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HR 3 - Dream Act


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Ms. Gonzalez (for herself, with thanks to Mr. Durbin and Mr. Graham) introduced the following bill;


A BILL

To authorize the cancellation of removal and adjustment of status of certain individuals who are long-term United States residents and who entered the United States as children, and for other purposes.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the “Dream Act”.

SEC. 2. DEFINITIONS.

In this Act:

(1) IN GENERAL.—Except as otherwise specifically provided, any term used in this Act that is used in the immigration laws shall have the meaning given such term in the immigration laws.

(2) DACA.—The term “DACA” means deferred action granted to an alien pursuant to the Deferred Action for Childhood Arrivals program announced by President Obama on June 15, 2012.

(3) DISABILITY.—The term “disability” has the meaning given such term in section 3(1) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(1)).

(4) EARLY CHILDHOOD EDUCATION PROGRAM.—The term “early childhood education program” has the meaning given such term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).

(5) ELEMENTARY SCHOOL; HIGH SCHOOL; SECONDARY SCHOOL.—The terms “elementary school”, “high school”, and “secondary school” have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(6) IMMIGRATION LAWS.—The term “immigration laws” has the meaning given such term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).

(7) INSTITUTION OF HIGHER EDUCATION.—The term “institution of higher education”—

(A) except as provided in subparagraph (B), has the meaning given such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002); and

(B) does not include an institution of higher education outside of the United States.

(8) PERMANENT RESIDENT STATUS ON A CONDITIONAL BASIS.—The term “permanent resident status on a conditional basis” means status as an alien lawfully admitted for permanent residence on a conditional basis under this Act.

(9) POVERTY LINE.—The term “poverty line” has the meaning given such term in section 673 of the Community Services Block Grant Act (42 U.S.C. 9902).

(10) SECRETARY.—Except as otherwise specifically provided, the term “Secretary” means the Secretary of Homeland Security.

(11) UNIFORMED SERVICES.—The term “Uniformed Services” has the meaning given the term “uniformed services” in section 101(a) of title 10, United States Code.

SEC. 3. PERMANENT RESIDENT STATUS ON A CONDITIONAL BASIS FOR CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE UNITED STATES AS CHILDREN.

 

(a) Conditional Basis For Status.—Notwithstanding any other provision of law, an alien shall be considered, at the time of obtaining the status of an alien lawfully admitted for permanent residence under this section, to have obtained such status on a conditional basis subject to the provisions under this Act.

(b) Requirements.—

(1) IN GENERAL.—Notwithstanding any other provision of law, the Secretary shall cancel the removal of, and adjust to the status of an alien lawfully admitted for permanent residence on a conditional basis, an alien who is inadmissible or deportable from the United States or is in temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), if—

(A) the alien has been continuously physically present in the United States since the date that is 4 years before the date of the enactment of this Act;

(B) the alien was younger than 18 years of age on the date on which the alien initially entered the United States;

(C) subject to paragraphs (2) and (3), the alien—

(i) is not inadmissible under paragraph (2), (3), (6)(E), (6)(G), (8), (10)(A), (10)(C), or (10)(D) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a));

(ii) has not ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion; and

(iii) has not been convicted of—

(I) any offense under Federal or State law, other than a State offense for which an essential element is the alien’s immigration status, that is punishable by a maximum term of imprisonment of more than 1 year; or

(II) 3 or more offenses under Federal or State law, other than State offenses for which an essential element is the alien’s immigration status, for which the alien was convicted on different dates for each of the 3 offenses and imprisoned for an aggregate of 90 days or more; and

(D) the alien—

(i) has been admitted to an institution of higher education;

(ii) has earned a high school diploma or a commensurate alternative award from a public or private high school, or has obtained a general education development certificate recognized under State law or a high school equivalency diploma in the United States; or

(iii) is enrolled in secondary school or in an education program assisting students in—

(I) obtaining a regular high school diploma or its recognized equivalent under State law; or

(II) in passing a general educational development exam, a high school equivalence diploma examination, or other similar State-authorized exam.

(2) WAIVER.—With respect to any benefit under this Act, the Secretary may waive the grounds of inadmissibility under paragraph (2), (6)(E), (6)(G), or (10)(D) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) for humanitarian purposes or family unity or if the waiver is otherwise in the public interest.

(3) TREATMENT OF EXPUNGED CONVICTIONS.—An expunged conviction shall not automatically be treated as an offense under paragraph (1). The Secretary shall evaluate expunged convictions on a case-by-case basis according to the nature and severity of the offense to determine whether, under the particular circumstances, the Secretary determines that the alien should be eligible for cancellation of removal, adjustment to permanent resident status on a conditional basis, or other adjustment of status.

(4) DACA RECIPIENTS.—The Secretary shall cancel the removal of, and adjust to the status of an alien lawfully admitted for permanent residence on a conditional basis, an alien who was granted DACA unless the alien has engaged in conduct since the alien was granted DACA that would make the alien ineligible for DACA.

(5) APPLICATION FEE.—

(A) IN GENERAL.—The Secretary may require an alien applying for permanent resident status on a conditional basis under this section to pay a reasonable fee that is commensurate with the cost of processing the application.

(B) EXEMPTION.—An applicant may be exempted from paying the fee required under subparagraph (A) if the alien—

(i) (I) is younger than 18 years of age;

(II) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line; and

(III) is in foster care or otherwise lacking any parental or other familial support;

(ii) is younger than 18 years of age and is homeless;

(iii) (I) cannot care for himself or herself because of a serious, chronic disability; and

(II) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line; or

(iv) (I) during the 12-month period immediately preceding the date on which the alien files an application under this section, accumulated $10,000 or more in debt as a result of unreimbursed medical expenses incurred by the alien or an immediate family member of the alien; and

(II) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line.

(6) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC DATA.—The Secretary may not grant an alien permanent resident status on a conditional basis under this section unless the alien submits biometric and biographic data, in accordance with procedures established by the Secretary. The Secretary shall provide an alternative procedure for aliens who are unable to provide such biometric or biographic data because of a physical impairment.

(7) BACKGROUND CHECKS.—

(A) REQUIREMENT FOR BACKGROUND CHECKS.—The Secretary shall utilize biometric, biographic, and other data that the Secretary determines appropriate—

(i) to conduct security and law enforcement background checks of an alien seeking permanent resident status on a conditional basis under this section; and

(ii) to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for such status.

(B) COMPLETION OF BACKGROUND CHECKS.—The security and law enforcement background checks of an alien required under subparagraph (A) shall be completed, to the satisfaction of the Secretary, before the date on which the Secretary grants such alien permanent resident status on a conditional basis under this section.

(8) MEDICAL EXAMINATION.—

(A) REQUIREMENT.—An alien applying for permanent resident status on a conditional basis under this section shall undergo a medical examination.

(B) POLICIES AND PROCEDURES.—The Secretary, with the concurrence of the Secretary of Health and Human Services, shall prescribe policies and procedures for the nature and timing of the examination required under subparagraph (A).

(9) MILITARY SELECTIVE SERVICE.—An alien applying for permanent resident status on a conditional basis under this section shall establish that the alien has registered under the Military Selective Service Act (50 U.S.C. 3801 et seq.), if the alien is subject to registration under such Act.

(c) Determination Of Continuous Presence.—

(1) TERMINATION OF CONTINUOUS PERIOD.—Any period of continuous physical presence in the United States of an alien who applies for permanent resident status on a conditional basis under this section shall not terminate when the alien is served a notice to appear under section 239(a) of the Immigration and Nationality Act (8 U.S.C. 1229(a)).

(2) TREATMENT OF CERTAIN BREAKS IN PRESENCE.—

(A) IN GENERAL.—Except as provided in subparagraphs (B) and (C), an alien shall be considered to have failed to maintain continuous physical presence in the United States under subsection (b)(1)(A) if the alien has departed from the United States for any period exceeding 90 days or for any periods, in the aggregate, exceeding 180 days.

(B) EXTENSIONS FOR EXTENUATING CIRCUMSTANCES.—The Secretary may extend the time periods described in subparagraph (A) for an alien who demonstrates that the failure to timely return to the United States was due to extenuating circumstances beyond the alien’s control, including the serious illness of the alien, or death or serious illness of a parent, grandparent, sibling, or child of the alien.

(C) TRAVEL AUTHORIZED BY THE SECRETARY.—Any period of travel outside of the United States by an alien that was authorized by the Secretary may not be counted toward any period of departure from the United States under subparagraph (A).

(d) Limitation On Removal Of Certain Aliens.—

(1) IN GENERAL.—The Secretary or the Attorney General may not remove an alien who appears prima facie eligible for relief under this section.

(2) ALIENS SUBJECT TO REMOVAL.—The Secretary shall provide a reasonable opportunity to apply for relief under this section to any alien who requests such an opportunity or who appears prima facie eligible for relief under this section if the alien is in removal proceedings, is the subject of a final removal order, or is the subject of a voluntary departure order.

(3) CERTAIN ALIENS ENROLLED IN ELEMENTARY OR SECONDARY SCHOOL.—

(A) STAY OF REMOVAL.—The Attorney General shall stay the removal proceedings of an alien who—

(i) meets all the requirements under subparagraphs (A), (B), and (C) of subsection (b)(1), subject to paragraphs (2) and (3) of such subsection;

(ii) is at least 5 years of age; and

(iii) is enrolled in an elementary school, a secondary school, or an early childhood education program.

(B) COMMENCEMENT OF REMOVAL PROCEEDINGS.—The Secretary may not commence removal proceedings for an alien described in subparagraph (A).

(C) EMPLOYMENT.—An alien whose removal is stayed pursuant to subparagraph (A) or who may not be placed in removal proceedings pursuant to subparagraph (B) shall, upon application to the Secretary, be granted an employment authorization document.

(D) LIFT OF STAY.—The Secretary or Attorney General may not lift the stay granted to an alien under subparagraph (A) unless the alien ceases to meet the requirements under such subparagraph.

(e) Exemption From Numerical Limitations.—Nothing in this section or in any other law may be construed to apply a numerical limitation on the number of aliens who may be granted permanent resident status on a conditional basis under this Act.

SEC. 4. TERMS OF PERMANENT RESIDENT STATUS ON A CONDITIONAL BASIS.

 

(a) Period Of Status.—Permanent resident status on a conditional basis is—

(1) valid for a period of 8 years, unless such period is extended by the Secretary; and

(2) subject to termination under subsection (c).

(b) Notice Of Requirements.—At the time an alien obtains permanent resident status on a conditional basis, the Secretary shall provide notice to the alien regarding the provisions of this Act and the requirements to have the conditional basis of such status removed.

(c) Termination Of Status.—The Secretary may terminate the permanent resident status on a conditional basis of an alien only if the Secretary—

(1) determines that the alien ceases to meet the requirements under paragraph (1)(C) of section 3(b), subject to paragraphs (2) and (3) of that section; and

(2) prior to the termination, provides the alien—

(A) notice of the proposed termination; and

(B) the opportunity for a hearing to provide evidence that the alien meets such requirements or otherwise contest the termination.

(d) Return To Previous Immigration Status.—

(1) IN GENERAL.—Except as provided in paragraph (2), an alien whose permanent resident status on a conditional basis expires under subsection (a)(1) or is terminated under subsection (c) or whose application for such status is denied shall return to the immigration status that the alien had immediately before receiving permanent resident status on a conditional basis or applying for such status, as appropriate.

(2) SPECIAL RULE FOR TEMPORARY PROTECTED STATUS.—An alien whose permanent resident status on a conditional basis expires under subsection (a)(1) or is terminated under subsection (c) or whose application for such status is denied and who had temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a) immediately before receiving or applying for such permanent resident status on a conditional basis, as appropriate, may not return to such temporary protected status if—

(A) the relevant designation under section 244(b) of the Immigration and Nationality Act (8 U.S.C. 1254a(b)) has been terminated; or

(B) the Secretary determines that the reason for terminating the permanent resident status on a conditional basis renders the alien ineligible for such temporary protected status.

SEC. 5. REMOVAL OF CONDITIONAL BASIS OF PERMANENT RESIDENT STATUS.

 

(a) Eligibility For Removal Of Conditional Basis.—

(1) IN GENERAL.—Subject to paragraph (2), the Secretary shall remove the conditional basis of an alien’s permanent resident status granted under this Act and grant the alien status as an alien lawfully admitted for permanent residence if the alien—

(A) is described in paragraph (1)(C) of section 3(b), subject to paragraphs (2) and (3) of that section;

(B) has not abandoned the alien’s residence in the United States; and

(C) (i) has acquired a degree from an institution of higher education or has completed at least 2 years, in good standing, in a program for a bachelor’s degree or higher degree in the United States;

(ii) has served in the Uniformed Services for at least 2 years and, if discharged, received an honorable discharge; or

(iii) has been employed for periods totaling at least 3 years and at least 75 percent of the time that the alien has had a valid employment authorization, except that any period during which the alien is not employed while having a valid employment authorization and is enrolled in an institution of higher education, a secondary school, or an education program described in section 3(b)(1)(D)(iii), shall not count toward the time requirements under this clause.

(2) HARDSHIP EXCEPTION.—The Secretary shall remove the conditional basis of an alien’s permanent resident status and grant the alien status as an alien lawfully admitted for permanent residence if the alien—

(A) satisfies the requirements under subparagraphs (A) and (B) of paragraph (1);

(B) demonstrates compelling circumstances for the inability to satisfy the requirements under subparagraph (C) of such paragraph; and

(C) demonstrates that—

(i) the alien has a disability;

(ii) the alien is a full-time caregiver of a minor child; or

(iii) the removal of the alien from the United States would result in extreme hardship to the alien or the alien’s spouse, parent, or child who is a national of the United States or is lawfully admitted for permanent residence.

(3) CITIZENSHIP REQUIREMENT.—

(A) IN GENERAL.—Except as provided in subparagraph (B), the conditional basis of an alien’s permanent resident status granted under this Act may not be removed unless the alien demonstrates that the alien satisfies the requirements under section 312(a) of the Immigration and Nationality Act (8 U.S.C. 1423(a)).

(B) EXCEPTION.—Subparagraph (A) shall not apply to an alien who is unable to meet the requirements under such section 312(a) due to disability.

(4) APPLICATION FEE.—

(A) IN GENERAL.—The Secretary may require aliens applying for lawful permanent resident status under this section to pay a reasonable fee that is commensurate with the cost of processing the application.

(B) EXEMPTION.—An applicant may be exempted from paying the fee required under subparagraph (A) if the alien—

(i) (I) is younger than 18 years of age;

(II) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line; and

(III) is in foster care or otherwise lacking any parental or other familial support;

(ii) is younger than 18 years of age and is homeless;

(iii) (I) cannot care for himself or herself because of a serious, chronic disability; and

(II) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line; or

(iv) (I) during the 12-month period immediately preceding the date on which the alien files an application under this section, the alien accumulated $10,000 or more in debt as a result of unreimbursed medical expenses incurred by the alien or an immediate family member of the alien; and

(II) received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line.

(5) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC DATA.—The Secretary may not remove the conditional basis of an alien’s permanent resident status unless the alien submits biometric and biographic data, in accordance with procedures established by the Secretary. The Secretary shall provide an alternative procedure for applicants who are unable to provide such biometric data because of a physical impairment.

(6) BACKGROUND CHECKS.—

(A) REQUIREMENT FOR BACKGROUND CHECKS.—The Secretary shall utilize biometric, biographic, and other data that the Secretary determines appropriate—

(i) to conduct security and law enforcement background checks of an alien applying for removal of the conditional basis of the alien’s permanent resident status; and

(ii) to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for removal of such conditional basis.

(B) COMPLETION OF BACKGROUND CHECKS.—The security and law enforcement background checks of an alien required under subparagraph (A) shall be completed, to the satisfaction of the Secretary, before the date on which the Secretary removes the conditional basis of the alien’s permanent resident status.

(b) Treatment For Purposes Of Naturalization.—

(1) IN GENERAL.—For purposes of title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.), an alien granted permanent resident status on a conditional basis shall be considered to have been admitted to the United States, and be present in the United States, as an alien lawfully admitted for permanent residence.

(2) LIMITATION ON APPLICATION FOR NATURALIZATION.—An alien may not apply for naturalization while the alien is in permanent resident status on a conditional basis.

SEC. 6. DOCUMENTATION REQUIREMENTS.

 

(a) Documents Establishing Identity.—An alien’s application for permanent resident status on a conditional basis may include, as proof of identity—

(1) a passport or national identity document from the alien’s country of origin that includes the alien’s name and the alien’s photograph or fingerprint;

(2) the alien’s birth certificate and an identity card that includes the alien’s name and photograph;

(3) a school identification card that includes the alien’s name and photograph, and school records showing the alien’s name and that the alien is or was enrolled at the school;

(4) a Uniformed Services identification card issued by the Department of Defense;

(5) any immigration or other document issued by the United States Government bearing the alien’s name and photograph; or

(6) a State-issued identification card bearing the alien's name and photograph.

(b) Documents Establishing Continuous Physical Presence In The United States.—To establish that an alien has been continuously physically present in the United States, as required under section 3(b)(1)(A), or to establish that an alien has not abandoned residence in the United States, as required under section 5(a)(1)(B), the alien may submit documents to the Secretary, including—

(1) employment records that include the employer’s name and contact information;

(2) records from any educational institution the alien has attended in the United States;

(3) records of service from the Uniformed Services;

(4) official records from a religious entity confirming the alien’s participation in a religious ceremony;

(5) passport entries;

(6) a birth certificate for a child who was born in the United States;

(7) automobile license receipts or registration;

(8) deeds, mortgages, or rental agreement contracts;

(9) tax receipts;

(10) insurance policies;

(11) remittance records;

(12) rent receipts or utility bills bearing the alien’s name or the name of an immediate family member of the alien, and the alien’s address;

(13) copies of money order receipts for money sent in or out of the United States;

(14) dated bank transactions; or

(15) 2 or more sworn affidavits from individuals who are not related to the alien who have direct knowledge of the alien’s continuous physical presence in the United States, that contain—

(A) the name, address, and telephone number of the affiant; and

(B) the nature and duration of the relationship between the affiant and the alien.

(c) Documents Establishing Initial Entry Into The United States.—To establish under section 3(b)(1)(B) that an alien was younger than 18 years of age on the date on which the alien initially entered the United States, an alien may submit documents to the Secretary, including—

(1) an admission stamp on the alien’s passport;

(2) records from any educational institution the alien has attended in the United States;

(3) any document from the Department of Justice or the Department of Homeland Security stating the alien’s date of entry into the United States;

(4) hospital or medical records showing medical treatment or hospitalization, the name of the medical facility or physician, and the date of the treatment or hospitalization;

(5) rent receipts or utility bills bearing the alien’s name or the name of an immediate family member of the alien, and the alien’s address;

(6) employment records that include the employer’s name and contact information;

(7) official records from a religious entity confirming the alien’s participation in a religious ceremony;

(8) a birth certificate for a child who was born in the United States;

(9) automobile license receipts or registration;

(10) deeds, mortgages, or rental agreement contracts;

(11) tax receipts;

(12) travel records;

(13) copies of money order receipts sent in or out of the country;

(14) dated bank transactions;

(15) remittance records; or

(16) insurance policies.

(d) Documents Establishing Admission To An Institution Of Higher Education.—To establish that an alien has been admitted to an institution of higher education, the alien shall submit to the Secretary a document from the institution of higher education certifying that the alien—

(1) has been admitted to the institution; or

(2) is currently enrolled in the institution as a student.

(e) Documents Establishing Receipt Of A Degree From An Institution Of Higher Education.—To establish that an alien has acquired a degree from an institution of higher education in the United States, the alien shall submit to the Secretary a diploma or other document from the institution stating that the alien has received such a degree.

(f) Documents Establishing Receipt Of High School Diploma, General Educational Development Certificate, Or A Recognized Equivalent.—To establish that an alien has earned a high school diploma or a commensurate alternative award from a public or private high school, or has obtained a general educational development certificate recognized under State law or a high school equivalency diploma in the United States, the alien shall submit to the Secretary—

(1) a high school diploma, certificate of completion, or other alternate award;

(2) a high school equivalency diploma or certificate recognized under State law; or

(3) evidence that the alien passed a State-authorized exam, including the general educational development exam, in the United States.

(g) Documents Establishing Enrollment In An Educational Program.—To establish that an alien is enrolled in any school or education program described in section 3(b)(1)(D)(iii), 3(d)(3)(A)(iii), or 5(a)(1)(C), the alien shall submit school records from the United States school that the alien is currently attending that include—

(1) the name of the school; and

(2) the alien’s name, periods of attendance, and current grade or educational level.

(h) Documents Establishing Exemption From Application Fees.—To establish that an alien is exempt from an application fee under section 3(b)(5)(B) or 5(a)(4)(B), the alien shall submit to the Secretary the following relevant documents:

(1) DOCUMENTS TO ESTABLISH AGE.—To establish that an alien meets an age requirement, the alien shall provide proof of identity, as described in subsection (a), that establishes that the alien is younger than 18 years of age.

(2) DOCUMENTS TO ESTABLISH INCOME.—To establish the alien’s income, the alien shall provide—

(A) employment records that have been maintained by the Social Security Administration, the Internal Revenue Service, or any other Federal, State, or local government agency;

(B) bank records; or

(C) at least 2 sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the alien’s work and income that contain—

(i) the name, address, and telephone number of the affiant; and

(ii) the nature and duration of the relationship between the affiant and the alien.

(3) DOCUMENTS TO ESTABLISH FOSTER CARE, LACK OF FAMILIAL SUPPORT, HOMELESSNESS, OR SERIOUS, CHRONIC DISABILITY.—To establish that the alien was in foster care, lacks parental or familial support, is homeless, or has a serious, chronic disability, the alien shall provide at least 2 sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the circumstances that contain—

(A) a statement that the alien is in foster care, otherwise lacks any parental or other familiar support, is homeless, or has a serious, chronic disability, as appropriate;

(B) the name, address, and telephone number of the affiant; and

(C) the nature and duration of the relationship between the affiant and the alien.

(4) DOCUMENTS TO ESTABLISH UNPAID MEDICAL EXPENSE.—To establish that the alien has debt as a result of unreimbursed medical expenses, the alien shall provide receipts or other documentation from a medical provider that—

(A) bear the provider’s name and address;

(B) bear the name of the individual receiving treatment; and

(C) document that the alien has accumulated $10,000 or more in debt in the past 12 months as a result of unreimbursed medical expenses incurred by the alien or an immediate family member of the alien.

(i) Documents Establishing Qualification For Hardship Exemption.—To establish that an alien satisfies one of the criteria for the hardship exemption set forth in section 5(a)(2)(C), the alien shall submit to the Secretary at least 2 sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the circumstances that warrant the exemption, that contain—

(1) the name, address, and telephone number of the affiant; and

(2) the nature and duration of the relationship between the affiant and the alien.

(j) Documents Establishing Service In The Uniformed Services.—To establish that an alien has served in the Uniformed Services for at least 2 years and, if discharged, received an honorable discharge, the alien shall submit to the Secretary—

(1) a Department of Defense form DD–214;

(2) a National Guard Report of Separation and Record of Service form 22;

(3) personnel records for such service from the appropriate Uniformed Service; or

(4) health records from the appropriate Uniformed Service.

(k) Documents Establishing Employment.—

(1) IN GENERAL.—An alien may satisfy the employment requirement under section 5(a)(1)(C)(iii) by submitting records that—

(A) establish compliance with such employment requirement; and

(B) have been maintained by the Social Security Administration, the Internal Revenue Service, or any other Federal, State, or local government agency.

(2) OTHER DOCUMENTS.—An alien who is unable to submit the records described in paragraph (1) may satisfy the employment requirement by submitting at least 2 types of reliable documents that provide evidence of employment, including—

(A) bank records;

(B) business records;

(C) employer records;

(D) records of a labor union, day labor center, or organization that assists workers in employment;

(E) sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the alien’s work, that contain—

(i) the name, address, and telephone number of the affiant; and

(ii) the nature and duration of the relationship between the affiant and the alien; and

(F) remittance records.

(l) Authority To Prohibit Use Of Certain Documents.—If the Secretary determines, after publication in the Federal Register and an opportunity for public comment, that any document or class of documents does not reliably establish identity or that permanent resident status on a conditional basis is being obtained fraudulently to an unacceptable degree, the Secretary may prohibit or restrict the use of such document or class of documents.

SEC. 7. RULEMAKING.

 

(a) Initial Publication.—Not later than 90 days after the date of the enactment of this Act, the Secretary shall publish regulations implementing this Act in the Federal Register. Such regulations shall allow eligible individuals to immediately apply affirmatively for the relief available under section 3 without being placed in removal proceedings.

(b) Interim Regulations.—Notwithstanding section 553 of title 5, United States Code, the regulations published pursuant to subsection (a) shall be effective, on an interim basis, immediately upon publication in the Federal Register, but may be subject to change and revision after public notice and opportunity for a period of public comment.

(c) Final Regulations.—Not later than 180 days after the date on which interim regulations are published under this section, the Secretary shall publish final regulations implementing this Act.

(d) Paperwork Reduction Act.—The requirements under chapter 35 of title 44, United States Code (commonly known as the “Paperwork Reduction Act”), shall not apply to any action to implement this Act.

SEC. 8. CONFIDENTIALITY OF INFORMATION.

 

(a) In General.—The Secretary may not disclose or use information provided in applications filed under this Act or in requests for DACA for the purpose of immigration enforcement.

(b) Referrals Prohibited.—The Secretary may not refer any individual who has been granted permanent resident status on a conditional basis or who was granted DACA to U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, or any designee of either such entity.

(c) Limited Exception.—Notwithstanding subsections (a) and (b), information provided in an application for permanent resident status on a conditional basis or a request for DACA may be shared with Federal security and law enforcement agencies—

(1) for assistance in the consideration of an application for permanent resident status on a conditional basis;

(2) to identify or prevent fraudulent claims;

(3) for national security purposes; or

(4) for the investigation or prosecution of any felony not related to immigration status.

(d) Penalty.—Any person who knowingly uses, publishes, or permits information to be examined in violation of this section shall be fined not more than $10,000.

SEC. 9. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY FOR PURPOSES OF HIGHER EDUCATION BENEFITS.

 

(a) In General.—Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is repealed.

(b) Effective Date.—The repeal under subsection (a) shall take effect as if included in the original enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208; 110 Stat. 3009–546).

Democratic Representative Litzy Gonzalez

Texas Congressional District 35

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  • Bruce changed the title to HR 3 - Dream Act
  • Administrators

Nancy Pelosi

It is the ruling of the chair that a PES is not required for this bill. Debate continues. 

 

((OOC: This isn't necessarily a game precedent, Pelosi is taking the partisan stance here. I was hoping we could make it til next Congress before codification of the House rules, so Pelosi has an unusual amount of flexibility currently. If the players want to code the House rules before the next Congress, introduce them in the Hopper and I'll bring them up for debate and vote by the House.))

@Huffines @Steven Andrews

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Madam Speaker,
I move to overturn the decision of the Chair.

((OOC: Notwithstanding partisan effects, I'm generally not thrilled with the idea of having to read through piles of codification for the next five or six weeks...))

Madam Speaker,
In the relevant sections, I move to strike "18 years of age" and insert "14 years of age" where it refers to the age which someone entered the country for the first time.  I believe we're looking at SEC. 3(b)(1)(B) and SEC. 6(c), but I could have mangled that and I would ask that the intent of my amendment be clear and that anything I might have missed be cleaned up by the clerk's office, or if I mixed up a section that the correct clause be indicated.

To explain this amendment, Madam Speaker, I think we have to consider the question of moral culpability in one's actions.  I would normally be inclined to follow the Catholic understanding of this and go with a somewhat younger age - the Church generally goes with about seven years old as the line to be drawn - but I also realize that in more than a few cases a younger child will be brought along without knowing what is happening or having actual control over whether to participate in the act or not.  Putting this a little bit more bluntly, if your parents can pick you up, they can drag you across the border.  So, as much as I oppose illegal immigration I also realize that an infant or small child has no moral responsibility for their actions.  I will also concede that a child brought to America at an exceedingly young age will lack any "real" ties to their home country, and indeed may not even speak a major language of that country.

I do not find that the same applies to an older teenager, and so I oppose the "blanket waiverability" being proposed here.  Before my colleagues complain that I have picked an arbitrary line to draw, I would point out that the age of 18 is no less arbitrary and that numerous attempts have been made to detach many rights and responsibilities from that line in either direction: The smoking age is 21, the drinking age is 21, and if some folks have their way the voting age will be 16.

I would signal three further amendments that I would like to make but that I cannot quite parse how to put in here:
The first is that I would like to propose that a clause be added requiring that any person claiming citizenship under this Act must simultaneously disavow or disclaim any other citizenship they might hold, to the extent that doing so is possible.  Some countries are rather...difficult...about not permitting their citizens to disclaim citizenship.  To be clear, I have no problem if such an amendment provides for us covering the costs of doing so for anyone who qualifies under the proposed indigency exceptions as I understand them.

Second, I would propose that in the event that a person is facing deportation to either government claiming sovereignty over China and/or Taiwan, that they shall have the right to select which one they shall be deported to as long as the relevant government will admit them; propose that the same apply for either government claiming jurisdiction on the Korean peninsula; and propose that in the event of a country or territory having two or more governments with control over territory, the individual being removed shall have the right to pick which one they wish to be expelled to.

Third, and rather most importantly, I would be willing to consider an amendment that completely removes the age requirement when accompanied by an honorable discharge, or continuing active service in, the US military, National Guard, or the Reserves for at least one full contract of not less than four years' active service, as well as emulating the French concept of "Français par le sang versé", that is "French by spilled blood".  To be honest, if you have volunteered for service and been injured in the service of this great country to the extent that you have any sort of permanent disability, I do not give a damn where you are from or when you came, you have a right to be here.  Frankly, we have a number of veterans from Vietnam and subsequent wars who have landed in a spot where they were subsequently deported - often in effect due to substance abuse issues which arose after combat-related trauma - and I would like to see them addressed here.

Unfortunately, what I am looking at is just enough of a snarl that I am not quite sure where to stick these in here without potentially blowing up the rest of the codification.

If I only have the motion to refer with instructions to work with, I would ask to bundle the drop to age 14 with my proposed military service amendment and my proposed requirement to pursue disclaiming citizenship as a single item.

((OOC: ...and this is why: I don't have a lawyer on staff to chase down things I'd like to amend and potentially find that I dropped a citation, mixed up sections, or install something grossly incoherent with the rest of the bill.))

@Bruce @Huffines

Edited by Steven Andrews

Andrew Byrd (and family), Virginia

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Madam Speaker,

I second the motion to overturn the decision of the Chair and the amendment offered by the gentleman from Florida, and I yield.

((OOC: Agreed we really need a PES for each bill unless it's very short and so clear it's practically in plain English already. This is lengthy with a lot of legalese, and no matter which party I were in, I'd like to know what the bill I'm voting on is actually doing - and while I remember the gist of the Dream Act, currently I don't know this bill's specifics.))

Senator Holly Hawthorne (R-AK)

@HollyHawthorne | Join the Freedom Caucus!

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Madam Speaker,
Depending on what rule we are operating under, I would further propose that this bill be amended to permit the Attorney General, or their designee, be able to issue an order ejecting a known citizen of a country to that country regardless of the country's willingness to accept them, and notwithstanding their presence on any no-fly list.  In the event that the person in question is willing to be deported accordingly, this should not be held against them in terms of future admissibility; in the event that they are resisting, it should be considered as any other deportation.  In the event that the country in question is not prepared to admit them within 30 days, and with two formal requests to be made in that timeframe by the Department of State and/or the United States ambassador, or other appropriate official where an ambassador is not present, then one or more official employee of that country's consular staff, or equivalent, shall be ejected and the individual(s) in question placed on the same flight and itinerary by court order, with the airline(s) in question to be compensated for any resulting displaced passengers.  I would also move to allow the Attorney General to order that an airline accept a given person for repatriation, either to or from the United States, regardless of their no-fly list status, if their continued presence wherever they are would violate immigration laws.

In plain language, this will deal with an issue that erupted during the pandemic of the last two years: A number of countries shut their borders in such a way as to strand their own citizens outside their borders for health reasons for an extended period of time.  One result was thousands of Australians trapped outside of Australia due to the border closures and quarantine hotel limits; this was perhaps understandable in the context of the initial crisis.  Another was a number of Algerians who were stuck in transit in Paris when rules changed and Algeria's border closed in 2021, a rather less understandable situation given that it was 2021, not 2020.  This won't promise a way to avoid such situations in their entirety, but it will give the US leverage in such situations, as by the outside of the 30-day window a country ought to be able to figure out what it is going to do to accommodate those individuals.  It will also provide a workaround for ejecting individuals on the no-fly list...a problem which has erupted on a number of occasions over the last twenty years as list changes have resulted in both Americans being stranded overseas - or, in one infamous case, in Hawaii - and other cases of similar complications.  If this is permitted, I will provide a text for such an amendment.

[OOC: I don't even know if we're under a closed rule or an open rule at this point.]

Andrew Byrd (and family), Virginia

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Madame Speaker,

The gentleman from Florida despite being an elected official doesn't seem to know how to propose an amendment. How are we supposed to vote on something that isn't even numbered into the bill? Where would it be placed? What is the exact language of the proposed amendments it seems unclear how any of it would fit in.

I yield.

Democratic Representative Litzy Gonzalez

Texas Congressional District 35

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Madam Speaker,

That is because I do not know whether we are proceeding under an open rule, a closed rule, something in between, or under Calvinball rules.  I believe that the first amendment that I proposed was quite clear...I stated the two sections where I wanted a line changed, specifically, and I stated the change I wanted in each line - the alteration is the same in both cases.  My motion was clear; my colleague is just being obtuse.

And there is another motion on the table as well, alongside a request for clarification.

I'm going to add a motion to exyend debate by 48 hours given this procedural mess and the slow responses from the Chair.

Andrew Byrd (and family), Virginia

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  • Administrators
On 12/12/2021 at 3:23 AM, Steven Andrews said:

Madam Speaker,
I move to overturn the decision of the Chair.

((OOC: Notwithstanding partisan effects, I'm generally not thrilled with the idea of having to read through piles of codification for the next five or six weeks...))

Madam Speaker,
In the relevant sections, I move to strike "18 years of age" and insert "14 years of age" where it refers to the age which someone entered the country for the first time.  I believe we're looking at SEC. 3(b)(1)(B) and SEC. 6(c), but I could have mangled that and I would ask that the intent of my amendment be clear and that anything I might have missed be cleaned up by the clerk's office, or if I mixed up a section that the correct clause be indicated.

To explain this amendment, Madam Speaker, I think we have to consider the question of moral culpability in one's actions.  I would normally be inclined to follow the Catholic understanding of this and go with a somewhat younger age - the Church generally goes with about seven years old as the line to be drawn - but I also realize that in more than a few cases a younger child will be brought along without knowing what is happening or having actual control over whether to participate in the act or not.  Putting this a little bit more bluntly, if your parents can pick you up, they can drag you across the border.  So, as much as I oppose illegal immigration I also realize that an infant or small child has no moral responsibility for their actions.  I will also concede that a child brought to America at an exceedingly young age will lack any "real" ties to their home country, and indeed may not even speak a major language of that country.

I do not find that the same applies to an older teenager, and so I oppose the "blanket waiverability" being proposed here.  Before my colleagues complain that I have picked an arbitrary line to draw, I would point out that the age of 18 is no less arbitrary and that numerous attempts have been made to detach many rights and responsibilities from that line in either direction: The smoking age is 21, the drinking age is 21, and if some folks have their way the voting age will be 16.

I would signal three further amendments that I would like to make but that I cannot quite parse how to put in here:
The first is that I would like to propose that a clause be added requiring that any person claiming citizenship under this Act must simultaneously disavow or disclaim any other citizenship they might hold, to the extent that doing so is possible.  Some countries are rather...difficult...about not permitting their citizens to disclaim citizenship.  To be clear, I have no problem if such an amendment provides for us covering the costs of doing so for anyone who qualifies under the proposed indigency exceptions as I understand them.

Second, I would propose that in the event that a person is facing deportation to either government claiming sovereignty over China and/or Taiwan, that they shall have the right to select which one they shall be deported to as long as the relevant government will admit them; propose that the same apply for either government claiming jurisdiction on the Korean peninsula; and propose that in the event of a country or territory having two or more governments with control over territory, the individual being removed shall have the right to pick which one they wish to be expelled to.

Third, and rather most importantly, I would be willing to consider an amendment that completely removes the age requirement when accompanied by an honorable discharge, or continuing active service in, the US military, National Guard, or the Reserves for at least one full contract of not less than four years' active service, as well as emulating the French concept of "Français par le sang versé", that is "French by spilled blood".  To be honest, if you have volunteered for service and been injured in the service of this great country to the extent that you have any sort of permanent disability, I do not give a damn where you are from or when you came, you have a right to be here.  Frankly, we have a number of veterans from Vietnam and subsequent wars who have landed in a spot where they were subsequently deported - often in effect due to substance abuse issues which arose after combat-related trauma - and I would like to see them addressed here.

Unfortunately, what I am looking at is just enough of a snarl that I am not quite sure where to stick these in here without potentially blowing up the rest of the codification.

If I only have the motion to refer with instructions to work with, I would ask to bundle the drop to age 14 with my proposed military service amendment and my proposed requirement to pursue disclaiming citizenship as a single item.

((OOC: ...and this is why: I don't have a lawyer on staff to chase down things I'd like to amend and potentially find that I dropped a citation, mixed up sections, or install something grossly incoherent with the rest of the bill.))

@Bruce @Huffines

Nancy Pelosi

The amendment is recognized:

 

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Madam Speaker,
I know we all have a lot on our plates right now.  However, now that we have a structure for where things are going, and have been assured that we are not operating under a closed rule, I present the following amendments:

First, under Section 5, I would add the following:

Quote

(7) Any alien seeking citizenship under this Act shall tender a renunciation of citizenship in any other nation (except where a loss of citizenship shall occur automatically) or power where they hold citizenship.  In the event that such a renunciation is not possible due to the laws of the country in question, they shall make a statement to the effect of foreswearing their loyalty to that country as shall be provided for by regulations as promulgated by the Secretary.

Second, I propose that the following be added as Section 8, and that Sections 8 and 9 be renumbered accordingly:

Quote

SEC. 8. MILITARY SERVICE EXCEPTIONS
(a) Any individual who sustains a combat injury in the service of the United States of America which results in disability, or a training injury as a result of an accident not resulting from their reckless or negligent behavior, and who was not serving under false pretences; and who did not subsequently receive a dishonorable or other-than-honorable discharge or a conviction for a felony under the Uniform Code of Military Justice (except for the possession or personal use of drugs where the use of said drugs can be directly connected to either physical injuries or post-traumatic stress resulting from combat) shall be entitled to apply for citizenship immediately.
(b) For any person who completes a term, or terms, of service in the uniformed services of the United States of America of not less than four years, including at least one full overseas deployment or combat tour, or who was unable to complete such a term of service solely on account of a service-related injury which was not a result of their reckless or negligent behavior; and who was not serving under false pretenses, the age requirements in this Act for first entry into the United States and restrictions in breaks in presence in the United States shall be waived.

Third, I move to add the following...if Section 8 as proposed is adopted, this will be Section 9 and there will be some relevant renumbering, which I'll leave up to the court:

Quote

SEC. 9. CERTAIN DEPORTATIONS OR REMOVALS
(a) In the event that an individual is to be removed from the United States, or deported from the United States, and the destination of that removal would be in any location in territories claimed by People's Republic of China, that person shall have the right to claim which jurisdiction therein they shall be removed to.
(b) In the event that an individual is to be removed from the United States, or deported from the United States, and the destination of that removal would be in any location in territories claimed by any nation occupying territory on the Korean Peninsula, that person shall have the right to claim which jurisdiction therein they shall be removed to.
(c) In the event that an individual is to be removed from the United States, or deported from the United States, and the destination of that removal would be in any country experiencing a sustained domestic disturbance which results in the presence of two or more entities effectively controlling sovereign or autonomous territories, that person shall have the right to claim which jurisdiction therein they shall be removed to.
(d) Notwithstanding sections (a), (b), and (c), the Secretary may prevent removal to a given jurisdiction on the basis of national security concerns; but may not enforce removal to an alternative jurisdiction.

I further move that the following be added to the putative Section 9:

Quote

(e) In the event of a person who is not a citizen or lawful permanent resident of the United States being unable to return to their home country owing to a general border closure which was enacted subsequent to their arrival in the United States, an emergency visa shall be granted to them for up to 30 days.  During such time, the Secretary of Homeland Security shall work with the Secretary of State to achieve a solution which shall permit them to return home.  In the event that such a solution cannot be reached, either Secretary may acquire transportation to the country in question through a compulsory purchase of transportation from any common carrier at a market rate, and shall be permitted to require the carrier to carry the passenger in question notwithstanding any and all other regulations.  They shall compensate the common carrier for any resulting passenger displacements or fines by the receiving country.  In the event of a foreign common carrier refusing such transportation, the Secretary may prevent the departure of the transportation service in question; and may further suspend the right of the transportation service in question to operate within the United States.
(1) In the event that no common carrier transportation shall be available to the country in question within 30 days while the country still refuses admission of their returned citizen, the Secretary of State may eject one or more employees of an embassy or consulate of the country in question, and direct that any common carrier or charter service carrying the employee in question carry the citizen(s) in question as well.
(f) In the event that another country alters its admission requirements for its citizens in transit in such a manner that prevents their return, the Secretary may direct that airlines for whom they have been issued tickets shall honor those tickets on any flight departing for that country; and shall make provision for paying any relevant fines on behalf of the airline(s) in question.

Quote

(g) In the event of a United States citizen attempting to return to the United States being barred from doing so due to their placement on a security-related list, such as the No-Fly List, in the event that such a restriction would place them in violation of the laws of another country the Secretary of Homeland Security shall issue a waiver, as well as directions for other steps which may be necessary to ensure their safe and orderly travel back to the United States, upon request of the citizen(s) in question.

Finally, I move to add an additional section - Section 10, if all of this is adopted:

Quote

SEC. 10. BORDER SECURITY
(a) The federal government shall explicitly permit states and counties located along the borders of the United States to detain persons for whom it is patently obvious have crossed the border illegally in the 72 hours prior to the relevant authorities having been notified without bail for up to three (3) days for a suspected immigration violation; and shall not intervene to preempt arrest or detention of such individuals for other crimes except to effect their removal from the United States.
(b) The Secretary of Homeland Security shall be empowered and directed to deputize sufficient police forces to enforce border security in the event of a "mass crossing incident", defined as a present or imminent illegal crossing of the border at one or more locations by more than 10 individuals, including by crossing a body of water.
(c) The use of the Army of the United States, the Navy or Coast Guard of the United States, or the National Guard in conjunction with securing the border against a mass crossing incident shall not be considered to be "executing the laws" for the purpose of the Posse Comitatus Act so long as persons so detained are handed over to the relevant civilian authorities for detention as quickly as possible.
(d) $5 billion is authorized for improvements to the security of the United States-Mexico Border.

 

Andrew Byrd (and family), Virginia

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Madam Speaker,
I have one further pair of amendments to tender in light of recent events:
 

Quote

SEC. 11. EXTRATERRESTRIAL RELATIONS
(a) It shall be understood that all laws referring to "aliens" which were adopted prior to the passage of this Act, as well as in this Act, only refer to members of sentient species whose point of origin is on the planet Earth, unless explicitly stated otherwise.  This Act shall not be deemed to grant any right of abode or naturalization to any other species, but neither shall it impede the right of the President to establish diplomatic relations with and/or grant temporary admission for diplomatic or other lawful purposes to members of nations or other functionally-equivalent entities of non-human species, or to enact regulations for the safe and orderly contact (including the protection of both sides of any such interaction from infectious disease or other hazards) with the same. 
(b) Aside from this provision, unless another Act explicitly deals with extraterrestrial contact, existing immigration law shall be deemed to not apply and the President, in conjunction with his cabinet, may establish temporary regulations as are deemed necessary and proper to safeguard the security of Earth and the human race, which shall have the force of law in respect of such contact.  The authority to establish such regulations shall apply until April 1, 2023.
(c) Except in cases where non-consensual abduction or assault are concerned, the President shall have the absolute power to waive violations of United States territory or airspace prior to the passage of this Act with any alien species with which diplomatic contact is subsequently established.

Quote

(d) No extraterrestrial materials or technology shall be imported to the United States (or elsewhere on planet Earth, to the extent that the United States may enforce such a limitation), except under direct and exclusive control of the United States government, without the direct consent of the government of the United States and the enactment of such reasonable measures as to prevent accidental contamination of either the Earth or, by connection, any extraterrestrial species' vehicles or worlds with biological contamination from the other's world.
(e) No extraterrestrial materials or technology shall be released for examination, production, replication, or reverse-engineering without the agreement and certification of the President, the Secretary of State, the Secretary of Defense, the Secretary of Homeland Security, and other officials as the President may deem necessary to consult with that said technologies or materials will not pose a threat to the United States or the planet Earth or the safety and security of either; and that the release of such materials or technology shall not place the United States in violation of any extraterrestrial law or treaty.  Unless otherwise determined by the aforementioned individuals, such technology and materials shall be presumed classified until released.


These are split because - frankly, Madam Speaker, the first one is definitely germane.  The second one is literally only going in here as a temporary emergency measure, and this is the best bill I have to throw it onto.  If this bill fails or if the amendment is not adopted, I will move it as separate legislation.

Madam Speaker, I never thought that I would be proposing such clauses, but here we are.  I would actually request if these amendments might be added as friendly given current events.  They offer a few "hotfixes" to our laws to deal with an unforeseen situation.  If the Majority Leader will bear with me on this, I think we can nip some possible issues in the bud.  I don't think any of us want some random deal coming together without Congress's agreement that sees China or Russia get their hands on alien tech, or to see that come about by sloppy handling.  This won't be the last time we have to tackle this sort of thing in the near future - I'm certain of that.  But we owe it to our constituents to get out in front of this situation as fast as is possible.

Let me be clear: None of these efforts need presume any ill will, or good will, on the part of the race that we just made contact with.  We didn't intentionally bring the flu to the Americas when we came; I don't want to find that we've suddenly got two pandemics going around because our new...neighbors, I guess...have something our bodies have never seen.  These efforts are, to my eyes, simply precautionary measures that we need to beef up as well as preemptive moves to ensure that the courts don't wander in and do something stupid.  The last thing I want to find is that we're suddenly granting citizenship to extraterrestrials who have been in hiding for the last few decades...and before anyone mocks me on that one, I'd like a show of hands for who had "First Contact with ET" on their bingo card for 2022.

Andrew Byrd (and family), Virginia

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Madam Speaker, 

I propose the following amendments: 

-with thanks to Representative Pfluger: 

Quote

SEC. X. CORONAVIRUS RELIEF FUNDS FOR BORDER SECURITY.

(a) In General.—Amounts made available by the American Rescue Plan Act of 2021 (Public Law 117–2) for the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund may also be made available to eligible law enforcement agencies for the purposes described in subsection (b).

(b) Purposes.—The purposes in this subsection are the following:

(1) Equipment, including maintenance and sustainment costs for enhanced border law enforcement activities.

(2) Personnel, including overtime and backfill for law enforcement personnel or non-law enforcement personnel who support enhanced border law enforcement activities.

(3) Allowable and approved personnel costs, including salaries, fringe benefits, overtime and backfill for dedicated intelligence analysts supporting Operation Stonegarden operations in support of enhanced border law enforcement activities.

(4) Any activity permitted for Operation Stonegarden under—

(A) the Department of Homeland Security’s most recent Homeland Security Grant Program Notice of Funding Opportunity; or

(B) the Federal Emergency Management Agency’s Preparedness Grants Manual.

(5) Any other appropriate activity, as determined by the Secretary.

(c) Eligible Law Enforcement Agencies Defined.—The term “eligible law enforcement agencies” means a law enforcement agency that is—

(1) located in—

(A) a State bordering Canada or Mexico; or

(B) a State or territory with an international maritime border; and

(2) is involved in an active, ongoing, U.S. Customs and Border Protection operation coordinated through a sector office.

 

-with thanks to Representative Cuellar: 

Quote

SECTION X. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.—This Act may be cited as the “Bipartisan Border Solutions Act of 2021”.

(b) Table Of Contents.—


Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Regional processing centers.
Sec. 4. Credible fear determination and asylum process improvement pilot programs.
Sec. 5. Immigration court docketing priorities during irregular migration influx events.
Sec. 6. Office for Civil Rights and Civil Liberties impact assessment.
Sec. 7. Plan to expand legal orientation program.
Sec. 8. Modifications to U.S. Customs and Border Protection standards on transport, escort, detention, and search to conform with legal orientation program requirements.
Sec. 9. Standard operating procedures; facilities standards.
Sec. 10. Criminal background checks for sponsors of unaccompanied alien children.
Sec. 11. Fraud in connection with the transfer of custody of unaccompanied alien children.
Sec. 12. Accountability for children and taxpayers.
Sec. 13. Hiring authority.
Sec. 14. Reports to Congress.
Sec. 15. Improving the ability to transport migrants.
Sec. 16. Rule of construction.
Sec. 17. Authorization of appropriations.

SEC. X. DEFINITIONS.
In this Act:

(1) ALIEN.—The term “alien” has the meaning given the term in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)).

(2) APPROPRIATE COMMITTEE OF CONGRESS.—The term “appropriate committee of Congress” means—

(A) the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate; and

(B) the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives.

(3) IMMIGRATION LAWS.—The term “immigration laws” has the meaning given the term in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)).

(4) IRREGULAR MIGRATION INFLUX EVENT.—The term “irregular migration influx event” means a period during which there is a significant increase in, or a sustained large number of, Department of Homeland Security encounters with aliens who—

(A) do not use the formal immigration system of the United States or the countries they are traveling through; and

(B) intend to enter the United States.

(5) LEGALLY DETERMINATIVE ASPECT OF THE ASYLUM PROCESS.—The term “legally determinative aspect of the asylum process” means any stage of the asylum process in which the alien is present and evidence of an alien’s credible fear of persecution or eligibility for asylum is gathered or considered, or a determination of an alien’s credible fear of persecution or eligibility for asylum is made, including—

(A) a credibility determination under section 208(b)(1)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(1)(B)(iii));

(B) an asylum interview and credible fear determination under section 235(b)(1)(B) of that Act;

(C) an immigration judge review of a negative credible fear determination under clause (iii)(III) of that section; and

(D) a removal proceeding under section 240 of that Act.

(6) SECRETARY.—The term “Secretary” means the Secretary of Homeland Security.

(7) UNACCOMPANIED ALIEN CHILD.—The term “unaccompanied alien child” has the meaning give the term in section 462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)).


SEC. X. REGIONAL PROCESSING CENTERS.
Subtitle C of title IV of the Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the following:

“SEC. 437. REGIONAL PROCESSING CENTERS.

“(a) In General.—The Secretary shall establish not fewer than 4 regional processing centers located in high traffic sectors of U.S. Border Patrol, as determined by the Secretary, along the southern border land border of the United States (referred to in this section as a ‘regional processing center’).

“(b) Purpose.—The regional processing centers shall carry out processing and management activities, including—

“(1) criminal history checks;

“(2) identity verification;

“(3) biometrics collection and analysis;

“(4) medical screenings;

“(5) asylum interviews and credible fear determinations under section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) and reasonable fear determinations under section 241(b)(3)(B) of that Act (8 U.S.C. 1231(b)(3)(B));

“(6) facilitating coordination and communication between Federal entities and nongovernmental organizations that are directly involved in providing assistance to aliens;

“(7) legal orientation programming and communication between aliens and outside legal counsel;

“(8) issuance of legal documents relating to immigration court proceedings of aliens;

“(9) short-term detention of not more than 72 hours before release or transfer to another facility; and

“(10) any other activity the Secretary considers appropriate.

“(c) Personnel And Living Conditions.—The regional processing centers shall include—

“(1) personnel assigned from—

“(A) U.S. Customs and Border Protection;

“(B) U.S. Immigration and Customs Enforcement;

“(C) the Federal Emergency Management Agency;

“(D) U.S. Citizenship and Immigration Services; and

“(E) the Office of Refugee Resettlement;

“(2) upon agreement with an applicable Federal agency, personnel from such Federal agency who are assigned to the regional processing center;

“(3) sufficient medical staff, including physicians specializing in pediatric or family medicine, nurse practitioners, and physician assistants;

“(4) licensed social workers;

“(5) mental health professionals;

“(6) child advocates appointed by the Secretary of Health and Human Services under section 235(c)(6)(B) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(6)(B)); and

“(7) sufficient space to carry out the processing and management activities described in subsection (b).

“(d) Criminal History Checks.—Each criminal history check carried out under subsection (b)(1) shall be conducted using a set of fingerprints or other biometric identifier obtained from—

“(1) the Federal Bureau of Investigation;

“(2) the criminal history repositories of all States that the individual listed as a current or former residence; and

“(3) any other appropriate Federal or State database resource or repository, as determined by the Secretary.

“(e) Exceptions For Additional Purposes.—Subject to operational and spatial availability, in the event of a major disaster or emergency declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) or any homeland security crisis requiring the establishment of a departmental Joint Task Force under section 708(b), the Secretary may temporarily utilize a regional processing center to carry out operations relating to such declaration or crisis.

“(f) Donations.—The Department may accept donations from private entities, nongovernmental organizations, and other groups independent of the Federal Government for the care of children and family units detained at a regional processing center, including—

“(1) medical goods and services;

“(2) school supplies;

“(3) toys;

“(4) clothing; and

“(5) any other item intended to promote the well-being of such children and family units.

“(g) Access To Facilities For Private Entities And Nongovernmental Organizations.—

“(1) IN GENERAL.—Private entities and nongovernmental organizations that are directly involved in providing humanitarian or legal assistance to families and individuals encountered by the Department along the southwest border of the United States, or organizations that provide assistance to detained individuals, shall have access to regional processing centers for purposes of—

“(A) legal orientation programming;

“(B) coordination with the Department with respect to the care of families and individuals held in regional processing centers, including the care of families and individuals who are released or scheduled to be released;

“(C) communication between aliens and outside legal counsel;

“(D) the provision of humanitarian assistance; and

“(E) any other purpose the Secretary considers appropriate.

“(2) ACCESS PLAN.—Not later than 60 days after the date of the enactment of this section, the Secretary shall publish in the Federal Register procedures relating to access to regional processing centers under paragraph (1) that ensure—

“(A) the safety of personnel of, and aliens detained in, regional processing centers; and

“(B) the orderly management and operation of regional processing centers.

“(h) Legal Counsel.—Aliens detained in a regional processing center shall have access to legal counsel in accordance with section 292 of the Immigration and Nationality Act (8 U.S.C. 1362), including the opportunity to consult with counsel before any legally determinative aspect of the asylum process occurs.

“(i) Procedures To Facilitate Communication With Counsel.—The Secretary shall develop written procedures to permit aliens detained in a regional processing center to visit with, and make confidential telephone calls to, legal representatives and legal services providers and to receive incoming calls from legal representatives and legal services providers, in a private and confidential space while in custody, for the purposes of retaining or consulting with counsel or obtaining legal advice from legal services providers.

“(j) Legal Orientation.—

“(1) IN GENERAL.—An alien detained in a regional processing center shall be provided the opportunity to receive a complete legal orientation presentation administered by a nongovernmental organization in cooperation with the Executive Office for Immigration Review.

“(2) TIMELINE.—

“(A) IN GENERAL.—The Secretary shall prioritize the provision of the legal orientation presentation required by paragraph (1) to an alien within 12 hours of apprehension.

“(B) REQUIREMENT.—In the case of an alien who does not receive such legal orientation presentation within 12 hours of apprehension, the Secretary shall ensure that the alien receives the presentation—

“(i) not later than 24 hours after apprehension; and

“(ii) not less than 24 hours before the alien initially appears before an asylum officer or immigration judge in connection with a claim for asylum.

“(k) Management Of Regional Processing Centers.—

“(1) OPERATION.—The Commissioner of U.S. Customs and Border Protection, in consultation with the interagency coordinating council established under paragraph (2), shall operate the regional processing centers.

“(2) INTERAGENCY COORDINATING COMMITTEE.—

“(A) ESTABLISHMENT.—There is established an interagency coordinating committee for the purpose of coordinating operations and management of the regional processing centers.

“(B) MEMBERSHIP.—The interagency coordinating committee shall be chaired by the Commissioner of U.S. Customs and Border Protection, or his or her designee, and shall include representatives designated by the heads of the following agencies:

“(i) U.S. Immigration and Customs Enforcement.

“(ii) The Federal Emergency Management Agency.

“(iii) U.S. Citizenship and Immigration Services.

“(iv) The Office of Refugee Resettlement.

“(v) Any other agency that supplies personnel to the regional processing centers, upon agreement between the Commissioner of U.S. Customs and Border Protection and the head of such other agency.”.


SEC. X. CREDIBLE FEAR DETERMINATION AND ASYLUM PROCESS IMPROVEMENT PILOT PROGRAMS.
(a) In General.—The Secretary and the Attorney General shall develop pilot programs to facilitate—

(1) fair and more efficient asylum decisions under section 208(b) of the Immigration and Nationality Act (8 U.S.C. 1158(b));

(2) fair and more efficient credible fear determinations under section 235(b)(1)(B) of that Act (8 U.S.C. 1225(b)(1)(B));

(3) improved access to legal counsel; and

(4) improved case management of aliens awaiting asylum hearings or decisions.

(b) Implementation.—

(1) WORKFORCE PLAN.—The Secretary and the Attorney General shall not implement any pilot program under this section until the workforce plan described in subsection (d) is fully implemented.

(2) LEGAL ORIENTATION PROGRAMS.—The Attorney General and the Secretary shall ensure that each alien enrolled in a pilot program under this section receives a complete, live legal orientation presentation before any legally determinative aspect of the asylum process occurs.

(3) NOTICE TO CONGRESS.—Not less than 90 days before the implementation of any new asylum processing policy or procedure under this section, the Secretary and the Attorney General shall provide to the appropriate committees of Congress notice of such implementation, including a description of any modification to a policy, procedure, practice, or training related to asylum processing.

(c) Scope Of Pilot Programs.—

(1) IN GENERAL.—The goal of the pilot programs under this section shall be to develop strategies to improve the asylum process to determine a final disposition fairly and more efficiently while ensuring that aliens apprehended along the southwest border and placed into removal proceedings are given a fair opportunity to effectively make an asylum claim or other relevant claim for relief, including the opportunity to retain and consult with counsel under section 292 of the Immigration and Nationality Act (8 U.S.C. 1362) before any legally determinative aspect of the asylum process occurs.

(2) PROHIBITION ON PARTICIPATION.—The Secretary and the Attorney General may not enroll in a pilot program under this section—

(A) an unaccompanied alien child;

(B) a pregnant individual; or

(C) an individual with a disability or an acute medical condition.

(3) FAIRNESS IN PROCEEDINGS.—The Secretary and the Attorney General shall take every appropriate step to ensure that each pilot program participant has a full opportunity to exercise all legal process rights afforded under law.

(4) ACCESS TO COUNSEL.—The pilot programs under this section shall be fully compliant with section 292 of the Immigration and Nationality Act (8 U.S.C. 1362), and the Secretary and the Attorney General shall consult with nongovernmental organizations to facilitate access to counsel for pilot program participants.

(5) CASE MANAGEMENT PROGRAMMING.—The pilot programs under this section may include case management programming for participants who are awaiting immigration court hearings, which may include—

(A) the provision of information about legal rights, responsibilities, and procedures;

(B) basic assistance in identifying relevant forms and documents;

(C) facilitating the attendance of aliens at their immigration court hearings; and

(D) any other relevant case management assistance the Secretary and the Attorney General consider appropriate.

(6) RIGHT TO JUDICIAL REVIEW.—Participation in a pilot program under this section shall not abrogate any existing right of an alien to request judicial review, including under section 242 of the Immigration and Nationality Act (8 U.S.C. 1252), of a decision related to his or her case.

(d) Staffing Requirements.—The Secretary shall—

(1) identify the staffing requirements necessary to carry out the pilot programs under this section, including the number of trained U.S. Citizenship and Immigration Services officers necessary to conduct all asylum interviews, credible fear interviews, and reasonable fear interviews; and

(2) develop a workforce plan for each such pilot program.

(e) Access To Counsel.—

(1) IN GENERAL.—Each alien enrolled in a pilot program under this section shall be afforded an opportunity to consult with 1 or more individuals of their choosing in a private consultation area, prior to a credible fear interview under section 235(b)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(B)).

(2) LIST OF LEGAL SERVICES PROVIDERS.—Each alien enrolled in such a pilot program shall be provided a contact list of potential legal resources and providers.

(3) PROCEDURES TO FACILITATE COMMUNICATION WITH COUNSEL.—The Secretary shall develop written procedures to permit aliens enrolled in such a pilot program to make telephone calls at no cost to legal representatives and legal services providers and to receive incoming calls from legal representatives and legal services providers in a private and confidential space.

(f) Language Access.—

(1) IN GENERAL.—The Secretary and the Attorney General shall provide each alien enrolled in a pilot program under this section with any written materials produced by the Department of Homeland Security or the Department of Justice in a language the alien understands.

(2) VERBAL EXPLANATION.—In the case of an alien who is unable to read the written materials provided under paragraph (1), the Secretary and the Attorney General shall ensure that the materials are explained verbally to the alien in a language the alien understands.

(g) Legal Orientation.—Not later than 24 hours after apprehension, and not less than 24 hours before initially appearing before an asylum officer or immigration judge in connection with a claim for asylum, an alien enrolled in a pilot program under this section shall be provided the opportunity to receive a complete legal orientation presentation administered in cooperation with the Executive Office for Immigration Review.

(h) Evaluation Plan.—Not later than the date on which implementation of a pilot program under this section commences or not later than 180 days after the date of the enactment of this Act, whichever is earlier, the Secretary and the Attorney General shall submit to appropriate committees of Congress an evaluation plan for the pilot program that includes the following:

(1) Well-defined, clear, and measurable objectives.

(2) Performance criteria or standards for determining the performance of the pilot program.

(3) Clearly articulated evaluation methodology, including—

(A) sound sampling methods;

(B) a determination of the appropriate sample size for the evaluation design; and

(C) a strategy for tracking the pilot program’s performance and evaluating the final results.

(4) A plan detailing the sources of data necessary to evaluate the pilot program, methods for data collection, and the timing and frequency of data collection.

(i) Notice To Congress.—

(1) IN GENERAL.—Not less than 90 days before the implementation of a pilot program under this section, the Secretary and the Attorney General shall provide to the appropriate committees of Congress notice of such implementation, including a description of any modification to a pilot program policy, procedure, practice, or training relating to asylum processing.

(2) ELEMENTS.—Each notice required by paragraph (1) shall include a description of the following:

(A) The procedures and policies to ensure all asylum interviews are conducted by trained U.S. Citizenship and Immigration Services asylum officers.

(B) The procedures and policies to ensure credible fear interviews are only done remotely in limited and exigent circumstances and the likely exigent circumstances that the officers conducing the pilot program may encounter.

(C) The procedures and policies to ensure any credible fear interviews done remotely shall be videotaped and a written transcript shall be produced.

(D) Procedures and policies used to ensure questions asked by Department of Homeland Security personnel who exercise expedited removal authority under section 235(b) of the Immigration and Nationality Act (8 U.S.C. 1225(b)) are asked in a uniform manner, to the greatest extent possible.

(j) Report To Congress.—

(1) IN GENERAL.—Not later than 1 year after the date on which implementation of a pilot program under this section commences or not later than 1 year after the date of the enactment of this Act, whichever is earlier, and annually thereafter until the date on which the pilot program terminates, the Secretary and the Attorney General shall submit to the appropriate committees of Congress a report on the pilot programs under this section.

(2) ELEMENTS.—Each report required by paragraph (1) shall include the following:

(A) An evaluation of the pilot program using the evaluation plan described in subsection (h).

(B) A discussion of the performance criteria or standards established under subsection (h)(2) and an assessment as to whether modifications to the criteria or standards are necessary.

(C) An assessment of the staffing levels necessary to carry out the pilot program and a description of any effect of current staffing levels on the ability of the Secretary to carry out the responsibilities of the Secretary with respect to border security.

(D) A description of the resources required to transport aliens in connection with the pilot program.

(E) A description of the resources necessary to improve legal orientation presentations and access to counsel in connection with the pilot program, consistent with section 7.

(F) A description of the information technology systems used in connection with the pilot program and an assessment as to whether additional resources or upgrades are necessary.

(G) An analysis of the effect of access to counsel under subsection (e) and language access under subsection (f) on the outcomes of credible fear determinations under section 235(b)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(B)).

(H) Recommendations for any legislative changes needed to further implement or expand the pilot programs.

(I) An explanation of any impediment to implementing the pilot programs, if relevant.

(k) Rule Of Construction.—Nothing in this section may be construed to authorize an extension of the duration for which an alien would otherwise be detained.

(l) Termination Of Authority.—The authority of the Secretary and the Attorney General to carry out this section shall terminate on the date that is 3 years after the date of the enactment of this Act.


SEC. X. IMMIGRATION COURT DOCKETING PRIORITIES DURING IRREGULAR MIGRATION INFLUX EVENTS.
(a) In General.—The Attorney General shall, to the greatest extent practicable, prioritize docketing and processing of removal cases under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) for aliens who are apprehended on entering the United States in connection with an irregular migration influx event.

(b) Irregular Migration Influx Events.—The Attorney General, in consultation with the Secretary, shall establish criteria for determining when an irregular migration influx event commences and ends for purposes of carrying out the docketing priorities under subsection (a).

(c) Access To Legal Counsel.—The Attorney General shall ensure that any master calendar or merits hearing in a removal case prioritized under subsection (a) is scheduled on a date and at a time that permits the alien a fair and reasonable opportunity to consult with and retain counsel prior to such hearing, consistent with section 292 of the Immigration and Nationality Act (8 U.S.C. 1362).

(d) Report To Congress.—Not later than December 31, 2021, the Attorney General shall submit to the appropriate committees of Congress a report that includes—

(1) the number of aliens who were apprehended after entering the United States in connection with an irregular migration influx event identified in accordance with subsection (b) and placed in removal proceedings under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a), organized by the fiscal year in which the apprehension occurred and stating the number of single adults, unaccompanied alien children, and aliens that are apprehended as part of a family unit;

(2) the number of aliens identified under paragraph (1) who appeared at master calendar hearings, including—

(A) the number and percentage represented by counsel at such hearings; and

(B) the average number of days between apprehension and such hearings;

(3) the number of in absentia orders of removal issued to aliens identified under paragraph (1) at master calendar hearings, including the number of such aliens represented by counsel;

(4) the number of aliens identified under paragraph (1) who appeared at final merits hearings, including the number and percentage represented by counsel at such hearings, and the average number of days between apprehension and such hearings; and

(5) the number of in absentia orders of removal issued to aliens identified under paragraph (1) at final merits hearings, including the number of such aliens represented by counsel.

(e) Rule Of Construction.—Nothing in this section shall be construed to permit the Attorney General to adopt abbreviated procedures in connection with adjudication of removal cases prioritized under subsection (a) beyond the extent permitted by law.


SEC. X. OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES IMPACT ASSESSMENT.
(a) In General.—Not later than 90 days after the date of the enactment of this Act, the Officer for Civil Rights and Civil Liberties of the Department shall complete a full impact assessment of asylum processing and determinations with respect to credible fear of persecution carried out at—

(1) regional processing centers established under section 437(a) of the Homeland Security Act of 2002; and

(2) any other Department of Homeland Security facility at which a legally determinative aspect of the asylum process occurs.

(b) Elements.—The impact assessment required by subsection (a) shall include—

(1) a description of the considerations relating to civil rights and civil liberties taken into account by the Secretary in developing and implementing asylum processing at such regional processing centers;

(2) a description of—

(A) with respect to potential civil rights and civil liberties violations, stakeholder feedback gathered before and during the implementation of asylum processing at regional processing centers; and

(B) the steps taken by the Secretary to gather and respond to such feedback and any changes made to asylum processing based on such feedback;

(3) an assessment of the ability of the language access plans of the Department of Homeland Security to allow Department personnel to communicate effectively with aliens with limited English proficiency who are placed in asylum processing, including any specific challenges faced by speakers of indigenous languages;

(4) a review of the language access plan of each component of the Department of Homeland Security to ensure each language access plan provides uniform guidance so as to allow Department personnel to communicate effectively with aliens with limited English proficiency, including speakers of indigenous languages, during asylum processing;

(5) a review of any negative impact on the ability of the Department of Homeland Security to process aliens during the asylum process due to language deficiencies and translation difficulties, including longer processing times, increased expenses as a result of increased translation services, and increases in the length of time aliens are detained by the Department;

(6) an assessment of the impact of current Department of Homeland Security policies and procedures for processing and adjudicating asylum claims, including language access plans and other accommodations, on vulnerable populations, especially on—

(A) individuals with mental health challenges, trauma, or physical health conditions; and

(B) pregnant individuals;

(7) any other current or historical guidance or policy review provided by the Office for Civil Rights and Civil Liberties to Department of Homeland Security components regarding asylum processing programs previously implemented or used by the Department; and

(8) any other element—

(A) the Officer for Civil Rights and Civil Liberties of the Department considers necessary;

(B) required by law; or

(C) requested by the Secretary.

(c) Report.—

(1) IN GENERAL.—Not later than 90 days after the date on which the impact assessment required by subsection (a) is completed, the Officer for Civil Rights and Civil Liberties of the Department of Homeland Security shall submit to the Secretary and the appropriate committees of Congress a report on the results of the impact assessment.

(2) ELEMENTS.—The report required by paragraph (1) shall include—

(A) a description of potential civil rights and civil liberties violations that are directly related to—

(i) whether the Department of Homeland Security’s practices, standards, guidelines, and regulations ensure that aliens who experience language barriers, illiteracy, mental health issues, trauma, physical health conditions, pregnancy, or other conditions are not at a disadvantage with respect to credible fear determinations under section 235(b) of the Immigration and Nationality Act (8 U.S.C. 1225(b));

(ii) an alien’s—

(I) inability to understand basic explanations of legal information; or

(II) limited English proficiency; and

(iii) an alien’s inability to consult with 1 or more individuals of his or her choosing before such interview;

(B) an assessment of the impact of expedited asylum processing initiatives operated by the Department of Homeland Security during the 10-year period preceding the date of the enactment of this Act on the civil rights and civil liberties of migrants enrolled in such initiatives;

(C) an assessment of any other civil rights or civil liberties violation relating to asylum processing;

(D) recommended updates to the language access plan of any component of the Department of Homeland Security to prevent the potential civil rights and civil liberties violations identified under subparagraph (A);

(E) recommendations—

(i) to improve the processing and adjudication of speakers of indigenous languages; and

(ii) to adapt language access plans to accommodate such individuals;

(F) recommendations for the appropriate use by Department of Homeland Security components of updated language access plans;

(G) recommended modifications to improve asylum processes to better serve vulnerable populations such as those with mental or physical health challenges, trauma, and pregnant individuals;

(H) recommended modifications to policies and procedures relating to asylum processing that would allow asylum processing to achieve compliance with current standards and guidelines of the Office for Civil Rights and Civil Liberties of the Department; and

(I) any other recommendation the Officer for Civil Rights and Civil Liberties considers appropriate.

(d) Implementation Plan.—

(1) IN GENERAL.—Not later than 60 days after the date on which the Officer for Civil Rights and Civil Liberties of the Department of Homeland Security submits the report under subsection (c), the Secretary shall submit to the appropriate committees of Congress an implementation plan that addresses the findings and recommendations contained in the report.

(2) ELEMENTS.—The implementation plan required by paragraph (1) shall include a description of—

(A) the recommendations contained in the report under subsection (c) addressed by the plan;

(B) any such recommendation not addressed by the plan and a justification for declining to address the recommendation; and

(C) any other matter the Secretary considers relevant to the implementation of such recommendations.

(3) PUBLICATION.—Not later than the date on which the Secretary submits the plan required by paragraph (1), the Secretary shall publish the plan in the Federal Register.


SEC. X. PLAN TO EXPAND LEGAL ORIENTATION PROGRAM.
(a) Interim Plan.—

(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall develop and submit to the appropriate committees of Congress an interim plan to expand the legal orientation program to each regional processing center established under section 437(a) of the Homeland Security Act of 2002 and any other Department of Homeland Security facility at which—

(A) 1 or more aliens are detained following apprehension by U.S. Customs and Border Protection; and

(B) any legally determinative aspect of the asylum process occurs.

(2) ELEMENTS.—The interim plan required by paragraph (1) shall include—

(A) a list of the critical items required for a final legal orientation plan that cannot be implemented in the interim plan due to necessary logistical and procedural changes at each facility at which assessments for credible fear of persecution, or other aspects of the asylum process, occur;

(B) a description of the manner in which the legal orientation program will be immediately adapted to assist aliens detained at Department of Homeland Security facilities, including such regional processing centers;

(C) a description of the manner in which access to counsel will be facilitated for such aliens who are subject to any type of asylum processing; and

(D) a list of Department of Homeland Security facilities—

(i) at which asylum processing occurs; and

(ii) that are capable of providing basic legal orientation services, including through a remote interface.

(3) IMPLEMENTATION.—The Secretary shall commence implementation of the interim plan beginning not later than 60 days after the submittal of the plan under paragraph (1) and ending on the date on which implementation of the final plan described in subsection (b) commences.

(4) PUBLIC CONSULTATION.—In developing the interim plan under paragraph (1), the Secretary shall consult with nongovernmental organizations, legal services providers, and any other entity the Secretary considers appropriate.

(b) Final Plan.—

(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall develop and submit to the appropriate committees of Congress a final plan to expand the legal orientation program to each Department of Homeland Security facility at which—

(A) 1 or more aliens are detained; and

(B) any legally determinative aspect of the asylum process occurs.

(2) ELEMENTS.—The final plan required by paragraph (1) shall include—

(A) a consultation with the Director of the Executive Office for Immigration Review to determine the most efficient and effective manner by which to expand or modify legal orientation program requirements and standards to include aliens seeking asylum protections at each Department of Homeland Security facility at which any part of the asylum process, including credible fear interviews, occurs;

(B) an assessment of necessary procedural and programmatic changes to the legal orientation program that will best accommodate such aliens;

(C) an assessment of challenges to expanding the legal orientation program to facilities that cannot be met by the interim plan under subsection (a);

(D) a requirement that legal orientation program sessions shall provide explanations of all expedited asylum processing programs and procedures and relevant forms of relief under the immigration laws;

(E) a requirement that legal orientation programs shall include access to self-help legal materials and communication with available pro bono legal representatives;

(F) a requirement that private and confidential space shall be provided to such aliens, if they wish to use it, for individual legal orientation and consultation and telephone calls with nonprofit organizations and legal representatives before—

(i) hearings relating to credible fear of persecution;

(ii) any Executive Office for Immigration Review hearing;

(iii) any legally determinative aspect of the asylum process; or

(iv) any other legal proceeding or consultation related to an asylum claim;

(G) protocols that allow such aliens to make and receive telephone calls to legal representatives, at no cost to such aliens, while detained at the Department of Homeland Security facility; and

(H) a requirement that—

(i) legal orientation programs shall ensure that written notice of legal rights is made available to such aliens in English and in not fewer than the 5 most common native languages spoken by aliens in custody at each Department of Homeland Security facility during the preceding fiscal year;

(ii) protocols shall be established to provide written or oral translation of materials that Department of Homeland Security produces for legal orientation programs or that Department of Homeland Security contracts with outside entities for use in a legal orientation programs for such aliens who do not speak a language described in clause (i), including—

(I) development of a list of all languages spoken by aliens encountered in the preceding 1-year period;

(II) procedures for providing oral interpretation services if it is not possible to produce a written translation in a manner that will not unreasonably prolong an alien’s time in custody, or if the alien is unable to read written materials; and

(III) an after-action plan for improving future responses after a language is encountered for which the Department of Homeland Security is unable to timely develop written materials; and

(I) the Secretary shall have in place at each Department of Homeland Security facility—

(i) a feasible plan to provide language translation or interpretation services for any alien in a language the alien understands; and

(ii) a list of translation and interpretation services and resources readily available to meet translation needs.

(3) IMPLEMENTATION.—Not later than 90 days after the submittal of the final plan required by paragraph (1), the Secretary shall commence implementation of the plan.

(c) Procedures To Ensure Availability.—

(1) IN GENERAL.—The Secretary, in consultation with the Attorney General, shall develop and implement procedures—

(A) to ensure that legal orientation programs are available for all detained aliens not later than 12 hours after being taken into custody at a Department of Homeland Security facility; and

(B) to provide such aliens with information relating to—

(i) the basic procedures of immigration hearings;

(ii) the rights of aliens under the immigration laws with respect to such hearings;

(iii) the consequences of filing a frivolous legal claim or knowingly making a false statement in the course of a hearing; and

(iv) any other matter the Secretary, in consultation with the Attorney General, considers appropriate.

(2) ELEMENTS.—The procedures developed under paragraph (1) shall include—

(A) the provision to aliens of a contact list of potential legal resources and providers;

(B) the provision of a clear explanation, in a language the alien fully understands, of the asylum process and standards relating to assessments for credible fear of persecution;

(C) a requirement to provide group orientations to aliens apprehended by U.S. Customs and Border Protection regarding asylum processing programs, including applicable pilot programs established under section 4, and forms of relief under the immigration laws;

(D) a requirement to provide aliens with access to self-help legal materials and communication with available pro bono legal representatives;

(E) protocols to allow aliens to make telephone calls to legal representatives and to receive incoming calls from legal representatives in a private and confidential space while in custody at Department of Homeland Security facilities; and

(F) a requirement to provide clear guidance to aliens on—

(i) additional procedural steps that occur after an interview with respect to credible fear of persecution;

(ii) relevant forms required to be submitted to apply for asylum or withholding of removal;

(iii) information that aliens are required to update as their cases are processed by U.S. Citizenship and Immigration Services and the Executive Office for Immigration Review; and

(iv) the consequences of failing to appear at any proceeding before the Executive Office for Immigration Review, and an explanation of the legal significance of an in absentia order of removal.


SEC. X. MODIFICATIONS TO U.S. CUSTOMS AND BORDER PROTECTION STANDARDS ON TRANSPORT, ESCORT, DETENTION, AND SEARCH TO CONFORM WITH LEGAL ORIENTATION PROGRAM REQUIREMENTS.
(a) Interim Plan.—Not later than 90 days after the date of the enactment of this Act, the Secretary shall—

(1) complete an assessment of the modifications to U.S. Customs and Border Protection transport, escort, detention, and search standards necessary—

(A) to implement the interim plan for expanded legal orientation and access programs under section 7(a); and

(B) to ensure—

(i) the safety of personnel of, and aliens detained in, U.S. Customs and Border Protection facilities; and

(ii) orderly management and operation of such facilities; and

(2) implement such modifications.

(b) Final Plan.—Not later than 30 days after the submittal of the final plan under section 7(b), the Secretary shall—

(1) complete an assessment of the modifications to U.S. Customs and Border Protection transport, escort, detention, and search standards necessary—

(A) to implement the final plan for expanded legal orientation and access programs under such section; and

(B) to ensure—

(i) the safety of personnel of, and aliens detained in, U.S. Customs and Border facilities; and

(ii) orderly management and operation of such facilities; and

(2) implement such modifications.

(c) Elements.—The modifications under subsection (a) and (b) shall include the development of protocols and procedures to allow employees of nonprofit organizations and legal representatives to enter U.S. Customs and Border Protection facilities to carry out legal orientation programming, communication between aliens and outside counsel, and any other activity the Secretary considers appropriate.


SEC. X. STANDARD OPERATING PROCEDURES; FACILITIES STANDARDS.
(a) Standard Operating Procedures.—Section 411(k)(1) of the Homeland Security Act of 2002 (6 U.S.C. 211(k)) is amended—

(1) in subparagraph (D), by striking “and” at the end;

(2) in subparagraph (E)(iv), by striking the period at the end and inserting “; and”; and

(3) adding at the end the following:


“(F) standard operating procedures regarding the detection, interdiction, inspection, processing, or transferring of alien children that officers and agents of U.S. Customs and Border Protection shall employ in the execution of their duties.”.

(b) Facilities Standards.—

(1) INITIAL REVIEW AND UPDATE.—Not later than 270 days after the date of the enactment of this Act, the Secretary shall review and update the regulations under part 115 of title 6, Code of Federal Regulations, that set standards to prevent, detect, and respond to sexual abuse and assault in immigration detention facilities and other holding facilities under the jurisdiction of the Department of Homeland Security.

(2) QUADRENNIAL REVIEW.—The Secretary shall review and update the regulations referred to in paragraph (1) not less frequently than once every 4 years.


SEC. X. CRIMINAL BACKGROUND CHECKS FOR SPONSORS OF UNACCOMPANIED ALIEN CHILDREN.
(a) In General.—Section 235(c) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)) is amended—

(1) in paragraph (3)—

(A) in subparagraph (A), in the first sentence, by striking “subparagraph (B)” and inserting “subparagraphs (B) and (C)”;

(B) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively;

(C) by inserting after subparagraph (A) the following:


“(B) CRIMINAL BACKGROUND CHECKS.—

“(i) IN GENERAL.—Before placing an unaccompanied alien child with an individual, the Secretary of Health and Human Services shall—

“(I) conduct a criminal history background check on the individual and each adult member of the individual’s household; and

“(II) if appropriate, collect biometric samples in connection with any such background check.

“(ii) SCOPE.—

“(I) IN GENERAL.—Each biometric criminal history background check required under clause (i) shall be conducted through—

“(aa) the Federal Bureau of Investigation;

“(bb) criminal history repositories of each State the individual lists as a current or former residence; and

“(cc) any other Federal or State database or repository the Secretary of Health and Human Services considers appropriate.

“(II) USE OF RAPID DNA INSTRUMENTS.—DNA analysis of a DNA sample collected under subclause (I) may be carried out with Rapid DNA instruments (as defined in section 3(c) of the DNA Analysis Backlog Elimination Act of 2000 (34 U.S.C. 40702(c))).

“(III) LIMITATION ON USE OF BIOMETRIC SAMPLES.—The Secretary of Health and Human Services may not release a fingerprint or DNA sample collected, or disclose the results of a fingerprint or DNA analysis conducted under this subparagraph, or any other information obtained pursuant to this section, to the Department of Homeland Security for any immigration enforcement purpose.

“(IV) ACCESS TO INFORMATION THROUGH THE DEPARTMENT OF HOMELAND SECURITY.—Not later than 14 days after receiving a request from the Secretary of Health and Human Services, the Secretary of Homeland Security shall provide information necessary to conduct suitability assessments from appropriate Federal, State, and local law enforcement and immigration databases.

“(iii) PROHIBITION ON PLACEMENT WITH INDIVIDUALS CONVICTED OF CERTAIN OFFENSES.—The Secretary of Health and Human Services may not place an unaccompanied alien child in the custody or household of an individual who has been convicted of, or is currently being tried for—

“(I) a sex offense (as defined in section 111 of the Sex Offender Registration and Notification Act (34 U.S.C. 20911));

“(II) a crime involving severe forms of trafficking in persons (as defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102);

“(III) a crime of domestic violence (as defined in section 40002(a) of the Violence Against Women Act (34 U.S.C. 12291(a));

“(IV) a crime of child abuse and neglect (as defined in section 3 of the Child Abuse Prevention and Treatment Act (Public Law 93–247; 42 U.S.C. 5101 note));

“(V) murder, manslaughter, or an attempt to commit murder or manslaughter (within the meanings of such terms in sections 1111, 1112, and 1113 of title 18, United States Code); or

“(VI) a crime involving receipt, distribution, or possession of a visual depiction of a minor engaging in sexually explicit conduct (within the meanings of such terms in section 2252 of title 18, United States Code).”; and

(D) by adding at the end the following:


“(E) WELL-BEING FOLLOW-UP CALLS.—Not later than 30 days after the date on which an unaccompanied alien child is released from the custody of the Secretary of Health and Human Services, and every 60 days thereafter until the date on which a final decision has been issued in the removal proceedings of the child or such proceedings are terminated, the Secretary shall conduct a follow-up telephone call with the unaccompanied alien child and the child’s custodian or the primary point of contact for any other entity with which the child was placed.

“(F) CHANGE OF ADDRESS.—The Secretary of Health and Human Services shall—

“(i) require each custodian with whom an unaccompanied alien child is placed under this subsection to notify the Secretary with respect to any change in the unaccompanied alien child’s physical or mailing address, including any situation in which the unaccompanied alien child permanently departs the custodian’s residence, not later than 7 days after the date on which such change or departure occurs; and

“(ii) develop and implement a system that permits custodians to submit notifications electronically with respect to a change of address.”.

(b) Collection And Compilation Of Statistical Information.—Section 462(b)(1)(K) of the Homeland Security Act of 2002 (6 U.S.C. 279(b)(1)(K)) is amended by striking “; and” and inserting“, including—

“(i) the average length of time from apprehension to the child’s master calendar hearing, organized by the fiscal year in which the children were apprehended by U.S. Customs and Border Protection;

“(ii) the number of children identified under clause (i) who did and did not appear at master calendar hearings, including the percentage of children in each category who were represented by counsel;

“(iii) the average length of time from apprehension to the child’s merits hearing, organized by the fiscal year in which the children were apprehended by U.S. Customs and Border Protection;

“(iv) the number of children identified under clause (i) who did and did not appear at merits hearings, including the percentage of children in each category who are represented by counsel; and

“(v) the total number of well-being follow-up calls conducted under section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(3)(E)) at each time interval following placement with a custodian or other entity, and the number of children that the Secretary of Health and Human Services is unable to contact at each interval, organized by the fiscal year in which the children were apprehended by U.S. Customs and Border Protection; and”.


SEC. X. FRAUD IN CONNECTION WITH THE TRANSFER OF CUSTODY OF UNACCOMPANIED ALIEN CHILDREN.
(a) In General.—Chapter 47 of title 18, United States Code, is amended by adding at the end the following:


Ҥ 1041. Fraud in connection with the transfer of custody of unaccompanied alien children
“(a) In General.—It shall be unlawful for a person to obtain custody of an unaccompanied alien child (as defined in section 462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)))—

“(1) by making any materially false, fictitious, or fraudulent statement or representation; or

“(2) by making or using any false writing or document with the knowledge that such writing or document contains any materially false, fictitious, or fraudulent statement or entry.

“(b) Penalties.—

“(1) IN GENERAL.—Any person who violates, or attempts or conspires to violate, subsection (a) shall be fined under this title and imprisoned for not less than 1 year.

“(2) ENHANCED PENALTY FOR TRAFFICKING.—If the primary purpose of a violation, attempted violation, or conspiracy to violate this section was to subject the child to sexually explicit activity or any other form of exploitation, the offender shall be fined under this title and imprisoned for not less than 15 years.”.

(b) Clerical Amendment.—The chapter analysis for chapter 47 of title 18, United States Code, is amended by adding at the end the following:


“1041. Fraud in connection with the transfer of custody of unaccompanied alien children.”.

SEC. X. ACCOUNTABILITY FOR CHILDREN AND TAXPAYERS.
(a) In General.—Section 235(b) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)) is amended by adding at the end the following:


“(5) INSPECTION OF FACILITIES.—

“(A) FACILITIES USED BY SECRETARY OF HEALTH AND HUMAN SERVICES.—The Inspector General of the Department of Health and Human Services shall conduct regular inspections of facilities used by the Secretary of Health and Human Services to provide care and custody of unaccompanied alien children who are in the immediate custody of the Secretary to ensure that such facilities are operated in an efficient and effective manner while also ensuring—

“(i) the safety of unaccompanied alien children; and

“(ii) that unaccompanied alien children—

“(I) have access to information relevant to their removal proceedings and claims for relief; and

“(II) are able to communicate efficaciously with their legal representatives.

“(B) FACILITIES USED BY THE SECRETARY OF HOMELAND SECURITY.—The Inspector General of the Department of Homeland Security shall conduct regular inspections of facilities, including temporary facilities and facilities built or obtained for use to deal with an irregular migration influx, used by the Secretary of Homeland Security in which unaccompanied alien children and family units are detained, to ensure that—

“(i) such facilities are operated in an efficient and effective manner; and

“(ii) unaccompanied alien child and family units—

“(I) have access to information relevant to their removal proceedings and claims for relief; and

“(II) are able to communicate efficaciously with their legal representatives.

“(6) REPORT ON FACILITY OPERATION COSTS.—Not less frequently than annually, the Secretary of Health and Human Services and the Secretary of Homeland Security shall each submit to the Committee on the Judiciary and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on the Judiciary and the Committee on Homeland Security of the House of Representatives a report detailing, for each facility described in subparagraph (A) or (B) of paragraph (5), respectively—

“(A) the average daily cost for each unaccompanied alien child housed or detained at such facility;

“(B) the average cost over the entire system; and

“(C) in the case of such a facility the average daily cost per child of which significantly exceeds the average cost over the entire system, an explanation of expenditures.”.


SEC. X. HIRING AUTHORITY.
(a) U.S. Customs And Border Protection.—

(1) IN GENERAL.—The Commissioner of U.S. Customs and Border Protection shall hire, train, and assign—

(A) not fewer than 600 new Office of Field Operations Officers (above the current attrition level) during every fiscal year until the total number of Office of Field Operations officers equals and sustains the requirements identified each year in the Workforce Staffing Model;

(B) support staff, including technicians, to perform non-law enforcement administrative functions to support the new Office of Field Operations officers hired pursuant to subparagraph (A); and

(C) not fewer than 250 Border Patrol processing coordinators.

(2) TRAFFIC FORECASTS.—In calculating the number of Office of Field Operations officers needed at each port of entry through the Workforce Staffing Model, the Commissioner of U.S. Customs and Border Protection shall—

(A) rely on data collected regarding the inspections and other activities conducted at each such port of entry; and

(B) consider volume from seasonal influxes, other projected changes in commercial and passenger volumes, the most current commercial forecasts, and temporary detailed personnel of the Office of Field Operations to assist with irregular migration influx events or other events, and other relevant information.

(3) GAO REPORT.—If the Commissioner of U.S. Customs and Border Protection does not hire 600 additional Office of Field Operations officers pursuant to paragraph (1)(A) during the fiscal year in which this Act is enacted, or during any subsequent fiscal year in which the hiring requirements set forth in the Workforce Staffing Model have not been achieved, the Comptroller General of the United States shall—

(A) conduct a review of U.S. Customs and Border Protection hiring practices to determine the reasons that such requirements were not achieved and to address other issues related to hiring by U.S. Customs and Border Protection; and

(B) submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that describes the results of the review conducted under subparagraph (A).

(b) U.S. Immigration And Customs Enforcement.—

(1) IN GENERAL.—The Director of U.S. Immigration and Customs Enforcement shall hire, train, and assign—

(A) not fewer than 300 Enforcement and Removal Operations support personnel to address case management responsibilities relating to aliens apprehended along the southwest border, and the operation of regional processing centers established under section 437(a) of the Homeland Security Act of 2002;

(B) not fewer than 128 attorneys in the Office of the Principal Legal Advisor; and

(C) not fewer than 41 support staff within the Office of the Principal Legal Advisor to assist immigration judges within the Executive Office for Immigration Review with removal, asylum, and custody determination proceedings.

(2) GAO REVIEW AND REPORT RELATING TO STAFFING NEEDS.—

(A) REVIEW.—The Comptroller General of the United States shall conduct a review of—

(i) U.S. Immigration and Customs Enforcement activities and staffing needs related to irregular migration influx events along the southwest border during fiscal years 2014, 2019, and 2021, including—

(I) the total number of aliens placed in removal proceedings in connection with such irregular migration influx events;

(II) the number of hours dedicated to responding to irregular migration influx events by Enforcement and Removal Operations officers, Enforcement and Removal Operations support personnel, attorneys within the Office of the Principal Legal Advisor, and support staff within the Office of the Principal Legal Advisor; and

(III) the impact that response to such irregular migration influx events had on the ability of U.S. Immigration and Customs Enforcement to carry out other aspects of its mission, including the regular transport of migrants from U.S. Customs and Border Protection facilities to U.S. Immigration and Customs Enforcement facilities; and

(ii) staffing levels within the Office of the Principal Legal Advisor, U.S. Immigration and Customs Enforcement, including the impact such staffing levels have on docketing of cases within the Executive Office for Immigration Review.

(B) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to the appropriate committees of Congress a report that describes the results of the review conducted under subparagraph (A).

(c) Executive Office For Immigration Review.—The Director of the Executive Office for Immigration Review shall hire, train, and assign not fewer than 150 new Immigration Judge teams, including staff attorneys and all applicable support staff for such Immigration Judge teams.

(d) U.S. Citizenship And Immigration Services.—The Director of U.S. Citizenship and Immigration Services shall hire, train, and assign not fewer than 300 asylum officers.


SEC. X. REPORTS TO CONGRESS.
(a) Unaccompanied Alien Children.—

(1) CARE OF UNACCOMPANIED ALIEN CHILDREN.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to the appropriate committees of Congress, and make publicly available, a report that includes—

(A) a detailed summary of the contracts in effect to care for and house unaccompanied alien children, including the names and locations of contractors and the facilities being used;

(B) for each contractor and facility referred to in subparagraph (A), the cost per day to care for and house an unaccompanied alien child, including a breakdown of factors that contribute to such cost;

(C) the number of unaccompanied alien children who have been released to a sponsor, if any;

(D) a list of the States in which unaccompanied alien children have been released from the custody of the Secretary of Health and Human Services to the care of a sponsor or placement in a facility;

(E) a determination of whether more than 1 unaccompanied alien child has been released to the same sponsor, including the number of children who were released to such sponsor;

(F) an assessment of the extent to which the Secretary of Health and Human Services is monitoring the release of unaccompanied alien children, including home studies and any other monitoring activity;

(G) an assessment of the extent to which the Secretary of Health and Human Services is making efforts—

(i) to educate unaccompanied alien children about their legal rights and the legal process; and

(ii) to provide unaccompanied alien children access to pro bono counsel; and

(H) an assessment of efforts by the Secretary of Health and Human Services to mitigate the spread of contagious disease within facilities operated or contracted by the Secretary, including—

(i) medical screening and treatment services provided to unaccompanied alien children; and

(ii) communication with State, local, and Tribal governments regarding the release from custody of any unaccompanied alien child who suffers from a contagious disease or may be especially vulnerable to a contagious disease.

(2) RETURNS TO COUNTRY OF NATIONALITY.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress, and make publicly available, a report that identifies—

(A) the number of unaccompanied alien children who have voluntarily returned to their country of nationality or habitual residence, disaggregated by—

(i) country of nationality or habitual residence; and

(ii) age of the unaccompanied alien children;

(B) the number of unaccompanied alien children who have been returned to their country of nationality or habitual residence, including the length of time such children were present in the United States;

(C) the number of unaccompanied alien children who have not been returned to their country of nationality or habitual residence pending travel documents or other requirements from such country, including how long they have been waiting to return; and

(D) the number of unaccompanied alien children who were granted relief in the United States, whether through asylum, any other immigration benefit or status, or deferred action.

(3) IMMIGRATION PROCEEDINGS.—Not later than 90 days after the date of the enactment of this Act, and not less frequently than every 90 days thereafter, the Secretary, in coordination with the Director of the Executive Office for Immigration Review, shall submit to the appropriate committees of Congress, and make publicly available, a report that identifies—

(A) the number of unaccompanied alien children who, after proceedings under section 235(b) of the Immigration and Nationality Act (8 U.S.C. 1225(b)), were returned to their country of nationality or habitual residence, disaggregated by—

(i) country of nationality or residence; and

(ii) age and gender of such aliens;

(B) the number of unaccompanied alien children who, after proceedings under section 235(b) of the Immigration and Nationality Act (8 U.S.C. 1225(b)), prove a claim of admissibility and are placed in proceedings under section 240 of that Act (8 U.S.C. 1229a); and

(C) the number of unaccompanied alien children who fail to appear at a removal hearing that such alien was required to attend.

(b) Binational Efforts To Combat Irregular Migration.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate committees of Congress, and make publicly available, a report that includes—

(1) a copy of any repatriation agreement in effect for unaccompanied alien children;

(2) a description of the status of any repatriation agreement that is being considered or negotiated;

(3) a description of the foreign assistance funding provided by the United States Government to the 20 countries that have the highest total number of nationals entering the United States as unaccompanied alien children and the 20 countries that have the highest total number of nationals entering the United States who do not use the formal immigration system of the United States or of the countries such individuals are traveling through, including amounts provided for, and descriptions of, initiatives or programs—

(A) to deter the children, adults, and families of each such country from illegally entering the United States; and

(B) to care for or reintegrate repatriated unaccompanied alien children in the country of nationality or last habitual residence;

(4) an examination of domestic initiatives by countries described in paragraph (3) with respect to the prevention of irregular migration by children, adults, and families and the manner in which the United States may work with such countries to make such initiatives more successful; and

(5) recommendations on actions the United States may take, through foreign aid programs of the United States, to improve the ability of such countries to combat irregular migration.

(c) Suspected Trafficking Of Alien Children.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress, and make publicly available, a report that includes—

(1) an anonymized data set describing incidents in which the Secretary has suspected that an alien child was apprehended multiple times as a part of different family units and the response of the Secretary to such incidents;

(2) an anonymized data set describing incidents not described in paragraph (1) in which the Secretary has suspected that an alien child was falsely claimed as a member of a family unit and the response of the Secretary to such incidents;

(3) a description of current techniques and technologies used to verify the identity of alien children who are presented as members of multiple family units; and

(4) legislative recommendations to improve the ability of the Secretary to detect and respond to incidents in which an alien child is fraudulently claimed to be a member of a family unit.


SEC. X. IMPROVING THE ABILITY TO TRANSPORT MIGRANTS.
(a) Improvement Of Transportation Policy And Standards.—

(1) IN GENERAL.—Not later than 90 days after the date of enactment of this Act, the Secretary shall update the transportation policies, standards, definitions, and any other needed guidance or regulations of the Department of Homeland Security to expand and improve the capability of the Department to conduct ground transportation of migrants at the southwest border.

(2) ELEMENTS.—The update required by paragraph 1 shall include—

(A) the provision of authority, to the extent possible, for the Department of Homeland Security to transport migrants who are being released by the Department to facilities operated by State, local, or Tribal governments, or by nongovernmental organizations directly working to provide aid to migrants along the southwest border so as—

(i) to ensure the health and safety of local communities and the migrants;

(ii) to promote an orderly environment along the border and at United States ports of entry; and

(iii) to avoid overburdening small communities that are poorly equipped to handle a population influx;

(B) a consideration of the manner in which a public health emergency may require changes in Department transportation policy to protect public health and the health of migrants; and

(C) a system through which the Department shall consistently provide not less than 4 hours advance notification to State, local, or Tribal governments, and nongovernmental organizations and private entities directly providing aid or other services to migrants, including services provided for a fee, of the intent of the Department to transport migrants to such jurisdictions or facilities located in such jurisdiction.

(3) LIMITATION.—Any authority established under paragraph (2)(A) shall be limited to transportation within the States of California, Arizona, New Mexico, and Texas, unless the Secretary certifies, on a case-by-case basis, that transport to a particular facility located in another State is necessary for the public good.

(b) Report To Congress.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress, and make publicly available, a report that includes—

(1) an assessment as to whether current Department of Homeland Security ground transportation resources are sufficient—

(A) to meet Department responsibilities with respect to the transportation of migrants; and

(B) to ensure the safety of Department personnel and migrants;

(2) a description of current Department contracts regarding transportation of migrants at the southwest border, the ability of the Department to expand such contracts to improve transportation capacity, and any limitations related to such contracts that impede the expansion of transportation capacity;

(3) a description of recommended changes to Department transportation policies and standards that would require additional legislative authority;

(4) recommendations to Congress for legislative changes that would improve the ability of the Department to expand and improve its transportation capabilities; and

(5) an assessment of the impact of public health emergencies on Department transportation and the steps the Department will take to further improve transportation of migrants during public health emergencies.


SEC. X. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to affect any requirement placed on the Department of Homeland Security or any other agency under the terms of any lawful settlement agreement or consent decree entered into by the Department or another agency.


SEC. X. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to carry out this Act and the amendments made by this Act.

 

PES: 

This bill establishes regional processing centers for conducting immigration-related activities and addresses other related issues.

The Department of Homeland Security (DHS) shall establish at least four regional processing centers along the southern border in high-traffic Border Patrol sectors. These centers shall conduct processing activities such as criminal history checks, medical screenings, asylum interviews and credible fear determinations, and short-term detention of individuals.

The bill imposes various requirements, such as requiring the centers to (1) allow nongovernmental entities access to detained individuals to provide humanitarian or legal assistance, and (2) provide detained aliens access to legal counsel for certain asylum proceedings.

The bill also requires DHS and the Department of Justice (DOJ) to develop pilot programs to improve asylum decisions, credible fear determinations, access to counsel, and case management of aliens awaiting asylum hearings or decisions.

DOJ shall, to the greatest extent practicable, prioritize removal cases involving aliens apprehended while entering the United States during an irregular migration influx.

Before placing an unaccompanied alien child with an individual, the Department of Health and Human Services must conduct a criminal background check of each adult member of that individual's household. An alien child may not be placed in a household where an individual has been convicted of certain crimes, including offenses involving sex or domestic violence.

The bill also makes it a crime to make a materially false statement or knowingly use a false document to obtain custody of an unaccompanied alien child.

 

-with thanks to Representative Crenshaw

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SEC. X. REIMBURSEMENT.

(a) Qualification.—Notwithstanding any other provision of law, States that have expended more than $2,500,000,000 on border security and enforcement in support of Federal efforts in the ten years prior to the date of the enactment of this Act shall have all associated expenses reimbursed.

(b) Application.—Not later than 180 days after the date of the enactment of this Act, the Governors of eligible States shall submit—

(1) an accounting of all non-federally funded border security expenses incurred by the State and its municipalities; and

(2) the total sum of such expenses.

(c) Reimbursement.—Not later than 1 year after the date on which the State submits the application pursuant to subsection (b), the Federal Government shall reimburse such expenses pursuant to subsection (a).

 

-with thanks to Representative Katko

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SEC. X. BORDER WALL SYSTEM CONSTRUCTION.
(a) In General.—

(1) IMMEDIATE RESUMPTION OF BORDER WALL CONSTRUCTION.—Not later than 24 hours after the date of the enactment of this section, the Secretary shall resume all activities related to the construction of the border barrier system (also known as, and referred to in this section as, the “border wall system”) along the international border between the United States and Mexico that were underway or being planned for prior to January 20, 2021.

(2) NO CANCELLATIONS.—The Secretary may not cancel any contract for activities related to the construction of the border wall system that was entered into on or before January 20, 2021.

(3) USE OF FUNDS.—To carry out this section, the Secretary shall expend all funds appropriated or explicitly obligated for the construction of the border wall system that were appropriated or obligated, as the case may be, for use beginning October 1, 2016.

(b) Plan To Complete Tactical Infrastructure And Technology Elements Of System.—Not later than 90 days after the date of the enactment of this section, the Secretary shall submit to the appropriate congressional committees an implementation plan, including quarterly benchmarks and cost estimates, for satisfying all requirements of the construction of the border wall system referred to in paragraph (1) of subsection (a), including tactical infrastructure, technology, and other elements as identified by the Department prior to January 20, 2021, through the expenditure of funds appropriated or explicitly obligated, as the case may be, for use beginning October 1, 2016, as well as any future funds appropriated by Congress.

(c) Uphold Negotiated Agreements.—The Secretary shall ensure that all agreements executed in writing between the Department and private citizens, State, local, or Tribal governments, or other stakeholders are honored by the Department relating to current and future construction of the border wall system as required by such agreements.

(d) Definitions.—In this section:

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate.

(2) TACTICAL INFRASTRUCTURE.—The term “tactical infrastructure” includes boat ramps, access gates, checkpoints, lighting, and roads associated with a border wall system.

(3) TECHNOLOGY.—The term “technology” includes border surveillance and detection technology, including linear ground detection systems, associated with a border wall system.


SEC. X. STRENGTHENING THE REQUIREMENTS FOR BARRIERS ALONG THE SOUTHERN BORDER.
Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Division C of Public Law 104–208; 8 U.S.C. 1103 note) is amended—

(1) by amending subsection (a) to read as follows:

“(a) In General.—The Secretary of Homeland Security shall take such actions as may be necessary (including the removal of obstacles to detection of illegal entrants) to design, test, construct, install, deploy, integrate, and operate physical barriers, tactical infrastructure, and technology in the vicinity of the United States border to achieve situational awareness and operational control of the border and deter, impede, and detect illegal activity in high traffic areas.”;

(2) in subsection (b)—

(A) in the subsection heading, by striking “Fencing And Road Improvements” and inserting “Physical Barriers”;

(B) in paragraph (1)—

(i) in subparagraph (A)—

(I) by striking “subsection (a)” and inserting “this section”;

(II) by striking “roads, lighting, cameras, and sensors” and inserting “tactical infrastructure, and technology”; and

(III) by striking “gain” and inserting “achieve situational awareness and”;

(ii) by amending subparagraph (B) to read as follows:


“(B) PHYSICAL BARRIERS AND TACTICAL INFRASTRUCTURE.—The Secretary, in carrying out this section, shall deploy along the United States border the most practical and effective physical barriers and tactical infrastructure available for achieving situational awareness and operational control of the border.”;

(iii) in subparagraph (C)—

(I) by amending clause (i) to read as follows:


“(i) IN GENERAL.—In carrying out this section, the Secretary shall consult with appropriate Federal agency partners, appropriate representatives of Federal, State, Tribal, and local governments, and appropriate private property owners in the United States to minimize the impact on the environment, culture, commerce, and quality of life for the communities and residents located near the sites at which such physical barriers are to be constructed.”; and

(II) in clause (ii)—

(aa) in subclause (I), by striking “or” after the semicolon at the end;

(bb) by amending subclause (II) to read as follows:


“(II) delay the transfer to the United States of the possession of property or affect the validity of any property acquisition by the United States by purchase or eminent domain, or to otherwise affect the eminent domain laws of the United States or of any State; or”; and

(cc) by adding at the end the following new subclause:


“(III) create any right or liability for any party.”; and

(iv) by striking subparagraph (D);

(C) in paragraph (2)—

(i) by striking “Attorney General” and inserting “Secretary of Homeland Security”;

(ii) by striking “this subsection” and inserting “this section”; and

(iii) by striking “construction of fences” and inserting “the construction of physical barriers”;

(D) by amending paragraph (3) to read as follows:


“(3) AGENT SAFETY.—In carrying out this section, the Secretary of Homeland Security, when designing, constructing, and deploying physical barriers, tactical infrastructure, or technology, shall incorporate such safety features into such design, construction, or deployment of such physical barriers, tactical infrastructure, or technology, as the case may be, that the Secretary determines are necessary to maximize the safety and effectiveness of officers or agents of the Department of Homeland Security or of any other Federal agency deployed in the vicinity of such physical barriers, tactical infrastructure, or technology.”; and

(E) in paragraph (4), by striking “this subsection” and inserting “this section”;

(3) in subsection (c)—

(A) by amending paragraph (1) to read as follows:


“(1) IN GENERAL.—Notwithstanding any other provision of law, the Secretary of Homeland Security shall have the authority to waive all legal requirements the Secretary determines necessary to ensure the expeditious design, testing, construction, installation, deployment, integration, and operation of the physical barriers, tactical infrastructure, and technology under this section. Such waiver authority shall also apply with respect to any maintenance carried out on such physical barriers, tactical infrastructure, or technology. Any such decision by the Secretary shall be effective upon publication in the Federal Register.”;

(B) by redesignating paragraph (2) as paragraph (3); and

(C) by inserting after paragraph (1) the following new paragraph:


“(2) NOTIFICATION.—Not later than 7 days after the date on which the Secretary of Homeland Security exercises the waiver authority under paragraph (1), the Secretary shall notify the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate of such waiver.”; and

(4) by adding at the end the following new subsections:

“(e) Technology.—The Secretary of Homeland Security, in carrying out this section, shall deploy along the United States border the most practical and effective technology available for achieving situational awareness and operational control of the border.

“(f) Definitions.—In this section:

“(1) ADVANCED UNATTENDED SURVEILLANCE SENSORS.—The term ‘advanced unattended surveillance sensors’ means sensors that utilize an onboard computer to analyze detections in an effort to discern between vehicles, humans, and animals, and ultimately filter false positives prior to transmission.

“(2) HIGH TRAFFIC AREAS.—The term ‘high traffic areas’ means areas in the vicinity of the United States border that—

“(A) are within the responsibility of U.S. Customs and Border Protection; and

“(B) have significant unlawful cross-border activity, as determined by the Secretary of Homeland Security.

“(3) OPERATIONAL CONTROL.—The term ‘operational control’ has the meaning given such term in section 2(b) of the Secure Fence Act of 2006 (Public Law 109–367; 8 U.S.C. 1701 note).

“(4) PHYSICAL BARRIERS.—The term ‘physical barriers’ includes reinforced fencing, border wall system, and levee walls.

“(5) SITUATIONAL AWARENESS.—The term ‘situational awareness’ has the meaning given such term in section 1092(a)(7) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 6 U.S.C. 223(a)(7)).

“(6) TACTICAL INFRASTRUCTURE.—The term ‘tactical infrastructure’ includes boat ramps, access gates, checkpoints, lighting, and roads.

“(7) TECHNOLOGY.—The term ‘technology’ includes border surveillance and detection technology, including the following:

“(A) Tower-based surveillance technology.

“(B) Deployable, lighter-than-air ground surveillance equipment.

“(C) Vehicle and Dismount Exploitation Radars (VADER).

“(D) 3-dimensional, seismic acoustic detection and ranging border tunneling detection technology.

“(E) Advanced unattended surveillance sensors.

“(F) Mobile vehicle-mounted and man-portable surveillance capabilities.

“(G) Unmanned aircraft systems.

“(H) Other border detection, communication, and surveillance technology.

“(8) UNMANNED AIRCRAFT SYSTEM.—The term ‘unmanned aircraft system’ has the meaning given such term in section 44801 of title 49, United States Code.”.


SEC. X. BORDER AND PORT SECURITY TECHNOLOGY INVESTMENT PLAN.
(a) In General.—Not later than 180 days after the date of the enactment of this section, the Commissioner, in consultation with covered officials and border and port security technology stakeholders, shall submit to the appropriate congressional committees a strategic 5-year technology investment plan (in this section to be referred to as the “plan”). The plan may include a classified annex, if appropriate.

(b) Contents Of Plan.—The plan shall include the following:

(1) An analysis of security risks with respect to ports of entry along the northern and southern borders of the United States.

(2) An identification of capability gaps with respect to security at such ports of entry.

(3) An analysis of current and forecast trends relating to the number of aliens who—

(A) unlawfully entered the United States by crossing the northern or southern border of the United States; or

(B) are unlawfully present in the United States.

(4) A description of security-related technology acquisitions that are listed in order of priority to address the security risks and capability gaps identified pursuant to paragraphs (1) and (2), respectively.

(5) A description of each planned security-related technology program, including objectives, goals, and timelines for each such program.

(6) An identification of each deployed security-related technology that is at or near the end of the life cycle of such technology.

(7) A description of the test, evaluation, modeling, and simulation capabilities, including target methodologies, rationales, and timelines, necessary to support the acquisition of security-related technologies pursuant to paragraph (4).

(8) An identification and assessment of ways to increase opportunities for communication and collaboration with industry, small and disadvantaged businesses, intra-government entities, university centers of excellence, and national laboratories to ensure CBP understands the market for security-related technologies that are available to satisfy its mission needs before engaging in an acquisition of a security-related technology.

(9) An assessment of the management of planned security-related technology programs by the acquisition workforce of CBP.

(10) An identification of ways to leverage already-existing acquisition expertise within the Federal Government.

(11) A description of the security resources, including information security resources, that will be required to protect security-related technology from physical or cyber theft, diversion, sabotage, or attack.

(12) A description of initiatives to—

(A) streamline the acquisition process of CBP; and

(B) provide greater predictability and clarity, with respect to such process, to small, medium, and large businesses, including information relating to the timeline for testing and evaluation.

(13) An assessment of the privacy and security impact on border communities of security-related technology.

(14) In the case of a new acquisition leading to the removal of equipment from a port of entry along the northern or southern border of the United States, a strategy to consult with industry and community stakeholders affected by such removal.

(15) A strategy to consult with industry and community stakeholders with respect to security impacts at a port of entry described in paragraph (14).

(c) Leveraging The Private Sector.—To the extent practicable, the plan shall—

(1) leverage to the greatest extent possible emerging technological trends, and research and development trends, within the public and private sectors;

(2) incorporate input from the private sector, including from border and port security stakeholders, through requests for information, industry day events, and other innovative means consistent with the Federal Acquisition Regulation; and

(3) identify security-related technologies that are in development or deployed, with or without adaptation, that may satisfy the mission needs of CBP.

(d) Form.—To the extent practicable, the plan shall be published in unclassified form on the website of the Department.

(e) Approval.—The Commissioner may not publish the plan until the plan is approved by the Secretary.

(f) Disclosure.—The plan shall include a list of the names of individuals not employed by the Federal Government who contributed to the development of the plan.

(g) Update And Report.—Not later than the date that is two years after the date on which the plan is submitted to the appropriate congressional committees pursuant to subsection (a) and biennially thereafter for ten years, the Commissioner shall submit to the appropriate congressional committees—

(1) an update of the plan, if appropriate; and

(2) a report that includes—

(A) the extent to which each security-related technology acquired by CBP since the initial submission of the plan or most recent update of the plan, as the case may be, is consistent with the planned technology programs and projects identified pursuant to subsection (b)(5); and

(B) the type of contract and the reason for acquiring such security-related technology.

(h) Definitions.—In this section:

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—

(A) the Committee on Homeland Security of the House of Representatives; and

(B) the Committee on Homeland Security and Governmental Affairs of the Senate.

(2) COVERED OFFICIALS.—The term “covered officials” means—

(A) the Under Secretary for Management of the Department;

(B) the Under Secretary for Science and Technology of the Department; and

(C) the Chief Information Officer of the Department.

(3) UNLAWFULLY PRESENT.—The term “unlawfully present” has the meaning given such term in section 212(a)(9)(B)(ii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)(ii)).

 

-with thanks to Representative Katko:

Quote

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


“SEC. 2009A. OPERATION STONEGARDEN.
“(a) Establishment.—There is established in the Department a program to be known as ‘Operation Stonegarden’, under which the Secretary, acting through the Administrator, shall make grants to eligible law enforcement agencies, through the State administrative agency, to enhance border security in accordance with this section.

“(b) Eligible Recipients.—To be eligible to receive a grant under this section, a law enforcement agency—

“(1) shall be located in—

“(A) a State bordering Canada or Mexico; or

“(B) a State or territory with a maritime border; and

“(2) shall be involved in an active, ongoing, U.S. Customs and Border Protection operation coordinated through a U.S. Border Patrol sector office.

“(c) Permitted Uses.—The recipient of a grant under this section may use such grant for—

“(1) equipment, including maintenance and sustainment costs;

“(2) personnel, including overtime and backfill, in support of enhanced border law enforcement activities;

“(3) any activity permitted for Operation Stonegarden under the most recent fiscal year Department of Homeland Security’s Homeland Security Grant Program Notice of Funding Opportunity; and

“(4) any other appropriate activity, as determined by the Administrator, in consultation with the Commissioner of U.S. Customs and Border Protection.

“(d) Period Of Performance.—The Secretary shall award grants under this section to grant recipients for a period of not less than 36 months.

“(e) Report.—For each of fiscal years 2022 through 2026, the Administrator shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that contains information on the expenditure of grants made under this section by each grant recipient.

“(f) Authorization Of Appropriations.—There is authorized to be appropriated $110,000,000 for each of fiscal years 2022 through 2026 for grants under this section.”.

(b) Conforming Amendment.—Subsection (a) of section 2002 of the Homeland Security Act of 2002 (6 U.S.C. 603) is amended to read as follows:


“(a) Grants Authorized.—The Secretary, through the Administrator, may award grants under sections 2003, 2004, 2009, and 2009A to State, local, and Tribal governments, as appropriate.”.

(c) Clerical Amendment.—The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 2009 the following new item:


“Sec. 2009A. Operation Stonegarden.”.

 

-with thanks to Representative Katko: 

Quote

SEC. X. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.
(a) In General.—Subtitle C of title IV of the Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the following new section:

“SEC. 437. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.

“(a) Major Acquisition Program Defined.—In this section, the term ‘major acquisition program’ means an acquisition program of the Department that is estimated by the Secretary to require an eventual total expenditure of at least $300,000,000 (based on fiscal year 2022 constant dollars) over its life-cycle cost.

“(b) Planning Documentation.—For each border security technology acquisition program of the Department that is determined to be a major acquisition program, the Secretary shall—

“(1) ensure that each such program has a written acquisition program baseline approved by the relevant acquisition decision authority;

“(2) document that each such program is satisfying cost, schedule, and performance thresholds as specified in such baseline, in compliance with relevant departmental acquisition policies and the Federal Acquisition Regulation; and

“(3) have a plan for satisfying program implementation objectives by managing contractor performance.

“(c) Adherence To Standards.—The Secretary, acting through the Under Secretary for Management and the Commissioner of U.S. Customs and Border Protection, shall ensure border security technology acquisition program managers who are responsible for carrying out this section adhere to relevant internal control standards identified by the Comptroller General of the United States. The Commissioner shall provide information, as needed, to assist the Under Secretary in monitoring management of border security technology acquisition programs under this section.

“(d) Plan.—The Secretary, acting through the Under Secretary for Management, in coordination with the Under Secretary for Science and Technology and the Commissioner of U.S. Customs and Border Protection, shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a plan for testing, evaluating, and using independent verification and validation of resources relating to the proposed acquisition of border security technology. Under such plan, the proposed acquisition of new border security technologies shall be evaluated through a series of assessments, processes, and audits to ensure—

“(1) compliance with relevant departmental acquisition policies and the Federal Acquisition Regulation; and

“(2) the effective use of taxpayer dollars.”.

(b) Clerical Amendment.—The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by striking the items relating to sections 435 and 436 and inserting the following new items:


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


SEC. X. U.S. CUSTOMS AND BORDER PROTECTION TECHNOLOGY UPGRADES.
(a) Secure Communications.—The Commissioner shall ensure that each CBP officer or agent, if appropriate, is equipped with a secure radio or other two-way communication device that allows each such officer or agent to communicate—

(1) between ports of entry and inspection stations; and

(2) with other Federal, State, Tribal, and local law enforcement entities.

(b) Border Security Deployment Program.—

(1) EXPANSION.—Not later than September 30, 2023, the Commissioner shall fully implement the Border Security Deployment Program of CBP and expand the integrated surveillance and intrusion detection system at land ports of entry along the northern and southern borders of the United States.

(2) AUTHORIZATION OF APPROPRIATIONS.—In addition to amounts otherwise authorized to be appropriated for such purpose, there is authorized to be appropriated $33,000,000 for fiscal years 2022 and 2023 to carry out paragraph (1).

(c) Upgrade Of License Plate Readers At Ports Of Entry.—

(1) UPGRADE.—Not later than two years after the date of the enactment of this section, the Commissioner shall upgrade all existing license plate readers in need of upgrade, as determined by the Commissioner, on the northern and southern borders of the United States.

(2) AUTHORIZATION OF APPROPRIATIONS.—In addition to amounts otherwise authorized to be appropriated for such purpose, there is authorized to be appropriated $125,000,000 for fiscal years 2022 and 2023 to carry out paragraph (1).

(d) Biometric Exit Data System.—

(1) IN GENERAL.—Subtitle B of title IV of the Homeland Security Act of 2002 (6 U.S.C. 211 et seq.) is amended by adding at the end the following new section:

“SEC. 420. BIOMETRIC EXIT DATA SYSTEM.

“(a) Establishment.—The Secretary shall—

“(1) not later than 180 days after the date of the enactment of this section, submit to the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate an implementation plan to establish a biometric exit data system to complete the integrated biometric entry and exit data system required under section 7208 of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b), including—

“(A) an integrated master schedule and cost estimate, including requirements and design, development, operational, and maintenance costs of such a system, that takes into account prior reports on such matters issued by the Government Accountability Office and the Department;

“(B) cost-effective staffing and personnel requirements of such a system that leverages existing resources of the Department and takes into account prior reports on such matters issued by the Government Accountability Office and the Department;

“(C) a consideration of training programs necessary to establish such a system that takes into account prior reports on such matters issued by the Government Accountability Office and the Department;

“(D) a consideration of how such a system will affect arrival and departure wait times that takes into account prior reports on such matters issued by the Government Accountability Office and the Department;

“(E) a consideration of audit capability for systems procured in partnership with the private sector to achieve biometric exit;

“(F) information received after consultation with the private sector, including the—

“(i) trucking industry;

“(ii) airport industry;

“(iii) airline industry;

“(iv) seaport industry;

“(v) travel industry; and

“(vi) biometric technology industry;

“(G) a consideration of how trusted traveler programs in existence as of the date of the enactment of this section may be impacted by, or incorporated into, such a system;

“(H) defined metrics of success and milestones;

“(I) identified risks and mitigation strategies to address such risks;

“(J) a consideration of how other countries have implemented a biometric exit data system;

“(K) a consideration of stakeholder privacy concerns; and

“(L) a list of statutory, regulatory, or administrative authorities, if any, needed to integrate such a system into the operations of the Transportation Security Administration; and

“(2) not later than two years after the date of the enactment of this section, establish a biometric exit data system at—

“(A) the 15 United States airports that support the highest volume of international air travel, as determined by available Federal flight data;

“(B) the 10 United States seaports that support the highest volume of international sea travel, as determined by available Federal travel data; and

“(C) the 15 United States land ports of entry that support the highest volume of vehicle, pedestrian, and cargo crossings, as determined by available Federal border crossing data.

“(b) Implementation.—

“(1) PILOT PROGRAM AT LAND PORTS OF ENTRY.—Not later than six months after the date of the enactment of this section, the Secretary, in collaboration with industry stakeholders specified in subsection (a)(1)(F), shall establish a six-month pilot program to test the biometric exit data system referred to in subsection (a)(1) on nonpedestrian outbound traffic at not fewer than three land ports of entry with significant cross-border traffic, including at not fewer than two land ports of entry on the southern land border and at least one land port of entry on the northern land border. Such pilot program may include a consideration of more than one biometric mode, and shall be implemented to determine the following:

“(A) How a nationwide implementation of such biometric exit data system at land ports of entry shall be carried out.

“(B) The infrastructure required to carry out subparagraph (A).

“(C) The effects of such pilot program on—

“(i) legitimate travel and trade;

“(ii) wait times, including processing times, for such non-pedestrian traffic;

“(iii) combating terrorism; and

“(iv) identifying visa holders who violate the terms of their visas.

“(2) AT LAND PORTS OF ENTRY.—

“(A) IN GENERAL.—Not later than five years after the date of the enactment of this section, the Secretary shall expand to all land ports of entry the biometric exit data system established pursuant to subsection (a)(2).

“(B) EXTENSION.—The Secretary may extend for a single two-year period the date specified in subparagraph (A) if the Secretary certifies to the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate that the 15 land ports of entry that support the highest volume of vehicle, pedestrian, and cargo crossings, as determined by available Federal border crossing data, do not have the physical infrastructure or characteristics to install the systems necessary to implement a biometric exit data system. Such extension shall apply only in the case of nonpedestrian outbound traffic at such land ports of entry.

“(3) AT AIR AND SEA PORTS OF ENTRY.—Not later than five years after the date of the enactment of this section, the Secretary shall expand to all air and sea ports of entry the biometric exit data system referred to in subsection (a)(2).

“(c) Effects On Air, Sea, And Land Transportation.—The Secretary, in consultation with appropriate industry stakeholders, shall ensure that the collection of biometric data under this section causes the least possible disruption to the movement of people or cargo in air, sea, or land transportation, while fulfilling the goals of improving counterterrorism efforts and identifying visa holders who violate the terms of their visas.

“(d) Termination Of Proceeding.—Notwithstanding any other provision of law, the Secretary shall, on the date of the enactment of this section, terminate the proceeding entitled ‘Collection of Alien Biometric Data Upon Exit From the United States at Air and Sea Ports of Departure; United States Visitor and Immigrant Status Indicator Technology Program ( ‘US–VISIT’)’, issued on April 24, 2008 (73 Fed. Reg. 22065).

“(e) Data Matching.—The biometric exit data system established under this section shall—

“(1) match biometric information for an individual, regardless of nationality, citizenship, or immigration status, who is departing the United States against biometric data previously provided to the United States Government by such individual for the purposes of international travel;

“(2) leverage the infrastructure and databases of the current biometric entry and exit system established pursuant to section 7208 of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b) for the purpose described in paragraph (1); and

“(3) be interoperable with, and allow matching against, other Federal databases that—

“(A) store biometrics of known or suspected terrorists; and

“(B) identify visa holders who violate the terms of their visas.

“(f) Scope.—

“(1) IN GENERAL.—The biometric exit data system established under this section shall include a requirement for the collection of biometric exit data at the time of departure for all categories of individuals who are required by the Secretary to provide biometric entry data.

“(2) EXCEPTION FOR CERTAIN OTHER INDIVIDUALS.—This section shall not apply in the case of an individual who exits and then enters the United States on a passenger vessel (as such term is defined in section 2101 of title 46, United States Code) the itinerary of which originates and terminates in the United States.

“(3) EXCEPTION FOR LAND PORTS OF ENTRY.—This section shall not apply in the case of a United States or Canadian citizen who exits the United States through a land port of entry.

“(g) Collection Of Data.—The Secretary may not require any non-Federal person to collect biometric data, or contribute to the costs of collecting or administering the biometric exit data system established under this section, except through a mutual agreement.

“(h) Multimodal Collection.—In carrying out subsections (a)(1) and (b), the Secretary shall make every effort to collect biometric data using multiple modes of biometrics.

“(i) Facilities.—

“(1) IN GENERAL.—All facilities at which the biometric exit data system established under this section is implemented shall provide and maintain space for Federal use that is adequate to support biometric data collection and other inspection-related activity.

“(2) NON-FEDERAL FACILITIES.—With respect to each non-Federal facility at which the biometric exit data system is implemented pursuant to paragraph (1), the space required under such paragraph shall be provided and maintained at no cost to the Federal Government.

“(3) LAND PORTS OF ENTRY.—With respect to each facility at a land port of entry at which the biometric exit data system is implemented pursuant to paragraph (1), the space required under such paragraph shall be coordinated with the Administrator of General Services.

“(j) Northern Land Border.—With respect to the northern land border, the requirements under subsections (a)(2)(C), (b)(2)(A), and (b)(3) may be achieved through the sharing of biometric data provided to the Department by the Canadian Border Services Agency pursuant to the 2011 Beyond the Border agreement.

“(k) Full And Open Competition.—The Secretary shall procure goods and services to implement this section through full and open competition in accordance with the Federal Acquisition Regulation.

“(l) Other Biometric Initiatives.—Nothing in this section may be construed as limiting the authority of the Secretary to collect biometric information in circumstances other than as specified in this section.

“(m) Congressional Review.—Not later than 90 days after the date of the enactment of this section, the Secretary shall submit to the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate reports and recommendations regarding the Directorate of Science and Technology’s Air Entry and Exit Re-Engineering Program and the U.S. Customs and Border Protection entry and exit mobility program demonstrations.

“(n) Savings Clause.—Nothing in this section may prohibit the collection of user fees permitted by section 13031 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c).”.

(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $50,000,000 for each of fiscal years 2022 and 2023 to carry out section 420 of the Homeland Security Act of 2002, as added by this subsection.

(3) CLERICAL AMENDMENT.—The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 419 the following new item:


“Sec. 420. Biometric exit data system.”.

 

 

While no one is more sympathetic to the plight of Dreamers than I, I must insist on solid investment into our border security before we move forward on amnesty for Dreamers. We can't allow our compassion for those who were brought here young to become an irresistible draw for others to come in, break our laws, and flood our borders. These amendments will make solid investments in upgrading our border security, building new border barriers, and more. I think these amendments are mostly common-sense, and if the majority accepts them, we will have a great compromise bill that allows us to bring a solution to the millions of Dreamers across our country while also helping out border communities and their states. 

I yield. 

Christopher Drake

Republican, NY-2

Speaker of the United States House of Representatives

Former Chief Administrator - Rounds 4 & 5, Evil Arch-Conservative, Frequent Republican Player

 

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