[Congressional Record Volume 169, Number 159 (Friday, September 29, 2023)]
[House]
[Pages H4870-H4898]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CONTINUING APPROPRIATIONS AND BORDER SECURITY ENHANCEMENT ACT, 2024
Mr. DIAZ-BALART. Mr. Speaker, pursuant to House Resolution 741, I
call up the bill (H.R. 5525) making continuing 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. Bost). 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 Representatives 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 follows:
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 border.
Sec. 104. Border and port security technology investment plan.
Sec. 105. Border security technology program management.
Sec. 106. U.S. Customs and Border Protection technology upgrades.
Sec. 107. U.S. Customs and Border Protection personnel.
Sec. 108. Anti-Border Corruption Act reauthorization.
Sec. 109. Establishment of workload staffing models for U.S. Border
Patrol and Air and Marine Operations of CBP.
Sec. 110. Operation Stonegarden.
Sec. 111. Air and Marine Operations flight hours.
Sec. 112. Eradication of carrizo cane and salt cedar.
Sec. 113. Border patrol strategic plan.
Sec. 114. U.S. Customs and Border Protection spiritual readiness.
Sec. 115. Restrictions on funding.
Sec. 116. Collection of DNA and biometric information at the border.
Sec. 117. Eradication of narcotic drugs and formulating effective new
tools to address yearly losses of life; ensuring timely
updates to U.S. Customs and Border Protection field
manuals.
Sec. 118. Publication by U.S. Customs and Border Protection of
operational statistics.
Sec. 119. Alien criminal background checks.
Sec. 120. Prohibited identification documents at airport security
checkpoints; notification to immigration agencies.
Sec. 121. Prohibition against any COVID-19 vaccine mandate or adverse
action against DHS employees.
Sec. 122. CBP One app limitation.
Sec. 123. Report on Mexican drug cartels.
Sec. 124. GAO study on costs incurred by States to secure the southwest
border.
Sec. 125. Report by Inspector General of the Department of Homeland
Security.
Sec. 126. Offsetting authorizations of appropriations.
Sec. 127. Report to Congress on foreign terrorist organizations.
Sec. 128. Assessment by Inspector General of the Department of Homeland
Security on the mitigation of unmanned aircraft systems
at the southwest border.
DIVISION 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 eligibility.
Sec. 108. Firm resettlement.
Sec. 109. Notice concerning frivolous asylum applications.
Sec. 110. Technical amendments.
Sec. 111. Requirement for procedures relating to certain asylum
applications.
TITLE II--BORDER SAFETY AND MIGRANT PROTECTION
Sec. 201. Inspection of applicants for admission.
Sec. 202. Operational detention facilities.
TITLE III--PREVENTING UNCONTROLLED MIGRATION FLOWS IN THE WESTERN
HEMISPHERE
Sec. 301. United States policy regarding Western Hemisphere cooperation
on immigration and asylum.
Sec. 302. Negotiations by Secretary of State.
Sec. 303. Mandatory briefings on United States efforts to address the
border crisis.
TITLE IV--ENSURING UNITED FAMILIES AT THE BORDER
Sec. 401. Clarification of standards for family detention.
TITLE V--PROTECTION OF CHILDREN
Sec. 501. Findings.
Sec. 502. Repatriation of unaccompanied alien children.
Sec. 503. Special immigrant juvenile status for immigrants unable to
reunite with either parent.
Sec. 504. Rule of construction.
TITLE VI--VISA OVERSTAYS PENALTIES
Sec. 601. Expanded penalties for illegal entry or presence.
TITLE VII--IMMIGRATION PAROLE REFORM
Sec. 701. Immigration parole reform.
Sec. 702. Implementation.
Sec. 703. Cause of action.
Sec. 704. Severability.
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' contained in any division of this Act shall be
treated as referring only to the provisions of that division.
DIVISION A--CONTINUING APPROPRIATIONS ACT, 2024
The following sums are hereby appropriated, out of any
money in the Treasury not otherwise appropriated, and out of
applicable corporate or other revenues, receipts, and funds,
for the several departments, agencies, corporations, and
other organizational units of Government for fiscal year
2024, and for other purposes, namely:
Sec. 101. (a) Such amounts as may be necessary, at a rate
for operations as provided in the applicable appropriations
Acts for fiscal year 2023 and under the authority and
conditions provided in such Acts, for continuing 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
available 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 Appropriations 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 Petroleum Account''.
(5) The Financial Services and General Government
Appropriations Act, 2023 (division E of Public Law 117-328).
(6) The Department of Homeland Security Appropriations Act,
2023 (division F of Public
[[Page H4871]]
Law 117-328), including title III of division O of Public Law
117-328.
(7) The Department of the Interior, Environment, and
Related Agencies Appropriations 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 Operations, and
Related Programs Appropriations 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 subsection (a) is
hereby reduced by 29.88565 percent, so that the total amount
of annualized discretionary budget authority for fiscal year
2024 is equal to $1,470,979,000,000: Provided, 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 Security, or amounts designated as being for
disaster relief pursuant to section 251(b)(2)(D) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 102. (a) No appropriation or funds made available or
authority granted pursuant to section 101 for the Department
of Defense 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; or
(3) the initiation, resumption, or continuation of any
project, activity, operation, or organization (defined as any
project, subproject, activity, budget activity, program
element, and subprogram within a program element, and for any
investment items defined 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 appropriation account) for which appropriations, funds, or
other authority were not available during fiscal year 2023.
(b) No appropriation or funds made available or authority
granted pursuant to section 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.
Sec. 103. Appropriations made by section 101 shall be
available to the extent and in the manner that would be
provided by the pertinent appropriations Act.
Sec. 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 resume
any project or activity for which appropriations, funds, or
other authority were not available during fiscal year 2023.
Sec. 105. Appropriations made and authority 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.
Sec. 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 appropriation for any
project or activity provided for in this Act.
(2) The enactment into law of the applicable appropriations
Act for fiscal year 2024 without any provision for such
project or activity.
(3) October 31, 2023.
Sec. 107. Expenditures made pursuant to this Act shall be
charged to the applicable appropriation, fund, or
authorization whenever a bill in which such applicable
appropriation, fund, or authorization is contained is enacted
into law.
Sec. 108. Appropriations made and funds made available by
or authority granted pursuant to this Act may be used without
regard 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.
Sec. 109. Notwithstanding any other provision of this Act,
except section 106, for those programs that would otherwise
have high initial rates of operation or complete distribution
of appropriations at the beginning of fiscal year 2024
because of distributions of funding to States, foreign
countries, grantees, or others, such high initial rates of
operation 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.
Sec. 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.
Sec. 111. (a) For entitlements and other mandatory payments
whose budget authority 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 applicable
appropriations Act for fiscal year 2023, to be continued
through the date specified in section 106(3).
(b) Notwithstanding section 106, obligations 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.
Sec. 112. Amounts made available under section 101 for
civilian personnel compensation 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, consistent with the applicable
appropriations Act for fiscal year 2023, except that such
authority 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.
Sec. 113. Funds appropriated by this Act may be obligated
and expended notwithstanding section 10 of Public Law 91-672
(22 U.S.C. 2412), section 15 of the State Department 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)).
Sec. 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 concurrent resolution on
the budget for fiscal year 2022, and section 1(e) of H. Res.
1151 (117th Congress), as engrossed in the House of
Representatives on June 8, 2022, is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced 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 concurrent resolution on the budget in the
Senate and section 1(f) of H. Res. 1151 (117th Congress), as
engrossed in the House of Representatives on June 8, 2022, is
designated by the Congress as being for disaster relief
pursuant to section 251(b)(2)(D) of such Act.
(c) This section shall become effective immediately upon
enactment of this Act, and shall remain in effect through the
date in section 106(3).
Sec. 115. (a) Rescissions or cancellations of discretionary
budget authority that continue pursuant to section 101 in
Treasury Appropriations 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.
(c) No later than October 11, 2023, the Director of the
Office of Management and Budget shall provide to the
Committees on Appropriations of the House of Representatives
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 cancellation
in the applicable appropriations Act referenced in section
101, and such updates shall be transmitted to the Committees
on Appropriations of the House of Representatives and the
Senate upon request.
Sec. 116. Amounts made available by section 101 for ``Farm
Service Agency--Agricultural Credit Insurance Fund Program
Account'' may be apportioned up to the rate for operations
necessary to accommodate approved applications for direct and
guaranteed farm ownership loans, as authorized by 7 U.S.C.
1922 et seq.
Sec. 117. Amounts made available by section 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 activities as authorized by
section 521(a)(2) of the Housing Act of 1949.
Sec. 118. Section 260 of the Agricultural Marketing Act of
1946 (7 U.S.C. 1636i) and section 942 of the Livestock
Mandatory Reporting 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''.
Sec. 119. Notwithstanding sections 102 and 104 of this
Act, amounts made available by
[[Page H4872]]
section 101(3) for the Department of Defense may be
apportioned up to the rate for operations necessary to
facilitate the programs and activities set forth in H.R.
4365, the Department of Defense Appropriations Act, 2024,
reported by the House Committee on Appropriations on June 27,
2023, subject to the terms and conditions therein.
Sec. 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 Columbia Class
Submarine.
Sec. 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''.
Sec. 122. In addition to amounts otherwise provided by
section 101, amounts are provided for ``Department of
Energy--Energy Programs--Nuclear Energy'' at a rate for
operations of $220,000,000: Provided, That amounts are
provided for necessary expenses related to Risk Reduction for
Future Demonstrations at a rate for operations of
$120,000,000 and Advanced Nuclear Fuel Availability at a rate
for operations of $100,000,000.
Sec. 123. Amounts made available by section 101 for
``Small Business Administration--Business Loans Program
Account'' may be apportioned up to the rate for operations
necessary to accommodate increased demand for commitments for
general business loans authorized under paragraphs (1)
through (35) of section 7(a) of the Small Business 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 debentures under section 303(b) of the Small Business
Investment Act of 1958 (15 U.S.C. 683(b)).
Sec. 124. Notwithstanding any other provision of this Act,
except section 106, the District 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.
Sec. 125. Amounts made available by section 101 to the
Department of Homeland Security under the heading ``Federal
Emergency 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 Assistance Act (42
U.S.C. 5121 et seq.).
Sec. 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 application,
to facilitate the parole of any alien into the United States.
Sec. 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
section 462 of the Homeland Security Act of 2002 (6 U.S.C.
279)).
Sec. 128. Amounts provided by section 101 shall not be
made available to issue any employment 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.
Sec. 129. Amounts provided by section 101 shall not be
made available to obligate, expend, or transfer to another
Federal agency, board, or commission to be used to dismantle,
demolish, remove, or damage existing 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 simultaneously being repaired or
replaced.
Sec. 130. Amounts provided by section 101 shall not be
made available to implement, administer, or otherwise carry
out the activities and policies described in the memorandum
issued by the Secretary of Homeland Security on September 30,
2021, entitled ``Guidelines for the Enforcement of Civil
Immigration Law'' or described in the memorandum issued by
Kerry Doyle, Immigration and Customs Enforcement Principal
Legal Advisor on April 3, 2022, entitled ``Guidance to OPLA
Attorneys Regarding the Enforcement of Civil Immigration Laws
and the Exercise of 20 Prosecutorial Discretion'' or any
successor or similar memorandum or policy.
Sec. 131. Amounts provided by section 101 shall not be
made available to implement, administer, or otherwise carry
out the policies described in the directive issued by the
Acting Commissioner of U.S. Customs and Border Protection on
January 10, 2023, entitled ``Emergency Driving and Vehicular
Pursuits''.
Sec. 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 Removal, and CAT
Protection Claims by Asylum Officers'' (87 Fed. Reg. 18078).
Sec. 133. Amounts provided by section 101 shall not be
made available to release (including pursuant to parole or
release pursuant 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 described in
section 235(b)(3).
Sec. 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).
Sec. 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 enactment 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.
Sec. 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 Secretary 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.
(c) No funds transferred pursuant to this section may be
obligated without prior written notification, to the
Committees on Appropriations 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.
Sec. 137. Notwithstanding section 101, section 126 of
Division J of Public Law 117-328 shall be applied during the
period covered by this Act by substituting ``fiscal year
2017, fiscal year 2018, and fiscal year 2019'' for ``fiscal
year 2017 and fiscal year 2018''.
This division may be cited as the ``Continuing
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 pursuant 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 EFFECTS.
Notwithstanding Rule 3 of the Budget Scorekeeping
Guidelines set forth in the joint explanatory statement of
the committee of conference accompanying Conference 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 section 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. Customs and Border
Protection.
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner of U.S. Customs and Border Protection.
(3) Department.--The term ``Department'' means the
Department of Homeland Security.
(4) Operational control.--The term ``operational control''
has the meaning given such term in section 2(b) of the Secure
Fence Act of 2006 (Public Law 109-367; 8 U.S.C. 1701 note).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(6) Situational awareness.--The term ``situational
awareness'' has the meaning given such term in section
1092(a)(7) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 6 U.S.C. 223(a)(7)).
(7) Unmanned aircraft system.--The term ``unmanned aircraft
system'' has the meaning given such term in section 44801 of
title 49, United States Code.
SEC. 102. BORDER WALL CONSTRUCTION.
(a) In General.--
(1) Immediate resumption of border wall construction.--Not
later than seven days after the date of the enactment of this
Act, the Secretary shall resume all activities related to the
construction of the border wall along the border between the
United States and Mexico that were underway or being planned
for prior to January 20, 2021.
[[Page H4873]]
(2) Use of funds.--To carry out this section, the Secretary
shall expend all unexpired funds appropriated or explicitly
obligated for the construction of the border wall that were
appropriated or obligated, as the case may be, for use
beginning on October 1, 2019.
(3) Use of materials.--Any unused materials purchased
before the date of the enactment of this Act for construction
of the border wall may be used for activities related to the
construction of the border wall in accordance with paragraph
(1).
(b) Plan To Complete Tactical Infrastructure and
Technology.--Not later than 90 days after the date of the
enactment of this Act and annually thereafter until
construction of the border wall has been completed, the
Secretary shall submit to the appropriate congressional
committees an implementation plan, including annual
benchmarks for the construction of 200 miles of such wall and
associated cost estimates for satisfying all requirements of
the construction of the border wall, including installation
and deployment of tactical infrastructure, technology, and
other elements as identified by the Department prior to
January 20, 2021, through the expenditure of funds
appropriated or explicitly obligated, as the case may be, for
use, as well as any future funds appropriated or otherwise
made available by Congress.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee
on Homeland Security and the Committee on Appropriations of
the House of Representatives and the Committee on Homeland
Security and Governmental Affairs and the Committee on
Appropriations of the Senate.
(2) Tactical infrastructure.--The term ``tactical
infrastructure'' includes boat ramps, access gates,
checkpoints, lighting, and roads associated with a border
wall.
(3) Technology.--The term ``technology'' includes border
surveillance and detection technology, including linear
ground detection systems, associated with a border wall.
SEC. 103. STRENGTHENING THE REQUIREMENTS FOR BARRIERS ALONG
THE SOUTHERN BORDER.
Section 102 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Division C of Public Law 104-208;
8 U.S.C. 1103 note) is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--The Secretary of Homeland Security shall
take such actions as may be necessary (including the removal
of obstacles to detection of illegal entrants) to design,
test, construct, install, deploy, integrate, and operate
physical barriers, tactical infrastructure, and technology in
the vicinity of the southwest border to achieve situational
awareness and operational control of the southwest border and
deter, impede, and detect unlawful activity.'';
(2) in subsection (b)--
(A) in the subsection heading, by striking ``Fencing and
Road Improvements'' and inserting ``Physical Barriers'';
(B) in paragraph (1)--
(i) in the heading, by striking ``fencing'' and inserting
``barriers'';
(ii) by amending subparagraph (A) to read as follows:
``(A) Reinforced barriers.--In carrying out this section,
the Secretary of Homeland Security shall construct a border
wall, including physical barriers, tactical infrastructure,
and technology, along not fewer than 900 miles of the
southwest border until situational awareness and operational
control of the southwest border is achieved.'';
(iii) by amending subparagraph (B) to read as follows:
``(B) Physical barriers and tactical infrastructure.--In
carrying out this section, the Secretary of Homeland Security
shall deploy along the southwest border the most practical
and effective physical barriers, tactical infrastructure, and
technology available for achieving situational awareness and
operational control of the southwest border.'';
(iv) in subparagraph (C)--
(I) by amending clause (i) to read as follows:
``(i) In general.--In carrying out this section, the
Secretary of Homeland Security shall consult with the
Secretary of the Interior, the Secretary of Agriculture,
appropriate representatives of State, Tribal, and local
governments, and appropriate private property owners in the
United States to minimize the impact on natural resources,
commerce, and sites of historical or cultural significance
for the communities and residents located near the sites at
which physical barriers, tactical infrastructure, and
technology are to be constructed. Such consultation may not
delay such construction for longer than seven days.''; and
(II) in clause (ii)--
(aa) in subclause (I), by striking ``or'' after the
semicolon at the end;
(bb) by amending subclause (II) to read as follows:
``(II) delay the transfer to the United States of the
possession of property or affect the validity of any property
acquisition by the United States by purchase or eminent
domain, or to otherwise affect the eminent domain laws of the
United States or of any State; or''; and
(cc) by adding at the end the following new subclause:
``(III) create any right or liability for any party.''; and
(v) by striking subparagraph (D);
(C) in paragraph (2)--
(i) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security'';
(ii) by striking ``this subsection'' and inserting ``this
section''; and
(iii) by striking ``construction of fences'' and inserting
``the construction of physical barriers, tactical
infrastructure, and technology'';
(D) by amending paragraph (3) to read as follows:
``(3) Agent safety.--In carrying out this section, the
Secretary of Homeland Security, when designing, testing,
constructing, installing, deploying, integrating, and
operating physical barriers, tactical infrastructure, or
technology, shall incorporate such safety features into such
design, test, construction, installation, deployment,
integration, or operation of such physical barriers, tactical
infrastructure, or technology, as the case may be, that the
Secretary determines are necessary to maximize the safety and
effectiveness of officers and agents of the Department of
Homeland Security or of any other Federal agency deployed in
the vicinity of such physical barriers, tactical
infrastructure, or technology.''; and
(E) in paragraph (4), by striking ``this subsection'' and
inserting ``this section'';
(3) in subsection (c)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--Notwithstanding any other provision of
law, the Secretary of Homeland Security shall waive all legal
requirements necessary to ensure the expeditious design,
testing, construction, installation, deployment, integration,
operation, and maintenance of the physical barriers, tactical
infrastructure, and technology under this section. The
Secretary shall ensure the maintenance and effectiveness of
such physical barriers, tactical infrastructure, or
technology. Any such action by the Secretary shall be
effective upon publication in the Federal Register.'';
(B) by redesignating paragraph (2) as paragraph (3); and
(C) by inserting after paragraph (1) the following new
paragraph:
``(2) Notification.--Not later than seven days after the
date on which the Secretary of Homeland Security exercises a
waiver pursuant to paragraph (1), the Secretary shall notify
the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate of such waiver.''; and
(4) by adding at the end the following new subsections:
``(e) Technology.--In carrying out this section, the
Secretary of Homeland Security shall deploy along the
southwest border the most practical and effective technology
available for achieving situational awareness and operational
control.
``(f) Definitions.--In this section:
``(1) Advanced unattended surveillance sensors.--The term
`advanced unattended surveillance sensors' means sensors that
utilize an onboard computer to analyze detections in an
effort to discern between vehicles, humans, and animals, and
ultimately filter false positives prior to transmission.
``(2) Operational control.--The term `operational control'
has the meaning given such term in section 2(b) of the Secure
Fence Act of 2006 (Public Law 109-367; 8 U.S.C. 1701 note).
``(3) Physical barriers.--The term `physical barriers'
includes reinforced fencing, the border wall, and levee
walls.
``(4) Situational awareness.--The term `situational
awareness' has the meaning given such term in section
1092(a)(7) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 6 U.S.C. 223(a)(7)).
``(5) Tactical infrastructure.--The term `tactical
infrastructure' includes boat ramps, access gates,
checkpoints, lighting, and roads.
``(6) Technology.--The term `technology' includes border
surveillance and detection technology, including the
following:
``(A) Tower-based surveillance technology.
``(B) Deployable, lighter-than-air ground surveillance
equipment.
``(C) Vehicle and Dismount Exploitation Radars (VADER).
``(D) 3-dimensional, seismic acoustic detection and ranging
border tunneling detection technology.
``(E) Advanced unattended surveillance sensors.
``(F) Mobile vehicle-mounted and man-portable surveillance
capabilities.
``(G) Unmanned aircraft systems.
``(H) Tunnel detection systems and other seismic
technology.
``(I) Fiber-optic cable.
``(J) Other border detection, communication, and
surveillance technology.
``(7) Unmanned aircraft system.--The term `unmanned
aircraft system' has the meaning given such term in section
44801 of title 49, United States Code.''.
SEC. 104. BORDER AND PORT SECURITY TECHNOLOGY INVESTMENT
PLAN.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Commissioner, in consultation
with covered officials and border and port security
technology stakeholders, shall submit to the appropriate
congressional committees a strategic 5-year technology
investment plan (in this section referred to as the
``plan''). The plan may include a classified annex, if
appropriate.
[[Page H4874]]
(b) Contents of Plan.--The plan shall include the
following:
(1) An analysis of security risks at and between ports of
entry along the northern and southern borders of the United
States.
(2) An identification of capability gaps with respect to
security at and between such ports of entry to be mitigated
in order to--
(A) prevent terrorists and instruments of terror from
entering the United States;
(B) combat and reduce cross-border criminal activity,
including--
(i) the transport of illegal goods, such as illicit drugs;
and
(ii) human smuggling and human trafficking; and
(C) facilitate the flow of legal trade across the southwest
border.
(3) An analysis of current and forecast trends relating to
the number of aliens who--
(A) unlawfully entered the United States by crossing the
northern or southern border of the United States; or
(B) are unlawfully present in the United States.
(4) A description of security-related technology
acquisitions, to be listed in order of priority, to address
the security risks and capability gaps analyzed and
identified pursuant to paragraphs (1) and (2), respectively.
(5) A description of each planned security-related
technology program, including objectives, goals, and
timelines for each such program.
(6) An identification of each deployed security-related
technology that is at or near the end of the life cycle of
such technology.
(7) A description of the test, evaluation, modeling, and
simulation capabilities, including target methodologies,
rationales, and timelines, necessary to support the
acquisition of security-related technologies pursuant to
paragraph (4).
(8) An identification and assessment of ways to increase
opportunities for communication and collaboration with the
private sector, small and disadvantaged businesses,
intragovernment entities, university centers of excellence,
and federal laboratories to ensure CBP is able to engage with
the market for security-related technologies that are
available to satisfy its mission needs before engaging in an
acquisition of a security-related technology.
(9) An assessment of the management of planned security-
related technology programs by the acquisition workforce of
CBP.
(10) An identification of ways to leverage already-existing
acquisition expertise within the Federal Government.
(11) A description of the security resources, including
information security resources, required to protect security-
related technology from physical or cyber theft, diversion,
sabotage, or attack.
(12) A description of initiatives to--
(A) streamline the acquisition process of CBP; and
(B) provide to the private sector greater predictability
and transparency with respect to such process, including
information relating to the timeline for testing and
evaluation of security-related technology.
(13) An assessment of the privacy and security impact on
border communities of security-related technology.
(14) In the case of a new acquisition leading to the
removal of equipment from a port of entry along the northern
or southern border of the United States, a strategy to
consult with the private sector and community stakeholders
affected by such removal.
(15) A strategy to consult with the private sector and
community stakeholders with respect to security impacts at a
port of entry described in paragraph (14).
(16) An identification of recent technological advancements
in the following:
(A) Manned aircraft sensor, communication, and common
operating picture technology.
(B) Unmanned aerial systems and related technology,
including counter-unmanned aerial system technology.
(C) Surveillance technology, including the following:
(i) Mobile surveillance vehicles.
(ii) Associated electronics, including cameras, sensor
technology, and radar.
(iii) Tower-based surveillance technology.
(iv) Advanced unattended surveillance sensors.
(v) Deployable, lighter-than-air, ground surveillance
equipment.
(D) Nonintrusive inspection technology, including non-x-ray
devices utilizing muon tomography and other advanced
detection technology.
(E) Tunnel detection technology.
(F) Communications equipment, including the following:
(i) Radios.
(ii) Long-term evolution broadband.
(iii) Miniature satellites.
(c) Leveraging the Private Sector.--To the extent
practicable, the plan shall--
(1) leverage emerging technological capabilities, and
research and development trends, within the public and
private sectors;
(2) incorporate input from the private sector, including
from border and port security stakeholders, through requests
for information, industry day events, and other innovative
means consistent with the Federal Acquisition Regulation; and
(3) identify security-related technologies that are in
development or deployed, with or without adaptation, that may
satisfy the mission needs of CBP.
(d) Form.--To the extent practicable, the plan shall be
published in unclassified form on the website of the
Department.
(e) Disclosure.--The plan shall include an identification
of individuals not employed by the Federal Government, and
their professional affiliations, who contributed to the
development of the plan.
(f) Update and Report.--Not later than the date that is two
years after the date on which the plan is submitted to the
appropriate congressional committees pursuant to subsection
(a) and biennially thereafter for ten years, the Commissioner
shall submit to the appropriate congressional committees--
(1) an update of the plan, if appropriate; and
(2) a report that includes--
(A) the extent to which each security-related technology
acquired by CBP since the initial submission of the plan or
most recent update of the plan, as the case may be, is
consistent with the planned technology programs and projects
described pursuant to subsection (b)(5); and
(B) the type of contract and the reason for acquiring each
such security-related technology.
(g) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and the Committee on
Appropriations of the House of Representatives; and
(B) the Committee on Homeland Security and Governmental
Affairs and the Committee on Appropriations of the Senate.
(2) Covered officials.--The term ``covered officials''
means--
(A) the Under Secretary for Management of the Department;
(B) the Under Secretary for Science and Technology of the
Department; and
(C) the Chief Information Officer of the Department.
(3) Unlawfully present.--The term ``unlawfully present''
has the meaning provided such term in section
212(a)(9)(B)(ii) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(9)(B)(ii)).
SEC. 105. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.
(a) In General.--Subtitle C of title IV of the Homeland
Security Act of 2002 (6 U.S.C. 231 et seq.) is amended by
adding at the end the following new section:
``SEC. 437. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.
``(a) Major Acquisition Program Defined.--In this section,
the term `major acquisition program' means an acquisition
program of the Department that is estimated by the Secretary
to require an eventual total expenditure of at least
$100,000,000 (based on fiscal year 2023 constant dollars)
over its life-cycle cost.
``(b) Planning Documentation.--For each border security
technology acquisition program of the Department that is
determined to be a major acquisition program, the Secretary
shall--
``(1) ensure that each such program has a written
acquisition program baseline approved by the relevant
acquisition decision authority;
``(2) document that each such program is satisfying cost,
schedule, and performance thresholds as specified in such
baseline, in compliance with relevant departmental
acquisition policies and the Federal Acquisition Regulation;
and
``(3) have a plan for satisfying program implementation
objectives by managing contractor performance.
``(c) Adherence to Standards.--The Secretary, acting
through the Under Secretary for Management and the
Commissioner of U.S. Customs and Border Protection, shall
ensure border security technology acquisition program
managers who are responsible for carrying out this section
adhere to relevant internal control standards identified by
the Comptroller General of the United States. The
Commissioner shall provide information, as needed, to assist
the Under Secretary in monitoring management of border
security technology acquisition programs under this section.
``(d) Plan.--The Secretary, acting through the Under
Secretary for Management, in coordination with the Under
Secretary for Science and Technology and the Commissioner of
U.S. Customs and Border Protection, shall submit to the
Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a plan for testing,
evaluating, and using independent verification and validation
of resources relating to the proposed acquisition of border
security technology. Under such plan, the proposed
acquisition of new border security technologies shall be
evaluated through a series of assessments, processes, and
audits to ensure--
``(1) compliance with relevant departmental acquisition
policies and the Federal Acquisition Regulation; and
``(2) the effective use of taxpayer dollars.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 436 the
following new item:
``Sec. 437. Border security technology program management.''.
(c) Prohibition on Additional Authorization of
Appropriations.--No additional funds are authorized to be
appropriated to carry out section 437 of the Homeland
Security Act of 2002, as added by subsection (a).
[[Page H4875]]
SEC. 106. U.S. CUSTOMS AND BORDER PROTECTION TECHNOLOGY
UPGRADES.
(a) Secure Communications.--The Commissioner shall ensure
that each CBP officer or agent, as appropriate, is equipped
with a secure radio or other two-way communication device
that allows each such officer or agent to communicate--
(1) between ports of entry and inspection stations; and
(2) with other Federal, State, Tribal, and local law
enforcement entities.
(b) Border Security Deployment Program.--
(1) Expansion.--Not later than September 30, 2025, the
Commissioner shall--
(A) fully implement the Border Security Deployment Program
of CBP; and
(B) expand the integrated surveillance and intrusion
detection system at land ports of entry along the northern
and southern borders of the United States.
(2) Authorization of appropriations.--In addition to
amounts otherwise authorized to be appropriated for such
purpose, there is authorized to be appropriated $33,000,000
for fiscal years 2024 and 2025 to carry out paragraph (1).
(c) Upgrade of License Plate Readers at Ports of Entry.--
(1) Upgrade.--Not later than two years after the date of
the enactment of this Act, the Commissioner shall upgrade all
existing license plate readers in need of upgrade, as
determined by the Commissioner, on the northern and southern
borders of the United States.
(2) Authorization of appropriations.--In addition to
amounts otherwise authorized to be appropriated for such
purpose, there is authorized to be appropriated $125,000,000
for fiscal years 2023 and 2024 to carry out paragraph (1).
SEC. 107. U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL.
(a) Retention Bonus.--To carry out this section, there is
authorized to be appropriated up to $100,000,000 to the
Commissioner to provide a retention bonus to any front-line
U.S. Border Patrol law enforcement agent--
(1) whose position is equal to or below level GS-12 of the
General Schedule;
(2) who has five years or more of service with the U.S.
Border Patrol; and
(3) who commits to two years of additional service with the
U.S. Border Patrol upon acceptance of such bonus.
(b) Border Patrol Agents.--Not later than September 30,
2025, the Commissioner shall hire, train, and assign a
sufficient number of Border Patrol agents to maintain an
active duty presence of not fewer than 22,000 full-time
equivalent Border Patrol agents, who may not perform the
duties of processing coordinators.
(c) Prohibition Against Alien Travel.--No personnel or
equipment of Air and Marine Operations may be used for the
transportation of non-detained aliens, or detained aliens
expected to be administratively released upon arrival, from
the southwest border to destinations within the United
States.
(d) GAO Report.--If the staffing level required under this
section is not achieved by the date associated with such
level, the Comptroller General of the United States shall--
(1) conduct a review of the reasons why such level was not
so achieved; and
(2) not later than September 30, 2027, publish on a
publicly available website of the Government Accountability
Office a report relating thereto.
SEC. 108. ANTI-BORDER CORRUPTION ACT REAUTHORIZATION.
(a) Hiring Flexibility.--Section 3 of the Anti-Border
Corruption Act of 2010 (6 U.S.C. 221; Public Law 111-376) is
amended by striking subsection (b) and inserting the
following new subsections:
``(b) Waiver Requirement.--Subject to subsection (c), the
Commissioner of U.S. Customs and Border Protection shall
waive the application of subsection (a)(1)--
``(1) to a current, full-time law enforcement officer
employed by a State or local law enforcement agency who--
``(A) has continuously served as a law enforcement officer
for not fewer than three years;
``(B) is authorized by law to engage in or supervise the
prevention, detection, investigation, or prosecution of, or
the incarceration of any person for, any violation of law,
and has statutory powers for arrest or apprehension; and
``(C) is not currently under investigation, has not been
found to have engaged in criminal activity or serious
misconduct, has not resigned from a law enforcement officer
position under investigation or in lieu of termination, and
has not been dismissed from a law enforcement officer
position;
``(2) to a current, full-time Federal law enforcement
officer who--
``(A) has continuously served as a law enforcement officer
for not fewer than three years;
``(B) is authorized to make arrests, conduct
investigations, conduct searches, make seizures, carry
firearms, and serve orders, warrants, and other processes;
``(C) is not currently under investigation, has not been
found to have engaged in criminal activity or serious
misconduct, has not resigned from a law enforcement officer
position under investigation or in lieu of termination, and
has not been dismissed from a law enforcement officer
position; and
``(D) holds a current Tier 4 background investigation or
current Tier 5 background investigation; or
``(3) to a member of the Armed Forces (or a reserve
component thereof) or a veteran, if such individual--
``(A) has served in the Armed Forces for not fewer than
three years;
``(B) holds, or has held within the past five years, a
Secret, Top Secret, or Top Secret/Sensitive Compartmented
Information clearance;
``(C) holds, or has undergone within the past five years, a
current Tier 4 background investigation or current Tier 5
background investigation;
``(D) received, or is eligible to receive, an honorable
discharge from service in the Armed Forces and has not
engaged in criminal activity or committed a serious military
or civil offense under the Uniform Code of Military Justice;
and
``(E) was not granted any waivers to obtain the clearance
referred to in subparagraph (B).
``(c) Termination of Waiver Requirement; Snap-Back.--The
requirement to issue a waiver under subsection (b) shall
terminate if the Commissioner of U.S. Customs and Border
Protection (CBP) certifies to the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate that
CBP has met all requirements pursuant to section 107 of the
Secure the Border Act of 2023 relating to personnel levels.
If at any time after such certification personnel levels fall
below such requirements, the Commissioner shall waive the
application of subsection (a)(1) until such time as the
Commissioner re-certifies to such Committees that CBP has so
met all such requirements.''.
(b) Supplemental Commissioner Authority; Reporting;
Definitions.--The Anti-Border Corruption Act of 2010 is
amended by adding at the end the following new sections:
``SEC. 5. SUPPLEMENTAL COMMISSIONER AUTHORITY.
``(a) Nonexemption.--An individual who receives a waiver
under section 3(b) is not exempt from any other hiring
requirements relating to suitability for employment and
eligibility to hold a national security designated position,
as determined by the Commissioner of U.S. Customs and Border
Protection.
``(b) Background Investigations.--An individual who
receives a waiver under section 3(b) who holds a current Tier
4 background investigation shall be subject to a Tier 5
background investigation.
``(c) Administration of Polygraph Examination.--The
Commissioner of U.S. Customs and Border Protection is
authorized to administer a polygraph examination to an
applicant or employee who is eligible for or receives a
waiver under section 3(b) if information is discovered before
the completion of a background investigation that results in
a determination that a polygraph examination is necessary to
make a final determination regarding suitability for
employment or continued employment, as the case may be.
``SEC. 6. REPORTING.
``(a) Annual Report.--Not later than one year after the
date of the enactment of this section and annually thereafter
while the waiver authority under section 3(b) is in effect,
the Commissioner of U.S. Customs and Border Protection shall
submit to Congress a report that includes, with respect to
each such reporting period, the following:
``(1) Information relating to the number of waivers granted
under such section 3(b).
``(2) Information relating to the percentage of applicants
who were hired after receiving such a waiver.
``(3) Information relating to the number of instances that
a polygraph was administered to an applicant who initially
received such a waiver and the results of such polygraph.
``(4) An assessment of the current impact of such waiver
authority on filling law enforcement positions at U.S.
Customs and Border Protection.
``(5) An identification of additional authorities needed by
U.S. Customs and Border Protection to better utilize such
waiver authority for its intended goals.
``(b) Additional Information.--The first report submitted
under subsection (a) shall include the following:
``(1) An analysis of other methods of employment
suitability tests that detect deception and could be used in
conjunction with traditional background investigations to
evaluate potential applicants or employees for suitability
for employment or continued employment, as the case may be.
``(2) A recommendation regarding whether a test referred to
in paragraph (1) should be adopted by U.S. Customs and Border
Protection when the polygraph examination requirement is
waived pursuant to section 3(b).
``SEC. 7. DEFINITIONS.
``In this Act:
``(1) Federal law enforcement officer.--The term `Federal
law enforcement officer' means a `law enforcement officer',
as such term is defined in section 8331(20) or 8401(17) of
title 5, United States Code.
``(2) Serious military or civil offense.--The term `serious
military or civil offense' means an offense for which--
``(A) a member of the Armed Forces may be discharged or
separated from service in the Armed Forces; and
``(B) a punitive discharge is, or would be, authorized for
the same or a closely related offense under the Manual for
Court-Martial, as pursuant to Army Regulation 635-200,
chapter 14-12.
[[Page H4876]]
``(3) Tier 4; tier 5.--The terms `Tier 4' and `Tier 5',
with respect to background investigations, have the meaning
given such terms under the 2012 Federal Investigative
Standards.
``(4) Veteran.--The term `veteran' has the meaning given
such term in section 101(2) of title 38, United States
Code.''.
(c) Polygraph Examiners.--Not later than September 30,
2025, the Secretary shall increase to not fewer than 150 the
number of trained full-time equivalent polygraph examiners
for administering polygraphs under the Anti-Border Corruption
Act of 2010, as amended by this section.
SEC. 109. ESTABLISHMENT OF WORKLOAD STAFFING MODELS FOR U.S.
BORDER PATROL AND AIR AND MARINE OPERATIONS OF
CBP.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Commissioner, in coordination
with the Under Secretary for Management, the Chief Human
Capital Officer, and the Chief Financial Officer of the
Department, shall implement a workload staffing model for
each of the following:
(1) The U.S. Border Patrol.
(2) Air and Marine Operations of CBP.
(b) Responsibilities of the Commissioner.--Subsection (c)
of section 411 of the Homeland Security Act of 2002 (6 U.S.C.
211), is amended--
(1) by redesignating paragraphs (18) and (19) as paragraphs
(20) and (21), respectively; and
(2) by inserting after paragraph (17) the following new
paragraphs:
``(18) implement a staffing model for the U.S. Border
Patrol, Air and Marine Operations, and the Office of Field
Operations that includes consideration for essential
frontline operator activities and functions, variations in
operating environments, present and planned infrastructure,
present and planned technology, and required operations
support levels to enable such entities to manage and assign
personnel of such entities to ensure field and support posts
possess adequate resources to carry out duties specified in
this section;
``(19) develop standard operating procedures for a
workforce tracking system within the U.S. Border Patrol, Air
and Marine Operations, and the Office of Field Operations,
train the workforce of each of such entities on the use,
capabilities, and purpose of such system, and implement
internal controls to ensure timely and accurate scheduling
and reporting of actual completed work hours and
activities;''.
(c) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act with respect to subsection (a) and
paragraphs (18) and (19) of section 411(c) of the Homeland
Security Act of 2002 (as amended by subsection (b)), and
annually thereafter with respect to such paragraphs (18) and
(19), the Secretary shall submit to the appropriate
congressional committees a report that includes a status
update on the following:
(A) The implementation of such subsection (a) and such
paragraphs (18) and (19).
(B) Each relevant workload staffing model.
(2) Data sources and methodology required.--Each report
required under paragraph (1) shall include information
relating to the data sources and methodology used to generate
each relevant staffing model.
(d) Inspector General Review.--Not later than 90 days after
the Commissioner develops the workload staffing models
pursuant to subsection (a), the Inspector General of the
Department shall review such models and provide feedback to
the Secretary and the appropriate congressional committees
with respect to the degree to which such models are
responsive to the recommendations of the Inspector General,
including the following:
(1) Recommendations from the Inspector General's February
2019 audit.
(2) Any further recommendations to improve such models.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Homeland Security of the House of
Representatives; and
(2) the Committee on Homeland Security and Governmental
Affairs of the Senate.
SEC. 110. OPERATION STONEGARDEN.
(a) In General.--Subtitle A of title XX of the Homeland
Security Act of 2002 (6 U.S.C. 601 et seq.) is amended by
adding at the end the following new section:
``SEC. 2010. OPERATION STONEGARDEN.
``(a) Establishment.--There is established in the
Department a program to be known as `Operation Stonegarden',
under which the Secretary, acting through the Administrator,
shall make grants to eligible law enforcement agencies,
through State administrative agencies, to enhance border
security in accordance with this section.
``(b) Eligible Recipients.--To be eligible to receive a
grant under this section, a law enforcement agency shall--
``(1) be located in--
``(A) a State bordering Canada or Mexico; or
``(B) a State or territory with a maritime border;
``(2) be involved in an active, ongoing, U.S. Customs and
Border Protection operation coordinated through a U.S. Border
Patrol sector office; and
``(3) have an agreement in place with U.S. Immigration and
Customs Enforcement to support enforcement operations.
``(c) Permitted Uses.--A recipient of a grant under this
section may use such grant for costs associated with the
following:
``(1) Equipment, including maintenance and sustainment.
``(2) Personnel, including overtime and backfill, in
support of enhanced border law enforcement activities.
``(3) Any activity permitted for Operation Stonegarden
under the most recent fiscal year Department of Homeland
Security's Homeland Security Grant Program Notice of Funding
Opportunity.
``(d) Period of Performance.--The Secretary shall award
grants under this section to grant recipients for a period of
not fewer than 36 months.
``(e) Notification.--Upon denial of a grant to a law
enforcement agency, the Administrator shall provide written
notice to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate, including the reasoning
for such denial.
``(f) Report.--For each of fiscal years 2024 through 2028
the Administrator shall submit to the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a
report that contains--
``(1) information on the expenditure of grants made under
this section by each grant recipient; and
``(2) recommendations for other uses of such grants to
further support eligible law enforcement agencies.
``(g) Authorization of Appropriations.--There is authorized
to be appropriated $110,000,000 for each of fiscal years 2024
through 2028 for grants under this section.''.
(b) Conforming Amendment.--Subsection (a) of section 2002
of the Homeland Security Act of 2002 (6 U.S.C. 603) is
amended to read as follows:
``(a) Grants Authorized.--The Secretary, through the
Administrator, may award grants under sections 2003, 2004,
2009, and 2010 to State, local, and Tribal governments, as
appropriate.''.
(c) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 2009 the
following new item:
``Sec. 2010. Operation Stonegarden.''.
SEC. 111. AIR AND MARINE OPERATIONS FLIGHT HOURS.
(a) Air and Marine Operations Flight Hours.--Not later than
120 days after the date of the enactment of this Act, the
Secretary shall ensure that not fewer than 110,000 annual
flight hours are carried out by Air and Marine Operations of
CBP.
(b) Unmanned Aircraft Systems.--The Secretary, after
coordination with the Administrator of the Federal Aviation
Administration, shall ensure that Air and Marine Operations
operate unmanned aircraft systems on the southern border of
the United States for not less than 24 hours per day.
(c) Primary Missions.--The Commissioner shall ensure the
following:
(1) The primary missions for Air and Marine Operations are
to directly support the following:
(A) U.S. Border Patrol activities along the borders of the
United States.
(B) Joint Interagency Task Force South and Joint Task Force
East operations in the transit zone.
(2) The Executive Assistant Commissioner of Air and Marine
Operations assigns the greatest priority to support missions
specified in paragraph (1).
(d) High Demand Flight Hour Requirements.--The Commissioner
shall--
(1) ensure that U.S. Border Patrol Sector Chiefs identify
air support mission-critical hours; and
(2) direct Air and Marine Operations to support requests
from such Sector Chiefs as a component of the primary mission
of Air and Marine Operations in accordance with subsection
(c)(1)(A).
(e) Contract Air Support Authorizations.--The Commissioner
shall contract for air support mission-critical hours to meet
the requests for such hours, as identified pursuant to
subsection (d).
(f) Small Unmanned Aircraft Systems.--
(1) In general.--The Chief of the U.S. Border Patrol shall
be the executive agent with respect to the use of small
unmanned aircraft by CBP for the purposes of the following:
(A) Meeting the unmet flight hour operational requirements
of the U.S. Border Patrol.
(B) Achieving situational awareness and operational control
of the borders of the United States.
(2) Coordination.--In carrying out paragraph (1), the Chief
of the U.S. Border Patrol shall coordinate--
(A) flight operations with the Administrator of the Federal
Aviation Administration to ensure the safe and efficient
operation of the national airspace system; and
(B) with the Executive Assistant Commissioner for Air and
Marine Operations of CBP to--
(i) ensure the safety of other CBP aircraft flying in the
vicinity of small unmanned aircraft operated by the U.S.
Border Patrol; and
(ii) establish a process to include data from flight hours
in the calculation of got away statistics.
[[Page H4877]]
(3) Conforming amendment.--Paragraph (3) of section 411(e)
of the Homeland Security Act of 2002 (6 U.S.C. 211(e)) is
amended--
(A) in subparagraph (B), by striking ``and'' after the
semicolon at the end;
(B) by redesignating subparagraph (C) as subparagraph (D);
and
(C) by inserting after subparagraph (B) the following new
subparagraph:
``(C) carry out the small unmanned 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) Savings Clause.--Nothing in this section may be
construed as conferring, transferring, or delegating to the
Secretary, the Commissioner, the Executive Assistant
Commissioner for Air and Marine Operations of CBP, or the
Chief of the U.S. Border Patrol any authority of the
Secretary of Transportation or the Administrator of the
Federal Aviation Administration relating to the use of
airspace or aviation safety.
(h) Definitions.--In this section:
(1) Got away.--The term ``got away'' has the meaning given
such term in section 1092(a)(3) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 6
U.S.C. 223(a)(3)).
(2) Transit zone.--The term ``transit zone'' has the
meaning given such term in section 1092(a)(8) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 6 U.S.C. 223(a)(8)).
SEC. 112. ERADICATION OF CARRIZO CANE AND SALT CEDAR.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the Secretary, in coordination
with the heads of relevant Federal, State, and local
agencies, shall hire contractors to begin eradicating the
carrizo cane plant and any salt cedar along the Rio Grande
River that impedes border security operations. Such
eradication shall be completed--
(1) by not later than September 30, 2027, except for
required maintenance; and
(2) in the most expeditious and cost-effective manner
possible to maintain clear fields of view.
(b) Application.--The waiver authority under subsection (c)
of section 102 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note), as
amended by section 103 of this division, shall apply to
activities carried out pursuant to subsection (a).
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a strategic plan to
eradicate all carrizo cane plant and salt cedar along the Rio
Grande River that impedes border security operations by not
later than September 30, 2027.
(d) Authorization of Appropriations.--There is authorized
to be appropriated $7,000,000 for each of fiscal years 2024
through 2028 to the Secretary to carry out this subsection.
SEC. 113. BORDER PATROL STRATEGIC PLAN.
(a) In General.--Not later than one year after the date of
the enactment of this Act and biennially thereafter, the
Commissioner, acting through the Chief of the U.S. Border
Patrol, shall issue a Border Patrol Strategic Plan (referred
to in this section as the ``plan'') to enhance the security
of the borders of the United States.
(b) Elements.--The plan shall include the following:
(1) A consideration of Border Patrol Capability Gap
Analysis reporting, Border Security Improvement Plans, and
any other strategic document authored by the U.S. Border
Patrol to address security gaps between ports of entry,
including efforts to mitigate threats identified in such
analyses, plans, and documents.
(2) Information relating to the dissemination of
information relating to border security or border threats
with respect to the efforts of the Department and other
appropriate Federal agencies.
(3) Information relating to efforts by U.S. Border Patrol
to--
(A) increase situational awareness, including--
(i) surveillance capabilities, such as capabilities
developed or utilized by the Department of Defense, and any
appropriate technology determined to be excess by the
Department of Defense; and
(ii) the use of manned aircraft and unmanned aircraft;
(B) detect and prevent terrorists and instruments of
terrorism from entering the United States;
(C) detect, interdict, and disrupt between ports of entry
aliens unlawfully present in the United States;
(D) detect, interdict, and disrupt human smuggling, human
trafficking, drug trafficking, and other illicit cross-border
activity;
(E) focus intelligence collection to disrupt transnational
criminal organizations outside of the international and
maritime borders of the United States; and
(F) ensure that any new border security technology can be
operationally integrated with existing technologies in use by
the Department.
(4) Information relating to initiatives of the Department
with respect to operational coordination, including any
relevant task forces of the Department.
(5) Information gathered from the lessons learned by the
deployments of the National Guard to the southern border of
the United States.
(6) A description of cooperative agreements relating to
information sharing with State, local, Tribal, territorial,
and other Federal law enforcement agencies that have
jurisdiction on the borders of the United States.
(7) Information relating to border security information
received from the following:
(A) State, local, Tribal, territorial, and other Federal
law enforcement agencies that have jurisdiction on the
borders of the United States or in the maritime environment.
(B) Border community stakeholders, including
representatives from the following:
(i) Border agricultural and ranching organizations.
(ii) Business and civic organizations.
(iii) Hospitals and rural clinics within 150 miles of the
borders of the United States.
(iv) Victims of crime committed by aliens unlawfully
present in the United States.
(v) Victims impacted by drugs, transnational criminal
organizations, cartels, gangs, or other criminal activity.
(vi) Farmers, ranchers, and property owners along the
border.
(vii) Other individuals negatively impacted by illegal
immigration.
(8) Information relating to the staffing requirements with
respect to border security for the Department.
(9) A prioritized list of Department research and
development objectives to enhance the security of the borders
of the United States.
(10) An assessment of training programs, including such
programs relating to the following:
(A) Identifying and detecting fraudulent documents.
(B) Understanding the scope of CBP enforcement authorities
and appropriate use of force policies.
(C) Screening, identifying, and addressing vulnerable
populations, such as children and victims of human
trafficking.
SEC. 114. U.S. CUSTOMS AND BORDER PROTECTION SPIRITUAL
READINESS.
Not later than one year after the enactment of this Act and
annually thereafter for five years, the Commissioner shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on the
availability and usage of the assistance of chaplains, prayer
groups, houses of worship, and other spiritual resources for
members of CBP who identify as religiously affiliated and
have attempted suicide, have suicidal ideation, or are at
risk of suicide, and metrics on the impact such resources
have in assisting religiously affiliated members who have
access to and utilize such resources compared to religiously
affiliated members who do not.
SEC. 115. RESTRICTIONS ON FUNDING.
(a) Arriving Aliens.--No funds are authorized to be
appropriated to the Department to process the entry into the
United States of aliens arriving in between ports of entry.
(b) Restriction on Nongovernmental Organization Support for
Unlawful Activity.--No funds are authorized to be
appropriated to the Department for disbursement to any
nongovernmental organization that facilitates or encourages
unlawful activity, including unlawful entry, human
trafficking, human smuggling, drug trafficking, and drug
smuggling.
(c) Restriction on Nongovernmental Organization
Facilitation of Illegal Immigration.--No funds are authorized
to be appropriated to the Department for disbursement to any
nongovernmental organization to provide, or facilitate the
provision of, transportation, lodging, or immigration legal
services to inadmissible aliens who enter the United States
after the date of the enactment of this Act.
SEC. 116. COLLECTION OF DNA AND BIOMETRIC INFORMATION AT THE
BORDER.
Not later than 14 days after the date of the enactment of
this Act, the Secretary shall ensure and certify to the
Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate that CBP is fully
compliant with Federal DNA and biometric collection
requirements at United States land borders.
SEC. 117. ERADICATION OF NARCOTIC DRUGS AND FORMULATING
EFFECTIVE NEW TOOLS TO ADDRESS YEARLY LOSSES OF
LIFE; ENSURING TIMELY UPDATES TO U.S. CUSTOMS
AND BORDER PROTECTION FIELD MANUALS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, and not less frequently than
triennially thereafter, the Commissioner of U.S. Customs and
Border Protection shall review and update, as necessary, the
current policies and manuals of the Office of Field
Operations related to inspections at ports of entry, and the
U.S. Border Patrol related to inspections between ports of
entry, to ensure the uniform implementation of inspection
practices that will effectively respond to technological and
methodological changes designed to disguise unlawful
activity, such as the smuggling of drugs and humans, along
the border.
(b) Reporting Requirement.--Not later than 90 days after
each update required under subsection (a), the Commissioner
of U.S. Customs and Border Protection shall submit to the
Committee on Homeland Security and the Committee on the
Judiciary of
[[Page H4878]]
the House of Representatives and the Committee on Homeland
Security and Governmental Affairs and the Committee on the
Judiciary of the Senate a report that summarizes any policy
and manual changes pursuant to subsection (a).
SEC. 118. PUBLICATION BY U.S. CUSTOMS AND BORDER PROTECTION
OF OPERATIONAL STATISTICS.
(a) In General.--Not later than the seventh day of each
month beginning with the second full month after the date of
the enactment of this Act, the Commissioner of U.S. Customs
and Border Protection shall publish on a publicly available
website of the Department of Homeland Security information
relating to the total number of alien encounters and
nationalities, unique alien encounters and nationalities,
gang affiliated apprehensions and nationalities, drug
seizures, alien encounters included in the terrorist
screening database and nationalities, arrests of criminal
aliens or individuals wanted by law enforcement and
nationalities, known got aways, encounters with deceased
aliens, and all other related or associated statistics
recorded by U.S. Customs and Border Protection during the
immediately preceding month. Each such publication shall
include the following:
(1) The aggregate such number, and such number
disaggregated by geographic regions, of such recordings and
encounters, including specifications relating to whether such
recordings and encounters were at the southwest, northern, or
maritime border.
(2) An identification of the Office of Field Operations
field office, U.S. Border Patrol sector, or Air and Marine
Operations branch making each recording or encounter.
(3) Information relating to whether each recording or
encounter of an alien was of a single adult, an unaccompanied
alien child, or an individual in a family unit.
(4) Information relating to the processing disposition of
each alien recording or encounter.
(5) Information relating to the nationality of each alien
who is the subject of each recording or encounter.
(6) The total number of individuals included in the
terrorist screening database (as such term is defined in
section 2101 of the Homeland Security Act of 2002 (6 U.S.C.
621)) who have repeatedly attempted to cross unlawfully into
the United States.
(7) The total number of individuals included in the
terrorist screening database who have been apprehended,
including information relating to whether such individuals
were released into the United States or removed.
(b) Exceptions.--If the Commissioner of U.S. Customs and
Border Protection in any month does not publish the
information required under subsection (a), or does not
publish such information by the date specified in such
subsection, the Commissioner shall brief the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of
the Senate regarding the reason relating thereto, as the case
may be, by not later than the date that is two business days
after the tenth day of such month.
(c) Definitions.--In this section:
(1) Alien encounters.--The term ``alien encounters'' means
aliens apprehended, determined inadmissible, or processed for
removal by U.S. Customs and Border Protection.
(2) Got away.--The term ``got away'' has the meaning given
such term in section 1092(a) of the National Defense
Authorization Act for Fiscal Year 2017 (6 U.S.C. 223(a)).
(3) Terrorist screening database.--The term ``terrorist
screening database'' has the meaning given such term in
section 2101 of the Homeland Security Act of 2002 (6 U.S.C.
621).
(4) Unaccompanied alien child.--The term ``unaccompanied
alien child'' has the meaning given such term in section
462(g) of the Homeland Security Act of 2002 (6 U.S.C.
279(g)).
SEC. 119. ALIEN CRIMINAL BACKGROUND CHECKS.
(a) In General.--Not later than seven days after the date
of the enactment of this Act, the Commissioner shall certify
to the Committee on Homeland Security and the Committee on
the Judiciary of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs and
the Committee on the Judiciary of the Senate that CBP has
real-time access to the criminal history databases of all
countries of origin and transit for aliens encountered by CBP
to perform criminal history background checks for such
aliens.
(b) Standards.--The certification required under subsection
(a) shall also include a determination whether the criminal
history databases of a country are accurate, up to date,
digitized, searchable, and otherwise meet the standards of
the Federal Bureau of Investigation for criminal history
databases maintained by State and local governments.
(c) Certification.--The Secretary shall annually submit to
the Committee on Homeland Security and the Committee on the
Judiciary of the House of Representatives and the Committee
on Homeland Security and Governmental Affairs and the
Committee on the Judiciary of the Senate a certification that
each database referred to in subsection (b) which the
Secretary accessed or sought to access pursuant to this
section met the standards described in subsection (b).
SEC. 120. PROHIBITED IDENTIFICATION DOCUMENTS AT AIRPORT
SECURITY CHECKPOINTS; NOTIFICATION TO
IMMIGRATION AGENCIES.
(a) In General.--The Administrator may not accept as valid
proof of identification a prohibited identification document
at an airport security checkpoint.
(b) Notification to Immigration Agencies.--If an individual
presents a prohibited identification document to an officer
of the Transportation Security Administration at an airport
security checkpoint, the Administrator shall promptly notify
the Director of U.S. Immigration and Customs Enforcement, the
Director of U.S. Customs and Border Protection, and the head
of the appropriate local law enforcement agency to determine
whether the individual is in violation of any term of release
from the custody of any such agency.
(c) Entry Into Sterile Areas.--
(1) In general.--Except as provided in paragraph (2), if an
individual is found to be in violation of any term of release
under subsection (b), the Administrator may not permit such
individual to enter a sterile area.
(2) Exception.--An individual presenting a prohibited
identification document under this section may enter a
sterile area if the individual--
(A) is leaving the United States for the purposes of
removal or deportation; or
(B) presents a covered identification document.
(d) Collection of Biometric Information From Certain
Individuals Seeking Entry Into the Sterile Area of an
Airport.--Beginning not later than 120 days after the date of
the enactment of this Act, the Administrator shall collect
biometric information from an individual described in
subsection (e) prior to authorizing such individual to enter
into a sterile area.
(e) Individual Described.--An individual described in this
subsection is an individual who--
(1) is seeking entry into the sterile area of an airport;
(2) does not present a covered identification document; and
(3) the Administrator cannot verify is a national of the
United States.
(f) Participation in IDENT.--Beginning not later than 120
days after the date of the enactment of this Act, the
Administrator, in coordination with the Secretary, shall
submit biometric data collected under this section to the
Automated Biometric Identification System (IDENT).
(g) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Transportation Security Administration.
(2) Biometric information.--The term ``biometric
information'' means any of the following:
(A) A fingerprint.
(B) A palm print.
(C) A photograph, including--
(i) a photograph of an individual's face for use with
facial recognition technology; and
(ii) a photograph of any physical or anatomical feature,
such as a scar, skin mark, or tattoo.
(D) A signature.
(E) A voice print.
(F) An iris image.
(3) Covered identification document.--The term ``covered
identification document'' means any of the following, if the
document is valid and unexpired:
(A) A United States passport or passport card.
(B) A biometrically secure card issued by a trusted
traveler program of the Department of Homeland Security,
including--
(i) Global Entry;
(ii) Nexus;
(iii) Secure Electronic Network for Travelers Rapid
Inspection (SENTRI); and
(iv) Free and Secure Trade (FAST).
(C) An identification card issued by the Department of
Defense, including such a card issued to a dependent.
(D) Any document required for admission to the United
States under section 211(a) of the Immigration and
Nationality Act (8 U.S.C. 1181(a)).
(E) An enhanced driver's license issued by a State.
(F) A photo identification card issued by a federally
recognized Indian Tribe.
(G) A personal identity verification credential issued in
accordance with Homeland Security Presidential Directive 12.
(H) A driver's license issued by a province of Canada.
(I) A Secure Certificate of Indian Status issued by the
Government of Canada.
(J) A Transportation Worker Identification Credential.
(K) A Merchant Mariner Credential issued by the Coast
Guard.
(L) A Veteran Health Identification Card issued by the
Department of Veterans Affairs.
(M) Any other document the Administrator determines,
pursuant to a rule making in accordance with section 553 of
title 5, United States Code, will satisfy the identity
verification procedures of the Transportation Security
Administration.
(4) Immigration laws.--The term ``immigration laws'' has
the meaning given that term in section 101 of the Immigration
and Nationality Act (8 U.S.C. 1101).
(5) Prohibited identification document.--The term
``prohibited identification document'' means any of the
following (or any applicable successor form):
(A) U.S. Immigration and Customs Enforcement Form I-200,
Warrant for Arrest of Alien.
[[Page H4879]]
(B) U.S. Immigration and Customs Enforcement Form I-205,
Warrant of Removal/Deportation.
(C) U.S. Immigration and Customs Enforcement Form I-220A,
Order of Release on Recognizance.
(D) U.S. Immigration and Customs Enforcement Form I-220B,
Order of Supervision.
(E) Department of Homeland Security Form I-862, Notice to
Appear.
(F) U.S. Customs and Border Protection Form I-94, Arrival/
Departure Record (including a print-out of an electronic
record).
(G) Department of Homeland Security Form I-385, Notice to
Report.
(H) Any document that directs an individual to report to
the Department of Homeland Security.
(I) Any Department of Homeland Security work authorization
or employment verification document.
(6) Sterile area.--The term ``sterile area'' has the
meaning given that term in section 1540.5 of title 49, Code
of Federal Regulations, or any successor regulation.
SEC. 121. PROHIBITION AGAINST ANY COVID-19 VACCINE MANDATE OR
ADVERSE ACTION AGAINST DHS EMPLOYEES.
(a) Limitation on Imposition of New Mandate.--The Secretary
may not issue any COVID-19 vaccine mandate unless Congress
expressly authorizes such a mandate.
(b) Prohibition on Adverse Action.--The Secretary may not
take any adverse action against a Department employee based
solely on the refusal of such employee to receive a vaccine
for COVID-19.
(c) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall report to the
Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate on the following:
(1) The number of Department employees who were terminated
or resigned due to the COVID-19 vaccine mandate.
(2) An estimate of the cost to reinstate such employees.
(3) How the Department would effectuate reinstatement of
such employees.
(d) Retention and Development of Unvaccinated Employees.--
The Secretary shall make every effort to retain Department
employees who are not vaccinated against COVID-19 and provide
such employees with professional development, promotion and
leadership opportunities, and consideration equal to that of
their peers.
SEC. 122. CBP ONE APP LIMITATION.
(a) Limitation.--The Department may use the CBP One Mobile
Application or any other similar program, application,
internet-based portal, website, device, or initiative only
for inspection of perishable cargo.
(b) Report.--Not later than 60 days after the date of the
enactment of this Act, the Commissioner shall report to the
Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate the date on which CBP
began using CBP One to allow aliens to schedule interviews at
land ports of entry, how many aliens have scheduled
interviews at land ports of entry using CBP One, the
nationalities of such aliens, and the stated final
destinations of such aliens within the United States, if any.
SEC. 123. REPORT ON MEXICAN DRUG CARTELS.
Not later than 60 days after the date of the enactment of
this Act, Congress shall commission a report that contains
the following:
(1) A national strategy to address Mexican drug cartels,
and a determination regarding whether there should be a
designation established to address such cartels.
(2) Information relating to actions by such cartels that
causes harm to the United States.
SEC. 124. GAO STUDY ON COSTS INCURRED BY STATES TO SECURE THE
SOUTHWEST BORDER.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall conduct a study to examine the costs
incurred by individual States as a result of actions taken by
such States in support of the Federal mission to secure the
southwest border, and the feasibility of a program to
reimburse such States for such costs.
(b) Contents.--The study required under subsection (a)
shall include consideration of the following:
(1) Actions taken by the Department of Homeland Security
that have contributed to costs described in such subsection
incurred by States to secure the border in the absence of
Federal action, including the termination of the Migrant
Protection Protocols and cancellation of border wall
construction.
(2) Actions taken by individual States along the southwest
border to secure their borders, and the costs associated with
such actions.
(3) The feasibility of a program within the Department of
Homeland Security to reimburse States for the costs incurred
in support of the Federal mission to secure the southwest
border.
SEC. 125. REPORT BY INSPECTOR GENERAL OF THE DEPARTMENT OF
HOMELAND SECURITY.
(a) Report.--Not later than one year after the date of the
enactment of this Act and annually thereafter for five years,
the Inspector General of the Department of Homeland Security
shall submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report
examining the economic and security impact of mass migration
to municipalities and States along the southwest border. Such
report shall include information regarding costs incurred by
the following:
(1) State and local law enforcement to secure the southwest
border.
(2) Public school districts to educate students who are
aliens unlawfully present in the United States.
(3) Healthcare providers to provide care to aliens
unlawfully present in the United States who have not paid for
such care.
(4) Farmers and ranchers due to migration impacts to their
properties.
(b) Consultation.--To produce the report required under
subsection (a), the Inspector General of the Department of
Homeland Security shall consult with the individuals and
representatives of the entities described in paragraphs (1)
through (4) of such subsection.
SEC. 126. OFFSETTING AUTHORIZATIONS OF APPROPRIATIONS.
(a) Office of the Secretary and Emergency Management.--No
funds are authorized to be appropriated for the Alternatives
to Detention Case Management Pilot Program or the Office of
the Immigration Detention Ombudsman for the Office of the
Secretary and Emergency Management of the Department of
Homeland Security.
(b) Management Directorate.--No funds are authorized to be
appropriated for electric vehicles or St. Elizabeths campus
construction for the Management Directorate of the Department
of Homeland Security.
(c) Intelligence, Analysis, and Situational Awareness.--
There is authorized to be appropriated $216,000,000 for
Intelligence, Analysis, and Situational Awareness of the
Department of Homeland Security.
(d) U.S. Customs and Border Protection.--No funds are
authorized to be appropriated for the Shelter Services
Program for U.S. Customs and Border Protection.
SEC. 127. REPORT TO CONGRESS ON FOREIGN TERRORIST
ORGANIZATIONS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act and annually thereafter for five
years, the Secretary of Homeland Security shall submit to the
Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate an assessment of foreign
terrorist organizations attempting to move their members or
affiliates into the United States through the southern,
northern, or maritime border.
(b) Definition.--In this section, the term ``foreign
terrorist organization'' means an organization described in
section 219 of the Immigration and Nationality Act (8 U.S.C.
1189).
SEC. 128. ASSESSMENT BY INSPECTOR GENERAL OF THE DEPARTMENT
OF HOMELAND SECURITY ON THE MITIGATION OF
UNMANNED AIRCRAFT SYSTEMS AT THE SOUTHWEST
BORDER.
Not later than 90 days after the date of the enactment of
this Act, the Inspector General of the Department of Homeland
Security shall submit to the Committee on Homeland Security
of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate an assessment
of U.S. Customs and Border Protection's ability to mitigate
unmanned aircraft systems at the southwest border. Such
assessment shall include information regarding any
intervention between January 1, 2021, and the date of the
enactment of this Act, by any Federal agency affecting in any
manner U.S. Customs and Border Protection's authority to so
mitigate such systems.
DIVISION 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 determines'' and
inserting ``if the Attorney General or the Secretary of
Homeland Security determines--'';
(2) by striking ``that the alien may be removed'' and
inserting the following:
``(i) that the alien may be removed'';
(3) by striking ``, pursuant to a bilateral or multilateral
agreement, to'' and inserting ``to'';
(4) by inserting ``or the Secretary, on a case by case
basis,'' before ``finds that'';
(5) by striking the period at the end and inserting ``;
or''; and
(6) by adding at the end the following:
``(ii) that the alien entered, attempted to enter, or
arrived in the United States after transiting through at
least one country outside the alien's country of citizenship,
nationality, or last lawful habitual residence en route to
the United States, unless--
``(I) the alien demonstrates that he or she applied for
protection from persecution or torture in at least one
country outside the alien's country of citizenship,
nationality, or last lawful habitual residence through which
the alien transited en route to the United States, and the
alien received a final judgment denying the alien protection
in each country;
``(II) the alien demonstrates that he or she was a victim
of a severe form of trafficking in which a commercial sex act
was induced by force, fraud, or coercion, or in which the
person induced to perform such act was under the age of 18
years; or in which the
[[Page H4880]]
trafficking included the recruitment, harboring,
transportation, provision, or obtaining of a person for labor
or services through the use of force, fraud, or coercion for
the purpose of subjection to involuntary servitude, peonage,
debt bondage, or slavery, and was unable to apply for
protection from persecution in each country through which the
alien transited en route to the United States as a result of
such severe form of trafficking; or
``(III) the only countries through which the alien
transited en route to the United States were, at the time of
the transit, not parties to the 1951 United Nations
Convention relating to the Status of Refugees, the 1967
Protocol Relating to the Status of Refugees, or the United
Nations Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment.''.
SEC. 102. CREDIBLE FEAR INTERVIEWS.
Section 235(b)(1)(B)(v) of the Immigration and Nationality
Act (8 U.S.C. 1225(b)(1)(B)(v)) is amended by striking
``there is a significant possibility'' and all that follows,
and inserting ``, taking into account the credibility of the
statements made by the alien in support of the alien's claim,
as determined pursuant to section 208(b)(1)(B)(iii), and such
other facts as are known to the officer, the alien more
likely than not could establish eligibility for asylum under
section 208, and it is more likely than not that the
statements made by, and on behalf of, the alien in support of
the alien's claim are true.''.
SEC. 103. CLARIFICATION OF ASYLUM ELIGIBILITY.
(a) In General.--Section 208(b)(1)(A) of the Immigration
and Nationality Act (8 U.S.C. 1158(b)(1)(A)) is amended by
inserting after ``section 101(a)(42)(A)'' the following:
``(in accordance with the rules set forth in this section),
and is eligible to apply for asylum under subsection (a)''.
(b) Place of Arrival.--Section 208(a)(1) of the Immigration
and Nationality Act (8 U.S.C. 1158(a)(1)) is amended--
(1) by striking ``or who arrives in the United States
(whether or not at a designated port of arrival and including
an alien who is brought to the United States after having
been interdicted in international or United States
waters),''; and
(2) by inserting after ``United States'' the following:
``and has arrived in the United States at a port of entry
(including an alien who is brought to the United States after
having been interdicted in international or United States
waters),''.
SEC. 104. EXCEPTIONS.
Paragraph (2) of section 208(b) of the Immigration and
Nationality Act (8 U.S.C. 1158(b)(2)) is amended to read as
follows:
``(2) Exceptions.--
``(A) In general.--Paragraph (1) shall not apply to an
alien if the Secretary of Homeland Security or the Attorney
General determines that--
``(i) the alien ordered, incited, assisted, or otherwise
participated in the persecution of any person on account of
race, religion, nationality, membership in a particular
social group, or political opinion;
``(ii) the alien has been convicted of any felony under
Federal, State, tribal, or local law;
``(iii) the alien has been convicted of any misdemeanor
offense under Federal, State, tribal, or local law
involving--
``(I) the unlawful possession or use of an identification
document, authentication feature, or false identification
document (as those terms and phrases are defined in the
jurisdiction where the conviction occurred), unless the alien
can establish that the conviction resulted from circumstances
showing that--
``(aa) the document or feature was presented before
boarding a common carrier;
``(bb) the document or feature related to the alien's
eligibility to enter the United States;
``(cc) the alien used the document or feature to depart a
country wherein the alien has claimed a fear of persecution;
and
``(dd) the alien claimed a fear of persecution without
delay upon presenting himself or herself to an immigration
officer upon arrival at a United States port of entry;
``(II) the unlawful receipt of a Federal public benefit (as
defined in section 401(c) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1611(c))), from a Federal entity, or the unlawful receipt of
similar public benefits from a State, tribal, or local
entity; or
``(III) possession or trafficking of a controlled substance
or controlled substance paraphernalia, as those phrases are
defined under the law of the jurisdiction where the
conviction occurred, other than a single offense involving
possession for one's own use of 30 grams or less of marijuana
(as marijuana is defined under the law of the jurisdiction
where the conviction occurred);
``(iv) the alien has been convicted of an offense arising
under paragraph (1)(A) or (2) of section 274(a), or under
section 276;
``(v) the alien has been convicted of a Federal, State,
tribal, or local crime that the Attorney General or Secretary
of Homeland Security knows, or has reason to believe, was
committed in support, promotion, or furtherance of the
activity of a criminal street gang (as defined under the law
of the jurisdiction where the conviction occurred or in
section 521(a) of title 18, United States Code);
``(vi) the alien has been convicted of an offense for
driving while intoxicated or impaired, as those terms are
defined under the law of the jurisdiction where the
conviction occurred (including a conviction for driving while
under the influence of or impaired by alcohol or drugs),
without regard to whether the conviction is classified as a
misdemeanor or felony under Federal, State, tribal, or local
law, in which such intoxicated or impaired driving was a
cause of serious bodily injury or death of another person;
``(vii) the alien has been convicted of more than one
offense for driving while intoxicated or impaired, as those
terms are defined under the law of the jurisdiction where the
conviction occurred (including a conviction for driving while
under the influence of or impaired by alcohol or drugs),
without regard to whether the conviction is classified as a
misdemeanor or felony under Federal, State, tribal, or local
law;
``(viii) the alien has been convicted of a crime--
``(I) that involves conduct amounting to a crime of
stalking;
``(II) of child abuse, child neglect, or child abandonment;
or
``(III) that involves conduct amounting to a domestic
assault or battery offense, including--
``(aa) a misdemeanor crime of domestic violence, as
described in section 921(a)(33) of title 18, United States
Code;
``(bb) a crime of domestic violence, as described in
section 40002(a)(12) of the Violence Against Women Act of
1994 (34 U.S.C. 12291(a)(12)); or
``(cc) any crime based on conduct in which the alien
harassed, coerced, intimidated, voluntarily or recklessly
used (or threatened to use) force or violence against, or
inflicted physical injury or physical pain, however slight,
upon a person--
``(AA) who is a current or former spouse of the alien;
``(BB) with whom the alien shares a child;
``(CC) who is cohabitating with, or who has cohabitated
with, the alien as a spouse;
``(DD) who is similarly situated to a spouse of the alien
under the domestic or family violence laws of the
jurisdiction where the offense occurred; or
``(EE) who is protected from that alien's acts under the
domestic or family violence laws of the United States or of
any State, tribal government, or unit of local government;
``(ix) the alien has engaged in acts of battery or extreme
cruelty upon a person and the person--
``(I) is a current or former spouse of the alien;
``(II) shares a child with the alien;
``(III) cohabitates or has cohabitated with the alien as a
spouse;
``(IV) is similarly situated to a spouse of the alien under
the domestic or family violence laws of the jurisdiction
where the offense occurred; or
``(V) is protected from that alien's acts under the
domestic or family violence laws of the United States or of
any State, tribal government, or unit of local government;
``(x) the alien, having been convicted by a final judgment
of a particularly serious crime, constitutes a danger to the
community of the United States;
``(xi) there are serious reasons for believing that the
alien has committed a serious nonpolitical crime outside the
United States prior to the arrival of the alien in the United
States;
``(xii) there are reasonable grounds for regarding the
alien as a danger to the security of the United States;
``(xiii) the alien is described in subclause (I), (II),
(III), (IV), or (VI) of section 212(a)(3)(B)(i) or section
237(a)(4)(B) (relating to terrorist activity), unless, in the
case only of an alien inadmissible under subclause (IV) of
section 212(a)(3)(B)(i), the Secretary of Homeland Security
or the Attorney General determines, in the Secretary's or the
Attorney General's discretion, that there are not reasonable
grounds for regarding the alien as a danger to the security
of the United States;
``(xiv) the alien was firmly resettled in another country
prior to arriving in the United States; or
``(xv) there are reasonable grounds for concluding the
alien could avoid persecution by relocating to another part
of the alien's country of nationality or, in the case of an
alien having no nationality, another part of the alien's
country of last habitual residence.
``(B) Special rules.--
``(i) Particularly serious crime; serious nonpolitical
crime outside the united states.--
``(I) In general.--For purposes of subparagraph (A)(x), the
Attorney General or Secretary of Homeland Security, in their
discretion, may determine that a conviction constitutes a
particularly serious crime based on--
``(aa) the nature of the conviction;
``(bb) the type of sentence imposed; or
``(cc) the circumstances and underlying facts of the
conviction.
``(II) Determination.--In making a determination under
subclause (I), the Attorney General or Secretary of Homeland
Security may consider all reliable information and is not
limited to facts found by the criminal court or provided in
the underlying record of conviction.
``(III) Treatment of felonies.--In making a determination
under subclause (I), an alien who has been convicted of a
felony (as defined under this section) or an aggravated
felony (as defined under section 101(a)(43)),
[[Page H4881]]
shall be considered to have been convicted of a particularly
serious crime.
``(IV) Interpol red notice.--In making a determination
under subparagraph (A)(xi), an Interpol Red Notice may
constitute reliable evidence that the alien has committed a
serious nonpolitical crime outside the United States.
``(ii) Crimes and exceptions.--
``(I) Driving while intoxicated or impaired.--A finding
under subparagraph (A)(vi) does not require the Attorney
General or Secretary of Homeland Security to find the first
conviction for driving while intoxicated or impaired
(including a conviction for driving while under the influence
of or impaired by alcohol or drugs) as a predicate offense.
The Attorney General or Secretary of Homeland Security need
only make a factual determination that the alien previously
was convicted for driving while intoxicated or impaired as
those terms are defined under the jurisdiction where the
conviction occurred (including a conviction for driving while
under the influence of or impaired by alcohol or drugs).
``(II) Stalking and other crimes.--In making a
determination under subparagraph (A)(viii), including
determining the existence of a domestic relationship between
the alien and the victim, the underlying conduct of the crime
may be considered, and the Attorney General or Secretary of
Homeland Security is not limited to facts found by the
criminal court or provided in the underlying record of
conviction.
``(III) Battery or extreme cruelty.--In making a
determination under subparagraph (A)(ix), the phrase `battery
or extreme cruelty' includes--
``(aa) any act or threatened act of violence, including any
forceful detention, which results or threatens to result in
physical or mental injury;
``(bb) psychological or sexual abuse or exploitation,
including rape, molestation, incest, or forced prostitution,
shall be considered acts of violence; and
``(cc) other abusive acts, including acts that, in and of
themselves, may not initially appear violent, but that are a
part of an overall pattern of violence.
``(IV) Exception for victims of domestic violence.--An
alien who was convicted of an offense described in clause
(viii) or (ix) of subparagraph (A) is not ineligible for
asylum on that basis if the alien satisfies the criteria
under section 237(a)(7)(A).
``(C) Specific circumstances.--Paragraph (1) shall not
apply to an alien whose claim is based on--
``(i) personal animus or retribution, including personal
animus in which the alleged persecutor has not targeted, or
manifested an animus against, other members of an alleged
particular social group in addition to the member who has
raised the claim at issue;
``(ii) the applicant's generalized disapproval of,
disagreement with, or opposition to criminal, terrorist,
gang, guerilla, or other non-state organizations absent
expressive behavior in furtherance of a discrete cause
against such organizations related to control of a State or
expressive behavior that is antithetical to the State or a
legal unit of the State;
``(iii) the applicant's resistance to recruitment or
coercion by guerrilla, criminal, gang, terrorist, or other
non-state organizations;
``(iv) the targeting of the applicant for criminal activity
for financial gain based on wealth or affluence or
perceptions of wealth or affluence;
``(v) the applicant's criminal activity; or
``(vi) the applicant's perceived, past or present, gang
affiliation.
``(D) Definitions and clarifications.--
``(i) Definitions.--For purposes of this paragraph:
``(I) Felony.--The term `felony' means--
``(aa) any crime defined as a felony by the relevant
jurisdiction (Federal, State, tribal, or local) of
conviction; or
``(bb) any crime punishable by more than one year of
imprisonment.
``(II) Misdemeanor.--The term `misdemeanor' means--
``(aa) any crime defined as a misdemeanor by the relevant
jurisdiction (Federal, State, tribal, or local) of
conviction; or
``(bb) any crime not punishable by more than one year of
imprisonment.
``(ii) Clarifications.--
``(I) Construction.--For purposes of this paragraph,
whether any activity or conviction also may constitute a
basis for removal is immaterial to a determination of asylum
eligibility.
``(II) Attempt, conspiracy, or solicitation.--For purposes
of this paragraph, all references to a criminal offense or
criminal conviction shall be deemed to include any attempt,
conspiracy, or solicitation to commit the offense or any
other inchoate form of the offense.
``(III) Effect of certain orders.--
``(aa) In general.--No order vacating a conviction,
modifying a sentence, clarifying a sentence, or otherwise
altering a conviction or sentence shall have any effect under
this paragraph unless the Attorney General or Secretary of
Homeland Security determines that--
``(AA) the court issuing the order had jurisdiction and
authority to do so; and
``(BB) the order was not entered for rehabilitative
purposes or for purposes of ameliorating the immigration
consequences of the conviction or sentence.
``(bb) Ameliorating immigration consequences.--For purposes
of item (aa)(BB), the order shall be presumed to be for the
purpose of ameliorating immigration consequences if--
``(AA) the order was entered after the initiation of any
proceeding to remove the alien from the United States; or
``(BB) the alien moved for the order more than one year
after the date of the original order of conviction or
sentencing, whichever is later.
``(cc) Authority of immigration judge.--An immigration
judge is not limited to consideration only of material
included in any order vacating a conviction, modifying a
sentence, or clarifying a sentence to determine whether such
order should be given any effect under this paragraph, but
may consider such additional information as the immigration
judge determines appropriate.
``(E) Additional limitations.--The Secretary of Homeland
Security or the Attorney General may by regulation establish
additional limitations and conditions, consistent with this
section, under which an alien shall be ineligible for asylum
under paragraph (1).
``(F) No judicial review.--There shall be no judicial
review of a determination of the Secretary of Homeland
Security or the Attorney General under subparagraph
(A)(xiii).''.
SEC. 105. EMPLOYMENT AUTHORIZATION.
Paragraph (2) of section 208(d) of the Immigration and
Nationality Act (8 U.S.C. 1158(d)) is amended to read as
follows:
``(2) Employment authorization.--
``(A) Authorization permitted.--An applicant for asylum is
not entitled to employment authorization, but such
authorization may be provided under regulation by the
Secretary of Homeland Security. An applicant who is not
otherwise eligible for employment authorization shall not be
granted such authorization prior to the date that is 180 days
after the date of filing of the application for asylum.
``(B) Termination.--Each grant of employment authorization
under subparagraph (A), and any renewal or extension thereof,
shall be valid for a period of 6 months, except that such
authorization, renewal, or extension shall terminate prior to
the end of such 6 month period as follows:
``(i) Immediately following the denial of an asylum
application by an asylum officer, unless the case is referred
to an immigration judge.
``(ii) 30 days after the date on which an immigration judge
denies an asylum application, unless the alien timely appeals
to the Board of Immigration Appeals.
``(iii) Immediately following the denial by the Board of
Immigration Appeals of an appeal of a denial of an asylum
application.
``(C) Renewal.--The Secretary of Homeland Security may not
grant, renew, or extend employment authorization to an alien
if the alien was previously granted employment authorization
under subparagraph (A), and the employment authorization was
terminated pursuant to a circumstance described in
subparagraph (B)(i), (ii), or (iii), unless a Federal court
of appeals remands the alien's case to the Board of
Immigration Appeals.
``(D) Ineligibility.--The Secretary of Homeland Security
may not grant employment authorization to an alien under this
paragraph if the alien--
``(i) is ineligible for asylum under subsection (b)(2)(A);
or
``(ii) entered or attempted to enter the United States at a
place and time other than lawfully through a United States
port of entry.''.
SEC. 106. ASYLUM FEES.
Paragraph (3) of section 208(d) of the Immigration and
Nationality Act (8 U.S.C. 1158(d)) is amended to read as
follows:
``(3) Fees.--
``(A) Application fee.--A fee of not less than $50 for each
application for asylum shall be imposed. Such fee shall not
exceed the cost of adjudicating the application. Such fee
shall not apply to an unaccompanied alien child who files an
asylum application in proceedings under section 240.
``(B) Employment authorization.--A fee may also be imposed
for the consideration of an application for employment
authorization under this section and for adjustment of status
under section 209(b). Such a fee shall not exceed the cost of
adjudicating the application.
``(C) Payment.--Fees under this paragraph may be assessed
and paid over a period of time or by installments.
``(D) Rule of construction.--Nothing in this paragraph
shall be construed to limit the authority of the Attorney
General or Secretary of Homeland Security to set adjudication
and naturalization fees in accordance with section 286(m).''.
SEC. 107. RULES FOR DETERMINING ASYLUM ELIGIBILITY.
Section 208 of the Immigration and Nationality Act (8
U.S.C. 1158) is amended by adding at the end the following:
``(f) Rules for Determining Asylum Eligibility.--In making
a determination under subsection (b)(1)(A) with respect to
whether an alien is a refugee within the meaning of section
101(a)(42)(A), the following shall apply:
``(1) Particular social group.--The Secretary of Homeland
Security or the Attorney General shall not determine that an
alien is a member of a particular social group unless the
alien articulates on the record, or provides a basis on the
record for determining,
[[Page H4882]]
the definition and boundaries of the alleged particular
social group, establishes that the particular social group
exists independently from the alleged persecution, and
establishes that the alien's claim of membership in a
particular social group does not involve--
``(A) past or present criminal activity or association
(including gang membership);
``(B) presence in a country with generalized violence or a
high crime rate;
``(C) being the subject of a recruitment effort by
criminal, terrorist, or persecutory groups;
``(D) the targeting of the applicant for criminal activity
for financial gain based on perceptions of wealth or
affluence;
``(E) interpersonal disputes of which governmental
authorities in the relevant society or region were unaware or
uninvolved;
``(F) private criminal acts of which governmental
authorities in the relevant society or region were unaware or
uninvolved;
``(G) past or present terrorist activity or association;
``(H) past or present persecutory activity or association;
or
``(I) status as an alien returning from the United States.
``(2) Political opinion.--The Secretary of Homeland
Security or the Attorney General may not determine that an
alien holds a political opinion with respect to which the
alien is subject to persecution if the political opinion is
constituted solely by generalized disapproval of,
disagreement with, or opposition to criminal, terrorist,
gang, guerilla, or other non-state organizations and does not
include expressive behavior in furtherance of a cause against
such organizations related to efforts by the State to control
such organizations or behavior that is antithetical to or
otherwise opposes the ruling legal entity of the State or a
unit thereof.
``(3) Persecution.--The Secretary of Homeland Security or
the Attorney General may not determine that an alien has been
subject to persecution or has a well-founded fear of
persecution based only on--
``(A) the existence of laws or government policies that are
unenforced or infrequently enforced, unless there is credible
evidence that such a law or policy has been or would be
applied to the applicant personally; or
``(B) the conduct of rogue foreign government officials
acting outside the scope of their official capacity.
``(4) Discretionary determination.--
``(A) Adverse discretionary factors.--The Secretary of
Homeland Security or the Attorney General may only grant
asylum to an alien if the alien establishes that he or she
warrants a favorable exercise of discretion. In making such a
determination, the Attorney General or Secretary of Homeland
Security shall consider, if applicable, an alien's use of
fraudulent documents to enter the United States, unless the
alien arrived in the United States by air, sea, or land
directly from the applicant's home country without transiting
through any other country.
``(B) Favorable exercise of discretion not permitted.--
Except as provided in subparagraph (C), the Attorney General
or Secretary of Homeland Security shall not favorably
exercise discretion under this section for any alien who--
``(i) has accrued more than one year of unlawful presence
in the United States, as defined in sections 212(a)(9)(B)(ii)
and (iii), prior to filing an application for asylum;
``(ii) at the time the asylum application is filed with the
immigration court or is referred from the Department of
Homeland Security, has--
``(I) failed to timely file (or timely file a request for
an extension of time to file) any required Federal, State, or
local income tax returns;
``(II) failed to satisfy any outstanding Federal, State, or
local tax obligations; or
``(III) income that would result in tax liability under
section 1 of the Internal Revenue Code of 1986 and that was
not reported to the Internal Revenue Service;
``(iii) has had two or more prior asylum applications
denied for any reason;
``(iv) has withdrawn a prior asylum application with
prejudice or been found to have abandoned a prior asylum
application;
``(v) failed to attend an interview regarding his or her
asylum application with the Department of Homeland Security,
unless the alien shows by a preponderance of the evidence
that--
``(I) exceptional circumstances prevented the alien from
attending the interview; or
``(II) the interview notice was not mailed to the last
address provided by the alien or the alien's representative
and neither the alien nor the alien's representative received
notice of the interview; or
``(vi) was subject to a final order of removal,
deportation, or exclusion and did not file a motion to reopen
to seek asylum based on changed country conditions within one
year of the change in country conditions.
``(C) Exceptions.--If one or more of the adverse
discretionary factors set forth in subparagraph (B) are
present, the Attorney General or the Secretary, may,
notwithstanding such subparagraph (B), favorably exercise
discretion under section 208--
``(i) in extraordinary circumstances, such as those
involving national security or foreign policy considerations;
or
``(ii) if the alien, by clear and convincing evidence,
demonstrates that the denial of the application for asylum
would result in exceptional and extremely unusual hardship to
the alien.
``(5) Limitation.--If the Secretary or the Attorney General
determines that an alien fails to satisfy the requirement
under paragraph (1), the alien may not be granted asylum
based on membership in a particular social group, and may not
appeal the determination of the Secretary or Attorney
General, as applicable. A determination under this paragraph
shall not serve as the basis for any motion to reopen or
reconsider an application for asylum or withholding of
removal for any reason, including a claim of ineffective
assistance of counsel, unless the alien complies with the
procedural requirements for such a motion and demonstrates
that counsel's failure to define, or provide a basis for
defining, a formulation of a particular social group was both
not a strategic choice and constituted egregious conduct.
``(6) Stereotypes.--Evidence offered in support of an
application for asylum that promotes cultural stereotypes
about a country, its inhabitants, or an alleged persecutor,
including stereotypes based on race, religion, nationality,
or gender, shall not be admissible in adjudicating that
application, except that evidence that an alleged persecutor
holds stereotypical views of the applicant shall be
admissible.
``(7) Definitions.--In this section:
``(A) The term `membership in a particular social group'
means membership in a group that is--
``(i) composed of members who share a common immutable
characteristic;
``(ii) defined with particularity; and
``(iii) socially distinct within the society in question.
``(B) The term `political opinion' means an ideal or
conviction in support of the furtherance of a discrete cause
related to political control of a state or a unit thereof.
``(C) The term `persecution' means the infliction of a
severe level of harm constituting an exigent threat by the
government of a country or by persons or an organization that
the government was unable or unwilling to control. Such term
does not include--
``(i) generalized harm or violence that arises out of
civil, criminal, or military strife in a country;
``(ii) all treatment that the United States regards as
unfair, offensive, unjust, unlawful, or unconstitutional;
``(iii) intermittent harassment, including brief
detentions;
``(iv) threats with no actual effort to carry out the
threats, except that particularized threats of severe harm of
an immediate and menacing nature made by an identified entity
may constitute persecution; or
``(v) non-severe economic harm or property damage.''.
SEC. 108. FIRM RESETTLEMENT.
Section 208 of the Immigration and Nationality Act (8
U.S.C. 1158), as amended by this title, is further amended by
adding at the end the following:
``(g) Firm Resettlement.--In determining whether an alien
was firmly resettled in another country prior to arriving in
the United States under subsection (b)(2)(A)(xiv), the
following shall apply:
``(1) In general.--An alien shall be considered to have
firmly resettled in another country if, after the events
giving rise to the alien's asylum claim--
``(A) the alien resided in a country through which the
alien transited prior to arriving in or entering the United
States and--
``(i) received or was eligible for any permanent legal
immigration status in that country;
``(ii) resided in such a country with any non-permanent but
indefinitely renewable legal immigration status (including
asylee, refugee, or similar status, but excluding status of a
tourist); or
``(iii) resided in such a country and could have applied
for and obtained an immigration status described in clause
(ii);
``(B) the alien physically resided voluntarily, and without
continuing to suffer persecution or torture, in any one
country for one year or more after departing his country of
nationality or last habitual residence and prior to arrival
in or entry into the United States, except for any time spent
in Mexico by an alien who is not a native or citizen of
Mexico solely as a direct result of being returned to Mexico
pursuant to section 235(b)(3) or of being subject to
metering; or
``(C) the alien is a citizen of a country other than the
country in which the alien alleges a fear of persecution, or
was a citizen of such a country in the case of an alien who
renounces such citizenship, and the alien was present in that
country after departing his country of nationality or last
habitual residence and prior to arrival in or entry into the
United States.
``(2) Burden of proof.--If an immigration judge determines
that an alien has firmly resettled in another country under
paragraph (1), the alien shall bear the burden of proving the
bar does not apply.
``(3) Firm resettlement of parent.--An alien shall be
presumed to have been firmly resettled in another country if
the alien's parent was firmly resettled in another country,
the parent's resettlement occurred before the alien turned 18
years of age, and the alien resided with such parent at the
time of the firm resettlement, unless the alien establishes
that he or she could not have derived any permanent legal
immigration status or any non-permanent but indefinitely
renewable legal immigration status (including asylum,
refugee, or similar status, but excluding status of a
tourist) from the alien's parent.''.
[[Page H4883]]
SEC. 109. NOTICE CONCERNING FRIVOLOUS ASYLUM APPLICATIONS.
(a) In General.--Section 208(d)(4) of the Immigration and
Nationality Act (8 U.S.C. 1158(d)(4)) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``the Secretary of Homeland Security or'' before ``the
Attorney General'';
(2) in subparagraph (A), by striking ``and of the
consequences, under paragraph (6), of knowingly filing a
frivolous application for asylum; and'' and inserting a
semicolon;
(3) in subparagraph (B), by striking the period and
inserting ``; and''; and
(4) by adding at the end the following:
``(C) ensure that a written warning appears on the asylum
application advising the alien of the consequences of filing
a frivolous application and serving as notice to the alien of
the consequence of filing a frivolous application.''.
(b) Conforming Amendment.--Section 208(d)(6) of the
Immigration and Nationality Act (8 U.S.C. 1158(d)(6)) is
amended by striking ``If the'' and all that follows and
inserting:
``(A) In general.--If the Secretary of Homeland Security or
the Attorney General determines that an alien has knowingly
made a frivolous application for asylum and the alien has
received the notice under paragraph (4)(C), the alien shall
be permanently ineligible for any benefits under this
chapter, effective as the date of the final determination of
such an application.
``(B) Criteria.--An application is frivolous if the
Secretary of Homeland Security or the Attorney General
determines, consistent with subparagraph (C), that--
``(i) it is so insufficient in substance that it is clear
that the applicant knowingly filed the application solely or
in part to delay removal from the United States, to seek
employment authorization as an applicant for asylum pursuant
to regulations issued pursuant to paragraph (2), or to seek
issuance of a Notice to Appear in order to pursue
Cancellation of Removal under section 240A(b); or
``(ii) any of the material elements are knowingly
fabricated.
``(C) Sufficient opportunity to clarify.--In determining
that an application is frivolous, the Secretary or the
Attorney General, must be satisfied that the applicant,
during the course of the proceedings, has had sufficient
opportunity to clarify any discrepancies or implausible
aspects of the claim.
``(D) Withholding of removal not precluded.--For purposes
of this section, a finding that an alien filed a frivolous
asylum application shall not preclude the alien from seeking
withholding of removal under section 241(b)(3) or protection
pursuant to the Convention Against Torture.''.
SEC. 110. TECHNICAL AMENDMENTS.
Section 208 of the Immigration and Nationality Act (8
U.S.C. 1158) is amended--
(1) in subsection (a)--
(A) in paragraph (2)(D), by inserting ``Secretary of
Homeland Security or the'' before ``Attorney General''; and
(B) in paragraph (3), by inserting ``Secretary of Homeland
Security or the'' before ``Attorney General'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``Attorney General'' each
place such term appears and inserting ``Secretary of Homeland
Security'';
(B) in paragraph (2), in the matter preceding subparagraph
(A), by inserting ``Secretary of Homeland Security or the''
before ``Attorney General''; and
(C) in paragraph (3), by inserting ``Secretary of Homeland
Security or the'' before ``Attorney General''; and
(3) in subsection (d)--
(A) in paragraph (1), by inserting ``Secretary of Homeland
Security or the'' before ``Attorney General'' each place such
term appears; and
(B) in paragraph (5)--
(i) in subparagraph (A), by striking ``Attorney General''
and inserting ``Secretary of Homeland Security''; and
(ii) in subparagraph (B), by inserting ``Secretary of
Homeland Security or the'' before ``Attorney General''.
SEC. 111. REQUIREMENT FOR PROCEDURES RELATING TO CERTAIN
ASYLUM APPLICATIONS.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the Attorney General shall
establish procedures to expedite the adjudication of asylum
applications for aliens--
(1) who are subject to removal proceedings under section
240 of the Immigration and Nationality Act (8 U.S.C. 1229a);
and
(2) who are nationals of a Western Hemisphere country
sanctioned by the United States, as described in subsection
(b), as of January 1, 2023.
(b) Western Hemisphere Country Sanctioned by the United
States Described.--Subsection (a) shall apply only to an
asylum application filed by an alien who is a national of a
Western Hemisphere country subject to sanctions pursuant to--
(1) the Cuban Liberty and Democratic Solidarity (LIBERTAD)
Act of 1996 (22 U.S.C. 6021 note);
(2) the Reinforcing Nicaragua's Adherence to Conditions for
Electoral Reform Act of 2021 or the RENACER Act (50 U.S.C.
1701 note); or
(3) Executive Order 13692 (80 Fed. Reg. 12747; declaring a
national emergency with respect to the situation in
Venezuela).
(c) Applicability.--This section shall only apply to an
alien who files an application for asylum after the date of
the enactment of this Act.
TITLE II--BORDER SAFETY AND MIGRANT PROTECTION
SEC. 201. INSPECTION OF APPLICANTS FOR ADMISSION.
Section 235 of the Immigration and Nationality Act (8
U.S.C. 1225) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in clauses (i) and (ii), by striking ``section
212(a)(6)(C)'' inserting ``subparagraph (A) or (C) of section
212(a)(6)''; and
(II) by adding at the end the following:
``(iv) Ineligibility for parole.--An alien described in
clause (i) or (ii) shall not be eligible for parole except as
expressly authorized pursuant to section 212(d)(5), or for
parole or release pursuant to section 236(a).''; and
(ii) in subparagraph (B)--
(I) in clause (ii), by striking ``asylum.'' and inserting
``asylum and shall not be released (including pursuant to
parole or release pursuant to section 236(a) but excluding as
expressly authorized pursuant to section 212(d)(5)) other
than to be removed or returned to a country as described in
paragraph (3).''; and
(II) in clause (iii)(IV)--
(aa) in the header by striking ``detention'' and inserting
``detention, return, or removal''; and
(bb) by adding at the end the following: ``The alien shall
not be released (including pursuant to parole or release
pursuant to section 236(a) but excluding as expressly
authorized pursuant to section 212(d)(5)) other than to be
removed or returned to a country as described in paragraph
(3).'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``Subject to subparagraphs (B) and (C),''
and inserting ``Subject to subparagraph (B) and paragraph
(3),''; and
(II) by adding at the end the following: ``The alien shall
not be released (including pursuant to parole or release
pursuant to section 236(a) but excluding as expressly
authorized pursuant to section 212(d)(5)) other than to be
removed or returned to a country as described in paragraph
(3).''; and
(ii) by striking subparagraph (C);
(C) by redesignating paragraph (3) as paragraph (5); and
(D) by inserting after paragraph (2) the following:
``(3) Return to foreign territory contiguous to the united
states.--
``(A) In general.--The Secretary of Homeland Security may
return to a foreign territory contiguous to the United States
any alien arriving on land from that territory (whether or
not at a designated port of entry) pending a proceeding under
section 240 or review of a determination under subsection
(b)(1)(B)(iii)(III).
``(B) Mandatory return.--If at any time the Secretary of
Homeland Security cannot--
``(i) comply with its obligations to detain an alien as
required under clauses (ii) and (iii)(IV) of subsection
(b)(1)(B) and subsection (b)(2)(A); or
``(ii) remove an alien to a country described in section
208(a)(2)(A),
the Secretary of Homeland Security shall, without exception,
including pursuant to parole or release pursuant to section
236(a) but excluding as expressly authorized pursuant to
section 212(d)(5), return to a foreign territory contiguous
to the United States any alien arriving on land from that
territory (whether or not at a designated port of entry)
pending a proceeding under section 240 or review of a
determination under subsection (b)(1)(B)(iii)(III).
``(4) Enforcement by state attorneys general.--The attorney
general of a State, or other authorized State officer,
alleging a violation of the detention, return, or removal
requirements under paragraph (1), (2), or (3) that affects
such State or its residents, may bring an action against the
Secretary of Homeland Security on behalf of the residents of
the State in an appropriate United States district court to
obtain appropriate injunctive relief.''; and
(2) by adding at the end the following:
``(e) Authority To Prohibit Introduction of Certain
Aliens.--If the Secretary of Homeland Security determines, in
his discretion, that the prohibition of the introduction of
aliens who are inadmissible under subparagraph (A) or (C) of
section 212(a)(6) or under section 212(a)(7) at an
international land or maritime border of the United States is
necessary to achieve operational control (as defined in
section 2 of the Secure Fence Act of 2006 (8 U.S.C. 1701
note)) of such border, the Secretary may prohibit, in whole
or in part, the introduction of such aliens at such border
for such period of time as the Secretary determines is
necessary for such purpose.''.
SEC. 202. OPERATIONAL DETENTION FACILITIES.
(a) In General.--Not later than September 30, 2023, the
Secretary of Homeland Security shall take all necessary
actions to reopen or restore all U.S. Immigration and Customs
Enforcement detention facilities that were in operation on
January 20, 2021, that subsequently closed or with respect to
which the use was altered, reduced, or discontinued after
January 20, 2021. In carrying out the requirement under this
subsection, the Secretary may use the authority under section
103(a)(11) of the Immigration and Nationality Act (8 U.S.C.
1103(a)(11)).
[[Page H4884]]
(b) Specific Facilities.--The requirement under subsection
(a) shall include at a minimum, reopening, or restoring, the
following facilities:
(1) Irwin County Detention Center in Georgia.
(2) C. Carlos Carreiro Immigration Detention Center in
Bristol County, Massachusetts.
(3) Etowah County Detention Center in Gadsden, Alabama.
(4) Glades County Detention Center in Moore Haven, Florida.
(5) South Texas Family Residential Center.
(c) Exception.--
(1) In general.--Except as provided in paragraphs (2) and
(3), the Secretary of Homeland Security is authorized to
obtain equivalent capacity for detention facilities at
locations other than those listed in subsection (b).
(2) Limitation.--The Secretary may not take action under
paragraph (1) unless the capacity obtained would result in a
reduction of time and cost relative to the cost and time
otherwise required to obtain such capacity.
(3) South texas family residential center.--The exception
under paragraph (1) shall not apply to the South Texas Family
Residential Center. The Secretary shall take all necessary
steps to modify and operate the South Texas Family
Residential Center in the same manner and capability it was
operating on January 20, 2021.
(d) Periodic Report.--Not later than 90 days after the date
of the enactment of this Act, and every 90 days thereafter
until September 30, 2027, the Secretary of Homeland Security
shall submit to the appropriate congressional committees a
detailed plan for and a status report on--
(1) compliance with the deadline under subsection (a);
(2) the increase in detention capabilities required by this
section--
(A) for the 90-day period immediately preceding the date
such report is submitted; and
(B) for the period beginning on the first day of the fiscal
year during which the report is submitted, and ending on the
date such report is submitted;
(3) the number of detention beds that were used and the
number of available detention beds that were not used
during--
(A) the 90-day period immediately preceding the date such
report is submitted; and
(B) the period beginning on the first day of the fiscal
year during which the report is submitted, and ending on the
date such report is submitted;
(4) the number of aliens released due to a lack of
available detention beds; and
(5) the resources the Department of Homeland Security needs
in order to comply with the requirements under this section.
(e) Notification.--The Secretary of Homeland Security shall
notify Congress, and include with such notification a
detailed description of the resources the Department of
Homeland Security needs in order to detain all aliens whose
detention is mandatory or nondiscretionary under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.)--
(1) not later than 5 days after all U.S. Immigration and
Customs Enforcement detention facilities reach 90 percent of
capacity;
(2) not later than 5 days after all U.S. Immigration and
Customs Enforcement detention facilities reach 95 percent of
capacity; and
(3) not later than 5 days after all U.S. Immigration and
Customs Enforcement detention facilities reach full capacity.
(f) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on the Judiciary of the House of
Representatives;
(2) the Committee on Appropriations of the House of
Representatives;
(3) the Committee on the Judiciary of the Senate; and
(4) the Committee on Appropriations of the Senate.
TITLE III--PREVENTING UNCONTROLLED MIGRATION FLOWS IN THE WESTERN
HEMISPHERE
SEC. 301. UNITED STATES POLICY REGARDING WESTERN HEMISPHERE
COOPERATION ON IMMIGRATION AND ASYLUM.
It is the policy of the United States to enter into
agreements, accords, and memoranda of understanding with
countries in the Western Hemisphere, the purposes of which
are to advance the interests of the United States by reducing
costs associated with illegal immigration and to protect the
human capital, societal traditions, and economic growth of
other countries in the Western Hemisphere. It is further the
policy of the United States to ensure that humanitarian and
development assistance funding aimed at reducing illegal
immigration is not expended on programs that have not proven
to reduce illegal immigrant flows in the aggregate.
SEC. 302. NEGOTIATIONS BY SECRETARY OF STATE.
(a) Authorization To Negotiate.--The Secretary of State
shall seek to negotiate agreements, accords, and memoranda of
understanding between the United States, Mexico, Honduras, El
Salvador, Guatemala, and other countries in the Western
Hemisphere with respect to cooperation and burden sharing
required for effective regional immigration enforcement,
expediting legal claims by aliens for asylum, and the
processing, detention, and repatriation of foreign nationals
seeking to enter the United States unlawfully. Such
agreements shall be designed to facilitate a regional
approach to immigration enforcement and shall, at a minimum,
provide that--
(1) the Government of Mexico authorize and accept the rapid
entrance into Mexico of nationals of countries other than
Mexico who seek asylum in Mexico, and process the asylum
claims of such nationals inside Mexico, in accordance with
both domestic law and international treaties and conventions
governing the processing of asylum claims;
(2) the Government of Mexico authorize and accept both the
rapid entrance into Mexico of all nationals of countries
other than Mexico who are ineligible for asylum in Mexico and
wish to apply for asylum in the United States, whether or not
at a port of entry, and the continued presence of such
nationals in Mexico while they wait for the adjudication of
their asylum claims to conclude in the United States;
(3) the Government of Mexico commit to provide the
individuals described in paragraphs (1) and (2) with
appropriate humanitarian protections;
(4) the Government of Honduras, the Government of El
Salvador, and the Government of Guatemala each authorize and
accept the entrance into the respective countries of
nationals of other countries seeking asylum in the applicable
such country and process such claims in accordance with
applicable domestic law and international treaties and
conventions governing the processing of asylum claims;
(5) the Government of the United States commit to work to
accelerate the adjudication of asylum claims and to conclude
removal proceedings in the wake of asylum adjudications as
expeditiously as possible;
(6) the Government of the United States commit to continue
to assist the governments of countries in the Western
Hemisphere, such as the Government of Honduras, the
Government of El Salvador, and the Government of Guatemala,
by supporting the enhancement of asylum capacity in those
countries; and
(7) the Government of the United States commit to
monitoring developments in hemispheric immigration trends and
regional asylum capabilities to determine whether additional
asylum cooperation agreements are warranted.
(b) Notification in Accordance With Case-Zablocki Act.--The
Secretary of State shall, in accordance with section 112b of
title 1, United States Code, promptly inform the relevant
congressional committees of each agreement entered into
pursuant to subsection (a). Such notifications shall be
submitted not later than 48 hours after such agreements are
signed.
(c) Alien Defined.--In this section, the term ``alien'' has
the meaning given such term in section 101 of the Immigration
and Nationality Act (8 U.S.C. 1101).
SEC. 303. MANDATORY BRIEFINGS ON UNITED STATES EFFORTS TO
ADDRESS THE BORDER CRISIS.
(a) Briefing Required.--Not later than 90 days after the
date of the enactment of this Act, and not less frequently
than once every 90 days thereafter until the date described
in subsection (b), the Secretary of State, or the designee of
the Secretary of State, shall provide to the appropriate
congressional committees an in-person briefing on efforts
undertaken pursuant to the negotiation authority provided by
section 302 of this title to monitor, deter, and prevent
illegal immigration to the United States, including by
entering into agreements, accords, and memoranda of
understanding with foreign countries and by using United
States foreign assistance to stem the root causes of
migration in the Western Hemisphere.
(b) Termination of Mandatory Briefing.--The date described
in this subsection is the date on which the Secretary of
State, in consultation with the heads of other relevant
Federal departments and agencies, determines and certifies to
the appropriate congressional committees that illegal
immigration flows have subsided to a manageable rate.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
TITLE IV--ENSURING UNITED FAMILIES AT THE BORDER
SEC. 401. CLARIFICATION OF STANDARDS FOR FAMILY DETENTION.
(a) In General.--Section 235 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1232) is amended by adding at the end the following:
``(j) Construction.--
``(1) In general.--Notwithstanding any other provision of
law, judicial determination, consent decree, or settlement
agreement, the detention of any alien child who is not an
unaccompanied alien child shall be governed by sections 217,
235, 236, and 241 of the Immigration and Nationality Act (8
U.S.C. 1187, 1225, 1226, and 1231). There is no presumption
that an alien child who is not an unaccompanied alien child
should not be detained.
``(2) Family detention.--The Secretary of Homeland Security
shall--
``(A) maintain the care and custody of an alien, during the
period during which the charges described in clause (i) are
pending, who--
[[Page H4885]]
``(i) is charged only with a misdemeanor offense under
section 275(a) of the Immigration and Nationality Act (8
U.S.C. 1325(a)); and
``(ii) entered the United States with the alien's child who
has not attained 18 years of age; and
``(B) detain the alien with the alien's child.''.
(b) Sense of Congress.--It is the sense of Congress that
the amendments in this section to section 235 of the William
Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008 (8 U.S.C. 1232) are intended to satisfy the
requirements of the Settlement Agreement in Flores v. Meese,
No. 85-4544 (C.D. Cal), as approved by the court on January
28, 1997, with respect to its interpretation in Flores v.
Johnson, 212 F. Supp. 3d 864 (C.D. Cal. 2015), that the
agreement applies to accompanied minors.
(c) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act
and shall apply to all actions that occur before, on, or
after such date.
(d) Preemption of State Licensing Requirements.--
Notwithstanding any other provision of law, judicial
determination, consent decree, or settlement agreement, no
State may require that an immigration detention facility used
to detain children who have not attained 18 years of age, or
families consisting of one or more of such children and the
parents or legal guardians of such children, that is located
in that State, be licensed by the State or any political
subdivision thereof.
TITLE V--PROTECTION OF CHILDREN
SEC. 501. FINDINGS.
Congress makes the following findings:
(1) Implementation of the provisions of the Trafficking
Victims Protection Reauthorization Act of 2008 that govern
unaccompanied alien children has incentivized multiple surges
of unaccompanied alien children arriving at the southwest
border in the years since the bill's enactment.
(2) The provisions of the Trafficking Victims Protection
Reauthorization Act of 2008 that govern unaccompanied alien
children treat unaccompanied alien children from countries
that are contiguous to the United States disparately by
swiftly returning them to their home country absent
indications of trafficking or a credible fear of return, but
allowing for the release of unaccompanied alien children from
noncontiguous countries into the interior of the United
States, often to those individuals who paid to smuggle them
into the country in the first place.
(3) The provisions of the Trafficking Victims Protection
Reauthorization Act of 2008 governing unaccompanied alien
children have enriched the cartels, who profit hundreds of
millions of dollars each year by smuggling unaccompanied
alien children to the southwest border, exploiting and
sexually abusing many such unaccompanied alien children on
the perilous journey.
(4) Prior to 2008, the number of unaccompanied alien
children encountered at the southwest border never exceeded
1,000 in a single year.
(5) The United States is currently in the midst of the
worst crisis of unaccompanied alien children in our nation's
history, with over 350,000 such unaccompanied alien children
encountered at the southwest border since Joe Biden became
President.
(6) In 2022, during the Biden Administration, 152,057
unaccompanied alien children were encountered, the most ever
in a single year and an over 400 percent increase compared to
the last full fiscal year of the Trump Administration in
which 33,239 unaccompanied alien children were encountered.
(7) The Biden Administration has lost contact with at least
85,000 unaccompanied alien children who entered the United
States since Joe Biden took office.
(8) The Biden Administration dismantled effective
safeguards put in place by the Trump Administration that
protected unaccompanied alien children from being abused by
criminals or exploited for illegal and dangerous child labor.
(9) A recent New York Times investigation found that
unaccompanied alien children are being exploited in the labor
market and ``are ending up in some of the most punishing jobs
in the country.''.
(10) The Times investigation found unaccompanied alien
children, ``under intense pressure to earn money'' in order
to ``send cash back to their families while often being in
debt to their sponsors for smuggling fees, rent, and living
expenses,'' feared ``that they had become trapped in
circumstances they never could have imagined.''.
(11) The Biden Administration's Department of Health and
Human Services Secretary Xavier Becerra compared placing
unaccompanied alien children with sponsors, to widgets in an
assembly line, stating that, ``If Henry Ford had seen this in
his plant, he would have never become famous and rich. This
is not the way you do an assembly line.''.
(12) Department of Health and Human Services employees
working under Secretary Xavier Becerra's leadership penned a
July 2021 memorandum expressing serious concern that ``labor
trafficking was increasing'' and that the agency had become
``one that rewards individuals for making quick releases, and
not one that rewards individuals for preventing unsafe
releases.''.
(13) Despite this, Secretary Xavier Becerra pressured then-
Director of the Office of Refugee Resettlement Cindy Huang to
prioritize releases of unaccompanied alien children over
ensuring their safety, telling her ``if she could not
increase the number of discharges he would find someone who
could'' and then-Director Huang resigned one month later.
(14) In June 2014, the Obama-Biden Administration requested
legal authority to exercise discretion in returning and
removing unaccompanied alien children from non-contiguous
countries back to their home countries.
(15) In August 2014, the House of Representatives passed
H.R. 5320, which included the Protection of Children Act.
(16) This title ends the disparate policies of the
Trafficking Victims Protection Reauthorization Act of 2008 by
ensuring the swift return of all unaccompanied alien children
to their country of origin if they are not victims of
trafficking and do not have a fear of return.
SEC. 502. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.
(a) In General.--Section 235 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1232) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) by amending the heading to read as follows: ``Rules for
unaccompanied alien children.--'';
(ii) in subparagraph (A)--
(I) in the matter preceding clause (i), by striking ``who
is a national or habitual resident of a country that is
contiguous with the United States'';
(II) in clause (i), by inserting ``and'' at the end;
(III) in clause (ii), by striking ``; and'' and inserting a
period; and
(IV) by striking clause (iii); and
(iii) in subparagraph (B)--
(I) in the matter preceding clause (i), by striking ``(8
U.S.C. 1101 et seq.) may--'' and inserting ``(8 U.S.C. 1101
et seq.)--'';
(II) in clause (i), by inserting before ``permit such child
to withdraw'' the following: ``may''; and
(III) in clause (ii), by inserting before ``return such
child'' the following: ``shall''; and
(B) in paragraph (5)(D)--
(i) in the matter preceding clause (i), by striking ``,
except for an unaccompanied alien child from a contiguous
country subject to exceptions under subsection (a)(2),'' and
inserting ``who does not meet the criteria listed in
paragraph (2)(A)''; and
(ii) in clause (i), by inserting before the semicolon at
the end the following: ``, which shall include a hearing
before an immigration judge not later than 14 days after
being screened under paragraph (4)'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A), by inserting before the semicolon
the following: ``believed not to meet the criteria listed in
subsection (a)(2)(A)''; and
(ii) in subparagraph (B), by inserting before the period
the following: ``and does not meet the criteria listed in
subsection (a)(2)(A)''; and
(B) in paragraph (3), by striking ``an unaccompanied alien
child in custody shall'' and all that follows, and inserting
the following: ``an unaccompanied alien child in custody--
``(A) in the case of a child who does not meet the criteria
listed in subsection (a)(2)(A), shall transfer the custody of
such child to the Secretary of Health and Human Services not
later than 30 days after determining that such child is an
unaccompanied alien child who does not meet such criteria; or
``(B) in the case of a child who meets the criteria listed
in subsection (a)(2)(A), may transfer the custody of such
child to the Secretary of Health and Human Services after
determining that such child is an unaccompanied alien child
who meets such criteria.''; and
(3) in subsection (c)--
(A) in paragraph (3), by inserting at the end the
following:
``(D) Information about individuals with whom children are
placed.--
``(i) Information to be provided to homeland security.--
Before placing a child with an individual, the Secretary of
Health and Human Services shall provide to the Secretary of
Homeland Security, regarding the individual with whom the
child will be placed, information on--
``(I) the name of the individual;
``(II) the social security number of the individual;
``(III) the date of birth of the individual;
``(IV) the location of the individual's residence where the
child will be placed;
``(V) the immigration status of the individual, if known;
and
``(VI) contact information for the individual.
``(ii) Activities of the secretary of homeland security.--
Not later than 30 days after receiving the information listed
in clause (i), the Secretary of Homeland Security, upon
determining that an individual with whom a child is placed is
unlawfully present in the United States and not in removal
proceedings pursuant to chapter 4 of title II of the
Immigration and Nationality Act (8 U.S.C. 1221 et seq.),
shall initiate such removal proceedings.''; and
(B) in paragraph (5)--
(i) by inserting after ``to the greatest extent
practicable'' the following: ``(at no expense to the
Government)''; and
(ii) by striking ``have counsel to represent them'' and
inserting ``have access to counsel to represent them''.
[[Page H4886]]
(b) Effective Date.--The amendments made by this section
shall apply to any unaccompanied alien child (as such term is
defined in section 462(g) of the Homeland Security Act of
2002 (6 U.S.C. 279(g))) apprehended on or after the date that
is 30 days after the date of the enactment of this Act.
SEC. 503. SPECIAL IMMIGRANT JUVENILE STATUS FOR IMMIGRANTS
UNABLE TO REUNITE WITH EITHER PARENT.
Section 101(a)(27)(J) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(27)(J)) is amended--
(1) in clause (i), by striking ``, and whose reunification
with 1 or both of the immigrant's parents is not viable due
to abuse, neglect, abandonment, or a similar basis found
under State law''; and
(2) in clause (iii)--
(A) in subclause (I), by striking ``and'' at the end;
(B) in subclause (II), by inserting ``and'' after the
semicolon; and
(C) by adding at the end the following:
``(III) an alien may not be granted special immigrant
status under this subparagraph if the alien's reunification
with any one parent or legal guardian is not precluded by
abuse, neglect, abandonment, or any similar cause under State
law;''.
SEC. 504. RULE OF CONSTRUCTION.
Nothing in this title shall be construed to limit the
following procedures or practices relating to an
unaccompanied alien child (as defined in section 462(g)(2) of
the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))):
(1) Screening of such a child for a credible fear of return
to his or her country of origin.
(2) Screening of such a child to determine whether he or
she was a victim of trafficking.
(3) Department of Health and Human Services policy in
effect on the date of the enactment of this Act requiring a
home study for such a child if he or she is under 12 years of
age.
TITLE VI--VISA OVERSTAYS PENALTIES
SEC. 601. EXPANDED PENALTIES FOR ILLEGAL ENTRY OR PRESENCE.
Section 275 of the Immigration and Nationality Act (8
U.S.C. 1325) is amended--
(1) in subsection (a) by inserting after ``for a subsequent
commission of any such offense'' the following: ``or if the
alien was previously convicted of an offense under subsection
(e)(2)(A)'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``at least $50 and not
more than $250'' and inserting ``not less than $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 subsection'' the following: ``or subsection
(e)(2)(B)''; and
(3) by adding at the end the following:
``(e) Visa Overstays.--
``(1) In general.--An alien who was admitted as a
nonimmigrant has violated this paragraph if the alien, for an
aggregate of 10 days or more, has failed--
``(A) to maintain the nonimmigrant status in which the
alien was admitted, or to which it was changed under section
248, including complying with the period of stay authorized
by the Secretary of Homeland Security in connection with such
status; or
``(B) to comply otherwise with the conditions of such
nonimmigrant status.
``(2) Penalties.--An alien who has violated paragraph (1)--
``(A) shall--
``(i) for the first commission of such a violation, be
fined under title 18, United States Code, or imprisoned not
more than 6 months, or both; and
``(ii) for a subsequent commission of such a violation, or
if the alien was previously convicted of an offense under
subsection (a), be fined under such title 18, or imprisoned
not more than 2 years, or both; and
``(B) in addition to, and not in lieu of, any penalty under
subparagraph (A) and any other criminal or civil penalties
that may be imposed, shall be subject to a civil penalty of--
``(i) not less than $500 and not more than $1,000 for each
violation; or
``(ii) twice the amount specified in clause (i), in the
case of an alien who has been previously subject to a civil
penalty under this subparagraph or subsection (b).''.
TITLE VII--IMMIGRATION PAROLE REFORM
SEC. 701. IMMIGRATION PAROLE REFORM.
Section 212(d)(5) of the Immigration and Nationality Act (8
U.S.C. 1182(d)(5)) is amended to read as follows:
``(5)(A) Except as provided in subparagraphs (B) and (C)
and section 214(f), the Secretary of Homeland Security, in
the discretion of the Secretary, may temporarily parole into
the United States any alien applying for admission to the
United States who is not present in the United States, under
such conditions as the Secretary may prescribe, on a case-by-
case basis, and not according to eligibility criteria
describing an entire class of potential parole recipients,
for urgent humanitarian reasons or significant public
benefit. Parole granted under this subparagraph may not be
regarded as an admission of the alien. When the purposes of
such parole have been served in the opinion of the Secretary,
the alien shall immediately return or be returned to the
custody from which the alien was paroled. After such return,
the case of the alien shall be dealt with in the same manner
as the case of any other applicant for admission to the
United States.
``(B) The Secretary of Homeland Security may grant parole
to any alien who--
``(i) is present in the United States without lawful
immigration status;
``(ii) is the beneficiary of an approved petition under
section 203(a);
``(iii) is not otherwise inadmissible or removable; and
``(iv) is the spouse or child of a member of the Armed
Forces serving on active duty.
``(C) The Secretary of Homeland Security may grant parole
to any alien--
``(i) who is a national of the Republic of Cuba and is
living in the Republic of Cuba;
``(ii) who is the beneficiary of an approved petition under
section 203(a);
``(iii) for whom an immigrant visa is not immediately
available;
``(iv) who meets all eligibility requirements for an
immigrant visa;
``(v) who is not otherwise inadmissible; and
``(vi) who is receiving a grant of parole in furtherance of
the commitment of the United States to the minimum level of
annual legal migration of Cuban nationals to the United
States specified in the U.S.-Cuba Joint Communique on
Migration, done at New York September 9, 1994, and reaffirmed
in the Cuba-United States: Joint Statement on Normalization
of Migration, Building on the Agreement of September 9, 1994,
done at New York May 2, 1995.
``(D) The Secretary of Homeland Security may grant parole
to an alien who is returned to a contiguous country under
section 235(b)(3) to allow the alien to attend the alien's
immigration hearing. The grant of parole shall not exceed the
time required for the alien to be escorted to, and attend,
the alien's immigration hearing scheduled on the same
calendar day as the grant, and to immediately thereafter be
escorted back to the contiguous country. A grant of parole
under this subparagraph shall not be considered for purposes
of determining whether the alien is inadmissible under this
Act.
``(E) For purposes of determining an alien's eligibility
for parole under subparagraph (A), an urgent humanitarian
reason shall be limited to circumstances in which the alien
establishes that--
``(i)(I) the alien has a medical emergency; and
``(II)(aa) the alien cannot obtain necessary treatment in
the foreign state in which the alien is residing; or
``(bb) the medical emergency is life-threatening and there
is insufficient time for the alien to be admitted to the
United States through the normal visa process;
``(ii) the alien is the parent or legal guardian of an
alien described in clause (i) and the alien described in
clause (i) is a minor;
``(iii) the alien is needed in the United States in order
to donate an organ or other tissue for transplant and there
is insufficient time for the alien to be admitted to the
United States through the normal visa process;
``(iv) the alien has a close family member in the United
States whose death is imminent and the alien could not arrive
in the United States in time to see such family member alive
if the alien were to be admitted to the United States through
the normal visa process;
``(v) the alien is seeking to attend the funeral of a close
family member and the alien could not arrive in the United
States in time to attend such funeral if the alien were to be
admitted to the United States through the normal visa
process;
``(vi) the alien is an adopted child with an urgent medical
condition who is in the legal custody of the petitioner for a
final adoption-related visa and whose medical treatment is
required before the expected award of a final adoption-
related visa; or
``(vii) the alien is a lawful applicant for adjustment of
status under section 245 and is returning to the United
States after temporary travel abroad.
``(F) For purposes of determining an alien's eligibility
for parole under subparagraph (A), a significant public
benefit may be determined to result from the parole of an
alien only if--
``(i) the alien has assisted (or will assist, whether
knowingly or not) the United States Government in a law
enforcement matter;
``(ii) the alien's presence is required by the Government
in furtherance of such law enforcement matter; and
``(iii) the alien is inadmissible, does not satisfy the
eligibility requirements for admission as a nonimmigrant, or
there is insufficient time for the alien to be admitted to
the United States through the normal visa process.
``(G) For purposes of determining an alien's eligibility
for parole under subparagraph (A), the term `case-by-case
basis' means that the facts in each individual case are
considered and parole is not granted based on membership in a
defined class of aliens to be granted parole. The fact that
aliens are considered for or granted parole one-by-one and
not as a group is not sufficient to establish that the parole
decision is made on a `case-by-case basis'.
``(H) The Secretary of Homeland Security may not use the
parole authority under this paragraph to parole an alien into
the United States for any reason or purpose other than those
described in subparagraphs (B), (C), (D), (E), and (F).
``(I) An alien granted parole may not accept employment,
except that an alien granted parole pursuant to subparagraph
(B) or (C) is authorized to accept employment for the
duration of the parole, as evidenced
[[Page H4887]]
by an employment authorization document issued by the
Secretary of Homeland Security.
``(J) Parole granted after a departure from the United
States shall not be regarded as an admission of the alien. An
alien granted parole, whether as an initial grant of parole
or parole upon reentry into the United States, is not
eligible to adjust status to lawful permanent residence or
for any other immigration benefit if the immigration status
the alien had at the time of departure did not authorize the
alien to adjust status or to be eligible for such benefit.
``(K)(i) Except as provided in clauses (ii) and (iii),
parole shall be granted to an alien under this paragraph for
the shorter of--
``(I) a period of sufficient length to accomplish the
activity described in subparagraph (D), (E), or (F) for which
the alien was granted parole; or
``(II) 1 year.
``(ii) Grants of parole pursuant to subparagraph (A) may be
extended once, in the discretion of the Secretary, for an
additional period that is the shorter of--
``(I) the period that is necessary to accomplish the
activity described in subparagraph (E) or (F) for which the
alien was granted parole; or
``(II) 1 year.
``(iii) Aliens who have a pending application to adjust
status to permanent residence under section 245 may request
extensions of parole under this paragraph, in 1-year
increments, until the application for adjustment has been
adjudicated. Such parole shall terminate immediately upon the
denial of such adjustment application.
``(L) Not later than 90 days after the last day of each
fiscal year, the Secretary of Homeland Security shall submit
to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives
and make available to the public, a report--
``(i) identifying the total number of aliens paroled into
the United States under this paragraph during the previous
fiscal year; and
``(ii) containing information and data regarding all aliens
paroled during such fiscal year, including--
``(I) the duration of parole;
``(II) the type of parole; and
``(III) the current status of the aliens so paroled.''.
SEC. 702. IMPLEMENTATION.
(a) In General.--Except as provided in subsection (b), this
title and the amendments made by this title shall take effect
on the date that is 30 days after the date of the enactment
of this Act.
(b) Exceptions.--Notwithstanding subsection (a), each of
the following exceptions apply:
(1) Any application for parole or advance parole filed by
an alien before the date of the enactment of this Act shall
be adjudicated under the law that was in effect on the date
on which the application was properly filed and any approved
advance parole shall remain valid under the law that was in
effect on the date on which the advance parole was approved.
(2) Section 212(d)(5)(J) of the Immigration and Nationality
Act, as added by section 701 of this title, shall take effect
on the date of the enactment of this Act.
(3) Aliens who were paroled into the United States pursuant
to section 212(d)(5)(A) of the Immigration and Nationality
Act (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 Government to lawfully apply the provisions of this
title or the amendments made by this title shall have
standing to bring a civil action against the Federal
Government in an appropriate district court of the United
States for appropriate relief.
SEC. 704. SEVERABILITY.
If any provision of this title or any amendment by this
title, or the application of such provision or amendment to
any person or circumstance, is held to be unconstitutional,
the remainder of this title and the application of such
provision or amendment to any other person or circumstance
shall not be affected.
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) Co-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) Fiscal commission.--The term ``Fiscal Commission''
means the commission established under section 803(a).
(3) Fiscal commission bill.--The term ``Fiscal Commission
bill'' means a bill consisting solely of legislative language
that the Fiscal Commission approves and submits under clauses
(i) and (v), respectively, of section 803(a)(2)(B).
(4) Outside expert.--The term ``outside expert'' is an
individual who is not an elected official or an officer or
employee of the Federal Government or of any State.
SEC. 803. ESTABLISHMENT OF FISCAL COMMISSION.
(a) Establishment of Fiscal Commission.--
(1) Establishment.--No later than 60 days after the date of
enactment of this Act, there is established in Congress a
Fiscal Commission.
(2) Duties.--
(A) Improve fiscal situation.--
(i) In 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) Requirements.--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 beginning on the
date the Fiscal Commission is established; and
(II) propose recommendations that meaningfully improve the
long-term fiscal outlook, including changes to address the
growth of direct spending and the gap between the projected
revenues and expenditures of the Federal Government.
(iii) Recommendations of committees.--Not later than 60
days after the date described 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
described in clause (ii).
(B) Report, recommendations, and legislative language.--
(i) In general.--Notwithstanding paragraph (4)(D)(ii)(II),
not earlier than November 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 statement of the
findings, conclusions, and recommendations of the Fiscal
Commission described in subparagraph (A)(i) and the estimate
of the Congressional Budget Office required 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 economic and
budgetary effects of the recommendations.
(ii) Approval of report and legislative language.--A report
and legislative language of the Fiscal Commission under
clause (i) shall require the approval of a majority of the
members of the Fiscal Commission, provided 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) Additional views.--
(I) In 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
Commission vote on the approval of the report and legislative
language of the Fiscal Commission under clause (i) shall be
entitled to 3 days to file those views in writing with the
staff director of the Fiscal Commission.
(II) Inclusion 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 without
such views.
(iv) Report and legislative language to be made public.--
Upon the approval or disapproval 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 language, and a record of the vote on
the report and legislative language available to the public.
(v) Submission of report and legislative language.--If a
report and legislative language are approved by the Fiscal
Commission under clause (i), not later than 3 days after the
date on which the report and legislative language are made
available to the public under clause (iv), the Fiscal
Commission shall submit the report and legislative language
to the President, the Vice President, the Speaker of the
House of Representatives, and the majority and minority
leaders of each House of Congress.
(3) Membership.--
(A) In 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 subcommittees of subject matter jurisdiction,
if applicable.
(B) Appointment.--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 Members of the Senate, and 1
outside expert, who shall serve as members of the Fiscal
Commission;
(ii) the minority leader of the Senate shall appoint 3
individuals from among the Members of the Senate, and 1
outside expert who shall serve as members of the Fiscal
Commission;
(iii) the Speaker of the House of Representatives shall
appoint 3 individuals from
[[Page H4888]]
among the Members of the House of Representatives, 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 Commission.
(C) Co-chairs.--
(i) In 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 individual from among the members of the
Fiscal 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 individual from among the members
of the Fiscal Commission who shall serve as a co-chair of the
Fiscal Commission.
(ii) Staff director.--With respect to the Fiscal
Commission, the co-chairs of the Fiscal Commission, acting
jointly, shall hire the staff director of the Fiscal
Commission.
(D) Period of appointment.--
(i) In general.--The members of the Fiscal Commission shall
be appointed for the life of the Fiscal Commission.
(ii) Vacancy.--
(I) In 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 manner as the original
appointment was made.
(II) Ineligible members.--If a member of the Fiscal
Commission who was appointed as a Member of the Senate or the
House Representatives ceases to be a Member of the Senate or
the House of Representatives, as applicable--
(aa) the member shall no longer be a member of the Fiscal
Commission; and
(bb) a vacancy in the Fiscal Commission exists.
(4) Administration.--
(A) In general.--With respect to the Fiscal Commission, to
enable the Fiscal Commission 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 Fiscal Commission approved by the
co-chairs of the Fiscal Commission, subject to the rules and
regulations of the Senate.
(B) Expenses.--With respect to the Fiscal Commission, in
carrying out the functions of the Fiscal Commission, the
Fiscal Commission is authorized to incur expenses in the same
manner and under the same conditions as the Joint Economic
Committee is authorized under section 11(d) of the Employment
Act of 1946 (15 U.S.C. 1024(d)).
(C) Quorum.--With respect to the Fiscal Commission, 9
members of the Fiscal Commission shall constitute a quorum
for purposes of voting, meeting, and holding hearings.
(D) Voting.--
(i) Proxy voting.--No proxy voting shall be allowed on
behalf of any member of the Fiscal Commission.
(ii) Congressional budget office estimates.--
(I) In general.--The Director of the Congressional 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 fiscal outlook.
(II) Limitation.--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 information 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) Meetings.--
(i) Initial meeting.--Not later than 45 days after the date
described in paragraph (1), the Fiscal Commission shall hold
the first meeting of the Fiscal Commission.
(ii) Agenda.--For each meeting of the Fiscal 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) Hearings.--
(i) In general.--The Fiscal Commission may, for the purpose
of carrying out this section, hold such hearings, sit and act
at such times and places, require attendance of witnesses and
production of books, papers, and documents, take such
testimony, receive such evidence, and administer such oaths
as the Fiscal Commission considers advisable.
(ii) Hearing procedures and responsibilities of co-
chairs.--
(I) Announcement.--The co-chairs of the Fiscal Commission
shall make a public announcement of the date, place, time,
and subject matter of any hearing to be conducted 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 earlier date.
(II) Written statement.--A witness appearing before the
Fiscal Commission shall file a written statement of the
proposed testimony of the witness not later than 2 days
before the date of the appearance of the witness, unless the
co-chairs of the Fiscal Commission--
(aa) determine that there is good cause for the witness to
not file the written statement; and
(bb) waive the requirement that the witness file the
written statement.
(G) Technical assistance.--Upon written request of the co-
chairs of the Fiscal Commission, the head of a Federal agency
shall provide technical assistance to the Fiscal Commission
in order for the Fiscal Commission to carry out the duties of
the Fiscal Commission.
(H) Outside Expert.--Any outside expert appointed to the
Fiscal Commission--
(i) shall not be considered to be a Federal employee for
any purpose by reason of service on the Fiscal Commission;
and
(ii) shall be allowed travel expenses, including 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) Staff of Fiscal Commission.--
(1) In general.--The co-chairs of the Fiscal Commission may
jointly appoint and fix the compensation of staff of the
Fiscal Commission as the co-chairs determine necessary, in
accordance with the guidelines, rules, and requirements
relating to employees of the Senate.
(2) Ethical standards.--
(A) Senate.--Members appointed by Members of the Senate who
serve on the Fiscal Commission and staff of the Fiscal
Commission shall adhere to the ethics rules of the Senate.
(B) House of representatives.--Members appointed by Members
of the House of Representatives who serve on the Fiscal
Commission shall be governed by the ethics rules and
requirements of the House of Representatives.
(c) Termination.--The Fiscal Commission shall terminate on
the date that is 30 days after the date the Fiscal Commission
submits the report under subsection (a)(2)(B)(v).
SEC. 804. EXPEDITED CONSIDERATION OF FISCAL COMMISSION
BILLS.
(a) Qualifying Legislation.--Only a Fiscal Commission bill
shall be entitled to expedited consideration under this
section.
(b) Consideration in the House of Representatives.--
(1) Introduction.--If the Fiscal Commission approves and
submits legislative language under clauses (i) and (v),
respectively, of section 803(a)(2)(B), the Fiscal Commission
bill consisting solely of that legislative language 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 Representatives, 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 introduced under
subparagraph (A), by any Member of the House of
Representatives on any legislative day beginning on the
legislative day after the legislative day described in
subparagraph (A).
(2) Referral and reporting.--Any committee 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
Commission bill was so referred. If any committee of the
House of Representatives to which a Fiscal Commission bill is
referred fails to report the Fiscal Commission bill within
that period, that committee shall be automatically discharged
from consideration of the Fiscal Commission bill, and the
Fiscal Commission bill shall be placed on the appropriate
calendar.
(3) Proceeding to consideration.--After the last committee
authorized to consider a Fiscal Commission bill reports it to
the House of Representatives or has been discharged from its
consideration, it shall be in order to move to proceed to
consider the Fiscal Commission bill in the House of
Representatives. 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 intervening motion.
(4) Consideration.--The Fiscal Commission bill shall be
considered as read. All points of order against the Fiscal
Commission bill and against its consideration are waived. The
previous question shall be considered as ordered on the
Fiscal Commission bill to its passage without intervening
motion except 2 hours of debate equally divided and
controlled by the proponent and an opponent.
(5) Vote 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
Representatives.
(c) Expedited Procedure in the Senate.--
(1) Introduction 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
[[Page H4889]]
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; or
(B) if the Fiscal Commission bill is not introduced 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) Committee consideration.--A Fiscal Commission bill
introduced in the Senate under paragraph (1) shall be jointly
referred to the committee or committees of jurisdiction,
which committees shall report the Fiscal 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
Commission bill was so referred. If any committee to which a
Fiscal Commission bill is referred fails to report the Fiscal
Commission bill within that period, that committee shall be
automatically discharged from consideration of the Fiscal
Commission bill, and the Fiscal Commission bill shall be
placed on the appropriate calendar.
(3) Proceeding.--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 committees 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
debatable. The motion is not subject to a motion to postpone.
A motion to reconsider the vote by which the motion is agreed
to or disagreed 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) No amendments.--An amendment to a Fiscal Commission
bill, or a motion to postpone, or a motion to proceed to the
consideration of other business, or a motion to recommit the
Fiscal Commission bill, is not in order.
(5) Rulings of the chair on procedure.--Appeals from the
decisions of the Chair relating 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) Amendment.--A Fiscal Commission bill shall not be
subject to amendment in either the Senate or the House of
Representatives.
(e) Consideration by the Other House.--
(1) In general.--If, before passing a Fiscal Commission
bill, a House receives from the other House a Fiscal
Commission bill consisting 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) Revenue measures.--This subsection shall not apply to
the House of Representatives if a Fiscal Commission bill
received from the Senate is a revenue measure.
(f) Rules To Coordinate Action With Other House.--
(1) Treatment 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 consisting of legislative language approved
by the same Fiscal Commission as the Fiscal Commission bill
in the Senate shall be entitled to expedited floor procedures
under this section.
(2) Treatment of companion measures in the senate.--If,
following passage of a Fiscal Commission bill in the Senate,
the Senate then receives from the House of Representatives a
Fiscal Commission bill approved 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) Vetoes.--If the President vetoes a Fiscal 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 minority 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 Representatives, respectively, and, as such,
the provisions--
(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 constitutional 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 divided and controlled by the chair and ranking minority member
of the Committee on Appropriations or their respective designees.
The gentleman from Florida (Mr. Diaz-Balart) and the gentlewoman from
Connecticut (Ms. DeLauro) 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
Members may have 5 legislative days in which to revise and extend their
remarks and include extraneous material on the measure under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
Mr. DIAZ-BALART. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I am proud to speak on the Spending Reduction and Border
Security 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 Government. This bill, Mr. Speaker, will provide funding to
keep our government 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
appropriations bills, which constitute the majority of funding for our
government. 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 something 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 administration has gone on a crazy, irresponsible
spending binge with money that we do not have to spend, money that is
borrowed mostly from Communist China. It is time. It is time. It is
time that we slow this out-of-control, unsustainable spending to a
level that is sustainable.
Yesterday, Mr. Speaker, I was proud that the House of Representatives
passed the State and Foreign Operations appropriations bill, one that I
was pleased and honored to lead that cut wasteful spending while making
crucial investments in our national security, all while the total cost
of that bill passed last night is way below fiscal 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 defense, veterans, homeland security, and disaster relief. It is a
very important start and well overdue to fund our priorities, the
American people's priorities, 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
administration has failed to even do the bare minimum to secure our
border. As I have
[[Page H4890]]
said before, Mr. Speaker, the irresponsible attitude of the Biden
administration when it comes to the southern border is beyond
negligence and incompetence. It also has fatal consequences.
In just the last few days, we have seen a surge at the border with an
average 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 control. Actually, no, let me
correct myself 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 border. That is who the administration has ceded
control of the southern border to. This crisis is only going to
continue to get worse and worse unless we act.
{time} 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 immigration 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 government while giving us
an opportunity to continue negotiations on the appropriations bills.
Mr. Speaker, I urge my colleagues to do the responsible thing.
Support this bill so that we can send it to the Senate 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 colleagues to do the right thing and
vote ``yes'' on this bill, and I reserve the balance of my time.
Ms. DeLAURO. 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 Government only continues the majority's inability and
unwillingness to govern responsibly.
I would argue that you cannot call it a conservative resolution,
either. There is nothing conservative about the indiscriminate
destruction of public investments 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 government 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 nobody wants a shutdown, and there are others who tell us
they think a shutdown 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 recovering from
natural disasters out to dry, and undercut allies with a $1 billion 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 living 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 education and making it harder for parents to
work.
In an unprecedented move, the House Republican bill cuts the Low-
Income Home Energy Assistance Program, LIHEAP, funding by roughly 74
percent. 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
Safety and Inspection Service by 30 percent. Without adequate
inspection staff in our meat and poultry plants, these plants will be
required to close or reduce their hours. It hurts workers' paychecks,
reduces the meat and poultry supply, raises the cost of food for
American families, and risks the consumption of contaminated food.
With the cuts in this bill, 400,000 fewer small businesses would be
assisted by the Small Business Administration's entrepreneurial
development programs. This would have a significant 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 fiscal year will require
bipartisan cooperation. 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,
tomorrow, 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 resolution 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 Saturday 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 voting to shut
it down.
Mr. Speaker, I yield 2 minutes to the gentleman from Arkansas (Mr.
Westerman), the distinguished chairman of the Committee on Natural
Resources.
Mr. WESTERMAN. Mr. Speaker, we have all heard that life is about
making choices. Serving in Congress requires 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 priorities. House Republicans have
made it clear that cutting spending, securing the border, and keeping
the government open while we finish the yearlong spending bills are our
priorities.
It is no secret, based on previous actions, that my friends across
the aisle prioritize out-of-control spending and an open border. I
anticipate their priorities 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 illegal immigrants, including more than 150 on
the terrorist watch list, have poured over our southern border and into
our communities. This immigration crisis is so bad that the Biden
administration 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
[[Page H4891]]
avoid a government shutdown, secure our borders, and keep us on track
to restore fiscal sanity. Let me be clear that a vote against this bill
is a vote to continue down the path of out-of-control spending, to keep
our borders open, and to shut down the government.
Mr. Speaker, I have made my choice to vote ``yes,'' and I encourage
others to do the same.
Ms. DeLAURO. Mr. Speaker, I will just take a second to tell the
gentleman from Arkansas that, with this bill, you will cut 1,460
teachers from your district and almost 46,000 households will have
their low-income energy assistance benefits terminated.
Mr. Speaker, I yield 2 minutes to the gentlewoman from Florida (Ms.
Wasserman Schultz), the distinguished ranking member of the Military
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
continue current funding like we have historically done in continuing
resolutions. 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
immigration problems. Instead of giving migrants 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
everyone, from seniors and servicemembers to this Nation's most
vulnerable and its very security. It snarls small-business loans and
trade, delays home loans, and could force Federal contractors 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 passport processing slows down.
Worse, it actually makes our military 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 Social Security field offices,
which this CR does, and takes food from the mouths of children, why
won't Republicans join Democrats to bolster education, healthcare, and
climate investments like Americans want? Why? Because 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, excites
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. Arrington), the chairman of the Committee on the Budget.
Mr. ARRINGTON. Mr. Speaker, policies have consequences. Over the last
2 years, we have seen a string of self-inflicted crises because of the
policies of my Democratic colleagues and this President.
Let me give you examples: $11 trillion 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 failure 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 flooded 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 government 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 spending. 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 Washington spending.
Mr. Speaker, I rise in support of the Republican funding bill, and I
ask my colleagues to do the same.
{time} 1230
Ms. DeLAURO. 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
energy 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 advantage 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.
Ramirez).
Mrs. RAMIREZ. Mr. Speaker, I thank the ranking member for yielding.
Mr. Speaker, I cannot believe that I am standing here again having to
remind my colleagues that we are a nation of immigrants. I am going to
come to this podium each time my Republican colleagues have amnesia
about where their families came from or try to scapegoat the immigrant
community.
Introducing a continuing resolution that cuts services and deports
unaccompanied children, ending asylum, and jailing families betrays a
truth about my colleagues.
They are more willing to scapegoat and sacrifice the well-being of
immigrants, 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 leadership.
It is hypocritical to target immigrants 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 Nation has been
built on, and let's stop indulging the cowardice of my colleagues.
For this reason, Mr. Speaker, at the appropriate time I will offer a
motion to recommit this bill back to committee. 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 consent to include the text of my
amendment in the Record immediately prior to the vote on the motion to
recommit.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman 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 humane. 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.
[[Page H4892]]
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. Jordan), 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
government. 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. Diaz-Balart 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 Republicans talking about securing the border, 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. Reasonable cuts in spending to
deal with the huge deficit we have, but most importantly it addresses
the most pressing issue we have.
The most pressing issue in the country today is the border situation.
Everyone in the country knows it, it seems, except Democrats in the
United States Congress.
Mr. Speaker, I urge a ``yes'' vote.
Ms. DeLAURO. 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
assistance 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.
Jackson Lee).
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 Nation on the passing of Senator Feinstein.
Mr. Speaker, this is a serious moment in history. This is a serious
moment for patriots and persons courageous 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 forward a reasoned extension,
keeping the funding as it is, making sure our military is being paid,
not cutting off women and children from supplemental nutrition--these
are infants we are talking about--and taking care of communities, 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 officers.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Ms. DeLAURO. Mr. Speaker, I yield an additional 30 seconds to the
gentlewoman 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
temperature down, pass the Senate CR, open the doors, and stop these
draconian cuts because you are hurting the American people and my
fellow Houstonians.
Mr. Speaker, I rise to speak in opposition to H.R. 5525 Continuing
Appropriations and Border Security Enhancement Act, 2024.
The reckless funding proposal included in this bill would painfully
impact the lives of millions 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 introducing unpopular and dangerous funding bills that cut
virtually all non-defense discretionary funding by 8 percent than
working on a bipartisan solution that could be enacted.
The Republican funding bill is a short-term radical solution and
would only keep the government 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 Institutes 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 approximately 100,000 children would
lose access to Head Start, undermining early education for children in
low-income communities and parents' ability to go to work.
Failing to support communities recovering from natural disasters. In
the midst of hurricane 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 Disaster Relief
Funds to address existing shortfalls 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 disruption and
chaos at the border, harm our economy, empower transnational criminal
organizations, endanger communities, and put our agents' and officers'
lives at risk.
Neglecting our water infrastructure by cutting funds to the Army
Corps of Engineers. House Republicans are cutting funds to the Army
Corps of Engineers Construction activities by 21 percent. With $444
million slashed from the Corps of Engineers' Construction activities,
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 Service (FSIS) by 11 percent (or $124 million).
Turning their backs on America's small businesses. The Small Business
Administration (SBA), Entrepreneurial Development Programs would be cut
by 8.1 percent. This means approximately 107,000 fewer small businesses
would be assisted. This would have a significant impact on underserved
communities such as Veterans, Women, and Native American entrepreneurs.
Slashing resources for the 988 Suicide & Crisis Lifeline and Opioid
Use Disorder treatment. 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
disorder treatment, denying them a potentially life-saving path to
recovery.
Mr. Speaker, their unrealistic proposals almost guarantee that our
government will shut down tomorrow at midnight.
[[Page H4893]]
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 airports 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 Program 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 Administration (FDA) would be sidelined,
risking interruptions and delays to the 892 food safety, pharmaceutical
manufacturing, and other inspections 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 Assistance 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 unable to fully access parks, monuments, and museums.
State governments would be forced to pay for federal services like
the Temporary Assistance for Needy Families (TANF) program, potentially
risking benefits for the 20,846 TANF beneficiaries in Texas.
Mr. Speaker, I urge all my colleagues to oppose H.R. 5525 as its
passage would be detrimental to lives of millions of Americans.
Mr. DIAZ-BALART. Mr. Speaker, I will remind everyone what we are
talking about today.
This keeps the government open. It secures the border, and it,
frankly, reduces wasteful spending. That is what we are dealing with
here.
Mr. Speaker, I yield 2 minutes to the gentleman from Texas (Mr. Roy).
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 return funding of
the Federal bureaucracy 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 Independence 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
Congress because Congress didn't exist.
The fact is that no matter what happens heading into this weekend,
whatever the result, there are 50 State governments that are continuing
to operate. There are 3,000 counties, county governments operating.
There are 20,000 city and municipalities with governments 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
American 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,
destroying 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 legislation.
Ms. DeLAURO. 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 benefits. 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.
Espaillat), the distinguished ranking member of the Legislative Branch
Subcommittee.
Mr. ESPAILLAT. Mr. Speaker, I rise in strong opposition to H.R. 5525,
the so-called spending reduction and border security act.
You want border security, Mr. Speaker, 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 contribute to our economy.
This is a reprehensible and irascible spending bill that slashes
critical resources from working-class families.
House Republicans are defunding law enforcement. The so-called party
of public safety is now defunding law enforcement. So if something is
happening in your district or your neighborhood 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 closing. 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 children's mouths, and the mouths of
families, impacting Title 1 schools with poverty levels--never seen
before poverty 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?
{time} 1245
This is a way to hurt families--working-class families, middle-class
families--that depend on these vital programs, 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. Donalds), a friend and neighbor of my district.
Mr. DONALDS. Mr. Speaker, $2 trillion deficit, $33 trillion in debt,
and Washington just wants to continue to grow.
Mr. Speaker, 20 percent inflation year over year is crippling every
family in our country, and 8 percent mortgage 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 government back to pre-COVID spending
levels 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 more
money while the problems persisted.
They are building shelters in parks in New York City to house
migrants, and congressional Democrats say there is
[[Page H4894]]
no issue at the border even though everybody sees the problems that
exist.
This is the time to secure the border of our Nation and to cut
wasteless spending in our government. If we are going to have a society
and a government worthy of the people that we serve, Washington has to
do something that Washington never seems to want to do: restrain
itself.
We have a fundamental obligation to secure this Nation and to secure
the people that we all serve.
Coming out here talking about what is going to happen with WIC is not
going to solve the problem. Talking about the fiscal health of this
Nation is going to solve the problem.
Our national debt has been downgraded twice now. The Democrats want
to spend more money. Support this measure.
Ms. DeLAURO. Mr. Speaker, to both of the gentlemen from Florida,
8,500 teachers, gone. Think about the kids who are going to school and
there is no teacher for them. Think about folks who need to heat or
cool their homes. We are looking at 36,000 households that will be
without those benefits.
Do they really care about those folks? Probably not.
As a Democrat, I took the lead on the infant formula crisis--I don't
know where my colleague was during that crisis--and called to attention
a company that knowingly sold tainted product and wound up killing
three or four people. I don't know where he was during that. I know
where I was, and I know where the administration was.
Mr. Speaker, I yield 2 minutes to the gentleman from Mississippi (Mr.
Thompson), the distinguished ranking member of the Homeland Security
Committee.
Mr. THOMPSON of Mississippi. Mr. Speaker, I thank the gentlewoman
from Connecticut for yielding.
I rise today in strong opposition to H.R. 5525, a bill more designed
to appease the extreme MAGA wing of the Republican Party than to stave
off a government shutdown.
With just hours remaining before our Nation is thrust into an
unnecessary shutdown, the House is being forced to waste time on a
measure that would impose draconian cuts to vital Federal programs and
compel the enactment of H.R. 2, the child deportation act.
When we considered H.R. 2 in May, I called it a cruel, extreme,
unworkable immigration and border security measure.
Time has not been kind to the bill.
It still would wreck our economy, cripple our ports of entry, destroy
the asylum system, criminalize visa overstays, force unaccompanied
children into dangerous situations, jail families and children
indefinitely, and on top of all that, worsen conditions at the border.
The child deportation act would upend CBP's ability to process
migrants at ports of entry and bar funding to humanitarian
organizations that provide shelter, transportation, and legal
assistance to children and families fleeing horrific conditions.
Moreover, it does nothing to stem the deadly flow of fentanyl into
the United States.
The Senate will not take up H.R. 5525, and it will never go to the
President's desk. The House must come together today and stop coddling
extreme MAGA members looking to get former President Trump's failed
illegal and immoral policies enacted into law. I urge my colleagues to
join me in defeating H.R. 5525 and call upon the Speaker to have the
House consider the Senate's bipartisan continuing resolution.
Mr. DIAZ-BALART. Mr. Speaker, I yield 2 minutes to the gentleman from
Arizona (Mr. Ciscomani), a Member whose life story symbolizes what the
American Dream is all about, and a member of the Appropriations
Committee.
Mr. CISCOMANI. Mr. Speaker, I thank my friend for yielding. We are
living in a border crisis, the worst one that we have ever seen. The
numbers show what used to be bi-annual numbers are now monthly and even
weekly numbers. There is no denying where we are.
The Tucson sector, which is where I live, has seen the worst of this,
Mr. Speaker. We are at home seeing street releases now, just last week
allowing 11,000 apprehensions and during this month about 40,000. These
are, again, annual numbers in the past, and now they are what we
consider almost on a weekly basis.
Now, I live in a county that is on the border, and we are seeing it
firsthand. I know exactly how life is there. As Mario Diaz-Balart, my
good friend from Florida mentioned, I am an immigrant myself. I know
the journey. I became a U.S. citizen in 2006 and became a U.S.
Congressman in 2022, 16 years later.
I know this country is the country of opportunity. I get why people
want to come here. However, this administration has allowed the cartels
to run amuck and handle the border and abuse people as they are trying
to do so.
Our local communities are suffering because of that. They are the
ones carrying the burden. We have cries from help from both sides of
the aisle. I hear from mayors that are Democrats, mayors that are
Republicans. It doesn't matter the party, they are all being impacted
the same way.
This administration has not prioritized this crisis.
I will tell you, living on the border I understand what I call the
three buckets. We can talk about immigration, we can talk about trade
and commerce, and we can talk about security, and all three are
suffering right now because of the lack of attention on this issue.
It is also a humanitarian problem when this administration has lost
track of 85,000 minors. This is nothing short of a humanitarian crisis,
as well. Not even that will make the President wake up to this.
This is the worst time to be on the verge of a shutdown in less than
48 hours. We cannot shut down. We have to do what we can to protect our
border and keep our government funded.
Mr. DIAZ-BALART. Mr. Speaker, may I inquire how much time is
remaining.
The SPEAKER pro tempore. The gentleman from Florida has 10 minutes
remaining. The gentlewoman from Connecticut has 10\1/2\ minutes
remaining.
Mr. DIAZ-BALART. Mr. Speaker, I reserve the balance of my time.
Ms. DeLAURO. Mr. Speaker, I remind the gentleman from Arizona that
there will be 63,000 households in Arizona that will be without the
low-income energy assistance benefits. These are not just numbers.
These are people, and we are making their lives more difficult at a
time when there is serious inflation and when there is, in fact, a high
cost of living.
My colleagues on the other side of the aisle are only adding and
increasing to that high cost of living.
I might also remind the gentleman from Arizona that we are looking at
about 2,800 teachers.
Now, again, these are not just numbers. Children go to school. If
there is no teacher to teach them, what is the result? What happens to
parents when they find out that their child's teacher is gone? If there
was a teaching shortage before, this will make it even worse. That is
the result of the cuts that my colleagues on the other side of the
aisle want to make. It is there. It is in black and white. You can't
make up the numbers.
Mr. Speaker, I yield 2 minutes to the gentlewoman from Michigan (Ms.
Tlaib).
Ms. TLAIB. Mr. Speaker, there are human beings behind every single
number that we talk about. Folks want to debate policy and different
kinds of extremist agenda items when they are in charge. They can have
committee hearings and deal with it separately, but right now we are
literally hours away from direct impact on children and families and
even the Federal workers, many of whom are living paycheck-to-paycheck.
A government shutdown will harm the American people. That should be
at the center of the urgency that needs to be met in this Chamber as we
move forward.
I know in Michigan I am going to see 207,000 women and children lose
the WIC program that provides nutrition assistance, and literally
120,000 of them are children.
I still remember, Mr. Speaker, in 2019 there was a shutdown for 35
days. Colleagues were wondering why the Federal workers were in food
bank lines. Why can't they get loans, one of them said. What are you
talking about? These are Federal workers who are living--like a
majority of Americans--paycheck-to-paycheck, and you are expecting them
to pay their rent, get
[[Page H4895]]
food on the table, all the utilities which continue to go up, but let's
go ahead and cut LIHEAP by 75 percent.
Republicans' priorities in this Chamber are clear: starve, evict
families living in poverty, and cut people from essential services.
They don't care. You don't care because they are going to continue to
get paid. You all are going to continue to get paid while your
residents are being impacted. If I hear you lying one more time to the
American people and saying that Federal employees are going to get
paid, they are not. They are going to be forced to work with no pay,
especially those on military bases, especially those that, again, are
on the front lines that cannot just sit at home while you all fight
amongst each other.
It is time for Republicans to stop playing these games with the
American people's lives. They know this is an extremist bill; many of
them know. It is not going to go anywhere.
The American people, Mr. Speaker, deserve better.
The SPEAKER pro tempore. Members are reminded to direct their remarks
to the Chair.
Mr. DIAZ-BALART. Mr. Speaker, I yield 1 minute to the gentleman from
Texas (Mr. Pfluger).
Mr. PFLUGER. Mr. Speaker, I rise in strong support of House
Republicans' plan to cut spending to keep government open and to shut
down the border. The President has failed Americans. He has failed
Texans. He has failed us by not securing our border.
Mr. Speaker, 7\1/2\ million illegal immigrants, 150 people just this
year who matched the terror watch list, 13,000 criminals, 100,000-plus
fentanyl poisoning deaths is unacceptable. Enough is enough.
This plan, which would also include H.R. 2, the most secure border
act in decades, puts the President on notice.
Now is the time.
This is the most important border security vote in 20 years. This
vote right here not only cuts spending, but it shuts down the border
and the disaster, the chaos, and the unacceptable level of death that
our President has caused.
This bill deserves our attention. I urge my colleagues to cut the
spending, to keep the government open, and to shut down the border.
Ms. DeLAURO. Mr. Speaker, I remind the gentleman from Texas that the
eyes of the people of Texas are upon you when you are thinking about
really 77,000 seniors and kids without any benefits from the low-income
energy assistance program and also 14,000 teachers will be gone from
Texas schools.
Mr. Speaker, I yield 1\1/2\ minutes to the gentlewoman from New York
(Ms. Clarke).
{time} 1300
Ms. DeLAURO. Mr. Speaker, I yield 1\1/2\ minutes to the gentlewoman
from New York (Ms. Clarke).
Ms. CLARKE of New York. Mr. Speaker, I rise on this day in opposition
to the continuing resolution, which includes the Republican extreme and
restrictive immigration and border security legislation, H.R. 2.
This cruel legislation would force draconian restrictions and
punishments on migrants and asylum seekers and set America's
immigration priorities back decades. This bill would damage the asylum
system, a process millions upon millions of vulnerable and desperate
people and families have long depended on for their safety and future.
Instead of putting forth legislation that can pass the Senate and
avert a government shutdown, extreme Republicans would rather hold the
economy and border security hostage, throwing millions of lives into a
tailspin.
Let's be clear. Any bill that would allow vulnerable migrant children
to be inhumanely detained by Border Patrol for up to a month, to be
ripped from their families and locked up from the world, is
unacceptable. It is fundamentally un-American.
To treat innocent people who are looking for a better life in our
Nation with such contempt, such vitriol, such callousness, while also
making American families vulnerable in putting food on their tables,
that is not leadership. It is called cowardice.
Every American, no matter how long their families have called this
country their own, should be outraged at the GOP embracing the Trump
administration's failed and immoral border policies to keep the
government open.
Mr. DIAZ-BALART. Mr. Speaker, I yield 2 minutes to the gentleman from
South Dakota (Mr. Johnson), an author of this bill.
Mr. JOHNSON of South Dakota. Mr. Speaker, so often around here, we
vote on half measures, narrow bills that, at best, address one issue in
only a modest way. This is not that bill. This is an opportunity in one
vote to shut the border, to keep the government open, and to reduce
spending.
The five conservative leaders who, with me, crafted this proposal
knew that bold action was needed.
Crisis one: We are $33 trillion in debt. That is pushing us toward
insolvency. That number has grown by 50 percent in just the last 4
years. This bill puts us back on the right track and cuts billions of
spending, even just in the next month.
Two, a shutdown accomplishes nothing. It does not save a nickel. In
fact, it costs the American taxpayers billions. This stopgap funding
measure makes sure our government stays open.
Three, 1.8 million illegal crossings at our southern border is
unacceptable. This bill puts into place the policies that we know work
to secure our border.
Mr. Speaker, I will admit to not understanding fully those who oppose
this bill. I do not understand why anyone would choose open borders
over an open government.
Mr. Speaker, we are here to solve problems. Chaos is not a
legislative strategy. In a few moments, I will vote to keep the
government open, to cut spending, and to secure our border. I urge my
colleagues to do the same.
Ms. DeLAURO. Mr. Speaker, I yield myself such time as I may consume.
It is almost laughable to think about chaos. I think the majority has
demonstrated overwhelmingly in the last several days, the last several
months, an unwillingness to govern, an inability to govern, and chaos,
general chaos, here.
It is interesting. The gentleman is from South Dakota, where, last I
understood, a little bit like the Northeast, in New England, it gets
cold. It gets cold in the wintertime in South Dakota. The gentleman is
happy to see 24,000 individuals not get energy assistance, low-income
heating assistance. We may be taking up a collection of hats and coats
and gloves, et cetera, because they are not going to get their LIHEAP
benefits in a cold climate.
Mr. Speaker, I reserve the balance of my time.
Mr. DIAZ-BALART. Mr. Speaker, I yield 1 minute to the gentleman from
Wisconsin (Mr. Grothman).
Mr. GROTHMAN. Mr. Speaker, we are here today because we think the
government is going to shut down on Sunday. That is because there are
supposed to be 12 separate bills that comprise our budget that were
supposed to be passed by now. We have passed the four most important.
Unfortunately, the Senate has not passed any, so we have to move
forward from here.
We don't know what the shutdown means. I hope the press is on the
ball and pays careful attention if anything is shut down that President
Trump did not shut down a few years ago. There is a lot of flexibility
for Presidents to show if they are compassionate or not. If there is
anything shut down that President Trump didn't shut down, it is
something we have to talk about.
Let's look at the problems we have in this country right now, two big
problems. The first is what is going on at the border. We used to have
about 10,000 cross the border. We are now over 200,000. We are
addressing it. The American public is tired of paying more taxes and
spending money and seeing an open border every night.
That is one of the reasons why we have to pass the bill. The other
reason is we have to make a little bit of a dent in the out-of-control
spending.
Mr. Speaker, I urge my colleagues to vote ``yes'' on H.R. 5525.
Ms. DeLAURO. Mr. Speaker, I want to let the gentleman from Wisconsin
know that 195,000 households are beneficiaries of the LIHEAP program.
They will be jettisoned from that program. If you think it is cold in
this Chamber, head to Wisconsin and you will know how cold it is in the
wintertime. Think twice about whether or not you will vote to cut
195,000 people's benefits.
Mr. Speaker, I reserve the balance of my time.
Mr. DIAZ-BALART. Mr. Chair, I yield 1 minute to the gentleman from
Georgia (Mr. Austin Scott).
[[Page H4896]]
Mr. AUSTIN SCOTT of Georgia. Mr. Speaker, I thought I would go ahead
and respond because I know as soon as I sit down, the gentlewoman from
Connecticut is going to talk about the schoolteachers in Georgia, and
my sister is one of them. She gets her check from the county, in case
you didn't know it. It kind of bothers me that you seem to think that
they get a check from the Federal Government. They actually get paid by
the county, as do our sheriff's deputies.
How did we get here? I have heard the left talk about the chaos
caucus that we have, candidly, as Republicans and what gives them the
power. It only takes five of them to create a disruption. How do five
get the power? The five in our party get the power because the 212 of
you on the Democratic side are going to vote with them to shut down the
government.
Now, a continuing resolution is a 30-day piece of legislation that I
will admit is not perfect, but it is better than a shutdown or the
chaos that comes with a shutdown.
The idea that we as Republicans and the American citizens have to eat
a $2 trillion deficit or else you are going to shut down the government
is absolutely ridiculous.
We are not at war. We are not in a recession. We are in no health
emergency. Show a little responsibility.
The SPEAKER pro tempore (Mr. Lawler). Members are reminded to direct
their remarks to the Chair.
Ms. DeLAURO. Mr. Speaker, I reserve the balance of my time.
Mr. DIAZ-BALART. Mr. Speaker, I yield 1 minute to the gentlewoman
from New York (Ms. Malliotakis).
Ms. MALLIOTAKIS. Mr. Speaker, I hope the American people are
listening right now. The Democrats would rather shut down the
government than end an unsustainable and unsafe border crisis that has
flooded our streets with fentanyl, an unsustainable flow of illegal
immigrants destroying New York City, as Mayor Adams says, and only
enriching the drug cartels.
This bill is common sense, and everyone should support it. It does
three things that the American people want. It avoids a shutdown; it
cuts excessive, wasteful spending that has led us to a $33 trillion
debt; and it secures our border. It stops an unsustainable and unsafe
crisis.
Mr. Speaker, I urge my colleagues to put taxpaying, hardworking
American citizens and their safety first.
I heard my colleague from New York City say that it was cruel that we
want to secure our borders. Do you know what is cruel? In New York City
yesterday, at one of the migrant shelters, a 7-year-old girl was
sexually abused. Do you know what is cruel? Somebody was stabbed at the
Roosevelt shelter in Manhattan. The fact is, there are dozens of crimes
being committed, and our mayor and you guys are doing nothing about it.
Mr. DIAZ-BALART. Mr. Speaker, may I inquire as to how much time is
remaining.
The SPEAKER pro tempore. The gentleman from Florida has 4\1/4\
minutes remaining. The gentlewoman from Connecticut has 3\1/2\ minutes
remaining.
Ms. DeLAURO. Mr. Speaker, I find it unbelievable that the gentlewoman
from New York would support a bill that cuts $1 billion from our ally
in the Middle East--that is, from Israel.
Mr. Speaker, I reserve the balance of my time.
Mr. DIAZ-BALART. Mr. Speaker, I yield 1 minute to the gentleman from
Arkansas (Mr. Hill).
Mr. HILL. Mr. Speaker, this is an important day. This Congress needs
to come together to go back and get our spending under control and also
get our border under control.
Both are of concern to the American people. We hear about it in our
offices every day. The spending is unsustainable, but 200,000 people a
month coming across the border and living in this country illegally is
also unsustainable.
This bill is a product of hard work for weeks to give us time to
complete our appropriations work, to negotiate with the Senate while at
the same time reducing spending, which has been an avalanche of out-of-
control spending for the last 2 years, and to secure our border.
Mr. Speaker, I stand in support of it, and I urge my colleagues to
support it.
Ms. DeLAURO. Mr. Speaker, I reserve the balance of my time.
Mr. DIAZ-BALART. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman
from New York (Mr. Molinaro).
Mr. MOLINARO. Mr. Speaker, after pouring trillions of dollars into
the American economy, after ignoring the crisis at our southern border,
after closing schools and forcing kids to learn from home, after
denying life-affirming services to young people with disabilities, we
have been lectured about how great these last 2 years have been for the
American people.
We have, in this very moment, the ability to avert a government
shutdown and, at the same time, finally take some responsibility for
reckless, wasteful Federal spending.
There is no excuse to pick the pockets of hardworking American
families who are already overburdened because of inflation, the high
cost of gas, the high cost of groceries, the inability to access or
find a job, and running up their credit cards.
We have the ability now to avert a government shutdown, control
Federal spending, and secure the border, an open border that is taking
too many American children's lives because of fentanyl and destroying
communities all across this country.
The mayor of New York is saying the President has ignored his call
and that inaction at the border is destroying the city of New York. We
have, in this very moment, the ability to avert a shutdown, respect
American taxpayers, and secure the American borders.
Ms. DeLAURO. Mr. Speaker, I yield myself the balance of my time.
What we are looking at here is a piece of legislation that makes a 30
percent cut in programs that have a serious effect on the lives of the
people in this country.
Let me just lay out some of them because these have not been talked
about so far.
The National Institutes of Health will be cut. There would be a
reduction of 7,000 research grants.
{time} 1315
I think we have people in this Chamber on both sides of the aisle who
have had a loved one with a cancer diagnosis or Alzheimer's or heart
disease, but there is a willingness to cut the National Institutes of
Health and thereby cut 7,000 research grants.
Let's take a look at our allies. We speak about Israel and Ukraine.
Israel will receive a $1 billion cut in the funds that the U.S.
provides. We talk about Israel as being our closest ally in the Middle
East.
People should understand what is in this bill. We defund--not we--my
Republican colleagues defund law enforcement, reduce drug enforcement
administration agents, Federal law enforcement officers, eliminate
hundreds of State and local law enforcement.
They talk about crime, and they talk about law and order, but there
is a willingness to cut the funds in order for us to make our
communities safe.
Social Security offices, the field offices, would be forced to close
down, reducing access to in-person services.
People applying for disability benefits will wait additional months
for the processing of claims. That is what is in store with this bill
if you support it.
Wildfire suppression efforts will be hindered, 57 percent cuts, and
we know what devastation wildfires have had all over our country. Look
at what happened in Maui.
Unbelievable that they would talk about a bill, extol a bill that has
such devastating repercussions on the people of this country.
They slashed the resources for the 988 Suicide & Crisis Lifeline.
Opioid use disorder. They are worried and talk about an opioid crisis,
but let's cut off the avenue where people can get treatment and help
and potentially save their lives.
Education. It is an abomination, what they will do to education
because they are on a march to eliminate public education in the United
States of America; that opportunity that all of our families have said:
Go to school, get an education so that you can succeed.
Rural America? Let's care about rural America, not cutting the loans
and grants for farmers and rural communities.
They will make it harder for farmers to access loans and grants,
making home farm ownership more difficult. They cut rural housing,
rural utility,
[[Page H4897]]
broadband to keep people in touch, and they eliminate health services
for rural and underserved families.
Mr. Speaker, 2 million vulnerable individuals and families will lose
access to healthcare services. They take food out of the mouths of
children, families, and seniors.
Mr. Speaker, there needs to be a ``no'' vote on this irresponsible
continuing resolution. I yield back the balance of my time.
Mr. DIAZ-BALART. Mr. Speaker, oh, so many words. Allow me, Mr.
Speaker, to cut to the chase. We have a choice right now.
Vote ``yes'' to keep the Federal Government open, to control
inflation-causing overspending, and to secure the southern border. That
is a ``yes'' vote, or vote ``no'' to shut down the Federal Government,
to keep the narco cartels in control of the southern border.
This is pretty simple. Government likes to complicate things. As
politicians, we like to try to obfuscate reality.
This is very simple. We have a choice. I ask our colleagues to do the
responsible thing; secure the border, stop out-of-control, inflation-
causing spending, and, yes, keep the government open by voting ``yes.''
Mr. Speaker, I yield back the balance of my time.
Ms. McCOLLUM. Mr. Speaker, in just over 24 hours, if we cannot come
to an honest, responsible, and bipartisan solution on a continuing
resolution to fund federal agencies. we will be forced into a
government shutdown.
Our constituents are relying on us to work together to fulfill our
constitutional responsibility to fund their government. Failing to do
so will harm this nation's children and families, our service members
and veterans, our seniors and our next generation, and all those who
depend on the services and investments our government provides.
Let me be clear: This is a completely avoidable, politically-
manufactured crisis, but it will have real consequences for the
American people.
The looming shutdown is the result of a failure to govern by the
House Republican Majority, who have allowed this body's legislative
work to be undermined by an extreme MAGA faction that controls GOP
leadership. Democrats in the House, President Biden, and a bipartisan
Senate have been working for a solution to prevent a shutdown. This
included compromising to meet Republican demands to cap spending levels
for the next two years under the Fiscal Responsibility Act, which
passed both the House and the Senate with bipartisan support and was
signed into law by President Biden less than four months ago. But that
wasn't enough for these GOP extremists.
Instead of doing the serious work of moving bipartisan bills at those
agreed upon levels, this Republican Majority has chosen chaos. They
have chosen to waste months pursuing devastating cuts to the services
the American people rely on, slashing investments in keeping people and
our planet healthy--all while loading up their appropriations bills
with toxic culture war provisions that are discriminating and harmful
to our families and our communities.
And the Continuing Resolution they have brought to the floor today is
nothing more than a continuation of their denial of the serious work
that needs to be done. It does nothing to avoid a shutdown.
Instead, Republicans are holding the American people hostage with a
demand for a 30 precent cut across the board to federal agencies.
This would result in a 74 percent cut to our federal investments in
the Low Income Home Energy Assistance Program (LIHEAP), literally
leaving families in the cold that is already settling in back home in
Minnesota.
They are proposing to cut nutrition support for Women, Infants, and
Children by 30 percent, taking away a lifeline for hungry families and
pregnant women.
They want to see investments in the health of our communities gutted:
Their bill would mean the loss of thousands of research grants to
cure Alzheimer's disease, cancers, and heart disease;
Thousands of my constituents would lose access to care at their
Community Health Centers, as would millions more rural and underserved
families nationwide;
Millions more who are struggling with opioid addiction or mental
health crises would be denied life-saving support services.
There is no end to the harm and hurt that this extreme Republican
Continuing Resolution would cause to our families, our economy, and our
communities if passed into law. But Speaker McCarthy knows that there
is no chance that this bill will become law because Democrats in the
House, a bipartisan majority of Senators, and President Biden would
never support this betrayal of our responsibilities to our fellow
Americans.
Until the House Republican Majority stops catering to the bullies in
their caucus, we cannot move forward on funding the federal government.
So I invite my colleagues on the other side of the aisle to stop the
chaos.
Join us in doing the serious work of funding our government and
meeting the needs of our constituents. With just five reasonable
Republican votes, we can force Speaker McCarthy to take up a vote on a
bipartisan solution.
America deserves better leadership than what the Chaos Caucus has to
offer.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 741, the previous question is ordered on
the bill.
The question is on the engrossment and third reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
Motion to Recommit
Mrs. RAMIREZ. Mr. Speaker, I have a motion to recommit at the desk.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Ms. Ramirez of Illinois moves to recommit the bill H.R.
5525 to the Committee on Appropriations.
The material previously referred to by Mrs. Ramirez is as follows:
Ms. Ramirez moves to recommit the bill H.R. 5525 to the
Committee on Appropriations with the following amendment:
Strike subsection (b) of section 101 of division A.
The SPEAKER pro tempore. Pursuant to clause 2(b) of rule XIX, the
previous question is ordered on the motion to recommit.
The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Mrs. RAMIREZ. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair
will reduce to 5 minutes the minimum time for any electronic vote on
the question of passage.
The vote was taken by electronic device, and there were--yeas 210,
nays 216, not voting 6, as follows:
[Roll No. 510]
YEAS--210
Adams
Aguilar
Allred
Auchincloss
Balint
Barragan
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Bowman
Boyle (PA)
Brown
Brownley
Budzinski
Caraveo
Carbajal
Cardenas
Carson
Carter (LA)
Cartwright
Casar
Case
Casten
Castor (FL)
Castro (TX)
Cherfilus-McCormick
Chu
Clark (MA)
Clarke (NY)
Cleaver
Clyburn
Cohen
Connolly
Correa
Costa
Courtney
Craig
Crockett
Crow
Cuellar
Davids (KS)
Davis (IL)
Davis (NC)
Dean (PA)
DeGette
DeLauro
DelBene
Deluzio
DeSaulnier
Dingell
Doggett
Escobar
Eshoo
Espaillat
Evans
Fletcher
Foster
Foushee
Frankel, Lois
Frost
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Garcia, Robert
Golden (ME)
Goldman (NY)
Gomez
Gonzalez, Vicente
Gottheimer
Green, Al (TX)
Grijalva
Harder (CA)
Hayes
Higgins (NY)
Himes
Horsford
Houlahan
Hoyer
Hoyle (OR)
Huffman
Ivey
Jackson (IL)
Jackson (NC)
Jackson Lee
Jacobs
Jayapal
Jeffries
Johnson (GA)
Kamlager-Dove
Kaptur
Keating
Kelly (IL)
Khanna
Kildee
Kilmer
Kim (NJ)
Krishnamoorthi
Kuster
Landsman
Larsen (WA)
Larson (CT)
Lee (CA)
Lee (NV)
Lee (PA)
Leger Fernandez
Levin
Lieu
Lofgren
Lynch
Magaziner
Manning
Matsui
McBath
McClellan
McCollum
McGarvey
McGovern
Meeks
Menendez
Meng
Mfume
Moore (WI)
Morelle
Moskowitz
Moulton
Mrvan
Mullin
Nadler
Napolitano
Neal
Neguse
Nickel
Norcross
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Pelosi
Perez
Peters
Pettersen
Phillips
Pingree
Pocan
Porter
Pressley
Quigley
Ramirez
Raskin
Ross
Ruiz
Ruppersberger
Ryan
Salinas
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Scholten
Schrier
Scott (VA)
Scott, David
Sewell
Sherman
Sherrill
Slotkin
Smith (WA)
Sorensen
Soto
Spanberger
Stansbury
Stanton
Stevens
Strickland
Swalwell
Sykes
Takano
Thanedar
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tokuda
Tonko
Torres (CA)
Torres (NY)
Trahan
Trone
Underwood
Vargas
Vasquez
Veasey
[[Page H4898]]
Velazquez
Wasserman Schultz
Waters
Watson Coleman
Wexton
Wild
Williams (GA)
Wilson (FL)
NAYS--216
Aderholt
Alford
Allen
Amodei
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bean (FL)
Bentz
Bergman
Bice
Biggs
Bilirakis
Bishop (NC)
Boebert
Bost
Brecheen
Buchanan
Buck
Bucshon
Burchett
Burgess
Burlison
Calvert
Cammack
Carey
Carl
Carter (GA)
Chavez-DeRemer
Ciscomani
Cline
Cloud
Cole
Collins
Comer
Crane
Crawford
Crenshaw
Curtis
D'Esposito
Davidson
De La Cruz
DesJarlais
Diaz-Balart
Donalds
Duarte
Duncan
Dunn (FL)
Edwards
Ellzey
Emmer
Estes
Ezell
Fallon
Feenstra
Ferguson
Finstad
Fischbach
Fitzgerald
Fitzpatrick
Fleischmann
Flood
Foxx
Franklin, C. Scott
Fry
Fulcher
Gaetz
Gallagher
Garbarino
Garcia, Mike
Gimenez
Gonzales, Tony
Good (VA)
Gooden (TX)
Gosar
Granger
Graves (LA)
Graves (MO)
Green (TN)
Greene (GA)
Griffith
Grothman
Guest
Guthrie
Hageman
Harris
Harshbarger
Hern
Higgins (LA)
Hill
Hinson
Houchin
Hudson
Huizenga
Hunt
Issa
Jackson (TX)
James
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Kean (NJ)
Kelly (MS)
Kelly (PA)
Kiggans (VA)
Kiley
Kim (CA)
Kustoff
LaHood
LaLota
Lamborn
Langworthy
Latta
LaTurner
Lawler
Lee (FL)
Lesko
Letlow
Loudermilk
Lucas
Luetkemeyer
Luttrell
Mace
Malliotakis
Mann
Massie
Mast
McCaul
McClain
McClintock
McCormick
McHenry
Meuser
Miller (IL)
Miller (OH)
Miller (WV)
Miller-Meeks
Mills
Molinaro
Moolenaar
Mooney
Moore (AL)
Moore (UT)
Moran
Murphy
Nehls
Newhouse
Norman
Nunn (IA)
Obernolte
Ogles
Owens
Palmer
Pence
Perry
Pfluger
Posey
Reschenthaler
Rodgers (WA)
Rogers (AL)
Rogers (KY)
Rose
Rosendale
Rouzer
Roy
Rutherford
Salazar
Santos
Scalise
Schweikert
Scott, Austin
Self
Sessions
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Spartz
Stauber
Steel
Stefanik
Steil
Steube
Strong
Tenney
Thompson (PA)
Tiffany
Timmons
Turner
Valadao
Van Drew
Van Duyne
Van Orden
Wagner
Walberg
Waltz
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams (NY)
Williams (TX)
Wilson (SC)
Wittman
Womack
Yakym
Zinke
NOT VOTING--6
Bush
Carter (TX)
Clyde
LaMalfa
Luna
Peltola
{time} 1339
Messrs. DUNCAN, BURCHETT, TURNER, DesJARLAIS, GREEN of Tennessee,
COLE, BUCSHON, and Mrs. RODGERS of Washington changed their vote from
``yea'' to ``nay.''
Messrs. GALLEGO and CLYBURN changed their vote from ``nay'' to
``yea.''
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Ms. DeLAURO. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. This is a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 198,
nays 232, not voting 3, as follows:
[Roll No. 511]
YEAS--198
Aderholt
Alford
Allen
Amodei
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bean (FL)
Bentz
Bergman
Bice
Bilirakis
Bost
Brecheen
Buchanan
Bucshon
Burgess
Calvert
Cammack
Carey
Carl
Carter (GA)
Chavez-DeRemer
Ciscomani
Cline
Clyde
Cole
Collins
Comer
Crawford
Crenshaw
Curtis
D'Esposito
Davidson
De La Cruz
DesJarlais
Diaz-Balart
Donalds
Duarte
Duncan
Dunn (FL)
Edwards
Ellzey
Emmer
Estes
Ezell
Fallon
Feenstra
Ferguson
Finstad
Fischbach
Fitzgerald
Fitzpatrick
Fleischmann
Flood
Foxx
Franklin, C. Scott
Fry
Fulcher
Gallagher
Garbarino
Garcia, Mike
Gimenez
Gonzales, Tony
Good (VA)
Gooden (TX)
Granger
Graves (LA)
Graves (MO)
Green (TN)
Griffith
Grothman
Guest
Guthrie
Hageman
Harris
Harshbarger
Hern
Higgins (LA)
Hill
Hinson
Houchin
Hudson
Huizenga
Issa
Jackson (TX)
James
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Kean (NJ)
Kelly (MS)
Kelly (PA)
Kiggans (VA)
Kiley
Kim (CA)
Kustoff
LaHood
LaLota
LaMalfa
Lamborn
Langworthy
Latta
LaTurner
Lawler
Lee (FL)
Lesko
Letlow
Loudermilk
Lucas
Luetkemeyer
Luttrell
Malliotakis
Mann
Massie
Mast
McCarthy
McCaul
McClain
McClintock
McCormick
McHenry
Meuser
Miller (OH)
Miller (WV)
Miller-Meeks
Molinaro
Moolenaar
Moore (UT)
Moran
Murphy
Newhouse
Norman
Nunn (IA)
Obernolte
Owens
Palmer
Pence
Perry
Pfluger
Posey
Reschenthaler
Rodgers (WA)
Rogers (AL)
Rogers (KY)
Rose
Rouzer
Roy
Rutherford
Salazar
Santos
Scalise
Schweikert
Scott, Austin
Sessions
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Spartz
Stauber
Steel
Stefanik
Steil
Steube
Strong
Tenney
Thompson (PA)
Tiffany
Timmons
Turner
Valadao
Van Drew
Van Duyne
Van Orden
Wagner
Walberg
Waltz
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams (NY)
Williams (TX)
Wilson (SC)
Wittman
Womack
Yakym
Zinke
NAYS--232
Adams
Aguilar
Allred
Auchincloss
Balint
Barragan
Beatty
Bera
Beyer
Biggs
Bishop (GA)
Bishop (NC)
Blumenauer
Blunt Rochester
Boebert
Bonamici
Bowman
Boyle (PA)
Brown
Brownley
Buck
Budzinski
Burchett
Burlison
Bush
Caraveo
Carbajal
Cardenas
Carson
Carter (LA)
Cartwright
Casar
Case
Casten
Castor (FL)
Castro (TX)
Cherfilus-McCormick
Chu
Clark (MA)
Clarke (NY)
Cleaver
Cloud
Clyburn
Cohen
Connolly
Correa
Costa
Courtney
Craig
Crane
Crockett
Crow
Cuellar
Davids (KS)
Davis (IL)
Davis (NC)
Dean (PA)
DeGette
DeLauro
DelBene
Deluzio
DeSaulnier
Dingell
Doggett
Escobar
Eshoo
Espaillat
Evans
Fletcher
Foster
Foushee
Frankel, Lois
Frost
Gaetz
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Garcia, Robert
Golden (ME)
Goldman (NY)
Gomez
Gonzalez, Vicente
Gosar
Gottheimer
Green, Al (TX)
Greene (GA)
Grijalva
Harder (CA)
Hayes
Higgins (NY)
Himes
Horsford
Houlahan
Hoyer
Hoyle (OR)
Huffman
Hunt
Ivey
Jackson (IL)
Jackson (NC)
Jackson Lee
Jacobs
Jayapal
Jeffries
Johnson (GA)
Kamlager-Dove
Kaptur
Keating
Kelly (IL)
Khanna
Kildee
Kilmer
Kim (NJ)
Krishnamoorthi
Kuster
Landsman
Larsen (WA)
Larson (CT)
Lee (CA)
Lee (NV)
Lee (PA)
Leger Fernandez
Levin
Lieu
Lofgren
Lynch
Mace
Magaziner
Manning
Matsui
McBath
McClellan
McCollum
McGarvey
McGovern
Meeks
Menendez
Meng
Mfume
Miller (IL)
Mills
Mooney
Moore (AL)
Moore (WI)
Morelle
Moskowitz
Moulton
Mrvan
Mullin
Nadler
Napolitano
Neal
Neguse
Nehls
Nickel
Norcross
Ocasio-Cortez
Ogles
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Pelosi
Perez
Peters
Pettersen
Phillips
Pingree
Pocan
Porter
Pressley
Quigley
Ramirez
Raskin
Rosendale
Ross
Ruiz
Ruppersberger
Ryan
Salinas
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Scholten
Schrier
Scott (VA)
Scott, David
Self
Sewell
Sherman
Sherrill
Slotkin
Smith (WA)
Sorensen
Soto
Spanberger
Stansbury
Stanton
Stevens
Strickland
Swalwell
Sykes
Takano
Thanedar
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tokuda
Tonko
Torres (CA)
Torres (NY)
Trahan
Trone
Underwood
Vargas
Vasquez
Veasey
Velazquez
Wasserman Schultz
Waters
Watson Coleman
Wexton
Wild
Williams (GA)
Wilson (FL)
NOT VOTING--3
Carter (TX)
Luna
Peltola
{time} 1346
So the bill was not passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________