; and (B) to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for such status. (2) Completion of background checks The security and law enforcement background checks of an alien required under paragraph (1) shall be completed, to the satisfaction of the Secretary, before the date on which the Secretary grants such alien provisional protected presence under this section. (3) Criminal records requests The Secretary, in cooperation with the Secretary of State, shall seek to obtain information about any criminal activity the alien engaged in, or for which the alien was convicted in his or her country of nationality, country of citizenship, or country of last habitual residence, from INTERPOL, EUROPOL, or any other international or national law enforcement agency of the alien’s country of nationality, country of citizenship, or country of last habitual residence. (f) Treatment of brief, casual, and innocent departures For purposes of subsection (a)(4), an alien shall not be considered to have failed to maintain continuous residence in the United States by virtue of brief, casual, and innocent absences from the United States. . (b) Clerical amendment The table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 note) is amended by inserting after the item relating to section 244 the following: Sec. 244A. Provisional protected presence. Sec. 244B. Renewable provisional protected presence. . 2. Mandatory appropriations (a) In general Notwithstanding any other provision of law, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of Homeland Security and the Attorney General, as applicable, to remain available until expended— (1) $5,700,000,000 for U.S. Customs and Border Protection for procurement, construction, and improvements