CONGRESSIONAL RECORD—HOUSE H4870

CONGRESSIONAL RECORD — HOUSEH4870 September 29, 2023

THE JOURNAL

The SPEAKER pro tempore. Pursu-

ant to clause 8 of rule XX, the unfin-

ished business is the question on agree-

ing to the Speaker’s approval of the

Journal, which the Chair will put de

novo.

The question is on the Speaker’s ap-

proval of the Journal.

Pursuant to clause 1, rule I, the Jour-

nal stands approved.

EXPRESSING THE PROFOUND SOR-

ROW OF THE HOUSE OF REP-

RESENTATIVES ON THE DEATH

OF THE HONORABLE DIANNE

GOLDMAN BERMAN FEINSTEIN

Ms. PELOSI. Mr. Speaker, with deep

condolences and sympathy to Senator

EINSTEIN

’s daughter Katherine and

her granddaughter Eileen, and the en-

tire Feinstein family, I offer a privi-

leged bereavement resolution and ask

for its immediate consideration.

The Clerk read the resolution, as fol-

lows:

H. R

. 742

Resolved, That the House has heard with

profound sorrow of the death of the Honor-

able Dianne Goldman Berman Feinstein, a

Senator from the State of California.

Resolved, That the Clerk communicate

these resolutions to the Senate and transmit

a copy thereof to the family of the deceased.

Resolved, That when the House adjourns

today, it adjourn as a further mark of re-

spect to the memory of the deceased Sen-

ator.

The resolution was agreed to.

A motion to reconsider was laid on

the table.

CONTINUING APPROPRIATIONS

AND BORDER SECURITY EN-

HANCEMENT ACT, 2024

Mr. DIAZ-BALART. Mr. Speaker,

pursuant to House Resolution 741, I

call up the bill (H.R. 5525) making con-

tinuing appropriations for fiscal year

2024, and for other purposes, and ask

for its immediate consideration in the

House.

The Clerk read the title of the bill.

The SPEAKER pro tempore (Mr.

OST

). Pursuant to House Resolution

741, the amendments printed in House

Report 118–230 are adopted, and the

bill, as amended, is considered read.

The text of the bill is as follows:

H.R. 5525

Be it enacted by the Senate and House of Rep-

resentatives of the United States of America in

Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Spending

Reduction and Border Security Act’’.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as fol-

lows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. References.

DIVISION A—CONTINUING

APPROPRIATIONS ACT, 2024

DIVISION B—OTHER MATTERS

Sec. 101. Statutory PAYGO scorecards.

Sec. 102. Senate PAYGO scorecards.

Sec. 103. Classification of budgetary effects.

DIVISION C—BORDER SECURITY

Sec. 101. Definitions.

Sec. 102. Border wall construction.

Sec. 103. Strengthening the requirements for

barriers along the southern bor-

der.

Sec. 104. Border and port security tech-

nology investment plan.

Sec. 105. Border security technology pro-

gram management.

Sec. 106. U.S. Customs and Border Protec-

tion technology upgrades.

Sec. 107. U.S. Customs and Border Protec-

tion personnel.

Sec. 108. Anti-Border Corruption Act reau-

thorization.

Sec. 109. Establishment of workload staffing

models for U.S. Border Patrol

and Air and Marine Operations

of CBP.

Sec. 110. Operation Stonegarden.

Sec. 111. Air and Marine Operations flight

hours.

Sec. 112. Eradication of carrizo cane and salt

cedar.

Sec. 113. Border patrol strategic plan.

Sec. 114. U.S. Customs and Border Protec-

tion spiritual readiness.

Sec. 115. Restrictions on funding.

Sec. 116. Collection of DNA and biometric

information at the border.

Sec. 117. Eradication of narcotic drugs and

formulating effective new tools

to address yearly losses of life;

ensuring timely updates to U.S.

Customs and Border Protection

field manuals.

Sec. 118. Publication by U.S. Customs and

Border Protection of oper-

ational statistics.

Sec. 119. Alien criminal background checks.

Sec. 120. Prohibited identification docu-

ments at airport security

checkpoints; notification to im-

migration agencies.

Sec. 121. Prohibition against any COVID–19

vaccine mandate or adverse ac-

tion against DHS employees.

Sec. 122. CBP One app limitation.

Sec. 123. Report on Mexican drug cartels.

Sec. 124. GAO study on costs incurred by

States to secure the southwest

border.

Sec. 125. Report by Inspector General of the

Department of Homeland Secu-

rity.

Sec. 126. Offsetting authorizations of appro-

priations.

Sec. 127. Report to Congress on foreign ter-

rorist organizations.

Sec. 128. Assessment by Inspector General of

the Department of Homeland

Security on the mitigation of

unmanned aircraft systems at

the southwest border.

DIVISION D—IMMIGRATION

ENFORCEMENT AND FOREIGN AFFAIRS

TITLE I—ASYLUM REFORM AND BORDER

PROTECTION

Sec. 101. Safe third country.

Sec. 102. Credible fear interviews.

Sec. 103. Clarification of asylum eligibility.

Sec. 104. Exceptions.

Sec. 105. Employment authorization.

Sec. 106. Asylum fees.

Sec. 107. Rules for determining asylum eligi-

bility.

Sec. 108. Firm resettlement.

Sec. 109. Notice concerning frivolous asylum

applications.

Sec. 110. Technical amendments.

Sec. 111. Requirement for procedures relat-

ing to certain asylum applica-

tions.

TITLE II—BORDER SAFETY AND

MIGRANT PROTECTION

Sec. 201. Inspection of applicants for admis-

sion.

Sec. 202. Operational detention facilities.

TITLE III—PREVENTING UNCONTROLLED

MIGRATION FLOWS IN THE WESTERN

HEMISPHERE

Sec. 301. United States policy regarding

Western Hemisphere coopera-

tion on immigration and asy-

lum.

Sec. 302. Negotiations by Secretary of State.

Sec. 303. Mandatory briefings on United

States efforts to address the

border crisis.

TITLE IV—ENSURING UNITED FAMILIES

AT THE BORDER

Sec. 401. Clarification of standards for fam-

ily detention.

TITLE V—PROTECTION OF CHILDREN

Sec. 501. Findings.

Sec. 502. Repatriation of unaccompanied

alien children.

Sec. 503. Special immigrant juvenile status

for immigrants unable to re-

unite with either parent.

Sec. 504. Rule of construction.

TITLE VI—VISA OVERSTAYS PENALTIES

Sec. 601. Expanded penalties for illegal

entry or presence.

TITLE VII—IMMIGRATION PAROLE

REFORM

Sec. 701. Immigration parole reform.

Sec. 702. Implementation.

Sec. 703. Cause of action.

Sec. 704. Severability.

SEC. 3. REFERENCES.

Except as expressly provided otherwise,

any reference to ‘‘this Act’’ contained in any

division of this Act shall be treated as refer-

ring only to the provisions of that division.

DIVISION A—CONTINUING

APPROPRIATIONS ACT, 2024

The following sums are hereby appro-

priated, out of any money in the Treasury

not otherwise appropriated, and out of appli-

cable corporate or other revenues, receipts,

and funds, for the several departments, agen-

cies, corporations, and other organizational

units of Government for fiscal year 2024, and

for other purposes, namely:

. 101. (a) Such amounts as may be nec-

essary, at a rate for operations as provided

in the applicable appropriations Acts for fis-

cal year 2023 and under the authority and

conditions provided in such Acts, for con-

tinuing projects or activities (including the

costs of direct loans and loan guarantees)

that are not otherwise specifically provided

for in this Act, that were conducted in fiscal

year 2023, and for which appropriations,

funds, or other authority were made avail-

able in the following appropriations Acts:

(1) The Agriculture, Rural Development,

Food and Drug Administration, and Related

Agencies Appropriations Act, 2023 (division A

of Public Law 117–328).

(2) The Commerce, Justice, Science, and

Related Agencies Appropriations Act, 2023

(division B of Public Law 117–328).

(3) The Department of Defense Appropria-

tions Act, 2023 (division C of Public Law 117–

328).

(4) The Energy and Water Development and

Related Agencies Appropriations Act, 2023

(division D of Public Law 117–328), except the

first proviso under the heading ‘‘Department

of Energy—Energy Programs—SPR Petro-

leum Account’’.

(5) The Financial Services and General

Government Appropriations Act, 2023 (divi-

sion E of Public Law 117–328).

(6) The Department of Homeland Security

Appropriations Act, 2023 (division F of Public

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CONGRESSIONAL RECORD — HOUSE H4871 September 29, 2023

Law 117–328), including title III of division O

of Public Law 117–328.

(7) The Department of the Interior, Envi-

ronment, and Related Agencies Appropria-

tions Act, 2023 (division G of Public Law 117–

328).

(8) The Departments of Labor, Health and

Human Services, and Education, and Related

Agencies Appropriations Act, 2023 (division H

of Public Law 117–328).

(9) The Legislative Branch Appropriations

Act, 2023 (division I of Public Law 117–328).

(10) The Military Construction, Veterans

Affairs, and Related Agencies Appropriations

Act, 2023 (division J of Public Law 117–328).

(11) The Department of State, Foreign Op-

erations, and Related Programs Appropria-

tions Act, 2023 (division K of Public Law 117–

328).

(12) The Transportation, Housing and

Urban Development, and Related Agencies

Appropriations Act, 2023 (division L of Public

Law 117–328).

(b) The rate for operations provided by sub-

section (a) is hereby reduced by 29.88565 per-

cent, so that the total amount of annualized

discretionary budget authority for fiscal

year 2024 is equal to $1,470,979,000,000: Pro-

vided, That the reduction in this subsection

shall not apply to the rate for operations

provided for the national defense budget

function (050), the Department of Veterans

Affairs, the Department of Homeland Secu-

rity, or amounts designated as being for dis-

aster relief pursuant to section 251(b)(2)(D) of

the Balanced Budget and Emergency Deficit

Control Act of 1985.

. 102. (a) No appropriation or funds

made available or authority granted pursu-

ant to section 101 for the Department of De-

fense shall be used for:

(1) the new production of items not funded

for production in fiscal year 2023 or prior

years;

(2) the increase in production rates above

those sustained with fiscal year 2023 funds;

(3) the initiation, resumption, or continu-

ation of any project, activity, operation, or

organization (defined as any project, sub-

project, activity, budget activity, program

element, and subprogram within a program

element, and for any investment items de-

fined as a P–1 line item in a budget activity

within an appropriation account and an R–1

line item that includes a program element

and subprogram element within an appro-

priation account) for which appropriations,

funds, or other authority were not available

during fiscal year 2023.

(b) No appropriation or funds made avail-

able or authority granted pursuant to sec-

tion 101 for the Department of Defense shall

be used to initiate multi-year procurements

utilizing advance procurement funding for

economic order quantity procurement unless

specifically appropriated later.

. 103. Appropriations made by section

101 shall be available to the extent and in the

manner that would be provided by the perti-

nent appropriations Act.

. 104. Except as otherwise provided in

section 102, no appropriation or funds made

available or authority granted pursuant to

section 101 shall be used to initiate or re-

sume any project or activity for which ap-

propriations, funds, or other authority were

not available during fiscal year 2023.

. 105. Appropriations made and author-

ity granted pursuant to this Act shall cover

all obligations or expenditures incurred for

any project or activity during the period for

which funds or authority for such project or

activity are available under this Act.

. 106. Unless otherwise provided for in

this Act or in the applicable appropriations

Act for fiscal year 2024, appropriations and

funds made available and authority granted

pursuant to this Act shall be available until

whichever of the following first occurs:

(1) The enactment into law of an appro-

priation for any project or activity provided

for in this Act.

(2) The enactment into law of the applica-

ble appropriations Act for fiscal year 2024

without any provision for such project or ac-

tivity.

(3) October 31, 2023.

. 107. Expenditures made pursuant to

this Act shall be charged to the applicable

appropriation, fund, or authorization when-

ever a bill in which such applicable appro-

priation, fund, or authorization is contained

is enacted into law.

. 108. Appropriations made and funds

made available by or authority granted pur-

suant to this Act may be used without re-

gard to the time limitations for submission

and approval of apportionments set forth in

section 1513 of title 31, United States Code,

but nothing in this Act may be construed to

waive any other provision of law governing

the apportionment of funds.

. 109. Notwithstanding any other provi-

sion of this Act, except section 106, for those

programs that would otherwise have high

initial rates of operation or complete dis-

tribution of appropriations at the beginning

of fiscal year 2024 because of distributions of

funding to States, foreign countries, grant-

ees, or others, such high initial rates of oper-

ation or complete distribution shall not be

made, and no grants shall be awarded for

such programs funded by this Act that would

impinge on final funding prerogatives.

. 110. This Act shall be implemented so

that only the most limited funding action of

that permitted in the Act shall be taken in

order to provide for continuation of projects

and activities.

. 111. (a) For entitlements and other

mandatory payments whose budget author-

ity was provided in appropriations Acts for

fiscal year 2023, and for activities under the

Food and Nutrition Act of 2008, activities

shall be continued at the rate to maintain

program levels under current law, under the

authority and conditions provided in the ap-

plicable appropriations Act for fiscal year

2023, to be continued through the date speci-

fied in section 106(3).

(b) Notwithstanding section 106, obliga-

tions for mandatory payments due on or

about the first day of any month that begins

after October 2023 but not later than 30 days

after the date specified in section 106(3) may

continue to be made, and funds shall be

available for such payments.

. 112. Amounts made available under

section 101 for civilian personnel compensa-

tion and benefits in each department and

agency may be apportioned up to the rate for

operations necessary to avoid furloughs

within such department or agency, con-

sistent with the applicable appropriations

Act for fiscal year 2023, except that such au-

thority provided under this section shall not

be used until after the department or agency

has taken all necessary actions to reduce or

defer non-personnel-related administrative

expenses.

. 113. Funds appropriated by this Act

may be obligated and expended notwith-

standing section 10 of Public Law 91–672 (22

U.S.C. 2412), section 15 of the State Depart-

ment Basic Authorities Act of 1956 (22 U.S.C.

2680), section 313 of the Foreign Relations

Authorization Act, Fiscal Years 1994 and 1995

(22 U.S.C. 6212), and section 504(a)(1) of the

National Security Act of 1947 (50 U.S.C.

3094(a)(1)).

. 114. (a) Each amount incorporated by

reference in this Act that was previously

designated by the Congress as an emergency

requirement pursuant to section 4001(a)(1) of

S. Con. Res. 14 (117th Congress), the concur-

rent resolution on the budget for fiscal year

2022, and section 1(e) of H. Res. 1151 (117th

Congress), as engrossed in the House of Rep-

resentatives on June 8, 2022, is designated by

the Congress as an emergency requirement

pursuant to section 251(b)(2)(A) of the Bal-

anced Budget and Emergency Deficit Control

Act of 1985.

(b) Each amount incorporated by reference

in this Act that was previously designated as

being for disaster relief pursuant to a con-

current resolution on the budget in the Sen-

ate and section 1(f) of H. Res. 1151 (117th Con-

gress), as engrossed in the House of Rep-

resentatives on June 8, 2022, is designated by

the Congress as being for disaster relief pur-

suant to section 251(b)(2)(D) of such Act.

mediately upon enactment of this Act, and

shall remain in effect through the date in

section 106(3).

. 115. (a) Rescissions or cancellations of

discretionary budget authority that con-

tinue pursuant to section 101 in Treasury Ap-

propriations Fund Symbols (TAFS)—

(1) to which other appropriations are not

provided by this Act, but for which there is

a current applicable TAFS that does receive

an appropriation in this Act; or

(2) which are no-year TAFS and receive

other appropriations in this Act,

may be continued instead by reducing the

rate for operations otherwise provided by

section 101 for such current applicable TAFS,

as long as doing so does not impinge on the

final funding prerogatives of the Congress.

(b) Rescissions or cancellations described

in subsection (a) shall continue in an amount

equal to the lesser of—

(1) the amount specified for rescission or

cancellation in the applicable appropriations

Act referenced in section 101 of this Act; or

(2) the amount of balances available, as of

October 1, 2023, from the funds specified for

rescission or cancellation in the applicable

appropriations Act referenced in section 101

of this Act.

rector of the Office of Management and

Budget shall provide to the Committees on

Appropriations of the House of Representa-

tives and the Senate a comprehensive list of

the rescissions or cancellations that will

continue pursuant to section 101: Provided,

That the information in such comprehensive

list shall be periodically updated to reflect

any subsequent changes in the amount of

balances available, as of October 1, 2023, from

the funds specified for rescission or cancella-

tion in the applicable appropriations Act ref-

erenced in section 101, and such updates shall

be transmitted to the Committees on Appro-

priations of the House of Representatives

and the Senate upon request.

. 116. Amounts made available by sec-

tion 101 for ‘‘Farm Service Agency—Agricul-

tural Credit Insurance Fund Program Ac-

count’’ may be apportioned up to the rate for

operations necessary to accommodate ap-

proved applications for direct and guaran-

teed farm ownership loans, as authorized by

7 U.S.C. 1922 et seq.

. 117. Amounts made available by sec-

tion 101 to the Department of Agriculture for

‘‘Rural Housing Service—Rental Assistance

Program’’ may be apportioned up to the rate

for operations necessary to maintain activi-

ties as authorized by section 521(a)(2) of the

Housing Act of 1949.

. 118. Section 260 of the Agricultural

Marketing Act of 1946 (7 U.S.C. 1636i) and

section 942 of the Livestock Mandatory Re-

porting Act of 1999 (7 U.S.C. 1635 note; Public

Law 106–78) shall be applied by substituting

the date specified in section 106(3) of this Act

for ‘‘September 30, 2023’’.

. 119. Notwithstanding sections 102 and

104 of this Act, amounts made available by

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CONGRESSIONAL RECORD — HOUSEH4872 September 29, 2023

section 101(3) for the Department of Defense

may be apportioned up to the rate for oper-

ations necessary to facilitate the programs

and activities set forth in H.R. 4365, the De-

partment of Defense Appropriations Act,

2024, reported by the House Committee on

Appropriations on June 27, 2023, subject to

the terms and conditions therein.

. 120. Notwithstanding sections 102 and

104 of this Act, amounts made available by

section 101 to the Department of Defense for

‘‘Shipbuilding and Conversion, Navy’’ shall

be available for the procurement of one Co-

lumbia Class Submarine.

. 121. During the period covered by this

Act, section 714(b)(2)(B) of title 10, United

States Code, shall be applied by substituting

‘‘four years’’ for ‘‘two years’’.

. 122. In addition to amounts otherwise

provided by section 101, amounts are pro-

vided for ‘‘Department of Energy—Energy

Programs—Nuclear Energy’’ at a rate for op-

erations of $220,000,000: Provided, That

amounts are provided for necessary expenses

related to Risk Reduction for Future Dem-

onstrations at a rate for operations of

$120,000,000 and Advanced Nuclear Fuel

Availability at a rate for operations of

$100,000,000.

. 123. Amounts made available by sec-

tion 101 for ‘‘Small Business Administra-

tion—Business Loans Program Account’’

may be apportioned up to the rate for oper-

ations necessary to accommodate increased

demand for commitments for general busi-

ness loans authorized under paragraphs (1)

through (35) of section 7(a) of the Small Busi-

ness Act (15 U.S.C. 636(a)), for commitments

to guarantee trust certificates authorized by

section 5(g) of the Small Business Act (15

U.S.C. 634(g)), for commitments to guarantee

loans under section 503 of the Small Business

Investment Act of 1958 (15 U.S.C. 697), and for

commitments to guarantee loans for deben-

tures under section 303(b) of the Small Busi-

ness Investment Act of 1958 (15 U.S.C. 683(b)).

. 124. Notwithstanding any other provi-

sion of this Act, except section 106, the Dis-

trict of Columbia may expend local funds

made available under the heading ‘‘District

of Columbia—District of Columbia Funds’’

for such programs and activities under the

District of Columbia Appropriations Act,

2023 (title IV of division E of Public Law 117–

328) at the rate set forth in the Fiscal Year

2024 Local Budget Act of 2023 (D.C. Bill 25–

161), as modified as of the date of enactment

of this Act.

. 125. Amounts made available by sec-

tion 101 to the Department of Homeland Se-

curity under the heading ‘‘Federal Emer-

gency Management Agency—Disaster Relief

Fund’’ may be apportioned up to the rate for

operations necessary to carry out response

and recovery activities under the Robert T.

Stafford Disaster Relief and Emergency As-

sistance Act (42 U.S.C. 5121 et seq.).

. 126. Amounts provided by section 101

shall not be made available to utilize the

U.S. Customs and Border Protection CBP

One Application, or any successor applica-

tion, to facilitate the parole of any alien into

the United States.

. 127. (a) Amounts provided by section

101 shall not be made available to transport

aliens unlawfully present in, paroled into, or

inadmissible to the United States into the

interior of the United States for purposes

other than enforcement of the immigration

laws (as such term is defined in section 101 of

the Immigration and Nationality Act (8

U.S.C. 1101)).

(b) The limitation under subsection (a)

shall not apply with respect to amounts

made available to transport unaccompanied

alien children (as such term is defined in sec-

tion 462 of the Homeland Security Act of 2002

(6 U.S.C. 279)).

. 128. Amounts provided by section 101

shall not be made available to issue any em-

ployment authorization document or similar

document to any alien whose application for

asylum in the United States has been denied,

or who is convicted of a Federal or State

crime while his or her application for asylum

in the United States is pending.

. 129. Amounts provided by section 101

shall not be made available to obligate, ex-

pend, or transfer to another Federal agency,

board, or commission to be used to dis-

mantle, demolish, remove, or damage exist-

ing United States-Mexico physical barriers

at any location where such barriers have

been constructed as of the date of enactment

of this Act unless such barrier is simulta-

neously being repaired or replaced.

. 130. Amounts provided by section 101

shall not be made available to implement,

administer, or otherwise carry out the ac-

tivities and policies described in the memo-

randum issued by the Secretary of Homeland

Security on September 30, 2021, entitled

‘‘Guidelines for the Enforcement of Civil Im-

migration Law’’ or described in the memo-

randum issued by Kerry Doyle, Immigration

and Customs Enforcement Principal Legal

Advisor on April 3, 2022, entitled ‘‘Guidance

to OPLA Attorneys Regarding the Enforce-

ment of Civil Immigration Laws and the Ex-

ercise of 20 Prosecutorial Discretion’’ or any

successor or similar memorandum or policy.

. 131. Amounts provided by section 101

shall not be made available to implement,

administer, or otherwise carry out the poli-

cies described in the directive issued by the

Acting Commissioner of U.S. Customs and

Border Protection on January 10, 2023, enti-

tled ‘‘Emergency Driving and Vehicular Pur-

suits’’.

. 132. Amounts provided by section 101

shall not be made available to implement,

administer, or enforce the rule entitled

‘‘Procedures or Credible Fear Screening and

Consideration of Asylum, Withholding of Re-

moval, and CAT Protection Claims by Asy-

lum Officers’’ (87 Fed. Reg. 18078).

. 133. Amounts provided by section 101

shall not be made available to release (in-

cluding pursuant to parole or release pursu-

ant to section 236(a) of the Immigration and

Nationality Act but excluding as expressly

authorized pursuant to section 212(d)(5)) an

alien described in section 235(b)(1)(A)(i)–(ii),

(b)(1)(B), or (b)(2), other than to be removed,

including to a country described in section

208(a)(2)(A), or returned to a country as de-

scribed in section 235(b)(3).

. 134. Amounts provided by section 101

shall not be made available to implement,

administer, or enforce the rule related to

‘‘Circumvention of Lawful Pathways’’ (88

Fed. Reg. 11704).

. 135. (a) Sections 1309(a) and 1319 of the

National Flood Insurance Act of 1968 (42

U.S.C. 4016(a) and 4026) shall be applied by

substituting the date specified in section

106(3) of this Act for ‘‘September 30, 2023’’.

(b)(1) Subject to paragraph (2), this section

shall become effective immediately upon en-

actment of this Act.

(2) If this Act is enacted after September

30, 2023, this section shall be applied as if it

were in effect on September 30, 2023.

. 136. (a) Of the amounts made available

pursuant to section 40803(c)(2) of Public Law

117–58, the Secretary of Agriculture shall

transfer to the Secretary of the Interior such

sums as are necessary to continue without

interruption the Federal wildland firefighter

base salary increase provided under Section

40803(d)(4)(B) of such Public Law.

(b) In carrying out subsection (a), the Sec-

retary of Agriculture—

(1) may make more than one transfer of

funds under this section; and

(2) may not transfer a total amount of

funds greater than $17,250,000.

section may be obligated without prior writ-

ten notification, to the Committees on Ap-

propriations of the House of Representatives

and the Senate, of the date of the transfer,

the total amount to be transferred, and the

remaining funds available for transfer.

. 137. Notwithstanding section 101, sec-

tion 126 of Division J of Public Law 117–328

shall be applied during the period covered by

this Act by substituting ‘‘fiscal year 2017, fis-

cal year 2018, and fiscal year 2019’’ for ‘‘fiscal

year 2017 and fiscal year 2018’’.

This division may be cited as the ‘‘Con-

tinuing Appropriations Act, 2024’’.

DIVISION B—OTHER MATTERS

SEC. 101. STATUTORY PAYGO SCORECARDS.

The budgetary effects of this division and

each succeeding division shall not be entered

on either PAYGO scorecard maintained pur-

suant to section 4(d) of the Statutory Pay-

As-You-Go Act of 2010.

SEC. 102. SENATE PAYGO SCORECARDS.

The budgetary effects of this division and

each succeeding division shall not be entered

on any PAYGO scorecard maintained for

purposes of section 4106 of H. Con. Res. 71

(115th Congress).

SEC. 103. CLASSIFICATION OF BUDGETARY EF-

FECTS.

Notwithstanding Rule 3 of the Budget

Scorekeeping Guidelines set forth in the

joint explanatory statement of the com-

mittee of conference accompanying Con-

ference Report 105–217 and section 250(c)(8) of

the Balanced Budget and Emergency Deficit

Control Act of 1985, the budgetary effects of

this division and each succeeding division

shall not be estimated—

(1) for purposes of section 251 of such Act;

(2) for purposes of an allocation to the

Committee on Appropriations pursuant to

section 302(a) of the Congressional Budget

Act of 1974; and

(3) for purposes of paragraph (4)(C) of sec-

tion 3 of the Statutory Pay-As-You-Go Act

of 2010 as being included in an appropriation

Act.

DIVISION C—BORDER SECURITY

SEC. 101. DEFINITIONS.

In this division:

(1) CBP.—The term ‘‘CBP’’ means U.S. Cus-

toms and Border Protection.

(2) C

OMMISSIONER

.—The term ‘‘Commis-

sioner’’ means the Commissioner of U.S. Cus-

toms and Border Protection.

(3) D

EPARTMENT

.—The term ‘‘Department’’

means the Department of Homeland Secu-

rity.

(4) O

PERATIONAL CONTROL

.—The term

‘‘operational control’’ has the meaning given

such term in section 2(b) of the Secure Fence

Act of 2006 (Public Law 109–367; 8 U.S.C. 1701

note).

(5) S

ECRETARY

.—The term ‘‘Secretary’’

means the Secretary of Homeland Security.

(6) S

ITUATIONAL AWARENESS

.—The term

‘‘situational awareness’’ has the meaning

given such term in section 1092(a)(7) of the

National Defense Authorization Act for Fis-

cal Year 2017 (Public Law 114–328; 6 U.S.C.

223(a)(7)).

(7) U

NMANNED AIRCRAFT SYSTEM

.—The term

‘‘unmanned aircraft system’’ has the mean-

ing given such term in section 44801 of title

49, United States Code.

SEC. 102. BORDER WALL CONSTRUCTION.

(a) I

ENERAL

.—

(1) I

MMEDIATE RESUMPTION OF BORDER WALL

CONSTRUCTION

.—Not later than seven days

after the date of the enactment of this Act,

the Secretary shall resume all activities re-

lated to the construction of the border wall

along the border between the United States

and Mexico that were underway or being

planned for prior to January 20, 2021.

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CONGRESSIONAL RECORD — HOUSE H4873 September 29, 2023

(2) U

SE OF FUNDS

.—To carry out this sec-

tion, the Secretary shall expend all unex-

pired funds appropriated or explicitly obli-

gated for the construction of the border wall

that were appropriated or obligated, as the

case may be, for use beginning on October 1,

2019.

(3) U

SE OF MATERIALS

.—Any unused mate-

rials purchased before the date of the enact-

ment of this Act for construction of the bor-

der wall may be used for activities related to

the construction of the border wall in ac-

cordance with paragraph (1).

(b) P

LAN

OMPLETE

ACTICAL

NFRA

STRUCTURE AND

ECHNOLOGY

.—Not later than

90 days after the date of the enactment of

this Act and annually thereafter until con-

struction of the border wall has been com-

pleted, the Secretary shall submit to the ap-

propriate congressional committees an im-

plementation plan, including annual bench-

marks for the construction of 200 miles of

such wall and associated cost estimates for

satisfying all requirements of the construc-

tion of the border wall, including installa-

tion and deployment of tactical infrastruc-

ture, technology, and other elements as iden-

tified by the Department prior to January

20, 2021, through the expenditure of funds ap-

propriated or explicitly obligated, as the

case may be, for use, as well as any future

funds appropriated or otherwise made avail-

able by Congress.

EFINITIONS

.—In this section:

(1) A

PPROPRIATE CONGRESSIONAL COMMIT

TEES

.—The term ‘‘appropriate congressional

committees’’ means the Committee on

Homeland Security and the Committee on

Appropriations of the House of Representa-

tives and the Committee on Homeland Secu-

rity and Governmental Affairs and the Com-

mittee on Appropriations of the Senate.

(2) T

ACTICAL INFRASTRUCTURE

.—The term

‘‘tactical infrastructure’’ includes boat

ramps, access gates, checkpoints, lighting,

and roads associated with a border wall.

(3) T

ECHNOLOGY

.—The term ‘‘technology’’

includes border surveillance and detection

technology, including linear ground detec-

tion systems, associated with a border wall.

SEC. 103. STRENGTHENING THE REQUIREMENTS

FOR BARRIERS ALONG THE SOUTH-

ERN BORDER.

Section 102 of the Illegal Immigration Re-

form 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) I

ENERAL

.—The Secretary of Home-

land Security shall take such actions as may

be necessary (including the removal of obsta-

cles to detection of illegal entrants) to de-

sign, test, construct, install, deploy, inte-

grate, and operate physical barriers, tactical

infrastructure, and technology in the vicin-

ity of the southwest border to achieve situa-

tional awareness and operational control of

the southwest border and deter, impede, and

detect unlawful activity.’’;

(2) in subsection (b)—

(A) in the subsection heading, by striking

‘‘F

ENCING AND

OAD

MPROVEMENTS

’’ and in-

serting ‘‘P

HYSICAL

ARRIERS

’’;

(B) in paragraph (1)—

(i) in the heading, by striking ‘‘

FENCING

’’

and inserting ‘‘

BARRIERS

’’;

(ii) by amending subparagraph (A) to read

as follows:

‘‘(A) R

EINFORCED BARRIERS

.—In carrying

out this section, the Secretary of Homeland

Security shall construct a border wall, in-

cluding physical barriers, tactical infra-

structure, and technology, along not fewer

than 900 miles of the southwest border until

situational awareness and operational con-

trol of the southwest border is achieved.’’;

(iii) by amending subparagraph (B) to read

as follows:

‘‘(B) P

HYSICAL BARRIERS AND TACTICAL IN

FRASTRUCTURE

.—In carrying out this section,

the Secretary of Homeland Security shall de-

ploy along the southwest border the most

practical and effective physical barriers, tac-

tical infrastructure, and technology avail-

able for achieving situational awareness and

operational control of the southwest bor-

der.’’;

(iv) in subparagraph (C)—

(I) by amending clause (i) to read as fol-

lows:

‘‘(i) I

N GENERAL

.—In carrying out this sec-

tion, the Secretary of Homeland Security

shall consult with the Secretary of the Inte-

rior, the Secretary of Agriculture, appro-

priate representatives of State, Tribal, and

local governments, and appropriate private

property owners in the United States to min-

imize the impact on natural resources, com-

merce, and sites of historical or cultural sig-

nificance for the communities and residents

located near the sites at which physical bar-

riers, tactical infrastructure, and technology

are to be constructed. Such consultation

may not delay such construction for longer

than seven days.’’; and

(II) in clause (ii)—

(aa) in subclause (I), by striking ‘‘or’’ after

the semicolon at the end;

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

follows:

‘‘(II) delay the transfer to the United

States of the possession of property or affect

the validity of any property acquisition by

the United States by purchase or eminent

domain, or to otherwise affect the eminent

domain laws of the United States or of any

State; or’’; and

(cc) by adding at the end the following new

subclause:

‘‘(III) create any right or liability for any

party.’’; and

(v) by striking subparagraph (D);

(i) by striking ‘‘Attorney General’’ and in-

serting ‘‘Secretary of Homeland Security’’;

(ii) by striking ‘‘this subsection’’ and in-

serting ‘‘this section’’; and

(iii) by striking ‘‘construction of fences’’

and inserting ‘‘the construction of physical

barriers, tactical infrastructure, and tech-

nology’’;

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

follows:

‘‘(3) A

GENT SAFETY

.—In carrying out this

section, the Secretary of Homeland Security,

when designing, testing, constructing, in-

stalling, deploying, integrating, and oper-

ating physical barriers, tactical infrastruc-

ture, or technology, shall incorporate such

safety features into such design, test, con-

struction, installation, deployment, integra-

tion, or operation of such physical barriers,

tactical infrastructure, or technology, as the

case may be, that the Secretary determines

are necessary to maximize the safety and ef-

fectiveness of officers and agents of the De-

partment of Homeland Security or of any

other Federal agency deployed in the vicin-

ity of such physical barriers, tactical infra-

structure, or technology.’’; and

(E) in paragraph (4), by striking ‘‘this sub-

section’’ and inserting ‘‘this section’’;

(3) in subsection (c)—

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

follows:

‘‘(1) I

N GENERAL

.—Notwithstanding any

other provision of law, the Secretary of

Homeland Security shall waive all legal re-

quirements necessary to ensure the expedi-

tious design, testing, construction, installa-

tion, deployment, integration, operation,

and maintenance of the physical barriers,

tactical infrastructure, and technology

under this section. The Secretary shall en-

sure the maintenance and effectiveness of

such physical barriers, tactical infrastruc-

ture, or technology. Any such action by the

Secretary shall be effective upon publication

in the Federal Register.’’;

(B) by redesignating paragraph (2) as para-

graph (3); and

lowing new paragraph:

‘‘(2) N

OTIFICATION

.—Not later than seven

days after the date on which the Secretary of

Homeland Security exercises a waiver pursu-

ant to paragraph (1), the Secretary shall no-

tify the Committee on Homeland Security of

the House of Representatives and the Com-

mittee on Homeland Security and Govern-

mental Affairs of the Senate of such waiv-

er.’’; and

(4) by adding at the end the following new

subsections:

‘‘(e) T

ECHNOLOGY

.—In carrying out this

section, the Secretary of Homeland Security

shall deploy along the southwest border the

most practical and effective technology

available for achieving situational awareness

and operational control.

‘‘(f) D

EFINITIONS

.—In this section:

‘‘(1) A

DVANCED UNATTENDED SURVEILLANCE

SENSORS

.—The term ‘advanced unattended

surveillance sensors’ means sensors that uti-

lize an onboard computer to analyze detec-

tions in an effort to discern between vehi-

cles, humans, and animals, and ultimately

filter false positives prior to transmission.

‘‘(2) O

PERATIONAL CONTROL

.—The term

‘operational control’ has the meaning given

such term in section 2(b) of the Secure Fence

Act of 2006 (Public Law 109–367; 8 U.S.C. 1701

note).

‘‘(3) P

HYSICAL BARRIERS

.—The term ‘phys-

ical barriers’ includes reinforced fencing, the

border wall, and levee walls.

‘‘(4) S

ITUATIONAL AWARENESS

.—The term

‘situational awareness’ has the meaning

given such term in section 1092(a)(7) of the

National Defense Authorization Act for Fis-

cal Year 2017 (Public Law 114–328; 6 U.S.C.

223(a)(7)).

‘‘(5) T

ACTICAL INFRASTRUCTURE

.—The term

‘tactical infrastructure’ includes boat ramps,

access gates, checkpoints, lighting, and

roads.

‘‘(6) T

ECHNOLOGY

.—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 detec-

tion and ranging border tunneling detection

technology.

‘‘(E) Advanced unattended surveillance

sensors.

‘‘(F) Mobile vehicle-mounted and man-

portable surveillance capabilities.

‘‘(G) Unmanned aircraft systems.

‘‘(H) Tunnel detection systems and other

seismic technology.

‘‘(I) Fiber-optic cable.

‘‘(J) Other border detection, communica-

tion, and surveillance technology.

‘‘(7) U

NMANNED AIRCRAFT SYSTEM

.—The

term ‘unmanned aircraft system’ has the

meaning given such term in section 44801 of

title 49, United States Code.’’.

SEC. 104. BORDER AND PORT SECURITY TECH-

NOLOGY INVESTMENT PLAN.

(a) I

ENERAL

.—Not later than 180 days

after the date of the enactment of this Act,

the Commissioner, in consultation with cov-

ered officials and border and port security

technology stakeholders, shall submit to the

appropriate congressional committees a

strategic 5-year technology investment plan

(in this section referred to as the ‘‘plan’’).

The plan may include a classified annex, if

appropriate.

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CONGRESSIONAL RECORD — HOUSEH4874 September 29, 2023

(b) C

ONTENTS OF

LAN

.—The plan shall in-

clude the following:

(1) An analysis of security risks at and be-

tween ports of entry along the northern and

southern borders of the United States.

(2) An identification of capability gaps

with respect to security at and between such

ports of entry to be mitigated in order to—

(A) prevent terrorists and instruments of

terror from entering the United States;

(B) combat and reduce cross-border crimi-

nal activity, including—

(i) the transport of illegal goods, such as il-

licit drugs; and

(ii) human smuggling and human traf-

ficking; and

the southwest border.

(3) An analysis of current and forecast

trends relating to the number of aliens

who—

(A) unlawfully entered the United States

by crossing the northern or southern border

of the United States; or

(B) are unlawfully present in the United

States.

(4) A description of security-related tech-

nology acquisitions, to be listed in order of

priority, to address the security risks and

capability gaps analyzed and identified pur-

suant to paragraphs (1) and (2), respectively.

(5) A description of each planned security-

related technology program, including objec-

tives, goals, and timelines for each such pro-

gram.

(6) An identification of each deployed secu-

rity-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, in-

cluding target methodologies, rationales,

and timelines, necessary to support the ac-

quisition of security-related technologies

pursuant to paragraph (4).

(8) An identification and assessment of

ways to increase opportunities for commu-

nication and collaboration with the private

sector, small and disadvantaged businesses,

intragovernment entities, university centers

of excellence, and federal laboratories to en-

sure CBP is able to engage with the market

for security-related technologies that are

available to satisfy its mission needs before

engaging in an acquisition of a security-re-

lated technology.

(9) An assessment of the management of

planned security-related technology pro-

grams 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, re-

quired to protect security-related tech-

nology from physical or cyber theft, diver-

sion, sabotage, or attack.

(12) A description of initiatives to—

(A) streamline the acquisition process of

CBP; and

(B) provide to the private sector greater

predictability and transparency with respect

to such process, including information relat-

ing to the timeline for testing and evalua-

tion of security-related technology.

(13) An assessment of the privacy and secu-

rity impact on border communities of secu-

rity-related technology.

(14) In the case of a new acquisition leading

to the removal of equipment from a port of

entry along the northern or southern border

of the United States, a strategy to consult

with the private sector and community

stakeholders affected by such removal.

(15) A strategy to consult with the private

sector and community stakeholders with re-

spect to security impacts at a port of entry

described in paragraph (14).

(16) An identification of recent techno-

logical advancements in the following:

(A) Manned aircraft sensor, communica-

tion, and common operating picture tech-

nology.

(B) Unmanned aerial systems and related

technology, including counter-unmanned

aerial system technology.

following:

(i) Mobile surveillance vehicles.

(ii) Associated electronics, including cam-

eras, sensor technology, and radar.

(iii) Tower-based surveillance technology.

(iv) Advanced unattended surveillance sen-

sors.

(v) Deployable, lighter-than-air, ground

surveillance equipment.

(D) Nonintrusive inspection technology, in-

cluding non-x-ray devices utilizing muon to-

mography and other advanced detection

technology.

(E) Tunnel detection technology.

(F) Communications equipment, including

the following:

(i) Radios.

(ii) Long-term evolution broadband.

(iii) Miniature satellites.

EVERAGING THE

RIVATE

ECTOR

.—To

the extent practicable, the plan shall—

(1) leverage emerging technological capa-

bilities, and research and development

trends, within the public and private sectors;

(2) incorporate input from the private sec-

tor, including from border and port security

stakeholders, through requests for informa-

tion, industry day events, and other innova-

tive means consistent with the Federal Ac-

quisition 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) F

ORM

.—To the extent practicable, the

plan shall be published in unclassified form

on the website of the Department.

(e) D

ISCLOSURE

.—The plan shall include an

identification of individuals not employed by

the Federal Government, and their profes-

sional affiliations, who contributed to the

development of the plan.

(f) U

PDATE AND

EPORT

.—Not later than

the date that is two years after the date on

which the plan is submitted to the appro-

priate 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-re-

lated 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 pro-

grams and projects described pursuant to

subsection (b)(5); and

(B) the type of contract and the reason for

acquiring each such security-related tech-

nology.

(g) D

EFINITIONS

.—In this section:

(1) A

PPROPRIATE CONGRESSIONAL COMMIT

TEES

.—The term ‘‘appropriate congressional

committees’’ means—

(A) the Committee on Homeland Security

and the Committee on Appropriations of the

House of Representatives; and

(B) the Committee on Homeland Security

and Governmental Affairs and the Com-

mittee on Appropriations of the Senate.

(2) C

OVERED 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

partment.

(3) U

NLAWFULLY PRESENT

.—The term ‘‘un-

lawfully present’’ has the meaning provided

such term in section 212(a)(9)(B)(ii) of the

Immigration and Nationality Act (8 U.S.C.

1182(a)(9)(B)(ii)).

SEC. 105. BORDER SECURITY TECHNOLOGY PRO-

GRAM MANAGEMENT.

(a) I

ENERAL

.—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 PRO-

GRAM MANAGEMENT.

‘‘(a) M

AJOR

CQUISITION

ROGRAM

FINED

.—In this section, the term ‘major ac-

quisition program’ means an acquisition pro-

gram of the Department that is estimated by

the Secretary to require an eventual total

expenditure of at least $100,000,000 (based on

fiscal year 2023 constant dollars) over its life-

cycle cost.

‘‘(b) P

LANNING

OCUMENTATION

.—For each

border security technology acquisition pro-

gram of the Department that is determined

to be a major acquisition program, the Sec-

retary shall—

‘‘(1) ensure that each such program has a

written acquisition program baseline ap-

proved 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 ac-

quisition policies and the Federal Acquisi-

tion Regulation; and

‘‘(3) have a plan for satisfying program im-

plementation objectives by managing con-

tractor performance.

‘‘(c) A

DHERENCE TO

TANDARDS

.—The Sec-

retary, acting through the Under Secretary

for Management and the Commissioner of

U.S. Customs and Border Protection, shall

ensure border security technology acquisi-

tion program managers who are responsible

for carrying out this section adhere to rel-

evant internal control standards identified

by the Comptroller General of the United

States. The Commissioner shall provide in-

formation, as needed, to assist the Under

Secretary in monitoring management of bor-

der security technology acquisition pro-

grams under this section.

‘‘(d) P

LAN

.—The Secretary, acting through

the Under Secretary for Management, in co-

ordination with the Under Secretary for

Science and Technology and the Commis-

sioner of U.S. Customs and Border Protec-

tion, shall submit to the Committee on

Homeland Security of the House of Rep-

resentatives and the Committee on Home-

land Security and Governmental Affairs of

the Senate a plan for testing, evaluating,

and using independent verification and vali-

dation 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 depart-

mental acquisition policies and the Federal

Acquisition Regulation; and

‘‘(2) the effective use of taxpayer dollars.’’.

(b) C

LERICAL

MENDMENT

.—The table of

contents in section 1(b) of the Homeland Se-

curity Act of 2002 is amended by inserting

after the item relating to section 436 the fol-

lowing new item:

‘‘Sec. 437. Border security technology pro-

gram management.’’.

ROHIBITION ON

DDITIONAL

UTHORIZA

TION OF

PPROPRIATIONS

.—No additional

funds are authorized to be appropriated to

carry out section 437 of the Homeland Secu-

rity Act of 2002, as added by subsection (a).

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CONGRESSIONAL RECORD — HOUSE H4875 September 29, 2023

SEC. 106. U.S. CUSTOMS AND BORDER PROTEC-

TION TECHNOLOGY UPGRADES.

(a) S

ECURE

OMMUNICATIONS

.—The Com-

missioner shall ensure that each CBP officer

or agent, as appropriate, is equipped with a

secure radio or other two-way communica-

tion 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) B

ORDER

ECURITY

EPLOYMENT

GRAM

.—

(1) E

XPANSION

.—Not later than September

30, 2025, the Commissioner shall—

(A) fully implement the Border Security

Deployment Program of CBP; and

(B) expand the integrated surveillance and

intrusion detection system at land ports of

entry along the northern and southern bor-

ders of the United States.

(2) A

UTHORIZATION OF APPROPRIATIONS

.—In

addition to amounts otherwise authorized to

be appropriated for such purpose, there is au-

thorized to be appropriated $33,000,000 for fis-

cal years 2024 and 2025 to carry out para-

graph (1).

PGRADE OF

ICENSE

LATE

EADERS AT

ORTS OF

NTRY

.—

(1) U

PGRADE

.—Not later than two years

after the date of the enactment of this Act,

the Commissioner shall upgrade all existing

license plate readers in need of upgrade, as

determined by the Commissioner, on the

northern and southern borders of the United

States.

(2) A

UTHORIZATION OF APPROPRIATIONS

.—In

addition to amounts otherwise authorized to

be appropriated for such purpose, there is au-

thorized to be appropriated $125,000,000 for

fiscal years 2023 and 2024 to carry out para-

graph (1).

SEC. 107. U.S. CUSTOMS AND BORDER PROTEC-

TION PERSONNEL.

(a) R

ETENTION

ONUS

.—To carry out this

section, there is authorized to be appro-

priated up to $100,000,000 to the Commis-

sioner to provide a retention bonus to any

front-line U.S. Border Patrol law enforce-

ment agent—

(1) whose position is equal to or below level

GS–12 of the General Schedule;

(2) who has five years or more of service

with the U.S. Border Patrol; and

(3) who commits to two years of additional

service with the U.S. Border Patrol upon ac-

ceptance of such bonus.

(b) B

ORDER

ATROL

GENTS

.—Not later

than September 30, 2025, the Commissioner

shall hire, train, and assign a sufficient num-

ber of Border Patrol agents to maintain an

active duty presence of not fewer than 22,000

full-time equivalent Border Patrol agents,

who may not perform the duties of proc-

essing coordinators.

ROHIBITION

GAINST

LIEN

RAVEL

.—

No personnel or equipment of Air and Marine

Operations may be used for the transpor-

tation of non-detained aliens, or detained

aliens expected to be administratively re-

leased upon arrival, from the southwest bor-

der to destinations within the United States.

(d) GAO R

EPORT

.—If the staffing level re-

quired under this section is not achieved by

the date associated with such level, the

Comptroller General of the United States

shall—

(1) conduct a review of the reasons why

such level was not so achieved; and

(2) not later than September 30, 2027, pub-

lish on a publicly available website of the

Government Accountability Office a report

relating thereto.

SEC. 108. ANTI-BORDER CORRUPTION ACT REAU-

THORIZATION.

(a) H

IRING

LEXIBILITY

.—Section 3 of the

Anti-Border Corruption Act of 2010 (6 U.S.C.

221; Public Law 111–376) is amended by strik-

ing subsection (b) and inserting the following

new subsections:

‘‘(b) W

AIVER

EQUIREMENT

.—Subject to

subsection (c), the Commissioner of U.S. Cus-

toms and Border Protection shall waive the

application of subsection (a)(1)—

‘‘(1) to a current, full-time law enforce-

ment officer employed by a State or local

law enforcement agency who—

‘‘(A) has continuously served as a law en-

forcement officer for not fewer than three

years;

‘‘(B) is authorized by law to engage in or

supervise the prevention, detection, inves-

tigation, or prosecution of, or the incarcer-

ation of any person for, any violation of law,

and has statutory powers for arrest or appre-

hension; and

‘‘(C) is not currently under investigation,

has not been found to have engaged in crimi-

nal activity or serious misconduct, has not

resigned from a law enforcement officer posi-

tion under investigation or in lieu of termi-

nation, and has not been dismissed from a

law enforcement officer position;

‘‘(2) to a current, full-time Federal law en-

forcement officer who—

‘‘(A) has continuously served as a law en-

forcement officer for not fewer than three

years;

‘‘(B) is authorized to make arrests, conduct

investigations, conduct searches, make sei-

zures, carry firearms, and serve orders, war-

rants, and other processes;

‘‘(C) is not currently under investigation,

has not been found to have engaged in crimi-

nal activity or serious misconduct, has not

resigned from a law enforcement officer posi-

tion under investigation or in lieu of termi-

nation, and has not been dismissed from a

law enforcement officer position; and

‘‘(D) holds a current Tier 4 background in-

vestigation or current Tier 5 background in-

vestigation; or

‘‘(3) to a member of the Armed Forces (or

a reserve component thereof) or a veteran, if

such individual—

‘‘(A) has served in the Armed Forces for

not fewer than three years;

‘‘(B) holds, or has held within the past five

years, a Secret, Top Secret, or Top Secret/

Sensitive Compartmented Information clear-

ance;

‘‘(C) holds, or has undergone within the

past five years, a current Tier 4 background

investigation or current Tier 5 background

investigation;

‘‘(D) received, or is eligible to receive, an

honorable discharge from service in the

Armed Forces and has not engaged in crimi-

nal activity or committed a serious military

or civil offense under the Uniform Code of

Military Justice; and

‘‘(E) was not granted any waivers to obtain

the clearance referred to in subparagraph

(B).

‘‘(c) T

ERMINATION OF

AIVER

EQUIREMENT

;

NAP

-B

ACK

.—The requirement to issue a

waiver under subsection (b) shall terminate

if the Commissioner of U.S. Customs and

Border Protection (CBP) certifies to the

Committee on Homeland Security of the

House of Representatives and the Committee

on Homeland Security and Governmental Af-

fairs of the Senate that CBP has met all re-

quirements pursuant to section 107 of the Se-

cure the Border Act of 2023 relating to per-

sonnel levels. If at any time after such cer-

tification personnel levels fall below such re-

quirements, the Commissioner shall waive

the application of subsection (a)(1) until

such time as the Commissioner re-certifies

to such Committees that CBP has so met all

such requirements.’’.

(b) S

UPPLEMENTAL

OMMISSIONER

UTHOR

ITY

; R

EPORTING

; D

EFINITIONS

.—The Anti-Bor-

der Corruption Act of 2010 is amended by

adding at the end the following new sections:

‘‘SEC. 5. SUPPLEMENTAL COMMISSIONER AU-

THORITY.

‘‘(a) N

ONEXEMPTION

.—An individual who re-

ceives a waiver under section 3(b) is not ex-

empt from any other hiring requirements re-

lating to suitability for employment and eli-

gibility to hold a national security des-

ignated position, as determined by the Com-

missioner of U.S. Customs and Border Pro-

tection.

‘‘(b) B

ACKGROUND

NVESTIGATIONS

.—An in-

dividual who receives a waiver under section

3(b) who holds a current Tier 4 background

investigation shall be subject to a Tier 5

background investigation.

‘‘(c) A

DMINISTRATION OF

OLYGRAPH

XAM

INATION

.—The Commissioner of U.S. Customs

and Border Protection is authorized to ad-

minister a polygraph examination to an ap-

plicant or employee who is eligible for or re-

ceives a waiver under section 3(b) if informa-

tion is discovered before the completion of a

background investigation that results in a

determination that a polygraph examination

is necessary to make a final determination

regarding suitability for employment or con-

tinued employment, as the case may be.

‘‘SEC. 6. REPORTING.

‘‘(a) A

NNUAL

EPORT

.—Not later than one

year after the date of the enactment of this

section and annually thereafter while the

waiver authority under section 3(b) is in ef-

fect, the Commissioner of U.S. Customs and

Border Protection shall submit to Congress a

report that includes, with respect to each

such reporting period, the following:

‘‘(1) Information relating to the number of

waivers granted under such section 3(b).

‘‘(2) Information relating to the percentage

of applicants who were hired after receiving

such a waiver.

‘‘(3) Information relating to the number of

instances that a polygraph was administered

to an applicant who initially received such a

waiver and the results of such polygraph.

‘‘(4) An assessment of the current impact

of such waiver authority on filling law en-

forcement positions at U.S. Customs and

Border Protection.

‘‘(5) An identification of additional au-

thorities needed by U.S. Customs and Border

Protection to better utilize such waiver au-

thority for its intended goals.

‘‘(b) A

DDITIONAL

NFORMATION

.—The first

report submitted under subsection (a) shall

include the following:

‘‘(1) An analysis of other methods of em-

ployment suitability tests that detect decep-

tion and could be used in conjunction with

traditional background investigations to

evaluate potential applicants or employees

for suitability for employment or continued

employment, as the case may be.

‘‘(2) A recommendation regarding whether

a test referred to in paragraph (1) should be

adopted by U.S. Customs and Border Protec-

tion when the polygraph examination re-

quirement is waived pursuant to section 3(b).

‘‘SEC. 7. DEFINITIONS.

‘‘In this Act:

‘‘(1) F

EDERAL LAW ENFORCEMENT OFFICER

.—

The term ‘Federal law enforcement officer’

means a ‘law enforcement officer’, as such

term is defined in section 8331(20) or 8401(17)

of title 5, United States Code.

‘‘(2) S

ERIOUS MILITARY OR CIVIL OFFENSE

.—

The term ‘serious military or civil offense’

means an offense for which—

‘‘(A) a member of the Armed Forces may

be discharged or separated from service in

the Armed Forces; and

‘‘(B) a punitive discharge is, or would be,

authorized for the same or a closely related

offense under the Manual for Court-Martial,

as pursuant to Army Regulation 635–200,

chapter 14–12.

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CONGRESSIONAL RECORD — HOUSEH4876 September 29, 2023

‘‘(3) T

IER 4

;

TIER 5

.—The terms ‘Tier 4’ and

‘Tier 5’, with respect to background inves-

tigations, have the meaning given such

terms under the 2012 Federal Investigative

Standards.

‘‘(4) V

ETERAN

.—The term ‘veteran’ has the

meaning given such term in section 101(2) of

title 38, United States Code.’’.

OLYGRAPH

XAMINERS

.—Not later than

September 30, 2025, the Secretary shall in-

crease to not fewer than 150 the number of

trained full-time equivalent polygraph exam-

iners for administering polygraphs under the

Anti-Border Corruption Act of 2010, as

amended by this section.

SEC. 109. ESTABLISHMENT OF WORKLOAD STAFF-

ING MODELS FOR U.S. BORDER PA-

TROL AND AIR AND MARINE OPER-

ATIONS OF CBP.

(a) I

ENERAL

.—Not later than one year

after the date of the enactment of this Act,

the Commissioner, in coordination with the

Under Secretary for Management, the Chief

Human Capital Officer, and the Chief Finan-

cial Officer of the Department, shall imple-

ment a workload staffing model for each of

the following:

(1) The U.S. Border Patrol.

(2) Air and Marine Operations of CBP.

(b) R

ESPONSIBILITIES OF THE

OMMIS

SIONER

.—Subsection (c) of section 411 of the

Homeland Security Act of 2002 (6 U.S.C. 211),

is amended—

(1) by redesignating paragraphs (18) and

(19) as paragraphs (20) and (21), respectively;

and

(2) by inserting after paragraph (17) the fol-

lowing new paragraphs:

‘‘(18) implement a staffing model for the

U.S. Border Patrol, Air and Marine Oper-

ations, and the Office of Field Operations

that includes consideration for essential

frontline operator activities and functions,

variations in operating environments,

present and planned infrastructure, present

and planned technology, and required oper-

ations support levels to enable such entities

to manage and assign personnel of such enti-

ties to ensure field and support posts possess

adequate resources to carry out duties speci-

fied in this section;

‘‘(19) develop standard operating proce-

dures for a workforce tracking system with-

in the U.S. Border Patrol, Air and Marine

Operations, and the Office of Field Oper-

ations, train the workforce of each of such

entities on the use, capabilities, and purpose

of such system, and implement internal con-

trols to ensure timely and accurate sched-

uling and reporting of actual completed

work hours and activities;’’.

EPORT

.—

(1) I

N GENERAL

.—Not later than one year

after the date of the enactment of this Act

with respect to subsection (a) and para-

graphs (18) and (19) of section 411(c) of the

Homeland Security Act of 2002 (as amended

by subsection (b)), and annually thereafter

with respect to such paragraphs (18) and (19),

the Secretary shall submit to the appro-

priate congressional committees a report

that includes a status update on the fol-

lowing:

(A) The implementation of such subsection

(a) and such paragraphs (18) and (19).

(B) Each relevant workload staffing model.

(2) D

ATA SOURCES AND METHODOLOGY RE

QUIRED

.—Each report required under para-

graph (1) shall include information relating

to the data sources and methodology used to

generate each relevant staffing model.

(d) I

NSPECTOR

ENERAL

EVIEW

.—Not later

than 90 days after the Commissioner devel-

ops the workload staffing models pursuant to

subsection (a), the Inspector General of the

Department shall review such models and

provide feedback to the Secretary and the

appropriate congressional committees with

respect to the degree to which such models

are responsive to the recommendations of

the Inspector General, including the fol-

lowing:

(1) Recommendations from the Inspector

General’s February 2019 audit.

(2) Any further recommendations to im-

prove such models.

(e) A

PPROPRIATE

ONGRESSIONAL

OMMIT

TEES

EFINED

.—In this section, the term

‘‘appropriate congressional committees’’

means—

(1) the Committee on Homeland Security

of the House of Representatives; and

(2) the Committee on Homeland Security

and Governmental Affairs of the Senate.

SEC. 110. OPERATION STONEGARDEN.

(a) I

ENERAL

.—Subtitle A of title XX of

the Homeland Security Act of 2002 (6 U.S.C.

601 et seq.) is amended by adding at the end

the following new section:

‘‘SEC. 2010. OPERATION STONEGARDEN.

‘‘(a) E

STABLISHMENT

.—There is established

in the Department a program to be known as

‘Operation Stonegarden’, under which the

Secretary, acting through the Adminis-

trator, shall make grants to eligible law en-

forcement agencies, through State adminis-

trative agencies, to enhance border security

in accordance with this section.

‘‘(b) E

LIGIBLE

ECIPIENTS

.—To be eligible

to receive a grant under this section, a law

enforcement agency shall—

‘‘(1) be located in—

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

‘‘(B) a State or territory with a maritime

border;

‘‘(2) be involved in an active, ongoing, U.S.

Customs and Border Protection operation co-

ordinated through a U.S. Border Patrol sec-

tor office; and

‘‘(3) have an agreement in place with U.S.

Immigration and Customs Enforcement to

support enforcement operations.

‘‘(c) P

ERMITTED

SES

.—A recipient of a

grant under this section may use such grant

for costs associated with the following:

‘‘(1) Equipment, including maintenance

and sustainment.

‘‘(2) Personnel, including overtime and

backfill, in support of enhanced border law

enforcement activities.

‘‘(3) Any activity permitted for Operation

Stonegarden under the most recent fiscal

year Department of Homeland Security’s

Homeland Security Grant Program Notice of

Funding Opportunity.

‘‘(d) P

ERIOD OF

ERFORMANCE

.—The Sec-

retary shall award grants under this section

to grant recipients for a period of not fewer

than 36 months.

‘‘(e) N

OTIFICATION

.—Upon denial of a grant

to a law enforcement agency, the Adminis-

trator shall provide written notice to the

Committee on Homeland Security of the

House of Representatives and the Committee

on Homeland Security and Governmental Af-

fairs of the Senate, including the reasoning

for such denial.

‘‘(f) R

EPORT

.—For each of fiscal years 2024

through 2028 the Administrator shall submit

to the Committee on Homeland Security of

the House of Representatives and the Com-

mittee on Homeland Security and Govern-

mental Affairs of the Senate a report that

contains—

‘‘(1) information on the expenditure of

grants made under this section by each grant

recipient; and

‘‘(2) recommendations for other uses of

such grants to further support eligible law

enforcement agencies.

‘‘(g) A

UTHORIZATION OF

PPROPRIATIONS

.—

There is authorized to be appropriated

$110,000,000 for each of fiscal years 2024

through 2028 for grants under this section.’’.

(b) C

ONFORMING

MENDMENT

.—Subsection

(a) of section 2002 of the Homeland Security

Act of 2002 (6 U.S.C. 603) is amended to read

as follows:

‘‘(a) G

RANTS

UTHORIZED

.—The Secretary,

through the Administrator, may award

grants under sections 2003, 2004, 2009, and 2010

to State, local, and Tribal governments, as

appropriate.’’.

LERICAL

MENDMENT

.—The table of

contents in section 1(b) of the Homeland Se-

curity Act of 2002 is amended by inserting

after the item relating to section 2009 the

following new item:

‘‘Sec. 2010. Operation Stonegarden.’’.

SEC. 111. AIR AND MARINE OPERATIONS FLIGHT

HOURS.

(a) A

IR AND

ARINE

PERATIONS

LIGHT

OURS

.—Not later than 120 days after the

date of the enactment of this Act, the Sec-

retary shall ensure that not fewer than

110,000 annual flight hours are carried out by

Air and Marine Operations of CBP.

(b) U

NMANNED

IRCRAFT

YSTEMS

.—The

Secretary, after coordination with the Ad-

ministrator of the Federal Aviation Admin-

istration, shall ensure that Air and Marine

Operations operate unmanned aircraft sys-

tems on the southern border of the United

States for not less than 24 hours per day.

RIMARY

ISSIONS

.—The Commissioner

shall ensure the following:

(1) The primary missions for Air and Ma-

rine Operations are to directly support the

following:

(A) U.S. Border Patrol activities along the

borders of the United States.

(B) Joint Interagency Task Force South

and Joint Task Force East operations in the

transit zone.

(2) The Executive Assistant Commissioner

of Air and Marine Operations assigns the

greatest priority to support missions speci-

fied in paragraph (1).

(d) H

IGH

EMAND

LIGHT

OUR

EQUIRE

MENTS

.—The Commissioner shall—

(1) ensure that U.S. Border Patrol Sector

Chiefs identify air support mission-critical

hours; and

(2) direct Air and Marine Operations to

support requests from such Sector Chiefs as

a component of the primary mission of Air

and Marine Operations in accordance with

subsection (c)(1)(A).

(e) C

ONTRACT

UPPORT

UTHORIZA

TIONS

.—The Commissioner shall contract for

air support mission-critical hours to meet

the requests for such hours, as identified

pursuant to subsection (d).

(f) S

MALL

NMANNED

IRCRAFT

YSTEMS

.—

(1) I

N GENERAL

.—The Chief of the U.S. Bor-

der Patrol shall be the executive agent with

respect to the use of small unmanned air-

craft by CBP for the purposes of the fol-

lowing:

(A) Meeting the unmet flight hour oper-

ational requirements of the U.S. Border Pa-

trol.

(B) Achieving situational awareness and

operational control of the borders of the

United States.

(2) C

OORDINATION

.—In carrying out para-

graph (1), the Chief of the U.S. Border Patrol

shall coordinate—

(A) flight operations with the Adminis-

trator of the Federal Aviation Administra-

tion to ensure the safe and efficient oper-

ation of the national airspace system; and

(B) with the Executive Assistant Commis-

sioner for Air and Marine Operations of CBP

to—

(i) ensure the safety of other CBP aircraft

flying in the vicinity of small unmanned air-

craft operated by the U.S. Border Patrol; and

(ii) establish a process to include data from

flight hours in the calculation of got away

statistics.

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CONGRESSIONAL RECORD — HOUSE H4877 September 29, 2023

(3) C

ONFORMING AMENDMENT

.—Paragraph

(3) of section 411(e) of the Homeland Security

Act of 2002 (6 U.S.C. 211(e)) is amended—

(A) in subparagraph (B), by striking ‘‘and’’

after the semicolon at the end;

(B) by redesignating subparagraph (C) as

subparagraph (D); and

following new subparagraph:

‘‘(C) carry out the small unmanned aircraft

(as such term is defined in section 44801 of

title 49, United States Code) requirements

pursuant to subsection (f) of section 111 of

the Secure the Border Act of 2023; and’’.

(g) S

AVINGS

LAUSE

.—Nothing in this sec-

tion may be construed as conferring, trans-

ferring, or delegating to the Secretary, the

Commissioner, the Executive Assistant Com-

missioner for Air and Marine Operations of

CBP, or the Chief of the U.S. Border Patrol

any authority of the Secretary of Transpor-

tation or the Administrator of the Federal

Aviation Administration relating to the use

of airspace or aviation safety.

(h) D

EFINITIONS

.—In this section:

(1) G

OT AWAY

.—The term ‘‘got away’’ has

the meaning given such term in section

1092(a)(3) of the National Defense Authoriza-

tion Act for Fiscal Year 2017 (Public Law

114–328; 6 U.S.C. 223(a)(3)).

(2) T

RANSIT ZONE

.—The term ‘‘transit

zone’’ has the meaning given such term in

section 1092(a)(8) of the National Defense Au-

thorization Act for Fiscal Year 2017 (Public

Law 114–328; 6 U.S.C. 223(a)(8)).

SEC. 112. ERADICATION OF CARRIZO CANE AND

SALT CEDAR.

(a) I

ENERAL

.—Not later than 30 days

after the date of the enactment of this Act,

the Secretary, in coordination with the

heads of relevant Federal, State, and local

agencies, shall hire contractors to begin

eradicating the carrizo cane plant and any

salt cedar along the Rio Grande River that

impedes border security operations. Such

eradication shall be completed—

(1) by not later than September 30, 2027, ex-

cept for required maintenance; and

(2) in the most expeditious and cost-effec-

tive manner possible to maintain clear fields

of view.

(b) A

PPLICATION

.—The waiver authority

under subsection (c) of section 102 of the Ille-

gal Immigration Reform and Immigrant Re-

sponsibility Act of 1996 (8 U.S.C. 1103 note),

as amended by section 103 of this division,

shall apply to activities carried out pursuant

to subsection (a).

EPORT

.—Not later than 180 days after

the date of the enactment of this Act, the

Secretary shall submit to the Committee on

Homeland Security of the House of Rep-

resentatives and the Committee on Home-

land Security and Governmental Affairs of

the Senate a strategic plan to eradicate all

carrizo cane plant and salt cedar along the

Rio Grande River that impedes border secu-

rity operations by not later than September

30, 2027.

(d) A

UTHORIZATION OF

PPROPRIATIONS

.—

There is authorized to be appropriated

$7,000,000 for each of fiscal years 2024 through

2028 to the Secretary to carry out this sub-

section.

SEC. 113. BORDER PATROL STRATEGIC PLAN.

(a) I

ENERAL

.—Not later than one year

after the date of the enactment of this Act

and biennially thereafter, the Commissioner,

acting through the Chief of the U.S. Border

Patrol, shall issue a Border Patrol Strategic

Plan (referred to in this section as the

‘‘plan’’) to enhance the security of the bor-

ders of the United States.

(b) E

LEMENTS

.—The plan shall include the

following:

(1) A consideration of Border Patrol Capa-

bility Gap Analysis reporting, Border Secu-

rity Improvement Plans, and any other stra-

tegic document authored by the U.S. Border

Patrol to address security gaps between

ports of entry, including efforts to mitigate

threats identified in such analyses, plans,

and documents.

(2) Information relating to the dissemina-

tion of information relating to border secu-

rity or border threats with respect to the ef-

forts of the Department and other appro-

priate Federal agencies.

(3) Information relating to efforts by U.S.

Border Patrol to—

(A) increase situational awareness, includ-

ing—

(i) surveillance capabilities, such as capa-

bilities developed or utilized by the Depart-

ment of Defense, and any appropriate tech-

nology determined to be excess by the De-

partment of Defense; and

(ii) the use of manned aircraft and un-

manned aircraft;

(B) detect and prevent terrorists and in-

struments of terrorism from entering the

United States;

ports of entry aliens unlawfully present in

the United States;

(D) detect, interdict, and disrupt human

smuggling, human trafficking, drug traf-

ficking, and other illicit cross-border activ-

ity;

(E) focus intelligence collection to disrupt

transnational criminal organizations outside

of the international and maritime borders of

the United States; and

(F) ensure that any new border security

technology can be operationally integrated

with existing technologies in use by the De-

partment.

(4) Information relating to initiatives of

the Department with respect to operational

coordination, including any relevant task

forces of the Department.

(5) Information gathered from the lessons

learned by the deployments of the National

Guard to the southern border of the United

States.

(6) A description of cooperative agreements

relating to information sharing with State,

local, Tribal, territorial, and other Federal

law enforcement agencies that have jurisdic-

tion on the borders of the United States.

(7) Information relating to border security

information received from the following:

(A) State, local, Tribal, territorial, and

other Federal law enforcement agencies that

have jurisdiction on the borders of the

United States or in the maritime environ-

ment.

(B) Border community stakeholders, in-

cluding representatives from the following:

(i) Border agricultural and ranching orga-

nizations.

(ii) Business and civic organizations.

(iii) Hospitals and rural clinics within 150

miles of the borders of the United States.

(iv) Victims of crime committed by aliens

unlawfully present in the United States.

(v) Victims impacted by drugs,

transnational criminal organizations, car-

tels, gangs, or other criminal activity.

(vi) Farmers, ranchers, and property own-

ers along the border.

(vii) Other individuals negatively impacted

by illegal immigration.

(8) Information relating to the staffing re-

quirements with respect to border security

for the Department.

(9) A prioritized list of Department re-

search and development objectives to en-

hance the security of the borders of the

United States.

(10) An assessment of training programs,

including such programs relating to the fol-

lowing:

(A) Identifying and detecting fraudulent

documents.

(B) Understanding the scope of CBP en-

forcement authorities and appropriate use of

force policies.

vulnerable populations, such as children and

victims of human trafficking.

SEC. 114. U.S. CUSTOMS AND BORDER PROTEC-

TION SPIRITUAL READINESS.

Not later than one year after the enact-

ment of this Act and annually thereafter for

five years, the Commissioner shall submit to

the Committee on Homeland Security of the

House of Representatives and the Committee

on Homeland Security and Governmental Af-

fairs of the Senate a report on the avail-

ability and usage of the assistance of chap-

lains, prayer groups, houses of worship, and

other spiritual resources for members of CBP

who identify as religiously affiliated and

have attempted suicide, have suicidal idea-

tion, or are at risk of suicide, and metrics on

the impact such resources have in assisting

religiously affiliated members who have ac-

cess to and utilize such resources compared

to religiously affiliated members who do not.

SEC. 115. RESTRICTIONS ON FUNDING.

(a) A

RRIVING

LIENS

.—No funds are author-

ized to be appropriated to the Department to

process the entry into the United States of

aliens arriving in between ports of entry.

(b) R

ESTRICTION ON

ONGOVERNMENTAL

GANIZATION

UPPORT FOR

NLAWFUL

CTIV

ITY

.—No funds are authorized to be appro-

priated to the Department for disbursement

to any nongovernmental organization that

facilitates or encourages unlawful activity,

including unlawful entry, human trafficking,

human smuggling, drug trafficking, and drug

smuggling.

ESTRICTION ON

ONGOVERNMENTAL

GANIZATION

ACILITATION OF

LLEGAL

MMI

GRATION

.—No funds are authorized to be ap-

propriated to the Department for disburse-

ment to any nongovernmental organization

to provide, or facilitate the provision of,

transportation, lodging, or immigration

legal services to inadmissible aliens who

enter the United States after the date of the

enactment of this Act.

SEC. 116. COLLECTION OF DNA AND BIOMETRIC

INFORMATION AT THE BORDER.

Not later than 14 days after the date of the

enactment of this Act, the Secretary shall

ensure and certify to the Committee on

Homeland Security of the House of Rep-

resentatives and the Committee on Home-

land Security and Governmental Affairs of

the Senate that CBP is fully compliant with

Federal DNA and biometric collection re-

quirements at United States land borders.

SEC. 117. ERADICATION OF NARCOTIC DRUGS

AND FORMULATING EFFECTIVE NEW

TOOLS TO ADDRESS YEARLY LOSSES

OF LIFE; ENSURING TIMELY UP-

DATES TO U.S. CUSTOMS AND BOR-

DER PROTECTION FIELD MANUALS.

(a) I

ENERAL

.—Not later than 90 days

after the date of the enactment of this Act,

and not less frequently than triennially

thereafter, the Commissioner of U.S. Cus-

toms and Border Protection shall review and

update, as necessary, the current policies

and manuals of the Office of Field Oper-

ations related to inspections at ports of

entry, and the U.S. Border Patrol related to

inspections between ports of entry, to ensure

the uniform implementation of inspection

practices that will effectively respond to

technological and methodological changes

designed to disguise unlawful activity, such

as the smuggling of drugs and humans, along

the border.

(b) R

EPORTING

EQUIREMENT

.—Not later

than 90 days after each update required

under subsection (a), the Commissioner of

U.S. Customs and Border Protection shall

submit to the Committee on Homeland Secu-

rity and the Committee on the Judiciary of

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the House of Representatives and the Com-

mittee on Homeland Security and Govern-

mental Affairs and the Committee on the Ju-

diciary of the Senate a report that summa-

rizes any policy and manual changes pursu-

ant to subsection (a).

SEC. 118. PUBLICATION BY U.S. CUSTOMS AND

BORDER PROTECTION OF OPER-

ATIONAL STATISTICS.

(a) I

ENERAL

.—Not later than the sev-

enth day of each month beginning with the

second full month after the date of the en-

actment of this Act, the Commissioner of

U.S. Customs and Border Protection shall

publish on a publicly available website of the

Department of Homeland Security informa-

tion relating to the total number of alien en-

counters and nationalities, unique alien en-

counters and nationalities, gang affiliated

apprehensions and nationalities, drug sei-

zures, alien encounters included in the ter-

rorist screening database and nationalities,

arrests of criminal aliens or individuals

wanted by law enforcement and nationali-

ties, known got aways, encounters with de-

ceased aliens, and all other related or associ-

ated statistics recorded by U.S. Customs and

Border Protection during the immediately

preceding month. Each such publication

shall include the following:

(1) The aggregate such number, and such

number disaggregated by geographic regions,

of such recordings and encounters, including

specifications relating to whether such re-

cordings and encounters were at the south-

west, northern, or maritime border.

(2) An identification of the Office of Field

Operations field office, U.S. Border Patrol

sector, or Air and Marine Operations branch

making each recording or encounter.

(3) Information relating to whether each

recording or encounter of an alien was of a

single adult, an unaccompanied alien child,

or an individual in a family unit.

(4) Information relating to the processing

disposition of each alien recording or en-

counter.

(5) Information relating to the nationality

of each alien who is the subject of each re-

cording or encounter.

(6) The total number of individuals in-

cluded in the terrorist screening database (as

such term is defined in section 2101 of the

Homeland Security Act of 2002 (6 U.S.C. 621))

who have repeatedly attempted to cross un-

lawfully into the United States.

(7) The total number of individuals in-

cluded in the terrorist screening database

who have been apprehended, including infor-

mation relating to whether such individuals

were released into the United States or re-

moved.

(b) E

XCEPTIONS

.—If the Commissioner of

U.S. Customs and Border Protection in any

month does not publish the information re-

quired under subsection (a), or does not pub-

lish such information by the date specified in

such subsection, the Commissioner shall

brief the Committee on Homeland Security

of the House of Representatives and the

Committee on Homeland Security and Gov-

ernmental Affairs of the Senate regarding

the reason relating thereto, as the case may

be, by not later than the date that is two

business days after the tenth day of such

month.

EFINITIONS

.—In this section:

(1) A

LIEN ENCOUNTERS

.—The term ‘‘alien

encounters’’ means aliens apprehended, de-

termined inadmissible, or processed for re-

moval by U.S. Customs and Border Protec-

tion.

(2) G

OT AWAY

.—The term ‘‘got away’’ has

the meaning given such term in section

1092(a) of the National Defense Authorization

Act for Fiscal Year 2017 (6 U.S.C. 223(a)).

(3) T

ERRORIST SCREENING DATABASE

.—The

term ‘‘terrorist screening database’’ has the

meaning given such term in section 2101 of

the Homeland Security Act of 2002 (6 U.S.C.

621).

(4) U

NACCOMPANIED ALIEN CHILD

.—The term

‘‘unaccompanied alien child’’ has the mean-

ing given such term in section 462(g) of the

Homeland Security Act of 2002 (6 U.S.C.

279(g)).

SEC. 119. ALIEN CRIMINAL BACKGROUND

CHECKS.

(a) I

ENERAL

.—Not later than seven days

after the date of the enactment of this Act,

the Commissioner shall certify to the Com-

mittee on Homeland Security and the Com-

mittee on the Judiciary of the House of Rep-

resentatives and the Committee on Home-

land Security and Governmental Affairs and

the Committee on the Judiciary of the Sen-

ate that CBP has real-time access to the

criminal history databases of all countries of

origin and transit for aliens encountered by

CBP to perform criminal history background

checks for such aliens.

(b) S

TANDARDS

.—The certification required

under subsection (a) shall also include a de-

termination whether the criminal history

databases of a country are accurate, up to

date, digitized, searchable, and otherwise

meet the standards of the Federal Bureau of

Investigation for criminal history databases

maintained by State and local governments.

ERTIFICATION

.—The Secretary shall an-

nually submit to the Committee on Home-

land Security and the Committee on the Ju-

diciary of the House of Representatives and

the Committee on Homeland Security and

Governmental Affairs and the Committee on

the Judiciary of the Senate a certification

that each database referred to in subsection

(b) which the Secretary accessed or sought

to access pursuant to this section met the

standards described in subsection (b).

SEC. 120. PROHIBITED IDENTIFICATION DOCU-

MENTS AT AIRPORT SECURITY

CHECKPOINTS; NOTIFICATION TO

IMMIGRATION AGENCIES.

(a) I

ENERAL

.—The Administrator may

not accept as valid proof of identification a

prohibited identification document at an air-

port security checkpoint.

(b) N

OTIFICATION TO

MMIGRATION

GEN

CIES

.—If an individual presents a prohibited

identification document to an officer of the

Transportation Security Administration at

an airport security checkpoint, the Adminis-

trator shall promptly notify the Director of

U.S. Immigration and Customs Enforcement,

the Director of U.S. Customs and Border

Protection, and the head of the appropriate

local law enforcement agency to determine

whether the individual is in violation of any

term of release from the custody of any such

agency.

NTRY

NTO

TERILE

REAS

.—

(1) I

N GENERAL

.—Except as provided in

paragraph (2), if an individual is found to be

in violation of any term of release under sub-

section (b), the Administrator may not per-

mit such individual to enter a sterile area.

(2) E

XCEPTION

.—An individual presenting a

prohibited identification document under

this section may enter a sterile area if the

individual—

(A) is leaving the United States for the

purposes of removal or deportation; or

(B) presents a covered identification docu-

ment.

(d) C

OLLECTION OF

IOMETRIC

NFORMATION

ROM

ERTAIN

NDIVIDUALS

EEKING

NTRY

NTO THE

TERILE

REA OF AN

IRPORT

.—Be-

ginning not later than 120 days after the date

of the enactment of this Act, the Adminis-

trator shall collect biometric information

from an individual described in subsection

(e) prior to authorizing such individual to

enter into a sterile area.

(e) I

NDIVIDUAL

ESCRIBED

.—An individual

described in this subsection is an individual

who—

(1) is seeking entry into the sterile area of

an airport;

(2) does not present a covered identifica-

tion document; and

(3) the Administrator cannot verify is a na-

tional of the United States.

(f) P

ARTICIPATION IN

IDENT.—Beginning

not later than 120 days after the date of the

enactment of this Act, the Administrator, in

coordination with the Secretary, shall sub-

mit biometric data collected under this sec-

tion to the Automated Biometric Identifica-

tion System (IDENT).

(g) D

EFINITIONS

.—In this section:

(1) A

DMINISTRATOR

.—The term ‘‘Adminis-

trator’’ means the Administrator of the

Transportation Security Administration.

(2) B

IOMETRIC INFORMATION

.—The term ‘‘bi-

ometric information’’ means any of the fol-

lowing:

(A) A fingerprint.

(B) A palm print.

(i) a photograph of an individual’s face for

use with facial recognition technology; and

(ii) a photograph of any physical or ana-

tomical feature, such as a scar, skin mark,

or tattoo.

(D) A signature.

(E) A voice print.

(F) An iris image.

(3) C

OVERED IDENTIFICATION DOCUMENT

.—

The term ‘‘covered identification document’’

means any of the following, if the document

is valid and unexpired:

(A) A United States passport or passport

card.

(B) A biometrically secure card issued by a

trusted traveler program of the Department

of Homeland Security, including—

(i) Global Entry;

(ii) Nexus;

(iii) Secure Electronic Network for Trav-

elers Rapid Inspection (SENTRI); and

(iv) Free and Secure Trade (FAST).

partment of Defense, including such a card

issued to a dependent.

(D) Any document required for admission

to the United States under section 211(a) of

the Immigration and Nationality Act (8

U.S.C. 1181(a)).

(E) An enhanced driver’s license issued by

a State.

(F) A photo identification card issued by a

federally recognized Indian Tribe.

(G) A personal identity verification creden-

tial issued in accordance with Homeland Se-

curity Presidential Directive 12.

(H) A driver’s license issued by a province

of Canada.

(I) A Secure Certificate of Indian Status

issued by the Government of Canada.

(J) A Transportation Worker Identification

Credential.

(K) A Merchant Mariner Credential issued

by the Coast Guard.

(L) A Veteran Health Identification Card

issued by the Department of Veterans Af-

fairs.

(M) Any other document the Adminis-

trator determines, pursuant to a rule mak-

ing in accordance with section 553 of title 5,

United States Code, will satisfy the identity

verification procedures of the Transpor-

tation Security Administration.

(4) I

MMIGRATION LAWS

.—The term ‘‘immi-

gration laws’’ has the meaning given that

term in section 101 of the Immigration and

Nationality Act (8 U.S.C. 1101).

(5) P

ROHIBITED IDENTIFICATION DOCUMENT

.—

The term ‘‘prohibited identification docu-

ment’’ means any of the following (or any

applicable successor form):

(A) U.S. Immigration and Customs En-

forcement Form I–200, Warrant for Arrest of

Alien.

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(B) U.S. Immigration and Customs En-

forcement Form I–205, Warrant of Removal/

Deportation.

forcement Form I–220A, Order of Release on

Recognizance.

(D) U.S. Immigration and Customs En-

forcement Form I–220B, Order of Super-

vision.

(E) Department of Homeland Security

Form I–862, Notice to Appear.

(F) U.S. Customs and Border Protection

Form I–94, Arrival/Departure Record (includ-

ing a print-out of an electronic record).

(G) Department of Homeland Security

Form I–385, Notice to Report.

(H) Any document that directs an indi-

vidual to report to the Department of Home-

land Security.

(I) Any Department of Homeland Security

work authorization or employment

verification document.

(6) S

TERILE AREA

.—The term ‘‘sterile area’’

has the meaning given that term in section

1540.5 of title 49, Code of Federal Regula-

tions, or any successor regulation.

SEC. 121. PROHIBITION AGAINST ANY COVID–19

VACCINE MANDATE OR ADVERSE AC-

TION AGAINST DHS EMPLOYEES.

(a) L

IMITATION ON

MPOSITION OF

DATE

.—The Secretary may not issue any

COVID–19 vaccine mandate unless Congress

expressly authorizes such a mandate.

(b) P

ROHIBITION ON

DVERSE

CTION

.—The

Secretary may not take any adverse action

against a Department employee based solely

on the refusal of such employee to receive a

vaccine for COVID–19.

EPORT

.—Not later than 90 days after

the date of the enactment of this Act, the

Secretary shall report to the Committee on

Homeland Security of the House of Rep-

resentatives and the Committee on Home-

land Security and Governmental Affairs of

the Senate on the following:

(1) The number of Department employees

who were terminated or resigned due to the

COVID–19 vaccine mandate.

(2) An estimate of the cost to reinstate

such employees.

(3) How the Department would effectuate

reinstatement of such employees.

(d) R

ETENTION AND

EVELOPMENT OF

NVACCINATED

MPLOYEES

.—The Secretary

shall make every effort to retain Depart-

ment employees who are not vaccinated

against COVID–19 and provide such employ-

ees with professional development, pro-

motion and leadership opportunities, and

consideration equal to that of their peers.

SEC. 122. CBP ONE APP LIMITATION.

(a) L

IMITATION

.—The Department may use

the CBP One Mobile Application or any

other similar program, application, internet-

based portal, website, device, or initiative

only for inspection of perishable cargo.

(b) R

EPORT

.—Not later than 60 days after

the date of the enactment of this Act, the

Commissioner shall report to the Committee

on Homeland Security of the House of Rep-

resentatives and the Committee on Home-

land Security and Governmental Affairs of

the Senate the date on which CBP began

using CBP One to allow aliens to schedule

interviews at land ports of entry, how many

aliens have scheduled interviews at land

ports of entry using CBP One, the nationali-

ties of such aliens, and the stated final des-

tinations of such aliens within the United

States, if any.

SEC. 123. REPORT ON MEXICAN DRUG CARTELS.

Not later than 60 days after the date of the

enactment of this Act, Congress shall com-

mission a report that contains the following:

(1) A national strategy to address Mexican

drug cartels, and a determination regarding

whether there should be a designation estab-

lished to address such cartels.

(2) Information relating to actions by such

cartels that causes harm to the United

States.

SEC. 124. GAO STUDY ON COSTS INCURRED BY

STATES TO SECURE THE SOUTH-

WEST BORDER.

(a) I

ENERAL

.—Not later than 90 days

after the date of the enactment of this Act,

the Comptroller General of the United States

shall conduct a study to examine the costs

incurred by individual States as a result of

actions taken by such States in support of

the Federal mission to secure the southwest

border, and the feasibility of a program to

reimburse such States for such costs.

(b) C

ONTENTS

.—The study required under

subsection (a) shall include consideration of

the following:

(1) Actions taken by the Department of

Homeland Security that have contributed to

costs described in such subsection incurred

by States to secure the border in the absence

of Federal action, including the termination

of the Migrant Protection Protocols and can-

cellation of border wall construction.

(2) Actions taken by individual States

along the southwest border to secure their

borders, and the costs associated with such

actions.

(3) The feasibility of a program within the

Department of Homeland Security to reim-

burse States for the costs incurred in sup-

port of the Federal mission to secure the

southwest border.

SEC. 125. REPORT BY INSPECTOR GENERAL OF

THE DEPARTMENT OF HOMELAND

SECURITY.

(a) R

EPORT

.—Not later than one year after

the date of the enactment of this Act and an-

nually thereafter for five years, the Inspec-

tor General of the Department of Homeland

Security shall submit to the Committee on

Homeland Security of the House of Rep-

resentatives and the Committee on Home-

land Security and Governmental Affairs of

the Senate a report examining the economic

and security impact of mass migration to

municipalities and States along the south-

west border. Such report shall include infor-

mation regarding costs incurred by the fol-

lowing:

(1) State and local law enforcement to se-

cure the southwest border.

(2) Public school districts to educate stu-

dents who are aliens unlawfully present in

the United States.

(3) Healthcare providers to provide care to

aliens unlawfully present in the United

States who have not paid for such care.

(4) Farmers and ranchers due to migration

impacts to their properties.

(b) C

ONSULTATION

.—To produce the report

required under subsection (a), the Inspector

General of the Department of Homeland Se-

curity shall consult with the individuals and

representatives of the entities described in

paragraphs (1) through (4) of such subsection.

SEC. 126. OFFSETTING AUTHORIZATIONS OF AP-

PROPRIATIONS.

(a) O

FFICE OF THE

ECRETARY AND

MER

GENCY

ANAGEMENT

.—No funds are author-

ized to be appropriated for the Alternatives

to Detention Case Management Pilot Pro-

gram or the Office of the Immigration De-

tention Ombudsman for the Office of the

Secretary and Emergency Management of

the Department of Homeland Security.

(b) M

ANAGEMENT

IRECTORATE

.—No funds

are authorized to be appropriated for electric

vehicles or St. Elizabeths campus construc-

tion for the Management Directorate of the

Department of Homeland Security.

NTELLIGENCE

, A

NALYSIS

AND

ITUA

TIONAL

WARENESS

.—There is authorized to

be appropriated $216,000,000 for Intelligence,

Analysis, and Situational Awareness of the

Department of Homeland Security.

(d) U.S. C

USTOMS AND

ORDER

ROTEC

TION

.—No funds are authorized to be appro-

priated for the Shelter Services Program for

U.S. Customs and Border Protection.

SEC. 127. REPORT TO CONGRESS ON FOREIGN

TERRORIST ORGANIZATIONS.

(a) I

ENERAL

.—Not later than 90 days

after the date of the enactment of this Act

and annually thereafter for five years, the

Secretary of Homeland Security shall sub-

mit to the Committee on Homeland Security

of the House of Representatives and the

Committee on Homeland Security and Gov-

ernmental Affairs of the Senate an assess-

ment of foreign terrorist organizations at-

tempting to move their members or affili-

ates into the United States through the

southern, northern, or maritime border.

(b) D

EFINITION

.—In this section, the term

‘‘foreign terrorist organization’’ means an

organization described in section 219 of the

Immigration and Nationality Act (8 U.S.C.

1189).

SEC. 128. ASSESSMENT BY INSPECTOR GENERAL

OF THE DEPARTMENT OF HOME-

LAND SECURITY ON THE MITIGA-

TION OF UNMANNED AIRCRAFT SYS-

TEMS AT THE SOUTHWEST BORDER.

Not later than 90 days after the date of the

enactment of this Act, the Inspector General

of the Department of Homeland Security

shall submit to the Committee on Homeland

Security of the House of Representatives and

the Committee on Homeland Security and

Governmental Affairs of the Senate an as-

sessment of U.S. Customs and Border Protec-

tion’s ability to mitigate unmanned aircraft

systems at the southwest border. Such as-

sessment shall include information regard-

ing any intervention between January 1,

2021, and the date of the enactment of this

Act, by any Federal agency affecting in any

manner U.S. Customs and Border Protec-

tion’s authority to so mitigate such systems.

DIVISION D—IMMIGRATION

ENFORCEMENT AND FOREIGN AFFAIRS

TITLE I—ASYLUM REFORM AND BORDER

PROTECTION

SEC. 101. SAFE THIRD COUNTRY.

Section 208(a)(2)(A) of the Immigration and

Nationality Act (8 U.S.C. 1158(a)(2)(A)) is

amended—

(1) by striking ‘‘if the Attorney General de-

termines’’ and inserting ‘‘if the Attorney

General or the Secretary of Homeland Secu-

rity determines—’’;

(2) by striking ‘‘that the alien may be re-

moved’’ and inserting the following:

‘‘(i) that the alien may be removed’’;

(3) by striking ‘‘, pursuant to a bilateral or

multilateral agreement, to’’ and inserting

‘‘to’’;

(4) by inserting ‘‘or the Secretary, on a

case by case basis,’’ before ‘‘finds that’’;

(5) by striking the period at the end and in-

serting ‘‘; or’’; and

(6) by adding at the end the following:

‘‘(ii) that the alien entered, attempted to

enter, or arrived in the United States after

transiting through at least one country out-

side the alien’s country of citizenship, na-

tionality, or last lawful habitual residence

en route to the United States, unless—

‘‘(I) the alien demonstrates that he or she

applied for protection from persecution or

torture in at least one country outside the

alien’s country of citizenship, nationality, or

last lawful habitual residence through which

the alien transited en route to the United

States, and the alien received a final judg-

ment denying the alien protection in each

country;

‘‘(II) the alien demonstrates that he or she

was a victim of a severe form of trafficking

in which a commercial sex act was induced

by force, fraud, or coercion, or in which the

person induced to perform such act was

under the age of 18 years; or in which the

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trafficking included the recruitment, har-

boring, transportation, provision, or obtain-

ing of a person for labor or services through

the use of force, fraud, or coercion for the

purpose of subjection to involuntary ser-

vitude, peonage, debt bondage, or slavery,

and was unable to apply for protection from

persecution in each country through which

the alien transited en route to the United

States as a result of such severe form of traf-

ficking; or

‘‘(III) the only countries through which the

alien transited en route to the United States

were, at the time of the transit, not parties

to the 1951 United Nations Convention relat-

ing to the Status of Refugees, the 1967 Pro-

tocol Relating to the Status of Refugees, or

the United Nations Convention against Tor-

ture and Other Cruel, Inhuman or Degrading

Treatment or Punishment.’’.

SEC. 102. CREDIBLE FEAR INTERVIEWS.

Section 235(b)(1)(B)(v) of the Immigration

and Nationality Act (8 U.S.C. 1225(b)(1)(B)(v))

is amended by striking ‘‘there is a signifi-

cant possibility’’ and all that follows, and in-

serting ‘‘, taking into account the credibility

of the statements made by the alien in sup-

port of the alien’s claim, as determined pur-

suant to section 208(b)(1)(B)(iii), and such

other facts as are known to the officer, the

alien more likely than not could establish

eligibility for asylum under section 208, and

it is more likely than not that the state-

ments made by, and on behalf of, the alien in

support of the alien’s claim are true.’’.

SEC. 103. CLARIFICATION OF ASYLUM ELIGI-

BILITY.

(a) I

ENERAL

.—Section 208(b)(1)(A) of the

Immigration and Nationality Act (8 U.S.C.

1158(b)(1)(A)) is amended by inserting after

‘‘section 101(a)(42)(A)’’ the following: ‘‘(in ac-

cordance with the rules set forth in this sec-

tion), and is eligible to apply for asylum

under subsection (a)’’.

(b) P

LACE OF

RRIVAL

.—Section 208(a)(1) of

the Immigration and Nationality Act (8

U.S.C. 1158(a)(1)) is amended—

(1) by striking ‘‘or who arrives in the

United States (whether or not at a des-

ignated port of arrival and including an alien

who is brought to the United States after

having been interdicted in international or

United States waters),’’; and

(2) by inserting after ‘‘United States’’ the

following: ‘‘and has arrived in the United

States at a port of entry (including an alien

who is brought to the United States after

having been interdicted in international or

United States waters),’’.

SEC. 104. EXCEPTIONS.

Paragraph (2) of section 208(b) of the Immi-

gration and Nationality Act (8 U.S.C.

1158(b)(2)) is amended to read as follows:

‘‘(2) E

XCEPTIONS

.—

‘‘(A) I

N GENERAL

.—Paragraph (1) shall not

apply to an alien if the Secretary of Home-

land Security or the Attorney General deter-

mines that—

‘‘(i) the alien ordered, incited, assisted, or

otherwise participated in the persecution of

any person on account of race, religion, na-

tionality, membership in a particular social

group, or political opinion;

‘‘(ii) the alien has been convicted of any

felony under Federal, State, tribal, or local

law;

‘‘(iii) the alien has been convicted of any

misdemeanor offense under Federal, State,

tribal, or local law involving—

‘‘(I) the unlawful possession or use of an

identification document, authentication fea-

ture, or false identification document (as

those terms and phrases are defined in the

jurisdiction where the conviction occurred),

unless the alien can establish that the con-

viction resulted from circumstances showing

that—

‘‘(aa) the document or feature was pre-

sented before boarding a common carrier;

‘‘(bb) the document or feature related to

the alien’s eligibility to enter the United

States;

‘‘(cc) the alien used the document or fea-

ture to depart a country wherein the alien

has claimed a fear of persecution; and

‘‘(dd) the alien claimed a fear of persecu-

tion without delay upon presenting himself

or herself to an immigration officer upon ar-

rival at a United States port of entry;

‘‘(II) the unlawful receipt of a Federal pub-

lic benefit (as defined in section 401(c) of the

Personal Responsibility and Work Oppor-

tunity Reconciliation Act of 1996 (8 U.S.C.

1611(c))), from a Federal entity, or the unlaw-

ful receipt of similar public benefits from a

State, tribal, or local entity; or

‘‘(III) possession or trafficking of a con-

trolled substance or controlled substance

paraphernalia, as those phrases are defined

under the law of the jurisdiction where the

conviction occurred, other than a single of-

fense involving possession for one’s own use

of 30 grams or less of marijuana (as mari-

juana is defined under the law of the juris-

diction where the conviction occurred);

‘‘(iv) the alien has been convicted of an of-

fense arising under paragraph (1)(A) or (2) of

section 274(a), or under section 276;

‘‘(v) the alien has been convicted of a Fed-

eral, State, tribal, or local crime that the

Attorney General or Secretary of Homeland

Security knows, or has reason to believe,

was committed in support, promotion, or

furtherance of the activity of a criminal

street gang (as defined under the law of the

jurisdiction where the conviction occurred or

in section 521(a) of title 18, United States

Code);

‘‘(vi) the alien has been convicted of an of-

fense for driving while intoxicated or im-

paired, as those terms are defined under the

law of the jurisdiction where the conviction

occurred (including a conviction for driving

while under the influence of or impaired by

alcohol or drugs), without regard to whether

the conviction is classified as a misdemeanor

or felony under Federal, State, tribal, or

local law, in which such intoxicated or im-

paired driving was a cause of serious bodily

injury or death of another person;

‘‘(vii) the alien has been convicted of more

than one offense for driving while intoxi-

cated or impaired, as those terms are defined

under the law of the jurisdiction where the

conviction occurred (including a conviction

for driving while under the influence of or

impaired by alcohol or drugs), without re-

gard to whether the conviction is classified

as a misdemeanor or felony under Federal,

State, tribal, or local law;

‘‘(viii) the alien has been convicted of a

crime—

‘‘(I) that involves conduct amounting to a

crime of stalking;

‘‘(II) of child abuse, child neglect, or child

abandonment; or

‘‘(III) that involves conduct amounting to

a domestic assault or battery offense, includ-

ing—

‘‘(aa) a misdemeanor crime of domestic vi-

olence, as described in section 921(a)(33) of

title 18, United States Code;

‘‘(bb) a crime of domestic violence, as de-

scribed in section 40002(a)(12) of the Violence

Against Women Act of 1994 (34 U.S.C.

12291(a)(12)); or

‘‘(cc) any crime based on conduct in which

the alien harassed, coerced, intimidated, vol-

untarily or recklessly used (or threatened to

use) force or violence against, or inflicted

physical injury or physical pain, however

slight, upon a person—

‘‘(AA) who is a current or former spouse of

the alien;

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

‘‘(CC) who is cohabitating with, or who has

cohabitated with, the alien as a spouse;

‘‘(DD) who is similarly situated to a spouse

of the alien under the domestic or family vi-

olence laws of the jurisdiction where the of-

fense occurred; or

‘‘(EE) who is protected from that alien’s

acts under the domestic or family violence

laws of the United States or of any State,

tribal government, or unit of local govern-

ment;

‘‘(ix) the alien has engaged in acts of bat-

tery or extreme cruelty upon a person and

the person—

‘‘(I) is a current or former spouse of the

alien;

‘‘(II) shares a child with the alien;

‘‘(III) cohabitates or has cohabitated with

the alien as a spouse;

‘‘(IV) is similarly situated to a spouse of

the alien under the domestic or family vio-

lence laws of the jurisdiction where the of-

fense occurred; or

‘‘(V) is protected from that alien’s acts

under the domestic or family violence laws

of the United States or of any State, tribal

government, or unit of local government;

‘‘(x) the alien, having been convicted by a

final judgment of a particularly serious

crime, constitutes a danger to the commu-

nity of the United States;

‘‘(xi) there are serious reasons for believing

that the alien has committed a serious non-

political crime outside the United States

prior to the arrival of the alien in the United

States;

‘‘(xii) there are reasonable grounds for re-

garding the alien as a danger to the security

of the United States;

‘‘(xiii) the alien is described in subclause

(I), (II), (III), (IV), or (VI) of section

212(a)(3)(B)(i) or section 237(a)(4)(B) (relating

to terrorist activity), unless, in the case only

of an alien inadmissible under subclause (IV)

of section 212(a)(3)(B)(i), the Secretary of

Homeland Security or the Attorney General

determines, in the Secretary’s or the Attor-

ney General’s discretion, that there are not

reasonable grounds for regarding the alien as

a danger to the security of the United

States;

‘‘(xiv) the alien was firmly resettled in an-

other country prior to arriving in the United

States; or

‘‘(xv) there are reasonable grounds for con-

cluding the alien could avoid persecution by

relocating to another part of the alien’s

country of nationality or, in the case of an

alien having no nationality, another part of

the alien’s country of last habitual resi-

dence.

‘‘(B) S

PECIAL RULES

.—

‘‘(i) P

ARTICULARLY SERIOUS CRIME

;

SERIOUS

NONPOLITICAL CRIME OUTSIDE THE UNITED

STATES

.—

‘‘(I) I

N GENERAL

.—For purposes of subpara-

graph (A)(x), the Attorney General or Sec-

retary of Homeland Security, in their discre-

tion, may determine that a conviction con-

stitutes a particularly serious crime based

on—

‘‘(aa) the nature of the conviction;

‘‘(bb) the type of sentence imposed; or

‘‘(cc) the circumstances and underlying

facts of the conviction.

‘‘(II) D

ETERMINATION

.—In making a deter-

mination under subclause (I), the Attorney

General or Secretary of Homeland Security

may consider all reliable information and is

not limited to facts found by the criminal

court or provided in the underlying record of

conviction.

‘‘(III) T

REATMENT OF FELONIES

.—In making

a determination under subclause (I), an alien

who has been convicted of a felony (as de-

fined under this section) or an aggravated

felony (as defined under section 101(a)(43)),

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shall be considered to have been convicted of

a particularly serious crime.

‘‘(IV) I

NTERPOL RED NOTICE

.—In making a

determination under subparagraph (A)(xi),

an Interpol Red Notice may constitute reli-

able evidence that the alien has committed a

serious nonpolitical crime outside the

United States.

‘‘(ii) C

RIMES AND EXCEPTIONS

.—

‘‘(I) D

RIVING WHILE INTOXICATED OR IM

PAIRED

.—A finding under subparagraph

(A)(vi) does not require the Attorney General

or Secretary of Homeland Security to find

the first conviction for driving while intoxi-

cated or impaired (including a conviction for

driving while under the influence of or im-

paired by alcohol or drugs) as a predicate of-

fense. The Attorney General or Secretary of

Homeland Security need only make a factual

determination that the alien previously was

convicted for driving while intoxicated or

impaired as those terms are defined under

the jurisdiction where the conviction oc-

curred (including a conviction for driving

while under the influence of or impaired by

alcohol or drugs).

‘‘(II) S

TALKING AND OTHER CRIMES

.—In

making a determination under subparagraph

(A)(viii), including determining the existence

of a domestic relationship between the alien

and the victim, the underlying conduct of

the crime may be considered, and the Attor-

ney General or Secretary of Homeland Secu-

rity is not limited to facts found by the

criminal court or provided in the underlying

record of conviction.

‘‘(III) B

ATTERY OR EXTREME CRUELTY

.—In

making a determination under subparagraph

(A)(ix), the phrase ‘battery or extreme cru-

elty’ includes—

‘‘(aa) any act or threatened act of violence,

including any forceful detention, which re-

sults or threatens to result in physical or

mental injury;

‘‘(bb) psychological or sexual abuse or ex-

ploitation, including rape, molestation, in-

cest, or forced prostitution, shall be consid-

ered acts of violence; and

‘‘(cc) other abusive acts, including acts

that, in and of themselves, may not initially

appear violent, but that are a part of an

overall pattern of violence.

‘‘(IV) E

XCEPTION FOR VICTIMS OF DOMESTIC

VIOLENCE

.—An alien who was convicted of an

offense described in clause (viii) or (ix) of

subparagraph (A) is not ineligible for asylum

on that basis if the alien satisfies the cri-

teria under section 237(a)(7)(A).

‘‘(C) S

PECIFIC CIRCUMSTANCES

.—Paragraph

(1) shall not apply to an alien whose claim is

based on—

‘‘(i) personal animus or retribution, includ-

ing personal animus in which the alleged

persecutor has not targeted, or manifested

an animus against, other members of an al-

leged particular social group in addition to

the member who has raised the claim at

issue;

‘‘(ii) the applicant’s generalized dis-

approval of, disagreement with, or opposi-

tion to criminal, terrorist, gang, guerilla, or

other non-state organizations absent expres-

sive behavior in furtherance of a discrete

cause against such organizations related to

control of a State or expressive behavior

that is antithetical to the State or a legal

unit of the State;

‘‘(iii) the applicant’s resistance to recruit-

ment or coercion by guerrilla, criminal,

gang, terrorist, or other non-state organiza-

tions;

‘‘(iv) the targeting of the applicant for

criminal activity for financial gain based on

wealth or affluence or perceptions of wealth

or affluence;

‘‘(v) the applicant’s criminal activity; or

‘‘(vi) the applicant’s perceived, past or

present, gang affiliation.

‘‘(D) D

EFINITIONS AND CLARIFICATIONS

.—

‘‘(i) D

EFINITIONS

.—For purposes of this

paragraph:

‘‘(I) F

ELONY

.—The term ‘felony’ means—

‘‘(aa) any crime defined as a felony by the

relevant jurisdiction (Federal, State, tribal,

or local) of conviction; or

‘‘(bb) any crime punishable by more than

one year of imprisonment.

‘‘(II) M

ISDEMEANOR

.—The term ‘mis-

demeanor’ means—

‘‘(aa) any crime defined as a misdemeanor

by the relevant jurisdiction (Federal, State,

tribal, or local) of conviction; or

‘‘(bb) any crime not punishable by more

than one year of imprisonment.

‘‘(ii) C

LARIFICATIONS

.—

‘‘(I) C

ONSTRUCTION

.—For purposes of this

paragraph, whether any activity or convic-

tion also may constitute a basis for removal

is immaterial to a determination of asylum

eligibility.

‘‘(II) A

TTEMPT

CONSPIRACY

OR SOLICITA

TION

.—For purposes of this paragraph, all

references to a criminal offense or criminal

conviction shall be deemed to include any

attempt, conspiracy, or solicitation to com-

mit the offense or any other inchoate form of

the offense.

‘‘(III) E

FFECT OF CERTAIN ORDERS

.—

‘‘(aa) I

N GENERAL

.—No order vacating a

conviction, modifying a sentence, clarifying

a sentence, or otherwise altering a convic-

tion or sentence shall have any effect under

this paragraph unless the Attorney General

or Secretary of Homeland Security deter-

mines that—

‘‘(AA) the court issuing the order had juris-

diction and authority to do so; and

‘‘(BB) the order was not entered for reha-

bilitative purposes or for purposes of amelio-

rating the immigration consequences of the

conviction or sentence.

‘‘(bb) A

MELIORATING IMMIGRATION CON

SEQUENCES

.—For purposes of item (aa)(BB),

the order shall be presumed to be for the pur-

pose of ameliorating immigration con-

sequences if—

‘‘(AA) the order was entered after the initi-

ation of any proceeding to remove the alien

from the United States; or

‘‘(BB) the alien moved for the order more

than one year after the date of the original

order of conviction or sentencing, whichever

is later.

‘‘(cc) A

UTHORITY OF IMMIGRATION JUDGE

.—

An immigration judge is not limited to con-

sideration only of material included in any

order vacating a conviction, modifying a

sentence, or clarifying a sentence to deter-

mine whether such order should be given any

effect under this paragraph, but may con-

sider such additional information as the im-

migration judge determines appropriate.

‘‘(E) A

DDITIONAL LIMITATIONS

.—The Sec-

retary of Homeland Security or the Attorney

General may by regulation establish addi-

tional limitations and conditions, consistent

with this section, under which an alien shall

be ineligible for asylum under paragraph (1).

‘‘(F) N

O JUDICIAL REVIEW

.—There shall be

no judicial review of a determination of the

Secretary of Homeland Security or the At-

torney General under subparagraph

(A)(xiii).’’.

SEC. 105. EMPLOYMENT AUTHORIZATION.

Paragraph (2) of section 208(d) of the Immi-

gration and Nationality Act (8 U.S.C. 1158(d))

is amended to read as follows:

‘‘(2) E

MPLOYMENT AUTHORIZATION

.—

‘‘(A) A

UTHORIZATION PERMITTED

.—An appli-

cant for asylum is not entitled to employ-

ment authorization, but such authorization

may be provided under regulation by the

Secretary of Homeland Security. An appli-

cant who is not otherwise eligible for em-

ployment authorization shall not be granted

such authorization prior to the date that is

180 days after the date of filing of the appli-

cation for asylum.

‘‘(B) T

ERMINATION

.—Each grant of employ-

ment authorization under subparagraph (A),

and any renewal or extension thereof, shall

be valid for a period of 6 months, except that

such authorization, renewal, or extension

shall terminate prior to the end of such 6

month period as follows:

‘‘(i) Immediately following the denial of an

asylum application by an asylum officer, un-

less the case is referred to an immigration

judge.

‘‘(ii) 30 days after the date on which an im-

migration judge denies an asylum applica-

tion, unless the alien timely appeals to the

Board of Immigration Appeals.

‘‘(iii) Immediately following the denial by

the Board of Immigration Appeals of an ap-

peal of a denial of an asylum application.

‘‘(C) R

ENEWAL

.—The Secretary of Home-

land Security may not grant, renew, or ex-

tend employment authorization to an alien if

the alien was previously granted employ-

ment authorization under subparagraph (A),

and the employment authorization was ter-

minated pursuant to a circumstance de-

scribed in subparagraph (B)(i), (ii), or (iii),

unless a Federal court of appeals remands

the alien’s case to the Board of Immigration

Appeals.

‘‘(D) I

NELIGIBILITY

.—The Secretary of

Homeland Security may not grant employ-

ment authorization to an alien under this

paragraph if the alien—

‘‘(i) is ineligible for asylum under sub-

section (b)(2)(A); or

‘‘(ii) entered or attempted to enter the

United States at a place and time other than

lawfully through a United States port of

entry.’’.

SEC. 106. ASYLUM FEES.

Paragraph (3) of section 208(d) of the Immi-

gration and Nationality Act (8 U.S.C. 1158(d))

is amended to read as follows:

‘‘(3) F

EES

.—

‘‘(A) A

PPLICATION FEE

.—A fee of not less

than $50 for each application for asylum

shall be imposed. Such fee shall not exceed

the cost of adjudicating the application.

Such fee shall not apply to an unaccom-

panied alien child who files an asylum appli-

cation in proceedings under section 240.

‘‘(B) E

MPLOYMENT AUTHORIZATION

.—A fee

may also be imposed for the consideration of

an application for employment authorization

under this section and for adjustment of sta-

tus under section 209(b). Such a fee shall not

exceed the cost of adjudicating the applica-

tion.

‘‘(C) P

AYMENT

.—Fees under this paragraph

may be assessed and paid over a period of

time or by installments.

‘‘(D) R

ULE OF CONSTRUCTION

.—Nothing in

this paragraph shall be construed to limit

the authority of the Attorney General or

Secretary of Homeland Security to set adju-

dication and naturalization fees in accord-

ance with section 286(m).’’.

SEC. 107. RULES FOR DETERMINING ASYLUM ELI-

GIBILITY.

Section 208 of the Immigration and Nation-

ality Act (8 U.S.C. 1158) is amended by add-

ing at the end the following:

‘‘(f) R

ULES FOR

ETERMINING

SYLUM

LIGI

BILITY

.—In making a determination under

subsection (b)(1)(A) with respect to whether

an alien is a refugee within the meaning of

section 101(a)(42)(A), the following shall

apply:

‘‘(1) P

ARTICULAR SOCIAL GROUP

.—The Sec-

retary of Homeland Security or the Attorney

General shall not determine that an alien is

a member of a particular social group unless

the alien articulates on the record, or pro-

vides a basis on the record for determining,

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the definition and boundaries of the alleged

particular social group, establishes that the

particular social group exists independently

from the alleged persecution, and establishes

that the alien’s claim of membership in a

particular social group does not involve—

‘‘(A) past or present criminal activity or

association (including gang membership);

‘‘(B) presence in a country with generalized

violence or a high crime rate;

‘‘(C) being the subject of a recruitment ef-

fort by criminal, terrorist, or persecutory

groups;

‘‘(D) the targeting of the applicant for

criminal activity for financial gain based on

perceptions of wealth or affluence;

‘‘(E) interpersonal disputes of which gov-

ernmental authorities in the relevant soci-

ety or region were unaware or uninvolved;

‘‘(F) private criminal acts of which govern-

mental authorities in the relevant society or

region were unaware or uninvolved;

‘‘(G) past or present terrorist activity or

association;

‘‘(H) past or present persecutory activity

or association; or

‘‘(I) status as an alien returning from the

United States.

‘‘(2) P

OLITICAL OPINION

.—The Secretary of

Homeland Security or the Attorney General

may not determine that an alien holds a po-

litical opinion with respect to which the

alien is subject to persecution if the political

opinion is constituted solely by generalized

disapproval of, disagreement with, or opposi-

tion to criminal, terrorist, gang, guerilla, or

other non-state organizations and does not

include expressive behavior in furtherance of

a cause against such organizations related to

efforts by the State to control such organiza-

tions or behavior that is antithetical to or

otherwise opposes the ruling legal entity of

the State or a unit thereof.

‘‘(3) P

ERSECUTION

.—The Secretary of

Homeland Security or the Attorney General

may not determine that an alien has been

subject to persecution or has a well-founded

fear of persecution based only on—

‘‘(A) the existence of laws or government

policies that are unenforced or infrequently

enforced, unless there is credible evidence

that such a law or policy has been or would

be applied to the applicant personally; or

‘‘(B) the conduct of rogue foreign govern-

ment officials acting outside the scope of

their official capacity.

‘‘(4) D

ISCRETIONARY DETERMINATION

.—

‘‘(A) A

DVERSE DISCRETIONARY FACTORS

.—

The Secretary of Homeland Security or the

Attorney General may only grant asylum to

an alien if the alien establishes that he or

she warrants a favorable exercise of discre-

tion. In making such a determination, the

Attorney General or Secretary of Homeland

Security shall consider, if applicable, an

alien’s use of fraudulent documents to enter

the United States, unless the alien arrived in

the United States by air, sea, or land di-

rectly from the applicant’s home country

without transiting through any other coun-

try.

‘‘(B) F

AVORABLE EXERCISE OF DISCRETION

NOT PERMITTED

.—Except as provided in sub-

paragraph (C), the Attorney General or Sec-

retary of Homeland Security shall not favor-

ably exercise discretion under this section

for any alien who—

‘‘(i) has accrued more than one year of un-

lawful presence in the United States, as de-

fined in sections 212(a)(9)(B)(ii) and (iii),

prior to filing an application for asylum;

‘‘(ii) at the time the asylum application is

filed with the immigration court or is re-

ferred from the Department of Homeland Se-

curity, has—

‘‘(I) failed to timely file (or timely file a

request for an extension of time to file) any

required Federal, State, or local income tax

returns;

‘‘(II) failed to satisfy any outstanding Fed-

eral, State, or local tax obligations; or

‘‘(III) income that would result in tax li-

ability under section 1 of the Internal Rev-

enue Code of 1986 and that was not reported

to the Internal Revenue Service;

‘‘(iii) has had two or more prior asylum ap-

plications denied for any reason;

‘‘(iv) has withdrawn a prior asylum appli-

cation with prejudice or been found to have

abandoned a prior asylum application;

‘‘(v) failed to attend an interview regarding

his or her asylum application with the De-

partment of Homeland Security, unless the

alien shows by a preponderance of the evi-

dence that—

‘‘(I) exceptional circumstances prevented

the alien from attending the interview; or

‘‘(II) the interview notice was not mailed

to the last address provided by the alien or

the alien’s representative and neither the

alien nor the alien’s representative received

notice of the interview; or

‘‘(vi) was subject to a final order of re-

moval, deportation, or exclusion and did not

file a motion to reopen to seek asylum based

on changed country conditions within one

year of the change in country conditions.

‘‘(C) E

XCEPTIONS

.—If one or more of the ad-

verse discretionary factors set forth in sub-

paragraph (B) are present, the Attorney Gen-

eral or the Secretary, may, notwithstanding

such subparagraph (B), favorably exercise

discretion under section 208—

‘‘(i) in extraordinary circumstances, such

as those involving national security or for-

eign policy considerations; or

‘‘(ii) if the alien, by clear and convincing

evidence, demonstrates that the denial of the

application for asylum would result in excep-

tional and extremely unusual hardship to

the alien.

‘‘(5) L

IMITATION

.—If the Secretary or the

Attorney General determines that an alien

fails to satisfy the requirement under para-

graph (1), the alien may not be granted asy-

lum based on membership in a particular so-

cial group, and may not appeal the deter-

mination of the Secretary or Attorney Gen-

eral, as applicable. A determination under

this paragraph shall not serve as the basis

for any motion to reopen or reconsider an

application for asylum or withholding of re-

moval for any reason, including a claim of

ineffective assistance of counsel, unless the

alien complies with the procedural require-

ments for such a motion and demonstrates

that counsel’s failure to define, or provide a

basis for defining, a formulation of a par-

ticular social group was both not a strategic

choice and constituted egregious conduct.

‘‘(6) S

TEREOTYPES

.—Evidence offered in

support of an application for asylum that

promotes cultural stereotypes about a coun-

try, its inhabitants, or an alleged persecutor,

including stereotypes based on race, religion,

nationality, or gender, shall not be admis-

sible in adjudicating that application, except

that evidence that an alleged persecutor

holds stereotypical views of the applicant

shall be admissible.

‘‘(7) D

EFINITIONS

.—In this section:

‘‘(A) The term ‘membership in a particular

social group’ means membership in a group

that is—

‘‘(i) composed of members who share a

common immutable characteristic;

‘‘(ii) defined with particularity; and

‘‘(iii) socially distinct within the society in

question.

‘‘(B) The term ‘political opinion’ means an

ideal or conviction in support of the further-

ance of a discrete cause related to political

control of a state or a unit thereof.

‘‘(C) The term ‘persecution’ means the in-

fliction of a severe level of harm consti-

tuting an exigent threat by the government

of a country or by persons or an organization

that the government was unable or unwilling

to control. Such term does not include—

‘‘(i) generalized harm or violence that

arises out of civil, criminal, or military

strife in a country;

‘‘(ii) all treatment that the United States

regards as unfair, offensive, unjust, unlawful,

or unconstitutional;

‘‘(iii) intermittent harassment, including

brief detentions;

‘‘(iv) threats with no actual effort to carry

out the threats, except that particularized

threats of severe harm of an immediate and

menacing nature made by an identified enti-

ty may constitute persecution; or

‘‘(v) non-severe economic harm or property

damage.’’.

SEC. 108. FIRM RESETTLEMENT.

Section 208 of the Immigration and Nation-

ality Act (8 U.S.C. 1158), as amended by this

title, is further amended by adding at the

end the following:

‘‘(g) F

IRM

ESETTLEMENT

.—In determining

whether an alien was firmly resettled in an-

other country prior to arriving in the United

States under subsection (b)(2)(A)(xiv), the

following shall apply:

‘‘(1) I

N GENERAL

.—An alien shall be consid-

ered to have firmly resettled in another

country if, after the events giving rise to the

alien’s asylum claim—

‘‘(A) the alien resided in a country through

which the alien transited prior to arriving in

or entering the United States and—

‘‘(i) received or was eligible for any perma-

nent legal immigration status in that coun-

try;

‘‘(ii) resided in such a country with any

non-permanent but indefinitely renewable

legal immigration status (including asylee,

refugee, or similar status, but excluding sta-

tus of a tourist); or

‘‘(iii) resided in such a country and could

have applied for and obtained an immigra-

tion status described in clause (ii);

‘‘(B) the alien physically resided volun-

tarily, and without continuing to suffer per-

secution or torture, in any one country for

one year or more after departing his country

of nationality or last habitual residence and

prior to arrival in or entry into the United

States, except for any time spent in Mexico

by an alien who is not a native or citizen of

Mexico solely as a direct result of being re-

turned to Mexico pursuant to section

235(b)(3) or of being subject to metering; or

‘‘(C) the alien is a citizen of a country

other than the country in which the alien al-

leges a fear of persecution, or was a citizen

of such a country in the case of an alien who

renounces such citizenship, and the alien was

present in that country after departing his

country of nationality or last habitual resi-

dence and prior to arrival in or entry into

the United States.

‘‘(2) B

URDEN OF PROOF

.—If an immigration

judge determines that an alien has firmly re-

settled in another country under paragraph

(1), the alien shall bear the burden of proving

the bar does not apply.

‘‘(3) F

IRM RESETTLEMENT OF PARENT

.—An

alien shall be presumed to have been firmly

resettled in another country if the alien’s

parent was firmly resettled in another coun-

try, the parent’s resettlement occurred be-

fore the alien turned 18 years of age, and the

alien resided with such parent at the time of

the firm resettlement, unless the alien estab-

lishes that he or she could not have derived

any permanent legal immigration status or

any non-permanent but indefinitely renew-

able legal immigration status (including asy-

lum, refugee, or similar status, but excluding

status of a tourist) from the alien’s parent.’’.

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CONGRESSIONAL RECORD — HOUSE H4883 September 29, 2023

SEC. 109. NOTICE CONCERNING FRIVOLOUS ASY-

LUM APPLICATIONS.

(a) I

ENERAL

.—Section 208(d)(4) of the

Immigration and Nationality Act (8 U.S.C.

1158(d)(4)) is amended—

(1) in the matter preceding subparagraph

(A), by inserting ‘‘the Secretary of Homeland

Security or’’ before ‘‘the Attorney General’’;

(2) in subparagraph (A), by striking ‘‘and of

the consequences, under paragraph (6), of

knowingly filing a frivolous application for

asylum; and’’ and inserting a semicolon;

(3) in subparagraph (B), by striking the pe-

riod and inserting ‘‘; and’’; and

(4) by adding at the end the following:

‘‘(C) ensure that a written warning appears

on the asylum application advising the alien

of the consequences of filing a frivolous ap-

plication and serving as notice to the alien

of the consequence of filing a frivolous appli-

cation.’’.

(b) C

ONFORMING

MENDMENT

.—Section

208(d)(6) of the Immigration and Nationality

Act (8 U.S.C. 1158(d)(6)) is amended by strik-

ing ‘‘If the’’ and all that follows and insert-

ing:

‘‘(A) I

N GENERAL

.—If the Secretary of

Homeland Security or the Attorney General

determines that an alien has knowingly

made a frivolous application for asylum and

the alien has received the notice under para-

graph (4)(C), the alien shall be permanently

ineligible for any benefits under this chap-

ter, effective as the date of the final deter-

mination of such an application.

‘‘(B) C

RITERIA

.—An application is frivolous

if the Secretary of Homeland Security or the

Attorney General determines, consistent

with subparagraph (C), that—

‘‘(i) it is so insufficient in substance that it

is clear that the applicant knowingly filed

the application solely or in part to delay re-

moval from the United States, to seek em-

ployment authorization as an applicant for

asylum pursuant to regulations issued pursu-

ant to paragraph (2), or to seek issuance of a

Notice to Appear in order to pursue Can-

cellation of Removal under section 240A(b);

‘‘(ii) any of the material elements are

knowingly fabricated.

‘‘(C) S

UFFICIENT OPPORTUNITY TO CLARIFY

.—

In determining that an application is frivo-

lous, the Secretary or the Attorney General,

must be satisfied that the applicant, during

the course of the proceedings, has had suffi-

cient opportunity to clarify any discrep-

ancies or implausible aspects of the claim.

‘‘(D) W

ITHHOLDING OF REMOVAL NOT PRE

CLUDED

.—For purposes of this section, a find-

ing that an alien filed a frivolous asylum ap-

plication shall not preclude the alien from

seeking withholding of removal under sec-

tion 241(b)(3) or protection pursuant to the

Convention Against Torture.’’.

SEC. 110. TECHNICAL AMENDMENTS.

Section 208 of the Immigration and Nation-

ality Act (8 U.S.C. 1158) is amended—

(1) in subsection (a)—

(A) in paragraph (2)(D), by inserting ‘‘Sec-

retary of Homeland Security or the’’ before

‘‘Attorney General’’; and

(B) in paragraph (3), by inserting ‘‘Sec-

retary of Homeland Security or the’’ before

‘‘Attorney General’’;

(2) in subsection (c)—

(A) in paragraph (1), by striking ‘‘Attorney

General’’ each place such term appears and

inserting ‘‘Secretary of Homeland Security’’;

(B) in paragraph (2), in the matter pre-

ceding subparagraph (A), by inserting ‘‘Sec-

retary of Homeland Security or the’’ before

‘‘Attorney General’’; and

retary of Homeland Security or the’’ before

‘‘Attorney General’’; and

(3) in subsection (d)—

(A) in paragraph (1), by inserting ‘‘Sec-

retary of Homeland Security or the’’ before

‘‘Attorney General’’ each place such term

appears; and

(B) in paragraph (5)—

(i) in subparagraph (A), by striking ‘‘Attor-

ney General’’ and inserting ‘‘Secretary of

Homeland Security’’; and

(ii) in subparagraph (B), by inserting ‘‘Sec-

retary of Homeland Security or the’’ before

‘‘Attorney General’’.

SEC. 111. REQUIREMENT FOR PROCEDURES RE-

LATING TO CERTAIN ASYLUM APPLI-

CATIONS.

(a) I

ENERAL

.—Not later than 30 days

after the date of the enactment of this Act,

the Attorney General shall establish proce-

dures to expedite the adjudication of asylum

applications for aliens—

(1) who are subject to removal proceedings

under section 240 of the Immigration and Na-

tionality Act (8 U.S.C. 1229a); and

(2) who are nationals of a Western Hemi-

sphere country sanctioned by the United

States, as described in subsection (b), as of

January 1, 2023.

(b) W

ESTERN

EMISPHERE

OUNTRY

ANC

TIONED BY THE

NITED

TATES

ESCRIBED

.—

Subsection (a) shall apply only to an asylum

application filed by an alien who is a na-

tional of a Western Hemisphere country sub-

ject to sanctions pursuant to—

(1) the Cuban Liberty and Democratic Soli-

darity (LIBERTAD) Act of 1996 (22 U.S.C.

6021 note);

(2) the Reinforcing Nicaragua’s Adherence

to Conditions for Electoral Reform Act of

2021 or the RENACER Act (50 U.S.C. 1701

note); or

(3) Executive Order 13692 (80 Fed. Reg.

12747; declaring a national emergency with

respect to the situation in Venezuela).

PPLICABILITY

.—This section shall only

apply to an alien who files an application for

asylum after the date of the enactment of

this Act.

TITLE II—BORDER SAFETY AND MIGRANT

PROTECTION

SEC. 201. INSPECTION OF APPLICANTS FOR AD-

MISSION.

Section 235 of the Immigration and Nation-

ality Act (8 U.S.C. 1225) is amended—

(1) in subsection (b)—

(A) in paragraph (1)—

(i) in subparagraph (A)—

(I) in clauses (i) and (ii), by striking ‘‘sec-

tion 212(a)(6)(C)’’ inserting ‘‘subparagraph

(A) or (C) of section 212(a)(6)’’; and

(II) by adding at the end the following:

‘‘(iv) I

NELIGIBILITY FOR PAROLE

.—An alien

described in clause (i) or (ii) shall not be eli-

gible for parole except as expressly author-

ized pursuant to section 212(d)(5), or for pa-

role or release pursuant to section 236(a).’’;

and

(ii) in subparagraph (B)—

(I) in clause (ii), by striking ‘‘asylum.’’ and

inserting ‘‘asylum and shall not be released

(including pursuant to parole or release pur-

suant to section 236(a) but excluding as ex-

pressly authorized pursuant to section

212(d)(5)) other than to be removed or re-

turned to a country as described in para-

graph (3).’’; and

(II) in clause (iii)(IV)—

(aa) in the header by striking ‘‘

DETENTION

’’

and inserting ‘‘

DETENTION

RETURN

OR RE

MOVAL

’’; and

(bb) by adding at the end the following:

‘‘The alien shall not be released (including

pursuant to parole or release pursuant to

section 236(a) but excluding as expressly au-

thorized pursuant to section 212(d)(5)) other

than to be removed or returned to a country

as described in paragraph (3).’’;

(B) in paragraph (2)—

(i) in subparagraph (A)—

(I) by striking ‘‘Subject to subparagraphs

(B) and (C),’’ and inserting ‘‘Subject to sub-

paragraph (B) and paragraph (3),’’; and

(II) by adding at the end the following:

‘‘The alien shall not be released (including

pursuant to parole or release pursuant to

section 236(a) but excluding as expressly au-

thorized pursuant to section 212(d)(5)) other

than to be removed or returned to a country

as described in paragraph (3).’’; and

(ii) by striking subparagraph (C);

graph (5); and

(D) by inserting after paragraph (2) the fol-

lowing:

‘‘(3) R

ETURN TO FOREIGN TERRITORY CONTIG

UOUS TO THE UNITED STATES

.—

‘‘(A) I

N GENERAL

.—The Secretary of Home-

land Security may return to a foreign terri-

tory contiguous to the United States any

alien arriving on land from that territory

(whether or not at a designated port of

entry) pending a proceeding under section

240 or review of a determination under sub-

section (b)(1)(B)(iii)(III).

‘‘(B) M

ANDATORY RETURN

.—If at any time

the Secretary of Homeland Security can-

not—

‘‘(i) comply with its obligations to detain

an alien as required under clauses (ii) and

(iii)(IV) of subsection (b)(1)(B) and sub-

section (b)(2)(A); or

‘‘(ii) remove an alien to a country de-

scribed in section 208(a)(2)(A),

the Secretary of Homeland Security shall,

without exception, including pursuant to pa-

role or release pursuant to section 236(a) but

excluding as expressly authorized pursuant

to section 212(d)(5), return to a foreign terri-

tory contiguous to the United States any

alien arriving on land from that territory

(whether or not at a designated port of

entry) pending a proceeding under section

240 or review of a determination under sub-

section (b)(1)(B)(iii)(III).

‘‘(4) E

NFORCEMENT BY STATE ATTORNEYS

GENERAL

.—The attorney general of a State,

or other authorized State officer, alleging a

violation of the detention, return, or re-

moval requirements under paragraph (1), (2),

or (3) that affects such State or its residents,

may bring an action against the Secretary of

Homeland Security on behalf of the residents

of the State in an appropriate United States

district court to obtain appropriate injunc-

tive relief.’’; and

(2) by adding at the end the following:

‘‘(e) A

UTHORITY

ROHIBIT

NTRODUCTION

ERTAIN

LIENS

.—If the Secretary of

Homeland Security determines, in his discre-

tion, that the prohibition of the introduction

of aliens who are inadmissible under sub-

paragraph (A) or (C) of section 212(a)(6) or

under section 212(a)(7) at an international

land or maritime border of the United States

is necessary to achieve operational control

(as defined in section 2 of the Secure Fence

Act of 2006 (8 U.S.C. 1701 note)) of such bor-

der, the Secretary may prohibit, in whole or

in part, the introduction of such aliens at

such border for such period of time as the

Secretary determines is necessary for such

purpose.’’.

SEC. 202. OPERATIONAL DETENTION FACILITIES.

(a) I

ENERAL

.—Not later than September

30, 2023, the Secretary of Homeland Security

shall take all necessary actions to reopen or

restore all U.S. Immigration and Customs

Enforcement detention facilities that were

in operation on January 20, 2021, that subse-

quently closed or with respect to which the

use was altered, reduced, or discontinued

after January 20, 2021. In carrying out the re-

quirement under this subsection, the Sec-

retary may use the authority under section

103(a)(11) of the Immigration and Nationality

Act (8 U.S.C. 1103(a)(11)).

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CONGRESSIONAL RECORD — HOUSEH4884 September 29, 2023

(b) S

PECIFIC

ACILITIES

.—The requirement

under subsection (a) shall include at a min-

imum, reopening, or restoring, the following

facilities:

(1) Irwin County Detention Center in Geor-

gia.

(2) C. Carlos Carreiro Immigration Deten-

tion Center in Bristol County, Massachu-

setts.

(3) Etowah County Detention Center in

Gadsden, Alabama.

(4) Glades County Detention Center in

Moore Haven, Florida.

(5) South Texas Family Residential Center.

XCEPTION

.—

(1) I

N GENERAL

.—Except as provided in

paragraphs (2) and (3), the Secretary of

Homeland Security is authorized to obtain

equivalent capacity for detention facilities

at locations other than those listed in sub-

section (b).

(2) L

IMITATION

.—The Secretary may not

take action under paragraph (1) unless the

capacity obtained would result in a reduc-

tion of time and cost relative to the cost and

time otherwise required to obtain such ca-

pacity.

(3) S

OUTH TEXAS FAMILY RESIDENTIAL CEN

TER

.—The exception under paragraph (1)

shall not apply to the South Texas Family

Residential Center. The Secretary shall take

all necessary steps to modify and operate the

South Texas Family Residential Center in

the same manner and capability it was oper-

ating on January 20, 2021.

(d) P

ERIODIC

EPORT

.—Not later than 90

days after the date of the enactment of this

Act, and every 90 days thereafter until Sep-

tember 30, 2027, the Secretary of Homeland

Security shall submit to the appropriate

congressional committees a detailed plan for

and a status report on—

(1) compliance with the deadline under

subsection (a);

(2) the increase in detention capabilities

required by this section—

(A) for the 90-day period immediately pre-

ceding the date such report is submitted; and

(B) for the period beginning on the first

day of the fiscal year during which the re-

port is submitted, and ending on the date

such report is submitted;

(3) the number of detention beds that were

used and the number of available detention

beds that were not used during—

(A) the 90-day period immediately pre-

ceding the date such report is submitted; and

(B) the period beginning on the first day of

the fiscal year during which the report is

submitted, and ending on the date such re-

port is submitted;

(4) the number of aliens released due to a

lack of available detention beds; and

(5) the resources the Department of Home-

land Security needs in order to comply with

the requirements under this section.

(e) N

OTIFICATION

.—The Secretary of Home-

land Security shall notify Congress, and in-

clude with such notification a detailed de-

scription of the resources the Department of

Homeland Security needs in order to detain

all aliens whose detention is mandatory or

nondiscretionary under the Immigration and

Nationality Act (8 U.S.C. 1101 et seq.)—

(1) not later than 5 days after all U.S. Im-

migration and Customs Enforcement deten-

tion facilities reach 90 percent of capacity;

(2) not later than 5 days after all U.S. Im-

migration and Customs Enforcement deten-

tion facilities reach 95 percent of capacity;

and

(3) not later than 5 days after all U.S. Im-

migration and Customs Enforcement deten-

tion facilities reach full capacity.

(f) A

PPROPRIATE

ONGRESSIONAL

OMMIT

TEES

.—In this section, the term ‘‘appropriate

congressional committees’’ means—

(1) the Committee on the Judiciary of the

House of Representatives;

(2) the Committee on Appropriations of the

House of Representatives;

(3) the Committee on the Judiciary of the

Senate; and

(4) the Committee on Appropriations of the

Senate.

TITLE III—PREVENTING UNCONTROLLED

MIGRATION FLOWS IN THE WESTERN

HEMISPHERE

SEC. 301. UNITED STATES POLICY REGARDING

WESTERN HEMISPHERE COOPERA-

TION ON IMMIGRATION AND ASY-

LUM.

It is the policy of the United States to

enter into agreements, accords, and memo-

randa of understanding with countries in the

Western Hemisphere, the purposes of which

are to advance the interests of the United

States by reducing costs associated with ille-

gal immigration and to protect the human

capital, societal traditions, and economic

growth of other countries in the Western

Hemisphere. It is further the policy of the

United States to ensure that humanitarian

and development assistance funding aimed

at reducing illegal immigration is not ex-

pended on programs that have not proven to

reduce illegal immigrant flows in the aggre-

gate.

SEC. 302. NEGOTIATIONS BY SECRETARY OF

STATE.

(a) A

UTHORIZATION

EGOTIATE

.—The

Secretary of State shall seek to negotiate

agreements, accords, and memoranda of un-

derstanding between the United States, Mex-

ico, Honduras, El Salvador, Guatemala, and

other countries in the Western Hemisphere

with respect to cooperation and burden shar-

ing required for effective regional immigra-

tion enforcement, expediting legal claims by

aliens for asylum, and the processing, deten-

tion, and repatriation of foreign nationals

seeking to enter the United States unlaw-

fully. Such agreements shall be designed to

facilitate a regional approach to immigra-

tion enforcement and shall, at a minimum,

provide that—

(1) the Government of Mexico authorize

and accept the rapid entrance into Mexico of

nationals of countries other than Mexico

who seek asylum in Mexico, and process the

asylum claims of such nationals inside Mex-

ico, in accordance with both domestic law

and international treaties and conventions

governing the processing of asylum claims;

(2) the Government of Mexico authorize

and accept both the rapid entrance into Mex-

ico of all nationals of countries other than

Mexico who are ineligible for asylum in Mex-

ico and wish to apply for asylum in the

United States, whether or not at a port of

entry, and the continued presence of such

nationals in Mexico while they wait for the

adjudication of their asylum claims to con-

clude in the United States;

(3) the Government of Mexico commit to

provide the individuals described in para-

graphs (1) and (2) with appropriate humani-

tarian protections;

(4) the Government of Honduras, the Gov-

ernment of El Salvador, and the Government

of Guatemala each authorize and accept the

entrance into the respective countries of na-

tionals of other countries seeking asylum in

the applicable such country and process such

claims in accordance with applicable domes-

tic law and international treaties and con-

ventions governing the processing of asylum

claims;

(5) the Government of the United States

commit to work to accelerate the adjudica-

tion of asylum claims and to conclude re-

moval proceedings in the wake of asylum ad-

judications as expeditiously as possible;

(6) the Government of the United States

commit to continue to assist the govern-

ments of countries in the Western Hemi-

sphere, such as the Government of Honduras,

the Government of El Salvador, and the Gov-

ernment of Guatemala, by supporting the en-

hancement of asylum capacity in those coun-

tries; and

(7) the Government of the United States

commit to monitoring developments in hem-

ispheric immigration trends and regional

asylum capabilities to determine whether

additional asylum cooperation agreements

are warranted.

(b) N

OTIFICATION IN

CCORDANCE

ITH

ASE

-Z

ABLOCKI

.—The Secretary of State

shall, in accordance with section 112b of title

1, United States Code, promptly inform the

relevant congressional committees of each

agreement entered into pursuant to sub-

section (a). Such notifications shall be sub-

mitted not later than 48 hours after such

agreements are signed.

LIEN

EFINED

.—In this section, the

term ‘‘alien’’ has the meaning given such

term in section 101 of the Immigration and

Nationality Act (8 U.S.C. 1101).

SEC. 303. MANDATORY BRIEFINGS ON UNITED

STATES EFFORTS TO ADDRESS THE

BORDER CRISIS.

(a) B

RIEFING

EQUIRED

.—Not later than 90

days after the date of the enactment of this

Act, and not less frequently than once every

90 days thereafter until the date described in

subsection (b), the Secretary of State, or the

designee of the Secretary of State, shall pro-

vide to the appropriate congressional com-

mittees an in-person briefing on efforts un-

dertaken pursuant to the negotiation au-

thority provided by section 302 of this title

to monitor, deter, and prevent illegal immi-

gration to the United States, including by

entering into agreements, accords, and

memoranda of understanding with foreign

countries and by using United States foreign

assistance to stem the root causes of migra-

tion in the Western Hemisphere.

(b) T

ERMINATION OF

ANDATORY

RIEF

ING

.—The date described in this subsection is

the date on which the Secretary of State, in

consultation with the heads of other rel-

evant Federal departments and agencies, de-

termines and certifies to the appropriate

congressional committees that illegal immi-

gration flows have subsided to a manageable

rate.

PPROPRIATE

ONGRESSIONAL

OMMIT

TEES

EFINED

.—In this section, the term

‘‘appropriate congressional committees’’

means the Committee on Foreign Affairs of

the House of Representatives and the Com-

mittee on Foreign Relations of the Senate.

TITLE IV—ENSURING UNITED FAMILIES

AT THE BORDER

SEC. 401. CLARIFICATION OF STANDARDS FOR

FAMILY DETENTION.

(a) I

ENERAL

.—Section 235 of the Wil-

liam Wilberforce Trafficking Victims Pro-

tection Reauthorization Act of 2008 (8 U.S.C.

1232) is amended by adding at the end the fol-

lowing:

‘‘(j) C

ONSTRUCTION

.—

‘‘(1) I

N GENERAL

.—Notwithstanding any

other provision of law, judicial determina-

tion, consent decree, or settlement agree-

ment, the detention of any alien child who is

not an unaccompanied alien child shall be

governed by sections 217, 235, 236, and 241 of

the Immigration and Nationality Act (8

U.S.C. 1187, 1225, 1226, and 1231). There is no

presumption that an alien child who is not

an unaccompanied alien child should not be

detained.

‘‘(2) F

AMILY DETENTION

.—The Secretary of

Homeland Security shall—

‘‘(A) maintain the care and custody of an

alien, during the period during which the

charges described in clause (i) are pending,

who—

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CONGRESSIONAL RECORD — HOUSE H4885 September 29, 2023

‘‘(i) is charged only with a misdemeanor of-

fense under section 275(a) of the Immigration

and Nationality Act (8 U.S.C. 1325(a)); and

‘‘(ii) entered the United States with the

alien’s child who has not attained 18 years of

age; and

‘‘(B) detain the alien with the alien’s

child.’’.

(b) S

ENSE OF

ONGRESS

.—It is the sense of

Congress that the amendments in this sec-

tion to section 235 of the William Wilberforce

Trafficking Victims Protection Reauthoriza-

tion Act of 2008 (8 U.S.C. 1232) are intended to

satisfy the requirements of the Settlement

Agreement in Flores v. Meese, No. 85–4544

(C.D. Cal), as approved by the court on Janu-

ary 28, 1997, with respect to its interpreta-

tion in Flores v. Johnson, 212 F. Supp. 3d 864

(C.D. Cal. 2015), that the agreement applies

to accompanied minors.

FFECTIVE

ATE

.—The amendment

made by subsection (a) shall take effect on

the date of the enactment of this Act and

shall apply to all actions that occur before,

on, or after such date.

(d) P

REEMPTION OF

TATE

ICENSING

QUIREMENTS

.—Notwithstanding any other

provision of law, judicial determination, con-

sent decree, or settlement agreement, no

State may require that an immigration de-

tention facility used to detain children who

have not attained 18 years of age, or families

consisting of one or more of such children

and the parents or legal guardians of such

children, that is located in that State, be li-

censed by the State or any political subdivi-

sion thereof.

TITLE V—PROTECTION OF CHILDREN

SEC. 501. FINDINGS.

Congress makes the following findings:

(1) Implementation of the provisions of the

Trafficking Victims Protection Reauthoriza-

tion Act of 2008 that govern unaccompanied

alien children has incentivized multiple

surges of unaccompanied alien children ar-

riving at the southwest border in the years

since the bill’s enactment.

(2) The provisions of the Trafficking Vic-

tims Protection Reauthorization Act of 2008

that govern unaccompanied alien children

treat unaccompanied alien children from

countries that are contiguous to the United

States disparately by swiftly returning them

to their home country absent indications of

trafficking or a credible fear of return, but

allowing for the release of unaccompanied

alien children from noncontiguous countries

into the interior of the United States, often

to those individuals who paid to smuggle

them into the country in the first place.

(3) The provisions of the Trafficking Vic-

tims Protection Reauthorization Act of 2008

governing unaccompanied alien children

have enriched the cartels, who profit hun-

dreds of millions of dollars each year by

smuggling unaccompanied alien children to

the southwest border, exploiting and sexu-

ally abusing many such unaccompanied alien

children on the perilous journey.

(4) Prior to 2008, the number of unaccom-

panied alien children encountered at the

southwest border never exceeded 1,000 in a

single year.

(5) The United States is currently in the

midst of the worst crisis of unaccompanied

alien children in our nation’s history, with

over 350,000 such unaccompanied alien chil-

dren encountered at the southwest border

since Joe Biden became President.

(6) In 2022, during the Biden Administra-

tion, 152,057 unaccompanied alien children

were encountered, the most ever in a single

year and an over 400 percent increase com-

pared to the last full fiscal year of the

Trump Administration in which 33,239 unac-

companied alien children were encountered.

(7) The Biden Administration has lost con-

tact with at least 85,000 unaccompanied alien

children who entered the United States since

Joe Biden took office.

(8) The Biden Administration dismantled

effective safeguards put in place by the

Trump Administration that protected unac-

companied alien children from being abused

by criminals or exploited for illegal and dan-

gerous child labor.

(9) A recent New York Times investigation

found that unaccompanied alien children are

being exploited in the labor market and ‘‘are

ending up in some of the most punishing jobs

in the country.’’.

(10) The Times investigation found unac-

companied alien children, ‘‘under intense

pressure to earn money’’ in order to ‘‘send

cash back to their families while often being

in debt to their sponsors for smuggling fees,

rent, and living expenses,’’ feared ‘‘that they

had become trapped in circumstances they

never could have imagined.’’.

(11) The Biden Administration’s Depart-

ment of Health and Human Services Sec-

retary Xavier Becerra compared placing un-

accompanied alien children with sponsors, to

widgets in an assembly line, stating that, ‘‘If

Henry Ford had seen this in his plant, he

would have never become famous and rich.

This is not the way you do an assembly

line.’’.

(12) Department of Health and Human

Services employees working under Secretary

Xavier Becerra’s leadership penned a July

2021 memorandum expressing serious concern

that ‘‘labor trafficking was increasing’’ and

that the agency had become ‘‘one that re-

wards individuals for making quick releases,

and not one that rewards individuals for pre-

venting unsafe releases.’’.

(13) Despite this, Secretary Xavier Becerra

pressured then-Director of the Office of Ref-

ugee Resettlement Cindy Huang to prioritize

releases of unaccompanied alien children

over ensuring their safety, telling her ‘‘if she

could not increase the number of discharges

he would find someone who could’’ and then-

Director Huang resigned one month later.

(14) In June 2014, the Obama-Biden Admin-

istration requested legal authority to exer-

cise discretion in returning and removing

unaccompanied alien children from non-con-

tiguous countries back to their home coun-

tries.

(15) In August 2014, the House of Represent-

atives passed H.R. 5320, which included the

Protection of Children Act.

(16) This title ends the disparate policies of

the Trafficking Victims Protection Reau-

thorization Act of 2008 by ensuring the swift

return of all unaccompanied alien children

to their country of origin if they are not vic-

tims of trafficking and do not have a fear of

return.

SEC. 502. REPATRIATION OF UNACCOMPANIED

ALIEN CHILDREN.

(a) I

ENERAL

.—Section 235 of the Wil-

liam Wilberforce Trafficking Victims Pro-

tection Reauthorization Act of 2008 (8 U.S.C.

1232) is amended—

(1) in subsection (a)—

(A) in paragraph (2)—

(i) by amending the heading to read as fol-

lows: ‘‘R

ULES FOR UNACCOMPANIED ALIEN CHIL

DREN

.—’’;

(ii) in subparagraph (A)—

(I) in the matter preceding clause (i), by

striking ‘‘who is a national or habitual resi-

dent of a country that is contiguous with the

United States’’;

(II) in clause (i), by inserting ‘‘and’’ at the

end;

(III) in clause (ii), by striking ‘‘; and’’ and

inserting a period; and

(IV) by striking clause (iii); and

(iii) in subparagraph (B)—

(I) in the matter preceding clause (i), by

striking ‘‘(8 U.S.C. 1101 et seq.) may—’’ and

inserting ‘‘(8 U.S.C. 1101 et seq.)—’’;

(II) in clause (i), by inserting before ‘‘per-

mit such child to withdraw’’ the following:

‘‘may’’; and

(III) in clause (ii), by inserting before ‘‘re-

turn such child’’ the following: ‘‘shall’’; and

(B) in paragraph (5)(D)—

(i) in the matter preceding clause (i), by

striking ‘‘, except for an unaccompanied

alien child from a contiguous country sub-

ject to exceptions under subsection (a)(2),’’

and inserting ‘‘who does not meet the cri-

teria listed in paragraph (2)(A)’’; and

(ii) in clause (i), by inserting before the

semicolon at the end the following: ‘‘, which

shall include a hearing before an immigra-

tion judge not later than 14 days after being

screened under paragraph (4)’’;

(2) in subsection (b)—

(A) in paragraph (2)—

(i) in subparagraph (A), by inserting before

the semicolon the following: ‘‘believed not to

meet the criteria listed in subsection

(a)(2)(A)’’; and

(ii) in subparagraph (B), by inserting before

the period the following: ‘‘and does not meet

the criteria listed in subsection (a)(2)(A)’’;

and

(B) in paragraph (3), by striking ‘‘an unac-

companied alien child in custody shall’’ and

all that follows, and inserting the following:

‘‘an unaccompanied alien child in custody—

‘‘(A) in the case of a child who does not

meet the criteria listed in subsection

(a)(2)(A), shall transfer the custody of such

child to the Secretary of Health and Human

Services not later than 30 days after deter-

mining that such child is an unaccompanied

alien child who does not meet such criteria;

‘‘(B) in the case of a child who meets the

criteria listed in subsection (a)(2)(A), may

transfer the custody of such child to the Sec-

retary of Health and Human Services after

determining that such child is an unaccom-

panied alien child who meets such criteria.’’;

and

(3) in subsection (c)—

(A) in paragraph (3), by inserting at the

end the following:

‘‘(D) I

NFORMATION ABOUT INDIVIDUALS WITH

WHOM CHILDREN ARE PLACED

.—

‘‘(i) I

NFORMATION TO BE PROVIDED TO HOME

LAND SECURITY

.—Before placing a child with

an individual, the Secretary of Health and

Human Services shall provide to the Sec-

retary of Homeland Security, regarding the

individual with whom the child will be

placed, information on—

‘‘(I) the name of the individual;

‘‘(II) the social security number of the in-

dividual;

‘‘(III) the date of birth of the individual;

‘‘(IV) the location of the individual’s resi-

dence where the child will be placed;

‘‘(V) the immigration status of the indi-

vidual, if known; and

‘‘(VI) contact information for the indi-

vidual.

‘‘(ii) A

CTIVITIES OF THE SECRETARY OF

HOMELAND SECURITY

.—Not later than 30 days

after receiving the information listed in

clause (i), the Secretary of Homeland Secu-

rity, upon determining that an individual

with whom a child is placed is unlawfully

present in the United States and not in re-

moval proceedings pursuant to chapter 4 of

title II of the Immigration and Nationality

Act (8 U.S.C. 1221 et seq.), shall initiate such

removal proceedings.’’; and

(B) in paragraph (5)—

(i) by inserting after ‘‘to the greatest ex-

tent practicable’’ the following: ‘‘(at no ex-

pense to the Government)’’; and

(ii) by striking ‘‘have counsel to represent

them’’ and inserting ‘‘have access to counsel

to represent them’’.

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CONGRESSIONAL RECORD — HOUSEH4886 September 29, 2023

(b) E

FFECTIVE

ATE

.—The amendments

made by this section shall apply to any un-

accompanied alien child (as such term is de-

fined in section 462(g) of the Homeland Secu-

rity Act of 2002 (6 U.S.C. 279(g))) apprehended

on or after the date that is 30 days after the

date of the enactment of this Act.

SEC. 503. SPECIAL IMMIGRANT JUVENILE STATUS

FOR IMMIGRANTS UNABLE TO RE-

UNITE WITH EITHER PARENT.

Section 101(a)(27)(J) of the Immigration

and Nationality Act (8 U.S.C. 1101(a)(27)(J))

is amended—

(1) in clause (i), by striking ‘‘, and whose

reunification with 1 or both of the immi-

grant’s parents is not viable due to abuse,

neglect, abandonment, or a similar basis

found under State law’’; and

(2) in clause (iii)—

(A) in subclause (I), by striking ‘‘and’’ at

the end;

(B) in subclause (II), by inserting ‘‘and’’

after the semicolon; and

‘‘(III) an alien may not be granted special

immigrant status under this subparagraph if

the alien’s reunification with any one parent

or legal guardian is not precluded by abuse,

neglect, abandonment, or any similar cause

under State law;’’.

SEC. 504. RULE OF CONSTRUCTION.

Nothing in this title shall be construed to

limit the following procedures or practices

relating to an unaccompanied alien child (as

defined in section 462(g)(2) of the Homeland

Security Act of 2002 (6 U.S.C. 279(g)(2))):

(1) Screening of such a child for a credible

fear of return to his or her country of origin.

(2) Screening of such a child to determine

whether he or she was a victim of traf-

ficking.

(3) Department of Health and Human Serv-

ices policy in effect on the date of the enact-

ment of this Act requiring a home study for

such a child if he or she is under 12 years of

age.

TITLE VI—VISA OVERSTAYS PENALTIES

SEC. 601. EXPANDED PENALTIES FOR ILLEGAL

ENTRY OR PRESENCE.

Section 275 of the Immigration and Nation-

ality Act (8 U.S.C. 1325) is amended—

(1) in subsection (a) by inserting after ‘‘for

a subsequent commission of any such of-

fense’’ the following: ‘‘or if the alien was pre-

viously convicted of an offense under sub-

section (e)(2)(A)’’;

(2) in subsection (b)—

(A) in paragraph (1), by striking ‘‘at least

$50 and not more than $250’’ and inserting

‘‘not less than $500 and not more than

$1,000’’; and

(B) in paragraph (2), by inserting after ‘‘in

the case of an alien who has been previously

subject to a civil penalty under this sub-

section’’ the following: ‘‘or subsection

(e)(2)(B)’’; and

(3) by adding at the end the following:

‘‘(e) V

ISA

VERSTAYS

.—

‘‘(1) I

N GENERAL

.—An alien who was admit-

ted as a nonimmigrant has violated this

paragraph if the alien, for an aggregate of 10

days or more, has failed—

‘‘(A) to maintain the nonimmigrant status

in which the alien was admitted, or to which

it was changed under section 248, including

complying with the period of stay authorized

by the Secretary of Homeland Security in

connection with such status; or

‘‘(B) to comply otherwise with the condi-

tions of such nonimmigrant status.

‘‘(2) P

ENALTIES

.—An alien who has violated

paragraph (1)—

‘‘(A) shall—

‘‘(i) for the first commission of such a vio-

lation, be fined under title 18, United States

Code, or imprisoned not more than 6 months,

or both; and

‘‘(ii) for a subsequent commission of such a

violation, or if the alien was previously con-

victed of an offense under subsection (a), be

fined under such title 18, or imprisoned not

more than 2 years, or both; and

‘‘(B) in addition to, and not in lieu of, any

penalty under subparagraph (A) and any

other criminal or civil penalties that may be

imposed, shall be subject to a civil penalty

of—

‘‘(i) not less than $500 and not more than

$1,000 for each violation; or

‘‘(ii) twice the amount specified in clause

(i), in the case of an alien who has been pre-

viously subject to a civil penalty under this

subparagraph or subsection (b).’’.

TITLE VII—IMMIGRATION PAROLE

REFORM

SEC. 701. IMMIGRATION PAROLE REFORM.

Section 212(d)(5) of the Immigration and

Nationality Act (8 U.S.C. 1182(d)(5)) is

amended to read as follows:

‘‘(5)(A) Except as provided in subpara-

graphs (B) and (C) and section 214(f), the Sec-

retary of Homeland Security, in the discre-

tion of the Secretary, may temporarily pa-

role into the United States any alien apply-

ing for admission to the United States who is

not present in the United States, under such

conditions as the Secretary may prescribe,

on a case-by-case basis, and not according to

eligibility criteria describing an entire class

of potential parole recipients, for urgent hu-

manitarian reasons or significant public ben-

efit. Parole granted under this subparagraph

may not be regarded as an admission of the

alien. When the purposes of such parole have

been served in the opinion of the Secretary,

the alien shall immediately return or be re-

turned to the custody from which the alien

was paroled. After such return, the case of

the alien shall be dealt with in the same

manner as the case of any other applicant

for admission to the United States.

‘‘(B) The Secretary of Homeland Security

may grant parole to any alien who—

‘‘(i) is present in the United States without

lawful immigration status;

‘‘(ii) is the beneficiary of an approved peti-

tion under section 203(a);

‘‘(iii) is not otherwise inadmissible or re-

movable; and

‘‘(iv) is the spouse or child of a member of

the Armed Forces serving on active duty.

‘‘(C) The Secretary of Homeland Security

may grant parole to any alien—

‘‘(i) who is a national of the Republic of

Cuba and is living in the Republic of Cuba;

‘‘(ii) who is the beneficiary of an approved

petition under section 203(a);

‘‘(iii) for whom an immigrant visa is not

immediately available;

‘‘(iv) who meets all eligibility require-

ments for an immigrant visa;

‘‘(v) who is not otherwise inadmissible; and

‘‘(vi) who is receiving a grant of parole in

furtherance of the commitment of the

United States to the minimum level of an-

nual legal migration of Cuban nationals to

the United States specified in the U.S.-Cuba

Joint Communique

on Migration, done at

New York September 9, 1994, and reaffirmed

in the Cuba-United States: Joint Statement

on Normalization of Migration, Building on

the Agreement of September 9, 1994, done at

New York May 2, 1995.

‘‘(D) The Secretary of Homeland Security

may grant parole to an alien who is returned

to a contiguous country under section

235(b)(3) to allow the alien to attend the

alien’s immigration hearing. The grant of

parole shall not exceed the time required for

the alien to be escorted to, and attend, the

alien’s immigration hearing scheduled on

the same calendar day as the grant, and to

immediately thereafter be escorted back to

the contiguous country. A grant of parole

under this subparagraph shall not be consid-

ered for purposes of determining whether the

alien is inadmissible under this Act.

‘‘(E) For purposes of determining an alien’s

eligibility for parole under subparagraph (A),

an urgent humanitarian reason shall be lim-

ited to circumstances in which the alien es-

tablishes that—

‘‘(i)(I) the alien has a medical emergency;

and

‘‘(II)(aa) the alien cannot obtain necessary

treatment in the foreign state in which the

alien is residing; or

‘‘(bb) the medical emergency is life-threat-

ening and there is insufficient time for the

alien to be admitted to the United States

through the normal visa process;

‘‘(ii) the alien is the parent or legal guard-

ian of an alien described in clause (i) and the

alien described in clause (i) is a minor;

‘‘(iii) the alien is needed in the United

States in order to donate an organ or other

tissue for transplant and there is insufficient

time for the alien to be admitted to the

United States through the normal visa proc-

ess;

‘‘(iv) the alien has a close family member

in the United States whose death is immi-

nent and the alien could not arrive in the

United States in time to see such family

member alive if the alien were to be admit-

ted to the United States through the normal

visa process;

‘‘(v) the alien is seeking to attend the fu-

neral of a close family member and the alien

could not arrive in the United States in time

to attend such funeral if the alien were to be

admitted to the United States through the

normal visa process;

‘‘(vi) the alien is an adopted child with an

urgent medical condition who is in the legal

custody of the petitioner for a final adop-

tion-related visa and whose medical treat-

ment is required before the expected award

of a final adoption-related visa; or

‘‘(vii) the alien is a lawful applicant for ad-

justment of status under section 245 and is

returning to the United States after tem-

porary travel abroad.

‘‘(F) For purposes of determining an alien’s

eligibility for parole under subparagraph (A),

a significant public benefit may be deter-

mined to result from the parole of an alien

only if—

‘‘(i) the alien has assisted (or will assist,

whether knowingly or not) the United States

Government in a law enforcement matter;

‘‘(ii) the alien’s presence is required by the

Government in furtherance of such law en-

forcement matter; and

‘‘(iii) the alien is inadmissible, does not

satisfy the eligibility requirements for ad-

mission as a nonimmigrant, or there is insuf-

ficient time for the alien to be admitted to

the United States through the normal visa

process.

‘‘(G) For purposes of determining an alien’s

eligibility for parole under subparagraph (A),

the term ‘case-by-case basis’ means that the

facts in each individual case are considered

and parole is not granted based on member-

ship in a defined class of aliens to be granted

parole. The fact that aliens are considered

for or granted parole one-by-one and not as

a group is not sufficient to establish that the

parole decision is made on a ‘case-by-case

basis’.

‘‘(H) The Secretary of Homeland Security

may not use the parole authority under this

paragraph to parole an alien into the United

States for any reason or purpose other than

those described in subparagraphs (B), (C),

(D), (E), and (F).

‘‘(I) An alien granted parole may not ac-

cept employment, except that an alien

granted parole pursuant to subparagraph (B)

or (C) is authorized to accept employment

for the duration of the parole, as evidenced

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CONGRESSIONAL RECORD — HOUSE H4887 September 29, 2023

by an employment authorization document

issued by the Secretary of Homeland Secu-

rity.

‘‘(J) Parole granted after a departure from

the United States shall not be regarded as an

admission of the alien. An alien granted pa-

role, whether as an initial grant of parole or

parole upon reentry into the United States,

is not eligible to adjust status to lawful per-

manent residence or for any other immigra-

tion benefit if the immigration status the

alien had at the time of departure did not

authorize the alien to adjust status or to be

eligible for such benefit.

‘‘(K)(i) Except as provided in clauses (ii)

and (iii), parole shall be granted to an alien

under this paragraph for the shorter of—

‘‘(I) a period of sufficient length to accom-

plish the activity described in subparagraph

(D), (E), or (F) for which the alien was grant-

ed parole; or

‘‘(II) 1 year.

‘‘(ii) Grants of parole pursuant to subpara-

graph (A) may be extended once, in the dis-

cretion of the Secretary, for an additional

period that is the shorter of—

‘‘(I) the period that is necessary to accom-

plish the activity described in subparagraph

(E) or (F) for which the alien was granted pa-

role; or

‘‘(II) 1 year.

‘‘(iii) Aliens who have a pending applica-

tion to adjust status to permanent residence

under section 245 may request extensions of

parole under this paragraph, in 1-year incre-

ments, until the application for adjustment

has been adjudicated. Such parole shall ter-

minate immediately upon the denial of such

adjustment application.

‘‘(L) Not later than 90 days after the last

day of each fiscal year, the Secretary of

Homeland Security shall submit to the Com-

mittee on the Judiciary of the Senate and

the Committee on the Judiciary of the House

of Representatives and make available to the

public, a report—

‘‘(i) identifying the total number of aliens

paroled into the United States under this

paragraph during the previous fiscal year;

and

‘‘(ii) containing information and data re-

garding all aliens paroled during such fiscal

year, including—

‘‘(I) the duration of parole;

‘‘(II) the type of parole; and

‘‘(III) the current status of the aliens so

paroled.’’.

SEC. 702. IMPLEMENTATION.

(a) I

ENERAL

.—Except as provided in

subsection (b), this title and the amend-

ments made by this title shall take effect on

the date that is 30 days after the date of the

enactment of this Act.

(b) E

XCEPTIONS

.—Notwithstanding sub-

section (a), each of the following exceptions

apply:

(1) Any application for parole or advance

parole filed by an alien before the date of the

enactment of this Act shall be adjudicated

under the law that was in effect on the date

on which the application was properly filed

and any approved advance parole shall re-

main valid under the law that was in effect

on the date on which the advance parole was

approved.

(2) Section 212(d)(5)(J) of the Immigration

and Nationality Act, as added by section 701

of this title, shall take effect on the date of

the enactment of this Act.

(3) Aliens who were paroled into the United

States pursuant to section 212(d)(5)(A) of the

Immigration and Nationality Act (8 U.S.C.

1182(d)(5)(A)) before January 1, 2023, shall

continue to be subject to the terms of parole

that were in effect on the date on which

their respective parole was approved.

SEC. 703. CAUSE OF ACTION.

Any person, State, or local government

that experiences financial harm in excess of

$1,000 due to a failure of the Federal Govern-

ment to lawfully apply the provisions of this

title or the amendments made by this title

shall have standing to bring a civil action

against the Federal Government in an appro-

priate district court of the United States for

appropriate relief.

SEC. 704. SEVERABILITY.

If any provision of this title or any amend-

ment by this title, or the application of such

provision or amendment to any person or

circumstance, is held to be unconstitutional,

the remainder of this title and the applica-

tion of such provision or amendment to any

other person or circumstance shall not be af-

fected.

DIVISION E—FISCAL COMMISSION ACT OF

2023

SEC. 801. SHORT TITLE.

This division may be cited as the ‘‘Fiscal

Commission Act of 2023’’.

SEC. 802. DEFINITIONS.

In this division:

(1) C

CHAIR

.—The term ‘‘co-chair’’ means

an individual appointed to serve as a co-

chair of the Fiscal Commission under section

803(a)(3)(C)(i).

(2) F

ISCAL COMMISSION

.—The term ‘‘Fiscal

Commission’’ means the commission estab-

lished under section 803(a).

(3) F

ISCAL COMMISSION BILL

.—The term

‘‘Fiscal Commission bill’’ means a bill con-

sisting solely of legislative language that the

Fiscal Commission approves and submits

under clauses (i) and (v), respectively, of sec-

tion 803(a)(2)(B).

(4) O

UTSIDE EXPERT

.—The term ‘‘outside

expert’’ is an individual who is not an elect-

ed official or an officer or employee of the

Federal Government or of any State.

SEC. 803. ESTABLISHMENT OF FISCAL COMMIS-

SION.

(a) E

STABLISHMENT OF

ISCAL

OMMIS

SION

.—

(1) E

STABLISHMENT

.—No later than 60 days

after the date of enactment of this Act, there

is established in Congress a Fiscal Commis-

sion.

(2) D

UTIES

.—

(A) I

MPROVE FISCAL SITUATION

.—

(i) I

N GENERAL

.—The Fiscal Commission

shall identify policies to improve the fiscal

situation in the medium term and to achieve

a sustainable debt-to-GDP ratio of the long

term, and for any recommendations related

to Federal programs for which a Federal

trust fund exists, to improve solvency for a

period of at least 75 years.

(ii) R

EQUIREMENTS

.—In carrying out clause

(i), the Fiscal Commission shall—

(I) propose recommendations designed to

balance the budget at the earliest reasonable

date, including at minimum stabilizing the

debt-to-GDP ratio at or below one hundred

percent by the end of the 10-year period be-

ginning on the date the Fiscal Commission is

established; and

(II) propose recommendations that mean-

ingfully improve the long-term fiscal out-

look, including changes to address the

growth of direct spending and the gap be-

tween the projected revenues and expendi-

tures of the Federal Government.

(iii) R

ECOMMENDATIONS OF COMMITTEES

.—

Not later than 60 days after the date de-

scribed in paragraph (1), each committee of

the Senate and the House of Representatives

may transmit to the Fiscal Commission any

recommendations of the committee relating

to changes in law to further the duties de-

scribed in clause (ii).

(B) R

EPORT

RECOMMENDATIONS

AND LEGIS

LATIVE LANGUAGE

.—

(i) I

N GENERAL

.—Notwithstanding para-

graph (4)(D)(ii)(II), not earlier than Novem-

ber 6, 2024, but not later than November 15,

2024, the Fiscal Commission shall meet to

consider, and vote on—

(I) a report that contains a detailed state-

ment of the findings, conclusions, and rec-

ommendations of the Fiscal Commission de-

scribed in subparagraph (A)(i) and the esti-

mate of the Congressional Budget Office re-

quired under paragraph (4)(D)(ii); and

(II) legislative language to carry out the

recommendations of the Fiscal Commission

in the report described in subclause (I),

which shall include a statement of the eco-

nomic and budgetary effects of the rec-

ommendations.

(ii) A

PPROVAL OF REPORT AND LEGISLATIVE

LANGUAGE

.—A report and legislative lan-

guage of the Fiscal Commission under clause

(i) shall require the approval of a majority of

the members of the Fiscal Commission, pro-

vided that such majority shall be required to

include not less than 3 members of the Fiscal

Commission appointed by members of the

Republican Party and 3 members appointed

by members of the Democratic party.

(iii) A

DDITIONAL VIEWS

.—

(I) I

N GENERAL

.—A member of the Fiscal

Commission who gives notice of an intention

to file supplemental, minority, or additional

views at the time of the final Fiscal Commis-

sion vote on the approval of the report and

legislative language of the Fiscal Commis-

sion under clause (i) shall be entitled to 3

days to file those views in writing with the

staff director of the Fiscal Commission.

(II) I

NCLUSION IN REPORT

.—Views filed

under subclause (I) shall be included in the

report of the Fiscal Commission under clause

(i) and printed in the same volume, or part

thereof, and such inclusion shall be noted on

the cover of the report, except that, in the

absence of timely notice, the report may be

printed and transmitted immediately with-

out such views.

(iv) R

EPORT AND LEGISLATIVE LANGUAGE TO

BE MADE PUBLIC

.—Upon the approval or dis-

approval of a report and legislative language

under clause (i) by the Fiscal Commission,

the Fiscal Commission shall promptly, and

not more than 24 hours after the approval or

disapproval or, if timely notice is given

under clause (iii), not more than 24 hours

after additional views are filed under such

clause, make the report, the legislative lan-

guage, and a record of the vote on the report

and legislative language available to the

public.

(v) S

UBMISSION OF REPORT AND LEGISLATIVE

LANGUAGE

.—If a report and legislative lan-

guage are approved by the Fiscal Commis-

sion under clause (i), not later than 3 days

after the date on which the report and legis-

lative language are made available to the

public under clause (iv), the Fiscal Commis-

sion shall submit the report and legislative

language to the President, the Vice Presi-

dent, the Speaker of the House of Represent-

atives, and the majority and minority lead-

ers of each House of Congress.

(3) M

EMBERSHIP

.—

(A) I

N GENERAL

.—The Fiscal Commission

shall be composed of 16 members appointed

in accordance with subparagraph (B) and

with due consideration to chairs and ranking

members of the committees and subcommit-

tees of subject matter jurisdiction, if appli-

cable.

(B) A

PPOINTMENT

.—Not later than 14 days

after the date described in paragraph (1)—

(i) the majority leader of the Senate shall

appoint 3 individuals from among the Mem-

bers of the Senate, and 1 outside expert, who

shall serve as members of the Fiscal Com-

mission;

(ii) the minority leader of the Senate shall

appoint 3 individuals from among the Mem-

bers of the Senate, and 1 outside expert who

shall serve as members of the Fiscal Com-

mission;

(iii) the Speaker of the House of Represent-

atives shall appoint 3 individuals from

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CONGRESSIONAL RECORD — HOUSEH4888 September 29, 2023

among the Members of the House of Rep-

resentatives, and 1 outside expert, who shall

serve as members of the Fiscal Commission;

and

(iv) the minority leader of the House of

Representatives shall appoint 3 individuals

from among the Members of the House of

Representatives, and 1 outside expert, who

shall serve as members of the Fiscal Com-

mission.

CHAIRS

.—

(i) I

N GENERAL

.—Not later than 14 days

after the date described in paragraph (1),

with respect to the Fiscal Commission—

(I) the leadership of the Senate and House

of Representatives of the same political

party as the President shall appoint 1 indi-

vidual from among the members of the Fis-

cal Commission who shall serve as a co-chair

of the Fiscal Commission; and

(II) the leadership of the Senate and House

of Representatives of the opposite political

party as the President, shall appoint 1 indi-

vidual from among the members of the Fis-

cal Commission who shall serve as a co-chair

of the Fiscal Commission.

(ii) S

TAFF DIRECTOR

.—With respect to the

Fiscal Commission, the co-chairs of the Fis-

cal Commission, acting jointly, shall hire

the staff director of the Fiscal Commission.

(D) P

ERIOD OF APPOINTMENT

.—

(i) I

N GENERAL

.—The members of the Fiscal

Commission shall be appointed for the life of

the Fiscal Commission.

(ii) V

ACANCY

.—

(I) I

N GENERAL

.—Any vacancy in the Fiscal

Commission shall not affect the powers of

the Fiscal Commission, but shall be filled

not later than 14 days after the date on

which the vacancy occurs, in the same man-

ner as the original appointment was made.

(II) I

NELIGIBLE MEMBERS

.—If a member of

the Fiscal Commission who was appointed as

a Member of the Senate or the House Rep-

resentatives ceases to be a Member of the

Senate or the House of Representatives, as

applicable—

(aa) the member shall no longer be a mem-

ber of the Fiscal Commission; and

(bb) a vacancy in the Fiscal Commission

exists.

(4) A

DMINISTRATION

.—

(A) I

N GENERAL

.—With respect to the Fis-

cal Commission, to enable the Fiscal Com-

mission to exercise the powers, functions,

and duties of the Fiscal Commission, there

are authorized to be disbursed by the Senate

the actual and necessary expenses of the Fis-

cal Commission approved by the co-chairs of

the Fiscal Commission, subject to the rules

and regulations of the Senate.

(B) E

XPENSES

.—With respect to the Fiscal

Commission, in carrying out the functions of

the Fiscal Commission, the Fiscal Commis-

sion is authorized to incur expenses in the

same manner and under the same conditions

as the Joint Economic Committee is author-

ized under section 11(d) of the Employment

Act of 1946 (15 U.S.C. 1024(d)).

UORUM

.—With respect to the Fiscal

Commission, 9 members of the Fiscal Com-

mission shall constitute a quorum for pur-

poses of voting, meeting, and holding hear-

ings.

(D) V

OTING

.—

(i) P

ROXY VOTING

.—No proxy voting shall

be allowed on behalf of any member of the

Fiscal Commission.

(ii) C

ONGRESSIONAL BUDGET OFFICE ESTI

MATES

.—

(I) I

N GENERAL

.—The Director of the Con-

gressional Budget Office shall, with respect

to the legislative language of the Fiscal

Commission under paragraph (2)(B)(i)(II),

provide to the Fiscal Commission—

(aa) estimates of the legislative language

in accordance with sections 308(a) and 201(f)

of the Congressional Budget Act of 1974 (2

U.S.C. 639(a) and 601(f)); and

(bb) information on the budgetary effect of

the legislative language on the long-term fis-

cal outlook.

(II) L

IMITATION

.—The Fiscal Commission

may not vote on any version of the report,

recommendations, or legislative language of

the Fiscal Commission under paragraph

(2)(B)(i) unless the estimates and informa-

tion described in subclause (I) of this clause

are made available for consideration by all

members of the Fiscal Commission not later

than 48 hours before that vote, as certified

by the co-chairs of the Fiscal Commission.

(E) M

EETINGS

.—

(i) I

NITIAL MEETING

.—Not later than 45 days

after the date described in paragraph (1), the

Fiscal Commission shall hold the first meet-

ing of the Fiscal Commission.

(ii) A

GENDA

.—For each meeting of the Fis-

cal Commission, the co-chairs of the Fiscal

Commission shall provide an agenda to the

members of the Fiscal Commission not later

than 48 hours before the meeting.

(F) H

EARINGS

.—

(i) I

N GENERAL

.—The Fiscal Commission

may, for the purpose of carrying out this sec-

tion, hold such hearings, sit and act at such

times and places, require attendance of wit-

nesses and production of books, papers, and

documents, take such testimony, receive

such evidence, and administer such oaths as

the Fiscal Commission considers advisable.

(ii) H

EARING PROCEDURES AND RESPONSIBIL

ITIES OF CO

CHAIRS

.—

(I) A

NNOUNCEMENT

.—The co-chairs of the

Fiscal Commission shall make a public an-

nouncement of the date, place, time, and

subject matter of any hearing to be con-

ducted under this subparagraph not later

than 7 days before the date of the hearing,

unless the co-chairs determine that there is

good cause to begin such hearing on an ear-

lier date.

(II) W

RITTEN STATEMENT

.—A witness ap-

pearing before the Fiscal Commission shall

file a written statement of the proposed tes-

timony of the witness not later than 2 days

before the date of the appearance of the wit-

ness, unless the co-chairs of the Fiscal Com-

mission—

(aa) determine that there is good cause for

the witness to not file the written state-

ment; and

(bb) waive the requirement that the wit-

ness file the written statement.

(G) T

ECHNICAL ASSISTANCE

.—Upon written

request of the co-chairs of the Fiscal Com-

mission, the head of a Federal agency shall

provide technical assistance to the Fiscal

Commission in order for the Fiscal Commis-

sion to carry out the duties of the Fiscal

Commission.

(H) O

UTSIDE

XPERT

.—Any outside expert

appointed to the Fiscal Commission—

(i) shall not be considered to be a Federal

employee for any purpose by reason of serv-

ice on the Fiscal Commission; and

(ii) shall be allowed travel expenses, in-

cluding per diem in lieu of subsistence, at

rates authorized for employees of agencies

under subchapter I of chapter 57 of title 5,

United States Code, while away from their

homes or regular places of business in the

performance of services for the Commission.

(b) S

TAFF OF

ISCAL

OMMISSION

.—

(1) I

N GENERAL

.—The co-chairs of the Fis-

cal Commission may jointly appoint and fix

the compensation of staff of the Fiscal Com-

mission as the co-chairs determine nec-

essary, in accordance with the guidelines,

rules, and requirements relating to employ-

ees of the Senate.

(2) E

THICAL STANDARDS

.—

(A) S

ENATE

.—Members appointed by Mem-

bers of the Senate who serve on the Fiscal

Commission and staff of the Fiscal Commis-

sion shall adhere to the ethics rules of the

Senate.

(B) H

OUSE OF REPRESENTATIVES

.—Members

appointed by Members of the House of Rep-

resentatives who serve on the Fiscal Com-

mission shall be governed by the ethics rules

and requirements of the House of Represent-

atives.

ERMINATION

.—The Fiscal Commission

shall terminate on the date that is 30 days

after the date the Fiscal Commission sub-

mits the report under subsection (a)(2)(B)(v).

SEC. 804. EXPEDITED CONSIDERATION

OF FISCAL COMMISSION BILLS.

(a) Q

UALIFYING

EGISLATION

.—Only a Fis-

cal Commission bill shall be entitled to expe-

dited consideration under this section.

(b) C

ONSIDERATION IN THE

OUSE OF

RESENTATIVES

.—

(1) I

NTRODUCTION

.—If the Fiscal Commis-

sion approves and submits legislative lan-

guage under clauses (i) and (v), respectively,

of section 803(a)(2)(B), the Fiscal Commission

bill consisting solely of that legislative lan-

guage shall be introduced in the House of

Representatives (by request)—

(A) by the majority leader of the House of

Representatives, or by a Member of the

House of Representatives designated by the

majority leader of the House of Representa-

tives, on the third legislative day after the

date the Fiscal Commission approves and

submits such legislative language; or

(B) if the Fiscal Commission bill is not in-

troduced under subparagraph (A), by any

Member of the House of Representatives on

any legislative day beginning on the legisla-

tive day after the legislative day described

in subparagraph (A).

(2) R

EFERRAL AND REPORTING

.—Any com-

mittee of the House of Representatives to

which a Fiscal Commission bill is referred

shall report the Fiscal Commission bill to

the House of Representatives without

amendment not later than 5 legislative days

after the date on which the Fiscal Commis-

sion bill was so referred. If any committee of

the House of Representatives to which a Fis-

cal Commission bill is referred fails to report

the Fiscal Commission bill within that pe-

riod, that committee shall be automatically

discharged from consideration of the Fiscal

Commission bill, and the Fiscal Commission

bill shall be placed on the appropriate cal-

endar.

(3) P

ROCEEDING TO CONSIDERATION

.—After

the last committee authorized to consider a

Fiscal Commission bill reports it to the

House of Representatives or has been dis-

charged from its consideration, it shall be in

order to move to proceed to consider the Fis-

cal Commission bill in the House of Rep-

resentatives. Such a motion shall not be in

order after the House of Representatives has

disposed of a motion to proceed with respect

to the Fiscal Commission bill. The previous

question shall be considered as ordered on

the motion to its adoption without inter-

vening motion.

(4) C

ONSIDERATION

.—The Fiscal Commis-

sion bill shall be considered as read. All

points of order against the Fiscal Commis-

sion bill and against its consideration are

waived. The previous question shall be con-

sidered as ordered on the Fiscal Commission

bill to its passage without intervening mo-

tion except 2 hours of debate equally divided

and controlled by the proponent and an op-

ponent.

(5) V

OTE ON PASSAGE

.—The vote on passage

of the Fiscal Commission bill shall occur

pursuant to the constraints under clause 8 of

rule XX of the Rules of the House of Rep-

resentatives.

XPEDITED

ROCEDURE IN THE

ENATE

.—

(1) I

NTRODUCTION IN THE SENATE

.—If the

Fiscal Commission approves and submits

legislative language under clauses (i) and (v),

respectively, of section 803(a)(2)(B), a Fiscal

Commission bill consisting solely of that

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CONGRESSIONAL RECORD — HOUSE H4889 September 29, 2023

legislative language may be introduced in

the senate (by request)—

(A) by the majority leader of the Senate,

or by a Member of the Senate designated by

the majority leader of the Senate, on the

next day on which the Senate is in session;

(B) if the Fiscal Commission bill is not in-

troduced under subparagraph (A), by any

Member of the Senate on any day on which

the Senate is in session beginning on the day

after the day described in subparagraph (A).

(2) C

OMMITTEE CONSIDERATION

.—A Fiscal

Commission bill introduced in the Senate

under paragraph (1) shall be jointly referred

to the committee or committees of jurisdic-

tion, which committees shall report the Fis-

cal Commission bill without any revision

and with a favorable recommendation, an

unfavorable recommendation, or without

recommendation, not later than 5 session

days after the date on which the Fiscal Com-

mission bill was so referred. If any com-

mittee to which a Fiscal Commission bill is

referred fails to report the Fiscal Commis-

sion bill within that period, that committee

shall be automatically discharged from con-

sideration of the Fiscal Commission bill, and

the Fiscal Commission bill shall be placed on

the appropriate calendar.

(3) P

ROCEEDING

.—Notwithstanding rule

XXII of the Standing Rules of the Senate, it

is in order, not later than 2 days of session

after the date on which a Fiscal Commission

bill is reported or discharged from all com-

mittees to which the Fiscal Commission bill

was referred, for the majority leader of the

Senate or the designee of the majority leader

to move to proceed to the consideration of

the Fiscal Commission bill. It shall also be

in order for any Member of the Senate to

move to proceed to the consideration of the

Fiscal Commission bill at any time after the

conclusion of such 2-day period. A motion to

proceed is in order even though a previous

motion to the same effect has been disagreed

to. All points of order against the motion to

proceed to the Fiscal Commission bill are

waived. The motion to proceed is not debat-

able. The motion is not subject to a motion

to postpone. A motion to reconsider the vote

by which the motion is agreed to or dis-

agreed to shall not be in order. If a motion

to proceed to the consideration of the Fiscal

Commission bill is agreed to, the Fiscal

Commission bill shall remain the unfinished

business until disposed of. All points of order

against a Fiscal Commission bill and against

consideration of the Fiscal Commission bill

are waived.

(4) N

O AMENDMENTS

.—An amendment to a

Fiscal Commission bill, or a motion to post-

pone, or a motion to proceed to the consider-

ation of other business, or a motion to re-

commit the Fiscal Commission bill, is not in

order.

(5) R

ULINGS OF THE CHAIR ON PROCEDURE

.—

Appeals from the decisions of the Chair re-

lating to the application of the rules of the

Senate, as the case may be, to the procedure

relating to a Fiscal Commission bill shall be

decided without debate.

(d) A

MENDMENT

.—A Fiscal Commission bill

shall not be subject to amendment in either

the Senate or the House of Representatives.

(e) C

ONSIDERATION BY THE

THER

OUSE

.—

(1) I

N GENERAL

.—If, before passing a Fiscal

Commission bill, a House receives from the

other House a Fiscal Commission bill con-

sisting of legislative language approved by

the same Fiscal Commission as the Fiscal

Commission bill in the receiving House—

(A) the Fiscal Commission bill of the other

House shall not be referred to a committee;

and

(B) the procedure in the receiving House

shall be the same as if no Fiscal Commission

bill had been received from the other House

until the vote on passage, when the Fiscal

Commission bill received from the other

House shall supplant the Fiscal Commission

bill of the receiving House.

(2) R

EVENUE MEASURES

.—This subsection

shall not apply to the House of Representa-

tives if a Fiscal Commission bill received

from the Senate is a revenue measure.

(f) R

ULES

OORDINATE

CTION

ITH

THER

OUSE

.—

(1) T

REATMENT OF FISCAL COMMISSION BILL

OF OTHER HOUSE

.—If a Fiscal Commission bill

is not introduced in the Senate or the Senate

fails to consider a Fiscal Commission bill

under this section, the Fiscal Commission

bill of the House of Representatives con-

sisting of legislative language approved by

the same Fiscal Commission as the Fiscal

Commission bill in the Senate shall be enti-

tled to expedited floor procedures under this

section.

(2) T

REATMENT OF COMPANION MEASURES IN

THE SENATE

.—If, following passage of a Fis-

cal Commission bill in the Senate, the Sen-

ate then receives from the House of Rep-

resentatives a Fiscal Commission bill ap-

proved by the same Fiscal Commission and

consisting of the same legislative language

as the Senate-passed Fiscal Commission bill,

the House-passed Fiscal Commission bill

shall not be debatable. The vote on passage

of the Fiscal Commission bill in the Senate

shall be considered to be the vote on passage

of the Fiscal Commission bill received from

the House of Representatives.

(3) V

ETOES

.—If the President vetoes a Fis-

cal Commission bill, consideration of a veto

message in the Senate under this paragraph

shall be 10 hours equally divided between the

majority and minority leaders of the Senate

or the designees of the majority and minor-

ity leaders of the Senate.

SEC. 805. FUNDING.

Funding for the Fiscal Commission shall

be derived in equal portions from—

(1) the contingent fund of the Senate from

the appropriations account ‘‘Miscellaneous

Items’’, subject to the rules and regulations

of the Senate; and

(2) the applicable accounts of the House of

Representatives.

SEC. 806. RULEMAKING.

The provisions of this division are enacted

by Congress—

(1) as an exercise of the rulemaking power

of the Senate and the House of Representa-

tives, respectively, and, as such, the provi-

sions—

(A) shall be considered as part of the rules

of each House, respectively, or of that House

to which they specifically apply; and

(B) shall supersede other rules only to the

extent that they are inconsistent therewith;

and

(2) with full recognition of the constitu-

tional right of either House to change such

rules (so far as relating to such House) at

any time, in the same manner, and to the

same extent as in the case of any other rule

of such House.

The SPEAKER pro tempore. The bill

shall be debatable for 1 hour equally di-

vided and controlled by the chair and

ranking minority member of the Com-

mittee on Appropriations or their re-

spective designees.

The gentleman from Florida (Mr.

IAZ

-B

ALART

) and the gentlewoman

from Connecticut (Ms. D

AURO

) each

will control 30 minutes.

The Chair recognizes the gentleman

from Florida.

GENERAL LEAVE

Mr. DIAZ-BALART. Mr. Speaker, I

ask unanimous consent that all Mem-

bers may have 5 legislative days in

which to revise and extend their re-

marks and include extraneous material

on the measure under consideration.

The SPEAKER pro tempore. Is there

objection to the request of the gen-

tleman from Florida?

There was no objection.

Mr. DIAZ-BALART. Mr. Speaker, I

yield myself such time as I may con-

sume.

Mr. Speaker, I am proud to speak on

the Spending Reduction and Border Se-

curity Act of 2024.

As we all know, the most basic duty

that Congress has and must complete

every year is that constitutional power

of Congress to fund the Federal Gov-

ernment. This bill, Mr. Speaker, will

provide funding to keep our govern-

ment open until October 31. Unless we

act now, the government will shut

down at midnight on Saturday.

Let’s be very clear, Mr. Speaker. The

House has already passed four appro-

priations bills, which constitute the

majority of funding for our govern-

ment. Now, unfortunately, the Senate

continues to sit on its hands and has

failed to pass any of them, any of them

thus far. Unfortunately, it is some-

thing that we have seen time and time

again from our friends across this

building.

Mr. Speaker, the country is nearly

$32.9 trillion in debt—that is trillion

with a t, Mr. Speaker—and our deficit

this year is $1.9 trillion. The Biden ad-

ministration has gone on a crazy, irre-

sponsible spending binge with money

that we do not have to spend, money

that is borrowed mostly from Com-

munist China. It is time. It is time. It

is time that we slow this out-of-con-

trol, unsustainable spending to a level

that is sustainable.

Yesterday, Mr. Speaker, I was proud

that the House of Representatives

passed the State and Foreign Oper-

ations appropriations bill, one that I

was pleased and honored to lead that

cut wasteful spending while making

crucial investments in our national se-

curity, all while the total cost of that

bill passed last night is way below fis-

cal year 2015 spending levels. That bill

that we passed will slow our spending

by really taking discretionary spending

back to fiscal year 2022 overall.

Now, excluded from those reductions

in this bill are any reductions from de-

fense, veterans, homeland security, and

disaster relief. It is a very important

start and well overdue to fund our pri-

orities, the American people’s prior-

ities, but doing so in a responsible way

that does not bankrupt the American

taxpayer.

Mr. Speaker, in addition, this bill

provides flexibility to the Department

of Defense for new starts, but this bill

does more than just deal with our out-

of-control spending, which it must. It

will also help the just inhumane tide at

our southern border.

Mr. Speaker, our southern border is

out of control. The Biden administra-

tion has failed to even do the bare min-

imum to secure our border. As I have

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CONGRESSIONAL RECORD — HOUSEH4890 September 29, 2023

said before, Mr. Speaker, the irrespon-

sible attitude of the Biden administra-

tion when it comes to the southern

border is beyond negligence and incom-

petence. It also has fatal consequences.

In just the last few days, we have

seen a surge at the border with an av-

erage of over 9,000 apprehensions each

and every day. This is unsustainable. It

is unthinkable, and I would add it is

immoral.

Mr. Speaker, our border is out of con-

trol. Actually, no, let me correct my-

self right here on the floor of the

House, Mr. Speaker. No, it is controlled

now 100 percent by the narco-terrorist

cartels on the Mexican side of the bor-

der. That is who the administration

has ceded control of the southern bor-

der to. This crisis is only going to con-

tinue to get worse and worse unless we

act.

b 1215

Earlier this year, the House approved

the bill that I was honored to lead,

H.R. 2, the Border Security Act of 2023.

As you know, Mr. Speaker, this bill

would make changes to our immigra-

tion policies that would help reclaim

control of the southern border.

I am proud to say that the Spending

Reduction and Border Security Act of

2024, which I am speaking about today,

includes the Border Security Act of

2023 already passed by this House.

This bill provides a solution. This bill

that we are discussing now provides a

solution to keep the government open.

This bill keeps the government open

and restrains the growth of govern-

ment while giving us an opportunity to

continue negotiations on the appro-

priations bills.

Mr. Speaker, I urge my colleagues to

do the responsible thing. Support this

bill so that we can send it to the Sen-

ate and keep the Federal Government

open. That is what we are dealing with.

That is what the vote is about.

Mr. Speaker, I urge all of my col-

leagues to do the right thing and vote

‘‘yes’’ on this bill, and I reserve the

balance of my time.

Ms. D

LAURO. Mr. Speaker, I yield

myself such time as I may consume.

Mr. Speaker, I rise to oppose this

continuing resolution. If you cannot

agree to the funding levels for 2024 in

order to keep government open, you

must pass a continuing resolution. A 30

percent slashing of the Federal Govern-

ment only continues the majority’s in-

ability and unwillingness to govern re-

sponsibly.

I would argue that you cannot call it

a conservative resolution, either. There

is nothing conservative about the in-

discriminate destruction of public in-

vestments in America’s families.

Regardless of what it is called, this

bill inflicts serious consequences on

the American people, whether it is

signed into law, which it never will be,

or because of the costly shutdown it

triggers.

We are less than 48 hours from a gov-

ernment shutdown, and what do we

have to show for it?

The American people are tired of the

doublespeak coming from the majority.

There are House Republicans who have

repeatedly assured the public that no-

body wants a shutdown, and there are

others who tell us they think a shut-

down would be a good thing for the

country. Maybe they are not worried

about a shutdown because they know

that Members of Congress will not miss

a paycheck.

I can speak for every Democrat in

the Congress when I say we oppose this

Republican shutdown, a shutdown that

will be devastating for our country.

What have the Republicans offered as

their effort to avoid a government

shutdown? What would this bill do?

This bill would slash investments in

cancer research, leave communities re-

covering from natural disasters out to

dry, and undercut allies with a $1 bil-

lion cut to Israel and further cuts to

our support of Ukraine. It defunds law

enforcement by 30 percent and makes

our communities less safe. It takes

food out of the mouths of millions.

This bill raises costs for American

families at a time when the cost of liv-

ing is already too high.

It cuts title I education funding, the

bedrock of American public education,

to the effect of 150,000 teachers being

pulled out of classrooms. Mr. Speaker,

275,000 children would lose access to

Head Start, undermining early edu-

cation and making it harder for par-

ents to work.

In an unprecedented move, the House

Republican bill cuts the Low-Income

Home Energy Assistance Program,

LIHEAP, funding by roughly 74 per-

cent. More than 5 million households

will lose their home heating or cooling

benefits or have their benefits cut by

hundreds of dollars, threatening their

ability to heat their homes in winter or

cool their homes in summer.

House Republicans are threatening

public health by cutting the Food Safe-

ty and Inspection Service by 30 per-

cent. Without adequate inspection staff

in our meat and poultry plants, these

plants will be required to close or re-

duce their hours. It hurts workers’ pay-

checks, reduces the meat and poultry

supply, raises the cost of food for

American families, and risks the con-

sumption of contaminated food.

With the cuts in this bill, 400,000

fewer small businesses would be as-

sisted by the Small Business Adminis-

tration’s entrepreneurial development

programs. This would have a signifi-

cant impact on small business owners,

especially among veterans, women, and

Native American entrepreneurs.

This bill has no future. At best, it is

dead on arrival in the Senate and

would never be signed by the President

of the United States.

Everyone in this room knows that

keeping the government operating and

passing bills to fully fund the next fis-

cal year will require bipartisan co-

operation. You need the House and the

Senate, Democrats and Republicans, to

pass appropriations bills. Yet, House

Republicans are refusing to work with

and negotiate with Democrats.

This is a pointless charade with

grave consequences for the American

people. House Democrats are ready to

work. We were ready in the spring. We

were ready last week. We are ready

this weekend. We are ready today, to-

morrow, and every day to work in good

faith with our colleagues on the other

side of the aisle to meet the needs of

the American people.

Let’s get to work, serious work.

Mr. Speaker, I reserve the balance of

my time.

Mr. DIAZ-BALART. Mr. Speaker,

let’s be very clear. We are going to

know shortly who wants to shut down

the government and who wants to keep

it open because we are going to have a

vote. In front of us today is this resolu-

tion to keep the government open. I

know there is going to be a lot of talk,

but we are going to have a vote. If you

vote for this resolution, it keeps the

government open, and if you vote

against it, government shuts down Sat-

urday night.

That is not too complicated. The

American people are smart. They get

that. Out of all the talk we are going

to hear, we will know on that vote. If

you vote for this resolution, you are

voting to keep the government open. If

you vote against it, well, you are vot-

ing to shut it down.

Mr. Speaker, I yield 2 minutes to the

gentleman from Arkansas (Mr.

ESTERMAN

), the distinguished chair-

man of the Committee on Natural Re-

sources.

Mr. WESTERMAN. Mr. Speaker, we

have all heard that life is about mak-

ing choices. Serving in Congress re-

quires making big choices on a big

stage that are forever chronicled in our

votes. Take out all the rhetoric and all

the policy disagreements and, at the

end of this debate, every Member of the

House will have a choice to make and

a vote to cast.

Making choices is about setting pri-

orities. House Republicans have made

it clear that cutting spending, securing

the border, and keeping the govern-

ment open while we finish the yearlong

spending bills are our priorities.

It is no secret, based on previous ac-

tions, that my friends across the aisle

prioritize out-of-control spending and

an open border. I anticipate their prior-

ities will outweigh their desire to keep

the government open. That is their

choice.

Since President Biden took office,

our debt has skyrocketed, inflation is

strangling our citizens, and thousands

of pounds of fentanyl and millions of il-

legal immigrants, including more than

150 on the terrorist watch list, have

poured over our southern border and

into our communities. This immigra-

tion crisis is so bad that the Biden ad-

ministration has resorted to building

migrant shelters in our national parks

and waiving environmental laws to do

it.

This has to stop. The choices are

clear. The conservative solution will

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CONGRESSIONAL RECORD — HOUSE H4891 September 29, 2023

avoid a government shutdown, secure

our borders, and keep us on track to re-

store fiscal sanity. Let me be clear

that a vote against this bill is a vote to

continue down the path of out-of-con-

trol spending, to keep our borders

open, and to shut down the govern-

ment.

Mr. Speaker, I have made my choice

to vote ‘‘yes,’’ and I encourage others

to do the same.

Ms. D

LAURO. Mr. Speaker, I will

just take a second to tell the gen-

tleman from Arkansas that, with this

bill, you will cut 1,460 teachers from

your district and almost 46,000 house-

holds will have their low-income en-

ergy assistance benefits terminated.

Mr. Speaker, I yield 2 minutes to the

gentlewoman from Florida (Ms.

ASSERMAN

CHULTZ

), the distin-

guished ranking member of the Mili-

tary Construction, Veterans Affairs,

and Related Agencies Subcommittee.

Ms. WASSERMAN SCHULTZ. Mr.

Speaker, I rise in opposition to this so-

called CR, which is a MAGA gift basket

to far-right extremists.

Let’s first address the reality. The

gutting cuts in this bill do not con-

tinue current funding like we have his-

torically done in continuing resolu-

tions. Instead, this so-called CR slashes

cancer and Alzheimer’s research,

defunds the police, and undercuts allies

like Israel and Ukraine.

Republicans claim to care about our

borders, but this invites more immigra-

tion problems. Instead of giving mi-

grants a path to work and pay taxes, it

leaves them to languish in substandard

private prisons.

This grab bag of budgetary garbage

stands no chance of becoming law and

just slingshots into a shutdown in 36

hours, a shutdown that harms every-

one, from seniors and servicemembers

to this Nation’s most vulnerable and

its very security. It snarls small-busi-

ness loans and trade, delays home

loans, and could force Federal contrac-

tors into layoffs.

It is a MAGA recipe for more chaos

and inflation, and my home State of

Florida will feel it first. The longer it

drags on, the deeper the airport lines

will get as TSA agents and air traffic

controllers go without pay and pass-

port processing slows down.

Worse, it actually makes our mili-

tary serve without pay. Don’t forget, in

the 2019 GOP shutdown, they forced

Coast Guard members into food banks.

That does not make America stronger.

Instead of making communities less

safe and handcuffing FEMA’s recovery

responsiveness, which this CR does,

why don’t Republicans join Democrats

to fight Big Pharma and keep lowering

drug prices like insulin?

Instead of a shutdown that closes So-

cial Security field offices, which this

CR does, and takes food from the

mouths of children, why won’t Repub-

licans join Democrats to bolster edu-

cation, healthcare, and climate invest-

ments like Americans want? Why? Be-

cause MAGA extremists don’t want to

make life better for all Americans.

They want to inflict pain on their own

leadership, on our government, and on

the American people. Why? Because it

covers up their lack of an agenda, ex-

cites their base, and throws gas on

their bonfires of distraction and chaos.

America deserves better than that

and so does this institution.

Mr. DIAZ-BALART. Mr. Speaker, I

yield 2 minutes to the gentleman from

Texas (Mr. A

RRINGTON

), the chairman

of the Committee on the Budget.

Mr. ARRINGTON. Mr. Speaker, poli-

cies have consequences. Over the last 2

years, we have seen a string of self-in-

flicted crises because of the policies of

my Democratic colleagues and this

President.

Let me give you examples: $11 tril-

lion over 2 years from my Democratic

colleagues, $6 trillion of which went to

the national debt, all of which lit the

fuse on this inflation firestorm, this

cost-of-living crisis that is punishing

working families from coast to coast.

We have to stop the spending that is

bankrupting this great country of ours.

This President’s dereliction of duty

to uphold the laws of the land, his fail-

ure to provide for a common defense, to

defend our sovereign borders, and to

put the safety and security of the

American people first has created an

unmitigated and unprecedented crisis

at the border, where we are being flood-

ed with criminal activity and drugs

that are killing people—300 a day, the

leading cause of death in the United

States.

We have a plan, and my Democratic

colleagues are going to have to respond

to that. We are going to fund the gov-

ernment and keep it open, but we are

going to give you measures to secure

the border and prioritize the safety of

the American people and reduce spend-

ing. We are going to save this country

and our children’s future while we are

at it because that is the responsible

thing to do not only for our country

and the citizens of our country but for

future generations of Americans who

will inherit the whirlwind if we don’t

start reining in this wasteful Wash-

ington spending.

Mr. Speaker, I rise in support of the

Republican funding bill, and I ask my

colleagues to do the same.

b 1230

Ms. D

LAURO. Mr. Speaker, I want

to take a few seconds here to let the

gentleman from Texas know that the

State of Texas will lose almost 14,000

teachers. That is going to be really

tough to explain that to families when

their children do not have a teacher in

the classroom.

In addition to that, almost 77,000

Texans will lose their low-income en-

ergy assistance benefits or have those

benefits cut. It is going to be a tough

time for folks, come the cooler months

or the warmer months, to take advan-

tage of this.

I think people need to be mindful of

the consequences of a 30 percent cut, or

in the case of LIHEAP, a 74 percent

cut, that they are proposing today.

Mr. Speaker, I yield 2 minutes to the

gentlewoman from Illinois (Mrs. R

AMI

REZ

Mrs. RAMIREZ. Mr. Speaker, I thank

the ranking member for yielding.

Mr. Speaker, I cannot believe that I

am standing here again having to re-

mind my colleagues that we are a na-

tion of immigrants. I am going to come

to this podium each time my Repub-

lican colleagues have amnesia about

where their families came from or try

to scapegoat the immigrant commu-

nity.

Introducing a continuing resolution

that cuts services and deports unac-

companied children, ending asylum,

and jailing families betrays a truth

about my colleagues.

They are more willing to scapegoat

and sacrifice the well-being of immi-

grants, children—that they say they

care so much about—babies—that they

say they care so much about—veterans,

the elderly and people experiencing

poverty than they are to do the hard

work of owning up to their failures,

their hypocrisy, their ineffective lead-

ership.

It is hypocritical to target immi-

grants when many of the people in this

Chamber have reaped the benefits of

immigrant labor and have become

wealthy on the backs of immigrant

sacrifice.

Let me tell you what my mother

tells me about her journey. It takes

courage to cross a border, to seek a job,

or to pursue an opportunity to raise

their children in safety.

The courage of our people stands in

stark contrast to the cowardice of my

colleagues. There is nothing people-

centered about this Republican CR.

There is nothing noble or redeeming

about it. It is time for a clean CR that

does not scapegoat the people this Na-

tion has been built on, and let’s stop

indulging the cowardice of my col-

leagues.

For this reason, Mr. Speaker, at the

appropriate time I will offer a motion

to recommit this bill back to com-

mittee. If the House rules permitted, I

would have offered the motion with an

important amendment to my bill. That

amendment would strike the section

that makes 30 percent cuts across the

board.

Mr. Speaker, I ask unanimous con-

sent to include the text of my amend-

ment in the R

ECORD

immediately prior

to the vote on the motion to recommit.

The SPEAKER pro tempore. Is there

objection to the request of the gentle-

woman from Illinois?

There was no objection.

Mr. DIAZ-BALART. Mr. Speaker, I

would remind my colleagues in the

House and the American people that

last year, 900 immigrants died trying

to cross the border. That is not hu-

mane. That is insane, and that we are

not willing to look away and tolerate

in the name of what? No. That is what

is intolerable.

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I will not be lectured, Mr. Speaker,

when 900 migrants died trying to get to

the United States, and when there are

thousands of children who are now

missing that were supposed to be taken

care of by the United States Federal

Government.

You don’t hear about that. That is

not humane. This legislation puts an

end to that insanity.

Mr. Speaker, I yield to the gentleman

from Ohio (Mr. J

ORDAN

), the chairman

of the Committee on the Judiciary.

Mr. JORDAN. Mr. Speaker, I thank

the gentleman for yielding.

Mr. Speaker, the fiscal year ends in

36 hours. This bill funds the govern-

ment. We have a $2 trillion deficit, $33

trillion debt. This bill cuts spending.

We have a border that is wide open.

This bill secures the border.

Those are three simple commonsense

things, but the most important of

those three is the one that Mr. D

IAZ

ALART

was just talking about, the

border situation.

Mr. Speaker, 2021 was the highest

number on record for illegal migrants

entering the country, the highest year

on record until 2022, and that was the

highest year on record until this year.

That is how bad this is.

Here is the important point: It is not

just conservatives, it is not just Repub-

licans talking about securing the bor-

der, the mayor of New York said the

migrant crisis will ‘‘destroy New York

City.’’

Everyone in the country knows what

needs to be done. This bill does it and

does it in a commonsense way. Reason-

able cuts in spending to deal with the

huge deficit we have, but most impor-

tantly it addresses the most pressing

issue we have.

The most pressing issue in the coun-

try today is the border situation. Ev-

eryone in the country knows it, it

seems, except Democrats in the United

States Congress.

Mr. Speaker, I urge a ‘‘yes’’ vote.

Ms. D

LAURO. Mr. Speaker, I would

take a second to tell the gentleman

from Ohio that 232,000 people in Ohio

will be without low-income energy as-

sistance benefits.

Further, there will be 5,500 teachers

who will be pulled out of classrooms,

and the families in both instances will

suffer while the gentleman talks about

issues that are not truly affecting what

is happening in the everyday lives of

the people that he represents.

Mr. Speaker, I yield 2 minutes to the

gentlewoman from Texas (Ms. J

ACKSON

Ms. JACKSON LEE. Mr. Speaker, let

me take a moment to offer my deepest

sympathy to the people of California,

her family, and the people of this Na-

tion on the passing of Senator F

EIN

STEIN

Mr. Speaker, this is a serious mo-

ment in history. This is a serious mo-

ment for patriots and persons coura-

geous enough to do the right thing.

I started out this morning by saying

it will be the American people that will

suffer, but it will be my neighbors in

Houston and my fellow Texans.

We have a solution, and I think it

should be very clearly stated. What my

friends on the other side of the aisle

are arguing is chaos and confusion.

They are arguing no solution. They are

shouting from the top of their lungs to

be heard and to generate excitement

for social media, but we have a very

calm situation.

The Senate has voted 77–19 to put for-

ward a reasoned extension, keeping the

funding as it is, making sure our mili-

tary is being paid, not cutting off

women and children from supplemental

nutrition—these are infants we are

talking about—and taking care of com-

munities, like the firefighters in the

West who are suffering after fighting

fires and other natural disasters.

They have a CR. It will come here. It

has a privileged status. That status

will allow us to vote. The government

will be open, and then the engagement

on issues that are in disagreement or

agreement could be worked out.

If we continue this shrill talk and

don’t reasonably act courageously as

patriots to be able to stop the suffering

of the American people, we will have

50,000 pounds of cocaine here because

we won’t have Customs and Border offi-

cers.

The SPEAKER pro tempore. The

time of the gentlewoman has expired.

Ms. D

LAURO. Mr. Speaker, I yield

an additional 30 seconds to the gentle-

woman from Texas.

Ms. JACKSON LEE. Mr. Speaker, I

thank the gentlewoman for yielding

additional time.

Mr. Speaker, we will have 110,000

children—where their parents are going

to work—that will have no Head Start

slots; 65,000 will not have access to

childcare; 60,000 seniors will be robbed

of nutrition programs. Then we will

have 2.3 million women, infants, and

children, as I said, without WIC. No

educational dollars, fewer teachers,

4,000 fewer safety inspections, and we

will be undermining law enforcement.

So if everyone wants to be shrill,

here is a solution. Bring the tempera-

ture down, pass the Senate CR, open

the doors, and stop these draconian

cuts because you are hurting the Amer-

ican people and my fellow Houstonians.

Mr. Speaker, I rise to speak in opposition to

H.R. 5525 Continuing Appropriations and Bor-

der Security Enhancement Act, 2024.

The reckless funding proposal included in

this bill would painfully impact the lives of mil-

lions of Americans by making disastrous cuts

to programs that workers and families count

on every day.

Mr. Speaker, my colleagues on the other

side of the aisle are more focused on intro-

ducing unpopular and dangerous funding bills

that cut virtually all non-defense discretionary

funding by 8 percent than working on a bipar-

tisan solution that could be enacted.

The Republican funding bill is a short-term

radical solution and would only keep the gov-

ernment open until October 31, 2023.

This deadline guarantees Congress will

need to pass another Continuing Resolution

(CR) and means either House Republicans

will slash critical resources again at the end of

October or the dangerous cuts in this extreme

bill will be in place until Congress is able to

pass all 12 full-year bills.

In exchange for keeping the government

open, House Republicans are:

Slashing investments in the National Insti-

tutes of Health (NIH). Medical research into

treatments and cures for diseases like cancer,

Alzheimer’s, and heart disease would be cut

with the reduction of 2,000 research grants.

Furthering their goal of eliminating public

education by cutting funding for Title I, IDEA,

and Head Start. Cuts to Title I and IDEA

would be the equivalent of removing more

than 40,000 teachers and service providers

from classrooms serving low-income students

and students with disabilities. And approxi-

mately 100,000 children would lose access to

Head Start, undermining early education for

children in low-income communities and par-

ents’ ability to go to work.

Failing to support communities recovering

from natural disasters. In the midst of hurri-

cane season and with several response and

recovery efforts to major disasters underway,

this bill harms FEMA’s readiness by failing to

address the urgent need for additional Dis-

aster Relief Funds to address existing short-

falls and respond to future unknown disasters.

Cutting border security funding. Despite

claims that this bill prioritizes border security,

it does the opposite by cutting funding critical

to those operations. The bill would ensure dis-

ruption and chaos at the border, harm our

economy, empower transnational criminal or-

ganizations, endanger communities, and put

our agents’ and officers’ lives at risk.

Neglecting our water infrastructure by cut-

ting funds to the Army Corps of Engineers.

House Republicans are cutting funds to the

Army Corps of Engineers Construction activi-

ties by 21 percent. With $444 million slashed

from the Corps of Engineers’ Construction ac-

tivities, projects critical to waterway navigation

of supply chains, reducing flood and storm

damage, or providing ecosystem restoration

would freeze.

Taking food out of the mouths of children,

families, and seniors. House Republicans are

threatening food safety, raising the costs of

food, and killing jobs in rural communities by

slashing the Food Safety and Inspection Serv-

ice (FSIS) by 11 percent (or $124 million).

Turning their backs on America’s small busi-

nesses. The Small Business Administration

(SBA), Entrepreneurial Development Programs

would be cut by 8.1 percent. This means ap-

proximately 107,000 fewer small businesses

would be assisted. This would have a signifi-

cant impact on underserved communities such

as Veterans, Women, and Native American

entrepreneurs.

Slashing resources for the 988 Suicide &

Crisis Lifeline and Opioid Use Disorder treat-

ment. The Republican CR cuts funding for the

988 Suicide and Crisis Lifeline by 18 percent.

Nearly 1 million people facing a suicidal or

mental health crisis would be unable to access

support services through the 988 Suicide and

Crisis Lifeline, and thousands of individuals

would be denied admission to opioid use dis-

order treatment, denying them a potentially

life-saving path to recovery.

Mr. Speaker, their unrealistic proposals al-

most guarantee that our government will shut

down tomorrow at midnight.

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A Republican government shutdown would

hurt hard working families in Texas:

172,877 active duty and reserve personnel

serving our nation’s armed forces in Texas

would be forced to go without the pay they

earn during a shutdown.

The Small Business Administration would

stop processing small business loans, halting

a program that provides $2,742,702,800 in

funding to small businesses in Texas every

year.

176,276 people flying through Texas air-

ports every day would face potential delays

and safety concerns due to staffing impacts on

TSA agents and air traffic controllers.

786,686 people in Texas would soon lose

access to Special Supplemental Nutrition Pro-

gram for Women, Infants, and Children (WIC)

benefits.

168,4l3 federal workers in Texas would be

furloughed or forced to work without pay, in

addition to the many employees of businesses

with government contracts who could be laid

off, furloughed, or see their hours cut.

Workers at the Food and Drug Administra-

tion (FDA) would be sidelined, risking interrup-

tions and delays to the 892 food safety, phar-

maceutical manufacturing, and other inspec-

tions conducted in Texas last year.

The Department of Agriculture would be

forced to stop processing housing loans,

which provide $456,125,359 in funding to help

2,742 families in rural Texas communities buy

homes every year.

The Department of Agriculture would be

forced to stop processing farm loans which

provide $209,391,000 in funding for farmers in

Texas every year.

3,291,584 Supplemental Nutrition Assist-

ance Program (SNAP) beneficiaries in Texas

would lose access to benefits in a prolonged

shutdown.

5,4l3,161 people who visit national parks in

Texas every year would be turned away or un-

able to fully access parks, monuments, and

museums.

State governments would be forced to pay

for federal services like the Temporary Assist-

ance for Needy Families (TANF) program, po-

tentially risking benefits for the 20,846 TANF

beneficiaries in Texas.

Mr. Speaker, I urge all my colleagues to op-

pose H.R. 5525 as its passage would be detri-

mental to lives of millions of Americans.

Mr. DIAZ-BALART. Mr. Speaker, I

will remind everyone what we are talk-

ing about today.

This keeps the government open. It

secures the border, and it, frankly, re-

duces wasteful spending. That is what

we are dealing with here.

Mr. Speaker, I yield 2 minutes to the

gentleman from Texas (Mr. R

Mr. ROY. Mr. Speaker, I thank my

friend from Florida for yielding.

Mr. Speaker, I rise in support of this

legislation, strongly in support of this

legislation.

This is legislation that will make

sure our troops are paid. It will make

sure that our military can continue to

do its job. It will make sure that our

border is secured, and it will simply re-

turn funding of the Federal bureauc-

racy to pre-COVID levels. That is what

we are talking about here. That is

what my colleagues on the other side

of the aisle are so up in arms about,

that we must have a bureaucracy,

bloated with massive expenditures in a

post-COVID universe, or your life, as

you know it, is going to end.

When the Declaration of Independ-

ence was written, when our unalienable

rights to life, liberty, and the pursuit

of happiness were drafted, those rights

did not emanate from this floor.

That pursuit of happiness did not

come from this floor or anywhere in

this building because this building

didn’t exist. It didn’t come from Con-

gress because Congress didn’t exist.

The fact is that no matter what hap-

pens heading into this weekend, what-

ever the result, there are 50 State gov-

ernments that are continuing to oper-

ate. There are 3,000 counties, county

governments operating. There are

20,000 city and municipalities with gov-

ernments operating; 12,000 independent

school districts, because we have a

Federal system of government and we

are supposed to take care of ourselves

and our families and our communities.

We are not supposed to bankrupt our

country and devalue the dollar and

drive up inflation such that the Amer-

ican people can no longer afford to live.

That is what my colleagues on the

other side of the aisle are doing with

blank checks, with more borrowing,

more taxing, more spending, destroy-

ing the future of this country. That

stops now. We stand up on this side of

the aisle for sanity and a secure border.

Mr. Speaker, I support this legisla-

tion.

Ms. D

LAURO. Mr. Speaker, I find it

hard to believe that the gentleman

from Texas believes that wasteful

spending is on teachers who really

teach our youngsters, and 14,000 of

them will be gone in the State of

Texas.

I find it hard to believe that it is

wasteful spending to deal with 77,000

people who will lose their LIHEAP ben-

efits. Is that wasteful spending, for

people to have heat or be cooled or kids

being taught in school?

Let’s talk about wasteful spending

and the tax cuts my colleagues on the

other side of the aisle are willing to

give the richest one-tenth of 1 percent

of the people in this country and the

richest corporations, and tax cheats, I

might add, as well.

Mr. Speaker, I yield 2 minutes to the

gentleman from New York (Mr.

SPAILLAT

), the distinguished ranking

member of the Legislative Branch Sub-

committee.

Mr. ESPAILLAT. Mr. Speaker, I rise

in strong opposition to H.R. 5525, the

so-called spending reduction and bor-

der security act.

You want border security, Mr. Speak-

er, let’s do comprehensive immigration

reform. Let’s do it the way Ronald

Reagan did it back in the day: He

looked at everybody, all the families,

and allowed the men to work and con-

tribute to our economy.

This is a reprehensible and irascible

spending bill that slashes critical re-

sources from working-class families.

House Republicans are defunding law

enforcement. The so-called party of

public safety is now defunding law en-

forcement. So if something is hap-

pening in your district or your neigh-

borhood and you call the police and

they are late, law enforcement should

blame it on these cuts. The response

time will be impacted dramatically.

Social Security offices will be clos-

ing. Yes, I have seen the lines going

around the block with seniors as early

as 6 o’clock in the morning.

Guess what? They will be closing.

This bill is taking food out of chil-

dren’s mouths, and the mouths of fami-

lies, impacting Title 1 schools with

poverty levels—never seen before pov-

erty levels, and Title 3 students,

English language learners, and taking

thousands upon thousands of teachers

out of the classroom. Is this the way to

avoid a shutdown?

b 1245

This is a way to hurt families—work-

ing-class families, middle-class fami-

lies—that depend on these vital pro-

grams, Mr. Speaker, to survive and

move forward.

Nearly 150,000 teachers and service

providers will be removed from the

classroom serving low-income students

and students with disabilities.

In addition to that, approximately

275,000 kids will lose access to Head

Start—Head Start, the only surviving

program from the sixties that gives a

head start to children will be cut.

Mr. DIAZ-BALART. Mr. Speaker, I

yield 2 minutes to the gentleman from

Florida (Mr. D

ONALDS

), a friend and

neighbor of my district.

Mr. DONALDS. Mr. Speaker, $2 tril-

lion deficit, $33 trillion in debt, and

Washington just wants to continue to

grow.

Mr. Speaker, 20 percent inflation

year over year is crippling every fam-

ily in our country, and 8 percent mort-

gage rates are squeezing our real estate

market, and Washington just wants to

grow and grow.

Our cities are overrun with migrants

because of the reckless policies of the

President of the United States.

Fentanyl is killing 85,000 Americans

year over year, and congressional

Democrats refuse to secure the border.

Mr. Speaker, enough is enough. This

bill does one very important thing—

really two very important things.

Number one, it returns our govern-

ment back to pre-COVID spending lev-

els of 2019. COVID–19 is over. Why can’t

our government live within its means?

Our people have to live within their

means; our government should, as well.

I remember when there was a baby

formula shortage and mothers couldn’t

get food for their infants. Joe Biden

was nowhere. Congressional Democrats

were nowhere. All they said was spend