EAS13500 S.L.C. 113TH CONGRESS 1ST SESSION S. ll To provide for comprehensive immigration reform and for other purposes. IN THE SENATE OF THE UNITED STATES llllllllll Mr. SCHUMER (for himself, Mr. MCCAIN, Mr. DURBIN, Mr. GRAHAM, Mr. MENENDEZ, Mr. RUBIO, Mr. BENNET, and Mr. FLAKE) introduced the following bill; which was read twice and referred to the Committee on llllllllll A BILL To provide for comprehensive immigration reform and for other purposes. Be it enacted by the Senate and House of Representa- 1 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE.--This Act may be cited as the 4 5 ''Border Security, Economic Opportunity, and Immigra6 tion Modernization Act''. (b) TABLE 7 OF CONTENTS.--The table of contents for 8 this Act is as follows: Sec. Sec. Sec. Sec. 1. 2. 3. 4. Short title; table of contents. Statement of congressional findings. Effective date triggers. Southern Border Security Commission. EAS13500 S.L.C. 2 Sec. 5. Comprehensive Southern Border Security Strategy and Southern Border Fencing Strategy. Sec. 6. Comprehensive Immigration Reform Trust Fund. Sec. 7. Reference to the Immigration and Nationality Act. Sec. 8. Definitions. TITLE I--BORDER SECURITY Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 1101. 1102. 1103. 1104. 1105. 1106. 1107. 1108. 1109. 1110. 1111. 1112. 1113. 1114. 1115. 1116. Definitions. Additional U.S. Customs and Border Protection officers. National Guard support to secure the Southern border. Enhancement of existing border security operations. Border security on certain Federal land. Equipment and technology. Access to emergency personnel. Southwest Border region prosecution initiative. Interagency collaboration. SCAAP reauthorization. Use of force. Training for border security and immigration enforcement officers. Department of Homeland Security Border Oversight Task Force. Immigration ombudsman. Reports. Severability. TITLE II--IMMIGRANT VISAS Subtitle A--Registration and Adjustment of Registered Provisional Immigrants Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 2101. 2102. 2103. 2104. 2105. 2106. 2107. 2108. 2109. Registered provisional immigrant status. Adjustment of status of registered provisional immigrants. The DREAM Act. Additional requirements. Criminal penalty. Grant program to assist eligible applicants. Conforming amendments to the Social Security Act. Government contracting and acquisition of real property interest. Long-term legal residents of the Commonwealth of the Northern Mariana Islands. Sec. 2110. Rulemaking. Sec. 2111. Statutory construction. Subtitle B--Agricultural Worker Program Sec. 2201. Short title. Sec. 2202. Definitions. CHAPTER 1--PROGRAM FOR EARNED STATUS ADJUSTMENT AGRICULTURAL WORKERS SUBCHAPTER A--BLUE CARD STATUS Sec. Sec. Sec. Sec. 2211. 2212. 2213. 2214. Requirements for blue card status. Adjustment to permanent resident status. Use of information. Reports on blue cards. OF EAS13500 S.L.C. 3 Sec. 2215. Authorization of appropriations. SUBCHAPTER B--CORRECTION OF SOCIAL SECURITY RECORDS Sec. 2221. Correction of social security records. CHAPTER 2--NONIMMIGRANT AGRICULTURAL VISA PROGRAM Sec. Sec. Sec. Sec. 2231. 2232. 2233. 2234. Nonimmigrant classification for nonimmigrant agricultural workers. Establishment of nonimmigrant agricultural worker program. Transition of H-2A worker program. Reports to Congress on nonimmigrant agricultural workers. CHAPTER 3--OTHER PROVISIONS Sec. 2241. Rulemaking. Sec. 2242. Reports to Congress. Sec. 2243. Effective date. Subtitle C--Future Immigration Sec. Sec. Sec. Sec. Sec. 2301. 2302. 2303. 2304. 2305. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 2306. 2307. 2308. 2309. 2310. 2311. 2312. 2313. Sec. Sec. Sec. Sec. 2314. 2315. 2316. 2317. Sec. 2318. Sec. 2319. Merit-based points track one. Merit-based track two. Repeal of the diversity visa program. World-wide levels and recapture of unused immigrant visas. Reclassification of spouses and minor children of lawful permanent residents as immediate relatives. Numerical limitations on individual foreign states. Allocation of immigrant visas. V nonimmigrant visas. ? ? Fiancee and fiance child status protection. Equal treatment for all stepchildren. International adoption harmonization. Relief for orphans, widows, and widowers. Discretionary authority with respect to removal, deportation or inadmissibility of citizen and resident immediate family members. Waivers of inadmissibility. Continuous presence. Global health care cooperation. Extension and improvement of the Iraqi special immigrant visa program. Extension and improvement of the Afghan special immigrant visa program. Elimination of sunsets for certain visa programs. Subtitle D--Conrad State 30 and Physician Access Sec. 2401. Conrad State 30 Program. Sec. 2402. Retaining physicians who have practiced in medically underserved communities. Sec. 2403. Employment protections for physicians. Sec. 2404. Allotment of Conrad 30 waivers. Sec. 2405. Amendments to the procedures, definitions, and other provisions related to physician immigration. Subtitle E--Integration Sec. 2501. Definitions. EAS13500 S.L.C. 4 CHAPTER 1--CITIZENSHIP AND NEW AMERICANS SUBCHAPTER A--OFFICE OF CITIZENSHIP AND NEW AMERICANS Sec. 2511. Office of Citizenship and New Americans. SUBCHAPTER B--TASK FORCE ON NEW AMERICANS Sec. Sec. Sec. Sec. 2521. 2522. 2523. 2524. Establishment. Purpose. Membership. Functions. CHAPTER 2--PUBLIC-PRIVATE PARTNERSHIP Sec. Sec. Sec. Sec. Sec. Sec. Sec. 2531. 2532. 2533. 2534. 2535. 2536. 2537. Establishment of United States Citizenship Foundation. Funding. Purposes. Authorized activities. Council of directors. Powers. Initial Entry, Adjustment, and Citizenship Assistance Grant Program. Sec. 2538. Pilot program to promote immigrant integration at State and local levels. Sec. 2539. Naturalization ceremonies. CHAPTER 3--FUNDING Sec. 2541. Authorization of appropriations. CHAPTER 4--REDUCE BARRIERS TO NATURALIZATION Sec. 2551. Waiver of English requirement for senior new Americans. Sec. 2552. Filing of applications not requiring regular internet access. TITLE III--INTERIOR ENFORCEMENT Subtitle A--Employment Verification System Sec. Sec. Sec. Sec. Sec. 3101. 3102. 3103. 3104. 3105. Unlawful employment of unauthorized aliens. Increasing security and integrity of social security cards. Increasing security and integrity of immigration documents. Responsibilities of the Social Security Administration. Improved prohibition on discrimination based on national origin or citizenship status. Sec. 3106. Rulemaking. Subtitle B--Protecting United States Workers Sec. 3201. Protections for victims of serious violations of labor and employment law or crime. Sec. 3202. Employment Verification System Education Funding. Sec. 3203. Directive to the United States Sentencing Commission. Sec. 3204. Confidentiality for victims of crime. Subtitle C--Other Provisions Sec. 3301. Funding. EAS13500 S.L.C. 5 Sec. 3302. Effective date. Sec. 3303. Mandatory exit system. Sec. 3304. Identity-theft resistant manifest information for passengers, crew, and non-crew onboard departing aircraft and vessels. Sec. 3305. Profiling. Subtitle D--Asylum and Refugee Provisions Sec. Sec. Sec. Sec. Sec. Sec. Sec. 3401. 3402. 3403. 3404. 3405. 3406. 3407. Time limits and efficient adjudication of genuine asylum claims. Refugee family protections. Clarification on designation of certain refugees. Asylum determination efficiency. Stateless persons in the United States. U visa accessibility. Representation at overseas refugee interviews. Subtitle E--Shortage of Immigration Court Resources for Removal Proceedings Sec. 3501. Shortage of immigration court personnel for removal proceedings. Sec. 3502. Improving immigration court efficiency and reducing costs by increasing access to legal information. Sec. 3503. Office of Legal Access Programs. Sec. 3504. Codifying Board of Immigration Appeals. Sec. 3505. Improved training for immigration judges and Board Members. Sec. 3506. Improved resources and technology for immigration courts and Board of Immigration Appeals. Subtitle F--Prevention of Trafficking in Persons and Abuses Involving Workers Recruited Abroad Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 3601. 3602. 3603. 3604. 3605. 3606. 3607. 3608. 3609. 3610. 3611. 3612. Definitions. Disclosure. Prohibition on discrimination. Recruitment fees. Registration. Bonding requirement. Maintenance of lists. Amendment to the Immigration and Nationality Act. Responsibilities of Secretary of State. Enforcement provisions. Rule of construction. Regulations. Subtitle G--Interior Enforcement Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 3701. 3702. 3703. 3704. 3705. 3706. 3707. 3708. 3709. Criminal street gangs. Banning habitual drunk drivers from the United States. Sexual abuse of a minor. Illegal entry. Reentry of removed alien. Penalties related to removal. Reform of passport, visa, and immigration fraud offenses. Combating schemes to defraud aliens. Inadmissibility and removal for passport and immigration fraud offenses. Sec. 3710. Directives related to passport and document fraud. EAS13500 S.L.C. 6 Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 3711. 3712. 3713. 3714. 3715. 3716. 3717. 3718. Inadmissible aliens. Organized and abusive human smuggling activities. Preventing criminals from renouncing citizenship during wartime. Diplomatic security service. Secure alternatives programs. Oversight of detention facilities. Procedures for bond hearings and filing of notices to appear. Sanctions for countries that delay or prevent repatriation of their nationals. Sec. 3719. Gross violations of human rights. TITLE IV--REFORMS TO NONIMMIGRANT VISA PROGRAMS Subtitle A--Employment-based Nonimmigrant Visas Sec. 4101. Market-based H-1B visa limits. Sec. 4102. Employment authorization for dependents of employment-based nonimmigrants. Sec. 4103. Eliminating impediments to worker mobility. Sec. 4104. STEM Education and Training. Subtitle B--H-1B Visa Fraud and Abuse Protections CHAPTER 1--H-1B EMPLOYER APPLICATION REQUIREMENTS Sec. 4211. Modification of application requirements. Sec. 4212. Requirements for admission of nonimmigrant nurses in health professional shortage areas. Sec. 4213. New application requirements. Sec. 4214. Application review requirements. CHAPTER 2-- INVESTIGATION AND DISPOSITION H-1B EMPLOYERS Sec. Sec. Sec. Sec. 4221. 4222. 4223. 4224. OF COMPLAINTS AGAINST General modification of procedures for investigation and disposition. Investigation, working conditions, and penalties. Initiation of investigations. Information sharing. CHAPTER 3--OTHER PROTECTIONS Sec. Sec. Sec. Sec. Sec. Sec. Sec. 4231. 4232. 4233. 4234. 4235. 4236. 4237. Posting available positions through the Department of Labor. H-1B government authority and requirements. Requirements for information for H-1B and L nonimmigrants. Filing fee for H-1B-dependent employers. Providing premium processing of employment-based visa petitions. Technical correction. Application. Subtitle C--L Visa Fraud and Abuse Protections Sec. Sec. Sec. Sec. Sec. Sec. 4301. 4302. 4303. 4304. 4305. 4306. Prohibition on outplacement of L nonimmigrants. L employer petition requirements for employment at new offices. Cooperation with Secretary of State. Limitation on employment of L nonimmigrants. Filing fee for L nonimmigrants. Investigation and disposition of complaints against L nonimmigrant employers. EAS13500 S.L.C. 7 Sec. Sec. Sec. Sec. Sec. 4307. 4308. 4309. 4310. 4311. Penalties. Prohibition on retaliation against L nonimmigrants. Reports on L nonimmigrants. Application. Report on L blanket petition process. Subtitle D--Other Nonimmigrant Visas Sec. 4401. Nonimmigrant visas for students. Sec. 4402. Classification for specialty occupation workers from free trade countries. Sec. 4403. E-visa reform. Sec. 4404. Other changes to nonimmigrant visas. Sec. 4405. Treatment of nonimmigrants during adjudication of application. Sec. 4406. Nonimmigrant elementary and secondary school students. Subtitle E--JOLT Act Sec. Sec. Sec. Sec. Sec. 4501. 4502. 4503. 4504. 4505. Short titles. Premium processing. Encouraging Canadian tourism to the United States. Retiree visa. Incentives for foreign visitors visiting the United States during low peak seasons. Sec. 4506. Visa waiver program enhanced security and reform. Sec. 4507. Expediting entry for priority visitors. Sec. 4508. Visa processing. Subtitle F--Reforms to the H-2B Visa Program Sec. 4601. Extension of returning worker exemption to H-2B numerical limitation. Sec. 4602. Other requirements for H-2B employers. Sec. 4603. Nonimmigrants participating in relief operations. Sec. 4604. Nonimmigrants performing maintenance on common carriers. Subtitle G--W Nonimmigrant Visas Sec. 4701. Bureau of Immigration and Labor Market Research. Sec. 4702. Nonimmigrant classification for W nonimmigrants. Sec. 4703. Admission of W nonimmigrant workers. Subtitle H--Investing in New Venture, Entrepreneurial Startups, and Technologies Sec. 4801. Nonimmigrant INVEST visas. Sec. 4802. INVEST immigrant visa. Sec. 4803. Administration and oversight. 1 2 SEC. 2. STATEMENT OF CONGRESSIONAL FINDINGS. Congress makes the following findings: 3 (1) The passage of this Act recognizes that the 4 primary tenets of its success depend on securing the EAS13500 S.L.C. 8 1 sovereignty of the United States of America and es- 2 tablishing a coherent and just system for integrating 3 those who seek to join American society. 4 (2) We have a right, and duty, to maintain and 5 secure our borders, and to keep our country safe and 6 prosperous. As a nation founded, built and sustained 7 by immigrants we also have a responsibility to har- 8 ness the power of that tradition in a balanced way 9 that secures a more prosperous future for America. 10 (3) We have always welcomed newcomers to the 11 United States and will continue to do so. But in 12 order to qualify for the honor and privilege of even- 13 tual citizenship, our laws must be followed. The 14 world depends on America to be strong -- economi- 15 cally, militarily and ethically. The establishment of a 16 stable, just and efficient immigration system only 17 supports those goals. As a nation, we have the right 18 and responsibility to make our borders safe, to es- 19 tablish clear and just rules for seeking citizenship, to 20 control the flow of legal immigration, and to elimi- 21 nate illegal immigration, which in some cases has be- 22 come a threat to our national security. 23 (4) All parts of this Act are premised on the 24 right and need of the United States to achieve these EAS13500 S.L.C. 9 1 goals, and to protect its borders and maintain its 2 sovereignty. 3 4 SEC. 3. EFFECTIVE DATE TRIGGERS. (a) DEFINITIONS.--In this section: 5 (1) COMMISSION.--The term ''Commission'' 6 means the Southern Border Security Commission es- 7 tablished pursuant to section 4. 8 (2) COMPREHENSIVE 9 RITY STRATEGY.--The SOUTHERN BORDER SECU- term ''Comprehensive South- 10 ern Border Security Strategy'' means the strategy 11 established by the Secretary pursuant to section 5(a) 12 to achieve and maintain an effectiveness rate of 90 13 percent or higher in all high risk border sectors. 14 (3) EFFECTIVE CONTROL.--The term ''effective 15 control'' means the ability to achieve and maintain, 16 in a Border Patrol sector-- 17 (A) persistent surveillance; and 18 (B) an effectiveness rate of 90 percent or 19 higher. 20 (4) EFFECTIVENESS RATE.--The ''effectiveness 21 rate'', in the case of a border sector, is the percent- 22 age calculated by dividing the number of apprehen- 23 sions and turn backs in the sector during a fiscal 24 year by the total number of illegal entries in the sec- 25 tor during such fiscal year. EAS13500 S.L.C. 10 1 (5) HIGH RISK BORDER SECTOR.--The term 2 ''high risk border sector'' means a border sector in 3 which more than 30,000 individuals were appre- 4 hended during the most recent fiscal year. 5 (6) SOUTHERN BORDER.--The term ''Southern 6 border'' means the international border between the 7 United States and Mexico. 8 (7) SOUTHERN BORDER FENCING STRATEGY.-- 9 The term ''Southern Border Fencing Strategy'' 10 means the strategy established by the Secretary pur- 11 suant to section 5(b) that identifies where fencing, 12 including double-layer fencing, should be deployed 13 along the Southern border. 14 (b) BORDER SECURITY GOAL.--The Department's 15 border security goal is to achieve and maintain effective 16 control in high risk border sectors along the Southern bor17 der. 18 19 (c) TRIGGERS.-- (1) PROCESSING OF APPLICATIONS FOR REGSTATUS.--Not 20 ISTERED 21 earlier than the date upon which the Secretary has 22 submitted to Congress the Notice of Commencement 23 of implementation of the Comprehensive Southern 24 Border Security Strategy and the Southern Border 25 Fencing Strategy under section 5 of this Act, the PROVISIONAL IMMIGRANT EAS13500 S.L.C. 11 1 Secretary may commence processing applications for 2 registered provisional immigrant status pursuant to 3 section 245B of the Immigration and Nationality 4 Act, as added by section 2101 of this Act. 5 6 7 (2) ADJUSTMENT OF STATUS OF REGISTERED PROVISIONAL IMMIGRANTS.-- (A) IN GENERAL.--Except as provided in 8 subparagraph (B), the Secretary may not ad- 9 just the status of aliens who have been granted 10 registered provisional immigrant status, except 11 for aliens granted agriculture card status under 12 section 2201 of this Act or described in section 13 245D(b) of the Immigration and Nationality 14 Act, until the Secretary, after consultation with 15 the Comptroller General of the United States, 16 submits to the President and Congress a writ- 17 ten certification that-- 18 (i) the Comprehensive Southern Bor- 19 der Security Strategy has been submitted 20 to Congress and is substantially deployed 21 and substantially operational; 22 (ii) the Southern Border Fencing 23 Strategy has been submitted to Congress, 24 implemented, and is substantially com- 25 pleted; EAS13500 S.L.C. 12 1 (iii) the Secretary has implemented a 2 mandatory employment verification system 3 to be used by all employers to prevent un- 4 authorized workers from obtaining employ- 5 ment in the United States; and 6 (iv) the Secretary is using an elec- 7 tronic exit system at air and sea ports of 8 entry that operates by collecting machine- 9 readable visa or passport information from 10 air and vessel carriers. 11 (B) EXCEPTION.--The Secretary shall per- 12 mit registered provisional immigrants to apply 13 for an adjustment to lawful permanent resident 14 status if-- 15 (i)(I) litigation or a force majeure has 16 prevented one or more of the conditions 17 described in clauses (i) through (iv) of sub- 18 paragraph (A) from being implemented; or 19 (II) the implementation of subpara- 20 graph (A) has been held unconstitutional 21 by the Supreme Court of the United States 22 or the Supreme Court has granted certio- 23 rari to the litigation on the constitu- 24 tionality of implementation of subpara- 25 graph (A); and EAS13500 S.L.C. 13 (ii) 10 years have elapsed since the 1 date of the enactment of this Act. 2 (d) WAIVER 3 4 FOR OF IMPROVEMENT LEGAL REQUIREMENTS NECESSARY AT BORDERS.--Notwithstanding any 5 other provision of law, the Secretary is authorized to waive 6 all legal requirements that the Secretary determines to be 7 necessary to ensure expeditious construction of the bar8 riers, roads, or other physical tactical infrastructure need9 ed to fulfill the requirements under this section. Any de10 termination by the Secretary under this section shall be 11 effective upon publication in the Federal Register. 12 13 (e) FEDERAL COURT REVIEW.-- (1) IN GENERAL.--The district courts of the 14 United States shall have exclusive jurisdiction to 15 hear all causes or claims arising from any action un- 16 dertaken, or any decision made, by the Secretary 17 under subsection (d). A cause of action or claim may 18 only be brought alleging a violation of the Constitu- 19 tion of the United States. The court does not have 20 jurisdiction to hear any claim not specified in this 21 paragraph. 22 (2) TIME FOR FILING COMPLAINT.--If a cause 23 or claim under paragraph (1) is not filed within 60 24 days after the date of the contested action or deci- 25 sion by the Secretary, the claim shall be barred. EAS13500 S.L.C. 14 1 (3) APPELLATE REVIEW.--An interlocutory or 2 final judgment, decree, or order of the district court 3 may be reviewed only upon petition for a writ of cer- 4 tiorari to the Supreme Court of the United States. 5 6 SEC. 4. SOUTHERN BORDER SECURITY COMMISSION. (a) ESTABLISHMENT.--If Secretary certifies that the 7 Department has not achieved effective control in all high 8 risk border sectors during any fiscal year beginning before 9 the date that is 5 years after the date of the enactment 10 of this Act, not later than 60 days after the date of the 11 certification there shall be established a commission to be 12 known as the ''Southern Border Security Commission'' 13 (referred to in this section as the ''Commission''). 14 15 16 17 18 (b) COMPOSITION.-- (1) IN GENERAL.--The Commission shall be composed of-- (A) 2 members who shall be appointed by the President; 19 (B) 2 members who shall be appointed by 20 the President pro tempore of the Senate, of 21 which-- 22 (i) 1 shall be appointed upon the rec- 23 ommendation of the leader in the Senate of 24 the political party that is not the political 25 party of the President; and EAS13500 S.L.C. 15 1 (ii) 1 shall be appointed upon the rec- 2 ommendation of the leader in the Senate of 3 the other political party; 4 (C) 2 members who shall be appointed by 5 the Speaker of the House of Representatives, of 6 which-- 7 (i) 1 shall be appointed upon the rec- 8 ommendation of the leader in the House of 9 Representatives of the political party that 10 is not the political party of the President; 11 and 12 (ii) 1 shall be appointed upon the rec- 13 ommendation of the leader in the House of 14 Representatives of the other political party; 15 and 16 (D) 4 members, consisting of 1 member 17 from each of the States along the Southern bor- 18 der, who shall be-- 19 (i) the Governor of such State; or 20 (ii) appointed by the Governor of each 21 such State. 22 (2) QUALIFICATION FOR APPOINTMENT.--Ap- 23 pointed members of the Commission shall be distin- 24 guished individuals noted for their knowledge and EAS13500 S.L.C. 16 1 experience in the field of border security at the Fed- 2 eral, State, or local level. 3 (3) TIME OF APPOINTMENT.--The appoint- 4 ments required by paragraph (1) shall be made not 5 later than 60 days after the Secretary makes a cer- 6 tification described in subsection (a). 7 (4) CHAIR.--At the first meeting of the Com- 8 mission, a majority of the members of the Commis- 9 sion present and voting shall elect the Chair of the 10 Commission. 11 (5) VACANCIES.--Any vacancy of the Commis- 12 sion shall not affect its powers, but shall be filled in 13 the manner in which the original appointment was 14 made. 15 (6) RULES.--The Commission shall establish 16 the rules and procedures of the Commission which 17 shall require the approval of at least 6 members of 18 the Commission. 19 (c) DUTIES.--The Commission's primary responsi- 20 bility shall be making recommendations to the President, 21 the Secretary, and Congress on policies to achieve and 22 maintain the border security goal specified in section 3(b) 23 by achieving and maintaining-- EAS13500 S.L.C. 17 1 (1) the capability to engage in, and to engage 2 in, persistent surveillance in high risk border sectors 3 along the Southern border; and 4 (2) an effectiveness rate of 90 percent or higher 5 in all high risk border sectors along the Southern 6 border. 7 (d) REPORT.--Not later than 180 days after the end 8 of the 5-year period described in subsection (a), the Com9 mission shall submit to the President, the Secretary, and 10 Congress a report setting forth specific recommendations 11 for policies for achieving and maintaining the border secu12 rity goals specified in subsection (c). The report shall in13 clude, at a minimum, recommendations for the personnel, 14 infrastructure, technology, and other resources required to 15 achieve and maintain an effectiveness rate of 90 percent 16 or higher in all high risk border sectors. 17 (e) TRAVEL EXPENSES.--Members of the Commis- 18 sion shall be allowed travel expenses, including per diem 19 in lieu of subsistence rates authorized for employees of 20 agencies under subchapter I of chapter 57 of title 5, 21 United States Code, while away from their homes or reg22 ular places of business in the performance of services for 23 the Commission. 24 (f) ADMINISTRATIVE SUPPORT.--The Secretary shall 25 provide the Commission such staff and administrative EAS13500 S.L.C. 18 1 services as may be necessary and appropriate for the Com2 mission to perform its functions. Any employee of the ex3 ecutive branch of Government may be detailed to the Com4 mission without reimbursement to the agency of that em5 ployee and such detail shall be without interruption or loss 6 of civil service or status or privilege. 7 (g) COMPTROLLER GENERAL REVIEW.--The Comp- 8 troller General of the United States shall review the rec9 ommendations in the report submitted under subsection 10 (d) in order to determine-- 11 (1) whether any of the recommendations are 12 likely to achieve effective control in all high risk bor- 13 der sectors; 14 15 16 (2) which recommendations are most likely to achieve effective control; and (3) whether such recommendations are feasible 17 within existing budget constraints. 18 (h) TERMINATION.--The Commission shall terminate 19 30 days after the date on which the report is submitted 20 under subsection (d). 21 SEC. 5. COMPREHENSIVE SOUTHERN BORDER SECURITY 22 STRATEGY AND SOUTHERN BORDER FENC- 23 ING STRATEGY. 24 (a) COMPREHENSIVE SOUTHERN BORDER SECURITY 25 STRATEGY.-- EAS13500 S.L.C. 19 1 (1) IN GENERAL.--Not later than 180 days 2 after the date of the enactment of this Act, the Sec- 3 retary shall submit a strategy, to be known as the 4 ''Comprehensive Southern Border Security Strat- 5 egy'', for achieving and maintaining effective control 6 between the ports of entry in all high risk border 7 sectors along the Southern border, to-- 8 9 10 11 12 13 14 15 16 (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Homeland Security of the House of Representatives; (C) the Committee on Appropriations of the Senate; (D) the Committee on Appropriations of the House of Representatives; and (E) the Comptroller General of the United 17 States. 18 (2) ELEMENTS.--The Comprehensive Southern 19 20 21 Border Security Strategy shall specify-- (A) the priorities that must be met for the strategy to be successfully executed; 22 (B) the capabilities that must be obtained 23 to meet each of the priorities referred to in sub- 24 paragraph (A), including-- EAS13500 S.L.C. 20 1 (i) surveillance and detection capabili- 2 ties developed or used by the Department 3 of Defense to increase situational aware- 4 ness; and 5 (ii) the requirement for stationing suf- 6 ficient Border Patrol agents and Customs 7 and Border Protection officers at and be- 8 tween ports of entry along the Southern 9 border; and 10 (C) the resources, including personnel, in- 11 frastructure, and technology that must be pro- 12 cured and successfully deployed to obtain the 13 capabilities referred to in subparagraph (B), in- 14 cluding-- (i) fixed, mobile, and agent portable 15 16 surveillance systems; and 17 (ii) unarmed, unmanned aerial sys- 18 tems and unarmed, fixed-wing aircraft and 19 necessary and qualified staff and equip- 20 ment to fully utilize such systems. 21 (3) ADDITIONAL ELEMENTS REGARDING EXE- 22 CUTION.--The Comprehensive Southern Border Se- 23 curity Strategy shall describe-- 24 (A) how the resources referred to in para- 25 graph (2)(C) will be properly aligned with the EAS13500 S.L.C. 21 1 priorities referred to in paragraph (2)(A) to en- 2 sure that the strategy will be successfully exe- 3 cuted; 4 (B) the interim goals that must be accom- 5 plished to successfully implement the strategy; 6 and 7 (C) the schedule and supporting milestones 8 under which the Department will accomplish 9 the interim goals referred to in subparagraph 10 (B). 11 (4) IMPLEMENTATION.-- 12 (A) IN GENERAL.--The Secretary shall 13 commence the implementation of the Com- 14 prehensive Southern Border Security Strategy 15 immediately after submitting the strategy under 16 paragraph (1). 17 (B) NOTICE OF COMMENCEMENT.--Upon 18 commencing the implementation of the strategy, 19 the Secretary shall submit a notice of com- 20 mencement of such implementation to-- 21 (i) Congress; and 22 (ii) the Comptroller General of the 23 24 United States. (5) SEMIANNUAL REPORTS.-- EAS13500 S.L.C. 22 (A) IN 1 GENERAL.--After the Comprehen- 2 sive Southern Border Security Strategy is sub- 3 mitted under paragraph (1),the Secretary shall 4 submit, not later than May 15 and November 5 15 of each year, a report on the status of the 6 Department's implementation of the strategy 7 to-- 8 (i) the Committee on Homeland Secu- 9 rity and Governmental Affairs of the Sen- 10 11 12 13 14 15 ate; (ii) the Committee on Homeland Security of the House of Representatives; (iii) the Committee on Appropriations of the Senate; and (iv) the Committee on Appropriations 16 of the House of Representatives. 17 (B) ELEMENTS.--Each report submitted 18 under subparagraph (A) shall include-- 19 (i) a detailed description of the steps 20 the Department has taken, or plans to 21 take, to execute the strategy submitted 22 under 23 progress made toward achieving the in- 24 terim goals and milestone schedule estab- paragraph (1), including the EAS13500 S.L.C. 23 1 lished pursuant to subparagraphs (B) and 2 (C) of paragraph (3); 3 (ii) a detailed description of-- 4 (I) any impediments identified in 5 the Department's efforts to execute 6 the strategy; 7 (II) the actions the Department 8 has taken, or plans to take, to address 9 such impediments; and 10 (III) any additional measures de- 11 veloped by the Department to meas- 12 ure the state of security along the 13 Southern border; and 14 (iii) for each Border Patrol sector 15 along the Southern border-- 16 (I) the effectiveness rate for each 17 individual Border Patrol sector and 18 the aggregated effectiveness rate; 19 (II) the number of recidivist ap- 20 prehensions, sorted by Border Patrol 21 sector; and 22 (III) the recidivism rate for all 23 unique subjects that received a crimi- 24 nal consequence through the Con- 25 sequence Delivery System process. EAS13500 S.L.C. 24 1 (b) SOUTHERN BORDER FENCING STRATEGY.-- 2 (1) ESTABLISHMENT.--Not later than 180 days 3 after the date of the enactment of this Act, the Sec- 4 retary shall establish a strategy, to be known as the 5 ''Southern Border Fencing Strategy'', to identify 6 where fencing, including double-layer fencing, infra- 7 structure, and technology should be deployed along 8 the Southern border. 9 (2) SUBMITTAL.--The Secretary shall submit 10 the Southern Border Fencing Strategy to Congress 11 and the Comptroller General of the United States 12 for review. (3) NOTICE 13 OF COMMENCEMENT.--Upon com- 14 mencing the implementation of the Southern Border 15 Fencing Strategy, the Secretary shall submit a no- 16 tice of commencement of the implementation of the 17 Strategy to Congress and the Comptroller General of 18 the United States. 19 SEC. 6. COMPREHENSIVE IMMIGRATION REFORM TRUST 20 21 FUND. (a) COMPREHENSIVE IMMIGRATION REFORM TRUST 22 FUND.-- 23 (1) ESTABLISHMENT.--There is established in 24 the Treasury a separate account, to be known as the 25 Comprehensive Immigration Reform Trust Fund EAS13500 S.L.C. 25 1 (referred to in this section as the ''Trust Fund''), 2 consisting of-- 3 (A) amounts transferred from the general 4 fund of the Treasury under paragraph (2)(A); 5 and 6 (B) proceeds from the fees described in 7 paragraph (2)(B). 8 (2) DEPOSITS.-- 9 (A) INITIAL FUNDING.--On the later of 10 the date of the enactment of this Act or Octo- 11 ber 1, 2013, $6,500,000,000 shall be trans- 12 ferred from the general fund of the Treasury to 13 the Trust Fund. 14 (B) START-UP COSTS.--On the later of the 15 date of the enactment of this Act or October 1, 16 2013, $100,000,000 is hereby appropriated 17 from the general fund of the Treasury, to re- 18 main available until September 30, 2015, to the 19 Department to pay for one-time and startup 20 costs necessary to implement this Act, 21 (C) ONGOING FUNDING.--In addition to 22 the funding described in subparagraph (A), the 23 following amounts shall be deposited in the 24 trust fund: EAS13500 S.L.C. 26 1 (i) ELECTRONIC 2 TION SYSTEM FEES.--75 3 fees collected under section 217(h)(3)(B) 4 of the Immigration and Nationality Act (8 5 U.S.C. 1187(h)(3)). (ii) J-1 6 VISA TRAVEL AUTHORIZA- percent of the MITIGATION FEES.-- 7 Mitigation fees collected from employers 8 who employ aliens described in section 9 101(a)(15)(J) of the Immigration and Na- 10 tionality Act (8 U.S.C. 1101(a)(15)(J)) 11 through the Summer Work Travel Pro- 12 gram. (iii) H-1B 13 VISA FEES.--Fees collected 14 from employers hiring nonimmigrants de- 15 scribed in section 101(a)(15)(H)(i)(b) of 16 the Immigration and Nationality Act (8 17 U.S.C. 1101 (a)(15)(H)(i)(b)). (iv) L-1 18 VISA FEES.--Fees collected 19 under section 214(c)(12) of the Immigra- 20 tion 21 1184(c)(12) from employers hiring a non- 22 immigrant 23 101(a)(15)(L) of such Act (8 U.S.C. 24 1101(a)(15)(L)). and Nationality described Act (8 in U.S.C. section EAS13500 S.L.C. 27 1 (v) H-2B VISA FEES.--Fees collected 2 from employers hiring nonimmigrants de- 3 scribed in section 101(a)(15)(H)(ii)(b) of 4 the Immigration and Nationality Act (8 5 U.S.C. 1101 (a)(15)(H)(i i)(b)) in the 6 amount of $500 under section 214 of the 7 Immigration and Nationality Act (8 U.S.C. 8 1184). 9 (vi) F-1 VISA FEES.--Fees collected 10 for nonimmigrants admitted under section 11 101(a)(15)(F)(i) of the Immigration and 12 Nationality 13 1101(a)(15)(F)(i)) in the amount of $500 14 under section 214 of the Immigration and 15 Nationality Act (8 U.S.C. 1184) 16 Act (vii) VISITOR (8 VISA U.S.C. FEES.--Amend 17 Section 214 to add a $5 fee for visitor 18 visas 101(a)(15)(B). 19 (viii) MERIT SYSTEM GREEN CARD 20 FEES.--Include 21 ument to get a ''merit system'' green card. 22 the fee charged in the doc- (ix) OTHER ALIENS.--An alien who is 23 allocated a visa under section 211 shall 24 pay a fee of $1,500. EAS13500 S.L.C. 28 (x) 1 PENALTY.--Penalties collected 2 from applicants for provisional immigrant 3 status under section 245B(c)(9)(C) of the 4 Immigration and Nationality Act, as added 5 by section 2101 of this Act. (xi) H-1B 6 NONIMMIGRANT DEPENDFEES.--Fees 7 ENT 8 collected under section 423(a)(2). EMPLOYER (xii) H-1B 9 OUTPLACEMENT FEE.-- 10 Fees 11 212(n)(1)(F)(ii) of the Immigration and 12 Nationality Act, as amended by section 13 4201(d). 14 collected (xiii) L under section NONIMMIGRANT DEPENDENT FEES.--Fees 15 EMPLOYER 16 collected under section 435(a)(2). 17 (xiv) RETIREE VISA FEES.--Fees col- 18 lected under section 101(a)(15)(Y) of the 19 Immigration and Nationality Act (8 U.S.C. 20 1101(a)(15)(Y)). 21 (xv) NONIMMIGRANTS PERFORMING 22 MAINTENANCE ON COMMON CARRIERS.-- 23 Fees collected under subsection (z) of sec- 24 tion 214 of the Immigration and Nation- EAS13500 S.L.C. 29 1 ality Act (8 U.S.C. 1184), as added by sec- 2 tion 4604. 3 4 (3) USE OF FUNDS.-- (A) INITIAL FUNDING.--Of the amounts 5 transferred to the Trust Fund pursuant to 6 paragraph (2)(A)-- 7 (i) $3,000,000,000 shall be made 8 available to the Secretary, during the 5- 9 year period beginning on the date of the 10 enactment of this Act, to carry out the 11 Comprehensive Southern Border Security 12 Strategy; 13 (ii) $2,000,000,000 shall be made 14 available to the Secretary, during the 10- 15 year period beginning on the date of the 16 enactment of this Act, to carry out pro- 17 grams, 18 ommended by the Commission pursuant to 19 section 4(c) to achieve and maintain the 20 border security goal specified in section 21 3(b); and projects, and activities rec- 22 (iii) $1,500,000,000 shall be made 23 available to the Secretary, during the 5- 24 year period beginning on the date of the 25 enactment of this Act, to procure and de- EAS13500 S.L.C. 30 1 ploy additional fencing in high-risk border 2 sectors in accordance with the Southern 3 Border Fencing Strategy established pur- 4 suant to section 5(b). 5 (B) ONGOING FUNDING.--Of the amounts 6 deposited into the Trust Fund pursuant to 7 paragraph (2)(B)-- 8 (i) $50,000,000 shall be available dur- 9 ing each of the fiscal years 2014 through 10 2018 to carry out the activities described 11 in section 1104(a)(1); and 12 (ii) $50,000,000 shall be available 13 during each of the fiscal years 2014 14 through 2018 to carry out the activities 15 described in section 1104(b). 16 (b) LIMITATION ON COLLECTION.--No fee described 17 in paragraph (2)(B) may be collected under this Act ex18 cept to the extent that the expenditure of the fee to pay 19 the costs of activities and services for which the fee is im20 posed is provided for in advance in an appropriations Act. 21 22 (c) RECEIPTS COLLECTED CEIPTS.--Notwithstanding AS OFFSETTING RE- section 3302 of title 31, 23 United States Code, any fee collected under this Act-- 24 25 (1) shall be credited as offsetting collections to the Trust Fund; EAS13500 S.L.C. 31 1 (2) shall be available for expenditure only to 2 pay the costs of activities and services authorized 3 from the Trust Fund; and 4 (3) shall remain available until expended. 5 (d) DETERMINATION OF BUDGETARY EFFECTS.-- 6 (1) EMERGENCY DESIGNATION FOR CONGRES- 7 SIONAL ENFORCEMENT.--In 8 made available under this section are designated as 9 an emergency requirement pursuant to section 10 403(a) of S. Con. Res. 13 (111th Congress), the 11 concurrent resolution on the budget for fiscal year 12 2010. 13 (2) EMERGENCY the Senate, amounts DESIGNATION FOR STATUTORY 14 PAYGO.--Amounts 15 are designated as an emergency requirement under 16 section 4(g) of the Statutory Pay-As-You-Go Act of 17 2010 (Public Law 111-139; 2 U.S.C. 933(g)). 18 19 20 made available under this section SEC. 7. REFERENCE TO THE IMMIGRATION AND NATIONALITY ACT. Except as otherwise expressly provided, whenever in 21 this Act an amendment or repeal is expressed in terms 22 of an amendment to, or repeal of, a section or other provi23 sion, the reference shall be considered to be made to a 24 section or other provision of the Immigration and Nation25 ality Act (8 U.S.C. 1101 et seq.). EAS13500 S.L.C. 32 1 SEC. 8. DEFINITIONS. 2 In this Act: 3 (1) DEPARTMENT.--Except as otherwise pro- 4 vided, the term ''Department'' means the Depart- 5 ment of Homeland Security. 6 (2) SECRETARY.--Except as otherwise provided, 7 the term ''Secretary'' means the Secretary of Home- 8 land Security. 9 10 11 12 TITLE I--BORDER SECURITY SEC. 1101. DEFINITIONS. In this title: (1) RURAL, HIGH-TRAFFICKED AREAS.--The 13 term ''rural, high-trafficked areas'' means rural 14 areas through which drugs and undocumented aliens 15 are routinely smuggled, as designated by the Com- 16 missioner of U.S. Customs and Border Protection. 17 (2) SOUTHERN BORDER.--The term ''Southern 18 border'' means the international border between the 19 United States and Mexico. 20 (3) SOUTHWEST BORDER REGION.--The term 21 ''Southwest border region'' means the area in the 22 United States that is within 100 miles of the South- 23 ern border. EAS13500 S.L.C. 33 1 SEC. 1102. ADDITIONAL U.S. CUSTOMS AND BORDER PRO- 2 TECTION OFFICERS. (a) IN GENERAL.--Not later than September 30, 3 4 2017, the Secretary shall increase the number of trained 5 U.S. Customs and Border Protection officers by 3,500, 6 compared to the number of such officers as of the date 7 of the enactment of this Act. The Secretary shall make 8 progress in increasing such number of officers during each 9 of the fiscal years 2014 through 2017. (b) CONSTRUCTION.--Nothing in subsection (a) may 10 11 be interpreted to preclude the Secretary from reassigning 12 or stationing U.S. Customs and Border protection officers 13 and agents from the Northern border to the Southern bor14 der. 15 (c) FUNDING.--There are authorized to be appro- 16 priated, from the Comprehensive Immigration Reform 17 Trust Fund established under section 6(a)(1), such sums 18 as may be necessary to carry out this section. 19 20 21 SEC. 1103. NATIONAL GUARD SUPPORT TO SECURE THE SOUTHERN BORDER. (a) IN GENERAL.--With the approval of the Sec- 22 retary of Defense, the Governor of a State may order any 23 units or personnel of the National Guard of such State 24 to perform operations and missions under section 502(f) 25 of title 32, United States Code, in the Southwest Border EAS13500 S.L.C. 34 1 region for the purposes of assisting U.S. Customs and 2 Border Protection in securing the Southern border. 3 (b) ASSIGNMENT 4 (1) IN OF OPERATIONS GENERAL.--National AND MISSIONS.-- Guard units and 5 personnel deployed under subsection (a) may be as- 6 signed such operations and missions specified in sub- 7 section (c) as may be necessary to secure the South- 8 ern border. 9 (2) NATURE OF DUTY.--The duty of National 10 Guard personnel performing operations and missions 11 described in paragraph (1) shall be full-time duty 12 under title 32, United States Code. 13 (c) RANGE OF OPERATIONS AND MISSIONS.--The op- 14 erations and missions assigned under subsection (b) shall 15 include the temporary authority-- 16 17 18 19 (1) to construct fencing, including double-layer and triple-layer fencing; (2) to increase ground-based mobile surveillance systems; 20 (3) to deploy additional unmanned aerial sys- 21 tems and manned aircraft sufficient to maintain 22 continuous surveillance of the Southern Border; 23 (4) to deploy and provide capability for radio 24 communications interoperability between U.S. Cus- EAS13500 S.L.C. 35 1 toms and Border Protection and State, local, and 2 tribal law enforcement agencies; 3 (5) to construct checkpoints along the Southern 4 border to bridge the gap to long-term permanent 5 checkpoints; and 6 (6) to provide assistance to U.S. Customs and 7 Border Protection, particularly in rural, high-traf- 8 ficked areas, as designated by the Commissioner of 9 U.S. Customs and Border Protection. (d) MATERIEL 10 AND LOGISTICAL SUPPORT.--The 11 Secretary of Defense shall deploy such materiel and equip12 ment and logistical support as may be necessary to ensure 13 success of the operations and missions conducted by the 14 National Guard under this section. (e) EXCLUSION FROM NATIONAL GUARD PER- 15 16 SONNEL STRENGTH LIMITATIONS.--National Guard per- 17 sonnel deployed under subsection (a) shall not be included 18 in-- 19 (1) the calculation to determine compliance 20 with limits on end strength for National Guard per- 21 sonnel; or 22 (2) limits on the number of National Guard 23 personnel that may be placed on active duty for 24 operational support under section 115 of title 10, 25 United States Code. EAS13500 S.L.C. 36 1 SEC. 1104. ENHANCEMENT OF EXISTING BORDER SECURITY 2 3 4 OPERATIONS. (a) BORDER CROSSING PROSECUTIONS.-- (1) IN GENERAL.--The Secretary, acting 5 through the Commissioner, U.S. Customs and Bor- 6 der Protection, shall-- 7 (A) increase the number of border crossing 8 prosecutions in the Tucson Sector of the South- 9 west Border region to up to 210 prosecutions 10 per day by increasing the funding available 11 for-- 12 (i) attorneys and administrative sup- 13 port staff in the Tucson United States At- 14 torney Office; 15 (ii) support staff and interpreters in 16 the Tucson Court Clerks Office; 17 (iii) pre-trial services; 18 (iv) activities of the Tucson Federal 19 Public Defenders Office; and 20 (v) additional marshals in the Tucson 21 United States Marshals Office to perform 22 intake, coordination, transportation, and 23 court security; and 24 (B) reimburse State, local, and tribal law 25 enforcement agencies for any detention costs re- EAS13500 S.L.C. 37 1 lated to the border crossing prosecutions carried 2 out pursuant to subparagraph (A). 3 (2) ADDITIONAL MAGISTRATE JUDGES TO AS- 4 SIST WITH INCREASED CASELOAD.--The chief judge 5 of the United States District Court for the District 6 of Arizona is authorized to appoint additional full- 7 time magistrate judges, who, consistent with the 8 Constitution and laws of the United States, shall 9 have the authority to hear cases and controversies in 10 the judicial district in which the respective judges 11 are appointed. 12 (3) FUNDING.--There are authorized to be ap- 13 propriated, from the Comprehensive Immigration 14 Reform Trust Fund established under section 15 6(a)(1), such sums as may be necessary to carry out 16 this subsection. 17 (b) OPERATION STONEGARDEN.-- 18 (1) IN GENERAL.--The Federal Emergency 19 Management Agency shall enhance law enforcement 20 preparedness and operational readiness along the 21 borders of the United States through Operation 22 Stonegarden. The amounts available under this 23 paragraph are in addition to any other amounts oth- 24 erwise made available for Operation Stonegarden. 25 Not less than 90 percent of the amounts made avail- EAS13500 S.L.C. 38 1 able under section 5(a)(3)(B)(ii) shall be allocated 2 for grants and reimbursements to law enforcement 3 agencies in the States in the Southwest Border re- 4 gion for personnel, overtime, travel, and other costs 5 related to illegal immigration and drug smuggling in 6 the Southwest Border region. 7 (2) FUNDING.--There are authorized to be ap- 8 propriated, from the amounts made available under 9 section 6(a)(3)(A)(i), such sums as may be nec- 10 essary to carry out this subsection. 11 (c) INFRASTRUCTURE IMPROVEMENTS.-- 12 13 (1) BORDER PATROL STATIONS.--The Secretary shall-- 14 (A) construct additional Border Patrol sta- 15 tions in the Southwest Border region that U.S. 16 Border Patrol determines are needed to provide 17 full operational support in rural, high-trafficked 18 areas; and 19 (B) analyze the feasibility of creating addi- 20 tional Border Patrol sectors along the Southern 21 border to interrupt drug trafficking operations. 22 (2) FORWARD OPERATING BASES.--The Sec- 23 retary shall enhance the security of the Southwest 24 Border region by-- EAS13500 S.L.C. 39 1 (A) establishing additional permanent for- 2 ward operating bases for the Border Patrol, as 3 needed; 4 (B) upgrading the existing forward oper- 5 ating bases to include modular buildings, elec- 6 tricity, and potable water; and 7 (C) ensuring that forward operating bases 8 surveil and interdict individuals entering the 9 United States unlawfully immediately after 10 such individuals cross the Southern border. 11 (3) AUTHORIZATION OF APPROPRIATIONS.-- 12 There is authorized to be appropriated for each of 13 fiscal years 2014 through 2018 such sums as may 14 be necessary to carry out this subsection. 15 16 17 SEC. 1105. BORDER SECURITY ON CERTAIN FEDERAL LAND. (a) DEFINITIONS.--In this section: (1) FEDERAL LANDS.--The term ''Federal 18 lands'' includes all land under the control of the Sec- 19 retary concerned that is located within the South- 20 west border region in the State of Arizona along the 21 international border between the United States and 22 Mexico. 23 24 (2) SECRETARY CONCERNED.--The retary concerned'' means-- term ''Sec- EAS13500 S.L.C. 40 1 (A) with respect to land under the jurisdic- 2 tion of the Secretary of Agriculture, the Sec- 3 retary of Agriculture; and 4 (B) with respect to land under the jurisdic- 5 tion of the Secretary of the Interior, the Sec- 6 retary of the Interior. 7 (b) SUPPORT FOR BORDER SECURITY NEEDS.--To 8 achieve effective control of Federal lands-- 9 (1) the Secretary concerned, notwithstanding 10 any other provision of law, shall authorize and pro- 11 vide U.S. Customs and Border Protection personnel 12 with immediate access to Federal lands for security 13 activities, including-- 14 (A) routine motorized patrols; and 15 (B) the deployment of communications, 16 surveillance, and detection equipment; 17 (2) the security activities described in para- 18 graph (1) shall be conducted, to the maximum ex- 19 tent practicable, in a manner that the Secretary de- 20 termines will best protect the natural and cultural 21 resources on Federal lands; and 22 (3) the Secretary concerned may provide edu- 23 cation and training to U.S. Customs and Border 24 Protection on the natural and cultural resources 25 present on individual Federal land units. EAS13500 S.L.C. 41 1 (c) PROGRAMMATIC ENVIRONMENTAL IMPACT 2 STATEMENT.-- 3 (1) IN GENERAL.--After implementing sub- 4 section (b), the Secretary, in consultation with the 5 Secretaries concerned, shall prepare and publish in 6 the Federal Register a notice of intent to prepare a 7 programmatic environmental impact statement in 8 accordance with the National Environmental Policy 9 Act of 1969 (42 U.S.C. 4321 et seq.) to analyze the 10 impacts of the activities described in subsection (b). 11 (2) EFFECT ON PROCESSING APPLICATION AND 12 SPECIAL USE PERMITS.--The 13 a programmatic environmental impact statement 14 under this section shall not result in any delay in the 15 processing or approving of applications or special 16 use permits by the Secretaries concerned for the ac- 17 tivities described in subsection (b). 18 (3) AMENDMENT pending completion of OF LAND USE PLANS.--The 19 Secretaries concerned shall amend any land use 20 plans, as appropriate, upon completion of the pro- 21 grammatic environmental impact statement de- 22 scribed in subsection (b). 23 24 (4) SCOPE OF PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENT.--The programmatic environ- EAS13500 S.L.C. 42 1 mental impact statement described in paragraph 2 (1)-- 3 (A) may be used to advise the Secretary on 4 the impact on natural and cultural resources on 5 Federal lands; and 6 (B) shall not control, delay, or restrict ac- 7 tions by the Secretary to achieve effective con- 8 trol on Federal lands. 9 (d) INTERMINGLED STATE AND PRIVATE LAND.-- 10 This section shall not apply to any private or State-owned 11 land within the boundaries of Federal lands. 12 13 SEC. 1106. EQUIPMENT AND TECHNOLOGY. (a) ENHANCEMENTS.--The Commissioner of U.S. 14 Customs and Border Protection, working through U.S. 15 Border Patrol, shall-- 16 (1) deploy additional mobile, video, and agent- 17 portable surveillance systems, and unmanned aerial 18 vehicles in the Southwest Border region as necessary 19 to provide 24-hour operation and surveillance; 20 (2) operate unarmed unmanned aerial vehicles 21 along the Southern border for 24 hours per day and 22 for 7 days per week; 23 24 (3) deploy unarmed additional fixed-wing aircraft and helicopters along the Southern border; EAS13500 S.L.C. 43 (4) acquire new rotocraft and make upgrades to 1 2 the existing helicopter fleet; and (5) increase horse patrols in the Southwest 3 4 Border region. 5 (b) AUTHORIZATION OF APPROPRIATIONS.--In addi- 6 tion to amounts otherwise authorized to be appropriated, 7 there is authorized to be appropriated to U.S. Customs 8 and Border Protection such sums as may be necessary to 9 carry out subsection (a) during fiscal years 2014 through 10 2018. 11 12 13 14 SEC. 1107. ACCESS TO EMERGENCY PERSONNEL. (a) SOUTHWEST BORDER REGION EMERGENCY COMMUNICATIONS GRANTS.-- (1) IN GENERAL.--The Secretary, in consulta- 15 tion with the governors of the States in the South- 16 west Border region, shall establish a 2-year grant 17 program, to be administered by the Secretary, to im- 18 prove emergency communications in the Southwest 19 Border region. 20 (2) ELIGIBILITY FOR GRANTS.--An individual 21 is eligible to receive a grant under this subsection if 22 the individual demonstrates that he or she-- 23 24 (A) regularly resides or works in the Southwest Border region; EAS13500 S.L.C. 44 1 (B) is at greater risk of border violence 2 due to the lack of cellular service at his or her 3 residence or business and his or her proximity 4 to the Southern border. 5 (3) USE OF GRANTS.--Grants awarded under 6 this subsection may be used to purchase satellite 7 telephone 8 that-- 11 systems and service (A) can provide access to 9-1-1 service; 9 10 communications and (B) are equipped with global positioning 12 systems. 13 (4) AUTHORIZATION OF APPROPRIATIONS.-- 14 There is authorized to be appropriated such sums as 15 may be necessary to carry out the grant program es- 16 tablished under this subsection. 17 (b) INTEROPERABLE COMMUNICATIONS FOR LAW 18 ENFORCEMENT.-- 19 (1) FEDERAL LAW ENFORCEMENT.--There are 20 authorized to be appropriated, to the Department, 21 the Department of Justice, and the Department of 22 the Interior, during the 5-year period beginning on 23 the date of the enactment of this Act, such sums as 24 may be necessary-- EAS13500 S.L.C. 45 1 (A) to purchase, through a competitive 2 procurement process, P25-compliant radios, 3 which may include a multi-band option, for 4 Federal law enforcement agents working in the 5 Southwest Border region in support of the ac- 6 tivities of U.S. Customs and Border Protection 7 and U.S. Immigration and Customs Enforce- 8 ment, including law enforcement agents of the 9 Drug Enforcement Administration, the Bureau 10 of Alcohol, Tobacco, Firearms and Explosives, 11 the Department of the Interior, and the Forest 12 Service; and 13 (B) to upgrade, through a competitive pro- 14 curement process, the communications network 15 of the Department of Justice to ensure coverage 16 and capacity, particularly when immediate ac- 17 cess is needed in times of crisis, in the South- 18 west Border region for appropriate law enforce- 19 ment personnel of the Department of Justice 20 (including the Drug Enforcement Administra- 21 tion and the Bureau of Alcohol, Tobacco, Fire- 22 arms and Explosives), the Department (includ- 23 ing U.S. Immigration and Customs Enforce- 24 ment and U.S. Customs and Border Protec- 25 tion), the United States Marshals Service, other EAS13500 S.L.C. 46 1 Federal agencies, the State of Arizona, tribes, 2 and local governments. 3 (2) STATE 4 (A) AND LOCAL LAW ENFORCEMENT.-- AUTHORIZATION OF APPROPRIA- 5 TIONS.--There 6 to the Department of Justice, during the 5-year 7 period beginning on the date of the enactment 8 of this Act, such sums as may be necessary to 9 purchase, through a competitive procurement 10 process, P25-compliant radios, which may in- 11 clude a multi-band option, for State and local 12 law enforcement agents working in the South- 13 west Border region. 14 is authorized to be appropriated (B) ACCESS TO FEDERAL SPECTRUM.--If 15 a State, tribal, or local law enforcement agency 16 in the Southwest Border region experiences an 17 emergency situation that necessitates immediate 18 communication with the Department of Justice, 19 the Department, the Department of the Inte- 20 rior, or any of their respective subagencies, 21 such law enforcement agency shall have access 22 to the spectrum assigned to such Federal agen- 23 cy for the duration of such emergency situation. EAS13500 S.L.C. 47 1 SEC. 1108. SOUTHWEST BORDER REGION PROSECUTION 2 INITIATIVE. (a) REIMBURSEMENT 3 4 ECUTORS FOR TO STATE FEDERALLY AND LOCAL PROS- INITIATED CRIMINAL 5 CASES.--The Attorney General shall reimburse State, 6 county, tribal, and municipal governments for costs associ7 ated with the prosecution and pre-trial detention of Feder8 ally initiated criminal cases declined by local offices of the 9 United States Attorneys. (b) AUTHORIZATION 10 OF APPROPRIATIONS.--There is 11 authorized to be appropriated such sums as may be nec12 essary to carry out subsection (a) during fiscal years 2014 13 through 2018 . 14 SEC. 1109. INTERAGENCY COLLABORATION. 15 The Assistant Secretary of Defense for Research and 16 Engineering shall collaborate with the Under Secretary of 17 Homeland Security for Science and Technology to identify 18 equipment and technology used by the Department of De19 fense that could be used by U.S. Customs and Border Pro20 tection to improve the security of the Southern border 21 by-- 22 (1) detecting border tunnels; 23 (2) detecting the use of ultralight aircraft; 24 (3) enhancing wide aerial surveillance; and 25 (4) otherwise improving the enforcement of 26 such border. EAS13500 S.L.C. 48 1 2 SEC. 1110. SCAAP REAUTHORIZATION. Section 241(i)(5)(C) (8 U.S.C. 1231(i)(5)) is amend- 3 ed by striking ''2011'' and inserting ''2015''. 4 5 SEC. 1111. USE OF FORCE. Not later than 180 days after the date of the enact- 6 ment of this Act, the Secretary, in consultation with the 7 Assistant Attorney General for the Civil Rights Division 8 of the Department of Justice, shall issue policies gov9 erning the use of force by all Department personnel that-- 10 11 12 (1) require all Department personnel to report each use of force; and (2) establish procedures for-- 13 (A) accepting and investigating complaints 14 regarding the use of force by Department per- 15 sonnel; 16 (B) disciplining Department personnel who 17 violate any law or Department policy relating to 18 the use of force; and 19 (C) reviewing all uses of force by Depart- 20 ment personnel to determine whether the use of 21 force-- (i) complied with Department policy; 22 23 24 25 or (ii) demonstrates the need for changes in policy, training, or equipment. EAS13500 S.L.C. 49 1 SEC. 1112. TRAINING FOR BORDER SECURITY AND IMMI- 2 GRATION ENFORCEMENT OFFICERS. 3 (a) IN GENERAL.--The Secretary shall ensure that 4 U.S. Customs and Border Protection officers, U.S. Border 5 Patrol officers, U.S. Immigration and Customs Enforce6 ment agents, and agriculture specialists stationed within 7 100 miles of any land or marine border of the United 8 States or at any United States port of entry receive appro9 priate training, which shall be prepared in collaboration 10 with the Assistant Attorney General for the Civil Rights 11 Division of the Department of Justice, in-- 12 13 14 15 (1) identifying and detecting fraudulent travel documents; (2) civil, constitutional, human, and privacy rights of individuals; 16 (3) the scope of enforcement authorities, includ- 17 ing interrogations, stops, searches, seizures, arrests, 18 and detentions; 19 20 (4) the use of force policies issued by the Secretary pursuant to section 1111; 21 (5) immigration laws, including screening, iden- 22 tifying, and addressing vulnerable populations, such 23 as children, victims of crime and human trafficking, 24 and individuals fleeing persecution or torture; 25 26 (6) social and cultural sensitivity toward border communities; EAS13500 S.L.C. 50 (7) the impact of border operations on commu- 1 2 nities; and (8) any particular environmental concerns in a 3 4 particular area. 5 (b) TRAINING FOR BORDER COMMUNITY LIAISON 6 OFFICERS.--The Secretary shall ensure that border com7 munities liaison officers in Border Patrol sectors along the 8 international borders between the United States and Mex9 ico and between the United States and Canada receive 10 training to better-- 11 (1) act as a liaison between border communities 12 and the Office for Civil Rights and Civil Liberties of 13 the Department and the Civil Rights Division of the 14 Department of Justice; (2) foster and institutionalize consultation with 15 16 border communities; 17 (3) consult with border communities on Depart- 18 ment programs, policies, strategies, and directives; 19 and 20 21 22 23 24 (4) receive Department performance assessments from border communities. SEC. 1113. DEPARTMENT OF HOMELAND SECURITY BORDER OVERSIGHT TASK FORCE. (a) ESTABLISHMENT.-- EAS13500 S.L.C. 51 1 (1) IN GENERAL.--There is established an inde- 2 pendent task force, which shall be known as the De- 3 partment of Homeland Security Border Oversight 4 Task Force (referred to in this section as the ''DHS 5 Task Force''). 6 (2) DUTIES.--The DHS Task Force shall-- 7 (A) review and make recommendations re- 8 garding immigration and border enforcement 9 policies, strategies, and programs that take into 10 consideration their impact on border commu- 11 nities; 12 (B) recommend ways in which the Border 13 Communities Liaison Offices can strengthen re- 14 lations and collaboration between communities 15 in the border regions and the Department, the 16 Department of Justice, and other Federal agen- 17 cies that carry out such policies, strategies, and 18 programs; 19 (C) evaluate how the policies, strategies, 20 and programs of Federal agencies operating 21 along the international borders between the 22 United States and Mexico and between the 23 United States and Canada protect the due proc- 24 ess, civil, and human rights of border residents, EAS13500 S.L.C. 52 1 visitors, and migrants at and near such borders; 2 and 3 (D) evaluate and make recommendations 4 regarding the training of border enforcement 5 personnel described in section 1112. 6 (3) MEMBERSHIP.-- 7 (A) IN GENERAL.--The DHS Task Force 8 shall be composed of 26 members, appointed by 9 the President, who have expertise in migration, 10 local crime indices, civil and human rights, 11 community relations, cross-border trade and 12 commerce, quality of life indicators, or other 13 pertinent experience, of whom-- 14 (i) 11 members shall be from the 15 Northern border region and shall include-- 16 (I) 2 local government elected of- 17 ficials; (II) 2 local law enforcement offi- 18 19 cial; 20 (III) 2 civil rights advocates; 21 (IV) 1 business representative; 22 (V) 1 higher education represent- 23 24 25 ative; (VI) 1 representative of a faith community; and EAS13500 S.L.C. 53 (VII) 2 representatives of U.S. 1 2 Border Patrol; and 3 (ii) 15 members shall be from the Southern border region and include-- 4 (I) 3 local government elected of- 5 ficials; 6 (II) 3 local law enforcement offi- 7 cials; 8 (III) 3 civil rights advocates; 9 10 (IV) 2 business representatives; 11 (V) 1 higher education representative; 12 (VI) 1 representative of a faith 13 community; and 14 (VII) 2 representatives of U.S. 15 Border Patrol. 16 (B) NONGOVERNMENTAL 17 APPOINTEES.-- 18 Individuals appointed as members of the DHS 19 Task Force may not be employed by the Fed- 20 eral Government. (C) TERM 21 OF SERVICE.--Members of the 22 Task Force shall be appointed for the shorter 23 of-- 24 (i) 3 years; or 25 (ii) the life of the DHS Task Force. EAS13500 S.L.C. 54 (D) CHAIR, 1 VICE CHAIR.--The members of 2 the DHS Task Force shall elect a Chair and a 3 Vice Chair from among its members, who shall 4 serve in such capacities for the life of the DHS 5 Task Force or until removed by the majority 6 vote of at least 14 members. 7 (b) OPERATIONS.-- 8 (1) HEARINGS.--The DHS Task Force may, 9 for the purpose of carrying out its duties, hold hear- 10 ings, sit and act, take testimony, receive evidence, 11 and administer oaths. 12 (2) RECOMMENDATIONS.--The DHS Task 13 Force may make findings or recommendations to the 14 Secretary related to the duties described in sub- 15 section (a)(2). 16 (3) RESPONSE.--Not later than 180 days after 17 receiving the findings and recommendations from 18 the DHS Task Force under paragraph (2), the Sec- 19 retary shall issue a response that describes how the 20 Department has addressed, or will address, such 21 findings and recommendations. 22 (4) INFORMATION FROM FEDERAL AGENCIES.-- 23 The Chair, or 16 members of the DHS Task Force, 24 may request statistics relating to the duties de- 25 scribed in subsection (a)(2) directly from any Fed- EAS13500 S.L.C. 55 1 eral agency, which shall, to the extent authorized by 2 law, furnish such information, suggestions, esti- 3 mates, and statistics directly to the DHS Task 4 Force. 5 (5) COMPENSATION.--Members of the DHS 6 Task Force shall serve without pay, but shall be re- 7 imbursed for reasonable travel and subsistence ex- 8 penses incurred in the performance of their duties. 9 (c) REPORT.--Not later than 2 years after its first 10 meeting, the DHS Task Force shall submit a final report 11 to the President, Congress, and the Secretary that con12 tains-- 13 14 (1) findings with respect to the duties of the DHS Task Force; and 15 (2) recommendations regarding border and im- 16 migration enforcement policies, strategies, and pro- 17 grams, including-- 18 (A) a recommendation as to whether the 19 DHS Task Force should continue to operate; 20 and 21 (B) a description of any duties the DHS 22 Task Force should be responsible for after the 23 termination date described in subsection (e). 24 (d) AUTHORIZATION OF APPROPRIATIONS.--There 25 are authorized to be appropriated such sums as may be EAS13500 S.L.C. 56 1 necessary to carry out this section for each of the fiscal 2 years 2014 through 2017. 3 (e) SUNSET.--The DHS Task Force shall terminate 4 operations 60 days after the date on which the DHS Task 5 Force submits the report described in subsection (c). 6 7 SEC. 1114. IMMIGRATION OMBUDSMAN. (a) IN GENERAL.--Section 452 of the Homeland Se- 8 curity Act (6 U.S.C. 272) is amended-- 9 10 11 12 (1) by amending the section heading to read as follows: ''SEC. 452. DEPARTMENT OF HOMELAND SECURITY IMMIGRATION OMBUDSMAN.''; 13 (2) in subsection (a), by striking ''Citizenship 14 and Immigration Services Ombudsman'' and insert- 15 ing ''DHS Immigration Ombudsman''; 16 (3) in subsection (c)(2), by striking ''Director 17 of the Bureau of Citizenship and Immigration Serv- 18 ices'' and inserting ''Director, U.S. Citizenship and 19 Immigration Services, the Assistant Secretary, U.S. 20 Immigration and Customs Enforcement, the Com- 21 missioner, U.S. Customs and Border Protection''; 22 (4) in subsections (d)(4) and (f), by striking 23 ''Director of the Bureau of Citizenship and Immi- 24 gration Services'' each place such term appears and 25 inserting ''Director, U.S. Citizenship and Immigra- EAS13500 S.L.C. 57 1 tion Services, the Assistant Secretary, U.S. Immi- 2 gration and Customs Enforcement, and the Commis- 3 sioner, U.S. Customs and Border Protection''; 4 (5) in subsection (f), by striking ''director'' 5 each place such term appears and inserting ''offi- 6 cial''; and 7 (6) by striking ''the Bureau of Citizenship and 8 Immigration Services'' each place it appears and in- 9 serting ''U.S. Citizenship and Immigration Services, 10 U.S. Immigration and Customs Enforcement, or 11 U.S. Customs and Border Protection''. 12 (b) CLERICAL AMENDMENT.--The table of contents 13 in section 1 of the Homeland Security Act (6 U.S.C. 101 14 et seq.) is amended by striking the item relating to section 15 452 and inserting the following: ''Sec. 452. Department of Homeland Security Immigration Ombudsman.''. 16 17 SEC. 1115. REPORTS. (a) REPORT ON CERTAIN BORDER MATTERS.--The 18 Secretary shall submit a report to the Committee on 19 Homeland Security and Governmental Affairs of the Sen20 ate and the Committee on Homeland Security of the 21 House of Representatives that sets forth-- 22 (1) the effectiveness rate (as defined in section 23 2(a)(4)) for each Border Patrol sector along the 24 Northern border and the Southern border; EAS13500 S.L.C. 58 1 2 (2) the number of miles along the Southern border that is under persistent surveillance; 3 (3) the monthly wait times per passenger, in- 4 cluding data on averages and peaks, for crossing the 5 Southern border, and the staffing of such border 6 crossings; and 7 (4) the allocations at each port of entry along 8 the Southern border. 9 (b) REPORT ON INTERAGENCY COLLABORATION.-- 10 The Under Secretary of Defense for Acquisition, Tech11 nology, and Logistics and the Under Secretary of Home12 land Security for Science and Technology shall jointly sub13 mit a report on the results of the interagency collaboration 14 under section 1109 to-- 15 16 17 18 19 20 21 22 23 24 (1) the Committee on Armed Services of the Senate; (2) the Committee on Homeland Security and Governmental Affairs of the Senate; (3) the Committee on Armed Services of the House of Representatives; and (4) the Committee on Homeland Security of the House of Representatives. SEC. 1116. SEVERABILITY. If any provision of this Act or any amendment made 25 by this Act, or any application of such provision or amend- EAS13500 S.L.C. 59 1 ment to any person or circumstance, is held to be uncon2 stitutional, the remainder of the provisions of this Act and 3 the amendments made by this Act and the application of 4 the provision or amendment to any other person or cir5 cumstance shall not be affected. 9 TITLE II--IMMIGRANT VISAS Subtitle A--Registration and Adjustment of Registered Provisional Immigrants 10 SEC. 2101. REGISTERED PROVISIONAL IMMIGRANT STATUS. 11 (a) AUTHORIZATION.--Chapter 5 of title II (8 U.S.C. 6 7 8 12 1255 et seq.) is amended by inserting after section 245A 13 the following: 14 ''SEC. 245B. ADJUSTMENT OF STATUS OF ELIGIBLE EN- 15 TRANTS BEFORE DECEMBER 31, 2011, TO 16 THAT OF REGISTERED PROVISIONAL IMMI- 17 GRANT. 18 ''(a) IN GENERAL.--Notwithstanding any other pro- 19 vision of law, the Secretary of Homeland Security (re20 ferred to in this section as the 'Secretary'), after con21 ducting the national security and law enforcement clear22 ances required under subsection (c)(8), may grant reg23 istered provisional immigrant status to an alien who-- 24 25 ''(1) meets the eligibility requirements set forth in subsection (b); EAS13500 S.L.C. 60 1 ''(2) submits a completed application before the 2 end of the period set forth in subsection (c)(3); and 3 ''(3) has paid the fee required under subsection 4 (c)(10)(A) and the penalty required under sub- 5 section (c)(10)(C), if applicable. 6 ''(b) ELIGIBILITY REQUIREMENTS.-- 7 ''(1) IN GENERAL.--An alien is not eligible for 8 registered provisional immigrant status unless the 9 alien establishes, by a preponderance of the evidence, 10 that the alien meets the requirements set forth in 11 this subsection. 12 13 ''(2) PHYSICAL ''(A) IN PRESENCE.-- GENERAL.--The alien-- 14 ''(i) shall be physically present in the 15 United States on the date on which the 16 alien submits an application for registered 17 provisional immigrant status; 18 ''(ii) shall have been physically 19 present in the United States on or before 20 December 31, 2011; and 21 ''(iii) shall have maintained contin- 22 uous physical presence in the United 23 States from December 31, 2011, until the 24 date on which the alien is granted status EAS13500 S.L.C. 61 1 as a registered provisional immigrant 2 under this section. 3 ''(B) BREAK 4 ''(i) IN IN PHYSICAL PRESENCE.-- GENERAL.--Except as pro- 5 vided in clause (ii), an alien who is absent 6 from the United States without authoriza- 7 tion after the date of the enactment of this 8 section does not meet the continuous phys- 9 ical presence requirement set forth in sub- 10 paragraph (A)(iii). 11 ''(ii) EXCEPTION.--An alien who de- 12 parted from the United States after De- 13 cember 31, 2011 will not be considered to 14 have failed to maintain continuous pres- 15 ence in the United States if the alien's ab- 16 sences from the United States are brief, 17 casual, and innocent whether or not such 18 absences were authorized by the Secretary. 19 20 ''(3) GROUNDS ''(A) IN FOR INELIGIBILITY.-- GENERAL.--Except as provided in 21 subparagraph (B), an alien is ineligible for reg- 22 istered provisional immigrant status if the Sec- 23 retary determines that the alien-- 24 ''(i) has a conviction for-- EAS13500 S.L.C. 62 1 ''(I) an offense classified as a fel- 2 ony in the convicting jurisdiction 3 (other than a State or local offense 4 for which an essential element was the 5 alien's immigration status or a viola- 6 tion of this Act); 7 ''(II) an aggravated felony (as 8 defined in section 101(a)(43) at the 9 time of the conviction); 10 ''(III) 3 or more misdemeanor of- 11 fenses (other than minor traffic of- 12 fenses or State or local offenses for 13 which an essential element was the 14 alien's immigration status or a viola- 15 tion of this Act) if the alien was con- 16 victed on different dates for each of 17 the 3 offenses; 18 ''(IV) any offense under foreign 19 law, except for a purely political of- 20 fense, which, if the offense had been 21 committed 22 would render the alien inadmissible 23 under section 212(a) (excluding the 24 paragraphs set forth in clause (ii)) or 25 removable under section 237(a), ex- in the United States, EAS13500 S.L.C. 63 1 cept as provided in paragraph (3) of 2 section 237(a); ''(V) unlawful voting (as defined 3 4 in section 237(a)(6)); 5 ''(ii) is admissible under section 6 212(a), except that in determining an 7 alien's admissibility-- 8 ''(I) paragraphs (4), (5), (7), and 9 (9)(B) of section 212(a) shall not 10 apply; 11 ''(II) subparagraphs (A), (C), 12 (D), (F), and (G) of section 212(a)(6) 13 and paragraphs (9)(C) and (10)(B) of 14 section 212(a) shall not apply unless 15 based on the act of unlawfully enter- 16 ing the United States after the date 17 of the enactment of the Border Secu- 18 rity, Economic Opportunity, and Im- 19 migration Modernization Act; and 20 ''(III) paragraphs (6)(B) and 21 (9)(A) of section 212(a) shall not 22 apply unless the relevant conduct 23 began on or after the date on which 24 the alien files an application for reg- EAS13500 S.L.C. 64 1 istered provisional immigrant status 2 under this section; 3 ''(iii) the Secretary knows or has rea- 4 sonable grounds to believe, is engaged in or 5 is likely to engage after entry in any ter- 6 rorist activity (as defined in section 7 212(a)(3)(B)(iv)); or 8 9 10 11 ''(iv) was, on the date on which this Act was introduced in the Senate-- ''(I) an alien lawfully admitted for permanent residence; 12 ''(II) an alien admitted as a ref- 13 ugee under section 207 or granted 14 asylum under section 208; or 15 ''(III) an alien who, according to 16 the records of the Secretary or the 17 Secretary of State, is lawfully present 18 in the United States in any non- 19 immigrant status (other than an alien 20 considered to be a nonimmigrant sole- 21 ly due to the application of section 22 244(f)(4) or the amendment made by 23 section 702 of the Consolidated Nat- 24 ural Resources Act of 2008 (Public 25 Law 110-229)), notwithstanding any EAS13500 S.L.C. 65 1 unauthorized employment or other 2 violation of nonimmigrant status. 3 ''(B) WAIVER.-- 4 ''(i) IN GENERAL.--The Secretary 5 may waive the application of subparagraph 6 (A)(i)(III) or any provision of section 7 212(a) that is not listed in clause (ii) on 8 behalf of an alien for humanitarian pur- 9 poses, to ensure family unity, or if such a 10 waiver is otherwise in the public interest. 11 Any 12 grounds of inadmissibility under section 13 212(a) conferred under any other provision 14 of this Act shall apply equally to aliens 15 seeking registered provisional status under 16 this section. discretionary authority to waive 17 ''(ii) EXCEPTIONS.--The discretionary 18 authority under clause (i) may not be used 19 to waive-- 20 ''(I) subparagraph (B), (C), 21 (D)(ii), (E), (G), (H), or (I) of section 22 212(a)(2); 23 ''(II) section 212(a)(3); 24 ''(III) subparagraph (A), (C), 25 (D), or (E) of section 212(a)(10); or EAS13500 S.L.C. 66 1 ''(IV) with respect to misrepre- 2 sentations relating to the application 3 for registered provisional immigrant 4 status, section 212(a)(6)(C)(i). 5 ''(C) CONVICTION EXPLAINED.--For pur- 6 poses of this paragraph, the term 'conviction' 7 does not include a judgment that has been ex- 8 punged, set aside, or the equivalent. 9 ''(D) RULE OF CONSTRUCTION.--Nothing 10 in this paragraph may be construed to require 11 the Secretary to commence removal proceedings 12 against an alien. 13 ''(4) APPLICABILITY OF OTHER PROVISIONS.-- 14 Sections 208(d)(6) and 240B(d) shall not apply to 15 any alien filing an application for registered provi- 16 sional immigrant status under this section. 17 ''(5) DEPENDENT 18 ''(A) IN SPOUSE AND CHILDREN.-- GENERAL.--Notwithstanding any 19 other provision of law, the Secretary shall clas- 20 sify the spouse or child of a registered provi- 21 sional immigrant as a registered provisional im- 22 migrant dependent if the spouse or child-- 23 24 ''(i) is physically present in the United States-- EAS13500 S.L.C. 67 1 ''(I) on the date on which the 2 registered provisional immigrant is 3 granted such status; and ''(II) on or before December 30, 4 5 2012; 6 ''(ii) meets all of the eligibility re- 7 quirements set forth in this subsection, 8 other than the requirements of clause (ii) 9 or (iii) of paragraph (2). 10 ''(B) EFFECT OF TERMINATION OF LEGAL 11 RELATIONSHIP.--If 12 lationship between an alien who is granted reg- 13 istered provisional immigrant status under this 14 section and the alien's child is terminated, the 15 spouse or child may apply for classification as 16 a registered provisional immigrant dependent if 17 the termination of the relationship with such 18 parent was due to death, divorce, or otherwise 19 connected to domestic violence, notwithstanding 20 subsection (c)(3). 21 ''(C) EFFECT the spousal or parental re- OF DISQUALIFICATION OF 22 PARENT.--If the application of a spouse or par- 23 ent for registered provisional immigrant status 24 is terminated or revoked, the husband, wife, or 25 child of that spouse or parent shall be eligible EAS13500 S.L.C. 68 1 to apply for registered provisional immigrant 2 status independent of the parent notwith- 3 standing subsection (c)(3). 4 ''(c) APPLICATION PROCEDURES.-- 5 ''(1) IN GENERAL.--An alien, or the dependent 6 spouse or child of such alien, who meets the eligi- 7 bility requirements set forth in subsection (b) may 8 apply for status as a registered provisional immi- 9 grant or a registered provisional immigrant depend- 10 ent, as applicable, by submitting a completed appli- 11 cation form to the Secretary during the application 12 period set forth in paragraph (3), in accordance with 13 the final rule promulgated by the Secretary under 14 the Border Security, Economic Opportunity, and 15 Immigration Modernization Act. An applicant for 16 registered provisional immigrant status shall be 17 treated as an applicant for admission. 18 19 ''(2) PAYMENT ''(A) IN OF TAXES.-- GENERAL.--An alien may not file 20 an application for registered provisional immi- 21 grant status under paragraph (1) unless the ap- 22 plicant has satisfied any applicable Federal tax 23 liability. 24 25 ''(B) DEFINITION OF APPLICABLE FED- ERAL TAX LIABILITY.--In this paragraph, the EAS13500 S.L.C. 69 1 term 'applicable Federal tax liability' means all 2 Federal income taxes assessed in accordance 3 with section 6203 of the Internal Revenue Code 4 of 1986. ''(C) DEMONSTRATION 5 OF COMPLIANCE.-- 6 An applicant may demonstrate compliance with 7 this paragraph by submitting appropriate docu- 8 mentation, in accordance with regulations pro- 9 mulgated by the Secretary, in consultation with 10 the Secretary of the Treasury. 11 ''(3) APPLICATION 12 ''(A) INITIAL PERIOD.-- PERIOD.--Except as provided 13 in subparagraph (B), the Secretary may only 14 accept applications for registered provisional 15 immigrant status from aliens in the United 16 States during the 1-year period beginning on 17 the date on which the final rule is published in 18 the Federal Register pursuant to paragraph 19 (1). 20 ''(B) EXTENSION.--If the Secretary deter- 21 mines, during the initial period described in 22 subparagraph (A), that additional time is re- 23 quired to process applications for registered 24 provisional immigrant status or for other good 25 cause, the Secretary may extend the period for EAS13500 S.L.C. 70 1 accepting applications for such status for an 2 additional 18 months. 3 ''(4) APPLICATION 4 FORM.-- ''(A) REQUIRED INFORMATION.--The ap- 5 plication form referred to in paragraph (1) shall 6 collect such information as the Secretary deter- 7 mines necessary and appropriate. 8 ''(B) FAMILY APPLICATION.--The Sec- 9 retary shall establish a process through which 10 an alien may submit a single application under 11 this section on behalf of the alien, his or her 12 spouse, and his or her children, who are resid- 13 ing in the United States. 14 ''(C) INTERVIEW.--The Secretary may 15 interview applicants for registered provisional 16 immigrant status under this section to deter- 17 mine whether they meet the eligibility require- 18 ments set forth in subsection (b). 19 ''(5) ALIENS APPREHENDED BEFORE OR DUR- 20 ING THE APPLICATION PERIOD.--If an alien who is 21 apprehended during the period beginning on the 22 date of the enactment of the Border Security, Eco- 23 nomic Opportunity, and Immigration Modernization 24 Act and the end of the application period described 25 in paragraph (3) appears prima facie eligible for EAS13500 S.L.C. 71 1 registered provisional immigrant status, to the satis- 2 faction of the Secretary, the Secretary-- 3 ''(A) shall provide the alien with a reason- 4 able opportunity to file an application under 5 this section during such application period; and 6 ''(B) may not remove the individual until 7 a final administrative determination is made on 8 the application. 9 ''(6) ELIGIBILITY 10 ''(A) IN AFTER DEPARTURE.-- GENERAL.--An alien who departed 11 from the United States while subject to an 12 order of exclusion, deportation, or removal, or 13 pursuant to an order of voluntary departure 14 and who is outside of the United States, or who 15 has reentered the United States illegally after 16 December 31, 2011 without receiving the Sec- 17 retary's consent to reapply for admission under 18 section 212(a)(9), shall not be eligible to file an 19 application for registered provisional immigrant 20 status. 21 ''(B) WAIVER.--The Secretary, in the Sec- 22 retary's sole and unreviewable discretion, may 23 waive the application of subparagraph (A) on 24 behalf of an alien if the alien-- EAS13500 S.L.C. 72 1 ''(i) is the spouse or child of a United 2 States citizen or lawful permanent resi- 3 dent; 4 ''(ii) is the parent of a child who is a 5 United States citizen or lawful permanent 6 resident; ''(iii) meets the requirements set forth 7 8 in clause (ii) 9 and (iii) of section 245D(b)(1)(A); or 10 ''(iv) meets the requirements set forth 11 in section 245D(b)(1)(A)(ii), is 16 years or 12 older on the date on which the alien ap- 13 plies for registered provisional immigrant 14 status, and was physically present in the 15 United States for an aggregate period of 16 not less than 3 years during the 6-year pe- 17 riod immediately preceding the date of the 18 enactment of the Border Security, Eco- 19 nomic Opportunity, and Immigration Mod- 20 ernization Act. 21 ''(C) ELIGIBILITY.--Notwithstanding sub- 22 section (b)(2), section 241(a)(5), or a prior 23 order of exclusion, deportation, or removal, an 24 alien described in subparagraph (B) who is oth- 25 erwise eligible for registered provisional immi- EAS13500 S.L.C. 73 1 grant status may file an application for such 2 status. 3 ''(7) SUSPENSION 4 5 OF REMOVAL DURING APPLI- CATION PERIOD.-- ''(A) PROTECTION FROM DETENTION OR 6 REMOVAL.--A registered provisional immigrant 7 may not be detained by the Secretary or re- 8 moved from the United States, unless-- ''(i) the Secretary determines that-- 9 10 ''(I) such alien is, or has become, 11 ineligible for registered provisional im- 12 migrant 13 (b)(3); or status under subsection 14 ''(II) the alien's registered provi- 15 sional immigrant status has been re- 16 voked under subsection (d)(2). 17 ''(B) ALIENS IN 18 CEEDINGS.--Notwithstanding 19 REMOVAL PRO- any other provi- sion of this Act-- 20 ''(i) if the Secretary determines that 21 an alien, during the period beginning on 22 the date of the enactment of this section 23 and ending on the last day of the applica- 24 tion period described in paragraph (3), is 25 in removal, deportation, or exclusion pro- EAS13500 S.L.C. 74 1 ceedings before the Executive Office for 2 Immigration Review and is prima facie eli- 3 gible for registered provisional immigrant 4 status under this section-- 5 ''(I) the Secretary shall provide 6 the alien with the opportunity to file 7 an application for such status; and 8 ''(II) upon motion by the Sec- 9 retary and with the consent of the 10 alien or upon motion by the alien, the 11 Executive Office for Immigration Re- 12 view shall-- 13 ''(aa) terminate such pro- 14 ceedings without prejudice to fu- 15 ture proceedings on any basis; 16 and 17 ''(bb) provide the alien a 18 reasonable opportunity to apply 19 for such status; and 20 ''(ii) if the Executive Office for Immi- 21 gration Review determines that an alien, 22 during the application period described in 23 paragraph (3), is in removal, deportation, 24 or exclusion proceedings before the Execu- 25 tive Office for Immigration Review and is EAS13500 S.L.C. 75 1 prima facie eligible for registered provi- 2 sional immigrant status under this sec- 3 tion-- 4 ''(I) the Executive Office of Im- 5 migration Review shall notify the Sec- 6 retary of such determination; and 7 ''(II) if the Secretary does not 8 dispute the determination of prima 9 facie eligibility within 7 days after 10 such notification, the Executive Office 11 for Immigration Review, upon consent 12 of the alien, shall-- 13 ''(aa) terminate such pro- 14 ceedings without prejudice to fu- 15 ture proceedings on any basis; 16 and 17 ''(bb) permit the alien a rea- 18 sonable opportunity to apply for 19 such status. 20 ''(C) TREATMENT 21 ''(i) IN OF CERTAIN ALIENS.-- GENERAL.--If an alien who 22 meets the eligibility requirements set forth 23 in subsection (b) is present in the United 24 States and has been ordered excluded, de- 25 ported, or removed, or ordered to depart EAS13500 S.L.C. 76 1 voluntarily from the United States under 2 any provision of this Act-- 3 ''(I) notwithstanding such order 4 or section 241(a)(5), the alien may 5 apply for registered provisional immi- 6 grant status under this section; and 7 ''(II) if the alien is granted such 8 status, the alien shall file a motion to 9 reopen the exclusion, deportation, re- 10 moval, or voluntary departure order, 11 which motion shall be granted unless 12 1 or more of the grounds of ineligi- 13 bility is established by clear and con- 14 vincing evidence. 15 ''(ii) LIMITATIONS ON MOTIONS TO 16 REOPEN.--The 17 reopen set forth in section 240(c)(7) shall 18 not apply to motions filed under clause 19 (i)(II). 20 ''(D) PERIOD 21 ''(i) IN PENDING ADJUDICATION OF APPLICATION.-- 22 limitations on motions to GENERAL.--During the period 23 beginning on the date on which an alien 24 applies for registered provisional immi- 25 grant status under paragraph (1) and the EAS13500 S.L.C. 77 1 date on which the Secretary makes a final 2 decision regarding such application, the 3 alien-- 4 ''(I) may receive advance parole 5 to reenter the United States if urgent 6 humanitarian circumstances compel 7 such travel; 8 ''(II) may not be detained by the 9 Secretary or removed from the United 10 States unless the Secretary makes a 11 prima facie determination that such 12 alien is, or has become, ineligible for 13 registered provisional immigrant sta- 14 tus under subsection (b)(3); 15 ''(III) shall not be considered un- 16 lawfully present for purposes of sec- 17 tion 212(a)(9)(B); and 18 ''(IV) shall not be considered an 19 unauthorized alien (as defined in sec- 20 tion 274A(h)(3)). 21 ''(ii) EVIDENCE OF APPLICATION FIL- 22 ING.--As soon as practicable after receiv- 23 ing each application for registered provi- 24 sional immigrant status, the Secretary 25 shall provide the applicant with a docu- EAS13500 S.L.C. 78 1 ment acknowledging the receipt of such ap- 2 plication. ''(iii) CONTINUING 3 EMPLOYMENT.-- 4 An employer who knows that an alien em- 5 ployee is an applicant for registered provi- 6 sional immigrant status or will apply for 7 such status once the application period 8 commences is not in violation of section 9 274A(a)(2) if the employer continues to 10 employ the alien pending the adjudication 11 of the alien employee's application. ''(iv) EFFECT 12 OF DEPARTURE.--Sec- 13 tion 101(g) shall not apply to an alien 14 granted-- 15 ''(I) advance parole under clause 16 (i)(I) to reenter the United States; or 17 ''(II) registered provisional immigrant status. 18 19 20 21 ''(8) SECURITY AND LAW ENFORCEMENT CLEARANCES.-- ''(A) BIOMETRIC AND BIOGRAPHIC 22 DATA.--The Secretary may not grant registered 23 provisional immigrant status to an alien or an 24 alien dependent spouse or child under this sec- 25 tion unless such alien submits biometric and EAS13500 S.L.C. 79 1 biographic data in accordance with procedures 2 established by the Secretary. 3 ''(B) ALTERNATIVE PROCEDURES.--The 4 Secretary shall provide an alternative procedure 5 for applicants who cannot provide the standard 6 biometric data required under subparagraph 7 (A) because of a physical impairment. 8 ''(C) CLEARANCES.-- 9 ''(i) DATA COLLECTION.--The Sec- 10 retary shall collect, from each alien apply- 11 ing for status under this section, biometric, 12 biographic, and other data that the Sec- 13 retary determines to be appropriate-- ''(I) to conduct national security 14 15 and law enforcement clearances; and 16 ''(II) to determine whether there 17 are any national security or law en- 18 forcement factors that would render 19 an alien ineligible for such status. 20 ''(ii) PREREQUISITE.--The required 21 clearances described in clause (i)(I) shall 22 be completed before the alien may be 23 granted registered provisional immigrant 24 status. 25 ''(9) DURATION OF STATUS AND EXTENSION.-- EAS13500 S.L.C. 80 1 ''(A) IN GENERAL.--The initial period of 2 authorized admission for a registered provi- 3 sional immigrant-- 4 ''(i) shall remain valid for 6 years un- 5 less revoked pursuant to subsection (d)(2); 6 and 7 8 ''(ii) may be extended for additional 6-year terms if-- 9 ''(I) the alien remains eligible for 10 registered provisional immigrant sta- 11 tus; 12 ''(II) the alien meets the employ- 13 ment requirements set forth in sub- 14 paragraph (B); and 15 ''(III) such status was not re- 16 voked by the Secretary for any reason. 17 ''(B) EMPLOYMENT OR EDUCATION RE- 18 QUIREMENT.--Except as provided in subpara- 19 graphs (D) and (E) of section 245C(b)(3), an 20 alien may not be granted an extension of reg- 21 istered provisional immigrant status under this 22 paragraph unless the alien establishes that, 23 during the alien's period of status as a reg- 24 istered provisional immigrant, the alien-- EAS13500 S.L.C. 81 1 ''(i)(I) was regularly employed 2 throughout the period of admission as a 3 registered provisional immigrant, allowing 4 for brief periods lasting not more than 60 5 days; and 6 ''(II) is not likely to become a public 7 charge (as determined 8 under section 212(a)(4)); or 9 ''(ii) is able to demonstrate average 10 income or resources that are not less than 11 100 percent of the Federal poverty level 12 throughout the period of admission as a 13 registered provisional immigrant. 14 ''(C) PAYMENT OF TAXES.--An applicant 15 may not be granted an extension of registered 16 provisional immigrant status under subpara- 17 graph (A)(ii) unless the applicant has satisfied 18 any applicable Federal tax liability in accord- 19 ance with paragraph (2). 20 ''(10) FEES AND PENALTIES.-- 21 ''(A) STANDARD 22 ''(i) IN PROCESSING FEE.-- GENERAL.--Aliens who are 16 23 years of age or older and are applying for 24 registered provisional immigrant status 25 under paragraph (1), or for an extension EAS13500 S.L.C. 82 1 of such status under paragraph (9)(A)(ii), 2 shall pay a processing fee to the Depart- 3 ment of Homeland Security in an amount 4 determined by the Secretary. 5 ''(ii) RECOVERY OF COSTS.--The 6 processing fee authorized under clause (i) 7 shall be set at a level that is sufficient to 8 recover the full costs of processing the ap- 9 plication, including any costs incurred-- 10 ''(I) to adjudicate the application; 11 ''(II) to take and process bio- 12 metrics; 13 ''(III) to perform national secu- 14 rity and criminal checks, including ad- 15 judication; 16 17 18 ''(IV) to prevent and investigate fraud; and ''(V) to administer the collection 19 of such fee. 20 ''(iii) AUTHORITY 21 TO LIMIT FEES.-- The Secretary, by regulation, may-- 22 ''(I) limit the maximum proc- 23 essing fee payable under this subpara- 24 graph by a family, including spouses EAS13500 S.L.C. 83 1 and unmarried children younger than 2 21 years of age; and 3 ''(II) exempt defined classes of 4 individuals, including individuals de- 5 scribed in section 245B(c)(13), from 6 the payment of the fee authorized 7 under clause (i). 8 9 10 11 ''(B) DEPOSIT FEES.--Fees AND USE OF PROCESSING collected under subparagraph (A)(i)-- ''(i) shall be deposited into the Com- 12 prehensive 13 Fund established under section 6(a)(1) of 14 the Border Security, Economic Oppor- 15 tunity, and Immigration Modernization 16 Act; and 17 Immigration Reform Trust ''(ii) may be used for the purposes set 18 forth in section 6(a)(3)(B) of such Act. 19 ''(C) PENALTY.-- 20 ''(i) PAYMENT.--In addition to the 21 processing fee required under subpara- 22 graph (A), aliens not described in section 23 245D who are 21 years of age or older and 24 are filing an application under this sub- EAS13500 S.L.C. 84 1 section shall pay a $1,000 penalty to the 2 Department of Homeland Security. 3 ''(ii) INSTALLMENTS.--The Secretary 4 shall establish a process for collecting pay- 5 ments required under clause (i) that-- 6 ''(I) requires the alien to pay 7 $500 in conjunction with the submis- 8 sion of an application under this sub- 9 section for registered provisional im- 10 migrant status; and 11 ''(II) allows the remaining $500 12 to be paid in periodic installments 13 that shall be completed before the 14 alien may be granted an extension of 15 status under paragraph (9)(A)(ii). 16 ''(iii) DEPOSIT.--Penalties collected 17 pursuant to this subparagraph shall be de- 18 posited into the Comprehensive Immigra- 19 tion Reform Trust Fund established under 20 section 6(a)(1) of the Border Security, 21 Economic Opportunity, and Immigration 22 Modernization Act. 23 ''(11) ADJUDICATION.-- 24 ''(A) FAILURE 25 EVIDENCE.--The TO SUBMIT SUFFICIENT Secretary shall deny an appli- EAS13500 S.L.C. 85 1 cation submitted by an alien who fails to sub- 2 mit-- ''(i) requested initial evidence, includ- 3 4 ing requested biometric data; or ''(ii) any requested additional evidence 5 6 by the date required by the Secretary. 7 ''(B) AMENDED APPLICATION.--An alien 8 whose application for registered provisional im- 9 migrant status is denied under subparagraph 10 (A) may file an amended application for such 11 status to the Secretary if the amended applica- 12 tion-- 13 14 ''(i) is filed within the application period described in paragraph (3); and 15 ''(ii) contains all the required informa- 16 tion and fees that were missing from the 17 initial application. 18 19 20 ''(12) EVIDENCE OF REGISTERED PROVISIONAL IMMIGRANT STATUS.-- ''(A) IN GENERAL.--The Secretary shall 21 issue documentary evidence of registered provi- 22 sional immigrant status to each alien whose ap- 23 plication for such status has been approved. EAS13500 S.L.C. 86 1 ''(B) DOCUMENTATION FEATURES.--Docu- 2 mentary evidence provided under subparagraph 3 (A)-- 4 ''(i) shall be machine-readable and 5 tamper-resistant, and 6 shall contain a digitized photograph; 7 ''(ii) shall, during the alien's author- 8 ized period of admission, and any exten- 9 sion of such authorized admission, serve as 10 a valid travel and entry document for the 11 purpose of applying for admission to the 12 United States; 13 ''(iii) may be accepted during the pe- 14 riod of its validity by an employer as evi- 15 dence of employment authorization and 16 identity under section 274A(b)(1)(B); 17 ''(iv) shall indicate that the alien is 18 authorized to work in the United States 19 for up to 3 years; and 20 ''(v) shall include such other features 21 and information as may be prescribed by 22 the Secretary. 23 ''(13) DACA RECIPIENTS.--Unless the Secretary 24 determines that an alien who was granted Deferred 25 Action for Childhood Arrivals (referred to in this EAS13500 S.L.C. 87 1 paragraph as 'DACA') pursuant to the Secretary's 2 memorandum of June 15, 2012, has engaged in con- 3 duct since the alien was granted DACA that would 4 make the alien ineligible for registered provisional 5 immigrant status, the Secretary may grant such sta- 6 tus to the alien if renewed national security and law 7 enforcement clearances have been completed on be- 8 half of the alien. 9 ''(d) TERMS 10 AND VISIONAL IMMIGRANT CONDITIONS OF REGISTERED PRO- STATUS.-- 11 ''(1) CONDITIONS 12 IMMIGRANT STATUS.-- 13 OF REGISTERED PROVISIONAL ''(A) EMPLOYMENT.--Notwithstanding any 14 other 15 241(a)(7), a registered provisional immigrant 16 shall be authorized to be employed in the 17 United States while in such status. 18 provision ''(B) of TRAVEL law, including OUTSIDE THE section UNITED 19 STATES.--A 20 may travel outside of the United States and 21 may be admitted, if otherwise admissible, upon 22 returning to the United States without having 23 to obtain a visa if-- 24 registered provisional immigrant ''(i) the alien is in possession of-- EAS13500 S.L.C. 88 1 ''(I) valid, unexpired documen- 2 tary evidence of registered provisional 3 immigrant status that complies with 4 subsection (c)(12); or 5 ''(II) a travel document, duly ap- 6 proved by the Secretary, that was 7 issued to the alien after the alien's 8 original documentary evidence was 9 lost, stolen, or destroyed; 10 ''(ii) the alien's absence from the 11 United States did not exceed 180 days, un- 12 less the alien's failure to timely return was 13 due to extenuating circumstances beyond 14 the alien's control; 15 ''(iii) the alien meets the requirements 16 for an extension as described in subclauses 17 (I) and (III) of paragraph (9)(A); and 18 ''(iv) the alien establishes that the 19 alien is not inadmissible under subpara- 20 graph (A)(i), (A)(iii), (B), or (C) of section 21 212(a)(3). 22 ''(C) ADMISSION.--An alien granted reg- 23 istered provisional immigrant status under this 24 section shall be considered to have been admit- 25 ted and lawfully present in the United States in EAS13500 S.L.C. 89 1 such status as of the date on which the alien's 2 application was filed. 3 ''(D) CLARIFICATION OF STATUS.--An 4 alien granted registered provisional immigrant 5 status-- ''(i) is lawfully admitted to the United 6 7 States; and 8 ''(ii) may not be classified as a non- 9 immigrant or as an alien who has been 10 lawfully admitted for permanent residence. 11 12 ''(2) REVOCATION.-- ''(A) IN GENERAL.--The Secretary may re- 13 voke the status of a registered provisional immi- 14 grant at any time after providing appropriate 15 notice to the alien, and after the exhaustion or 16 waiver of all applicable administrative review 17 procedures under section 245E(c), if the 18 alien-- 19 20 ''(i) no longer meets the eligibility requirements set forth in subsection (b); 21 ''(ii) knowingly used documentation 22 issued under this section for an unlawful 23 or fraudulent purpose; or 24 25 ''(iii) was absent from the United States-- EAS13500 S.L.C. 90 1 ''(I) for any single period longer 2 than 180 days in violation of the re- 3 quirements set forth in paragraph 4 (1)(B)(ii); or 5 ''(II) for more than 180 days in 6 the aggregate during any calendar 7 year, unless the alien's failure to time- 8 ly return was due to extenuating cir- 9 cumstances beyond the alien's control. 10 ''(B) ADDITIONAL EVIDENCE.--In deter- 11 mining whether to revoke an alien's status 12 under subparagraph (A), the Secretary may re- 13 quire the alien-- 14 ''(i) to submit additional evidence; or 15 ''(ii) to appear for an interview. 16 ''(C) 17 TION.--If 18 migrant status is revoked under subparagraph 19 (A), any documentation issued by the Secretary 20 to such alien under subsection (c)(12) shall 21 automatically be rendered invalid for any pur- 22 pose except for departure from the United 23 States. 24 ''(3) INELIGIBILITY 25 INVALIDATION OF DOCUMENTA- an alien's registered provisional im- FOR PUBLIC BENEFITS.-- An alien who has been granted registered provisional EAS13500 S.L.C. 91 1 immigrant status under this section is not eligible 2 for any Federal means-tested public benefit (as such 3 term is defined in section 403 of the Personal Re- 4 sponsibility and Work Opportunity Reconciliation 5 Act of 1996 (8 U.S.C. 1613)). 6 ''(4) TREATMENT OF REGISTERED PROVISIONAL 7 IMMIGRANTS.--A noncitizen granted registered pro- 8 visional immigrant status under this section shall be 9 considered lawfully present in the United States for 10 all purposes while such noncitizen remains in such 11 status, except that the noncitizen-- 12 ''(A) is not entitled to the premium assist- 13 ance tax credit authorized under section 36B of 14 the Internal Revenue Code of 1986; 15 ''(B) shall be subject to the rules applica- 16 ble to individuals not lawfully present that are 17 set forth in subsection (e) of such section; and 18 ''(C) shall be subject to the rules applicable 19 to individuals not lawfully present that are set 20 forth in section 1402(e) of the Patient Protec- 21 tion and Affordable Care Act (42 U.S.C. 22 18071). 23 ''(5) ASSIGNMENT 24 BER.-- OF SOCIAL SECURITY NUM- EAS13500 S.L.C. 92 1 ''(A) IN GENERAL.--The Commissioner of 2 Social Security, in coordination with the Sec- 3 retary, shall implement a system to allow for 4 the assignment of a Social Security number and 5 the issuance of a Social Security card to each 6 alien who has been granted registered provi- 7 sional immigrant status under this section. 8 ''(B) USE OF INFORMATION.--The Sec- 9 retary shall provide the Commissioner of Social 10 Security with information from the applications 11 filed by aliens granted registered provisional im- 12 migrant status under this section and such 13 other information as the Commissioner deter- 14 mines to be necessary to assign a Social Secu- 15 rity account number to such aliens. The Com- 16 missioner may use information received from 17 the Secretary under this subparagraph to as- 18 sign Social Security account numbers to such 19 aliens and to administer the programs of the 20 Social Security Administration. The Commis- 21 sioner may maintain, use, and disclose such in- 22 formation only as permitted under section 552a 23 of title 5, United States Code (commonly known 24 as the Privacy Act of 1974) and other applica- 25 ble Federal laws. EAS13500 S.L.C. 93 1 2 ''(e) DISSEMINATION ISTERED OF INFORMATION ON REG- PROVISIONAL IMMIGRANT PROGRAM.--As soon 3 as practicable after the date of the enactment of the Bor4 der Security, Economic Opportunity, and Immigration 5 Modernization Act, the Secretary, in cooperation with en6 tities approved by the Secretary, and in accordance with 7 a plan adopted by the Secretary, shall broadly dissemi8 nate, in the most common languages spoken by aliens who 9 would qualify for registered provisional immigrant status 10 under this section, to television, radio, print, and social 11 media to which such aliens would likely have access-- ''(1) the procedures for applying for such sta- 12 13 tus; ''(2) the terms and conditions of such status; 14 15 16 and ''(3) the eligibility requirements for such sta- 17 tus.''. 18 (b) ENLISTMENT IN THE ARMED FORCES.--Section 19 504(b)(1) of title 10, United States Code, is amended by 20 adding at the end the following: 21 ''(D) An alien who has been granted registered 22 provisional immigrant status under section 245B of 23 the Immigration and Nationality Act.''. EAS13500 S.L.C. 94 1 SEC. 2102. ADJUSTMENT OF STATUS OF REGISTERED PRO- 2 3 VISIONAL IMMIGRANTS. (a) IN GENERAL.--Chapter 5 of title II (8 U.S.C. 4 1255 et seq.) is amended by inserting after section 245B, 5 as added by section 2101 of this title, the following: 6 ''SEC. 245C. ADJUSTMENT OF STATUS OF REGISTERED PRO- 7 8 VISIONAL IMMIGRANTS. ''(a) IN GENERAL.--Subject to section 245E(d) and 9 section 2302(c)(3) of the Border Security, Economic Op10 portunity, and Immigration Modernization Act, the Sec11 retary of Homeland Security (referred to in this section 12 as the 'Secretary') may adjust the status of a registered 13 provisional immigrant to that of an alien lawfully admitted 14 for permanent residence if the registered provisional immi15 grant satisfies the eligibility requirements set forth in sub16 section (b). 17 18 19 ''(b) ELIGIBILITY REQUIREMENTS.-- ''(1) REGISTERED PROVISIONAL IMMIGRANT STATUS.-- ''(A) IN 20 GENERAL.--The alien was granted 21 registered provisional immigrant status under 22 section 245B and remains eligible for such sta- 23 tus. 24 ''(B) CONTINUOUS PHYSICAL PRESENCE.-- 25 The alien establishes, to the satisfaction of the 26 Secretary, that the alien was not continuously EAS13500 S.L.C. 95 1 absent from the United States for more than 2 180 days in any calendar year during the pe- 3 riod of admission as a registered provisional im- 4 migrant, unless the alien's absence was due to 5 extenuating circumstances beyond the alien's 6 control. ''(C) MAINTENANCE 7 OF WAIVERS OF AD- 8 MISSIBILITY.--The grounds of inadmissibility 9 set forth in section 212(a) that were previously 10 waived for the alien or made inapplicable under 11 section 245B(b) shall not apply for purposes of 12 the alien's adjustment of status under this sec- 13 tion. 14 ''(D) 15 CEEDINGS.--If 16 applicant that the Secretary intends to revoke 17 the applicant's registered provisional immigrant 18 status under section 245B(d)(2)(A), the Sec- 19 retary may not approve an application for ad- 20 justment of status under this section unless the 21 Secretary makes a final determination not to 22 revoke the applicant's status. 23 ''(2) PAYMENT 24 25 ''(A) IN PENDING REVOCATION PRO- the Secretary has notified the OF TAXES.-- GENERAL.--An applicant may not file an application for adjustment of status EAS13500 S.L.C. 96 1 under this section unless the applicant has sat- 2 isfied any applicable Federal tax liability. 3 ''(B) DEFINITION 4 ERAL TAX LIABILITY.--In 5 the term 'applicable Federal tax liability' means 6 all assessed Federal income taxes since the date 7 on which the applicant was authorized to work 8 in the United States as a registered provisional 9 immigrant under section 245B(a). OF APPLICABLE FED- subparagraph (A), 10 ''(C) COMPLIANCE.--The applicant may 11 demonstrate compliance with subparagraph (A) 12 by submitting such documentation as the Sec- 13 retary, in consultation with the Secretary of the 14 Treasury, may require by regulation. 15 ''(3) EMPLOYMENT 16 17 OR EDUCATION REQUIRE- MENT.-- ''(A) IN GENERAL.--Except as provided in 18 subparagraphs (D) and (E), an alien applying 19 for adjustment of status under this section shall 20 establish that, during his or her period of status 21 as a registered provisional immigrant, he or 22 she-- 23 ''(i)(I) was regularly employed 24 throughout the period of admission as a 25 registered provisional immigrant, allowing EAS13500 S.L.C. 97 1 for brief periods lasting not more than 60 2 days; and 3 ''(II) is not likely to become a public 4 charge (as 5 determined under section 212(a)(4)); or 6 ''(ii) can demonstrate average income 7 or resources that are not less than 125 8 percent of the Federal poverty level 9 throughout the period of admission as a 10 registered provisional immigrant. 11 ''(B) EVIDENCE OF EMPLOYMENT.-- 12 ''(i) DOCUMENTS.--An alien may sat- 13 isfy the employment requirement under 14 subparagraph (A)(i) by submitting, to the 15 Secretary, records that-- 16 ''(I) establish, by the preponder- 17 ance of the evidence, compliance with 18 such employment requirement; and 19 ''(II) have been maintained by 20 the Social Security Administration, 21 the Internal Revenue Service, or any 22 other Federal, State, or local govern- 23 ment agency. 24 ''(ii) OTHER 25 DOCUMENTS.--An alien who is unable to submit the records de- EAS13500 S.L.C. 98 1 scribed in clause (i) may satisfy the em- 2 ployment or education requirement under 3 subparagraph (A) by submitting to the 4 Secretary at least 2 types of reliable docu- 5 ments not described in clause (i) that pro- 6 vide evidence of employment or education, 7 including-- 8 ''(I) bank records; 9 ''(II) business records; 10 ''(III) employer records; 11 ''(IV) records of a labor union, 12 day labor center, or organization that 13 assists workers in employment; 14 ''(V) sworn affidavits from non- 15 relatives who have direct knowledge of 16 the alien's work or education, that 17 contain-- 18 ''(aa) the name, address, 19 and telephone number of the affi- 20 ant; 21 ''(bb) the nature and dura- 22 tion of the relationship between 23 the affiant and the alien; and 24 25 ''(cc) other verification or information; EAS13500 S.L.C. 99 1 ''(VI) remittance records; and 2 ''(VII) school records from insti- 3 tutions described in subparagraph 4 (D). 5 ''(iii) ADDITIONAL 6 RESTRICTIONS.--The DOCUMENTS AND Secretary may-- 7 ''(I) designate additional docu- 8 ments that may be used to establish 9 compliance 10 with the requirement under subparagraph (A); and 11 ''(II) set such terms and condi- 12 tions on the use of affidavits as may 13 be necessary to verify and confirm the 14 identity of any affiant or to otherwise 15 prevent fraudulent submissions. 16 ''(C) SATISFACTION OF EMPLOYMENT RE- 17 QUIREMENT.--An 18 satisfy the employment requirements under this 19 section with a single employer. 20 alien may not be required to ''(D) EDUCATION PERMITTED.--An alien 21 may satisfy the requirement under subpara- 22 graph (A), in whole or in part, by providing evi- 23 dence of full-time attendance at-- 24 ''(i) an institution of higher education 25 (as defined in section 102(a) of the Higher EAS13500 S.L.C. 100 1 Education 2 Act of 1965 (20 U.S.C. 1002(a))); 3 ''(ii) a secondary school (as defined in 4 section 9101 of the Elementary and Sec- 5 ondary Education Act of 1965 (20 U.S.C. 6 7801)); 7 ''(iii) an education, literacy, or career 8 training 9 training) that is designed to lead to place- 10 ment in postsecondary education, job train- 11 ing, or employment through which the 12 alien is working toward such placement; or 13 ''(iv) an education program assisting 14 students either in obtaining a regular high 15 school diploma or its recognized equivalent 16 under state law (including a certificate of 17 completion, certificate of attendance, or al- 18 ternate award), or in passing a General 19 Educational Development exam or other 20 equivalent State-authorized exam. 21 ''(E) AUTHORIZATION 22 23 24 program (including OF vocational EXCEPTIONS AND WAIVERS.-- ''(i) EXCEPTIONS DISABILITY.--The BASED ON AGE OR employment and edu- EAS13500 S.L.C. 101 1 cation requirements under this paragraph 2 shall not apply to any alien who -- 3 ''(I) is younger than 21 years of 4 age on the date on which the alien 5 files an application for the first exten- 6 sion of the initial period of authorized 7 admission as a registered provisional 8 immigrant; 9 ''(II) is at least 60 years of age 10 on the date on which the alien files an 11 application described in subclause (II) 12 or at least 65 years of age on the date 13 on which the alien's status is adjusted 14 under this section; or 15 ''(III) has a physical or mental 16 disability (as defined in section 3(2) 17 of the Americans with Disabilities Act 18 of 1990 (42 U.S.C. 12102(2))) or as 19 a result of pregnancy if such condition 20 is evidenced by the submission of doc- 21 umentation prescribed by the Sec- 22 retary. 23 ''(ii) FAMILY and EXCEPTIONS.--The education em- 24 ployment requirements 25 under this paragraph shall not apply to EAS13500 S.L.C. 102 1 any alien who is a dependent registered 2 provisional immigrant under subsection 3 (b)(5). 4 ''(iii) TEMPORARY EXCEPTIONS.--The 5 employment and education requirements 6 under this paragraph shall not apply dur- 7 ing any period during which the alien-- 8 ''(I) was on medical leave, mater- 9 nity leave, or other employment leave 10 authorized by Federal law, State law, 11 or the policy of the employer; 12 ''(II) is or was the primary care- 13 taker of a child or another person who 14 requires supervision or is unable to 15 care for himself or herself; or 16 ''(III) was unable to work due to 17 circumstances outside the control of 18 the alien. 19 ''(iv) WAIVER.--The Secretary may 20 waive the employment or education re- 21 quirements under this paragraph with re- 22 spect to any individual alien who dem- 23 onstrates extreme hardship to himself or 24 herself or to a spouse, parent, or child who EAS13500 S.L.C. 103 1 is a United States citizen or lawful perma- 2 nent resident. 3 ''(4) ENGLISH 4 ''(A) IN SKILLS.-- GENERAL.--Except as provided 5 under subparagraph (C), a registered provi- 6 sional immigrant who is 16 years of age or 7 older shall establish that he or she-- 8 9 10 ''(i) meets the requirements set forth in section 312; or ''(ii) is satisfactorily pursuing a 11 course of study, pursuant to standards es- 12 tablished by the Secretary of Education, in 13 consultation with the Secretary, to achieve 14 an understanding of English and knowl- 15 edge and understanding of the history and 16 Government of the United States, as de- 17 scribed in section 312(a). 18 ''(B) RELATION TO NATURALIZATION EX- 19 AMINATION.--A registered provisional immi- 20 grant who demonstrates that he or she meets 21 the requirements set forth in section 312 may 22 be considered to have satisfied such require- 23 ments for purposes of becoming naturalized as 24 a citizen of the United States. 25 ''(C) EXCEPTIONS.-- EAS13500 S.L.C. 104 1 ''(i) MANDATORY.--Subparagraph (A) 2 shall not apply to any person who is unable 3 to comply with the requirements under 4 that subparagraph because of a physical or 5 developmental disability or mental impair- 6 ment. 7 ''(ii) DISCRETIONARY.--The Secretary 8 may waive all or part of subparagraph (A) 9 for a registered provisional immigrant who 10 is 70 years of age or older on the date on 11 which an application is filed for adjust- 12 ment of status under this section. 13 ''(5) MILITARY SELECTIVE SERVICE.--The alien 14 shall provide proof of registration under the Military 15 Selective Service Act (50 U.S.C. App. 451 et seq.) 16 if the alien is subject to such registration. 17 ''(c) APPLICATION PROCEDURES.-- 18 ''(1) IN GENERAL.--Beginning on the date de- 19 scribed in paragraph (2), a registered provisional im- 20 migrant, or a registered provisional immigrant de- 21 pendent, who meets the eligibility requirements set 22 forth in subsection (b) may apply for adjustment of 23 status to that of an alien lawfully admitted for per- 24 manent residence by submitting an application to 25 the Secretary that includes the evidence required, by EAS13500 S.L.C. 105 1 regulation, to demonstrate the applicant's eligibility 2 for such adjustment. 3 ''(2) BACK OF THE LINE.--The status of a reg- 4 istered provisional immigrant may not be adjusted to 5 that of an alien lawfully admitted for permanent res- 6 idence under this section until after the Secretary of 7 State certifies that immigrant visas have become 8 available for all approved petitions for immigrant 9 visas that were filed under sections 201 and 203 be- 10 fore the date of the enactment of the Border Secu- 11 rity, Economic Opportunity, and Immigration Mod- 12 ernization Act. 13 ''(3) INTERVIEW.--The Secretary may interview 14 applicants for adjustment of status under this sec- 15 tion to determine whether they meet the eligibility 16 requirements set forth in subsection (b). 17 ''(4) SECURITY AND LAW ENFORCEMENT 18 CLEARANCES.--The 19 status of a registered provisional immigrant under 20 this section until renewed national security and law 21 enforcement clearances have been completed with re- 22 spect to the registered provisional immigrant, to the 23 satisfaction of the Secretary. 24 25 ''(5) FEES Secretary may not adjust the AND PENALTIES.-- ''(A) PROCESSING FEES.-- EAS13500 S.L.C. 106 1 ''(i) IN GENERAL.--The Secretary 2 shall impose a processing fee on applicants 3 for adjustment of status under this section 4 at a level sufficient to recover the full cost 5 of processing such applications, including 6 costs associated with-- 7 8 9 10 ''(I) adjudicating the applications; ''(II) taking and processing biometrics; 11 ''(III) performing national secu- 12 rity and criminal checks, including ad- 13 judication; 14 ''(IV) 15 16 preventing and inves- tigating fraud; and ''(V) the administration of the 17 fees collected. 18 ''(ii) AUTHORITY 19 TO LIMIT FEES.-- The Secretary, by regulation, may-- 20 ''(I) limit the maximum proc- 21 essing fee payable under this subpara- 22 graph by a family, including spouses 23 and children; and EAS13500 S.L.C. 107 1 ''(II) exempt other defined class- 2 es of individuals from the payment of 3 the fee authorized under clause (i). 4 ''(iii) DEPOSIT 5 AND USE OF FEES.-- Fees collected under this subparagraph-- 6 ''(I) shall be deposited into the 7 Comprehensive Immigration Reform 8 Trust Fund established under section 9 6(a)(1) of the Border Security, Eco- 10 nomic Opportunity, and Immigration 11 Modernization Act; and 12 ''(II) may be used for the pur- 13 poses set forth in section 6(a)(3)(B) 14 of such Act. 15 16 ''(B) PENALTIES.-- ''(i) IN GENERAL.--In addition to the 17 processing fee required under subpara- 18 graph (A) and the penalty required under 19 section 245B(c)(6)(D), an alien who was 20 21 years of age or older on the date on 21 which the Border Security, Economic Op- 22 portunity, and Immigration Modernization 23 Act was originally introduced in the Senate 24 and is filing an application for adjustment 25 of status under this section shall pay a EAS13500 S.L.C. 108 1 $1,000 penalty to the Secretary unless the 2 alien meets the requirements under section 3 245D(b). 4 ''(ii) INSTALLMENTS.--The Secretary 5 shall establish a process for collecting pay- 6 ments required under clause (i) through 7 periodic installments. 8 ''(iii) DEPOSIT, ALLOCATION, AND SPENDING OF PENALTIES.--Penalties 9 col- lected under this subparagraph-- 10 ''(I) shall be deposited into the 11 12 Comprehensive Immigration 13 Fund 14 6(a)(1) of the Border Security, Eco- 15 nomic Opportunity, and Immigration 16 Modernization Act; and established under Trust section 17 ''(II) may be used for the pur- 18 poses set forth in section 6(a)(3)(B) 19 of such Act.''. 20 21 (b) LIMITATION ON REGISTERED PROVISIONAL IMMIGRANTS.--An alien admitted as a registered provisional 22 immigrant may only adjust status to an alien lawfully ad23 mitted for permanent resident status under section 2302 24 of this Act. EAS13500 S.L.C. 109 1 (c) NATURALIZATION.--Section 319 (8 U.S.C. 1430) 2 is amended-- 3 (1) in the section heading, by striking ''AND 4 EMPLOYEES OF CERTAIN NONPROFIT ORGANI- 5 ZATIONS'' 6 TAIN NONPROFIT ORGANIZATIONS, AND OTHER 7 LONG-TERM LAWFUL RESIDENTS''; 8 9 and inserting '', EMPLOYEES OF CER- and (2) by adding at the end the following: ''(f) Any lawful permanent resident who was lawfully 10 present in the United States and eligible for work author11 ization for not less than 10 years before becoming a lawful 12 permanent resident may be naturalized upon compliance 13 with all the requirements under this title except the provi14 sions of section 316(a)(1) if such person, immediately pre15 ceding the date on which the person filed an application 16 for naturalization-- 17 ''(1) has resided continuously within the United 18 States, after being lawfully admitted for permanent 19 residence, for at least 3 years; 20 ''(2) during the 3-year period immediately pre- 21 ceding such filing date, has been physically present 22 in the United States for periods totaling at least 50 23 percent of such period; and 24 ''(3) has resided within the State or in the ju- 25 risdiction of the U.S. Citizenship and Immigration EAS13500 S.L.C. 110 1 Services field office in the United States in which 2 the applicant filed such application for at least 3 3 months.''. 4 5 SEC. 2103. THE DREAM ACT. (a) SHORT TITLE.--This section may be cited as the 6 ''Development, Relief, and Education for Alien Minors Act 7 of 2013'' or the ''DREAM Act 2013''. 8 (b) ADJUSTMENT 9 WHO ENTERED THE OF STATUS FOR CERTAIN ALIENS UNITED STATES AS CHILDREN.-- 10 Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended 11 by inserting after section 245C, as added by section 2102 12 of this title, the following: 13 ''SEC. 245D. ADJUSTMENT OF STATUS FOR CERTAIN ALIENS 14 WHO ENTERED THE UNITED STATES AS CHIL- 15 DREN. 16 17 ''(a) DEFINITIONS.--In this section: ''(1) INSTITUTION OF HIGHER EDUCATION.-- 18 The term 'institution of higher education' has the 19 meaning given such term in section 102 of the High- 20 er Education Act of 1965 (20 U.S.C. 1002), except 21 that the term does not include institutions described 22 in subsection (a)(1)(C) of such section. 23 24 ''(2) SECRETARY.--The term 'Secretary' means the Secretary of Homeland Security. EAS13500 S.L.C. 111 1 ''(3) UNIFORMED SERVICES.--The term 'Uni- 2 formed Services' has the meaning given the term 3 'uniformed services' in section 101(a)(5) of title 10, 4 United States Code. 5 ''(b) ADJUSTMENT 6 WHO ENTERED 7 8 THE OF STATUS FOR UNITED STATES CERTAIN ALIENS AS CHILDREN.-- ''(1) REQUIREMENTS.-- ''(A) IN GENERAL.--The Secretary of 9 Homeland Security may adjust the status of a 10 registered provisional immigrant to the status 11 of a lawful permanent resident if the immigrant 12 demonstrates that he or she-- 13 14 ''(i) has been a registered provisional immigrant for at least 5 years; 15 ''(ii) was younger than 16 years of 16 age on the date on which the alien initially 17 entered the United States; 18 ''(iii) has earned a high school di- 19 ploma or obtained a general education de- 20 velopment certificate in the United States; 21 ''(iv)(I) has acquired a degree from an 22 institution of higher education or has com- 23 pleted at least 2 years, in good standing, 24 in a program for a bachelor's degree or 25 higher degree in the United States; or EAS13500 S.L.C. 112 1 ''(II) has served in the Uniformed 2 Services for at least 4 years and, if dis- 3 charged, received an honorable discharge; 4 and 5 ''(v) has provided a list of each sec- 6 ondary school (as that term is defined in 7 section 9101 of the Elementary and Sec- 8 ondary Education Act of 1965 (20 U.S.C. 9 7801)) that the alien attended in the 10 United States. 11 ''(B) HARDSHIP 12 ''(i) IN EXCEPTION.-- GENERAL.--The Secretary 13 may adjust the status of a registered provi- 14 sional immigrant to the status of a lawful 15 permanent resident if the alien-- 16 ''(I) satisfies the requirements 17 under clauses (i), (ii), (iii), and (v) of 18 subparagraph (A); and 19 ''(II) demonstrates compelling 20 circumstances for the inability to sat- 21 isfy the requirement under subpara- 22 graph (A)(iv). 23 ''(C) CITIZENSHIP 24 ''(i) IN 25 REQUIREMENT.-- GENERAL.--Except as pro- vided in clause (ii), the Secretary may not EAS13500 S.L.C. 113 1 adjust the status of an alien to lawful per- 2 manent resident status under this section 3 unless the alien demonstrates that the 4 alien satisfies the requirements of section 5 312(a) of the Immigration and Nationality 6 Act (8 U.S.C. 1423(a)). 7 ''(ii) EXCEPTION.--Clause (i) shall 8 not apply to an alien whose physical or de- 9 velopmental disability or mental impair- 10 ment prevents the alien from meeting the 11 requirements such section. 12 ''(D) SUBMISSION OF BIOMETRIC AND BIO- 13 GRAPHIC DATA.--The Secretary may not adjust 14 the status of an alien to lawful permanent resi- 15 dent status unless the alien-- 16 ''(i) submits biometric and biographic 17 data, in accordance with procedures estab- 18 lished by the Secretary; or 19 ''(ii) complies with an alternative pro- 20 cedure prescribed by the Secretary, if the 21 alien is unable to provide such biometric 22 data because of a physical impairment. 23 ''(E) BACKGROUND 24 25 CHECKS.-- ''(i) REQUIREMENT CHECKS.--The FOR BACKGROUND Secretary shall utilize bio- EAS13500 S.L.C. 114 1 metric, biographic, and other data that the 2 Secretary determines appropriate-- 3 ''(I) to conduct security and law 4 enforcement background checks of an 5 alien applying for lawful permanent 6 resident status under this section; and 7 ''(II) to determine whether there 8 is any criminal, national security, or 9 other factor that would render the 10 alien ineligible for such status. 11 ''(ii) COMPLETION OF BACKGROUND 12 CHECKS.--The 13 an alien's status to the status of a lawful 14 permanent resident under this subsection 15 until the security and law enforcement 16 background checks required under clause 17 (i) have been completed with respect to the 18 alien, to the satisfaction of the Secretary. 19 20 21 ''(2) APPLICATION Secretary may not adjust FOR LAWFUL PERMANENT RESIDENT STATUS.-- ''(A) IN GENERAL.--A registered provi- 22 sional immigrant seeking lawful permanent resi- 23 dent status shall file an application for such 24 status in such manner as the Secretary of 25 Homeland Security may require. EAS13500 S.L.C. 115 1 ''(B) ADJUDICATION.-- ''(i) IN 2 GENERAL.--The Secretary 3 shall evaluate each application filed by a 4 registered provisional immigrant under this 5 paragraph to determine whether the alien 6 meets the requirements under paragraph 7 (1). ''(ii) ADJUSTMENT 8 9 VORABLE OF STATUS IF FA- DETERMINATION.--If the Sec- 10 retary determines that the alien meets the 11 requirements under paragraph (1), the 12 Secretary shall notify the alien of such de- 13 termination and adjust the status of the 14 alien to lawful permanent resident status, 15 effective as of the date of such determina- 16 tion. 17 ''(iii) ADVERSE DETERMINATION.--If 18 the Secretary determines that the alien 19 does not meet the requirements under 20 paragraph (1), the Secretary shall notify 21 the alien of such determination. 22 ''(C) DACA RECIPIENTS.--The Secretary 23 may adopt streamlined procedures for appli- 24 cants for adjustment to lawful permanent resi- 25 dent status under this section who were granted EAS13500 S.L.C. 116 1 Deferred Action for Childhood Arrivals (re- 2 ferred to in this paragraph as 'DACA') pursu- 3 ant to the Secretary's memorandum of June 4 15, 2012. 5 ''(3) TREATMENT 6 7 FOR PURPOSES OF NATU- RALIZATION.-- ''(A) IN GENERAL.--An alien granted law- 8 ful permanent resident status under this sub- 9 section shall be considered, for purposes of title 10 11 12 III-- ''(i) to have been lawfully admitted for permanent residence; and 13 ''(ii) to have been in the United 14 States as an alien lawfully admitted to the 15 United States for permanent residence 16 during the period the alien was a reg- 17 istered provisional immigrant. 18 ''(B) LIMITATION ON APPLICATION FOR 19 NATURALIZATION.--An alien may not apply for 20 naturalization while the alien is a registered 21 provisional immigrant..''. 22 (c) EXEMPTION FROM NUMERICAL LIMITATIONS.-- 23 Section 201(b) (8 U.S.C. 1151(b)(1)) is amended-- 24 25 (1) by redesignating subparagraph (E) as subparagraph (F); and EAS13500 S.L.C. 117 (2) by inserting after subparagraph (D) the fol- 1 2 lowing: 3 ''(E) Aliens whose status is adjusted to perma- 4 nent resident status under section 245C or 245D.''. 5 (d) RESTORATION RESIDENCY 6 MINE 7 OF STATE OPTION TO DETER- PURPOSES HIGHER EDU- CATION.-- FOR OF 8 (1) REPEAL.--Section 505 of the Illegal Immi- 9 gration Reform and Immigrant Responsibility Act of 10 11 1996 (8 U.S.C. 1623) is repealed. (2) EFFECTIVE DATE.--The repeal under para- 12 graph (1) shall take effect as if included in the origi- 13 nal enactment of the Illegal Immigration Reform 14 and Immigrant Responsibility Act of 1996 (division 15 C of Public Law 104-208). 16 17 SEC. 2104. ADDITIONAL REQUIREMENTS. (a) IN GENERAL.--Chapter 5 of title II (8 U.S.C. 18 1255 et seq.) is amended by inserting after section 245C, 19 as added by section 2102 of this title, the following: 20 ''SEC. 245E. ADDITIONAL REQUIREMENTS RELATING TO 21 REGISTERED 22 AND OTHERS. 23 ''(a) DISCLOSURES.-- PROVISIONAL IMMIGRANTS EAS13500 S.L.C. 118 1 ''(1) PROHIBITED DISCLOSURES.--Except as 2 otherwise provided in this subsection, no officer or 3 employee of any Federal agency may-- 4 ''(A) use the information furnished in an 5 application for lawful status under section 6 245B, 245C, or 245D for any purpose other 7 than to make a determination on any applica- 8 tion by the alien for any immigration benefit or 9 protection; 10 ''(B) make any publication through which 11 information furnished by any particular appli- 12 cant can be identified; or 13 ''(C) permit anyone other than the sworn 14 officers, employees, and contractors of such 15 agency or of another entity approved by the 16 Secretary of Homeland Security to examine in- 17 dividual applications that have been filed under 18 either such section. 19 ''(2) REQUIRED DISCLOSURES.--The Secretary 20 shall provide the information furnished in an appli- 21 cation filed under section 245B, 245C, or 245D and 22 any other information derived from such furnished 23 information to-- 24 ''(A) a law enforcement agency, intel- 25 ligence agency, national security agency, compo- EAS13500 S.L.C. 119 1 nent of the Department of Homeland Security, 2 court, or grand jury if such information is re- 3 quested by such entity, consistent with law, in 4 connection with-- 5 ''(i) a criminal investigation or pros- 6 ecution of any matter not related to the 7 applicant's immigration status; or ''(ii) a national security investigation 8 or prosecution; and 9 10 ''(B) an official coroner for purposes of af- 11 firmatively identifying a deceased individual, 12 whether or not the death of such individual re- 13 sulted from a crime. 14 ''(3) AUDITING 15 TION.--The AND EVALUATION OF INFORMA- Secretary may-- 16 ''(A) audit and evaluate information fur- 17 nished as part of any application filed under 18 section 245B, 245C, or 245D for purposes of 19 identifying immigration fraud or fraud schemes; 20 and 21 ''(B) use any evidence detected by means 22 of audits and evaluations for purposes of inves- 23 tigating, prosecuting, referring for prosecution, 24 or denying or terminating immigration benefits. 25 ''(b) EMPLOYER PROTECTIONS.-- EAS13500 S.L.C. 120 1 ''(1) USE OF EMPLOYMENT RECORDS.--Copies 2 of employment records or other evidence of employ- 3 ment provided by an alien or by an alien's employer 4 in support of an alien's application for registered 5 provisional immigrant status under section 245B 6 may not be used in a civil or criminal prosecution 7 or investigation of that employer under section 274A 8 or the Internal Revenue Code of 1986 for the prior 9 unlawful employment of that alien regardless of the 10 adjudication of such application or reconsideration 11 by the Secretary of Homeland Security of such 12 alien's prima facie eligibility determination. Employ- 13 ers that provide unauthorized aliens with copies of 14 employment records or other evidence of employment 15 pursuant to an application for registered provisional 16 immigrant status shall not be subject to civil and 17 criminal liability pursuant to section 274A for em- 18 ploying such unauthorized aliens. 19 ''(2) LIMIT ON APPLICABILITY.--The protec- 20 tions for employers and aliens under paragraph (1) 21 shall not apply if the aliens or employers submit em- 22 ployment records that are deemed to be fraudulent. 23 ''(c) ADMINISTRATIVE REVIEW.-- 24 25 ''(1) EXCLUSIVE ADMINISTRATIVE REVIEW.-- Administrative review of a determination respecting EAS13500 S.L.C. 121 1 an application for status under section 245B, 245C, 2 or 245D shall be conducted solely in accordance with 3 this subsection. 4 5 ''(2) ADMINISTRATIVE APPELLATE REVIEW.-- ''(A) ESTABLISHMENT OF ADMINISTRA- 6 TIVE APPELLATE AUTHORITY.--The 7 of Homeland Security shall establish or des- 8 ignate an appellate authority to provide for a 9 single level of administrative appellate review of 10 a determination with respect to applications for, 11 or revocation of, status under sections 245B, 12 245C, and 245D. 13 14 15 ''(B) SINGLE Secretary APPEAL FOR EACH ADMINIS- TRATIVE DECISION.-- ''(i) IN GENERAL.--An alien in the 16 United States whose application for status 17 under section 245B, 245C, or 245D has 18 been denied or revoked may file with the 19 Secretary not more than 1 appeal of each 20 decision to deny or revoke such status. 21 ''(ii) NOTICE OF APPEAL.--A notice of 22 appeal filed under this subparagraph shall 23 be filed not later than 90 days after the 24 date of service of the decision of denial or EAS13500 S.L.C. 122 1 revocation, unless the delay was reasonably 2 justifiable. 3 ''(C) REVIEW BY SECRETARY.--Nothing in 4 this paragraph may be construed to limit the 5 authority of the Secretary to certify appeals for 6 review and final administrative decision. 7 ''(D) DENIAL OF PETITIONS FOR DEPEND- 8 ENTS.--Appeals 9 a petition filed by a registered provisional immi- 10 grant pursuant to regulations promulgated 11 under section 245B to classify a spouse or child 12 of such alien as a registered provisional immi- 13 grant shall be subject to the administrative ap- 14 pellate authority described in subparagraph (A). 15 ''(E) STAY of a decision to deny or revoke OF REMOVAL.--Aliens seeking 16 administrative review shall not be removed from 17 the United States until a final decision is ren- 18 dered establishing ineligibility for status under 19 section 245B, 245C, or 245D. 20 ''(3) RECORD FOR REVIEW.--Administrative ap- 21 pellate review under paragraph (2) shall be de novo 22 and based solely upon-- 23 ''(A) the administrative record established 24 at the time of the determination on the applica- 25 tion; and EAS13500 S.L.C. 123 1 ''(B) any additional newly discovered or 2 previously unavailable evidence. 3 ''(4) UNLAWFUL PRESENCE.--During the pe- 4 riod in which an alien may request administrative 5 review under this subsection, and during the period 6 that any such review is pending, the alien shall not 7 be considered 'unlawfully present in the United 8 States' for purposes of section 212(a)(9)(B). 9 ''(d) PRIVACY AND CIVIL LIBERTIES.-- 10 ''(1) IN GENERAL.--The Secretary, in accord- 11 ance with subsection (a)(1), shall require appro- 12 priate administrative and physical safeguards to pro- 13 tect the security, confidentiality, and integrity of 14 personally identifiable information collected, main- 15 tained, and disseminated pursuant to sections 245B, 16 245C, and 245D. 17 ''(2) ASSESSMENTS.--Notwithstanding the pri- 18 vacy requirements set forth in section 222 of the 19 Homeland Security Act (6 U.S.C. 142) and the E- 20 Government Act of 2002 (Public Law 107-347), the 21 Secretary shall conduct a privacy impact assessment 22 and a civil liberties impact assessment of the legal- 23 ization program established under sections 245B, 24 245C, and 245D during the pendency of the interim 25 final regulations required to be issued under section EAS13500 S.L.C. 124 1 2110 of the Border Security, Economic Opportunity, 2 and Immigration Modernization Act.''. 3 (b) JUDICIAL REVIEW.--Section 242 (8 U.S.C. 1252) 4 is amended-- (1) in subsection (a)(2)-- 5 6 (A) in subparagraph (B), by inserting ''the 7 exercise of discretion arising under'' after ''no 8 court shall have jurisdiction to review''; 9 (B) in subparagraph (D), by striking 10 ''raised upon a petition for review filed with an 11 appropriate court of appeals in accordance with 12 this section''; 13 (2) in subsection (b)(2), by inserting ''or, in the 14 case of a decision rendered under section 245E(c), 15 in the judicial circuit in which the petitioner resides'' 16 after ''proceedings''; and (3) by adding at the end the following: 17 18 19 20 ''(h) JUDICIAL REVIEW OF ELIGIBILITY DETERMINATIONS RELATING TO STATUS UNDER CHAPTER 5.-- ''(1) DIRECT REVIEW.--If an alien's application 21 under section 245B, 245C, or 245D is denied, or is 22 revoked after the exhaustion of administrative appel- 23 late review under section 245E(c), the alien may 24 seek review of such decision, in accordance with 25 chapter 7 of title 5, United States Code, before the EAS13500 S.L.C. 125 1 United States district court for the district in which 2 the person resides. 3 4 ''(2) STATUS DURING REVIEW.--While a review described in paragraph (1) is pending-- 5 ''(A) the alien shall not be deemed to ac- 6 crue unlawful presence for purposes of section 7 212(a)(9); 8 ''(B) any unexpired grant of voluntary de- 9 parture under section 240B shall be tolled; and 10 ''(C) the court shall have the discretion to 11 stay the execution of any order of exclusion, de- 12 portation, or removal. 13 ''(3) REVIEW AFTER REMOVAL PRO- 14 CEEDINGS.--An 15 denial or revocation of approval of the alien's appli- 16 cation under section 245B, 245C, or 245D in the 17 appropriate United States court of appeal in con- 18 junction with the judicial review of an order of re- 19 moval, deportation, or exclusion if the validity of the 20 denial has not been upheld in a prior judicial pro- 21 ceeding under paragraph (1). 22 alien may seek judicial review of a ''(4) STANDARD FOR JUDICIAL REVIEW.-- 23 ''(A) BASIS.--Judicial review of a denial, 24 or revocation of an approval, of an application 25 under section 245B, 245C, or 245D shall be EAS13500 S.L.C. 126 1 based upon the administrative record estab- 2 lished at the time of the review. 3 ''(B) AUTHORITY TO REMAND.--The re- 4 viewing court may remand a case under this 5 subsection to the Secretary of Homeland Secu- 6 rity for consideration of additional evidence if 7 the court finds that-- 8 9 ''(i) the additional evidence is material; and 10 ''(ii) there were reasonable grounds 11 for failure to adduce the additional evi- 12 dence before the Secretary. 13 ''(C) SCOPE OF REVIEW.--Notwithstanding 14 any other provision of law, judicial review of all 15 questions arising from a denial, or revocation of 16 an approval, of an application under section 17 245B, 245C, or 245D shall be governed by the 18 standard of review set forth in section 706 of 19 title 5, United States Code. 20 ''(5) REMEDIAL POWERS.-- 21 ''(A) JURISDICTION.--Notwithstanding any 22 other provision of law, the United States dis- 23 trict courts shall have jurisdiction over any 24 cause or claim arising from a pattern or prac- 25 tice of the Secretary of Homeland Security in EAS13500 S.L.C. 127 1 the operation or implementation of the Border 2 Security, Economic Opportunity, and Immigra- 3 tion Modernization Act, or the amendments 4 made by such Act, that is arbitrary, capricious, 5 or otherwise contrary to law. 6 ''(B) SCOPE OF RELIEF.--The United 7 States district courts may order any appro- 8 priate relief in a clause or claim described in 9 subparagraph (A) without regard to exhaustion, 10 ripeness, or other standing requirements (other 11 than constitutionally-mandated requirements), 12 if the court determines that-- 13 ''(i) the resolution of such cause or 14 claim will serve judicial and administrative 15 efficiency; or ''(ii) a remedy would otherwise not be 16 17 18 19 20 reasonably available or practicable. ''(6) CHALLENGES TO THE VALIDITY OF THE SYSTEM.-- ''(A) IN GENERAL.--Except as provided in 21 paragraph (5), any claim that section 245B, 22 245C, 245D, or 245E or any regulation, writ- 23 ten policy, or written directive, issued or un- 24 written policy or practice initiated by or under 25 the authority of the Secretary of Homeland Se- EAS13500 S.L.C. 128 1 curity to implement such sections, violates the 2 Constitution of the United States or is other- 3 wise in violation of law is available exclusively 4 in an action instituted in United States District 5 Court in accordance with the procedures pre- 6 scribed in this paragraph. 7 ''(B) SAVINGS PROVISION.--Except as pro- 8 vided in subparagraph (C), nothing in subpara- 9 graph (A) may be construed to preclude an ap- 10 plicant under 245B, 245C, or 245D from as- 11 serting that an action taken or a decision made 12 by the Secretary with respect to the applicant's 13 status was contrary to law. 14 ''(C) CLASS ACTIONS.--Any claim de- 15 scribed in subparagraph (A) that is brought as 16 a class action shall be brought in conformity 17 with-- 18 19 20 ''(i) the Class Action Fairness Act of 2005 (Public Law 109-2); and ''(ii) the Federal Rules of Civil Proce- 21 dure. 22 ''(D) PRECLUSIVE EFFECT.--The final dis- 23 position of any claim brought under subpara- 24 graph (A) shall be preclusive of any such claim EAS13500 S.L.C. 129 1 asserted by the same individual in a subsequent 2 proceeding under this subsection. ''(E) EXHAUSTION 3 4 AND STAY OF PRO- CEEDINGS.-- ''(i) IN 5 GENERAL.--No claim brought 6 under this paragraph shall require the 7 plaintiff to exhaust administrative rem- 8 edies under section 245E(c). ''(ii) STAY 9 AUTHORIZED.--Nothing in 10 this paragraph may be construed to pre- 11 vent the court from staying proceedings 12 under this paragraph to permit the Sec- 13 retary to evaluate an allegation of an un- 14 written policy or practice or to take correc- 15 tive action. In determining whether to 16 issue such a stay, the court shall take into 17 account any harm the stay may cause to 18 the claimant.''. 19 (c) RULE OF CONSTRUCTION.--Section 244(h) shall 20 not limit the authority of the Secretary to adjust the sta21 tus of an alien under section 245C or 245D of the Immi22 gration and Nationality Act, as added by this subtitle. 23 24 (d) EFFECT OF FAILURE BILITY FOR IMMIGRATION TO REGISTER ON ELIGI- BENEFITS.--Failure to comply 25 with section 264.1(f) of title 8, Code of Federal Regula- EAS13500 S.L.C. 130 1 tions or with removal orders or voluntary departure agree2 ments based on such section for acts committed before the 3 date of the enactment of this Act shall not affect the eligi4 bility of an alien to apply for a benefit under the Immigra5 tion and Nationality Act (8 U.S.C. 1101 et seq.). 6 (e) CLERICAL AMENDMENT.--The table of contents 7 is amended by inserting after the item relating to section 8 245A the following: ''Sec. 245B. Adjustment of status of eligible entrants before December 31, 2011, to that of registered provisional immigrant. ''Sec. 245C. Adjustment of status of registered provisional immigrants. ''Sec. 245D. Adjustment of status for certain aliens who entered the United States as children. ''Sec. 245E. Additional requirements relating to registered provisional immigrants and others.''. 9 10 SEC. 2105. CRIMINAL PENALTY. (a) IN GENERAL.--Chapter 69 of title 18, United 11 States Code, is amended by adding at the end the fol12 lowing: 13 ''? 1430. Improper use of information relating to reg14 istered provisional immigrant applica- 15 tions 16 ''Any person who knowingly uses, publishes, or per- 17 mits information described in section 245E(a) of the Im18 migration and Nationality Act to be examined in violation 19 of such section shall be fined not more than $10,000.''. 20 (b) DEPOSIT OF FINES.--All criminal penalties col- 21 lected under section 1430 of title 18, United States Code, 22 as added by subsection (a), shall be deposited into the EAS13500 S.L.C. 131 1 Comprehensive Immigration Reform Trust Fund estab2 lished under section 6(a)(1). 3 (c) CLERICAL AMENDMENT.--The table of sections 4 in chapter 69 of title 18, United States Code, is amended 5 by adding at the end the following: ''1430. Improper use of information relating to registered provisional immigrant applications.''. 6 SEC. 2106. GRANT PROGRAM TO ASSIST ELIGIBLE APPLI- 7 8 CANTS. (a) ESTABLISHMENT.--The Secretary may establish, 9 within U.S. Citizenship and Immigration Services, a pro10 gram to award grants, on a competitive basis, to eligible 11 public or private nonprofit organizations that will use the 12 funding to assist eligible applicants under section 245B, 13 245C, or 245D of the Immigration and Nationality Act 14 by providing them with the services described in sub15 section (c). 16 17 (b) ELIGIBLE PUBLIC GANIZATION.--The OR PRIVATE NON-PROFIT OR- term ''eligible public or private non- 18 profit'' means a nonprofit, tax-exempt organization, in19 cluding a community, faith-based or other immigrant-serv20 ing organization, whose staff has demonstrated qualifica21 tions, experience, and expertise in providing quality serv22 ices to immigrants, refugees, persons granted asylum, or 23 persons applying for such statuses. EAS13500 S.L.C. 132 1 (c) USE OF FUNDS.--Grant funds awarded under 2 this section may be used for the design and implementa3 tion of programs that provide-- 4 (1) information to the public regarding the eli- 5 gibility and benefits of registered provisional immi- 6 grant status authorized under section 245B of the 7 Immigration and Nationality Act, particularly indi- 8 viduals potentially eligible for such status; 9 (2) assistance, within the scope of authorized 10 practice of immigration law, to individuals submit- 11 ting applications for registered provisional immi- 12 grant status, including-- 13 14 (A) screening prospective applicants to assess their eligibility for such status; 15 (B) completing applications and petitions, 16 including providing assistance in obtaining the 17 requisite documents and supporting evidence; 18 (C) applying for any waivers for which ap- 19 plicants and qualifying family members may be 20 eligible; and 21 (D) providing any other assistance that the 22 Secretary or grantees consider useful or nec- 23 essary to apply for registered provisional immi- 24 grant status; EAS13500 S.L.C. 133 1 (3) assistance, within the scope of authorized 2 practice of immigration law, to individuals seeking to 3 adjust their status to that of an alien admitted for 4 permanent residence under section 245C of the Im- 5 migration and Nationality Act; and 6 (4) assistance, within the scope of authorized 7 practice of immigration law, and instruction, to indi- 8 viduals-- (A) on the rights and responsibilities of 9 10 United States citizenship; (B) in civics and civics-based English as a 11 12 second language; and (C) in applying for United States citizen- 13 14 15 16 ship. (d) SOURCE OF GRANT FUNDS.-- (1) APPLICATION FEES.--The Secretary may 17 use up to $50,000,000 from the Comprehensive Im- 18 migration Reform Trust Fund established under sec- 19 tion 6(a)(1) to carry out this section. 20 21 (2) AUTHORIZATION (A) AMOUNTS OF APPROPRIATIONS.-- AUTHORIZED.--In addition 22 to the amounts made available under paragraph 23 (1), there are authorized to be appropriated 24 such sums as may be necessary for each of the EAS13500 S.L.C. 134 1 fiscal years 2014 through 2018 to carry out 2 this section. 3 (B) AVAILABILITY.--Any amounts appro- 4 priated pursuant to subparagraph (A) shall re- 5 main available until expended. 6 SEC. 2107. CONFORMING AMENDMENTS TO THE SOCIAL SE- 7 CURITY ACT. 8 (a) CORRECTION 9 (1) IN OF SOCIAL SECURITY RECORDS.-- GENERAL.--Section 208(e)(1) of the So- 10 cial Security Act (42 U.S.C. 408(e)(1)) is amend- 11 ed-- (A) in subparagraph (B)(ii), by striking 12 13 ''or'' at the end; (B) in subparagraph (C), by striking the 14 15 comma at the end and inserting a semicolon; (C) by inserting after subparagraph (C) 16 17 the following: 18 ''(D) who is granted status as a registered 19 provisional immigrant under section 245B or 20 245D of the Immigration and Nationality Act; 21 or 22 ''(E) whose status is adjusted to that of 23 lawful permanent resident under section 245C 24 of the Immigration and Nationality Act,''; and EAS13500 S.L.C. 135 1 (D) in the undesignated matter at the end, 2 by inserting '', or in the case of an alien de- 3 scribed in subparagraph (D) or (E), if such 4 conduct is alleged to have occurred before the 5 date on which the alien submitted an applica- 6 tion under section 245B of such Act for classi- 7 fication as a registered provisional immigrant'' 8 before the period at the end. 9 (2) EFFECTIVE DATE.--The amendments made 10 by paragraph (1) shall take effect on the first day 11 of the tenth month that begins after the date of the 12 enactment of this Act. 13 (b) STATE DISCRETION REGARDING TERMINATION 14 15 OF PARENTAL RIGHTS .-- (1) IN GENERAL.--A compelling reason for a 16 State not to file (or to join in the filing of) a petition 17 to terminate parental rights under section 475(5)(E) 18 of the Social Security Act (42 U.S.C. 675(5)(E)) 19 shall include-- 20 21 (A) the removal of the parent from the United States; or 22 (B) the involvement of the parent in (in- 23 cluding detention pursuant to) an immigration 24 proceeding, unless the parent is unfit or unwill- 25 ing to be a parent of the child. EAS13500 S.L.C. 136 1 (2) CONDITIONS.--Before a State may file to 2 terminate the parental rights under such section 3 475(5)(E)-- 4 (A) the State (or the county or other polit- 5 ical subdivision of the State, as applicable) shall 6 make reasonable efforts-- 7 (i) to identify, locate, and contact, 8 through the diplomatic or consular offices 9 of the country to which the parent was re- 10 moved or in which a parent or relative re- 11 sides-- 12 (I) any parent of the child who 13 has been removed from the United 14 States; and 15 (II) if possible, any potential 16 adult relative of the child (as de- 17 scribed in section 471(a)(29)); 18 (ii) to notify such parent or relative of 19 the intent of the State (or the county or 20 other political subdivision of the State, as 21 applicable) to file (or to join in the filing 22 of) a petition referred to in paragraph (1); 23 or 24 25 (iii) to reunify the child with any such parent or relative; and EAS13500 S.L.C. 137 1 (B) appropriate services have been pro- 2 vided (and documented) to the parent or rel- 3 ative. 4 (3) CONFORMING AMENDMENT.--Section 5 475(5)(E)(ii) of the Social Security Act (42 U.S.C. 6 675(5)(E)) is amended by inserting '', including the 7 reason set forth in section 2107(b)(1) of the Border 8 Security, Economic Opportunity, and Immigration 9 Modernization Act'' after ''child''. 10 (c) CHILDREN SEPARATED FROM PARENTS AND 11 CAREGIVERS.-- (1) STATE 12 PLAN FOR FOSTER CARE AND ADOP- 13 TION ASSISTANCE.--Section 471(a) of the Social Se- 14 curity Act (42 U.S.C. 671(a)) is amended-- (A) by amending paragraph (19) to read 15 16 as follows: 17 ''(19) provides that the State shall consider giv- 18 ing preference to an adult relative over a nonrelated 19 caregiver when determining a placement for a child 20 if-- 21 22 ''(A) the relative caregiver meets all relevant State child protection standards; and 23 ''(B) the standards referred to in subpara- 24 graph (A) ensure that the immigration status 25 alone of a parent, legal guardian, or relative EAS13500 S.L.C. 138 1 shall not disqualify the parent, legal guardian, 2 or relative from being a placement for a child;''; 3 and 4 5 6 7 8 9 (B) in paragraph (32), by striking ''and'' at the end; (C) in paragraph (33), by striking the period at the end and inserting ''; and''; and (D) by adding at the end the following: ''(34) provides that the State shall-- 10 ''(A) ensure that the case manager for a 11 separated child is capable of communicating in 12 the native language of such child and of the 13 family of such child, or an interpreter who is so 14 capable is provided to communicate with such 15 child and the family of such child at no cost to 16 the child or to the family of such child; 17 ''(B) coordinate with the Department of 18 Homeland Security to ensure that parents who 19 wish for their child to accompany them to their 20 country of origin are given adequate time and 21 assistance to obtain a passport and visa, and to 22 collect all relevant vital documents, such as 23 birth certificate, health, and educational records 24 and other information; EAS13500 S.L.C. 139 1 ''(C) coordinate with State agencies re- 2 garding alternate documentation requirements 3 for a criminal records check or a fingerprint- 4 based check for a caregiver that does not have 5 Federal or State-issued identification; 6 ''(D) preserve, to the greatest extent pos- 7 sible, the privacy and confidentiality of all infor- 8 mation gathered in the course of administering 9 the care, custody, and placement of, and follow 10 up services provided to, a separated child, con- 11 sistent with the best interest of such child, by 12 not disclosing such information to other govern- 13 ment agencies or persons (other than a parent, 14 guardian, or relative caregiver or such child), 15 except that the head of the State agency may 16 disclose such information, after placing a writ- 17 ten record of the disclosure in the file of the 18 child-- 19 ''(i) to a consular official for the pur- 20 pose of reunification of a child with a par- 21 ent, legal guardian, or relative caregiver 22 who has been removed or is involved in an 23 immigration proceeding, unless the child 24 has refused contact with, or the sharing of 25 personal or identifying information with, EAS13500 S.L.C. 140 1 the government of his or her country of or- 2 igin; 3 ''(ii) when authorized to do so by the 4 child (if the child has attained 18 years of 5 age) if the disclosure is consistent with the 6 best interest of the child; or 7 ''(iii) to a law enforcement agency if 8 the disclosure would prevent imminent and 9 serious harm to another individual; and 10 ''(E) not less frequently than annually, 11 compile, update, and publish a list of entities in 12 the State that are qualified to provide guardian 13 and legal representation services for a separated 14 child, in a language such that a child can read 15 and understand.''. 16 (2) ADDITIONAL INFORMATION 17 CLUDED IN CASE PLAN.--Section 18 TO BE IN- (42 U.S.C. 675) is amended-- 19 20 475 of such Act (A) in paragraph (1), by adding at the end the following: 21 ''(H) In the case of a separated child with 22 respect to whom the State plan requires the 23 State 24 471(a)(34)-- to provide services under section EAS13500 S.L.C. 141 1 ''(i) the location of the parent, guard- 2 ian, or relative described in paragraph 3 (9)(A) from whom the child has been sepa- 4 rated; and 5 ''(ii) a written record of each disclo- 6 sure to a government agency or person 7 (other than such a parent, guardian, or 8 relative) of information gathered in the 9 course of tracking the care, custody, and 10 placement of, and follow-up services pro- 11 vided to, the child.''; and 12 (B) by adding at the end the following: 13 ''(9) The term 'separated child' means an indi- 14 15 16 vidual who-- ''(A) has a parent, legal guardian, or primary caregiver who has been-- 17 ''(i) detained by a Federal, State, or 18 local law enforcement agency in the en- 19 forcement of an immigration law; or 20 ''(ii) removed from the United States 21 as a result of a violation of such a law; and 22 ''(B) is in foster care under the responsi- 23 bility of a State.''. 24 (3) EFFECTIVE 25 DATE.--The amendments made by this subsection shall take effect on the 1st day EAS13500 S.L.C. 142 1 of the 1st calendar quarter that begins after the 1- 2 year period that begins on the date of the enactment 3 of this Act. 4 SEC. 2108. GOVERNMENT CONTRACTING AND ACQUISITION 5 OF REAL PROPERTY INTEREST. (a) EXEMPTION FROM GOVERNMENT CONTRACTING 6 7 8 AND HIRING RULES.-- (1) IN GENERAL.--A determination by a Fed- 9 eral agency to use a procurement competition ex- 10 emption under section 253(c) of title 41, United 11 States Code, or to use the authority granted in para- 12 graph (2), for the purpose of implementing this title 13 and the amendments made by this title is not sub- 14 ject to challenge by protest to the Government Ac- 15 countability Office under sections 3551 and 3556 of 16 title 31, United States Code, or to the Court of Fed- 17 eral Claims, under section 1491 of title 28, United 18 States Code. An agency shall immediately advise the 19 Congress of the exercise of the authority granted 20 under this paragraph. 21 (2) GOVERNMENT CONTRACTING EXEMPTION.-- 22 The competition requirement under section 253(a) 23 of title 41, United States Code, may be waived or 24 modified by a Federal agency for any procurement 25 conducted to implement this title or the amendments EAS13500 S.L.C. 143 1 made by this title if the senior procurement execu- 2 tive for the agency conducting the procurement-- (A) determines that the waiver or modi- 3 4 fication is necessary; and 5 (B) submits an explanation for such deter- 6 mination to the Committee on Homeland Secu- 7 rity and Governmental Affairs of the Senate 8 and the Committee on Homeland Security of 9 the House of Representatives. 10 (3) HIRING RULES EXEMPTION.--Notwith- 11 standing any other provision of law, the Secretary of 12 Homeland Security is authorized to make term, tem- 13 porary limited, and part-time appointments of em- 14 ployees who will implement this title and the amend- 15 ments made by this title without regard to the num- 16 ber of such employees, their ratio to permanent full- 17 time employees, and the duration of their employ- 18 ment. Nothing in chapter 71 of title 5, United 19 States Code, shall affect the authority of any De- 20 partment of Homeland Security management official 21 to hire term, temporary limited or part-time employ- 22 ees under this paragraph. 23 (b) AUTHORITY TO WAIVE ANNUITY LIMITATIONS.-- 24 Section 824(g)(2)(B) of the Foreign Service Act of 1980 EAS13500 S.L.C. 144 1 (22 U.S.C. 4064(g)(2)(B)) is amended by striking ''2009'' 2 and inserting ''2017''. 3 (c) AUTHORITY TO ACQUIRE LEASEHOLDS.--Not- 4 withstanding any other provision of law, the Secretary of 5 Homeland Security may acquire a leasehold interest in 6 real property, and may provide in a lease entered into 7 under this subsection for the construction or modification 8 of any facility on the leased property, if the Secretary de9 termines that the acquisition of such interest, and such 10 construction or modification, are necessary in order to fa11 cilitate the implementation of this title and the amend12 ments made by this title. 13 SEC. 2109. LONG-TERM LEGAL RESIDENTS OF THE COM- 14 MONWEALTH OF THE NORTHERN MARIANA 15 ISLANDS. 16 Section (6)(e) of the Joint Resolution entitled ''A 17 Joint Resolution to approve the 'Covenant to Establish a 18 Commonwealth of the Northern Mariana Islands in Polit19 ical Union with the United States of America', and for 20 other purposes'', approved March 24, 1976 (48 U.S.C. 21 1806(e)), as added by section 702 of the Consolidated 22 Natural Resources Act of 2008 (Public Law 110-229; 122 23 Stat. 854), is amended by adding at the end the following: 24 25 ''(6) SPECIAL PROVISION REGARDING LONG- TERM RESIDENTS OF THE COMMONWEALTH.-- EAS13500 S.L.C. 145 1 ''(A) CNMI-ONLY RESIDENT STATUS.-- 2 Notwithstanding paragraph (1), an alien de- 3 scribed in subparagraph (B) may, upon the ap- 4 plication of the alien, be admitted as an immi- 5 grant to the Commonwealth subject to the fol- 6 lowing rules: 7 ''(i) The alien shall be treated as an 8 immigrant lawfully admitted for permanent 9 residence in the Commonwealth only, in- 10 cluding permitting entry to and exit from 11 the Commonwealth, until the earlier of the 12 date on which-- 13 ''(I) the alien ceases to perma- 14 nently reside in the Commonwealth; 15 or 16 ''(II) the alien's status is ad- 17 justed under this paragraph or section 18 245 of the Immigration and Nation- 19 ality Act (8 U.S.C. 1255) to that of 20 an alien lawfully admitted for perma- 21 nent residence in accordance with all 22 applicable eligibility requirements. 23 ''(ii) The Secretary of Homeland Se- 24 curity shall establish a process for such 25 aliens to apply for CNMI-only permanent EAS13500 S.L.C. 146 1 resident status during the 90-day period 2 beginning on the first day of the sixth 3 month after the date of the enactment of 4 this paragraph. 5 ''(iii) Nothing in this subparagraph 6 may be construed to provide any alien sta- 7 tus under this subparagraph with public 8 assistance to which the alien is not other- 9 wise entitled. 10 ''(B) ALIENS 11 DESCRIBED.--An alien is de- scribed in this subparagraph if the alien-- 12 ''(i) is lawfully present in the Com- 13 monwealth under the immigration laws of 14 the United States; 15 ''(ii) is otherwise admissible to the 16 United States under the Immigration and 17 Nationality Act (8 U.S.C. 1101 et seq.); 18 ''(iii) resided continuously and law- 19 fully in the Commonwealth from November 20 28, 2009, through the date of the enact- 21 ment of this paragraph; 22 ''(iv) is not a citizen of the Republic 23 of the Marshall Islands, the Federated 24 States of Micronesia, or the Republic of 25 Palau; and EAS13500 S.L.C. 147 1 ''(v)(I) was born in the Northern 2 Mariana Islands between January 1, 1974 3 and January 9, 1978; 4 ''(II) was, on May 8, 2008, and con- 5 tinues to be as of the date of the enact- 6 ment of this paragraph, a permanent resi- 7 dent (as defined in section 4303 of title 3 8 of the Northern Mariana Islands Common- 9 wealth Code, in effect on May 8, 2008); 10 ''(III) is the spouse or child (as de- 11 fined in section 101(b)(1) of the Immigra- 12 tion 13 1101(b)(1))), of an alien described in sub- 14 clauses (I) or (II); and Nationality Act (8 U.S.C. 15 ''(IV) was, on May 8, 2008, an imme- 16 diate relative (as defined in section 4303 of 17 title 3 of the Northern Mariana Islands 18 Commonwealth Code, in effect on May 8, 19 2008, of a United States citizen, notwith- 20 standing the age of the United States cit- 21 izen, and continues to be such an imme- 22 diate relative on the date of the application 23 described in subparagraph (A); 24 ''(V) resided in the Northern Mariana 25 Islands as a guest worker under Common- EAS13500 S.L.C. 148 1 wealth immigration law for at least 5 years 2 before May 8, 2008 and is presently resi- 3 dent under CW-1 status; or 4 ''(VI) is the spouse or child (as de- 5 fined in section 101(b)(1) of the Immigra- 6 tion 7 1101(b)(1))), of the alien guest worker de- 8 scribed in subclause (V) and is presently 9 resident under CW-2 status. 10 and Nationality ''(C) ADJUSTMENT Act (8 U.S.C. FOR LONG TERM AND RESIDENTS.--Beginning on the 11 PERMANENT 12 date that is 5 years after the date of the enact- 13 ment of the Border Security, Economic Oppor- 14 tunity, and Immigration Modernization Act, an 15 alien described in subparagraph (B) may apply 16 to receive an immigrant visa or to adjust his or 17 her status to that of an alien lawfully admitted 18 for permanent residence.''. 19 20 SEC. 2110. RULEMAKING. (a) IN GENERAL.--Not later than 1 year after the 21 date of the enactment of this Act, the Secretary, the Attor22 ney General, and the Secretary of State separately shall 23 issue interim final regulations to implement this subtitle 24 and the amendments made by this subtitle, which shall EAS13500 S.L.C. 149 1 take effect immediately upon publication in the Federal 2 Register. 3 (b) APPLICATION PROCEDURES; PROCESSING FEES; 4 DOCUMENTATION.--The interim final regulations issued 5 under subsection (a) shall include-- 6 (1) the procedures by which an alien, and the 7 dependent spouse and children of such alien may 8 apply for status under section 245B of the Immigra- 9 tion and Nationality Act, as added by section 2101 10 of this Act, as a registered provisional immigrant or 11 a registered provisional immigrant dependent, as ap- 12 plicable, including the evidence required to dem- 13 onstrate eligibility for such status or to be included 14 in each application for such status; 15 16 17 (2) the criteria to be used by the Secretary to determine-- (A) the maximum processing fee payable 18 under 19 245C(c)(5)(A) of such Act by a family, includ- 20 ing spouses and unmarried children younger 21 than 21 years of age; and 22 23 sections 245B(c)(10)(B) and (B) which individuals will be exempt from such fees; EAS13500 S.L.C. 150 1 (3) the documentation required to be submitted 2 by the applicant to demonstrate compliance with sec- 3 tion 245C(b)(3) of such Act; and 4 (4) the procedures for a registered provisional 5 immigrant to apply for adjustment of status under 6 section 245C or 245D of such Act, including the evi- 7 dence required to be submitted with such application 8 to demonstrate the applicant's eligibility for such ad- 9 justment. (c) EXEMPTION FROM NATIONAL ENVIRONMENTAL 10 11 POLICY ACT.--Any decision by the Secretary concerning 12 any rulemaking action, plan, or program described in this 13 section shall not be considered to be a major Federal ac14 tion subject to review under the National Environmental 15 Policy Act of 1969 (42 U.S.C. 4321 et seq.). 16 SEC. 2111. STATUTORY CONSTRUCTION. 17 Except as specifically provided, nothing in this sub- 18 title, or any amendment made by this subtitle, may be con19 strued to create any substantive or procedural right or 20 benefit that is legally enforceable by any party against the 21 United States or its agencies or officers or any other per22 son. EAS13500 S.L.C. 151 1 2 3 4 Subtitle B--Agricultural Worker Program SEC. 2201. SHORT TITLE. This subtitle may be cited as the ''Agricultural Work- 5 er Program Act of 2013''. 6 SEC. 2202. DEFINITIONS. 7 In this subtitle: 8 (1) BLUE CARD STATUS.--The term ''blue card 9 status'' means the status of an alien who has been 10 lawfully admitted into the United States for tem- 11 porary residence under section 2211. 12 (2) AGRICULTURAL 13 ''agricultural employment''-- EMPLOYMENT.--The term 14 (A) subject to subparagraph (B) has the 15 meaning given such term in section 3 of the Mi- 16 grant and Seasonal Agricultural Worker Protec- 17 tion Act (29 U.S.C. 1802), without regard to 18 whether the specific service or activity is tem- 19 porary or seasonal; and 20 (B) includes farming in all its branches, 21 the cultivation and tillage of the soil, dairying, 22 the production, cultivation, growing, and har- 23 vesting of any agricultural or horticultural com- 24 modities, the raising of livestock, bees, fur-bear- 25 ing animals, or poultry, and any practices (in- EAS13500 S.L.C. 152 1 cluding any forestry or lumbering operations) 2 performed by a farmer or on a farm as an inci- 3 dent to, or in conjunction with, such farming 4 operations, including preparation for market, 5 delivery to storage or to market or to carriers 6 for transportation to market. 7 (3) CHILD.--The term ''child'' has the meaning 8 given the term in section 101(b)(1) of the Immigra- 9 tion and Nationality Act (8 U.S.C. 1101(b)(1)). 10 (4) EMPLOYER.--The term ''employer'' means 11 any person or entity, including any farm labor con- 12 tractor and any agricultural association, that em- 13 ploys workers in agricultural employment. 14 15 (5) QUALIFIED DESIGNATED ENTITY.--The term ''qualified designated entity'' means-- 16 (A) a qualified farm labor organization or 17 an association of employers designated by the 18 Secretary; or 19 (B) any other entity that the Secretary 20 designates as having substantial experience, 21 demonstrated competence, and a history of 22 long-term involvement in the preparation and 23 submission of application for adjustment of sta- 24 tus under title II of the Immigration and Na- 25 tionality Act (8 U.S.C. 1151 et seq.). EAS13500 S.L.C. 153 1 (6) WORK DAY.--The term ''work day'' means 2 any day in which the individual is employed 5.75 or 3 more hours in agricultural employment. 4 CHAPTER 1--PROGRAM FOR EARNED STA5 TUS ADJUSTMENT OF AGRICULTURAL 6 WORKERS 7 8 9 Subchapter A--Blue Card Status SEC. 2211. REQUIREMENTS FOR BLUE CARD STATUS. (a) REQUIREMENTS FOR BLUE CARD STATUS.--Not- 10 withstanding any other provision of law, the Secretary, 11 after conducting the national security and law enforce12 ment clearances required under section 245B(c)(4), may 13 grant blue card status to an alien who-- 14 (1)(A) performed agricultural employment in 15 the United States for not fewer than 575 hours or 16 100 work days during the 2-year period ending on 17 December 31, 2012; or 18 19 (B) is the spouse or child of an alien described in paragraph (1); 20 (2) submits a completed application before the 21 end of the period set forth in subsection (b)(2); and 22 (3) is not ineligible under paragraph (3) or (4) 23 of section 245B(b) of the Immigration and Nation- 24 ality Act. 25 (b) APPLICATION.-- EAS13500 S.L.C. 154 1 (1) IN GENERAL.--An alien who meets the eli- 2 gibility requirements set forth in subsection (a)(1), 3 may apply for blue card status and that alien's 4 spouse or child may apply for agricultural worker 5 status as a dependent, by submitting a completed 6 application form to the Secretary during the applica- 7 tion period set forth in paragraph (2) in accordance 8 with the final rule promulgated by the Secretary 9 pursuant to subsection (f). 10 (2) APPLICATION 11 (A) INITIAL PERIOD.-- PERIOD.--Except as provided 12 in subparagraph (B), the Secretary may only 13 accept applications for blue card status from 14 aliens in the United States during the 1-year 15 period beginning on the date on which the final 16 rule is published in the Federal Register pursu- 17 ant to subsection (f). 18 (B) EXTENSION.--If the Secretary deter- 19 mines, during the initial period described in 20 subparagraph (A), that additional time is re- 21 quired to process applications for blue card sta- 22 tus or for other good cause, the Secretary may 23 extend the period for accepting applications for 24 an additional 18 months. 25 (3) APPLICATION FORM.-- EAS13500 S.L.C. 155 (A) REQUIRED 1 INFORMATION.--The appli- 2 cation form referred to in paragraph (1) shall 3 collect such information as the Secretary deter- 4 mines necessary and appropriate. (B) FAMILY 5 APPLICATION.--The Secretary 6 shall establish a process through which an alien 7 may submit a single application under this sec- 8 tion on behalf of the alien, his or her spouse, 9 and his or her children, who are residing in the 10 United States. (C) 11 INTERVIEW.--The Secretary may 12 interview applicants for blue card status to de- 13 termine whether they meet the eligibility re- 14 quirements set forth in subsection (a)(1). 15 (4) ALIENS APPREHENDED BEFORE OR DURING 16 THE APPLICATION PERIOD.--If an alien, who is ap- 17 prehended during the period beginning on the date 18 of the enactment of this Act and ending on the ap- 19 plication period described in paragraph (2), appears 20 prima facie eligible for blue card status, the Sec- 21 retary-- 22 (A) shall provide the alien with a reason- 23 able opportunity to file an application under 24 this section during such application period; and EAS13500 S.L.C. 156 1 (B) may not remove the individual until a 2 final administrative determination is made on 3 the application. 4 (5) SUSPENSION 5 6 OF REMOVAL DURING APPLI- CATION PERIOD.-- (A) PROTECTION FROM DETENTION OR 7 REMOVAL.--An alien granted blue card status 8 may not be detained by the Secretary or re- 9 moved from the United States unless-- 10 (i) such alien is, or has become, ineli- 11 gible for blue card status under subsection 12 (a)(1)(C); or 13 (ii) the alien's blue card status has 14 been revoked under subsection (2). 15 (B) ALIENS IN REMOVAL PROCEEDINGS.-- 16 Notwithstanding any other provision of the Im- 17 migration and Nationality Act (8 U.S.C. 1101 18 et seq.)-- 19 (i) if the Secretary determines that an 20 alien, during the period beginning on the 21 date of the enactment of this section and 22 ending on the last day of the application 23 period described in paragraph (2), is in re- 24 moval, 25 ceedings before the Executive Office for deportation, or exclusion pro- EAS13500 S.L.C. 157 1 Immigration Review and is prima facie eli- 2 gible for blue card status under this sec- 3 tion-- 4 (I) the Secretary shall provide 5 the alien with the opportunity to file 6 an application for such status; and 7 (II) upon motion by the Sec- 8 retary and with the consent of the 9 alien or upon motion by the alien, the 10 Executive Office for Immigration Re- 11 view shall-- 12 (aa) terminate such pro- 13 ceedings without prejudice to fu- 14 ture proceedings on any basis; 15 and 16 (bb) provide the alien a rea- 17 sonable opportunity to apply for 18 such status; and 19 (ii) if the Executive Office for Immi- 20 gration Review determines that an alien, 21 during the application period described in 22 paragraph (2), is in removal, deportation, 23 or exclusion proceedings before the Execu- 24 tive Office for Immigration Review and is EAS13500 S.L.C. 158 1 prima facie eligible for blue card status 2 under this section-- 3 (I) the Executive Office of Immi- 4 gration Review shall notify the Sec- 5 retary of such determination; and 6 (II) if the Secretary does not dis- 7 pute the determination of prima facie 8 eligibility within 7 days after such no- 9 tification, the Executive Office for Im- 10 migration Review, upon consent of the 11 alien, shall-- 12 (aa) terminate such pro- 13 ceedings without prejudice to fu- 14 ture proceedings on any basis; 15 and 16 (bb) permit the alien a rea- 17 sonable opportunity to apply for 18 such status. 19 (C) TREATMENT 20 (i) IN OF CERTAIN ALIENS.-- GENERAL.--If an alien who 21 meets the eligibility requirements set forth 22 in subsection (a) is present in the United 23 States and has been ordered excluded, de- 24 ported, or removed, or ordered to depart EAS13500 S.L.C. 159 1 voluntarily from the United States under 2 any provision of this Act-- 3 (I) notwithstanding such order or 4 section 241(a)(5) of the Immigration 5 and 6 1231(a)(5)), the alien may apply for 7 blue card status under this section; 8 and Nationality Act (8 U.S.C. 9 (II) if the alien is granted such 10 status, the alien shall file a motion to 11 reopen the exclusion, deportation, re- 12 moval, or voluntary departure order, 13 which motion shall be granted unless 14 1 or more of the grounds of ineligi- 15 bility is established by clear and con- 16 vincing evidence. 17 (ii) LIMITATIONS ON MOTIONS TO RE- 18 OPEN.--The 19 open set forth in section 240(c)(7) of the 20 Immigration and Nationality Act (8 U.S.C. 21 1229a(c)(7)) shall not apply to motions 22 filed under clause (i)(II). 23 (D) PERIOD 24 APPLICATION.-- limitations on motions to re- PENDING ADJUDICATION OF EAS13500 S.L.C. 160 1 (i) IN GENERAL.--During the period 2 beginning on the date on which an alien 3 applies for blue card status under para- 4 graph (1) and the date on which the Sec- 5 retary makes a final decision regarding 6 such application, the alien-- 7 (I) may receive advance parole to 8 reenter the United States if urgent 9 humanitarian circumstances compel 10 such travel; 11 (II) may not be detained by the 12 Secretary or removed from the United 13 States unless the Secretary makes a 14 prima facie determination that such 15 alien is, or has become, ineligible for 16 blue card status under subsection 17 (a)(1)(c); 18 (III) shall not be considered un- 19 lawfully present for purposes of sec- 20 tion 212(a)(9)(B) of the Immigration 21 and 22 1182(a)(9)(B)); and Nationality Act (8 U.S.C. 23 (IV) shall not be considered an 24 unauthorized alien (as defined in sec- 25 tion 274A(h)(3) of the Immigration EAS13500 S.L.C. 161 1 and Nationality 2 1324a(h)(3))). 3 (ii) EVIDENCE Act (8 U.S.C. OF APPLICATION FIL- 4 ING.--As 5 ing each application for blue card status, 6 the Secretary shall provide the applicant 7 with a document acknowledging the receipt 8 of such application. 9 soon as practicable after receiv- (iii) CONTINUING EMPLOYMENT.--An 10 employer who knows an alien employee is 11 an applicant for blue card status or will 12 apply for such status once the application 13 period commences is not in violation of sec- 14 tion 274A(a)(2) of the Immigration and 15 Nationality Act (8 U.S.C. 1324a(a)(2)) if 16 the employer continues to employ the alien 17 pending the adjudication of the alien em- 18 ployee's application. 19 (iv) EFFECT OF DEPARTURE.--Sec- 20 tion 101(g) of the Immigration and Na- 21 tionality Act (8 U.S.C. 1101(g)) shall not 22 apply to an alien granted-- 23 (I) advance parole under clause 24 (i)(I) to reenter the United States; or 25 (II) blue card status. EAS13500 S.L.C. 162 1 2 3 (6) SECURITY AND LAW ENFORCEMENT CLEAR- ANCES.-- (A) BIOMETRIC AND BIOGRAPHIC DATA.-- 4 The Secretary may not grant blue card status 5 to an alien or an alien dependent spouse or 6 child under this section unless such alien sub- 7 mits biometric and biographic data in accord- 8 ance with procedures established by the Sec- 9 retary. 10 (B) ALTERNATIVE PROCEDURES.--The 11 Secretary shall provide an alternative procedure 12 for applicants who cannot provide the standard 13 biometric data required under subparagraph 14 (A) because of a physical impairment. 15 (C) CLEARANCES.-- 16 (i) DATA COLLECTION.--The Sec- 17 retary shall collect, from each alien apply- 18 ing for status under this section, biometric, 19 biographic, and other data that the Sec- 20 retary determines to be appropriate-- 21 22 (I) to conduct national security and law enforcement clearances; and 23 (II) to determine whether there 24 are any national security or law en- EAS13500 S.L.C. 163 1 forcement factors that would render 2 an alien ineligible for such status. 3 (ii) PREREQUISITE.--The required 4 clearances described in clause (i)(I) shall 5 be completed before the alien may be 6 granted blue card status. 7 (7) DURATION 8 (A) IN OF STATUS AND EXTENSION.-- GENERAL.--After the date that is 8 9 years after the date regulations are published 10 under this section, no alien may remain in blue 11 card status. 12 (B) EXTENSION.--An extension of blue 13 card status may not be granted by the Sec- 14 retary until renewed national security and law 15 enforcement clearances have been completed 16 with respect to the applicant, to the satisfaction 17 of the Secretary. 18 (8) FEES AND PENALTIES.-- 19 (A) STANDARD 20 (i) IN PROCESSING FEE.-- GENERAL.--Aliens who are 16 21 years of age or older and are applying for 22 blue card status under paragraph (2), or 23 for an extension of such status, shall pay 24 a processing fee to the Department of EAS13500 S.L.C. 164 1 Homeland Security in an amount deter- 2 mined by the Secretary. 3 (ii) RECOVERY OF COSTS.--The proc- 4 essing fee authorized under clause (i) shall 5 be set at a level that is sufficient to recover 6 the full costs of processing the application, 7 including any costs incurred-- 8 (I) to adjudicate the application; 9 (II) to take and process bio- 10 metrics; 11 (III) to perform national security 12 and criminal checks, including adju- 13 dication; 14 15 16 (IV) to prevent and investigate fraud; and (V) to administer the collection 17 of such fee. 18 (iii) AUTHORITY 19 TO LIMIT FEES.-- The Secretary, by regulation, may-- 20 (I) limit the maximum processing 21 fee payable under this subparagraph 22 by a family, including spouses and un- 23 married children younger than 21 24 years of age; and EAS13500 S.L.C. 165 1 (II) exempt defined classes of in- 2 dividuals from the payment of the fee 3 authorized under clause (i). 4 (B) DEPOSIT 5 FEES.--Fees 6 AND USE OF PROCESSING graph (A)(i)-- 7 collected pursuant to subpara- (i) shall be deposited into the Com- 8 prehensive 9 Fund established under section 6(a)(1); 10 Immigration Reform Trust (ii) may be used for the purposes set 11 forth in section 6(a)(3)(B). 12 (C) PENALTY.-- 13 (i) PAYMENT.--In addition to the 14 processing fee required under subpara- 15 graph (A), aliens who are 21 years of age 16 or older and are applying for blue card sta- 17 tus under paragraph (2) shall pay a $100 18 penalty to the Department. 19 (ii) DEPOSIT.--Penalties collected 20 pursuant to clause (i) shall be deposited 21 into the Comprehensive Immigration Re- 22 form Trust Fund established under section 23 6(a)(1). 24 (9) ADJUDICATION.-- EAS13500 S.L.C. 166 1 (A) FAILURE TO SUBMIT SUFFICIENT EVI- 2 DENCE.--The 3 tion submitted by an alien who fails to sub- 4 mit-- 5 6 7 Secretary shall deny an applica- (i) requested initial evidence, including requested biometric data; or (ii) any requested additional evidence 8 by the date required by the Secretary. 9 (B) AMENDED APPLICATION.--An alien 10 whose application for blue card status is denied 11 under subparagraph (A) may file an amended 12 application for such status to the Secretary if 13 the amended application-- 14 15 (i) is filed within the application period described in paragraph (2); and 16 (ii) contains all the required informa- 17 tion and fees that were missing from the 18 initial application. 19 20 (10) EVIDENCE (A) IN OF BLUE CARD STATUS.-- GENERAL.--The Secretary shall 21 issue documentary evidence of blue card status 22 to each alien whose application for such status 23 has been approved. EAS13500 S.L.C. 167 (B) DOCUMENTATION 1 FEATURES.--Docu- 2 mentary evidence provided under subparagraph 3 (A)-- 4 (i) shall be machine-readable and tam- 5 per-resistant, and shall contain a digitized 6 photograph; 7 (ii) shall, during the alien's authorized 8 period of admission, and any extension of 9 such authorized admission, serve as a valid 10 travel and entry document for the purpose 11 of applying for admission to the United 12 States; 13 (iii) may be accepted during the pe- 14 riod of its validity by an employer as evi- 15 dence of employment authorization and 16 identity under section 274A(b)(1)(B) of 17 the Immigration and Nationality Act (8 18 U.S.C. 1324a(b)(1)(B)); and 19 (iv) shall include such other features 20 and information as the Secretary may pre- 21 scribe. 22 23 24 (c) TERMS AND CONDITIONS OF BLUE CARD STA- TUS.-- (1) CONDITIONS OF BLUE CARD STATUS.-- EAS13500 S.L.C. 168 1 (A) EMPLOYMENT.--Notwithstanding any 2 other provision of 3 241(a)(7) of the Immigration and Nationality 4 Act (8 U.S.C. 1231(a)(7)), an alien with blue 5 card status shall be authorized to be employed 6 in the United States while in such status. including section 7 (B) 8 STATES.--An 9 travel outside of the United States and may be 10 admitted, if otherwise admissible, upon return- 11 ing to the United States without having to ob- 12 tain a visa if-- 13 TRAVEL law, OUTSIDE THE UNITED alien with blue card status may (i) the alien is in possession of-- 14 (I) valid, unexpired documentary 15 evidence of blue card status that com- 16 plies with subsection (b)(11); or 17 (II) a travel document that has 18 been approved by the Secretary and 19 was issued to the alien after the 20 alien's original documentary evidence 21 was lost, stolen, or destroyed; 22 (ii) the alien's absence from the 23 United States did not exceed 180 days, un- 24 less the alien's failure to timely return was EAS13500 S.L.C. 169 1 due to extenuating circumstances beyond 2 the alien's control; and 3 (iii) the alien establishes that the alien 4 is not inadmissible under subparagraph 5 (A)(i), (A)(iii), (B), or (C) of section 6 212(a)(3) of the Immigration and Nation- 7 ality Act (8 U.S.C. 1182(a)(3)). 8 (C) ADMISSION.--An alien granted blue 9 card status shall be considered to have been ad- 10 mitted in such status as of the date on which 11 the alien's application was filed. 12 13 14 15 (D) CLARIFICATION OF STATUS.--An alien granted blue card status-- (i) is lawfully admitted to the United States; and 16 (ii) may not be classified as a non- 17 immigrant or as an alien who has been 18 lawfully admitted for permanent residence. 19 20 (2) REVOCATION.-- (A) IN GENERAL.--The Secretary may re- 21 voke blue card status at any time after pro- 22 viding appropriate notice to the alien, and after 23 the exhaustion or waiver of all applicable ad- 24 ministrative review procedures under section 25 245E(c) of the Immigration and Nationality EAS13500 S.L.C. 170 1 Act, as added by section 2104(a) of this Act, if 2 the alien-- 3 (i) no longer meets the eligibility re- 4 quirements 5 described in subsection (a)(1)(C); 6 (ii) knowingly used documentation 7 issued under this section for an unlawful 8 or fraudulent purpose; or 9 10 (iii) was absent from the United States for-- 11 (I) any single period longer than 12 180 days in violation of the require- 13 ment under paragraph (1)(B)(ii); or 14 (II) for more than 180 days in 15 the aggregate during any calendar 16 year, unless the alien's failure to time- 17 ly return was due to extenuating cir- 18 cumstances beyond the alien's control. 19 20 (B) ADDITIONAL (i) IN EVIDENCE.-- GENERAL.--In determining 21 whether to revoke an alien's status under 22 subparagraph (A), the Secretary may re- 23 quire the alien-- (I) to submit additional evidence; 24 25 or EAS13500 S.L.C. 171 (II) to appear for an interview. 1 2 (ii) EFFECT OF NONCOMPLIANCE.-- 3 The status of an alien who fails to comply 4 with any requirement imposed by the Sec- 5 retary under clause (i) shall be revoked un- 6 less the alien demonstrates to the Sec- 7 retary's satisfaction that such failure was 8 reasonably excusable. 9 (C) INVALIDATION OF DOCUMENTATION.-- 10 If an alien's blue card status is revoked under 11 subparagraph (A), any documentation issued by 12 the Secretary to such alien under subsection 13 (b)(11) shall automatically be rendered invalid 14 for any purpose except for departure from the 15 United States. 16 (3) INELIGIBILITY FOR PUBLIC BENEFITS.--An 17 alien who has been granted blue card status is not 18 eligible for any Federal means-tested public benefit 19 (as such term is defined in section 403 of the Per- 20 sonal Responsibility and Work Opportunity Rec- 21 onciliation Act of 1996 (8 U.S.C. 1613). 22 (4) TREATMENT OF BLUE CARD STATUS.--A 23 noncitizen granted blue card status shall be consid- 24 ered lawfully present in the United States for all EAS13500 S.L.C. 172 1 purposes while such noncitizen remains in such sta- 2 tus, except that the noncitizen-- 3 (A) is not entitled to the premium assist- 4 ance tax credit authorized under section 36B of 5 the Internal Revenue Code of 1986; 6 (B) shall be subject to the rules applicable 7 to individuals who are not lawfully present set 8 forth in subsection (e) of such section; and 9 (C) shall be subject to the rules applicable 10 to individuals who are not lawfully present set 11 forth in section 1402(e) of the Patient Protec- 12 tion and Affordable Care Act (42 U.S.C. 13 18071(e)). 14 (5) ADJUSTMENT 15 IMMIGRANT STATUS.--The 16 status of an alien who has been granted blue card 17 status to the status of a registered provisional immi- 18 grant under section 245B if the Secretary deter- 19 mines that the alien is unable to fulfill the agricul- 20 tural service requirement set forth in section 21 2212(a)(1). 22 (d) RECORD OF EMPLOYMENT.-- 23 24 (1) IN TO REGISTERED PROVISIONAL Secretary may adjust the GENERAL.--Each employer of an alien granted blue card status shall annually provide-- EAS13500 S.L.C. 173 1 2 3 (A) a written record of employment to the alien; and (B) a copy of such record to the Secretary 4 of Agriculture. 5 (2) CIVIL 6 PENALTIES.-- (A) IN GENERAL.--If the Secretary finds, 7 after notice and an opportunity for a hearing, 8 that an employer of an alien granted blue card 9 status has knowingly failed to provide the 10 record of employment required under paragraph 11 (1) or has provided a false statement of mate- 12 rial fact in such a record, the employer shall be 13 subject to a civil penalty in an amount not to 14 exceed $500 per violation. 15 (B) LIMITATION.--The penalty under sub- 16 paragraph (A) for failure to provide employ- 17 ment records shall not apply unless the alien 18 has provided the employer with evidence of em- 19 ployment authorization provided under sub- 20 section (c). 21 (C) DEPOSIT OF CIVIL PENALTIES.--Civil 22 penalties collected under this paragraph shall be 23 deposited in the Comprehensive Immigration 24 Reform Trust Fund established under section 25 6(a)(1). EAS13500 S.L.C. 174 (3) TERMINATION 1 OF OBLIGATION.--The obli- 2 gation under paragraph (1) shall terminate on the 3 date that is 8 years after the date of the enactment 4 of this Act. 5 (e) RULEMAKING.--Not later than 1 year after the 6 date of the enactment of this Act, the Secretary, in con7 sultation with the Secretary of Agriculture, shall issue 8 final regulations for granting blue card status under this 9 section. 10 11 12 SEC. 2212. ADJUSTMENT TO PERMANENT RESIDENT STATUS. (a) IN GENERAL.--Except as provided in subsection 13 (b), and not earlier than 5 years after the date of the en14 actment of this Act, the Secretary shall adjust the status 15 of an alien granted blue card status to that of an alien 16 lawfully admitted for permanent residence if the Secretary 17 determines that the following requirements are satisfied: 18 19 (1) QUALIFYING EMPLOYMENT.--Except as provided in paragraph (3), the alien-- 20 (A) during the 8-year period beginning on 21 the date of the enactment of this Act, per- 22 formed not less than 100 work days of agricul- 23 tural employment during each of 5 years; or 24 (B) during the 5-year period beginning on 25 the date of the enactment of this Act, per- EAS13500 S.L.C. 175 1 formed not less than 150 work days of agricul- 2 tural employment during each of 3 years. 3 (2) EVIDENCE.--An alien may demonstrate 4 compliance with the requirement under paragraph 5 (1) by submitting-- 6 7 8 9 10 (A) the record of employment described in section 2211(e); (B) documentation that may be submitted under subsection (e)(5); or (C) any other documentation designated by 11 the Secretary for such purpose. 12 (3) EXTRAORDINARY 13 (A) IN CIRCUMSTANCES.-- GENERAL.--In determining whether 14 an alien has met the requirement under para- 15 graph (1), the Secretary may credit the alien 16 with not more than 12 additional months of ag- 17 ricultural employment in the United States to 18 meet such requirement if the alien was unable 19 to work in agricultural employment due to-- 20 (i) pregnancy, disabling injury, or dis- 21 ease that the alien can establish through 22 medical records; 23 (ii) illness, disease, or other special 24 needs of a child that the alien can establish 25 through medical records; EAS13500 S.L.C. 176 1 (iii) severe weather conditions that 2 prevented the alien from engaging in agri- 3 cultural employment for a significant pe- 4 riod of time; or 5 (iv) termination from agricultural em- 6 ployment, if the Secretary determines 7 that-- 8 9 (I) the termination was without just cause; and 10 (II) the alien was unable to find 11 alternative agricultural employment 12 after a reasonable job search. 13 (B) EFFECT OF DETERMINATION.--A de- 14 termination under subparagraph (A)(iv), with 15 respect to an alien, shall not be conclusive, 16 binding, or admissible in a separate or subse- 17 quent judicial or administrative action or pro- 18 ceeding between the alien and a current or 19 prior employer of the alien or any other party. 20 (4) APPLICATION PERIOD.--The alien applies 21 for adjustment of status before the alien's agricul- 22 tural card status expires. 23 (5) FINE.--The alien pays a fine of $400 to the 24 Secretary, which shall be deposited into the Com- EAS13500 S.L.C. 177 1 prehensive Immigration Reform Trust Fund estab- 2 lished under section 6(a)(1). 3 (b) GROUNDS FOR DENIAL OF ADJUSTMENT OF STA- 4 5 TUS.-- (1) IN GENERAL.--The Secretary may not ad- 6 just the status of an alien granted blue card status 7 if the alien-- 8 9 (A) is no longer eligible for blue card status; or 10 (B) failed to perform the qualifying em- 11 ployment requirement under subsection (a)(1), 12 considering any amount credited by the Sec- 13 retary under subsection (a)(3). 14 (2) MAINTENANCE OF WAIVERS OF INADMIS- 15 SIBILITY.--The 16 in section 212(a) of the Immigration and Nationality 17 Act (8 U.S.C. 1182(a)) that were previously waived 18 for the alien or made inapplicable shall not apply for 19 purposes of the alien's adjustment of status under 20 this section. 21 grounds of inadmissibility set forth (3) PENDING REVOCATION PROCEEDINGS.--If 22 the Secretary has notified the applicant that the 23 Secretary intends to revoke the applicant's blue card 24 status, the Secretary may not approve an application 25 for adjustment of status under this section unless EAS13500 S.L.C. 178 1 the Secretary makes a final determination not to re- 2 voke the applicant's status. 3 4 (4) PAYMENT (A) IN OF TAXES.-- GENERAL.--An applicant may not 5 file an application for adjustment of status 6 under this section unless the applicant has sat- 7 isfied any applicable Federal tax liability. 8 (B) COMPLIANCE.--The applicant may 9 demonstrate compliance with subparagraph (A) 10 by submitting such documentation as the Sec- 11 retary, in consultation with the Secretary of the 12 Treasury, may require by regulation. 13 (c) SPOUSES AND CHILDREN.--Notwithstanding any 14 other provision of law, the Secretary shall grant perma15 nent resident status to the spouse or child of an alien 16 whose status was adjusted under subsection (a) if-- 17 (1) the spouse or child applies for such status; 18 (2) the principal alien includes the spouse and 19 children in an application for adjustment of status 20 to that of a lawful permanent resident; and 21 (3) the spouse or child is not ineligible under 22 section 245B(b)(3). 23 (d) NUMERICAL LIMITATIONS DO NOT APPLY.-- 24 25 (1) IN GENERAL.--The numerical limitations under sections 201 and 202 of the Immigration and EAS13500 S.L.C. 179 1 Nationality Act (8 U.S.C. 1151 and 1152) shall not 2 apply to the adjustment of aliens to lawful perma- 3 nent resident status under this section. 4 (2) CONFORMING AMENDMENT.--Section 5 201(b)(1) is amended by adding at the end the fol- 6 lowing: 7 8 9 ''(F) Aliens granted lawful permanent resident status under section 245B.''. (e) SUBMISSION OF APPLICATIONS.-- 10 (1) INTERVIEW.--The Secretary may interview 11 applicants for adjustment of status under this sec- 12 tion to determine whether they meet the eligibility 13 requirements set forth in this section. 14 15 (2) FEES .-- (A) IN GENERAL.--Applicants for adjust- 16 ment of status under this section shall pay a 17 processing fee to the Secretary in an amount 18 that will ensure the recovery of the full costs of 19 adjudicating such applications, including-- 20 21 22 23 24 25 (i) the cost of taking and processing biometrics; (ii) expenses relating to prevention and investigation of fraud; and (iii) costs relating to the administration of the fees collected. EAS13500 S.L.C. 180 1 (B) AUTHORITY 2 Secretary, by regulation-- TO LIMIT FEES.--The 3 (i) may limit the maximum processing 4 fee payable under this paragraph by a fam- 5 ily, including spouses and unmarried chil- 6 dren younger than 21 years of age; and 7 (ii) may exempt individuals described 8 in section 245B(c)(10) of the Immigration 9 and Nationality Act, as added by section 10 2201 of this Act, and other defined classes 11 of individuals from the payment of the fee 12 under subparagraph (A). 13 (3) DISPOSITION 14 (A) IN OF FEES.-- GENERAL.--All fees collected under 15 paragraph (1)(A) shall be deposited as offset- 16 ting receipts into the Comprehensive Immigra- 17 tion Reform Trust Fund established under sec- 18 tion 6(a)(1). 19 (B) USE 20 ESSING.--Amounts 21 prehensive Immigration Reform Trust Fund 22 pursuant to subparagraph (A) shall remain 23 available to the Secretary until expended for 24 processing applications for agriculture card sta- OF FEES FOR APPLICATION PROC- deposited into the Com- EAS13500 S.L.C. 181 1 tus or for adjustment of status under this sec- 2 tion or section 2211. 3 (4) DOCUMENTATION 4 (A) BURDEN OF WORK HISTORY.-- OF PROOF.--An alien apply- 5 ing for blue card status under this section or 6 for adjustment of status under subsection (a) 7 has provided evidence that the alien has worked 8 the requisite number of hours or days required 9 under section 2211(a)(1) or subsection (a)(3), 10 11 as applicable. (B) TIMELY PRODUCTION OF RECORDS.-- 12 If an employer or farm labor contractor employ- 13 ing such an alien has kept proper and adequate 14 records respecting such employment, the alien's 15 burden of proof under subparagraph (A) may 16 be met by securing timely production of those 17 records under regulations to be promulgated by 18 the Secretary. 19 (C) SUFFICIENT EVIDENCE.--An alien 20 may meet the burden of proof under subpara- 21 graph (A) to establish that the alien has per- 22 formed the days or hours of work referred to in 23 subparagraph (A) by producing sufficient evi- 24 dence to show the extent of that employment as 25 a matter of just and reasonable inference. EAS13500 S.L.C. 182 1 (f) LIMITATION ON ACCESS TO INFORMATION.--Files 2 and records collected or compiled by a qualified designated 3 entity for the purposes of this section are confidential. The 4 Secretary may not have access to such a file or record 5 relating to an alien without the consent of the alien, except 6 as allowed by a court order issued pursuant to subsection 7 (g). 8 (g) CONFIDENTIALITY OF INFORMATION.--Except as 9 otherwise provided in this section, the Secretary or any 10 other official or employee of the Department may not-- 11 (1) use information furnished by the applicant 12 pursuant to an application filed under this subtitle, 13 the information provided by an applicant to a quali- 14 fied designated entity, or any information provided 15 by an employer or former employer for any purpose 16 other than to make a determination on the applica- 17 tion or for imposing the penalties described in sub- 18 section (h); 19 (2) make any publication in which the informa- 20 tion furnished by any particular individual can be 21 identified; or 22 (3) permit a person other than a sworn officer 23 or employee of the Department or, with respect to 24 applications filed with a qualified designated entity, EAS13500 S.L.C. 183 1 that qualified designated entity, to examine indi- 2 vidual applications. 3 (h) PENALTIES 4 5 FOR FALSE STATEMENTS IN APPLI- CATIONS.-- (1) CRIMINAL PENALTY.--Any person who-- 6 (A) files an application for blue card status 7 under section 2211 or an adjustment of status 8 under this section and knowingly and willfully 9 falsifies, conceals, or covers up a material fact 10 or makes any false, fictitious, or fraudulent 11 statements or representations, or makes or uses 12 any false writing or document knowing the 13 same to contain any false, fictitious, or fraudu- 14 lent statement or entry; or 15 (B) creates or supplies a false writing or 16 document for use in making such an applica- 17 tion, 18 shall be fined in accordance with title 18, United 19 States Code, imprisoned not more than 5 years, or 20 both. 21 (2) INADMISSIBILITY.--An alien who is con- 22 victed of a crime under paragraph (1) shall be 23 deemed inadmissible to the United States on the 24 ground described in section 212(a)(6)(C)(i) of the EAS13500 S.L.C. 184 1 Immigration and 2 Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)). 3 (3) DEPOSIT.--Fines collected under paragraph 4 (1) shall be deposited into the Comprehensive Immi- 5 gration Reform Trust Fund established under sec- 6 tion 6(a)(1). 7 (i) ELIGIBILITY FOR LEGAL SERVICES.--Section 8 504(a)(11) of the Departments of Commerce, Justice, and 9 State, the Judiciary, and Related Agencies Appropriations 10 Act, 1996 (Public Law 104-134; 110 Stat. 1321-55) may 11 not be construed to prevent a recipient of funds under the 12 Legal Services Corporation Act (42 U.S.C. 2996 et seq.) 13 from providing legal assistance directly related to an appli14 cation for blue card status under section 2211 or an ad15 justment of status under this section. 16 17 SEC. 2213. USE OF INFORMATION. Beginning not later than the first day of the applica- 18 tion period described in section 2211(c)(1), the Secretary, 19 in cooperation with qualified designated entities, shall 20 broadly disseminate information respecting the benefits 21 that aliens may receive under this subchapter and the re22 quirements that an alien is required to meet to receive 23 such benefits. EAS13500 S.L.C. 185 1 2 SEC. 2214. REPORTS ON BLUE CARDS. Not later than September 30, 2013, and annually 3 thereafter for the next 8 years, the Secretary shall submit 4 a report to Congress that identifies, for the previous fiscal 5 year-- 6 7 8 9 (1) the number of aliens who applied for blue card status; (2) the number of aliens who were granted blue card status; 10 (3) the number of aliens who applied for an ad- 11 justment of status pursuant to section 2212(a); and 12 (4) the number of aliens who received an ad- 13 14 15 justment of status pursuant section 2212(a). SEC. 2215. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Sec- 16 retary such sums as may be necessary to implement this 17 subpart, including any sums needed for costs associated 18 with the initiation of such implementation, for fiscal years 19 2013 and 2014. 20 Subchapter B--Correction of Social Security 21 Records 22 23 SEC. 2221. CORRECTION OF SOCIAL SECURITY RECORDS. (a) IN GENERAL.--Section 208(e)(1) of the Social 24 Security Act (42 U.S.C. 408(e)(1)) is amended-- 25 26 (1) in subparagraph (B)(ii), by striking ''or'' at the end; EAS13500 S.L.C. 186 1 2 3 4 (2) in subparagraph (C), by inserting ''or'' at the end; (3) by inserting after subparagraph (C) the following: 5 ''(D) who is granted blue card status 6 under the Agricultural Worker Program Act of 7 2013,''; and 8 (4) by striking ''1990.'' and inserting ''1990, or 9 in the case of an alien described in subparagraph 10 (D), if such conduct is alleged to have occurred be- 11 fore the date on which the alien was granted blue 12 card status under section 2211(a) of the Agricul- 13 tural Worker Program Act of 2013.''. 14 (b) EFFECTIVE DATE.--The amendments made by 15 subsection (a) shall take effect on the first day of the sev16 enth month that begins after the date of the enactment 17 of this Act. 18 CHAPTER 2--NONIMMIGRANT 19 AGRICULTURAL VISA PROGRAM 20 SEC. 2231. NONIMMIGRANT CLASSIFICATION FOR NON- 21 22 IMMIGRANT AGRICULTURAL WORKERS. Section 101(a)(15) of the Immigration and Nation- 23 ality Act (8 U.S.C. 1101(a)(15)) is amended-- 24 25 (1) in subparagraph (U), by striking ''or'' at the end; EAS13500 S.L.C. 187 1 2 3 (2) in subparagraph (V), by striking the period at the end and inserting ''; or''; and (3) by adding at the end the following: 4 ''(W) an alien having a residence in a for- 5 eign country who is coming to the United 6 States for a temporary period-- 7 ''(iii)(I) to perform services or labor in 8 agricultural employment and who has a 9 written contract that specifies the wages, 10 benefits, and working conditions of such 11 full-time employment in an agricultural oc- 12 cupation with a designated agricultural 13 employer for a specified period of time; 14 ''(II) who meets the requirements 15 under section 218A for a nonimmigrant 16 visa described in this clause; and 17 ''(III) with respect to whom the Sec- 18 retary of Agriculture has notified the Sec- 19 retary of Homeland Security and the Sec- 20 retary of State that the intending employer 21 has accepted the terms and conditions of 22 such employment for such a nonimmigrant; 23 or 24 ''(iv)(I) to perform services or labor in 25 agricultural employment and who has an EAS13500 S.L.C. 188 1 offer of full-time employment in an agricul- 2 tural occupation from a designated agricul- 3 tural employer for such employment and is 4 not described in clause (i); 5 ''(II) who meets the requirements 6 under section 218A for a nonimmigrant 7 visa described in this clause; and 8 ''(III) with respect to whom the Sec- 9 retary of Agriculture has notified the Sec- 10 retary of Homeland Security and the Sec- 11 retary of State that the intending employer 12 has accepted the terms and conditions of 13 such 14 immigrant.''. 15 16 17 employment for such a non- SEC. 2232. ESTABLISHMENT OF NONIMMIGRANT AGRICULTURAL WORKER PROGRAM. (a) IN GENERAL.--Chapter 2 of title II of the Immi- 18 gration and Nationality Act (8 U.S.C. 211 et seq.) is 19 amended by adding at the end the following: 20 21 22 ''SEC. 218A. NONIMMIGRANT AGRICULTURAL WORKER PROGRAM. ''(a) DEFINITIONS.--In this section and in section 23 101(a)(15)(W): 24 25 ''(1) AGRICULTURAL EMPLOYMENT.--The 'agricultural employment'-- term EAS13500 S.L.C. 189 1 ''(A) subject to subparagraph (B) has the 2 meaning given such term in section 3 of the Mi- 3 grant and Seasonal Agricultural Worker Protec- 4 tion Act (29 U.S.C. 1802), without regard to 5 whether the specific service or activity is tem- 6 porary or seasonal; and 7 ''(B) includes farming in all its branches, 8 the cultivation and tillage of the soil, dairying, 9 the production, cultivation, growing, and har- 10 vesting of any agricultural or horticultural com- 11 modities, the raising of livestock, bees, fur-bear- 12 ing animals, or poultry, and any practices (in- 13 cluding any forestry or lumbering operations) 14 performed by a farmer or on a farm as an inci- 15 dent to, or in conjunction with, such farming 16 operations, including preparation for market, 17 delivery to storage or to market or to carriers 18 for transportation to market. 19 ''(2) AT-WILL AGRICULTURAL WORKER.--The 20 term 'at-will agricultural worker' means an alien 21 present in the United States pursuant to section 22 101(a)(15)(W)(iv). 23 ''(3) BLUE CARD.--The term 'blue card' means 24 an employment authorization and travel document 25 issued to an alien granted blue card status under EAS13500 S.L.C. 190 1 section 2211(a) of the Agricultural Job Opportuni- 2 ties, Benefits, and Security Act of 2013. 3 ''(4) CONTRACT AGRICULTURAL WORKER.--The 4 term 'contract agricultural worker' means an alien 5 present in the United States pursuant to section 6 101(a)(15)(W)(iii). 7 ''(5) 8 PLOYER.--The 9 ployer' means an employer who is registered with 10 the Secretary of Agriculture pursuant to subsection 11 (e)(1). 12 DESIGNATED EM- AGRICULTURAL term 'designated agricultural em- ''(6) ELECTRONIC JOB REGISTRY.--The term 13 'Electronic Job Registry' means the Electronic Job 14 Registry of a State workforce agency (or similar suc- 15 cessor registry). 16 ''(7) EMPLOYER.--Except as otherwise pro- 17 vided, the term 'employer' means any person or enti- 18 ty, including any farm labor contractor and any ag- 19 ricultural association, that employs workers in agri- 20 cultural employment. 21 ''(8) NONIMMIGRANT AGRICULTURAL WORK- 22 ER.--The term 'nonimmigrant agricultural worker' 23 mean a nonimmigrant described in clause (iii) or (iv) 24 of section 101(a)(15)(W). EAS13500 S.L.C. 191 1 ''(9) PROGRAM.--The term 'Program' means 2 the Nonimmigrant Agricultural Worker Program es- 3 tablished under subsection (b). 4 ''(10) SECRETARY.--Except as otherwise spe- 5 cifically provided, the term 'Secretary' means the 6 Secretary of Agriculture. 7 ''(11) UNITED 8 9 10 ''(B) is an alien who-- ''(i) is lawfully admitted for permanent residence; ''(ii) is admitted as a refugee under section 207; ''(iii) is granted asylum under section 15 16 term ''(A) is a national of the United States; or 13 14 WORKER.--The 'United States worker' means an individual who-- 11 12 STATES 208; 17 ''(iv) holds an blue card; or 18 ''(v) is an immigrant otherwise au- 19 thorized by this Act or by the Secretary of 20 Homeland Security to be employed in the 21 United States. 22 ''(b) REQUIREMENTS.-- 23 ''(1) EMPLOYER.--An employer may not employ 24 an alien for agricultural employment under the Pro- 25 gram unless such employer is a designated agricul- EAS13500 S.L.C. 192 1 tural employer and complies with the terms of this 2 section. 3 ''(2) WORKER.--An alien may not be employed 4 for agricultural employment under the Program un- 5 less such alien is a nonimmigrant agricultural work- 6 er and complies with the terms of this section. 7 ''(c) NUMERICAL LIMITATION.-- 8 ''(1) FIRST 5 YEARS OF PROGRAM.-- ''(A) IN 9 GENERAL.--Subject to paragraph 10 (2), the worldwide level of visas for non- 11 immigrant agricultural workers for the fiscal 12 year during which the first visa is issued to a 13 nonimmigrant agricultural worker and for each 14 of the following 4 fiscal years shall be equal 15 to-- 16 ''(i) 112,333; and 17 ''(ii) the numerical adjustment made 18 by the Secretary for such fiscal year in ac- 19 cordance with paragraph (2). 20 ''(B) QUARTERLY ALLOCATION.--The an- 21 nual allocation of visas described in subpara- 22 graph (A) shall be evenly allocated between the 23 4 quarters of the fiscal year unless the Sec- 24 retary determines that an alternative allocation 25 would better accommodate the seasonal demand EAS13500 S.L.C. 193 1 for visas. Any unused visas in a quarter shall 2 be added to the allocation for the subsequent 3 quarter of the same fiscal year. 4 ''(C) EFFECT OF 2ND OR SUBSEQUENT EMPLOYER.--A 5 DESIGNATED 6 nonimmigrant agricultural worker who has a 7 valid visa issued under this section that counted 8 against the allocation described in subpara- 9 graph (A) shall not be recounted against the al- 10 location if the worker is petitioned for by a sub- 11 sequent designated agricultural employer. 12 ''(2) ANNUAL 13 14 AGRICULTURAL ADJUSTMENTS FOR FIRST 5 YEARS OF PROGRAM.-- ''(A) IN GENERAL.--The Secretary, after 15 reviewing relevant evidence submitted by agri- 16 cultural 17 resenting agricultural workers, may increase or 18 decrease, as appropriate, the worldwide level of 19 visas under paragraph (1) for each of the 5 fis- 20 cal years referred to in paragraph (1) based on 21 the following factors: 22 23 producers and organizations rep- ''(i) A demonstrated shortage of agricultural workers. EAS13500 S.L.C. 194 1 ''(ii) The level of unemployment and 2 underemployment of agricultural workers 3 during the preceding fiscal year. 4 5 6 7 ''(iii) The number of applications for blue card status. ''(iv) The number of blue card visa applications approved. 8 ''(v) The number of nonimmigrant ag- 9 ricultural workers sought by employers 10 during the preceding fiscal year. 11 ''(vi) The estimated number of United 12 States workers, including blue card work- 13 ers, who worked in agriculture during the 14 preceding fiscal year. 15 ''(vii) The number of nonimmigrant 16 agricultural workers issued a visa in the 17 most recent fiscal year who remain in the 18 United States in compliance with the terms 19 of such visa. 20 ''(viii) The number of United States 21 workers who accepted jobs offered by em- 22 ployers using the Electronic Job Registry 23 during the preceding fiscal year. 24 ''(ix) Any growth or contraction of the 25 United States agricultural industry that EAS13500 S.L.C. 195 1 has increased or decreased the demand for 2 agricultural workers. 3 ''(x) Any changes in the real wages 4 paid to agricultural workers in the United 5 States as an indication of a shortage or 6 surplus of agricultural labor. 7 ''(B) NOTIFICATION; IMPLEMENTATION.-- 8 The Secretary shall notify the Secretary of 9 Homeland Security of any change to the world- 10 wide level of visas for nonimmigrant agricul- 11 tural workers. The Secretary of Homeland Se- 12 curity shall implement such changes. 13 ''(C) EMERGENCY PROCEDURES.--The 14 Secretary shall establish, by regulation, proce- 15 dures for immediately adjusting an annual allo- 16 cation under paragraph (1) for severe labor 17 shortages, as determined by the Secretary. 18 ''(3) SIXTH AND SUBSEQUENT YEARS OF PRO- 19 GRAM.--The Secretary, in consultation with the Sec- 20 retary of Labor, shall establish the worldwide level 21 of visas for nonimmigrant agricultural workers for 22 each fiscal year following the fiscal years referred to 23 in paragraph (1) after considering appropriate fac- 24 tors, including-- EAS13500 S.L.C. 196 1 2 ''(A) a demonstrated shortage of agricultural workers; 3 ''(B) the level of unemployment and under- 4 employment of agricultural workers during the 5 preceding fiscal year; 6 7 8 9 ''(C) the number of applications for blue card status; ''(D) the number of blue card visa applications approved; 10 ''(E) the number of nonimmigrant agricul- 11 tural workers sought by employers during the 12 preceding fiscal year; 13 ''(F) the estimated number of United 14 States workers, including blue card workers, 15 who worked in agriculture during the preceding 16 fiscal year; 17 ''(G) the number of nonimmigrant agricul- 18 tural workers issued a visa in the most recent 19 fiscal year who remain in the United States in 20 compliance with the terms of such visa; 21 ''(H) the number of United States workers 22 who accepted jobs offered by employers using 23 the Electronic Job Registry during the pre- 24 ceding fiscal year; EAS13500 S.L.C. 197 1 ''(I) any growth or contraction of the 2 United States agricultural industry that has in- 3 creased or decreased the demand for agricul- 4 tural workers; and 5 ''(J) any changes in the real wages paid to 6 agricultural workers in the United States as an 7 indication of a shortage or surplus of agricul- 8 tural labor. 9 ''(d) REQUIREMENTS 10 11 12 13 TURAL FOR NONIMMIGRANT AGRICUL- WORKERS.-- ''(1) ELIGIBILITY FOR NONIMMIGRANT AGRI- CULTURAL WORKER STATUS.-- ''(A) IN GENERAL.--An alien is not eligible 14 to be admitted to the United States as a non- 15 immigrant agricultural worker if the alien-- 16 ''(i) violated a material term or condi- 17 tion of a previous admission as a non- 18 immigrant agricultural worker during the 19 most recent 3-year period (other than a 20 contract agricultural worker who volun- 21 tarily abandons his or her employment be- 22 fore the end of the contract period or 23 whose employment is terminated by the 24 employer for cause); EAS13500 S.L.C. 198 1 ''(ii) has not obtained successful clear- 2 ance of any security and criminal back- 3 ground checks required by the Secretary of 4 Homeland Security or any other examina- 5 tion required under this Act; or 6 ''(iii)(I) departed from the United 7 States while subject to an order of exclu- 8 sion, deportation, or removal, or pursuant 9 to an order of voluntary departure; and 10 11 ''(II)(aa) is outside of the United States; or 12 ''(bb) has reentered the United States 13 illegally after December 31, 2012 without 14 receiving consent to the alien's reapplica- 15 tion for admission under section 212(a)(9). 16 ''(B) WAIVER.--The Secretary may waive 17 the application of subparagraph (A)(iii) on be- 18 half of an alien if the alien-- 19 ''(i) is the spouse or child of a United 20 States citizen or lawful permanent resi- 21 dent; 22 ''(ii) is the parent of a child who is a 23 United States citizen or lawful permanent 24 resident; EAS13500 S.L.C. 199 ''(iii) meets the requirements set forth 1 2 in 3 245D(b)(1)(A); or 4 5 clause (ii) or (iii) of section ''(iv)(I) meets the requirements set forth in section 245D(b)(1)(A)(ii); 6 ''(II) is 16 years or older on the date 7 on which the alien applies for non- 8 immigrant agricultural status; and 9 ''(III) was physically present in the 10 United States for an aggregate period of 11 not less than 3 years during the 6-year pe- 12 riod immediately preceding the date of the 13 enactment of this section. 14 15 ''(2) TERM OF STAY FOR NONIMMIGRANT AGRI- CULTURAL WORKERS.-- 16 ''(A) IN 17 ''(i) GENERAL.-- INITIAL ADMISSION.--A non- 18 immigrant agricultural worker may be ad- 19 mitted into the United States in such sta- 20 tus for an initial period of 3 years. 21 ''(ii) RENEWAL.--A nonimmigrant ag- 22 ricultural worker may renew such worker's 23 period of admission in the United States 24 for 1 additional 3-year period. EAS13500 S.L.C. 200 1 ''(B) BREAK IN PRESENCE.--A non- 2 immigrant agricultural worker who has been 3 admitted to the United States for 2 consecutive 4 periods under subparagraph (A) is ineligible to 5 renew the alien's nonimmigrant agricultural 6 worker status until such alien-- 7 ''(i) returns to a residence outside the 8 United States for a period of not less than 9 3 months; and 10 ''(ii) seeks to reenter the United 11 States under the terms of the Program as 12 a nonimmigrant agricultural worker. 13 14 ''(3) LOSS OF STATUS.-- ''(A) IN GENERAL.--An alien admitted as 15 a nonimmigrant agricultural worker shall be in- 16 eligible for such status and shall be required to 17 depart the United States if such alien-- 18 ''(i) after the completion of his or her 19 contract with a designated agricultural em- 20 ployer, is not employed in agricultural em- 21 ployment by a designated agricultural em- 22 ployer; or 23 ''(ii) is an at-will agricultural worker 24 and is not continuously employed by a des- 25 ignated agricultural employer in agricul- EAS13500 S.L.C. 201 1 tural employment as an at-will agricultural 2 worker. 3 ''(B) EXCEPTION.--Subject to subpara- 4 graph (C), a nonimmigrant agricultural worker 5 has not violated subparagraph (A) if the con- 6 tract agricultural worker is not employed in ag- 7 ricultural employment for a period not to ex- 8 ceed 60 days. 9 ''(C) WAIVER.--Notwithstanding subpara- 10 graph (B), the Secretary of Homeland Security 11 may waive the application of clause (i) or (ii) of 12 subparagraph (A) for a nonimmigrant agricul- 13 tural worker who was not employed in agricul- 14 tural employment for a period of more than 60 15 days if such period of unemployment was due 16 to-- 17 ''(i) the injury of such worker; or 18 ''(ii) a natural disaster declared by 19 the Secretary. 20 ''(D) TOLLING OF EMPLOYMENT REQUIRE- 21 MENT.--A nonimmigrant agricultural worker 22 may leave the United States for up to 60 days 23 in any fiscal year while in such status. During 24 the period in which the worker is outside of the EAS13500 S.L.C. 202 1 United States, the 60-day limit specified in sub- 2 paragraph (B) shall be tolled. 3 ''(4) PORTABILITY 4 5 6 OF STATUS.-- ''(A) CONTRACT AGRICULTURAL WORK- ERS.-- ''(i) IN GENERAL.--Except as pro- 7 vided in clause (ii), an alien who entered 8 the United States as a contract agricul- 9 tural worker may-- 10 ''(I) seek employment as a non- 11 immigrant agricultural worker with a 12 designated agricultural employer other 13 than the designated agricultural em- 14 ployer with whom the employee had a 15 contract 16 101(a)(15)(W)(ii)(I); and described in section 17 ''(II) accept employment with 18 such new employer after the date the 19 contract agricultural worker completes 20 such contract. 21 ''(ii) VOLUNTARY ABANDONMENT; 22 TERMINATION FOR CAUSE.--A contract ag- 23 ricultural worker who voluntarily abandons 24 his or her employment before the end of EAS13500 S.L.C. 203 1 the contract period or whose employment 2 is terminated for cause by the employer-- 3 ''(I) may not accept subsequent 4 employment with another designated 5 agricultural employer without first de- 6 parting the United States and reen- 7 tering pursuant to a new offer of em- 8 ployment; and 9 ''(II) is not entitled to the 75 10 percent payment guarantee described 11 in subsection (e)(4)(B). 12 ''(iii) TERMINATION BY MUTUAL 13 AGREEMENT.--The 14 ployment contract by mutual agreement of 15 the designated agricultural employer and 16 the contract agricultural worker shall not 17 be considered voluntary abandonment for 18 purposes of clause (ii). 19 ''(B) 20 ERS.--An 21 as an at-will agricultural worker may seek em- 22 ployment as an at-will agricultural worker with 23 any other designated agricultural employer re- 24 ferred to in section 101(a)(15)(W)(iii)(I). AT-WILL termination of an em- AGRICULTURAL WORK- alien who entered the United States EAS13500 S.L.C. 204 1 ''(5) PROHIBITION ON GEOGRAPHIC 2 TION.--A 3 LIMITA- immigrant agricultural worker-- 4 5 6 7 8 9 10 nonimmigrant visa issued to a non- ''(A) shall not limit the geographical area within which such worker may be employed; ''(B) shall not limit the type of agricultural employment such worker may perform; and ''(C) may restrict such worker to employment with designated agricultural employers. ''(6) TREATMENT 11 DREN.--A 12 OF SPOUSES AND CHIL- spouse or child of a nonimmigrant agri- cultural worker-- 13 ''(A) shall not be entitled to visa or other 14 immigration status by virtue of the relationship 15 of such spouse or child to such worker; and 16 ''(B) may be provided status as a non- 17 immigrant agricultural worker if the spouse or 18 child is independently qualified for such status. 19 20 21 22 ''(e) EMPLOYER REQUIREMENTS.-- ''(1) DESIGNATED AGRICULTURAL EMPLOYER STATUS.-- ''(A) REGISTRATION REQUIREMENT.-- 23 Each employer seeking to employ nonimmigrant 24 agricultural workers shall register for des- 25 ignated agricultural employer status by submit- EAS13500 S.L.C. 205 1 ting to the Secretary, through the Farm Service 2 Agency in the geographic area of the employer 3 or electronically to the Secretary, a registration 4 that includes-- ''(i) the employer's employer identi- 5 6 fication number; and ''(ii) a registration fee, in an amount 7 8 determined by the Secretary. 9 ''(B) CRITERIA.--The Secretary shall 10 grant designated agricultural employer status to 11 an employer who submits an registration for 12 such status that includes-- ''(i) documentation that the employer 13 14 is engaged in agriculture; 15 ''(ii) the estimated number of non- 16 immigrant agricultural workers the em- 17 ployer will need each year; 18 ''(iii) the anticipated periods during 19 which the employer will need such workers; 20 and 21 ''(iv) documentation establishing need 22 for a specified agricultural occupation or 23 occupations. 24 ''(C) DESIGNATION.-- EAS13500 S.L.C. 206 1 ''(i) REGISTRATION NUMBER.--The 2 Secretary shall assign each employer that 3 meets the criteria established pursuant to 4 subparagraph (B) with a designated agri- 5 cultural employer registration number. 6 ''(ii) TERM OF DESIGNATION.--Each 7 employer granted designated agricultural 8 employer status under this paragraph shall 9 retain such status for a term of 3 years. 10 ''(D) ASSISTANCE.--In carrying out the 11 functions described in this subsection, the Sec- 12 retary may work through the Farm Service 13 Agency, or any other agency in the Department 14 of Agriculture-- 15 ''(i) to assist agricultural employers 16 with the registration process under this 17 paragraph by providing such employers 18 with-- 19 20 21 22 23 24 ''(I) technical assistance and expertise; ''(II) internet access for submitting such applications; and ''(III) a nonelectronic means for submitting such registrations; and EAS13500 S.L.C. 207 1 ''(ii) to provide resources about the 2 Program, including best practices and 3 compliance related assistance and re- 4 sources or training to assist in retention of 5 such workers to agricultural employers. 6 ''(E) DEPOSIT OF REGISTRATION FEE.-- 7 All registration fees collected under subpara- 8 graph (A)(ii) shall be deposited in the Com- 9 prehensive Immigration Reform Trust Fund es- 10 tablished under section 6(a)(1) of the Border 11 Security, Economic Opportunity, and Immigra- 12 tion Modernization Act. 13 ''(2) NONIMMIGRANT 14 15 AGRICULTURAL WORKER PETITION PROCESS.-- ''(A) IN GENERAL.--Not later than 45 16 days before the date on which nonimmigrant 17 agricultural workers are needed, a designated 18 agricultural employer seeking to employ such 19 workers shall submit a petition to the Secretary 20 of Homeland Security that includes the employ- 21 er's designated agricultural employer registra- 22 tion number. 23 ''(B) ATTESTATION.--An application sub- 24 mitted under subparagraph (A) shall include an 25 attestation of the following EAS13500 S.L.C. 208 1 ''(i) the number of named or unnamed 2 nonimmigrant agricultural workers the 3 designated agricultural employer is seeking 4 to employ during the applicable period of 5 employment; 6 ''(ii) the total number of contract ag- 7 ricultural workers and of at-will agricul- 8 tural workers the employer will require for 9 each occupational category; 10 ''(iii) the anticipated period, including 11 expected beginning and ending dates, dur- 12 ing which such employees will be needed; 13 ''(iv) evidence of contracts or written 14 disclosures of employment terms and con- 15 ditions in accordance with the Migrant and 16 Seasonal Agricultural Worker Protection 17 Act (29 U.S.C. 1801 et seq.), which have 18 been provided to the nonimmigrant agricul- 19 tural workers, or a sample of such contract 20 or disclosure for unnamed workers; 21 ''(v) the information submitted to the 22 State workforce agency pursuant to para- 23 graph (3)(A)(i); EAS13500 S.L.C. 209 1 ''(vi) the record of United States 2 workers described in paragraph (3)(A)(iv) 3 on the date of the request; 4 ''(vii) evidence of offers of employ- 5 ment made to United States workers as re- 6 quired under paragraph (3)(B); and 7 ''(viii) that the employer has complied 8 with the conditions pursuant to (4)(A) and 9 (4)(B). ''(C) EMPLOYMENT 10 AUTHORIZATION WHEN EMPLOYERS.--Nonimmigrant agri- 11 CHANGING 12 cultural workers in the United States who are 13 identified in a petition submitted pursuant to 14 subparagraph (A) and are in lawful status may 15 commence employment with their designated 16 agricultural employer after such employer has 17 submitted such petition to the Secretary of 18 Homeland Security. 19 ''(3) EMPLOYMENT 20 21 22 OF UNITED STATES WORK- ERS.-- ''(A) RECRUITMENT.-- ''(i) FILING A JOB OFFER WITH THE 23 LOCAL OFFICE OF THE STATE WORKFORCE 24 AGENCY.--Not 25 the date on which the employer desires to later than 60 days before EAS13500 S.L.C. 210 1 employ a nonimmigrant agricultural work- 2 er, the employer shall submit the job post- 3 ing for such worker to the local office of 4 the State workforce agency where the job 5 site is located and authorize the posting of 6 the job opportunity on 'America's Job 7 Bank' or other Electronic Job Registry for 8 a period of 45 days. Nothing in this clause 9 may be construed to require the employer 10 to file an interstate job order under section 11 653.500 of title 20, Code of Federal Regu- 12 lations. 13 ''(ii) CONSTRUCTION.--Nothing in 14 clause (i) may be construed to cause a list- 15 ing referred to in clause (i) to be treated 16 as an interstate job order under section 17 653.500 of title 20, Code of Federal Regu- 18 lations (or similar successor regulation). 19 ''(iii) RECORD OF UNITED STATES 20 WORKERS.--An employer shall keep a 21 record of all eligible, able, willing, and 22 qualified United States workers who apply 23 for agricultural employment with the em- 24 ployer for the agricultural employment for EAS13500 S.L.C. 211 1 which the nonimmigrant agricultural non- 2 immigrant workers are sought. 3 ''(B) REQUIREMENT ''(i) UNITED 4 TO HIRE.-- STATES WORKERS.--An 5 employer may not seek a nonimmigrant ag- 6 ricultural worker for agricultural employ- 7 ment unless the employer offers such em- 8 ployment to any equally or better qualified 9 United States worker who will be available 10 at the time and place of need and who ap- 11 plies for such employment during the re- 12 cruitment period. ''(ii) BLUE 13 CARD STATUS.--Except as 14 provided in clause (iii), the employer shall, 15 for each job to be filled by a nonimmigrant 16 agricultural worker, offer the job to any el- 17 igible alien with blue card status who-- 18 ''(I) applies for such job; 19 ''(II) is equally or better qualified for the job; and 20 ''(III) will be available at the 21 22 time and place of need. 23 ''(iii) EXCEPTION.--Notwithstanding 24 clauses (i) and (ii), the employer may hire 25 a nonimmigrant described in section EAS13500 S.L.C. 212 1 101(a)(15)(H)(ii)(a) for agricultural em- 2 ployment if-- 3 ''(I) such worker worked for the 4 employer for 3 years during the 4- 5 year period ending on the date on 6 which the program authorized under 7 section 218 (as in effect on the date 8 of the enactment of the Agricultural 9 Worker Program Act of 2013) is terminated; and 10 11 ''(II) the employer pays such 12 worker the adverse effect wage rate 13 calculated under subsection (f)(5). ''(4) ADDITIONAL 14 PROGRAM REQUIREMENTS EMPLOYERS.-- 15 FOR 16 Each designated agricultural employer shall comply 17 with the following requirements: 18 19 20 DESIGNATED ''(A) NO AGRICULTURAL DISPLACEMENT OF UNITED STATES WORKERS.-- ''(i) IN GENERAL.--The employer 21 shall not displace a United States worker 22 employed by the employer, other than for 23 good cause, during the period of employ- 24 ment of the nonimmigrant agricultural 25 worker and for a period of 30 days pre- EAS13500 S.L.C. 213 1 ceding such period in the occupation and 2 at the location of employment for which 3 the 4 immigrant agricultural workers. 5 employer ''(ii) LABOR seeks to employ DISPUTE.--The non- employer 6 shall not employ a nonimmigrant agricul- 7 tural worker for a specific job for which 8 the employer is requesting a nonimmigrant 9 agricultural worker because the former oc- 10 cupant of the job is on strike or being 11 locked out in the course of a labor dispute. 12 ''(B) GUARANTEE 13 14 OF EMPLOYMENT FOR CONTRACT AGRICULTURAL WORKERS.-- ''(i) OFFER TO CONTRACT WORKER.-- 15 The employer shall guarantee to offer con- 16 tract agricultural workers employment for 17 the hourly equivalent of at least 75 percent 18 of the work days of the total period of em- 19 ployment, beginning with the first work 20 day after the arrival of the worker at the 21 place of employment and ending on the ex- 22 piration date specified in the job offer. In 23 this clause, the term 'hourly equivalent' 24 means the number of hours in the work 25 days as stated in the job offer and shall ex- EAS13500 S.L.C. 214 1 clude the worker's Sabbath and Federal 2 holidays. If the employer affords the con- 3 tract agricultural worker less employment 4 than the number of hours required under 5 this subparagraph, the employer shall pay 6 such worker the amount the worker would 7 have earned had the worker worked the 8 guaranteed number of hours. 9 ''(ii) FAILURE TO WORK.--Any hours 10 which the worker fails to work, up to a 11 maximum of the number of hours specified 12 in the job offer for a work day, when the 13 worker has been offered an opportunity to 14 do so, and all hours of work actually per- 15 formed (including voluntary work in excess 16 of the number of hours specified in the job 17 offer in a work day, on the worker's Sab- 18 bath, or on Federal holidays) may be 19 counted by the employer in calculating 20 whether the period of guaranteed employ- 21 ment has been met. 22 ''(iii) CONTRACT IMPOSSIBILITY.--If, 23 before the expiration of the period of em- 24 ployment specified in the job offer, the 25 services of a contract agricultural worker EAS13500 S.L.C. 215 1 are no longer required for reasons beyond 2 the control of the employer due to any 3 form of natural disaster, including a flood, 4 hurricane, 5 drought, plant or animal disease or pest 6 infestation, or regulatory drought, before 7 the guarantee in subparagraph (A) is ful- 8 filled, the employer-- 9 10 freeze, earthquake, fire, ''(I) may terminate the worker's employment; 11 ''(II) shall fulfill the employment 12 guarantee described in subparagraph 13 (B) for the work days that have 14 elapsed from the first work day after 15 the arrival of the worker to the termi- 16 nation of employment; 17 ''(III) shall make efforts to 18 transfer the worker to other com- 19 parable employment acceptable to the 20 worker; and 21 ''(IV) if such a transfer does not 22 take place, shall provide the return 23 transportation required under sub- 24 paragraph (J). 25 ''(C) WORKERS' COMPENSATION.-- EAS13500 S.L.C. 216 ''(i) REQUIREMENT 1 TO PROVIDE.--If 2 a job referred to in paragraph (3) is not 3 covered by the State workers' compensa- 4 tion law, the employer shall provide, at no 5 cost to the nonimmigrant agricultural 6 worker, insurance covering injury and dis- 7 ease arising out of, and in the course of, 8 such job. 9 ''(ii) BENEFITS.--The insurance re- 10 quired to be provided under clause (i) shall 11 provide benefits at least equal to those pro- 12 vided under and pursuant to State's work- 13 ers' compensation law for comparable em- 14 ployment. 15 ''(D) PROHIBITION FOR USE FOR NON- 16 AGRICULTURAL SERVICES.--The 17 not employ a nonimmigrant agricultural worker 18 for employment other than agricultural employ- 19 ment. 20 21 22 employer may ''(E) WAGES.--The employer shall pay the wage required under subsection (f). ''(F) DEDUCTION OF WAGES.--The em- 23 ployer shall make only deductions from a non- 24 immigrant agricultural worker's wages that are 25 authorized by law or are reasonable and cus- EAS13500 S.L.C. 217 1 tomary in the occupation and area of employ- 2 ment of such worker. 3 ''(G) REQUIREMENT 4 OR A HOUSING ALLOWANCE.-- ''(i) IN 5 TO PROVIDE HOUSING GENERAL.--Except as pro- 6 vided in clauses (iv) and (v), a designated 7 agricultural employer shall offer to provide 8 a nonimmigrant agricultural worker with 9 housing in accordance with clause (ii) or 10 (iii). 11 ''(ii) HOUSING.--An employer may 12 provide housing to a nonimmigrant agricul- 13 tural worker that meets-- 14 15 ''(I) applicable Federal standards for temporary labor camps; or 16 ''(II) applicable local standards 17 (or, in the absence of applicable local 18 standards, State standards) for rental 19 or public accommodation housing or 20 other substantially similar class of 21 habitation. 22 ''(iii) HOUSING 23 PAYMENTS.-- ''(I) PUBLIC HOUSING.--If the 24 employer arranges public housing for 25 nonimmigrant agricultural workers EAS13500 S.L.C. 218 1 through a State, county, or local gov- 2 ernment program and such public 3 housing units normally require pay- 4 ments from tenants, such payments 5 shall be made by the employer directly 6 to the landlord. 7 ''(II) DEPOSITS.--Deposits for 8 bedding or other similar incidentals 9 related to housing shall not be col- 10 lected from workers by employers who 11 provide housing for such workers. 12 ''(III) DAMAGES.--The employer 13 may require any worker who is re- 14 sponsible for damage to housing that 15 did not result from normal wear and 16 tear related to habitation to reimburse 17 the employer for the reasonable cost 18 of repairing such damage. 19 ''(iv) HOUSING 20 21 ALLOWANCE ALTER- NATIVE.-- ''(I) IN GENERAL.--The employer 22 may provide a reasonable housing al- 23 lowance instead of providing housing 24 under clause (i). Upon the request of 25 a worker seeking assistance in locat- EAS13500 S.L.C. 219 1 ing housing, the employer shall make 2 a good faith effort to assist the work- 3 er in identifying and locating housing 4 in the area of intended employment. 5 An employer who offers a housing al- 6 lowance to a worker or assists a work- 7 er in locating housing, which the 8 worker occupies shall not be deemed a 9 housing provided under section 203 of 10 the Migrant and Seasonal Agricultural 11 Worker Protection Act (29 U.S.C. 12 1823) solely by virtue of providing 13 such housing allowance. No housing 14 allowance may be used for housing 15 that is owned or controlled by the em- 16 ployer. 17 ''(II) CERTIFICATION REQUIRE- 18 MENT.--Contract agricultural workers 19 may only be provided a housing allow- 20 ance if the Governor of the State in 21 which the place of employment is lo- 22 cated certifies to the Secretary that 23 there is adequate housing available in 24 the area of intended employment for 25 migrant farm workers and contract EAS13500 S.L.C. 220 1 agricultural workers who are seeking 2 temporary housing while employed in 3 agricultural work. Such certification 4 shall expire after 3 years unless re- 5 newed by the Governor of the State. 6 7 ''(III) AMOUNT OF ALLOW- ANCE.-- 8 ''(aa) NONMETROPOLITAN 9 COUNTIES.--If the place of em- 10 ployment of the workers provided 11 an allowance under this clause is 12 a nonmetropolitan county, the 13 amount of the housing allowance 14 under this clause shall be equal 15 to the average fair market rental 16 for existing housing in nonmetro- 17 politan counties in the State in 18 which the place of employment is 19 located, as established by the 20 Secretary of Housing and Urban 21 Development pursuant to section 22 8(c) of the United States Hous- 23 ing Act of 1937 (42 U.S.C. 24 1437f(c)), based on a 2-bedroom EAS13500 S.L.C. 221 1 dwelling unit and an assumption 2 of 2 persons per bedroom. 3 ''(bb) 4 COUNTIES.--If 5 ployment of the workers provided 6 an allowance under this clause is 7 a 8 amount of the housing allowance 9 under this clause shall be equal 10 to the average fair market rental 11 for existing housing in metropoli- 12 tan counties in the State in 13 which the place of employment is 14 located, as established by the 15 Secretary of Housing and Urban 16 Development pursuant to section 17 8(c) of the United States Hous- 18 ing Act of 1937 (42 U.S.C. 19 1437f(c)), based on a 2-bedroom 20 dwelling unit and an assumption 21 of 2 persons per bedroom. 22 METROPOLITAN the place of em- metropolitan ''(v) EXCEPTION FOR county, the COMMUTING 23 WORKERS.--Nothing in this subparagraph 24 may be construed to require an employer 25 to provide housing or a housing allowance EAS13500 S.L.C. 222 1 to workers who reside outside of the 2 United States if their place of residence is 3 within normal commuting distance and the 4 job site is within 50 miles of an inter- 5 national land border of the United States. 6 ''(H) WORKSITE TRANSPORTATION WORKERS.--During FOR the period a 7 CONTRACT 8 designated agricultural employer employs a con- 9 tract worker, such employer shall, at the em- 10 ployer's option, provide or reimburse the con- 11 tract worker for the cost of transportation from 12 the contract worker's residence in the United 13 States to the contract worker's place of employ- 14 ment. 15 16 17 ''(I) REIMBURSEMENT OF TRANSPOR- TATION TO PLACE OF EMPLOYMENT.-- ''(i) IN GENERAL.--Except as pro- 18 vided in subclause (II) a contract agricul- 19 tural worker who completes at least 27 20 months under his or her contract with the 21 same 22 shall be reimbursed by that employer for 23 the cost of the worker's transportation and 24 subsistence from the place of employment designated agricultural employer EAS13500 S.L.C. 223 1 to the place from which the worker came 2 from abroad to work for the employer. 3 ''(ii) LIMITATION.--Except as pro- 4 vided in clause (iii), the amount of reim- 5 bursement provided under clause (i) to a 6 worker shall not exceed the lesser of-- 7 ''(I) the actual cost to the worker 8 of the transportation and subsistence 9 involved; or 10 ''(II) the most economical and 11 reasonable common carrier transpor- 12 tation charges and subsistence costs 13 for the distance involved. 14 ''(iii) DISTANCE TRAVELED.--The em- 15 ployer shall not be required to reimburse a 16 worker under clause (i) if-- ''(I) the distance traveled is 100 17 miles or less; or 18 19 ''(II) the worker is not residing 20 in employer-provided housing or hous- 21 ing secured through an allowance de- 22 scribed in subclause (I)(iv). 23 24 25 ''(J) REIMBURSEMENT OF TRANSPOR- TATION FROM PLACE OF EMPLOYMENT.-- ''(i) IN GENERAL.-- EAS13500 S.L.C. 224 1 ''(I) IN GENERAL.--Except as 2 provided in subclause (II), a contract 3 agricultural worker who completes at 4 least 75 percent of a contract for a 5 designated agricultural employer shall 6 be reimbursed by the employer for the 7 cost of the worker's transportation 8 and subsistence from the place of em- 9 ployment to the place from which the 10 worker came to work for the em- 11 ployer. 12 ''(II) EXCEPTION.--If a contract 13 agricultural worker was employed by 14 another designated agricultural work- 15 er after terminating employment with 16 the designated agricultural employer 17 described in subclause (I) and before 18 returning to the place outside the 19 United States from which the worker 20 came, the subsequent designated agri- 21 cultural employer shall reimburse the 22 worker for the costs described in sub- 23 clause (I). 24 25 ''(III) SINGLE TRIP.--A contract agricultural worker is only entitled to EAS13500 S.L.C. 225 1 be reimbursed by a designated agri- 2 cultural employer under this subpara- 3 graph for travel to the place from 4 which the worker came at the time 5 the worker is leaving the Program. 6 ''(ii) LIMITATION.--Except as pro- 7 vided in clause (iii), the amount of reim- 8 bursement provided under clause (i) to a 9 worker shall not exceed the lesser of-- 10 ''(I) the actual cost to the worker 11 of the transportation and subsistence 12 involved; or 13 ''(II) the most economical and 14 reasonable common carrier transpor- 15 tation charges and subsistence costs 16 for the distance involved. 17 ''(iii) DISTANCE TRAVELED.--The em- 18 ployer shall not be required to reimburse a 19 worker under clause (i) if-- 20 21 ''(I) the distance traveled is 100 miles or less; or 22 ''(II) the worker is not residing 23 in employer-provided housing or hous- 24 ing secured through an allowance de- 25 scribed in subclause (I)(iv). EAS13500 S.L.C. 226 ''(iv) EARLY 1 TERMINATION.--If a con- 2 tract agricultural worker is laid off or the 3 worker's employment is terminated for 4 contract impossibility (as described in sub- 5 paragraph (C)(iii)) before completing 75 6 percent of such contract, the employer 7 shall reimburse the worker for the costs 8 described in clause (i)(I). 9 ''(5) VIOLATION OF PROGRAM REQUIRE- 10 MENTS.--If the Secretary determines, after an op- 11 portunity for a hearing, that a designated agricul- 12 tural employer has violated a term under this section 13 the Secretary may-- 14 ''(A) impose penalties, including fines; and 15 ''(B) for serious violations, disqualify the 16 employer from future enrollment in the Pro- 17 gram for a period of not more than 3 years. 18 19 20 ''(f) WAGES.-- ''(1) WAGE RATE REQUIREMENT.-- ''(A) IN GENERAL.--A nonimmigrant agri- 21 cultural worker employed by a designated agri- 22 cultural employer shall be paid the wage rate 23 for such employment set forth in paragraph (3). 24 25 ''(B) WORKERS PAID ON A PIECE RATE OR OTHER INCENTIVE BASIS.--If an employer pays EAS13500 S.L.C. 227 1 by the piece rate or other incentive method and 2 requires one or more minimum productivity 3 standards as a condition of job retention, such 4 standards shall be specified in the job offer and 5 be no more than those which have been nor- 6 mally required (at the time of the employee's 7 initial entry into the country as a nonimmigrant 8 agricultural worker) by other employers for the 9 activity in the geographic area of the job, unless 10 the Secretary approves a higher standard. 11 ''(2) JOB CATEGORIES.--For purposes of para- 12 graph (1), each nonimmigrant agricultural worker 13 employed by such employer shall be assigned to 1 of 14 the following standard occupational classifications, 15 as defined by the Bureau of Labor Statistics: 16 ''(A) First-Line Supervisors of Farming, 17 Fishing, and Forestry Workers (45-1011). 18 ''(B) Animal Breeders (45-2021). 19 ''(C) Graders and Sorters, Agricultural 20 21 22 23 24 Products (45-2041). ''(D) Agricultural equipment operator (45- 2091). ''(E) Farmworkers and Laborers, Crop, Nursery, and Greenhouse (45-2092). EAS13500 S.L.C. 228 ''(F) Farmworkers, Farm, Ranch and 1 2 Aquacultural Animals (45-2093). 3 ''(3) DETERMINATION 4 ''(A) FISCAL OF WAGE RATE.-- YEARS 2014 THROUGH 2016.-- 5 The wage rate under this subparagraph for fis- 6 cal years 2014 through 2016 shall be the higher 7 of-- 8 9 10 11 ''(i) the applicable Federal, State or local minimum wage; or ''(ii)(I) for the category described in paragraph (2)(C)-- 12 ''(aa) $9.37 for fiscal year 2014; 13 ''(bb) $9.60 for fiscal year 2015; 14 and 15 ''(cc) $9.84 for fiscal year 2016; 16 ''(II) for the category described in 17 18 19 20 21 paragraph (2)(D)-- ''(aa) $11.30 for fiscal year 2014; ''(bb) $11.58 for fiscal year 2015; and 22 ''(cc) $11.87 for fiscal year 2016; 23 ''(III) for the category described in 24 25 paragraph (2)(E)-- ''(aa) $9.17 for fiscal year 2014; EAS13500 S.L.C. 229 ''(bb) $9.40 for fiscal year 2015; 1 2 and ''(cc) $9.64 for fiscal year 2016; 3 4 and 5 ''(IV) for the category described in 6 paragraph (2)(F)-- ''(aa) $10.82 for fiscal year 7 8 2014; ''(bb) $11.09 for fiscal year 9 10 2015; and ''(cc) $11.37 for fiscal year 2016; 11 12 ''(B) SUBSEQUENT YEARS.--The Secretary 13 shall increase the hourly wage rates set forth in 14 clauses (i) through (iv) of subparagraph (A), 15 for each fiscal year after the fiscal years de- 16 scribed in subparagraph (A) by an amount 17 equal to-- 18 ''(i) 1.5 percent, if the percentage in- 19 crease in the Employment Cost Index for 20 wages and salaries during the previous fis- 21 cal year, as calculated by the Bureau of 22 Labor Statistics, is less than 1.5 percent; 23 ''(ii) the percentage increase in such 24 Employment Cost Index, if such percent- EAS13500 S.L.C. 230 1 age increase is between 1.5 percent and 2 2.5 percent, inclusive; or ''(iii) 2.5 percent, if such percentage 3 4 increase is greater than 2.5 percent. 5 ''(C) AGRICULTURAL SUPERVISORS AND 6 ANIMAL BREEDERS.--Not 7 1, 2015, and annually thereafter, the Secretary, 8 in consultation with the Secretary of Labor, 9 shall establish the prevailing wage for the next 10 fiscal year for each of the job categories set out 11 in subparagraphs (A) and (B) of paragraph (2). ''(D) SURVEY 12 later than September BY BUREAU OF LABOR STA- 13 TISTICS.--Not later than April 15, 2015, the 14 Bureau of Labor Statistics shall consult with 15 the Secretary to expand the Occupational and 16 Employment Survey to survey agricultural pro- 17 ducers and contractors and produce improved 18 wage data by State and the job categories set 19 out in subparagraphs (A) through (F) of para- 20 graph (2). 21 ''(4) CONSIDERATION.--In determining the 22 wage rate under paragraph (3), the Secretary may 23 consider appropriate factors, including-- 24 ''(A) whether the employment of additional 25 alien workers at the prevailing wage will ad- EAS13500 S.L.C. 231 1 versely affect the wages and working conditions 2 of workers in the United States similarly em- 3 ployed; 4 ''(B) whether the employment in the 5 United States of an alien admitted under sec- 6 tion 101(a)(15)(H)(ii)(a) or unauthorized aliens 7 in the agricultural workforce has depressed 8 wages of United States workers engaged in ag- 9 ricultural employment below the levels that 10 would otherwise have prevailed if such aliens 11 had not been employed in the United States; 12 ''(C) whether wages of agricultural workers 13 are sufficient to support such workers and their 14 families at a level above the poverty thresholds 15 determined by the Bureau of Census; 16 ''(D) the wages paid workers in the United 17 States who are not employed in agricultural em- 18 ployment but who are employed in comparable 19 employment; 20 ''(E) the continued exclusion of employers 21 of nonimmigrant alien workers in agriculture 22 from the payment of taxes under chapter 21 of 23 the Internal Revenue Code of 1986 (26 U.S.C. 24 3101 et seq.) and chapter 23 of such Code (26 25 U.S.C. 3301 et seq.); EAS13500 S.L.C. 232 1 ''(F) the impact of farm labor costs in the 2 United States on the movement of agricultural 3 production to foreign countries; 4 ''(G) a comparison of the expenses and 5 cost structure of foreign agricultural producers 6 to the expenses incurred by agricultural pro- 7 ducers based in the United States; and ''(H) the accuracy and reliability of the 8 9 10 Occupational and Employment Survey. ''(5) ADVERSE EFFECT WAGE RATE.-- ''(A) PROHIBITION 11 OF MODIFICATION.-- 12 The adverse effect wage rates in effect on April 13 15, 2013, for nonimmigrants admitted under 14 101(a)(15)(H)(ii)(a)-- 15 ''(i) shall remain in effect until the 16 date described in section 2233 of the Agri- 17 cultural Worker Program Act of 2013; and 18 ''(ii) may not be modified except as 19 provided in subparagraph (B). 20 ''(B) EXCEPTION.--Until the Secretary es- 21 tablishes the wage rates required under para- 22 graph (3)(C), the adverse effect wage rates in 23 effect on the date of the enactment of the Agri- 24 cultural Worker Program Act of 2013 shall 25 be-- EAS13500 S.L.C. 233 ''(i) deemed to be such wage rates; 1 2 and 3 ''(ii) after September 1, 2015, ad- 4 justed annually in accordance with para- 5 graph (3)(B). 6 7 8 9 10 ''(6) EQUAL WAGES, BENEFITS, AND WORKING CONDITIONS.-- ''(A) PREFERENTIAL TREATMENT OF ALIENS PROHIBITED.-- ''(i) IN GENERAL.--The employer's 11 job offer must offer to United States work- 12 ers no less than the same benefits, wages, 13 and working conditions that the employer 14 is offering, intends to offer, or will provide 15 to nonimmigrant workers. Conversely, no 16 job offer may impose on United States 17 workers any restrictions or obligations 18 which will not be imposed on the employ- 19 er's nonimmigrants. 20 ''(ii) SIMILARLY SITUATED U.S. WORK- 21 ERS.--Except as provided in paragraph 22 (3), all similarly situated U.S. workers em- 23 ployed at the same place of employment in 24 the same occupational classification as the 25 nonimmigrant workers must be provided EAS13500 S.L.C. 234 1 the same wages, benefits, and working con- 2 ditions described in this section. 3 ''(iii) EXCEPTION.--Notwithstanding 4 subparagraph (2), an employer is not re- 5 quired to provide housing for similarly sit- 6 uated United States workers, other than 7 United States workers recruited and hired 8 pursuant to an offer of employment in con- 9 nection with an application. 10 11 ''(B) ATTESTATION.-- ''(i) IN GENERAL.--Each designated 12 agricultural employer shall include an at- 13 testation that the employer is or is not a 14 Program dependent employer in its peti- 15 tion for nonimmigrant agricultural workers 16 under paragraph (2). 17 ''(ii) PROGRAM DEPENDENT DETERMINATION.--Each EM- des- 18 PLOYER 19 ignated agricultural employer shall annu- 20 ally determine whether the employer is a 21 Program dependent employer, with at least 22 60 percent of its employees who are not 23 United States workers, based upon-- 24 ''(I) the total number of employ- 25 ees employed by an employer during EAS13500 S.L.C. 235 1 the preceding calendar year, as evi- 2 denced by the employer's payroll 3 records; and 4 ''(II) the employer's E-Verify 5 records indicating the citizenship and 6 alien status of each employee em- 7 ployed by the employer. ''(C) HOUSING 8 EXCEPTION.--An employer 9 described in subparagraph (A) shall only be re- 10 quired to provide housing to United States 11 workers 12 (e)(4)(H) if such workers do not reside within 13 100 miles of their place of employment. 14 15 16 in accordance ''(g) WORKER PROTECTIONS with AND subsection DISPUTE RESOLU- TION.-- ''(1) EQUALITY OF TREATMENT.--Non- 17 immigrant agricultural workers shall not be denied 18 any right or remedy under any Federal, State, or 19 local labor or employment law applicable to United 20 States workers engaged in agricultural employment. 21 ''(2) APPLICABILITY 22 SEASONAL 23 OF THE MIGRANT AND ACT.-- 24 25 AGRICULTURAL ''(A) MIGRANT TURAL WORKER WORKER PROTECTION AND SEASONAL AGRICULPROTECTION ACT.--Non- EAS13500 S.L.C. 236 1 immigrant agricultural workers shall be consid- 2 ered migrant agricultural workers for purposes 3 of the Migrant and Seasonal Agricultural Work- 4 er Protection Act (29 U.S.C. 1801 et seq.). 5 ''(B) ELIGIBILITY OF NONIMMIGRANT AG- 6 RICULTURAL WORKERS FOR CERTAIN LEGAL 7 ASSISTANCE.--A 8 worker shall be considered to be lawfully admit- 9 ted for permanent residence for purposes of es- 10 tablishing eligibility for legal services under the 11 Legal Services Corporation Act (42 U.S.C. 12 2996 et seq.) on matters relating to wages, 13 housing, transportation, and other employment 14 rights. nonimmigrant 15 ''(C) MEDIATION.-- 16 ''(i) FREE agricultural MEDIATION SERVICES.-- 17 The Federal Mediation and Conciliation 18 Service shall be available to assist in re- 19 solving disputes arising under this section 20 between nonimmigrant agricultural work- 21 ers and designated agricultural employers 22 without charge to the parties. 23 ''(ii) COMPLAINT.--If a nonimmigrant 24 agricultural worker files a complaint under 25 section 504 of the Migrant and Seasonal EAS13500 S.L.C. 237 1 Agricultural Worker Protection Act (29 2 U.S.C. 1854), not later than 60 days after 3 the filing of proof of service of the com- 4 plaint, a party to the action may file a re- 5 quest with the Federal Mediation and Con- 6 ciliation Service to assist the parties in 7 reaching a satisfactory resolution of all 8 issues involving all parties to the dispute. 9 ''(iii) NOTICE.--Upon filing a request 10 under clause (ii) and giving of notice to the 11 parties, the parties shall attempt mediation 12 within the period specified in clause (iv). 13 ''(iv) 90-DAY LIMIT.--The Federal 14 Mediation and Conciliation Service may 15 conduct mediation or other nonbinding dis- 16 pute resolution activities for a period not 17 to exceed 90 days beginning on the date on 18 which the Federal Mediation and Concilia- 19 tion Service receives a request for assist- 20 ance under clause (ii) unless the parties 21 agree to an extension of such period. 22 23 24 25 ''(v) AUTHORIZATION OF APPROPRIA- TIONS.-- ''(I) IN GENERAL.--Subject to clause (II), there are authorized to be EAS13500 S.L.C. 238 1 appropriated to the Federal Mediation 2 and Conciliation Service $500,000 for 3 each fiscal year to carry out this sub- 4 paragraph. ''(II) 5 MEDIATION.--Notwith- 6 standing any other provision of law, 7 the Director of the Federal Mediation 8 and Conciliation Service is author- 9 ized-- 10 ''(aa) to conduct the medi- 11 ation or other dispute resolution 12 activities from any other account 13 containing amounts available to 14 the Director; and 15 ''(bb) to reimburse such ac- 16 count with amounts appropriated 17 pursuant to subclause (I). ''(vi) PRIVATE 18 MEDIATION.--If all 19 parties agree, a private mediator may be 20 employed as an alternative to the Federal 21 Mediation and Conciliation Service. 22 ''(3) OTHER RIGHTS.--Nonimmigrant agricul- 23 tural workers shall be entitled to the rights granted 24 to other classes of aliens under sections 242(h) and 25 245E. EAS13500 S.L.C. 239 1 ''(4) WAIVER OF RIGHTS.--Agreements by non- 2 immigrant agricultural workers to waive or modify 3 any rights or protections under this section shall be 4 considered void or contrary to public policy except as 5 provided in a collective bargaining agreement with a 6 bona fide labor organization. 7 ''(h) ENFORCEMENT AUTHORITY.-- 8 ''(1) REVIEW.--The Secretary of Homeland Se- 9 curity shall review petitions submitted by designated 10 agricultural employers under subsection (e)(2) for 11 completeness or obvious inaccuracies. 12 13 14 15 ''(2) INVESTIGATION OF COMPLAINTS.-- ''(A) AGGRIEVED PERSON OR THIRD-PARTY COMPLAINTS.-- ''(i) PROCESS.--The Secretary of 16 Labor shall establish a process for the re- 17 ceipt, investigation, and disposition of com- 18 plaints respecting a designated agricultural 19 employer's failure to meet a condition spec- 20 ified in subsection (e), or an employer's 21 misrepresentation of material facts in a pe- 22 tition under subsection (e)(2). 23 ''(ii) FILING.--Any aggrieved person 24 or organization, including bargaining rep- 25 resentatives, may file a complaint referred EAS13500 S.L.C. 240 1 to in clause (i) not later than 1 year after 2 the date of the failure or misrepresenta- 3 tion, respectively. 4 ''(iii) INVESTIGATION OR HEARING.-- 5 The Secretary of Labor shall conduct an 6 investigation if there is reasonable cause to 7 believe that such failure or misrepresenta- 8 tion has occurred. 9 ''(B) DETERMINATION ON COMPLAINT.-- 10 Under such process, the Secretary of Labor 11 shall provide, not later than 30 days after the 12 date on which such a complaint is filed, for a 13 determination as to whether or not a reasonable 14 basis exists to make a finding described in sub- 15 paragraph (C), (D), (E), or (F). If the Sec- 16 retary of Labor determines that such a reason- 17 able basis exists, the Secretary of Labor shall 18 provide for notice of such determination to the 19 interested parties and an opportunity for a 20 hearing on the complaint, in accordance with 21 section 556 of title 5, United States Code, with- 22 in 60 days after the date of the determination. 23 If such a hearing is requested, the Secretary of 24 Labor shall make a finding concerning the mat- 25 ter not later than 60 days after the date of the EAS13500 S.L.C. 241 1 hearing. In the case of similar complaints re- 2 specting the same applicant, the Secretary of 3 Labor may consolidate the hearings under this 4 subparagraph on such complaints. 5 ''(C) FAILURE TO MEET CONDITIONS.--If 6 the Secretary of Labor finds, after notice and 7 opportunity for a hearing, a failure to meet a 8 condition under subsection (e) or (f), or made 9 a material misrepresentation of fact in a peti- 10 tion under subsection (e)(2)-- 11 ''(i) the Secretary of Labor shall no- 12 tify the Secretary of such finding and may, 13 in addition, impose such other administra- 14 tive remedies (including civil money pen- 15 alties in an amount not to exceed $1,000 16 per violation) as the Secretary of Labor 17 determines to be appropriate; and 18 ''(ii) the Secretary may disqualify the 19 designated agricultural employer from the 20 employment of nonimmigrant agricultural 21 workers for a period of 1 year. 22 ''(D) WILLFUL FAILURES AND WILLFUL 23 MISREPRESENTATIONS.--If the Secretary of 24 Labor finds, after notice and opportunity for 25 hearing, a willful failure to meet a condition EAS13500 S.L.C. 242 1 under subsection (e) or (f) or a willful misrepre- 2 sentation of a material fact in an application or 3 petition under paragraph (1) or (2) of sub- 4 section (e)-- 5 ''(i) the Secretary of Labor shall no- 6 tify the Secretary of such finding and may, 7 in addition, impose such other administra- 8 tive remedies (including civil money pen- 9 alties in an amount not to exceed $5,000 10 per violation) as the Secretary of Labor 11 determines to be appropriate; 12 ''(ii) the Secretary of Labor may seek 13 appropriate legal or equitable relief to ef- 14 fectuate the purposes of subsection (e)(8); 15 and 16 ''(iii) the Secretary may disqualify the 17 designated agricultural employer from the 18 employment of nonimmigrant agricultural 19 workers for a period of 2 years. 20 ''(E) DISPLACEMENT OF UNITED STATES 21 WORKERS.--If the Secretary of Labor finds, 22 after notice and opportunity for hearing, a will- 23 ful failure to meet a condition under subsection 24 (e) or (f) or a willful misrepresentation of a ma- 25 terial fact in an application or petition under EAS13500 S.L.C. 243 1 paragraph (1) or (2) of subsection (e), in the 2 course of which failure or misrepresentation the 3 employer displaced a United States worker em- 4 ployed by the employer during the period of em- 5 ployment on the employer's petition under sub- 6 section (e)(2) or during the period of 30 days 7 preceding such period of employment-- 8 ''(i) the Secretary of Labor shall no- 9 tify the Secretary of such finding and may, 10 in addition, impose such other administra- 11 tive remedies (including civil money pen- 12 alties in an amount not to exceed $15,000 13 per violation) as the Secretary of Labor 14 determines to be appropriate; and 15 ''(ii) the Secretary may disqualify the 16 employer from the employment of non- 17 immigrant agricultural workers for a pe- 18 riod of 3 years. 19 ''(F) FAILURES TO PAY WAGES OR RE- 20 QUIRED BENEFITS.--If the Secretary of Labor 21 finds, after notice and opportunity for a hear- 22 ing, that the employer has failed to pay the 23 wages, or provide the housing allowance, trans- 24 portation, subsistence reimbursement, or guar- 25 antee of employment required under subsection EAS13500 S.L.C. 244 1 (e)(4) and (f), the Secretary of Labor shall as- 2 sess payment of back wages, or other required 3 benefits, due any United States worker or non- 4 immigrant agricultural worker employed by the 5 employer in the specific employment in ques- 6 tion. The back wages or other required benefits 7 required under subsection (e) and (f) shall be 8 equal to the difference between the amount that 9 should have been paid and the amount that ac- 10 11 tually was paid to such worker. ''(G) DISPOSITION OF PENALTIES.--Civil 12 penalties collected under this paragraph shall be 13 deposited into the Comprehensive Immigration 14 Reform Trust Fund established under section 15 6(a)(1) of the Border Security, Economic Op- 16 portunity, and Immigration Modernization Act. 17 ''(3) LIMITATIONS ON CIVIL MONEY PEN- 18 ALTIES.--The Secretary of Labor shall not impose 19 total civil money penalties with respect to a petition 20 under subsection (e)(2) in excess of $90,000. 21 ''(4) ELECTION.--A nonimmigrant agricultural 22 worker who has filed an administrative complaint 23 with the Secretary of Labor may not maintain a civil 24 action under paragraph (2) unless a complaint based 25 on the same violation filed with the Secretary of EAS13500 S.L.C. 245 1 Labor under subsection (a)(1) is withdrawn before 2 the filing of such action, in which case the rights 3 and remedies available under this subsection shall be 4 exclusive. 5 ''(5) PRECLUSIVE EFFECT.--Any settlement by 6 a nonimmigrant agricultural worker, a designated 7 agricultural 8 through the mediation process required under sub- 9 section (g)(2)(C) shall preclude any right of action 10 arising out of the same facts between the parties in 11 any Federal or State court or administrative pro- 12 ceeding, unless specifically provided otherwise in the 13 settlement agreement. employer, or any person reached 14 ''(6) SETTLEMENTS.--Any settlement by the 15 Secretary of Labor on behalf of a designated agricul- 16 tural worker on behalf of a nonimmigrant agricul- 17 tural worker of a complaint filed with the Secretary 18 of Labor under this section or any finding by the 19 Secretary of Labor under this subsection shall pre- 20 clude any right of action arising out of the same 21 facts between the parties under any Federal or State 22 court or administrative proceeding, unless specifi- 23 cally provided otherwise in the settlement agreement. 24 25 ''(7) STATUTORY CONSTRUCTION.--Nothing in this subsection may be construed as limiting the au- EAS13500 S.L.C. 246 1 thority of the Secretary of Labor to conduct any 2 compliance investigation under any other labor law, 3 including any law affecting migrant and seasonal ag- 4 ricultural workers, or, in the absence of a complaint 5 under this section, under paragraph (1), (3), or (4) 6 of subsection (e), in the settlement agreement. 7 ''(8) DISCRIMINATION PROHIBITED.--It is a 8 violation of this subsection for any person to intimi- 9 date, threaten, restrain, coerce, blacklist, discharge, 10 or in any other manner discriminate against an em- 11 ployee, including a former employee or an applicant 12 for employment, because the employee-- 13 ''(A) has disclosed information to the em- 14 ployer, or to any other person, that the em- 15 ployee reasonably believes evidences a violation 16 of subsection (e), or any rule or regulation re- 17 lating to subsection (e); or 18 ''(B) cooperates or seeks to cooperate in an 19 investigation or other proceeding concerning the 20 employer's compliance with the requirements 21 under subsection (e) or any rule or regulation 22 pertaining to subsection (e). 23 ''(9) ROLE 24 25 OF ASSOCIATIONS.-- ''(A) VIOLATION SOCIATION.-- BY A MEMBER OF AN AS- EAS13500 S.L.C. 247 1 ''(i) IN GENERAL.--If an association 2 acting as the agent of an employer files an 3 application on behalf of such employer, the 4 employer is fully responsible for such appli- 5 cation, and for complying with the terms 6 and conditions of subsection (e). If such an 7 employer is determined to have violated 8 any requirement described in this sub- 9 section, the penalty for such violation shall 10 apply only to that employer except as pro- 11 vided in clause (ii). 12 ''(ii) COLLECTIVE RESPONSIBILITY.-- 13 If the Secretary of Labor determines that 14 the association or other members of the as- 15 sociation participated in, had knowledge of, 16 or reason to know of a violation described 17 in clause (i), the penalty shall also be in- 18 voked against the association and complicit 19 association members. 20 ''(B) VIOLATIONS 21 ACTING AS AN EMPLOYER.-- 22 ''(i) IN BY AN GENERAL.--If ASSOCIATION an association 23 filing an application as a sole or joint em- 24 ployer is determined to have violated any 25 requirement described in this section, the EAS13500 S.L.C. 248 1 penalty for such violation shall apply only 2 to the association except as provided in 3 clause (ii). ''(ii) MEMBER 4 RESPONSIBILITY.--If 5 the Secretary of Labor determines that 1 6 or more association members participated 7 in, had knowledge of, or reason to know of 8 the violation described in clause (i), the 9 penalty be invoked 14 all ''(i) SPECIAL NONIMMIGRANT VISA PROCESSING AND 12 WAGE DETERMINATION PROCEDURES 13 against complicit association members. 10 11 shall RICULTURAL FOR CERTAIN AG- OCCUPATIONS.-- ''(1) FINDING.--Certain industries possess 15 unique occupational characteristics that necessitate 16 the Secretary of Agriculture adopt special proce- 17 dures relating to housing, pay, and visa program ap- 18 plication requirements for those industries. 19 ''(2) SPECIAL PROCEDURES INDUSTRIES DE- 20 FINED.--In this subsection, the term 'Special Proce- 21 dures Industries' means-- 22 ''(A) sheepherding and goat herding; 23 ''(B) itinerant commercial beekeeping and 24 25 pollination; ''(C) open range production of livestock; EAS13500 S.L.C. 249 1 ''(D) itinerant animal shearing; 2 ''(E) custom combining industries; and 3 ''(F) any other industry designated by the 4 Secretary, upon petition by an employer, as a 5 Special Procedures Industry. 6 ''(3) WORK LOCATIONS.--The Secretary shall 7 allow designated agricultural employers in a Special 8 Procedures Industry that do not operate in a single 9 fixed-site location to provide, as part of application 10 and job description under the Program, a list of an- 11 ticipated work locations, which-- ''(A) may include an anticipated itinerary; 12 13 14 and ''(B) may be subsequently amended by the 15 employer, after notice to the Secretary. 16 ''(4) WAGE RATES.--The Secretary may estab- 17 lish monthly, weekly, or biweekly wage rates for oc- 18 cupations in a Special Procedures Industry for a 19 State or other geographic area. For an employer in 20 those Special Industries that typically pay a monthly 21 wage, the Secretary shall require that workers will 22 be paid not less frequently than monthly and at a 23 rate no less than the legally required monthly cash 24 wage for such employer as of the date of enactment EAS13500 S.L.C. 250 1 and in an amount as re-determined annually by the 2 Secretary of Agriculture through rulemaking. 3 ''(5) HOUSING.--The Secretary shall allow for 4 the provision of housing or a housing allowance by 5 employers in Special Procedures Industries and 6 allow housing suitable for workers employed in re- 7 mote locations. 8 ''(6) ALLERGY LIMITATION.--An employer en- 9 gaged in the commercial beekeeping or pollination 10 services industry may require that an applicant be 11 free from bee pollen or honey-related allergies. 12 ''(7) APPLICATION.--An individual employer in 13 Special Procedures Industry may file visa program 14 applications on its own behalf, including with use of 15 an agent, or in conjunction with an association of 16 employers, and in any case the employer's applica- 17 tion may be part of several related applications sub- 18 mitted simultaneously that constitute a master ap- 19 plication. 20 ''(8) RULEMAKING.--The Secretary of Agri- 21 culture, after consultation with employers and em- 22 ployee representatives, shall publish for notice and 23 comment proposed regulations relating to housing, 24 pay and application procedures for Special Proce- 25 dure Industries. EAS13500 S.L.C. 251 1 2 ''(j) MISCELLANEOUS PROVISIONS.-- ''(1) DISQUALIFICATION OF NONIMMIGRANT AG- 3 RICULTURAL WORKERS FROM FINANCIAL ASSIST- 4 ANCE.--An 5 cultural worker is not eligible for any program of fi- 6 nancial assistance under Federal law (whether 7 through grant, loan, guarantee, or otherwise) on the 8 basis of financial need, as such programs are identi- 9 fied by the Secretary in consultation with other 10 alien admitted as a nonimmigrant agri- agencies of the United States. 11 ''(2) MONITORING 12 ''(A) IN REQUIREMENT.-- GENERAL.--The Secretary shall 13 monitor the movement of nonimmigrant agricul- 14 tural workers through-- 15 16 ''(i) the Employment Verification System described in section 274A(b); and 17 ''(ii) the electronic monitoring system 18 established pursuant to subparagraph (B). 19 ''(B) ELECTRONIC MONITORING SYSTEM.-- 20 The Secretary of Homeland Security, through 21 the Director of U.S. Citizenship and Immigra- 22 tion Services, shall establish an electronic moni- 23 toring system, which shall-- 24 25 ''(i) be modeled on the Student and Exchange Visitor Information System EAS13500 S.L.C. 252 1 (SEVIS) and the SEVIS II tracking sys- 2 tem administered by U.S. Immigration and 3 Customs Enforcement; 4 ''(ii) monitor the presence and em- 5 ployment of nonimmigrant agricultural 6 workers; and 7 ''(iii) assist in ensuring the compli- 8 ance of designated agricultural employers 9 and nonimmigrant agricultural workers with the requirements of the Program.''. 10 11 (b) RULEMAKING.--The Secretary of Agriculture 12 shall issue regulations to cary out section 218A of the Im13 migration and Nationality Act, as added by subsection (a), 14 not later than 1 year after the date of the enactment of 15 this Act. 16 (c) CLERICAL AMENDMENT.--The table of contents 17 in the first section of the Immigration and Nationality Act 18 (8 U.S.C. 1101 et seq.) is amended by inserting after the 19 item relation to section 219 the following: ''Sec. 218A. Nonimmigrant agricultural worker program.''. 20 (d) EFFECTIVE DATE.--The amendments made by 21 this section shall take effect on October 1, 2014. 22 23 SEC. 2233. TRANSITION OF H-2A WORKER PROGRAM. (a) SUNSET OF PROGRAM.--An employer may not pe- 24 tition to employ an alien present in the United States pur25 suant to section 101(a)(15)(H)(ii)(a) of the Immigration EAS13500 S.L.C. 253 1 and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) 2 after the date that is 1 year after the effective date of 3 the regulations issued pursuant to section 2241(b). 4 (b) CONFORMING AMENDMENTS.-- (1) REPEAL 5 H-2A OF NONIMMIGRANT CAT- 6 EGORY.--Section 7 tion 8 1101(a)(15)(H)(ii)) is amended by striking sub- 9 clause (a). 10 and 101(a)(15)(H)(ii) of the Immigra- Nationality (2) REPEAL Act (8 U.S.C. OF ADMISSION REQUIREMENTS FOR 11 H-2A WORKER.--Section 12 Nationality Act (8 U.S.C. 1188) is repealed. 13 14 (3) CONFORMING 218 of the Immigration and AMENDMENTS.-- (A) AMENDMENT OF PETITION REQUIRE- 15 MENTS.--Section 214(c)(1) of the Immigration 16 and Nationality Act (8 U.S.C. 1184(g)(9)) is 17 amended by striking ''For purposes of this sub- 18 section'' and all that follows. 19 (4) EFFECTIVE DATE.--The amendments made 20 by this subsection shall take effect on the date that 21 is 1 year after the effective date of the regulations 22 issued pursuant to section 2241(b). EAS13500 S.L.C. 254 1 2 3 4 SEC. 2234. REPORTS TO CONGRESS ON NONIMMIGRANT AGRICULTURAL WORKERS. (a) ANNUAL REPORT CULTURE.--Not BY SECRETARY OF AGRI- later than September 30 of each year, the 5 Secretary of Agriculture shall submit a report to Congress 6 that identifies, for the previous year, the number, 7 disaggregated by State and by occupation, of-- 8 (1) job opportunities approved for employment 9 of aliens admitted pursuant to clause (iii) or clause 10 (iv) of section 101(a)(15)(W) of the Immigration 11 and Nationality Act, as added by section 2232; and 12 (2) aliens actually admitted pursuant to each 13 such clause. 14 (b) ANNUAL REPORT BY SECRETARY OF HOMELAND 15 SECURITY.--Not later than September 30 of each year, 16 the Secretary shall submit a report to Congress that iden17 tifies, for the previous year, the number of aliens described 18 in subsection (a)(2) who-- 19 (1) violated the terms of the nonimmigrant ag- 20 ricultural worker program established under section 21 218A(b) of the Immigration and Nationality Act, as 22 added by section 2232; and 23 (2) have not departed from the United States. EAS13500 S.L.C. 255 1 2 3 CHAPTER 3--OTHER PROVISIONS SEC. 2241. RULEMAKING. (a) CONSULTATION REQUIREMENT.--In the course of 4 promulgating any regulation necessary to implement this 5 subtitle, or the amendments made by this subtitle, the Sec6 retary, the Secretary of Agriculture, the Secretary of 7 Labor, and the Secretary of State shall regularly consult 8 with each other. 9 (b) DEADLINE FOR ISSUANCE OF REGULATIONS.-- 10 Except as provided in section 2232(b), all regulations to 11 implement this subtitle and the amendments made by this 12 subtitle shall be issued not later than 6 months after the 13 date of the enactment of this Act. 14 15 SEC. 2242. REPORTS TO CONGRESS. Not later than 180 days after the date of the enact- 16 ment of this Act, the Secretary and the Secretary of Agri17 culture shall jointly submit a report to Congress that de18 scribes the measures being taken and the progress made 19 in implementing this subtitle and the amendments made 20 by this subtitle. 21 22 SEC. 2243. EFFECTIVE DATE. This subtitle and the amendments made by this sub- 23 title, except for sections 2221, 2242, and 2243, shall take 24 effect on the date on which the regulations required under 25 section 2241(e) are issued, regardless of whether such reg- EAS13500 S.L.C. 256 1 ulations are issued on an interim basis or on any other 2 basis. 3 4 5 6 Subtitle C--Future Immigration SEC. 2301. MERIT-BASED POINTS TRACK ONE. (a) IN GENERAL.-- (1) WORLDWIDE LEVEL OF MERIT-BASED IMMI- 7 GRANTS.--Section 8 amended to read as follows: 9 ''(e) WORLDWIDE LEVEL 10 11 12 201(e) (8 U.S.C. 1151(e)) is OF MERIT-BASED IMMI- GRANTS.-- ''(1) IN GENERAL.-- ''(A) NUMERICAL LIMITATION.--Subject to 13 paragraphs (2), (3), and (4), the worldwide 14 level of merit-based immigrants is equal to 15 120,000 for each fiscal year. 16 ''(B) STATUS.--An alien admitted on the 17 basis of a merit-based immigrant visa under 18 this section shall have the status of an alien 19 lawfully admitted for permanent residence. 20 ''(2) ANNUAL 21 ''(A) IN INCREASE.-- GENERAL.--Subject to subpara- 22 graph (B) and paragraph (3), if in any fiscal 23 year the worldwide level of visas available for 24 merit-based immigrants under this section-- EAS13500 S.L.C. 257 1 ''(i) is less than 75 percent of the 2 number of applicants for such fiscal year, 3 the worldwide level shall increase by 5 per- 4 cent for the next fiscal year; and 5 ''(ii) is equal to or more than 75 per- 6 cent of such number, the worldwide level 7 for the next fiscal year shall be the same 8 as the worldwide level for such fiscal year, 9 minus any amount added to the worldwide 10 level for such fiscal year under paragraph 11 (4). 12 ''(B) LIMITATION ON INCREASE.--The 13 worldwide level of visas available for merit- 14 based immigrants shall not exceed 250,000. 15 ''(3) EMPLOYMENT CONSIDERATION.--The 16 worldwide level of visas available for merit-based im- 17 migrants may not be increased for a fiscal year 18 under paragraph (2) if the annual average unem- 19 ployment rate for the civilian labor force 18 years or 20 over in the United States, as determined by the Bu- 21 reau of Labor Statistics, for such previous fiscal 22 year is more than 81/2 percent. 23 ''(4) RECAPTURE OF UNUSED VISAS.--The 24 worldwide level of merit-based immigrants described 25 in paragraph (1) for a fiscal year shall be increased EAS13500 S.L.C. 258 1 by the difference (if any) between the worldwide 2 level established under paragraph (1) for the pre- 3 vious fiscal year and the number of visas actually 4 issued under this subsection during that fiscal year. 5 Such visas shall be allocated for the following year 6 pursuant to section 203(c)(3).''. 7 (2) MERIT-BASED IMMIGRANTS.--Section 203 8 (8 U.S.C. 1153), as amended by section 213, is fur- 9 ther amended by inserting after subsection (b) the 10 following: 11 ''(c) MERIT-BASED IMMIGRANTS.-- 12 ''(1) FISCAL YEARS 1 THROUGH 4.--For the 13 first 4 fiscal years beginning after the date of enact- 14 ment of the Border Security, Economic Opportunity, 15 and Immigration Modernization Act, the worldwide 16 level of merit-based immigrant visas made available 17 under section 201(e)(1) shall be available for aliens 18 described in section 203(b)(3) and in addition to any 19 visas available for such aliens under such section. 20 ''(2) SUBSEQUENT FISCAL YEARS.--Beginning 21 with the fifth fiscal year beginning after the date of 22 the enactment of the Border Security, Economic Op- 23 portunity, and Immigration Modernization Act, 24 aliens subject to the worldwide level specified in sec- EAS13500 S.L.C. 259 1 tion 201(e) for merit-based immigrants shall be allo- 2 cated as follows: 3 ''(A) 50 percent shall be available to appli- 4 cants with the highest number of points allo- 5 cated under tier 1 in paragraph (4). 6 ''(B) 50 percent shall be available to appli- 7 cants with the highest number of points allo- 8 cated under tier 2 in paragraph (5). 9 ''(3) UNUSED VISAS.--If the total number of 10 visas allocated to tier 1 or tier 2 for a fiscal year 11 are not granted during that fiscal year, such number 12 may be added to the number of visas available sec- 13 tion 201(e)(1) for the following fiscal year and allo- 14 cated as follows: 15 ''(A) If the unused visas were allocated for 16 tier 1 in a fiscal year, 2/3 of such visas shall be 17 available for aliens allocated visas under tier 1 18 in the following fiscal year and 1/3 of such visas 19 shall be available for aliens allocated visas 20 under either tier 1 or tier 2 in the following fis- 21 cal year. 22 ''(B) If the unused visas were allocated for 23 tier 2 in a fiscal year, 2/3 of such visas shall be 24 available for aliens allocated visas under tier 2 25 in the following fiscal year and 1/3 of such visas EAS13500 S.L.C. 260 1 shall be available for aliens allocated visas 2 under either tier 1 or tier 2 in the following fis- 3 cal year. 4 ''(4) TIER 1.--The Secretary shall allocate 5 points to each alien seeking to be a tier 1 merit- 6 based immigrant as follows: 7 ''(A) EDUCATION.-- ''(i) IN 8 9 10 GENERAL.--An alien may re- ceived points under only one of the following categories: 11 ''(I) An alien who has received a 12 doctorate degree shall be allocated 15 13 points. 14 ''(II) An alien who has received a 15 master's degree shall be allocated 10 16 points. 17 ''(ii) An alien who has received a 18 bachelor's degree from an institution of 19 higher education (as defined in section 20 101(a) of the Higher Education Act of 21 1965 (20 U.S.C. 1001(a)) shall be allo- 22 cated 5 points. 23 ''(B) EMPLOYMENT EXPERIENCE.--An 24 alien shall be allocated not more than 20 points 25 as follows: EAS13500 S.L.C. 261 1 ''(i) 3 points for each year the alien 2 has been lawfully employed in a zone 5 oc- 3 cupation in the United States. 4 ''(ii) 2 points for each year the alien 5 has been lawfully employed in a zone 4 oc- 6 cupation in the United States. 7 ''(C) EMPLOYMENT RELATED TO EDU- 8 CATION.--An 9 and is employed full-time or has an offer of full- 10 time employment in a field related to the alien's 11 education-- 12 13 14 alien who in the United States ''(i) in a zone 5 occupation shall be allocated 10 points; or ''(ii) in a zone 4 occupation shall be 15 allocated 8 points. 16 ''(D) ENTREPRENEURSHIP.--An alien who 17 is an entrepreneur in business that employs at 18 least 2 employee in a zone 4 occupation or a 19 zone 5 occupation shall be allocated 10 points. 20 ''(E) HIGH DEMAND OCCUPATION.--An 21 alien who is employed full-time in the United 22 States or has an offer of full-time employment 23 in a high demand occupation high demand tier 24 1 occupation shall be allocated 10 points. EAS13500 S.L.C. 262 1 ''(F) CIVIC INVOLVEMENT.--An alien who 2 has attested that he or she has engaged in a 3 significant amount of community service, as de- 4 termined by the Secretary, shall be allocated 2 5 points. 6 ''(G) ENGLISH LANGUAGE.--An alien who 7 received a score of 80 or more on the Test of 8 English as a Foreign Language, or an equiva- 9 lent score on a similar test, as determined by 10 the Secretary, shall be allocated points 10 11 points. 12 ''(H) SIBLINGS AND MARRIED SONS AND 13 DAUGHTERS OF CITIZENS.--An 14 sibling of a citizen of the United States or who 15 is more than 31 years of age and is the married 16 son or married daughter of a citizen of the 17 United States shall be allocated 10 points. 18 19 20 21 22 23 24 alien who is the ''(I) AGE.--An alien who is-- ''(i) between 18 and 24 years of age shall be allocated 8 points; ''(ii) between 25 and 32 years of age shall be allocated 6 points; or ''(iii) between 33 and 37 years of age shall be allocated 4 points. EAS13500 S.L.C. 263 1 ''(J) COUNTRY OF ORIGIN.--An alien who 2 is a national of a country of which fewer than 3 50,000 nationals were lawfully admitted to per- 4 manent residence in the United States in the 5 previous 5 years shall be allocated 5 points. 6 ''(5) TIER 2.--The Secretary shall allocate 7 points to each alien seeking to be a tier 2 merit- 8 based immigrant as follows: 9 ''(A) EMPLOYMENT EXPERIENCE.--An 10 alien shall be allocated 2 points for each year 11 the alien has been lawfully employed in the 12 United States, for a total of not more than 20 13 points. 14 ''(B) SPECIAL EMPLOYMENT CRITERIA.-- 15 An alien who is employed full-time in the 16 United States, or has an offer of full-time em- 17 ployment-- ''(i) in a high demand tier 2 occupa- 18 19 tion shall be allocated 10 points; or ''(ii) in a zone 1 occupation or zone 2 20 21 occupation shall be allocated 10 points. 22 ''(C) CAREGIVER.--An alien who is or has 23 been a primary caregiver shall be allocated 10 24 points. EAS13500 S.L.C. 264 1 ''(D) 2 RECORD.--An 3 tional employment, as determined by the Sec- 4 retary, shall be allocated 10 points. In deter- 5 mining a record of exceptional employment, the 6 Secretary shall consider factors including pro- 7 motions, longevity, changes in occupations from 8 a lower job zone to a higher job zone , good 9 safety record, and an increases in pay. 10 EXCEPTIONAL EMPLOYMENT alien who has a record of excep- ''(E) CIVIC INVOLVEMENT.--An alien who 11 has demonstrated significant shall civic involve- 12 ment shall be allocated 2 points. 13 ''(F) ENGLISH LANGUAGE.--An alien who 14 received a score on the Test of English as a 15 Foreign Language, or an equivalent score on a 16 similar test, as determined by the Secretary of 17 Homeland Security of-- 18 19 20 ''(i) 75 or more shall be allocated points 10 points; or ''(ii) more than 54 and less than 75 21 shall be allocated 5 points. 22 ''(G) SIBLINGS AND MARRIED SONS AND 23 DAUGHTERS OF CITIZENS.--An alien who is the 24 sibling of a citizen of the United States or is 25 over the age of 31 and is the married son or EAS13500 S.L.C. 265 1 married daughter of a citizen of the United 2 States shall be allocated 10 points. 3 4 5 6 7 8 9 10 ''(H) AGE.--An alien who is-- ''(i) between 18 and 24 years of age shall be allocated 8 points; ''(ii) between 25 and 32 years of age shall be allocated 6 points; or ''(iii) between 33 and 37 years of age shall be allocated 4 points. ''(I) COUNTRY OF ORIGIN.--An alien who 11 is a national of a country of which fewer than 12 50,000 nationals were lawfully admitted to per- 13 manent residence in the United States in the 14 previous 5 years shall be allocated 5 points. 15 ''(6) FEE.--An alien who is allocated a visa 16 17 under this section shall pay a fee of $500. ''(7) ELIGIBILITY OF ALIENS IN REGISTERED 18 PROVISIONAL IMMIGRANT STATUS.--An alien who 19 was granted registered provisional immigrant status 20 may be granted a merit-based immigrant visa under 21 section 201(e) and may begin accruing points under 22 subsections (b), (d), and (e) no earlier than the date 23 that is 10 years after the date of the enactment of 24 the Border Security, Economic Opportunity, and 25 Immigration Modernization Act. EAS13500 S.L.C. 266 1 ''(8) INELIGIBILITY OF ALIENS WITH PENDING 2 OR APPROVED PETITIONS.--An 3 tion pending or approved in another immigrant cat- 4 egory under this section or section 201 may not 5 apply for a merit-based immigrant visa. 6 7 alien who has a peti- ''(9) DEFINITIONS.--In this subsection: ''(A) HIGH DEMAND TIER 1 OCCUPA- 8 TION.--The 9 tion' means 1 of the 5 occupations for which 10 the highest number of nonimmigrants described 11 in section 101(a)(15)(H)(i) were sought to be 12 admitted by employers during the previous fis- 13 cal year. 14 term 'high demand tier 1 occupa- ''(B) HIGH DEMAND TIER 2 OCCUPA- 15 TION.--The 16 tion' means 1 of the 5 occupations for which 17 the highest number of positions were sought to 18 become registered positions by employers under 19 section 220(e) during the previous fiscal year. 20 21 22 term 'high demand tier 2 occupa- ''(C) SECRETARY.--The term 'Secretary' means the Secretary of Homeland Security. ''(D) ZONE 1 OCCUPATION.--The term 23 'zone 1 occupation' means an occupation that 24 requires little or no preparation and is classified 25 as a zone 1 occupation on-- EAS13500 S.L.C. 267 1 ''(i) the Occupational Information 2 Network Database (O*NET) on the date 3 of the enactment of this Act; or 4 ''(ii) such Database or a similar suc- 5 cessor database, as designated by the Sec- 6 retary of Labor, after the date of the en- 7 actment of this Act. 8 ''(E) ZONE 2 OCCUPATION.--The term 9 'zone 2 occupation' means an occupation that 10 requires some preparation and is classified as a 11 zone 2 occupation on-- 12 ''(i) the Occupational Information 13 Network Database (O*NET) on the date 14 of the enactment of this Act; or 15 ''(ii) such Database or a similar suc- 16 cessor database, as designated by the Sec- 17 retary of Labor, after the date of the en- 18 actment of this Act. 19 ''(F) ZONE 3 OCCUPATION.--The term 20 'zone 3 occupation' means an occupation that 21 requires medium preparation and is classified 22 as a zone 3 occupation on-- 23 ''(i) the Occupational Information 24 Network Database (O*NET) on the date 25 of the enactment of this Act; or EAS13500 S.L.C. 268 1 ''(ii) such Database or a similar suc- 2 cessor database, as designated by the Sec- 3 retary of Labor, after the date of the en- 4 actment of this Act. 5 ''(G) ZONE 4 OCCUPATION.--The term 6 'zone 3 occupation' means an occupation that 7 requires considerable preparation and is classi- 8 fied as a zone 4 occupation on-- 9 ''(i) the Occupational Information 10 Network Database (O*NET) on the date 11 of the enactment of this Act; or 12 ''(ii) such Database or a similar suc- 13 cessor database, as designated by the Sec- 14 retary of Labor, after the date of the en- 15 actment of this Act. 16 ''(H) ZONE 5 OCCUPATION.--The term 17 'zone 5 occupation' means an occupation that 18 requires extensive preparation and is classified 19 as a zone 5 occupation on-- 20 ''(i) the Occupational Information 21 Network Database (O*NET) on the date 22 of the enactment of this Act; or 23 ''(ii) such Database or a similar suc- 24 cessor database, as designated by the Sec- EAS13500 S.L.C. 269 1 retary of Labor, after the date of the en- 2 actment of this Act.''. 3 (b) MODIFICATION OF POINTS.--The Secretary may 4 submit to Congress a proposal to modify the number of 5 points allocated under subsection (c) of section 203 of the 6 Immigration and Nationality Act (8 U.S.C. 1153), as 7 amended by subsection (a). 8 (c) CONFORMING AMENDMENT.--Section 203(d) of 9 the Immigration and Nationality Act (8 U.S.C. 1153(d)), 10 as amended by section 213(a)(2)(B) of this Act, is further 11 amended by striking ''(a) or (b)'' and inserting ''(a), (b), 12 or (c)''. 13 (d) EFFECTIVE DATE.--The amendments made by 14 this section shall take effect on the first day of the first 15 fiscal year beginning after the date of the enactment of 16 this Act. 17 18 SEC. 2302. MERIT-BASED TRACK TWO. (a) IN GENERAL.--In addition to any immigrant visa 19 made available under the Immigration and Nationality Act 20 (8 U.S.C. 1101 et seq.), as amended by this Act, the Sec21 retary of State shall allocate merit-based immigrant visas 22 as described in this section. 23 (b) STATUS.--An alien admitted on the basis of a 24 merit-based immigrant visa under this section shall have 25 the status of an alien lawfully admitted for permanent res- EAS13500 S.L.C. 270 1 idence (as that term is defined in section 101(a)(20) of 2 the Immigration and Nationality Act (8 U.S.C. 3 1101(a)(20)). 4 (c) ELIGIBILITY.--Beginning on October 1, 2014, the 5 following aliens shall be eligible for merit-based immigrant 6 visas under this section: 7 (1) EMPLOYMENT-BASED IMMIGRANTS.--An 8 alien who is the beneficiary of a petition filed before 9 the date of the enactment of this Act to accord sta- 10 tus under section 203(b) of the Immigration and 11 Nationality Act, if the visa has not been issued with- 12 in 5 years after the date on which such petition was 13 filed. 14 (2) FAMILY-BASED IMMIGRANTS.--Subject to 15 subsection (d), an alien who is the beneficiary of a 16 petition filed to accord status under section 203(a) 17 of the Immigration and Nationality Act-- 18 (A) prior to the date of the enactment of 19 this Act, if the visa was not issued within 5 20 years after the date on which such petition was 21 filed; or 22 (B) after such date of enactment, to ac- 23 cord status under paragraph (3) or (4) of sec- 24 tion 203(a) of the Immigration and Nationality 25 Act (8 U.S.C. 1153 (a)), as in effect the day EAS13500 S.L.C. 271 1 before the effective date specified in section 2 217(a)(3 )of this Act, and the visa was not 3 issued within 5 years after the date on which 4 petition was filed. 5 (3) LONG-TERM 6 ALIEN WORKERS AND OTHER MERIT-BASED IMMIGRANTS.--An alien who-- 7 (A) is not admitted pursuant to subpara- 8 graph (W) of section 101(a)(15) of the Immi- 9 gration and Nationality Act (8 U.S.C. 1101(a)(15)); and 10 11 (B) has been lawfully present in the 12 United States for not less than 10 years; and 13 (d) ALLOCATION OF EMPLOYMENT-SPONSORED 14 MERIT-BASED IMMIGRANT VISAS.--In each of the fiscal 15 years 2015 through and including 2021, the Secretary of 16 State shall allocate to aliens described in subsection (c)(1) 17 a number of merit-based immigrant visas equal to 1/7 of 18 the number of aliens described in subsection (c)(1) whose 19 visas had not been issued as of the date of the enactment 20 of this Act. 21 22 (e) ALLOCATION BASED OF FAMILY-SPONSORED MERIT- IMMIGRANT VISAS.--The visas authorized by sub- 23 section (c)(2) shall be allocated as follows: 24 (1) SPOUSES 25 RESIDENTS.--Petitions AND CHILDREN OF PERMANENT to accord status under sec- EAS13500 S.L.C. 272 1 tion 203(a)(2)(A) of the Immigration and Nation- 2 ality Act (8 U.S.C. 1153(a)(2)(A)) of the Immigra- 3 tion and Nationality Act, as in effect the day before 4 the effective date specified in section 217(a)(3) of 5 this Act, are automatically converted to petitions to 6 accord status to the same beneficiaries as immediate 7 relatives under section 201(b)(2)(A) of the Immigra- 8 tion and Nationality Act (8 U.S.C. 1151(b)(2)(A)). 9 (2) OTHER FAMILY MEMBERS.--In each of the 10 fiscal years 2015 through and including 2021, the 11 Secretary of State shall allocate to the aliens de- 12 scribed in subsection (c)(2)(A), other than those 13 aliens described in paragraph (1), a number of tran- 14 sitional merit-based immigrant visas equal to 1/7 of 15 the difference between-- 16 (A) the number of aliens described in sub- 17 section (c)(2)(A) whose visas had not been 18 issued as of the date of the enactment of this 19 Act; and 20 (B) the number of aliens described in 21 paragraph (1). 22 (3) ORDER OF ISSUANCE FOR PREVIOUSLY 23 FILED APPLICATIONS.--Subject to paragraphs (1) 24 and (2), the visas authorized by subsection (c)(2)(A) 25 shall be issued in the order in which the petitions to EAS13500 S.L.C. 273 1 accord status under section 203(a) of the Immigra- 2 tion and Nationality Act were filed (8 U.S.C. 3 1153(a)). 4 (4) SUBSEQUENTLY FILED APPLICATIONS.--In 5 fiscal year 2022, the Secretary of State shall allocate 6 to the aliens described in subsection (c)(2)(B), the 7 number of merit-based immigrant visas equal to 1/2 8 of the number of aliens described in subsection 9 (c)(2)(B) whose visas had not been issued by Octo- 10 ber 1, 2021. In fiscal year 2023, the Secretary of 11 State shall allocate to the aliens described in sub- 12 section (c)(2)(B), the number of merit-based immi- 13 grant visas equal to the number of aliens described 14 in subsection (c)(2)(B) whose visas had not been 15 issued by October 1, 2022. 16 (5) ORDER OF ISSUANCE FOR SUBSEQUENTLY 17 FILED APPLICATIONS.--Subject 18 the visas authorized by subsection (c)(2)(B) shall be 19 issued in the order in which the petitions to accord 20 status under section 203(a) of the Immigration and 21 Nationality Act were filed, as in effect the day be- 22 fore the effective date specified in section 217(a)(3) 23 of this Act. 24 (f) ELIGIBILITY IN to paragraph (4), YEARS AFTER 2028.--Beginning 25 in fiscal year 2029, aliens eligible for adjustment of status EAS13500 S.L.C. 274 1 under paragraph (c)(3) of this section must be lawfully 2 present in an employment authorized status for 20 years 3 prior to filing an application for adjustment of status. 4 (g) REGISTERED PROVISIONAL IMMIGRANTS.--An 5 alien granted registered provisional status under section 6 201 of this Act is not eligible to receive a merit-based im7 migrant visa under section 201(e) of the Immigration and 8 Nationality Act, as amended by section 2301, until 10 9 years after the date of the enactment of this Act. 10 11 SEC. 2303. REPEAL OF THE DIVERSITY VISA PROGRAM. (a) IN GENERAL.--Title II (8 U.S.C. 1151 et seq.) 12 is amended-- 13 14 (1) in section 201 (8 U.S.C. 1151)-- (A) in subsection (a)-- (i) in paragraph (1), by adding ''and'' 15 16 at the end; 17 (ii) in paragraph (2), by striking ''; 18 and'' at the end and inserting a period; 19 and 20 21 22 (iii) by striking paragraph (3); and (B) by striking subsection (e); (2) in section 203 (8 U.S.C. 1153)-- 23 (A) by striking subsection (c); 24 (B) in subsection (d), by striking ''(a), (b), 25 or (c)'' and inserting ''(a) or (b) EAS13500 S.L.C. 275 1 (C) in subsection (e)-- 2 (i) by striking paragraph (2); and 3 (ii) by redesignating paragraph (3) as 4 paragraph (2); 5 (D) in subsection (f), by striking ''(a), (b), 6 or (c) of this section'' and inserting ''(a) or 7 (b)''; and 8 9 10 11 12 13 (E) in subsection (g), by striking ''(a), (b), and (c)'' and inserting ''(a) and (b)''; and (3) in section 204 (8 U.S.C. 1154)-- (A) in subsection (a)(1), by striking subparagraph (I); and (B) in subsection (e), by striking ''(a), (b), 14 or (c)'' and inserting ''(a) or (b)''. 15 (b) EFFECTIVE DATE AND APPLICATION.-- 16 (1) EFFECTIVE DATE.--The amendments made 17 by this section shall take effect on October 1, 2014. 18 (2) APPLICATION.--An alien who receives a no- 19 tification from the Secretary that the alien was se- 20 lected to receive a diversity immigrant visa under 21 section 203(c) of the Immigration and Nationality 22 Act (8 U.S.C. 1153(c)) for fiscal year 2013 or fiscal 23 year 2014 shall remain eligible to receive such visa 24 under the rules of such section, as in effect on Sep- 25 tember 30, 2014. No alien may be allocated such a EAS13500 S.L.C. 276 1 diversity immigrant visa for a fiscal year after fiscal 2 year 2015. 3 SEC. 2304. WORLD-WIDE LEVELS AND RECAPTURE OF UN- 4 5 USED IMMIGRANT VISAS. (a) EMPLOYMENT-BASED IMMIGRANTS.--Section 6 201(d) (8 U.S.C. 1151(d)) is amended to read as follows: 7 ''(d) WORLDWIDE LEVEL OF EMPLOYMENT-BASED 8 IMMIGRANTS.-- 9 10 ''(1) IN GENERAL.-- ''(A) WORLDWIDE LEVEL.--For a fiscal 11 year after fiscal year 2015, the worldwide level 12 of employment-based immigrants under this 13 subsection is equal to the sum of-- 14 ''(i) 140,000; and 15 ''(ii) the number computed under 16 paragraph (2). 17 ''(B) FISCAL YEAR 2015.--For fiscal year 18 2015, the worldwide level of employment-based 19 immigrants under this subsection is equal to 20 the sum of-- 21 ''(i) 140,000; 22 ''(ii) the number computed under 23 24 25 paragraph (2); and ''(iii) the number computed under paragraph (3). EAS13500 S.L.C. 277 ''(2) PREVIOUS 1 FISCAL YEAR.--The number 2 computed under this paragraph for a fiscal year is 3 the difference, if any, between the maximum number 4 of visas which may be issued under section 5 203(a)(relating to family-sponsored immigrants) 6 during the previous fiscal year and the number of 7 visas issued under that section during that year. ''(3) UNUSED 8 9 10 VISAS.--The number computed under this paragraph is the difference, if any, between-- 11 ''(A) the sum of the worldwide levels estab- 12 lished under paragraph (1) for fiscal years 13 1992 through and including 2013; and 14 ''(B) the number of visas actually issued 15 under section 203(b) during such fiscal years.''. 16 (b) FAMILY-SPONSORED IMMIGRANTS.--Section 17 201(c) (8 U.S.C. 1151(c)) is amended to read as follows: 18 19 20 21 ''(c) WORLDWIDE LEVEL OF FAMILY-SPONSORED IMMIGRANTS.-- ''(1) IN GENERAL.-- ''(A) WORLDWIDE LEVEL.--Subject to 22 subparagraph (C), for each fiscal year after fis- 23 cal year 2015, the worldwide level of family- 24 sponsored immigrants under this subsection for 25 a fiscal year is equal to the sum of-- EAS13500 S.L.C. 278 1 2 3 ''(i) 480,000 minus the number computed under paragraph (2); and ''(ii) the number computed under 4 paragraph (3). 5 ''(B) FISCAL YEAR 2015.--Subject to sub- 6 paragraph (C), for fiscal year 2015, the world- 7 wide level of family-based immigrants under 8 this subsection for a fiscal year after fiscal year 9 2015 is equal to the sum of-- 10 11 12 13 14 ''(i) 480,000 minus the number computed under paragraph (2); ''(ii) the number computed under paragraph (3); and ''(iii) the number computed under 15 paragraph (4). 16 ''(C) LIMITATION.--The number computed 17 under subparagraph (A)(i) or (B)(i) may not be 18 less than 226,000. The number computed under 19 subparagraph (A)(i) or (B)(i) may not be less 20 than 226,000, except that beginning on the 21 date that is 18 months after the date of the en- 22 actment of the Border Security, Economic Op- 23 portunity, and Immigration Modernization Act, 24 the number computed under subparagraph 25 (A)(i) or (B)(i) may not be less than 161,000. EAS13500 S.L.C. 279 1 ''(2) IMMEDIATE RELATIVES.--The number 2 computed under this paragraph for a fiscal year is 3 the number of aliens described in subparagraph (A) 4 or (B) of subsection (b)(2) who were issued immi- 5 grant visas, or who otherwise acquired the status of 6 an alien lawfully admitted to the United States for 7 permanent residence, in the previous fiscal year. 8 ''(3) PREVIOUS FISCAL YEAR.--The number 9 computed under this paragraph for a fiscal year is 10 the difference, if any, between the maximum number 11 of visas which may be issued under section 203(b) 12 (relating to employment-based immigrants) during 13 the previous fiscal year and the number of visas 14 issued under that section during that year. 15 ''(4) UNUSED VISAS.--The number computed 16 under this paragraph is the difference, if any, be- 17 tween-- 18 ''(A) the sum of the worldwide levels estab- 19 lished under paragraph (1) for fiscal years 20 1992 through and including 2013; and 21 ''(B) the number of visas actually issued 22 under section 203(a) during such fiscal years.''. 23 (c) EFFECTIVE DATE.--The amendments made by 24 this Act shall take effect on the first day of the first fiscal 25 year beginning after the date of the enactment of this Act. EAS13500 S.L.C. 280 1 SEC. 2305. RECLASSIFICATION OF SPOUSES AND MINOR 2 CHILDREN OF LAWFUL PERMANENT RESI- 3 DENTS AS IMMEDIATE RELATIVES. 4 (a) IMMEDIATE RELATIVES.--Section 201(b)(2) (8 5 U.S.C. 1151(b)(2)) is amended to read as follows: 6 ''(2)(A) Aliens who are immediate relatives. 7 ''(B) In this paragraph, the term 'immediate 8 relative' means-- 9 ''(i) a child, spouse, or parent of a citizen 10 of the United States, except that in the case of 11 such a parent such citizen shall be at least 21 12 years of age; 13 14 ''(ii) a child or spouse of an alien lawfully admitted for permanent residence; 15 ''(iii) the child or spouse of an alien de- 16 scribed in clause (i), who is accompanying or 17 following to join the alien; 18 ''(iv) the child or spouse of an alien de- 19 scribed in clause (ii), who is accompanying or 20 following to join the alien; 21 ''(v) an alien admitted under section 22 211(a) on the basis of a prior issuance of a visa 23 to the alien's accompanying parent who is an 24 immediate relative; and EAS13500 S.L.C. 281 1 ''(vi) an alien born to an alien lawfully ad- 2 mitted for permanent residence during a tem- 3 porary visit abroad. 4 ''(C) If an alien who was the spouse or child of 5 a citizen of the United States or of an alien lawfully 6 admitted for permanent residence and was not le- 7 gally separated from the citizen or lawful permanent 8 resident at the time of the citizen's or lawful perma- 9 nent resident's death files a petition under section 10 204(a)(1)(A)(ii) not later than 2 years after the date 11 of the citizen's or permanent resident's death, the 12 alien spouse (and each child of the alien) shall re- 13 main, for purposes of this paragraph, an immediate 14 relative during the period beginning on the date of 15 the citizen's or permanent resident's death and end- 16 ing on the date on which the alien spouse remarries. 17 ''(D) An alien who has filed a petition under 18 clause (iii) or (iv) of section 204(a)(1)(A) shall re- 19 main, for purposes of this paragraph, an immediate 20 relative if the United States citizen or lawful perma- 21 nent resident spouse or parent loses United States 22 citizenship on account of the abuse.''. 23 (b) ALLOCATION OF IMMIGRANT VISAS.--Section 24 203(a) (8 U.S.C. 1153(a)) is amended-- EAS13500 S.L.C. 282 1 (1) in paragraph (1), by striking ''23,400,'' and 2 inserting ''20 percent of the worldwide level of fam- 3 ily-sponsored immigrants under section 201(c)''; 4 (2) by striking paragraph (2) and inserting the 5 following: 6 ''(2) UNMARRIED SONS AND UNMARRIED 7 DAUGHTERS OF PERMANENT RESIDENT ALIENS.-- 8 Qualified immigrants who are the unmarried sons or 9 unmarried daughters (but are not the children) of 10 an alien lawfully admitted for permanent residence 11 shall be allocated visas in a number not to exceed 20 12 percent of the worldwide level of family-sponsored 13 immigrants under section 201(c), plus any visas not 14 required for the class specified in paragraph (1).''; 15 (3) in paragraph (3) -- 16 (A) by striking ''23,400,'' and inserting 17 ''20 percent of the worldwide level of family- 18 sponsored immigrants under section 201(c)''; 19 and 20 (B) by striking ''classes specified in para- 21 graphs (1) and (2).'' and inserting ''class speci- 22 fied in paragraph (2).''; and 23 (4) in paragraph (4)-- 24 (A) by striking ''65,000,'' and inserting 25 ''40 percent of the worldwide level of family- EAS13500 S.L.C. 283 1 sponsored immigrants under section 201(c)''; 2 and 3 (B) by striking ''classes specified in para- 4 graphs (1) through (3).'' and inserting ''class 5 specified in paragraph (3).''. 6 (c) TERMINATION OF REGISTRATION.--Section 7 203(g) (8 U.S.C. 1153(g)) is amended to read as follows: 8 9 ''(g) LISTS.-- ''(1) IN GENERAL.--For purposes of carrying 10 out the orderly administration of this title, the Sec- 11 retary of State may make reasonable estimates of 12 the anticipated numbers of immigrant visas to be 13 issued during any quarter of any fiscal year within 14 each of the categories under subsections (a), (b), 15 and (c) and may rely upon such estimates in author- 16 izing the issuance of visas. 17 18 ''(2) TERMINATION OF REGISTRATION.-- ''(A) INFORMATION DISSEMINATION.--Not 19 later than 180 days after the date of the enact- 20 ment of the Border Security, Economic Oppor- 21 tunity, and Immigration Modernization Act, the 22 Secretary of Homeland Security and the Sec- 23 retary of State shall adopt a plan to broadly 24 disseminate information to the public regarding 25 termination of registration procedures described EAS13500 S.L.C. 284 1 in subparagraphs (B) and (C), including proce- 2 dures for notifying the Department of Home- 3 land Security and the Department of State of 4 any change of address on the part of a peti- 5 tioner or a beneficiary of an immigrant visa pe- 6 tition. 7 ''(B) TERMINATION FOR FAILURE TO AD- 8 JUST.--The 9 shall terminate the registration of any alien who 10 has evidenced an intention to acquire lawful 11 permanent residence under section 245 and who 12 fails to apply to adjust status within 1 year fol- 13 lowing notification to the alien of the avail- 14 ability of an immigrant visa. 15 Secretary of Homeland Security ''(C) TERMINATION FOR FAILURE TO 16 APPLY.--The Secretary of State shall terminate 17 the registration of any alien not described in 18 subparagraph (B) who fails to apply for an im- 19 migrant visa within 1 year following notification 20 to the alien of the availability of such visa. 21 ''(3) REINSTATEMENT.--The registration of 22 any alien that was terminated under paragraph (2) 23 shall be reinstated if the alien establishes within 2 24 years following the date of notification of the avail- EAS13500 S.L.C. 285 1 ability of such visa demonstrates that such failure to 2 apply was due to good cause.''. 3 (d) TECHNICAL AND CONFORMING AMENDMENTS.-- 4 (1) DEFINITIONS.--Section 101(a)(15)(K)(ii) 5 (8 U.S.C. 1101(a)(15)(K)(ii)) is amended by strik- 6 ing ''section 201(b)(2)(A)(i)'' and inserting ''section 7 201(b)(2) (other than clause (v) or (vi) of subpara- 8 graph (A))''. 9 (2) PER COUNTRY LEVEL.--Section 10 202(a)(1)(A) (8 U.S.C. 1152(a)(1)(A)) is amended 11 by striking ''section 201(b)(2)(A)(i)'' and inserting 12 ''section 201(b)(2) (other than clause (v) or (vi) of 13 subparagraph (A))''. 14 (3) RULES FOR DETERMINING WHETHER CER- 15 TAIN ALIENS ARE IMMEDIATE RELATIVES.--Section 16 201(f) (8 U.S.C. 1151(f)) is amended-- 17 (A) in paragraph (1), by striking ''para- 18 graphs (2) and (3),'' and inserting ''paragraph 19 (2),''; 20 (B) by striking paragraph (2); 21 (C) by redesignating paragraphs (3) and 22 (4) as paragraphs (2) and (3), respectively; and 23 (D) in paragraph (3), as redesignated by 24 subparagraph (C), by striking ''through (3)'' 25 and inserting ''and (2)''. EAS13500 S.L.C. 286 1 (4) NUMERICAL 2 FOREIGN STATE.--Section 3 amended-- 4 202 (8 U.S.C. 1152) is (A) in subsection (a)(4)-- (i) by striking subparagraphs (A) and 5 6 LIMITATION TO ANY SINGLE (B); 7 (ii) by redesignating subparagraphs 8 (C) and (D) as subparagraphs (A) and 9 (B), respectively; and 10 (iii) in subparagraph (A), as redesig- 11 nated by clause (ii), by striking ''section 12 203(a)(2)(B)'' 13 203(a)(2)''; and 14 (B) in subsection (e), in the flush matter 15 following paragraph (3), by striking '', or as 16 limiting the number of visas that may be issued 17 under section 203(a)(2)(A) pursuant to sub- 18 section (a)(4)(A)''. 19 (5) ALLOCATION 20 21 22 and inserting ''section OF IMMIGRANT VISAS.--Sec- tion 203(h) (8 U.S.C. 1153(h)) is amended-- (A) in paragraph (1)-- (i) in the matter preceding subpara- 23 graph (A), by striking ''subsections 24 (a)(2)(A) and (d)'' and inserting ''sub- 25 section (d)''; EAS13500 S.L.C. 287 1 (ii) in subparagraph (A), by striking 2 ''becomes available for such alien (or, in 3 the case of subsection (d), the date on 4 which an immigrant visa number became 5 available for the alien's parent),'' and in- 6 serting ''became available for the alien's 7 parent,''; and (iii) in subparagraph (B), by striking 8 9 10 ''applicable''; (B) by amending paragraph (2) to read as 11 follows: 12 ''(2) PETITIONS DESCRIBED.--The petition de- 13 scribed in this paragraph is a petition filed under 14 section 204 for classification of the alien's parent 15 under subsection (a), (b), or (c).''; and 16 (C) by amending paragraph (3) to read as 17 follows: 18 ''(3) RETENTION 19 OF PRIORITY DATE.-- ''(A) PETITIONS FILED FOR CHILDREN.-- 20 For a petition originally filed to classify a child 21 under subsection (d), if the age of the alien is 22 determined under paragraph (1) to be 21 years 23 of age or older on the date that a visa number 24 becomes available to the alien's parent who was 25 the principal beneficiary of the petition, then, EAS13500 S.L.C. 288 1 upon the parent's admission to lawful perma- 2 nent residence in the United States, the petition 3 shall automatically be converted to a petition 4 filed by the parent for classification of the alien 5 under subsection (a)(2) and the petition shall 6 retain the priority date established by the origi- 7 nal petition. ''(B) FAMILY 8 PETITIONS.--The 9 AND EMPLOYMENT-BASED priority date for any family- 10 or employment-based petition shall be the date 11 of filing of the petition with the Secretary of 12 Homeland Security (or the Secretary of State, 13 if applicable), unless the filing of the petition 14 was preceded by the filing of a labor certifi- 15 cation with the Secretary of Labor, in which 16 case that date shall constitute the priority date. 17 The beneficiary of any petition shall retain his 18 or her earliest priority date based on any peti- 19 tion filed on his or her behalf that was approv- 20 able when filed, regardless of the category of 21 subsequent petitions.''. 22 (6) PROCEDURE 23 STATUS.--Section 24 FOR GRANTING ed-- 25 IMMIGRANT 204 (8 U.S.C. 1154) is amend- (A) in subsection (a)(1)-- EAS13500 S.L.C. 289 1 (i) in subparagraph (A)-- 2 (I) in clause (i), by inserting ''or 3 alien lawfully admitted for permanent 4 residence'' after ''citizen of the United 5 States''; 6 (II) in clause (ii), by striking 7 ''described in the second sentence of 8 section 201(b)(2)(A)(i) also'' and in- 9 serting ''or alien child described in 10 11 section 201(b)(2)(C)''; (III) in clause (iii)-- 12 (aa) in subclause (I)(aa), by 13 striking ''United States citizen'' 14 and inserting ''citizen of the 15 United States or lawful perma- 16 nent resident''; and 17 (bb) in subclause (II)(aa)-- 18 (AA) in subitem (AA), 19 by striking the semicolon at 20 the end and inserting ''or 21 lawful permanent resident;''; 22 23 (BB) in subitem (BB)-- 24 (cc) by inserting ''or 25 lawful permanent resident'' EAS13500 S.L.C. 290 1 after ''a citizen 2 of the United States''; and 3 (dd) by striking 4 ''States;'' and inserting 5 ''States or lawful permanent 6 resident;''; and 7 (CC) by amending subitem (CC) to read as follows: 8 ''(CC) who was a bona fide spouse of a citizen 9 of the United States or a lawful permanent resident 10 11 12 within the past 2 years and-- ''(aaa) whose spouse died within the past 2 years; 13 ''(bbb) whose spouse renounced citizenship 14 status or renounced or lost status as a lawful 15 permanent resident within the past 2 years re- 16 lated to an incident of domestic violence; or 17 ''(ccc) who demonstrates a connection be- 18 tween the legal termination of the marriage 19 within the past 2 years and battering or ex- 20 treme cruelty by the spouse who is a citizen of 21 the United States or a lawful permanent resi- 22 dent spouse;''; 23 (IV) in clause (iv), by inserting 24 ''or lawful permanent resident'' after EAS13500 S.L.C. 291 1 ''citizen'' each place that term ap- 2 pears; 3 (V) in clause (v)(I), by inserting 4 ''or lawful permanent resident'' after 5 ''citizen''; and (VI) in clause (vi)-- 6 7 (aa) by striking ''citizen- 8 ship,'' and inserting ''citizenship 9 or lawful permanent resident status,''; and 10 11 (bb) by inserting ''or lawful 12 permanent resident'' after ''abus- 13 er's citizenship''; 14 (ii) by striking subparagraph (B); 15 (iii) in subparagraph (C), by striking 16 ''subparagraph (A)(iii), (A)(iv), (B)(ii), or 17 (B)(iii)'' and inserting ''clause (iii) or (iv) 18 of subparagraph (A)''; and 19 (iv) in subparagraph (J), by striking 20 ''or clause (ii) or (iii) of subparagraph 21 (B)''; 22 (B) in subsection (a), by striking para- 23 24 25 graph (2); (C) in subsection (c)(1), by striking ''or preference status''; and EAS13500 S.L.C. 292 (D) in subsection (h), by striking ''or a pe- 1 2 tition filed under subsection (a)(1)(B)(ii)''. 3 (7) EXCLUDABLE ALIENS.--Section 4 212(d)(12)(B) (8 U.S.C. 1182(d)(12)(B)) is amend- 5 ed by striking ''section 201(b)(2)(A)'' and inserting 6 ''section 7 (A)(vi))''. 8 201(b)(2) (8) ADMISSION (other than subparagraph OF NONIMMIGRANTS.--Section 9 214(r)(3)(A) (8 U.S.C. 1184(r)(3)(A)) is amended 10 by striking ''section 201(b)(2)(A)(i).'' and inserting 11 ''section 201(b)(2) (other than clause (v) or (vi) of 12 subparagraph (A)).''. 13 (9) REFUGEE CRISIS IN IRAQ ACT OF 2007.-- 14 Section 1243(a)(4) of the Refugee Crisis in Iraq Act 15 of 2007 (8 U.S.C. 1157 note) is amended by strik- 16 ing ''section 201(b)(2)(A)(i)'' and inserting ''section 17 201(b)(2) (other than clause (v) or (vi) of subpara- 18 graph (A))''. 19 (10) PROCESSING OF VISA APPLICATIONS.-- 20 Section 233 of the Department of State Authoriza- 21 tion Act, Fiscal Year 2003 (8 U.S.C. 1201 note) is 22 amended by striking ''section 201(b)(2)(A)(i)'' and 23 inserting ''section 201(b)(2) (other than clause (v) 24 or (vi) of subparagraph (A))''. EAS13500 S.L.C. 293 1 (11) ADJUSTMENT OF STATUS.--Section 245(a) 2 (8 U.S.C. 1255(a)) is amended to read as follows: 3 ''(a)(1) The status of an alien who was inspected and 4 admitted or paroled into the United States or the status 5 of any other alien having an approved petition for classi6 fication as a VAWA self-petitioner may be adjusted by the 7 Attorney General or the Secretary of Homeland Security, 8 in the Attorney General's or the Secretary's discretion and 9 under such regulations as the Attorney General or Sec10 retary may prescribe, to that of an alien lawfully admitted 11 for permanent residence (regardless of whether the alien 12 has already been admitted for permanent residence) if-- 13 14 ''(A) the alien makes an application for such adjustment; 15 ''(B) the alien is eligible to receive an immi- 16 grant visa and is admissible to the United States for 17 permanent residence; and 18 ''(C) subject to paragraph (2), an immigrant 19 visa is immediately available to the alien at the time 20 the alien's application is filed. 21 ''(2)(A) An application that is based on a petition ap- 22 proved or approvable under subparagraph (A) or (B) of 23 section 204(a)(1) may be filed without regard to the limi24 tation set forth in paragraph (1)(C). EAS13500 S.L.C. 294 1 ''(B) An application for adjustment filed for an alien 2 under this paragraph may not be approved until such time 3 as an immigrant visa becomes available for the alien.''. 4 (e) EFFECTIVE DATE.--The amendments made by 5 this section shall take effect on the date of the enactment 6 of this Act. 7 SEC. 2306. NUMERICAL LIMITATIONS ON INDIVIDUAL FOR- 8 EIGN STATES. 9 (a) NUMERICAL LIMITATION 10 EIGN TO ANY SINGLE FOR- STATE.--Section 202(a)(2) (8 U.S.C. 1152(a)(2)) is 11 amended-- 12 13 14 15 16 17 (1) in the paragraph heading, by striking ''AND EMPLOYMENT-BASED''; (2) by striking ''(3), (4), and (5),'' and inserting ''(3) and (4),''; (3) by striking ''subsections (a) and (b) of section 203'' and inserting ''section 203(a)''; 18 (4) by striking ''7'' and inserting ''15''; and 19 (5) by striking ''such subsections'' and inserting 20 ''such section''. 21 (b) CONFORMING AMENDMENTS.--Section 202 (8 22 U.S.C. 1152) is amended-- 23 (1) in subsection (a)-- EAS13500 S.L.C. 295 1 (A) in paragraph (3), by striking ''both 2 subsections (a) and (b) of section 203'' and in- 3 serting ''section 203(a)''; and (B) by striking paragraph (5); and 4 5 (2) by amending subsection (e) to read as fol- 6 lows: 7 ''(e) SPECIAL RULES FOR COUNTRIES AT CEILING.-- 8 If it is determined that the total number of immigrant 9 visas made available under section 203(a) to natives of 10 any single foreign state or dependent area will exceed the 11 numerical limitation specified in subsection (a)(2) in any 12 fiscal year, in determining the allotment of immigrant visa 13 numbers to natives under section 203(a), visa numbers 14 with respect to natives of that state or area shall be allo15 cated (to the extent practicable and otherwise consistent 16 with this section and section 203) in a manner so that, 17 except as provided in subsection (a)(4), the proportion of 18 the visa numbers made available under each of paragraphs 19 (1) through (4) of section 203(a) is equal to the ratio of 20 the total number of visas made available under the respec21 tive paragraph to the total number of visas made available 22 under section 203(a).''. 23 (c) COUNTRY-SPECIFIC OFFSET.--Section 2 of the 24 Chinese Student Protection Act of 1992 (8 U.S.C. 1255 25 note) is amended-- EAS13500 S.L.C. 296 1 2 3 (1) in subsection (a), by striking ''subsection (e))'' and inserting ''subsection (d))''; and (2) by striking subsection (d) and redesignating 4 subsection (e) as subsection (d). 5 (d) EFFECTIVE DATE.--The amendments made by 6 this section shall take effect 1 year after the date of the 7 enactment of this Act. 8 9 SEC. 2307. ALLOCATION OF IMMIGRANT VISAS. (a) PREFERENCE ALLOCATION FOR FAMILY-BASED 10 IMMIGRANTS.-- 11 (1) IN GENERAL.--Section 203(a) (8 U.S.C. 12 1153(a)) is amended to read as follows: 13 ''(a) PREFERENCE ALLOCATION FOR FAMILY-BASED 14 IMMIGRANTS.--Aliens subject to the worldwide level speci15 fied in section 201(c) for family-based immigrants shall 16 be allotted visas as follows: 17 18 ''(1) SONS AND DAUGHTERS OF CITIZENS.-- Qualified immigrants who are-- 19 ''(A) the unmarried sons or unmarried 20 daughters but not the children of citizens of the 21 United States shall be allocated visas in a num- 22 ber not to exceed 35 percent of the worldwide 23 level authorized in section 201(c), plus the sum 24 of-- EAS13500 S.L.C. 297 1 ''(i) the number of visas not required 2 for the class specified in paragraph (2) for 3 the current fiscal year; and 4 ''(ii) the number of visas not required 5 for the class specified in subparagraph (B); 6 or 7 ''(B) the married sons or married daugh- 8 ters of citizens of the United States who are 9 under 31 years of age at the time of filing a pe- 10 tition under section 204 shall be allocated visas 11 in a number not to exceed 25 percent of the 12 worldwide level authorized in section 201(c), 13 plus the number of any visas not required for 14 the class specified in subparagraph (A) current 15 fiscal year. 16 ''(2) SONS AND DAUGHTERS OF RESIDENTS.-- 17 Qualified immigrants who are the unmarried sons or 18 unmarried daughters of aliens admitted for perma- 19 nent residence shall be allocated visas in a number 20 not to exceed 40 percent of the worldwide level au- 21 thorized in section 201(c), plus any visas not re- 22 quired for the class specified in paragraph (1)(A).''. 23 (2) CONFORMING AMENDMENTS.-- EAS13500 S.L.C. 298 1 (A) PROCEDURE FOR 2 GRANT STATUS.--Section 3 GRANTING IMMI- 204 (8 U.S.C. 1154) is amended-- 4 (i) in subsection (a)(1)(A)(i), by strik- 5 ing ''(1), (3), or (4) of section 203(a)'' and 6 inserting ''subparagraph (A) or (B) of sec- 7 tion 203(a)(1)''; and 8 (ii) in subsection (f)(1), by striking 9 ''section 201(b), 203(a)(1), or 203(a)(3),'' 10 and inserting ''section 201(b) or subpara- 11 graph (A) or (B) of section 203(a)(1)''. 12 (B) AUTOMATIC CONVERSION.--For the 13 purposes of any petition pending or approved 14 based on a relationship described-- 15 (i) in subparagraph (A) of section 16 203(a)(1) of the Immigration and Nation- 17 ality Act (8 U.S.C. 1153(a)(1)), as amend- 18 ed by paragraph (1), and notwithstanding 19 the age of the alien, such a petition shall 20 be deemed reclassified as a petition based 21 on a relationship described in subpara- 22 graph (B) of such section 203(a)(1) upon 23 the marriage of such alien; or 24 (ii) in subparagraph (B) of such sec- 25 tion 203(a)(1), such a petition shall be EAS13500 S.L.C. 299 1 deemed reclassified as a petition based on 2 a relationship described in subparagraph 3 (A) of such section 203(a)(1) upon the 4 legal termination of marriage or death of 5 such alien's spouse. (3) EFFECTIVE 6 DATE.--The amendments made 7 by this subsection shall take effect on the first day 8 of the first fiscal year that begins at least 18 months 9 following the date of the enactment of this Act. 10 11 (b) PREFERENCE ALLOCATION BASED IMMIGRANTS.--Section FOR EMPLOYMENT- 201(b)(1) (8 U.S.C. 12 1151(b)(1)) is amended by adding at the end the fol13 lowing: 14 ''(F) Derivative beneficiaries as described 15 in section 203(d) of employment-based immi- 16 grants under section 203(b). 17 ''(G) Aliens with extraordinary ability in 18 the sciences, arts, education, business, or ath- 19 letics which has been demonstrated by sus- 20 tained national or international acclaim, if, with 21 respect to any such alien-- 22 ''(i) the achievements of such alien 23 have been recognized in the field through 24 extensive documentation; EAS13500 S.L.C. 300 1 ''(ii) such alien seeks to enter the 2 United States to continue work in the area 3 of extraordinary ability; and 4 ''(iii) the entry of such alien into the 5 United States will substantially benefit 6 prospectively the United States. 7 ''(H) Aliens who are outstanding profes- 8 sors and researchers if, with respect to any 9 such alien-- 10 ''(i) the alien is recognized inter- 11 nationally as outstanding in a specific aca- 12 demic area; 13 ''(ii) the alien has at least 3 years of 14 experience in teaching or research in the 15 academic area; and 16 17 ''(iii) the alien seeks to enter the United States-- 18 ''(I) to be employed in for a 19 tenured position (or tenure-track posi- 20 tion) within a not for profit university 21 or institution of higher education to 22 teach in the academic area; 23 ''(II) for employment in a com- 24 parable position with a not for profit 25 university or institution of higher edu- EAS13500 S.L.C. 301 1 cation , or a governmental research 2 organization, to conduct research in 3 the area; or 4 ''(III) for employment in a com- 5 parable position to conduct research 6 in the area with a department, divi- 7 sion, or institute of a private em- 8 ployer, if the department, division, or 9 institute employs at least 3 persons 10 full-time in research activities and has 11 achieved documented accomplishments 12 in an academic field. 13 ''(I) Aliens who are multinational execu- 14 tives and managers if, with respect to any such 15 alien-- 16 ''(i) in the 3 years preceding the time 17 of the alien's application for classification 18 and admission into the United States 19 under this subparagraph, the alien has 20 been employed for at least 1 year by a firm 21 or corporation or other legal entity or an 22 affiliate or subsidiary thereof; and 23 ''(ii) the alien seeks to enter the 24 United States in order to continue to 25 render services to the same employer or to EAS13500 S.L.C. 302 1 a subsidiary or affiliate thereof in a capac- 2 ity that is managerial or executive. 3 ''(J) Aliens who have earned a doctorate 4 degree. 5 ''(K) Alien physicians who have completed 6 the foreign residency requirements under sec- 7 tion 212(e) or obtained a waiver of these re- 8 quirements or an exemption requested by an in- 9 terested State agency or by an interested Fed- 10 eral agency under section 214(l), including 11 those alien physicians who completed such serv- 12 ice before the date of the enactment of the Bor- 13 der Security, Economic Opportunity, and Immi- 14 gration Modernization Act.''. 15 16 (c) TECHNICAL AND CONFORMING AMENDMENTS.-- (1) PROCEDURE FOR GRANTING 17 STATUS.--Section 18 1154(a)(1)(E)) is amended by striking ''under sec- 19 tion 203(b)(1)(A)'' and inserting ''under subpara- 20 graph (G), (H), (I), (J) or (K) of section 201(b)(1), 21 or section''. 22 204(a)(1)(E) IMMIGRANT (2) TREATMENT (8 U.S.C. OF DERIVATIVE FAMILY MEM- 23 BERS.--Section 203(d) (8 U.S.C. 1153(d)) is 24 amended to read as follows: EAS13500 S.L.C. 303 1 ''(d) TREATMENT OF FAMILY MEMBERS.--If accom- 2 panying or following to join a spouse or parent issued a 3 visa under subsection (a), (b), or (c), subparagraph (G), 4 (H), (I), (j), or (K) of section 201(b)(1), or section 5 201(b)(2), a spouse or child as defined in subparagraph 6 (A), (B), (C), (D), or (E) of section 101(b)(1) shall be 7 entitled to the same immigrant status and the same order 8 of consideration provided in the respective subsection.''. 9 (3) ALIENS WHO ARE PRIORITY WORKERS OR 10 MEMBERS 11 VANCED 12 AD- 1153(b)) is amended-- OF THE PROFESSIONS DEGREES.--Section HOLDING 203(b) (8 U.S.C. 13 (A) in the matter preceding paragraph (1), 14 by striking ''Aliens'' and inserting ''Other than 15 aliens described in paragraph (1) or (2)(B), 16 aliens''; 17 (B) in paragraph (1) by striking the mat- 18 ter preceding subparagraph (A) and inserting 19 ''Aliens described in any of the following sub- 20 paragraphs be admitted to the United States 21 without respect to the worldwide level specified 22 in section 201(d)''; and 23 (C) by amending (2) to read as follows: EAS13500 S.L.C. 304 1 ''(2) ALIENS WHO ARE MEMBERS OF THE PRO- 2 FESSIONS HOLDING ADVANCED DEGREES OR AD- 3 VANCED DEGREES IN A STEM FIELD.-- 4 ''(A) PROFESSIONS HOLDING ADVANCED 5 DEGREES.--Visas 6 number not to exceed 40 percent of the world- 7 wide level authorized in section 201(d), plus 8 any visas not required for the classes specified 9 in paragraph (5), to qualified immigrants who 10 are members of the professions holding ad- 11 vanced degrees or their equivalent whose serv- 12 ices in the sciences, arts, professions, or busi- 13 ness are sought by an employer in the United 14 States, including alien physicians holding for- 15 eign medical degrees that have been deemed 16 sufficient for acceptance by an accredited 17 United States medical residency or fellowship 18 program. 19 20 21 shall be made available, in a ''(B) ADVANCED DEGREES IN A STEM FIELD.-- ''(i) IN GENERAL.--A qualified immi- 22 grant shall be admitted to the United 23 States without respect to the worldwide 24 level specified in section 201(d) if such im- 25 migrant-- EAS13500 S.L.C. 305 1 ''(I) has earned a graduate de- 2 gree at the level of master's or higher 3 in a field of science, technology, engi- 4 neering, or mathematics from an ac- 5 credited United States institution of 6 higher education 7 ''(II) has an offer of employment 8 from a United States employer in a 9 field related to such degree; and 10 ''(III) earned the qualifying grad- 11 uate degree within the 5 years imme- 12 diately prior to the initial filing date 13 of the petition under which the non- 14 immigrant is a beneficiary. 15 ''(ii) UNITED STATES DOCTORAL INEDUCATION.--In 16 STITUTION 17 this subparagraph, the term 'United States 18 doctoral institution of higher education' 19 means an institution that-- 20 OF ''(I) HIGHER is described in section 21 101(a) of the Higher Education Act 22 of 1965 (20 U.S.C. 1001(a)) or is a 23 proprietary institution of higher edu- 24 cation (as defined in section 102(b) of 25 such Act (20 U.S.C. 1002(b))); EAS13500 S.L.C. 306 1 ''(II) was classified by the Car- 2 negie Foundation for the Advance- 3 ment of Teaching on January 1, 4 2012, as a doctorate-granting univer- 5 sity with a very high or high level of 6 research activity or classified by the 7 National Science Foundation after the 8 date of enactment of this paragraph, 9 pursuant to an application by the in- 10 stitution, as having equivalent re- 11 search activity to those institutions 12 that had been classified by the Car- 13 negie Foundation as being doctorate- 14 granting universities with a very high 15 or high level of research activity; and 16 ''(III) is accredited by an accred- 17 iting body that is itself accredited ei- 18 ther by the Department of Education 19 or by the Council for Higher Edu- 20 cation Accreditation. 21 22 ''(C) WAIVER OF JOB OFFER.-- ''(i) NATIONAL INTEREST WAIVER.-- 23 Subject to clause (ii), the Secretary of 24 Homeland Security may, if the Secretary 25 deems it to be in the national interest, EAS13500 S.L.C. 307 1 waive the requirements of subparagraph 2 (A) that an alien's services in the sciences, 3 arts, professions, or business be sought by 4 an employer in the United States. 5 6 7 ''(ii) PHYSICIANS WORKING IN SHORT- AGE AREAS OR VETERANS FACILITIES.-- ''(I) IN GENERAL.--The Sec- 8 retary shall grant a national interest 9 waiver pursuant to clause (i) on be- 10 half of any alien physician with re- 11 spect to whom a petition for pref- 12 erence classification has been filed 13 under subparagraph (A) if-- 14 ''(aa) the alien physician 15 agrees to work full time as a phy- 16 sician practicing primary care, 17 specialty medicine, or a combina- 18 tion thereof, in an area or areas 19 designated by the Secretary of 20 Health and Human Services as 21 having a shortage of health care 22 professionals or at a health care 23 facility under the jurisdiction of 24 the Secretary of Veterans Affairs; 25 or EAS13500 S.L.C. 308 1 ''(bb) the alien physician is 2 pursuing such waiver based upon 3 service at a facility or facilities 4 that serve patients who reside in 5 a geographic area or areas des- 6 ignated 7 Health and Human Services as 8 having a shortage of health care 9 professionals (without regard to 10 whether such facility or facilities 11 are located within such an area) 12 and a Federal agency or a local, 13 county, regional, or State depart- 14 ment of public health determines 15 that the alien physician's work at 16 such facility was or will be in the 17 public interest. 18 ''(II) PROHIBITION.-- by the Secretary of 19 ''(aa) No permanent resi- 20 dent visa may be issued to an 21 alien physician described in sub- 22 clause (I) by the Secretary of 23 State under section 204(b), and 24 the Secretary of Homeland Secu- 25 rity may not adjust the status of EAS13500 S.L.C. 309 1 such an alien physician from that 2 of a nonimmigrant alien to that 3 of a permanent resident alien 4 under section 245, until such 5 time as the alien has worked full 6 time as a physician for an aggre- 7 gate of 5 years (not including the 8 time served in the status of an 9 alien described in section 10 101(a)(15)(J)), in an area or 11 areas designated by the Secretary 12 of Health and Human Services 13 as having a shortage of health 14 care professionals or at a health 15 care facility under the jurisdic- 16 tion of the Secretary of Veterans 17 Affairs; or at a facility or facili- 18 ties meeting the requirements of 19 subclause (I)(bb). 20 ''(bb) The 5-year service re- 21 quirement of item (aa) shall be 22 counted from the date the alien 23 physician begins work in the 24 shortage area in any legal status 25 and not the date an immigrant EAS13500 S.L.C. 310 1 visa petition is filed or approved. 2 Such service shall be aggregated 3 without regard to when such 4 service began and without regard 5 to whether such service began 6 during or in conjunction with a 7 course of graduate medical edu- 8 cation. 9 ''(cc) An alien physician 10 shall not be required to submit 11 an employment contract with a 12 term exceeding the balance of the 13 5-year commitment yet to be 14 served, nor an employment con- 15 tract dated within a minimum 16 time period prior to filing of a 17 visa petition pursuant to this 18 subsection. 19 ''(dd) An alien physician 20 shall not be required to file addi- 21 tional immigrant visa petitions 22 upon a change of work location 23 from the location approved in the 24 original national interest immi- 25 grant petition. EAS13500 S.L.C. 311 1 ''(III) 2 TION.--Nothing 3 may be construed to prevent the filing 4 of a petition with the Secretary of 5 Homeland Security for classification 6 under section 204(a), by an alien phy- 7 sician described in subclause (I) prior 8 to the date by which such alien physi- 9 cian has completed the service de- 10 scribed in subclause (II) or in section 11 214(l).''. 12 (4) EXCEPTION STATUTORY CONSTRUC- in this subparagraph FROM LABOR CERTIFICATION IMMIGRANTS.--Section 13 REQUIREMENT 14 212(a)(5)(D) (8 U.S.C. 1182(a)(5)(D)) is amended 15 to read as follows: 16 17 FOR STEM ''(D) APPLICATION ''(i) IN OF GROUNDS.-- GENERAL.--Except as pro- 18 vided in clause (ii), the grounds for inad- 19 missibility of aliens under subparagraphs 20 (A) and (B) shall apply to immigrants 21 seeking admission or adjustment of status 22 under paragraph (2) or (3) of section 23 203(b). 24 25 ''(ii) SPECIAL GRANTS.--The RULE FOR STEM IMMI- grounds for inadmissibility EAS13500 S.L.C. 312 1 of aliens under subparagraph (A) shall not 2 apply to an immigrant seeking admission 3 or adjustment of status under paragraph 4 (2)(A)(ii) of section 203(b).''. 5 6 7 (5) SKILLED WORKERS, PROFESSIONALS, AND OTHER WORKERS.-- (A) IN GENERAL.--Section 203(b)(3)(A) 8 (8 U.S.C. 1153(b)(3)(A)) is amended by strik- 9 ing ''in a number not to exceed 28.6 percent of 10 such worldwide level, plus any visas not re- 11 quired for the classes specified in paragraphs 12 (1) and (2),'' and inserting '' in a number not 13 to exceed 40 percent of the worldwide level au- 14 thorized in section 201(d), plus any visas not 15 required for the class specified in paragraph 16 (2),''. 17 (B) MEDICAL LICENSE REQUIREMENTS.-- 18 Section 214(i)(2)(A) (8 U.S.C. 1184(i)(2)(A)) 19 is amended by adding at the end ''including in 20 the case of a medical doctor, the licensure re- 21 quired to practice medicine in the United 22 States,''. 23 (C) REPEAL OF LIMITATION ON OTHER 24 WORKERS.--Section 203(b)(3) 25 1153(b)(3)) is amended-- (8 U.S.C. EAS13500 S.L.C. 313 1 (i) by striking subparagraph (B); and 2 (ii) redesignated subparagraph (C) as subparagraph (B). 3 4 (6) CERTAIN SPECIAL IMMIGRANTS.--Section 5 203(b)(4) (8 U.S.C. 1153(b)(4)) is amended by 6 striking ''in a number not to exceed 7.1 percent of 7 such worldwide level,'' and inserting ''in a number 8 not to exceed 10 percent of the worldwide level au- 9 thorized in section 201(d), plus any visas not re- 10 11 quired for the class specified in paragraph (3),''. (7) EMPLOYMENT CREATION.--Section 12 203(b)(5)(A) (8 U.S.C. 1153(b)(5)(A)) is amended 13 by striking ''in a number not to exceed 7.1 percent 14 of such worldwide level,'' and inserting '' in a num- 15 ber not to exceed 10 percent of the worldwide level 16 authorized in section 201(d), plus any visas not re- 17 quired for the class specified in paragraph (4),''. 18 19 SEC. 2308. V NONIMMIGRANT VISAS. (a) NONIMMIGRANT ELIGIBILITY.--Subparagraph 20 (V) of section 101(a)(15) (8 U.S.C. 1101(a)(15)) is 21 amended to read as follows: 22 ''(V)(i) subject to section 214(q)(1) and 23 section 212(a)(4), an alien who is the bene- 24 ficiary of an approved petition under section 25 203(a) as-- EAS13500 S.L.C. 314 1 ''(I) the unmarried son or unmarried 2 daughter of a citizen of the United States; 3 ''(II) the unmarried son or unmarried 4 daughter of an alien lawfully admitted for 5 permanent residence; or 6 ''(III) the married son or married 7 daughter of a citizen of the United States 8 and who is under 31 years of age; or 9 ''(ii) subject to section 214(q)(2), an alien 10 who is-- ''(I) the sibling of a citizen of the 11 12 United States; or 13 ''(II) the married son or married 14 daughter of a citizen of the United States 15 and who is over 31 years of age.''. 16 (b) EMPLOYMENT 17 NONIMMIGRANTS AND PERIOD DESCRIBED OF ADMISSION OF SECTION IN 18 101(A)(15)(V).--Section 214(q) (8 U.S.C. 1184(q)) is 19 amended to read as follows: 20 ''(q) NONIMMIGRANTS DESCRIBED IN SECTION 21 101(A)(15)(V).-- 22 23 24 ''(1) CERTAIN SONS AND DAUGHTERS.-- ''(A) EMPLOYMENT Secretary shall-- AUTHORIZATION.--The EAS13500 S.L.C. 315 1 ''(i) authorize a nonimmigrant admit- 2 ted pursuant to section 101(a)(15)(V)(i) to 3 engage in employment in the United States 4 during the period of such nonimmigrant's 5 authorized admission; and 6 ''(ii) provide such a nonimmigrant 7 with an 'employment authorized' endorse- 8 ment or other appropriate document signi- 9 fying authorization of employment. 10 ''(B) TERMINATION OF ADMISSION.--The 11 period of authorized admission for such a non- 12 immigrant shall terminate 30 days after the 13 date on which-- 14 ''(i) such nonimmigrant's application 15 for an immigrant visa pursuant to the ap- 16 proval of a petition under subsection (a) or 17 (c) of section 203 is denied; or 18 ''(ii) such nonimmigrant's application 19 for adjustment of status under section 245 20 pursuant to the approval of such a petition 21 is denied. 22 ''(2) SIBLINGS 23 24 25 AND SONS AND DAUGHTERS OF CITIZENS.-- ''(A) EMPLOYMENT AUTHORIZATION.--The Secretary may not authorize a nonimmigrant EAS13500 S.L.C. 316 1 admitted pursuant to section 101(a)(15)(V)(ii) 2 to engage in employment in the United States. 3 ''(B) PERIOD OF ADMISSION.--The period 4 of authorized admission as such a non- 5 immigrant may not exceed 60 days per fiscal 6 year. 7 ''(C) TREATMENT 8 SION.--An 9 101(a)(15)(V) may not received an allocation of 10 points pursuant to section 211 of this Act 11 which is section 201(e) as amended for resi- 12 dence in the United States while admitted as 13 such a nonimmigrant.''. 14 alien OF PERIOD OF ADMIS- admitted under section (c) PUBLIC BENEFITS.--A noncitizen who is lawfully 15 present in the United States pursuant to section 16 101(a)(15)(V) of the Immigration and Nationality Act (8 17 U.S.C. 1101(a)(15)(V)) is not eligible for any means-test18 ed public benefits (as such term is defined in section 403 19 of the Personal Responsibility and Work Opportunity Rec20 onciliation Act of 1996 (8 U.S.C. 1613)). A noncitizen ad21 mitted under this section is-- 22 (1) not entitled to the premium assistance tax 23 credit authorized under section 36B of the Internal 24 Revenue Code of 1986; EAS13500 S.L.C. 317 1 (2) shall be subject to the rules applicable to in- 2 dividuals not lawfully present that are set forth in 3 subsection (e) of such section; and 4 (3) shall be subject to the rules applicable to in- 5 dividuals not lawfully present that are set forth in 6 section 1402(e) of the Patient Protection and Af- 7 fordable Care Act (42 U.S.C. 18071). 8 (d) EFFECTIVE DATE.--The amendments made by 9 this section shall take effect on the first day of the first 10 fiscal year beginning after the date of the enactment of 11 this Act. 12 13 14 ? ? SEC. 2309. FIANCEE AND FIANCE CHILD STATUS PROTECTION. (a) DEFINITION.--Section 101(a)(15)(K) (8 U.S.C. 15 1101(a)(15)(K)(i) is amended-- 16 (1) in clause (i), by inserting ''or of an alien 17 lawfully admitted for permanent residence'' after 18 ''204(a)(1)(A)(viii)(I))''; 19 (2) in clause (ii), by inserting ''or of an alien 20 lawfully admitted for permanent residence'' after 21 ''204(a)(1)(A)(viii)(I))''; and 22 (3) in clause (iii), by striking the semicolon and 23 inserting '', provided that a determination of the age 24 of such child is made using the age of the alien on 25 ? ? the date on which the fiance, fiancee, or immigrant EAS13500 S.L.C. 318 1 visa petition is filed with the Secretary of Homeland 2 ? Security to classify the alien's parent as the fiancee 3 ? or fiance of a United States citizen or of an alien 4 lawfully admitted for permanent residence (in the 5 case of an alien parent described in clause (i)) or as 6 the spouse of a citizen of the United States or of an 7 alien lawfully admitted to permanent residence 8 under section 201(b)(2)(A)(i) (in the case of an 9 alien parent described in clause (ii));''. 10 (b) ADJUSTMENT OF STATUS AUTHORIZED.--Section 11 214(d) (8 U.S.C. 1184(d)) is amended-- 12 13 14 15 16 (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (2) in paragraph (1), by striking ''In the event'' and all that follows through the end; and (3) by inserting after paragraph (1) the fol- 17 lowing: 18 ''(2)(A) If an alien does not marry the petitioner 19 under paragraph (1) within 3 months after the alien and 20 the alien's children are admitted into the United States, 21 the visa previously issued under the provisions of section 22 1101(a)(15)(K)(i) shall automatically expire and such 23 alien and children shall be required to depart from the 24 United States. If such aliens fail to depart from the EAS13500 S.L.C. 319 1 United States, they shall be placed in proceedings in ac2 cordance with sections 240 and 241. 3 4 alien ''(B) Subject to subparagraphs (C) and (D), if an marries the petitioner described in section 5 101(a)(15)(K)(i) within 90 days after the alien is admit6 ted into the United States, the Secretary or the Attorney 7 General, subject to the provisions of section 245(d), may 8 adjust the status of the alien, and any children accom9 panying or following to join the alien, to that of an alien 10 lawfully admitted for permanent residence on a conditional 11 basis under section 216 if the alien and any such children 12 apply for such adjustment and are not determined to be 13 inadmissible to the United States. If the alien does not 14 apply for such adjustment within 6 months after the mar15 riage, the visa issued under the provisions of section 16 1101(a)(15)(K) shall automatically expire. 17 ''(C) Paragraphs (5) and (7)(A) of section 212(a) 18 shall not apply to an alien who is eligible to apply for ad19 justment of the alien's status to an alien lawfully admitted 20 for permanent residence under this section. 21 ''(D) An alien eligible for a waiver of inadmissibility 22 as otherwise authorized under this Act or the Border Se23 curity, Economic Opportunity, and Immigration Mod24 ernization Act shall be permitted to apply for adjustment EAS13500 S.L.C. 320 1 of the alien's status to that of an alien lawfully admitted 2 for permanent residence under this section.''. 3 (c) AGE DETERMINATION.--Section 245(d) (8 U.S.C. 4 1255(d)) is amended-- 5 (1) by inserting ''(1)'' before ''The Attorney 6 General'' by striking ''The Attorney General'' and 7 inserting ''(1) The Secretary of Homeland Security''; 8 (2) in paragraph (1), as designated under para- 9 graph (1) of this subsection, by striking ''Attorney 10 General'' and inserting ''Secretary''; and (3) by adding at the end the following: 11 12 ''(2) A determination of the age of an alien admitted 13 to the United States under section 101(a)(15)(K)(iii) shall 14 be made, for purposes of adjustment to the status of an 15 alien lawfully admitted for permanent residence on a con16 ditional basis under section 216, using the age of the alien ? ? 17 on the date on which the fiance, fiancee, or immigrant visa 18 petition was filed with the Secretary of Homeland Security ? ? 19 to classify the alien's parent as the fiancee or fiance of 20 a United States citizen or of an alien lawfully admitted 21 to permanent residence (in the case of an alien parent ad22 mitted to the United States under section 23 101(a)(15)(K)(i)) or as the spouse of a United States cit24 izen or of an alien lawfully admitted to permanent resi25 dence under section 201(b)(2)(A)(i) (in the case of an EAS13500 S.L.C. 321 1 alien parent admitted to the United States under section 2 101(a)(15)(K)(ii)).''. 3 (d) APPLICABILITY.--The amendments made by this 4 section shall apply to all petitions or applications described 5 in such amendments that are pending as of the date of 6 the enactment of the Border Security, Economic Oppor7 tunity, and Immigration Modernization Act. 8 (e) TECHNICAL CONFORMING AMENDMENTS.-- AND 9 (1) DEFINITIONS.--Section 101(a)(15)(K) (8 10 U.S.C. 1101(a)(15)(K)), as amended by subsection 11 (a), if further amended-- 12 (A) in clause (ii), by striking ''section 13 201(b)(2)(A)(i)'' 14 201(b)(2)''; and 15 and inserting ''section (B) in clause (iii), by striking ''section 16 201(b)(2)(A)(i)'' 17 201(b)(2)''. 18 (2) AGE and inserting ''section DETERMINATION.--Section paragraph 19 (2) of section 245(d) (8 U.S.C. 1255(d)), as add by 20 subsection (c), is further amended by striking sec- 21 tion ''201(b)(2)(A)(i)'' and inserting ''201(b)(2)''. 22 (3) EFFECTIVE DATE.--The amendments made 23 by this subsection shall take effect on the first day 24 of the first fiscal year beginning no earlier than 1 25 year after the date of the enactment of this Act. EAS13500 S.L.C. 322 1 2 SEC. 2310. EQUAL TREATMENT FOR ALL STEPCHILDREN. Section 101(b)(1)(B) (8 U.S.C. 1101(b)(1)(B)) is 3 amended by striking ''eighteen years'' and inserting ''21 4 years''. 5 6 7 SEC. 2311. INTERNATIONAL ADOPTION HARMONIZATION. (a) MODIFICATION MENTS.--Section OF ADOPTION AGE REQUIRE- 101(b)(1) (8 U.S.C. 1101(b)(1)) is 8 amended-- 9 10 11 12 13 14 15 16 17 18 19 20 21 (1) in subparagraph (E)-- (A) by striking ''(E)(i)'' and inserting ''(E)''; (B) by striking ''sixteen'' and inserting ''18''; (C) by striking ''; or'' and inserting a semicolon; and (D) by striking clause (ii); (2) in subparagraph (F)-- (A) by striking ''(F)(i)'' and inserting ''(F)''; (B) by striking ''sixteen'' and inserting ''18''; 22 (C) by striking ''Attorney General'' and in- 23 serting ''Secretary of Homeland Security''; and 24 25 26 (D) by striking clause (ii); and (3) in subparagraph (G), by striking ''16'' and inserting ''18''. EAS13500 S.L.C. 323 1 (b) HARMONIZING ADOPTIONS BETWEEN HAGUE 2 CONVENTION 3 NON-HAGUE-CONVENTION COUN- 212(a)(1)(C)(ii) U.S.C. AND TRIES.--Section (8 4 1182(a)(1)(C)(ii)) is amended by striking ''section 5 101(b)(1)(F),'' and inserting ''subparagraph (F) or (G) 6 of section 101(b)(1),''. 7 SEC. 2312. RELIEF FOR ORPHANS, WIDOWS, AND WID- 8 9 10 OWERS. (a) IN GENERAL.-- (1) SPECIAL RULE FOR ORPHANS AND 11 SPOUSES.--In 12 tion 201(b)(2)(A) of the Immigration and Nation- 13 ality Act, as added by section 102(a) of this Act, to 14 an alien whose citizen or lawful permanent resident 15 relative died before the date of the enactment of this 16 Act, the alien relative may file the classification peti- 17 tion under section 204(a)(1)(A)(ii) of such Act, as 18 amended by section 102(c)(4)(A)(i)(II) of this Act, 19 not later than 2 years after the date of the enact- 20 ment of this Act. 21 applying clauses (iii) and (iv) of sec- (2) ELIGIBILITY FOR PAROLE.--If an alien was 22 excluded, deported, removed, or departed voluntarily 23 before the date of the enactment of this Act based 24 solely upon the alien's lack of classification as an 25 immediate relative (as defined in section EAS13500 S.L.C. 324 1 201(b)(2)(A)(iv) of the Immigration and Nationality 2 Act, as amended by section 102(a) of this Act) due 3 to the death of such citizen or resident-- 4 (A) such alien shall be eligible for parole 5 into the United States pursuant to the Sec- 6 retary's discretionary authority under section 7 212(d)(5) of such Act (8 U.S.C. 1182(d)(5)); 8 and 9 (B) such alien's application for adjustment 10 of status shall be considered notwithstanding 11 section 212(a)(9) of such Act (8 U.S.C. 12 1182(a)(9)). 13 (3) ELIGIBILITY FOR PAROLE.--If an alien de- 14 scribed in section 204(l) of the Immigration and Na- 15 tionality Act (8 U.S.C. 1154(l)), was excluded, de- 16 ported, removed, or departed voluntarily before the 17 date of the enactment of this Act-- 18 (A) such alien shall be eligible for parole 19 into the United States pursuant to the Sec- 20 retary's discretionary authority under section 21 212(d)(5) of such Act (8 U.S.C. 1182(d)(5)); 22 and 23 (B) such alien's application for adjustment 24 of status shall be considered notwithstanding EAS13500 S.L.C. 325 1 section 212(a)(9) of such Act (8 U.S.C. 2 1182(a)(9)). (b) PROCESSING 3 4 5 6 TIVE OF IMMIGRANT VISAS AND DERIVA- PETITIONS.-- (1) IN GENERAL.--Section 204(b) (8 U.S.C. 1154(b)) is amended-- 7 (A) by striking ''After an investigation'' 8 and inserting ''(1) After an investigation''; and 9 (B) by adding at the end the following: 10 ''(2)(A) Any alien described in subparagraph (B) 11 whose qualifying relative died before the completion of im12 migrant visa processing may have an immigrant visa ap13 plication adjudicated as if such death had not occurred. 14 An immigrant visa issued before the death of the quali15 fying relative shall remain valid after such death. 16 ''(B) An alien described in this subparagraph is an 17 alien who-- 18 19 20 21 ''(i) is an immediate relative (as described in section 201(b)(2)(A)); ''(ii) is a family-sponsored immigrant (as described in subsection (a) or (d) of section 203); 22 ''(iii) is a derivative beneficiary of an employ- 23 ment-based immigrant under section 203(b) (as de- 24 scribed in section 203(d)); or EAS13500 S.L.C. 326 1 ''(iv) is the spouse or child of a refugee (as de- 2 scribed in section 207(c)(2)) or an asylee (as de- 3 scribed in section 208(b)(3)).''. 4 (2) TRANSITION 5 (A) IN PERIOD.-- GENERAL.--Notwithstanding a de- 6 nial or revocation of an application for an immi- 7 grant visa for an alien whose qualifying relative 8 died before the date of the enactment of this 9 Act, such application may be renewed by the 10 alien through a motion to reopen, without fee. (B) 11 INAPPLICABILITY OF BARS TO 12 ENTRY.--Notwithstanding 13 the Immigration and Nationality Act (8 U.S.C. 14 1182(a)(9)), an alien's application for an immi- 15 grant visa shall be considered if the alien was 16 excluded, deported, removed, or departed volun- 17 tarily before the date of the enactment of this 18 Act. 19 section 212(a)(9) of (c) NATURALIZATION.--Section 319(a) (8 U.S.C. 20 1430(a)) is amended by striking ''States,'' and inserting 21 ''States (or if the spouse is deceased, the spouse was a 22 citizen of the United States),''. 23 (d) WAIVERS OF INADMISSIBILITY.--Section 212 (8 24 U.S.C. 1182) is amended by adding at the end the fol25 lowing: EAS13500 S.L.C. 327 ''(v) CONTINUED WAIVER ELIGIBILITY FOR WIDOWS, 1 2 WIDOWERS, AND ORPHANS.--In the case of an alien who 3 would have been statutorily eligible for any waiver of inad4 missibility under this Act but for the death of a qualifying 5 relative, the eligibility of such alien shall be preserved as 6 if the death had not occurred and the death of the quali7 fying relative shall be the functional equivalent of hardship 8 for purposes of any waiver of inadmissibility which re9 quires a showing of hardship.''. (e) SURVIVING RELATIVE CONSIDERATION 10 11 TAIN PETITIONS AND FOR CER- APPLICATIONS.--Section 204(l)(1) 12 (8 U.S.C. 1154(l)(1)) is amended-- 13 (1) by striking ''who resided in the United 14 States at the time of the death of the qualifying rel- 15 ative and who continues to reside in the United 16 States''; and 17 (2) by striking ''related applications,'' and in- 18 serting ''related applications (including affidavits of 19 support),''. 20 (f) IMMEDIATE RELATIVES.--Section 201(b)(2)(A)(i) 21 (8 U.S.C. 1151(b)(2)(A)(i)) is amended by striking ''with22 in 2 years after such date''. 23 (g) FAMILY-SPONSORED IMMIGRANTS.--Section 24 212(a)(4)(C)(i) (8 U.S.C. 1182(a)(4)(C)(i)) is amended-- EAS13500 S.L.C. 328 1 2 3 4 5 (1) in subclause (I), by striking '', or'' and inserting a semicolon; (2) in subclause (II), by striking ''or'' at the end; and (3) by adding at the end the following: ''(IV) the status as a surviving 6 7 8 9 relative under 204(l); or''. SEC. 2313. DISCRETIONARY AUTHORITY WITH RESPECT TO REMOVAL, DEPORTATION OR INADMIS- 10 SIBILITY OF CITIZEN AND RESIDENT IMME- 11 DIATE FAMILY MEMBERS. 12 (a) APPLICATIONS FOR RELIEF FROM REMOVAL.-- 13 Section 240(c)(4) (8 U.S.C. 1229a(c)(4)) is amended by 14 adding at the end the following: 15 ''(D) JUDICIAL DISCRETION.--In the case 16 of an alien subject to removal, deportation, or 17 exclusion, the immigration judge may exercise 18 discretion to decline to order the alien removed, 19 deported or excluded from the United States 20 and terminate proceedings if the judge deter- 21 mines that such removal, deportation, or exclu- 22 sion is against the public interest or would re- 23 sult in hardship to the alien's United States cit- 24 izen or permanent resident parent of a child, 25 spouse, or child, or the judge determines the EAS13500 S.L.C. 329 1 alien is prima facie eligible for naturalization 2 except that this subparagraph shall not apply to 3 an alien whom the judge determines-- 4 5 ''(i) is described in-- ''(I) subparagraph (B), (C), 6 (D)(ii), (E), (H), (I), or (J) of section 7 212(a)(2); 8 ''(II) section 212(a)(3); 9 ''(III) subparagraph (A), (C), or 10 11 (D) of section 212(a)(10); or ''(IV) paragraph (2)(A)(ii), 12 (2)(A)(v), (2)(F), (4), or (6) of sec- 13 tion 237(a); or 14 ''(ii) has-- 15 ''(I) engaged in conduct de- 16 scribed in paragraph (8) or (9) of sec- 17 tion 103 of the Trafficking Victims 18 Protection Act of 2000 (22 U.S.C. 19 7102); or 20 ''(II) a felony conviction de- 21 scribed in section 101(a)(43) that 22 would have been classified as an ag- 23 gravated felony at the time of convic- 24 tion.''. EAS13500 S.L.C. 330 1 (b) SECRETARY'S DISCRETION.--Section 212 (8 2 U.S.C. 1182), as amended by section 2312(d), is further 3 amended by adding at the end the following: 4 ''(w) SECRETARY'S DISCRETION.--In the case of an 5 alien inadmissible under this section, the Secretary of 6 Homeland Security may exercise discretion to waive a 7 ground of inadmissibility if the Secretary determines that 8 such refusal of admission is against the public interest or 9 would result in hardship to the alien's United States cit10 izen or permanent resident parent, spouse, or child except 11 that this subparagraph shall not apply to an alien whom 12 the Secretary determines-- 13 14 15 ''(1) is described in-- ''(A) subparagraph (B), (C), (D)(ii), (E), (H), (I), of subsection (a)(2); 16 ''(B) subsection (a)(3); 17 ''(C) subparagraph (A), (C), or (D) of sub- 18 section (a)(10); 19 ''(D) 20 21 22 paragraphs (2)(A)(ii), (2)(A)(v), (2)(F), or (6) of section 237(a); or ''(E) section 240(c)(4)(D)(ii)(II); or ''(2) has-- 23 ''(A) engaged in conduct described in para- 24 graph (8) or (9) of section 103 of the Traf- EAS13500 S.L.C. 331 1 ficking Victims Protection Act of 2000 (22 2 U.S.C. 7102); or 3 ''(B) a felony conviction described in sec- 4 tion 101(a)(43) that would have been classified 5 as an aggravated felony at the time of convic- 6 tion.''. 7 (c) REINSTATEMENT OF REMOVAL ORDERS.--Sec- 8 tion 241(a)(5) (8 U.S.C. 1231(a)(5)) is amended by strik9 ing the period at the end and inserting '', unless the alien 10 reentered prior to attaining the age of 18 years, or rein11 statement of the prior order of removal would not be in 12 the public interest or would result in hardship to the 13 alien's United States citizen or permanent resident parent, 14 spouse, or child.''. 15 16 SEC. 2314. WAIVERS OF INADMISSIBILITY. (a) ALIENS WHO ENTERED AS CHILDREN.--Section 17 212(a)(9)(B)(iii) (8 U.S.C. 1182(a)(9)(B)(iii)) is amended 18 by adding at the end the following: ''(VI) ALIENS 19 WHO ENTERED AS 20 CHILDREN.--Clause 21 to an alien who is the beneficiary of 22 an 23 101(a)(15)(H) and who has earned a 24 baccalaureate or higher degree from a 25 United States institution of higher approved (i) shall not apply petition under EAS13500 S.L.C. 332 1 education 2 101(a) of the Higher Education Act 3 of 1965 (20 U.S.C. 1001(a)), and had 4 not yet reached the age of 16 years at 5 the time of initial entry to the United 6 States.''. 7 (b) ALIENS (as UNLAWFULLY defined in section PRESENT.--Section 8 212(a)(9)(B)(v) (8 U.S.C. 1181(a)(9)(B)(v) is amended-- 9 10 11 12 (1) by striking ''spouse or son or daughter'' and inserting ''spouse, son, daughter, or parent''; and (2) by striking ''extreme''. (c) PREVIOUS IMMIGRATION VIOLATIONS.--Section 13 212(a)(9)(C)(i) (8 U.S.C. 1182(a)(9)(C)(i)) is amended 14 by adding '', other than an alien described in clause (iii) 15 or (iv) of subparagraph (B),'' after ''Any alien''. 16 17 18 (d) FALSE CLAIMS.-- (1) INADMISSIBILITY.-- (A) IN GENERAL.--Section 212(a)(6)(C) 19 (8 U.S.C. 1182(a)(6)(C)) is amended to read as 20 follows: 21 22 ''(C) MISREPRESENTATION.-- ''(i) IN GENERAL.--Any alien who, by 23 fraud or willfully misrepresenting a mate- 24 rial fact, seeks to procure (or within the 25 last 3 years has sought to procure or has EAS13500 S.L.C. 333 1 procured) a visa, other documentation, or 2 admission into the United States or other 3 benefit provided under this Act is inadmis- 4 sible. 5 6 ''(ii) FALSELY CLAIMING CITIZEN- SHIP.-- 7 ''(I) INADMISSIBILITY.--Subject 8 to subclause (II), any alien who know- 9 ingly misrepresents himself or herself 10 to be a citizen of the United States 11 for any purpose or benefit under this 12 chapter (including section 274A) or 13 any other Federal or State law is in- 14 admissible. 15 ''(II) SPECIAL RULE FOR CHIL- 16 DREN.--An 17 sible under this clause if the misrepre- 18 sentation described in subclause (I) 19 was made by the alien when the 20 alien-- 21 22 alien shall not be inadmis- ''(aa) was under 18 years of age; or 23 ''(bb) otherwise lacked the 24 mental competence to knowingly EAS13500 S.L.C. 334 1 misrepresent a claim of United 2 States citizenship. 3 ''(iii) WAIVER.--The Attorney General 4 or the Secretary of Homeland Security 5 may, in the discretion of the Attorney Gen- 6 eral or the Secretary, waive the application 7 of clause (i) or (ii)(I) for an alien, regard- 8 less whether the alien is within or outside 9 the United States, if the Attorney General 10 or the Secretary find that a determination 11 of inadmissibility to the United States for 12 such alien would-- 13 ''(I) result in extreme hardship to 14 the alien or to the alien's parent, 15 spouse, son, or daughter who is a cit- 16 izen of the United States or an alien 17 lawfully admitted for permanent resi- 18 dence; or 19 ''(II) in the case of a VAWA self- 20 petitioner, result in significant hard- 21 ship to the alien or a parent or child 22 of the alien who is a citizen of the 23 United States, an alien lawfully ad- 24 mitted for permanent residence, or a 25 qualified alien (as defined in section EAS13500 S.L.C. 335 1 431 of the Personal Responsibility 2 and Work Opportunity Reconciliation 3 Act of 1996 (8 U.S.C. 1641(b)). 4 ''(iv) LIMITATION ON REVIEW.--No 5 court shall have jurisdiction to review a de- 6 cision or action of the Attorney General or 7 the Secretary regarding a waiver under 8 clause (iii).''. 9 (B) CONFORMING AMENDMENT.--Section 10 212 (8 U.S.C. 1182) is amended by striking 11 subsection (i). 12 (2) DEPORTABILITY.--Section 237(a)(3)(D) (8 13 U.S.C. 1227(a)(3)(D)) is amended to read as fol- 14 lows: 15 ''(D) FALSELY CLAIMING CITIZENSHIP.-- 16 Any alien described in section 212(a)(6)(C)(ii) 17 is deportable.''. 18 SEC. 2315. CONTINUOUS PRESENCE. 19 Section 240A(d)(1) (8 U.S.C. 1229b(d)(1)) is amend- 20 ed to read as follows: 21 ''(1) TERMINATION OF CONTINUOUS PERIOD.-- 22 For purposes of this section, any period of contin- 23 uous residence or continuous physical presence in 24 the United States shall be deemed to end, except in 25 the case of an alien who applies for cancellation of EAS13500 S.L.C. 336 1 removal under subsection (b)(2), on the date that a 2 notice to appear is filed with the Executive Office 3 for Immigration Review pursuant to section 240.''. 4 5 SEC. 2316. GLOBAL HEALTH CARE COOPERATION. (a) TEMPORARY ABSENCE OF ALIENS PROVIDING 6 HEALTH CARE IN DEVELOPING COUNTRIES.-- 7 (1) IN GENERAL.--Title III (8 U.S.C. 1401 et 8 seq.) is amended by inserting after section 317 the 9 following: 10 ''SEC. 317A. TEMPORARY ABSENCE OF ALIENS PROVIDING 11 12 HEALTH CARE IN DEVELOPING COUNTRIES. ''(a) IN GENERAL.--Notwithstanding any other pro- 13 vision of this Act, the Secretary of Homeland Security 14 shall allow an eligible alien and the spouse or child of such 15 alien to reside in a candidate country during the period 16 that the eligible alien is working as a physician or other 17 health care worker in a candidate country. During such 18 period the eligible alien and such spouse or child shall be 19 considered-- 20 ''(1) to be physically present and residing in the 21 United States for purposes of naturalization under 22 section 316(a); and 23 ''(2) to meet the continuous residency require- 24 ments under section 316(b). 25 ''(b) DEFINITIONS.--In this section: EAS13500 S.L.C. 337 1 ''(1) CANDIDATE COUNTRY.--The term 'can- 2 didate country' means a country that the Secretary 3 of State determines to be-- 4 ''(A) eligible for assistance from the Inter- 5 national Development Association, in which the 6 per capita income of the country is equal to or 7 less than the historical ceiling of the Inter- 8 national Development Association for the appli- 9 cable fiscal year, as defined by the International 10 Bank for Reconstruction and Development; 11 ''(B) classified as a lower middle income 12 country in the then most recent edition of the 13 World Development Report for Reconstruction 14 and Development published by the International 15 Bank for Reconstruction and Development and 16 having an income greater than the historical 17 ceiling for International Development Associa- 18 tion eligibility for the applicable fiscal year; or 19 ''(C) qualified to be a candidate country 20 due to special circumstances, including natural 21 disasters or public health emergencies. 22 ''(2) ELIGIBLE 23 24 25 ALIEN.--The term 'eligible alien' means an alien who-- ''(A) has been lawfully admitted to the United States for permanent residence; and EAS13500 S.L.C. 338 ''(B) is a physician or other healthcare 1 worker. 2 3 ''(c) CONSULTATION.--The Secretary of Homeland 4 Security shall consult with the Secretary of State in car5 rying out this section. 6 ''(d) PUBLICATION.--The Secretary of State shall 7 publish-- 8 ''(1) not later than 180 days after the date of 9 the enactment of the Border Security, Economic Op- 10 portunity, and Immigration Modernization Act, a list 11 of candidate countries; 12 ''(2) an updated version of the list required by 13 paragraph (1) not less often than once each year; 14 and 15 ''(3) an amendment to the list required by 16 paragraph (1) at the time any country qualifies as 17 a candidate country due to special circumstances 18 under subsection (b)(1)(C).''. 19 (2) RULEMAKING.-- 20 (A) REQUIREMENT.--Not later than 180 21 days after the date of the enactment of this 22 Act, the Secretary shall promulgate regulations 23 to carry out the amendments made by this sub- 24 section. EAS13500 S.L.C. 339 1 2 (B) CONTENT.--The regulations promulgated pursuant to subparagraph (A) shall-- 3 (i) permit an eligible alien (as defined 4 in section 317A of the Immigration and 5 Nationality Act, as added by subsection 6 (a)) and the spouse or child of the eligible 7 alien to reside in a foreign country to work 8 as a physician or other healthcare worker 9 as described in subsection (a) of such sec- 10 tion 317A for not less than a 12-month pe- 11 riod and not more than a 24-month period, 12 and shall permit the Secretary to extend 13 such period for an additional period not to 14 exceed 12 months, if the Secretary deter- 15 mines that such country has a continuing 16 need for such a physician or other 17 healthcare worker; 18 (ii) provide for the issuance of docu- 19 ments by the Secretary to such eligible 20 alien, and such spouse or child, if appro- 21 priate, to demonstrate that such eligible 22 alien, and such spouse or child, if appro- 23 priate, is authorized to reside in such 24 country under such section 317A; and EAS13500 S.L.C. 340 1 (iii) provide for an expedited process 2 through which the Secretary shall review 3 applications for such an eligible alien to re- 4 side in a foreign country pursuant to sub- 5 section (a) of such section 317A if the Sec- 6 retary of State determines a country is a 7 candidate country pursuant to subsection 8 (b)(1)(C) of such section 317A. 9 10 11 (3) TECHNICAL AND CONFORMING AMEND- MENTS.-- (A) DEFINITION.--Section 12 101(a)(13)(C)(ii) (8 U.S.C. 1101(a)(13)(C)(ii)) 13 is amended by adding ''except in the case of an 14 eligible alien, or the spouse or child of such 15 alien, who is authorized to be absent from the 16 United States under section 317A,'' at the end. 17 (B) DOCUMENTARY REQUIREMENTS.--Sec- 18 tion 211(b) (8 U.S.C. 1181(b)) is amended by 19 inserting '', including an eligible alien author- 20 ized to reside in a foreign country under section 21 317A and the spouse or child of such eligible 22 alien, if appropriate,'' after ''101(a)(27)(A),''. 23 (C) INELIGIBLE ALIENS.--Section 24 212(a)(7)(A)(i)(I) (8 U.S.C. 25 1182(a)(7)(A)(i)(I)) is amended by inserting EAS13500 S.L.C. 341 1 ''other than an eligible alien authorized to re- 2 side in a foreign country under section 317A 3 and the spouse or child of such eligible alien, if 4 appropriate,'' after ''Act,''. 5 (4) CLERICAL AMENDMENT.--The table of con- 6 tents of such Act is amended by inserting after the 7 item relating to section 317 the following: ''Sec. 317A. Temporary absence of aliens providing health care in developing countries.''. 8 9 (b) ATTESTATION BY HEALTH CARE WORKERS.-- (1) ATTESTATION REQUIREMENT.--Section 10 212(a)(5) (8 U.S.C. 1182(a)(5)) is amended by add- 11 ing at the end the following: 12 13 14 ''(E) HEALTH CARE WORKERS WITH OTHER OBLIGATIONS.-- ''(i) IN GENERAL.--An alien who 15 seeks to enter the United States for the 16 purpose of performing labor as a physician 17 or other health care worker is inadmissible 18 unless the alien submits to the Secretary of 19 Homeland Security or the Secretary of 20 State, as appropriate, an attestation that 21 the alien is not seeking to enter the United 22 States for such purpose during any period 23 in which the alien has an outstanding obli- 24 gation to the government of the alien's EAS13500 S.L.C. 342 1 country of origin or the alien's country of 2 residence. 3 ''(ii) OBLIGATION DEFINED.--In this 4 subparagraph, the term 'obligation' means 5 an obligation incurred as part of a valid, 6 voluntary individual agreement in which 7 the alien received financial assistance to 8 defray the costs of education or training to 9 qualify as a physician or other health care 10 worker in consideration for a commitment 11 to work as a physician or other health care 12 worker in the alien's country of origin or 13 the alien's country of residence. 14 ''(iii) WAIVER.--The Secretary of 15 Homeland Security may waive a finding of 16 inadmissibility under clause (i) if the Sec- 17 retary determines that-- 18 ''(I) the obligation was incurred 19 by coercion or other improper means; 20 ''(II) the alien and the govern- 21 ment of the country to which the alien 22 has an outstanding obligation have 23 reached a valid, voluntary agreement, 24 pursuant to which the alien's obliga- 25 tion has been deemed satisfied, or the EAS13500 S.L.C. 343 1 alien has shown to the satisfaction of 2 the Secretary that the alien has been 3 unable to reach such an agreement 4 because of coercion or other improper 5 means; or 6 ''(III) the obligation should not 7 be enforced due to other extraordinary 8 circumstances, including undue hard- 9 ship that would be suffered by the alien in the absence of a waiver.''. 10 (2) EFFECTIVE 11 DATE.--The amendment made 12 by paragraph (1) shall take effect on the date that 13 is 180 days after the date of the enactment of this 14 Act. 15 (3) APPLICATION.--Not later than the effective 16 date described in paragraph (2), the Secretary of 17 Homeland Security shall begin to carry out subpara- 18 graph (E) of section 212(a)(5) of the Immigration 19 and Nationality Act, as added by paragraph (1), in- 20 cluding the requirement for the attestation and the 21 granting of a waiver described in clause (iii) of such 22 subparagraph (E), regardless of whether regulations 23 to implement such subparagraph have been promul- 24 gated. EAS13500 S.L.C. 344 1 SEC. 2317. EXTENSION AND IMPROVEMENT OF THE IRAQI 2 SPECIAL IMMIGRANT VISA PROGRAM. 3 The Refugee Crisis in Iraq Act of 2007 (8 U.S.C. 4 1157 note) is amended-- 5 (1) in section 1242, by amended subsection (c) 6 to read as follows: 7 ''(c) IMPROVED APPLICATION PROCESS.--Not later 8 than 120 days after the date of the enactment of the Bor9 der Security, Economic Opportunity, and Immigration 10 Modernization Act, the Secretary of State and the Sec11 retary of Homeland Security, in consultation with the Sec12 retary of Defense, shall improve the efficiency by which 13 applications for special immigrant visas under section 14 1244(a) are processed so that all steps incidental to the 15 issuance of such visas, including required screenings and 16 background checks, are completed not later than 9 months 17 after the date on which an eligible alien applies for such 18 visa.''; and 19 20 21 22 23 (2) in section 1244-- (A) subsection (b)-- (i) in paragraph (1)-- (I) by amending subparagraph (B) to read as follows: 24 ''(B) was or is employed in Iraq on or 25 after March 20, 2003, for not less than 1 year, 26 by, or on behalf of-- EAS13500 S.L.C. 345 1 ''(i) the United States Government; 2 ''(ii) a media or nongovernmental or- 3 ganization headquartered in the United 4 States; or 5 ''(iii) an organization or entity closely 6 associated with the United States mission 7 in Iraq that has received United States 8 Government funding through an official 9 and documented contract, award, grant, or 10 cooperative agreement;''; 11 (II) in subparagraph (C), by 12 striking ''United States Government'' 13 and inserting ''an entity or organiza- 14 tion described in subparagraph (B)''; 15 and 16 (III) in subparagraph (D), by 17 striking by striking ''United States 18 Government.'' and inserting ''such en- 19 tity or organization.''; 20 (ii) in paragraph (4)-- (I) by striking ''A recommenda- 21 22 23 24 tion'' and inserting the following: ''(A) IN GENERAL.--Except as provided under subparagraph (B), a recommendation''; EAS13500 S.L.C. 346 1 (II) by striking ''United States 2 Government prior'' and inserting ''an 3 entity or organization described in 4 paragraph (1)(B) prior''; and (III) by adding at the end the 5 6 following: 7 ''(B) REVIEW 8 9 PROCESS FOR DENIAL BY CHIEF OF MISSION.-- ''(i) IN GENERAL.--An applicant who 10 has been denied Chief of Mission approval 11 required by subparagraph (A) shall-- ''(I) receive a written decision; 12 13 and 14 ''(II) be provided 120 days from 15 the date of the decision to request re- 16 opening of the decision to provide ad- 17 ditional information, clarify existing 18 information, or explain any unfavor- 19 able information. 20 ''(ii) SENIOR COORDINATOR.--The 21 Secretary of State shall designate, in the 22 Embassy of the United States in Baghdad, 23 Iraq, a senior coordinator responsible for 24 overseeing the efficiency and integrity of EAS13500 S.L.C. 347 1 the processing of special immigrant visas 2 under this section, who shall be given-- 3 ''(I) sufficiently high security 4 clearance to review Chief of Mission 5 denials in cases that appear to have 6 relied upon insufficient or incorrect 7 information; and 8 ''(II) responsibility for ensuring 9 that an applicant described in clause 10 (i) receives the information described 11 in clause (i)(I).''; and (B) in subsection (c)(3), by adding at the 12 13 end the following: ''(C) SUBSEQUENT 14 FISCAL YEARS.--Not- 15 withstanding subparagraphs (A) and (B), and 16 consistent with subsection (b), any unused bal- 17 ance of the total number of principal aliens who 18 may be provided special immigrant status under 19 this section in fiscal years 2008 through 2012 20 may be carried forward and provided through 21 the end of fiscal year 2018.''; and 22 (3) in section 1248, by adding at the end the 23 following: 24 ''(f) REPORT ON IMPROVEMENTS.-- EAS13500 S.L.C. 348 1 ''(1) IN GENERAL.--Not later than 120 days 2 after the date of the enactment of the Border Secu- 3 rity, Economic Opportunity, and Immigration Mod- 4 ernization Act, the Secretary of State and the Sec- 5 retary of Homeland Security, in consultation with 6 the Secretary of Defense, shall submit a report, with 7 a classified annex, if necessary, to-- 8 9 10 11 12 13 14 ''(A) the Committee on the Judiciary of the Senate; ''(B) the Committee on Foreign Relations of the Senate; ''(C) the Committee on the Judiciary of the House of Representatives; and ''(D) the Committee on Foreign Affairs of 15 the House of Representatives. 16 ''(2) CONTENTS.--The report submitted under 17 paragraph (1) shall describe the implementation of 18 improvements to the processing of applications for 19 special immigrant visas under section 1244(a), in- 20 cluding information relating to-- 21 ''(A) enhancing existing systems for con- 22 ducting background and security checks of per- 23 sons applying for special immigrant status, 24 which shall-- 25 ''(i) support immigration security; and EAS13500 S.L.C. 349 ''(ii) provide for the orderly processing 1 2 of such applications without delay; 3 ''(B) the financial, security, and personnel 4 considerations and resources necessary to carry 5 out this subtitle; 6 ''(C) the number of aliens who have ap- 7 plied for special immigrant visas under section 8 1244 during each month of the preceding fiscal 9 year; 10 ''(D) the reasons for the failure to expedi- 11 tiously process any applications that have been 12 pending for longer than 9 months; 13 14 15 16 ''(E) the total number of applications that are pending due to the failure-- ''(i) to receive approval from the Chief of Mission; 17 ''(ii) for U.S. Citizenship and Immi- 18 gration Services to complete the adjudica- 19 tion of the Form I-360; 20 ''(iii) to conduct a visa interview; or 21 ''(iv) to issue the visa to an eligible 22 alien; 23 ''(F) the average wait times for an appli- 24 cant at each of the stages described in subpara- 25 graph (E); EAS13500 S.L.C. 350 1 ''(G) the number of denials or rejections at 2 each of the stages described in subparagraph 3 (E); and 4 ''(H) a breakdown of reasons for denials at 5 by the Chief of Mission based on the categories 6 already made available to denied special immi- 7 grant visa applicants in the denial letter sent to 8 them by the Chief of Mission. 9 ''(g) PUBLIC QUARTERLY REPORTS .--Not later than 10 120 days after the date of the enactment of the Border 11 Security, Economic Opportunity, and Immigration Mod12 ernization Act, and every 3 months thereafter, the Sec13 retary of State and the Secretary of Homeland Security, 14 in consultation with the Secretary of Defense, shall pub15 lish a report on the website of the Department of State 16 that describes the efficiency improvements made in the 17 process by which applications for special immigrant visas 18 under section 1244(a) are processed, including informa19 tion described in subparagraphs (C) through (H) of sub20 section (f)(2).''. 21 22 23 SEC. 2318. EXTENSION AND IMPROVEMENT OF THE AFGHAN SPECIAL IMMIGRANT VISA PROGRAM. Section 602(b) of the Afghan Allies Protection Act 24 of 2009 (8 U.S.C. 1101 note) is amended-- 25 (1) in paragraph (2)-- EAS13500 S.L.C. 351 1 2 3 (A) in subparagraph (A)-- (i) by amending clause (ii) to read as follows: 4 ''(ii) was or is employed in Afghani- 5 stan on or after October 7, 2001, for not 6 less than 1 year, by, or on behalf of-- ''(I) the United States Govern- 7 8 ment; 9 ''(II) a media or nongovern- 10 mental organization headquartered in 11 the United States; or 12 ''(III) an organization or entity 13 closely associated with the United 14 States mission in Afghanistan that 15 has received United States Govern- 16 ment funding through an official and 17 documented contract, award, grant, or 18 cooperative agreement;''; 19 (ii) in clause (iii), by striking ''United 20 States Government'' and inserting ''an en- 21 tity or organization described in clause 22 (ii)''; and 23 (iii) in clause (iv), by striking by 24 striking ''United States Government.'' and 25 inserting ''such entity or organization.''; EAS13500 S.L.C. 352 1 2 3 4 (B) by amending subparagraph (B) to read as follows: ''(B) FAMILY MEMBERS.--An alien is de- scribed in this subparagraph if the alien is-- 5 ''(i) the spouse or minor child of a 6 principal alien described in subparagraph 7 (A) who is accompanying or following to 8 join the principal alien in the United 9 States; or 10 ''(ii)(I) the spouse, child, parent or 11 sibling of a principal alien described in 12 subparagraph (A), whether or not accom- 13 panying or following to join; and 14 ''(II) has experienced or is experi- 15 encing an ongoing serious threat as a con- 16 sequence of the qualifying employment of a 17 principal alien described in subparagraph 18 (A).''; and 19 (C) in subparagraph (D)-- 20 21 22 (i) by striking ''A recommendation'' and inserting the following: ''(i) IN GENERAL.--Except as pro- 23 vided under clause (ii), a recommenda- 24 tion''; EAS13500 S.L.C. 353 1 (ii) by striking ''United States Gov- 2 ernment prior'' and inserting ''an entity or 3 organization 4 (2)(A)(ii) prior''; and 5 6 7 8 9 described in paragraph (iii) by adding at the end the following: ''(ii) REVIEW PROCESS FOR DENIAL BY CHIEF OF MISSION.-- ''(I) IN GENERAL.--An applicant 10 who has been denied Chief of Mission 11 approval shall-- 12 13 ''(aa) receive a written decision; and 14 ''(bb) be provided 120 days 15 from the date of receipt of such 16 opinion to request reconsider- 17 ation of the decision to provide 18 additional information, clarify ex- 19 isting information, or explain any 20 unfavorable information.. 21 ''(II) SENIOR COORDINATOR.-- 22 The Secretary of State shall des- 23 ignate, in the Embassy of the United 24 States in Kabul, Afghanistan, a senior 25 coordinator responsible for overseeing EAS13500 S.L.C. 354 1 the efficiency and integrity of the 2 processing of special immigrant visas 3 under this section, who shall be 4 given-- 5 ''(aa) sufficiently high secu- 6 rity clearance to review Chief of 7 Mission denials in cases that ap- 8 pear to have relied upon insuffi- 9 cient or incorrect information; 10 and 11 ''(bb) responsibility for en- 12 suring that an applicant de- 13 scribed in subclause (I) receives 14 the information described in sub- 15 clause (I)(aa).''; 16 17 18 (2) in paragraph (3)(C), by amending clause (iii) to read as follows: ''(iii) FISCAL YEARS 2014 THROUGH 19 2018.--For 20 through 2018, the total number of prin- 21 cipal aliens who may be provided special 22 immigrant status under this section may 23 not exceed the sum of-- 24 each of the fiscal years 2014 ''(I) 5,000; EAS13500 S.L.C. 355 1 ''(II) the difference between the 2 number of special immigrant visas al- 3 located under this section for fiscal 4 years 2009 through 2013 and the 5 number of such allocated visas that 6 were issued; and 7 ''(III) any unused balance of the 8 total number of principal aliens who 9 may be provided special immigrant 10 status in fiscal years 2014 through 11 2018 that have been carried for- 12 ward.''; 13 14 (3) in paragraph (4)-- (A) in the heading, by striking ''PROHIBI- 15 TION ON FEES.--''and 16 PROCESS.--''; 17 18 19 inserting ''APPLICATION (B) by striking ''The Secretary'' and inserting the following: ''(A) IN GENERAL.--Not later than 120 20 days after the date of enactment of the Border 21 Security, Economic Opportunity, and Immigra- 22 tion Modernization Act, the Secretary of State 23 and the Secretary of Homeland Security, in 24 consultation with the Secretary of Defense, 25 shall improve the efficiency by which applica- EAS13500 S.L.C. 356 1 tions for special immigrant visas under para- 2 graph (1) are processed so that all steps inci- 3 dental to the issuance of such visas, including 4 required screenings and background checks, are 5 completed not later than 6 months after the 6 date on which an eligible alien applies for such 7 visa. 8 9 ''(B) PROHIBITION ON FEES.--The Sec- retary''; and 10 (4) by adding at the end the following: 11 ''(12) REPORT ON IMPROVEMENTS.--Not later 12 than 120 days after the date of the enactment of the 13 Border Security, Economic Opportunity, and Immi- 14 gration Modernization Act, the Secretary of State 15 and the Secretary of Homeland Security, in con- 16 sultation with the Secretary of Defense, shall submit 17 to the appropriate committees a report, with a clas- 18 sified annex, if necessary, that describes the imple- 19 mentation of improvements to the processing of ap- 20 plications for special immigrant visas under this sub- 21 section, including information relating to-- 22 ''(A) enhancing existing systems for con- 23 ducting background and security checks of per- 24 sons applying for special immigrant status, 25 which shall-- EAS13500 S.L.C. 357 1 ''(i) support immigration security; and 2 ''(ii) provide for the orderly processing 3 of such applications without delay; 4 ''(B) the financial, security, and personnel 5 considerations and resources necessary to carry 6 out this section; 7 ''(C) the number of aliens who have ap- 8 plied for special immigrant visas under this 9 subsection during each month of the preceding 10 fiscal year; 11 ''(D) the reasons for the failure to expedi- 12 tiously process any applications that have been 13 pending for longer than 9 months; 14 15 16 17 ''(E) the total number of applications that are pending due to the failure-- ''(i) to receive approval from the Chief of Mission; 18 ''(ii) for U.S. Citizenship and Immi- 19 gration Services to complete the adjudica- 20 tion of the Form I-360; 21 ''(iii) to conduct a visa interview; or 22 ''(iv) to issue the visa to an eligible 23 alien; EAS13500 S.L.C. 358 1 ''(F) the average wait times for an appli- 2 cant at each of the stages described in subpara- 3 graph (E); 4 ''(G) the number of denials or rejections at 5 each of the stages described in subparagraph 6 (E); and 7 ''(H) a breakdown of reasons for denials 8 by the Chief of Mission based on the categories 9 already made available to denied special immi- 10 grant visa applicants in the denial letter sent to 11 them by the Chief of Mission. 12 ''(13) PUBLIC QUARTERLY REPORTS .--Not 13 later than 120 days after the date of the enactment 14 of the Border Security, Economic Opportunity, and 15 Immigration Modernization Act, and every 3 months 16 thereafter, the Secretary of State and the Secretary 17 of Homeland Security, in consultation with the Sec- 18 retary of Defense, shall publish a report on the 19 website of the Department of State that describes 20 the efficiency improvements made in the process by 21 which applications for special immigrant visas under 22 this subsection are processed, including information 23 described in subparagraph (C) through (H) of para- 24 graph (12).''. EAS13500 S.L.C. 359 1 2 3 SEC. 2319. ELIMINATION OF SUNSETS FOR CERTAIN VISA PROGRAMS. (a) SPECIAL IMMIGRANT NONMINISTER RELIGIOUS 4 WORKER PROGRAM.--Section 101(a)(27)(C)(ii) (8 U.S.C. 5 1101 (a)(27)(C)(ii)) is amended in subclauses (II) and 6 (III) by striking ''before September 30, 2015,'' both places 7 such term appears. 8 (b) EB -5 REGIONAL CENTER PROGRAM.--Section 9 610(b) of the Departments of Commerce, Justice, and 10 State, the Judiciary, and Related Agencies Appropriations 11 Act, 1993 (Public Law 102-395; 8 U.S.C. 1153 note) is 12 amended by striking ''until September 30, 2015''. 13 14 15 16 Subtitle D--Conrad State 30 and Physician Access SEC. 2401. CONRAD STATE 30 PROGRAM. Section 220(c) of the Immigration and Nationality 17 Technical Corrections Act of 1994 (Public Law 103-416; 18 8 U.S.C. 1182 note) is amended by striking ''and before 19 September 30, 2015''. 20 SEC. 2402. RETAINING PHYSICIANS WHO HAVE PRACTICED 21 IN 22 NITIES. 23 MEDICALLY UNDERSERVED COMMU- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended 24 by section 217(b), is further amended by adding at the 25 end the following: EAS13500 S.L.C. 360 1 ''(L)(i) Alien physicians who have completed 2 service requirements of a waiver requested under 3 section 203(b)(2)(B)(ii), including alien physicians 4 who completed such service before the date of the 5 enactment of the Border Security, Economic Oppor- 6 tunity, and Immigration Modernization Act and any 7 spouses or children of such alien physicians. 8 9 ''(ii) Nothing in this subparagraph may be construed-- 10 ''(I) to prevent the filing of a petition with 11 the Secretary of Homeland Security for classi- 12 fication under section 204(a) or the filing of an 13 application for adjustment of status under sec- 14 tion 245 by an alien physician described in this 15 subparagraph prior to the date by which such 16 alien physician has completed the service de- 17 scribed in section 214(l) or worked full-time as 18 a physician for an aggregate of 5 years at the 19 location identified in the section 214(l) waiver 20 or in an area or areas designated by the Sec- 21 retary of Health and Human Services as having 22 a shortage of health care professionals; or 23 ''(II) to permit the Secretary of Homeland 24 Security to grant such a petition or application EAS13500 S.L.C. 361 1 until the alien has satisfied all the requirements 2 of the waiver received under section 214(l).''. 3 4 SEC. 2403. EMPLOYMENT PROTECTIONS FOR PHYSICIANS. (a) IN GENERAL.--Section 214(l)(1)(C) (8 U.S.C. 5 1184(l)(1)(C)) is amended by striking clauses (i) and (ii) 6 and inserting the following: 7 ''(i) the alien demonstrates a bona fide 8 offer of full-time employment, at a health care 9 organization, which employment has been deter- 10 mined by the Secretary of Homeland Security 11 to be in the public interest; and 12 ''(ii) the alien agrees to begin employment 13 with the health facility or health care organiza- 14 tion in a geographic area or areas which are 15 designated by the Secretary of Health and 16 Human Services as having a shortage of health 17 care professionals by the later of the date that 18 is 90 days after receiving such waiver, 90 days 19 after completing graduate medical education or 20 training under a program approved pursuant to 21 section 212(j)(1), or 90 days after receiving 22 nonimmigrant status or employment authoriza- 23 tion, and agrees to continue to work for a total 24 of not less than 3 years in any status author- EAS13500 S.L.C. 362 1 ized for such employment under this subsection 2 unless-- 3 ''(I) the Secretary determines that ex- 4 tenuating circumstances exist that justify a 5 lesser period of employment at such facility 6 or organization, in which case the alien 7 shall demonstrate another bona fide offer 8 of employment at a health facility or 9 health care organization, for the remainder 10 of such 3-year period; 11 ''(II) the interested State agency that 12 requested the waiver attests that extenu- 13 ating circumstances exist that justify a 14 lesser period of employment at such facility 15 or organization in which case the alien 16 shall demonstrate another bona fide offer 17 of employment at a health facility or 18 health care organization so designated by 19 the Secretary of Health and Human Serv- 20 ices, for the remainder of such 3-year pe- 21 riod; or ''(III) if the alien elects not to pursue 22 23 a determination of extenuating cir- 24 cumstances pursuant to subclause (I) or 25 (II), the alien terminates the alien's em- EAS13500 S.L.C. 363 1 ployment relationship with such facility or 2 organization, in which case the alien shall 3 be employed for the remainder of such 3- 4 year period, and 1 additional year for each 5 termination, at another health facility or 6 health care organization in a geographic 7 area or areas which are designated by the 8 Secretary of Health and Human Services 9 as having a shortage of health care professionals; and''. 10 11 (b) CONTRACT REQUIREMENTS.--Section 214(l) (8 12 U.S.C. 1184(l)) is amended by adding at the end the fol13 lowing: 14 ''(4) An alien granted a waiver under paragraph 15 (1)(C) shall enter into an employment agreement with the 16 contracting health facility or health care organization 17 that-- 18 ''(A) specifies the maximum number of on-call 19 hours per week (which may be a monthly average) 20 that the alien will be expected to be available and 21 the compensation the alien will receive for on-call 22 time; 23 ''(B) specifies whether the contracting facility 24 or organization will pay for the alien's malpractice 25 insurance premiums, including whether the employer EAS13500 S.L.C. 364 1 will provide malpractice insurance and, if so, the 2 amount of such insurance that will be provided; 3 ''(C) describes all of the work locations that the 4 alien will work and a statement that the contracting 5 facility or organization will not add additional work 6 locations without the approval of the Federal agency 7 or State agency that requested the waiver; and 8 ''(D) does not include a non-compete provision. 9 ''(5) An alien granted a waiver under paragraph 10 (1)(C) whose employment relationship with a health facil11 ity or health care organization terminates during the 312 year service period required by such paragraph-- 13 ''(A) shall have a period of 120 days beginning 14 on the date of such termination of employment to 15 submit to the Secretary of Homeland Security appli- 16 cations or petitions to commence employment with 17 another contracting health facility or health care or- 18 ganization in a geographic area or areas which are 19 designated by the Secretary of Health and Human 20 Services as having a shortage of health care profes- 21 sionals; and 22 ''(B) shall be considered to be maintaining law- 23 ful status in an authorized stay during the 120-day 24 period referred to in subsection (A).''. EAS13500 S.L.C. 365 1 2 SEC. 2404. ALLOTMENT OF CONRAD 30 WAIVERS. (a) IN GENERAL.--Section 214(l) (8 U.S.C. 1184(l)), 3 as amended by section 333(b), is further amended by add4 ing at the end the following: 5 ''(6)(A)(i) All States shall be allotted a total of 35 6 waivers under paragraph (1)(B) for a fiscal year if 90 per7 cent of the waivers available to the States receiving at 8 least 5 waivers were used in the previous fiscal year. 9 ''(ii) When an allocation has occurred under clause 10 (i), all States shall be allotted an additional 5 waivers 11 under paragraph (1)(B) for each subsequent fiscal year 12 if 90 percent of the waivers available to the States receiv13 ing at least 5 waivers were used in the previous fiscal year. 14 If the States are allotted 45 or more waivers for a fiscal 15 year, the States will only receive an additional increase 16 of 5 waivers the following fiscal year if 95 percent of the 17 waivers available to the States receiving at least 1 waiver 18 were used in the previous fiscal year. 19 ''(B) Any increase in allotments under subparagraph 20 (A) shall be maintained indefinitely, unless in a fiscal year, 21 the total number of such waivers granted is 5 percent 22 lower than in the last year in which there was an increase 23 in the number of waivers allotted pursuant to this para24 graph, in which case-- EAS13500 S.L.C. 366 1 ''(i) the number of waivers allotted shall be de- 2 creased by 5 for all States beginning in the next fis- 3 cal year; and 4 ''(ii) each additional 5 percent decrease in such 5 waivers granted from the last year in which there 6 was an increase in the allotment, shall result in an 7 additional decrease of 5 waivers allotted for all 8 States, provided that the number of waivers allotted 9 for all States shall not drop below 30.''. 10 (b) ACADEMIC MEDICAL CENTERS.--Section 11 214(l)(1)(D) (8 U.S.C. 1184(l)(1)(D)) is amended-- 12 (1) in clause (ii), by striking ''and'' at the end; 13 (2) in clause (iii), by striking the period at the 14 15 16 17 end and inserting ''; and''; and (3) by adding at the end the following: ''(iv) in the case of a request by an interested State agency-- 18 ''(I) the head of such agency deter- 19 mines that the alien is to practice medicine 20 in, or be on the faculty of a residency pro- 21 gram at, an academic medical center (as 22 that 23 411.355(e)(2) of title 42, Code of Federal 24 Regulation, or similar successor regula- 25 tion), without regard to whether such facil- term is defined in section EAS13500 S.L.C. 367 1 ity is located within an area designated by 2 the Secretary of Health and Human Serv- 3 ices as having a shortage of health care 4 professionals; and ''(II) the head of such agency deter- 5 mines that-- 6 ''(aa) the alien physician's work 7 is in the public interest; and 8 9 ''(bb) the grant of such waiver 10 would not cause the number of the 11 waivers granted on behalf of aliens for 12 such State for a fiscal year (within 13 the limitation in subparagraph (B) 14 and subject to paragraph (6)) in ac- 15 cordance with the conditions of this 16 clause to exceed 3.''. 17 SEC. 2405. AMENDMENTS TO THE PROCEDURES, DEFINI- 18 TIONS, AND OTHER PROVISIONS RELATED TO 19 PHYSICIAN IMMIGRATION. 20 21 (a) DUAL INTENT UATE FOR PHYSICIANS SEEKING GRAD- MEDICAL TRAINING.--Section 214(b) (8 U.S.C. 22 1184(b)) is amended by striking ''(other than a non23 immigrant described in subparagraph (L) or (V) of section 24 101(a)(15), and other than a nonimmigrant described in 25 any provision of section 101(a)(15)(H)(i) except subclause EAS13500 S.L.C. 368 1 (b1) of such section)'' and inserting ''(other than a non2 immigrant described in subparagraph (L) or (V) of section 3 101(a)(15), a nonimmigrant described in any provision of 4 section 101(a)(15)(H)(i), except subclause (b1) of such 5 section, and an alien coming to the United States to re6 ceive graduate medical education or training as described 7 in section 212(j) or to take examinations required to re8 ceive graduate medical education or training as described 9 in section 212(j))''. 10 (b) ALLOWABLE VISA STATUS FOR PHYSICIANS FUL- 11 FILLING 12 SERVED WAIVER REQUIREMENTS IN MEDICALLY UNDERAREAS.--Section 214(l)(2)(A) (8 U.S.C. 13 1184(l)(2)(A)) is amended by striking ''an alien described 14 in section 101(a)(15)(H)(i)(b).'' and inserting ''any status 15 authorized for employment under this Act.''. 16 17 (c) PHYSICIAN NATIONAL INTEREST WAIVER CLARIFICATIONS.--Section 203(b)(2)(B)(ii)(I) (8 U.S.C. 18 1153(b)(2)(B)(ii)(I)) is amended by striking items (aa) 19 and (bb) and inserting the following: 20 ''(aa) the alien physician agrees to 21 work on a full-time basis practicing pri- 22 mary care, specialty medicine, or a com- 23 bination thereof, in an area or areas des- 24 ignated by the Secretary of Health and 25 Human Services as having a shortage of EAS13500 S.L.C. 369 1 health care professionals, or at a health 2 care facility under the jurisdiction of the 3 Secretary of Veterans Affairs; or 4 ''(bb) the alien physician is pursuing 5 such waiver based upon service at a facility 6 or facilities that serve patients who reside 7 in a geographic area or areas designated 8 by the Secretary of Health and Human 9 Services as having a shortage of health 10 care 11 whether such facility or facilities are lo- 12 cated within such an area) and a Federal 13 agency, or a local, county, regional, or 14 State department of public health deter- 15 mines the alien physician's work was or 16 will be in the public interest.''. 17 18 professionals (without regard (d) SHORT TERM WORK AUTHORIZATION SICIANS FOR to PHY- COMPLETING THEIR RESIDENCIES.--A physician 19 completing graduate medical education or training as de20 scribed in section 212(j) of the Immigration and Nation21 ality Act (8 U.S.C. 1182(j)) as a nonimmigrant described 22 section 101(a)(15)(H)(i) of such Act (8 U.S.C. 23 1101(a)(15)(H)(i)) shall have such nonimmigrant status 24 automatically extended until October 1 of the fiscal year 25 for which a petition for a continuation of such non- EAS13500 S.L.C. 370 1 immigrant status has been submitted in a timely manner 2 and where the employment start date for the beneficiary 3 of such petition is October 1 of that fiscal year. Such phy4 sician shall be authorized to be employed incident to status 5 during the period between the filing of such petition and 6 October 1 of such fiscal year. However, the physician's 7 status and employment authorization shall terminate 30 8 days from the date such petition is rejected, denied or re9 voked. A physician's status and employment authorization 10 will automatically extend to October 1 of the next fiscal 11 year if all visas as described in such section 12 101(a)(15)(H)(i) authorized to be issued for the fiscal 13 year have been issued. (e) APPLICABILITY 14 15 AND CHILDREN OF OF SECTION 212(e) TO SPOUSES J-1 EXCHANGE VISITORS.--A spouse 16 or child of an exchange visitor described in section 17 101(a)(15)(J) of the Immigration and Nationality Act (8 18 U.S.C. 1101(a)(15)(J)) shall not be subject to the require19 ments of section 212(e) of the Immigration and Nation20 ality Act (8 U.S.C. 1182(e)). 21 22 23 24 25 Subtitle E--Integration SEC. 2501. DEFINITIONS. In this subtitle: (1) CHIEF.--The term ''Chief'' means the Chief of the Office. EAS13500 S.L.C. 371 1 (2) FOUNDATION.--The term ''Foundation'' 2 means the United States Citizenship Foundation es- 3 tablished pursuant to section 2531. 4 (3) IEACA GRANTS.--The term ''IEACA 5 grants'' means Initial Entry, Adjustment, and Citi- 6 zenship Assistance grants authorized under section 7 2537. 8 9 10 (4) IMMIGRANT INTEGRATION.--The term ''im- migrant integration'' means the process by which immigrants-- 11 (A) join the mainstream of civic life by en- 12 gaging and sharing ownership in their local 13 community, the United States, and the prin- 14 ciples of the Constitution; 15 (B) attain financial self-sufficiency and up- 16 ward economic mobility for themselves and their 17 family members; and 18 (C) acquire English language skills and re- 19 lated cultural knowledge necessary to effectively 20 participate in their community. 21 (5) LINGUISTIC INTEGRATION.--The term ''lin- 22 guistic integration'' means the acquisition, by limited 23 English proficient individuals, of English language 24 skills and related cultural knowledge necessary to EAS13500 S.L.C. 372 1 meaningfully and effectively fulfill their roles as 2 community members, family members, and workers. 3 (6) OFFICE.--The term ''Office'' means the Of- 4 fice of Citizenship and New Americans established in 5 U.S. Citizenship and Immigration Services under 6 section 2511. (7) RECEIVING 7 COMMUNITIES.--The term ''re- 8 ceiving communities'' means the long-term residents 9 of the communities in which immigrants settle. (8) TASK 10 FORCE.--The term ''Task Force'' 11 means the Task Force on New Americans estab- 12 lished pursuant to section 2521. (9) USCF 13 COUNCIL.--The term ''USCF Coun- 14 cil'' means the Council of Directors of the Founda- 15 tion. 16 CHAPTER 1--CITIZENSHIP AND NEW 17 AMERICANS 18 Subchapter A--Office of Citizenship and New 19 Americans 20 SEC. 2511. OFFICE OF CITIZENSHIP AND NEW AMERICANS. 21 22 (a) RENAMING OFFICE OF CITIZENSHIP.-- (1) IN GENERAL.--Beginning on the date of the 23 enactment of this Act, the Office of Citizenship in 24 U.S. Citizenship and Immigration Services shall be EAS13500 S.L.C. 373 1 referred to as the ''Office of Citizenship and New 2 Americans''. 3 (2) REFERENCES.--Any reference in a law, reg- 4 ulation, document, paper, or other record of the 5 United States to the Office of Citizenship in U.S. 6 Citizenship and Immigration Services shall be 7 deemed to be a reference to the Office of Citizenship 8 and New Americans. 9 (3) TECHNICAL AND CONFORMING 10 MENTS.--Section 11 AMEND- of 2002 (6 U.S.C. 271) is amended-- 12 13 14 15 451 of the Homeland Security Act (A) in the section heading, by striking ''BUREAU OF'' and inserting ''U.S.''; (B) in subsection (a)(1), by striking ''the 'Bureau of'' and inserting '''U.S.''; 16 (C) by striking ''the Bureau of'' each place 17 such terms appears and inserting ''U.S.''; and 18 19 (D) in subsection (f)-- (i) by amending the subsection head- 20 ing to read as follows: ''OFFICE 21 ZENSHIP AND 22 23 OF CITI- NEW AMERICANS''; and (ii) by striking paragraph (1) and inserting the following: 24 ''(1) CHIEF.--The Office of Citizenship and 25 New Americans shall be within U.S. Citizenship and EAS13500 S.L.C. 374 1 Immigration Services and shall be headed by the 2 Chief of the Office of Citizenship and New Ameri- 3 cans.''. 4 (b) FUNCTIONS.--Section 451(f) of such Act (6 5 U.S.C. 271(f)), as amended by subsection (a)(3)(D), is 6 further amended by striking paragraph (2) and inserting 7 the following: 8 9 ''(2) FUNCTIONS.--The Chief of the Office of Citizenship and New Americans shall-- 10 ''(A) promote institutions and training on 11 citizenship responsibilities for aliens interested 12 in becoming naturalized citizens of the United 13 States, including the development of edu- 14 cational materials for such aliens; 15 ''(B) provide general leadership, consulta- 16 tion, and coordination of the immigrant integra- 17 tion programs across the Federal Government 18 and with State and local entities; 19 ''(C) advise the Director of U.S. Citizen- 20 ship and Immigration Services, the Secretary of 21 Homeland Security, and the Domestic Policy 22 Council on-- 23 ''(i) the challenges and opportunities 24 relating to the linguistic, economic, and 25 civic integration of immigrants and their EAS13500 S.L.C. 375 1 young children and progress in meeting in- 2 tegration goals and indicators; and ''(ii) immigrant integration consider- 3 4 ations relating to Federal budgets; 5 ''(D) establish national goals for intro- 6 ducing new immigrants into the United States 7 and measure the degree to which such goals are 8 met; 9 ''(E) evaluate the scale, quality, and effec- 10 tiveness of Federal Government efforts in immi- 11 grant integration and provide advice on appro- 12 priate actions; 13 ''(F) identify the integration implications 14 of new or proposed immigration policies and 15 provide recommendations for addressing such 16 implications; 17 ''(G) continue the efforts of the Task 18 Force on New Americans established by Execu- 19 tive Order 13404 (71 Fed. Reg. 33593); 20 ''(H) serve as a liaison and intermediary 21 with State and local governments and other en- 22 tities to assist in establishing local goals, task 23 forces, and councils to assist in-- 24 25 ''(i) introducing immigrants into the United States; and EAS13500 S.L.C. 376 1 ''(ii) promoting citizenship education 2 and awareness among aliens interested in 3 becoming naturalized citizens of the United 4 States; 5 ''(I) coordinate with other Federal agencies 6 to provide information to State and local gov- 7 ernments on the demand for existing Federal 8 and State English acquisition and citizenship 9 education programs and best practices for im- 10 migrants who recently arrived in the United 11 States; 12 ''(J) assist States in coordinating the ac- 13 tivities of the grant programs authorized under 14 sections 2537 and 2538 of the Border Security, 15 Economic Opportunity, and Immigration Mod- 16 ernization Act; 17 ''(K) submit a biennial report to the appro- 18 priate congressional committees that describes 19 the activities of the Office of Citizenship and 20 New Americans; and 21 22 23 ''(L) carry out such other functions and activities as Secretary may assign.''. (c) EFFECTIVE DATE.--The amendments made by 24 subsections (a) and (b) shall take effect on the date that 25 is 1 year after the date of the enactment of this Act. EAS13500 S.L.C. 377 1 Subchapter B--Task Force on New 2 Americans 3 4 SEC. 2521. ESTABLISHMENT. (a) IN GENERAL.--The Secretary shall establish a 5 Task Force on New Americans. 6 (b) FULLY FUNCTIONAL.--The Task Force shall be 7 fully functional not later than 18 months after the date 8 of the enactment of this Act. 9 10 SEC. 2522. PURPOSE. The purposes of the Task Force are-- 11 (1) to establish a coordinated Federal program 12 and policy response to immigrant integration issues; 13 and 14 (2) to advise and assist the Secretary in identi- 15 fying and fostering policies to carry out the policies 16 and goals established under this chapter. 17 18 SEC. 2523. MEMBERSHIP. (a) IN GENERAL.--The Task Force shall be com- 19 prised of-- 20 21 (1) the Secretary, who shall serve as Chair of the Task Force; 22 (2) the Secretary of the Treasury; 23 (3) the Attorney General; 24 (4) the Secretary of Commerce; 25 (5) the Secretary of Labor; EAS13500 S.L.C. 378 (6) the Secretary of Health and Human Serv- 1 2 ices; (7) the Secretary of Housing and Urban Devel- 3 4 opment; 5 (8) the Secretary of Transportation; 6 (9) the Secretary of Education; 7 (10) the Director of the Office of Management 8 and Budget; (11) the Administrator of the Small Business 9 10 Administration; (12) the Director of the Domestic Policy Coun- 11 12 cil; and (13) the Director of the National Economic 13 14 Council. 15 (b) DELEGATION.--A member of the Task Force may 16 delegate a senior official, at the Assistant Secretary, Dep17 uty Administrator, Deputy Director, or Assistant Attorney 18 General level to perform the functions of a Task Force 19 member described in section 2524. 20 21 SEC. 2524. FUNCTIONS. (a) MEETINGS; FUNCTIONS.--The Task Force 22 shall-- 23 (1) meet at the call of the Chair; and 24 (2) perform such functions as the Secretary 25 may prescribe. EAS13500 S.L.C. 379 1 (b) COORDINATED RESPONSE.--The Task Force 2 shall work with executive branch agencies-- 3 (1) to provide a coordinated Federal response 4 to issues that impact the lives of new immigrants 5 and receiving communities, including-- (A) access to youth and adult education 6 7 programming; 8 (B) workforce training; 9 (C) health care policy; 10 (D) access to naturalization; and 11 (E) community development challenges; 12 and 13 (2) to ensure that Federal programs and poli- 14 cies adequately address such impacts. 15 (c) LIAISONS.--Members of the Task Force shall 16 serve as liaisons to their respective agencies to ensure the 17 quality and timeliness of their agency's participation in ac18 tivities of the Task Force, including-- 19 (1) creating integration goals and indicators; 20 (2) implementing the biannual consultation 21 process with the agency's State and local counter- 22 parts; and 23 (3) reporting on agency data collection, policy, 24 and program efforts relating to achieving the goals 25 and indicators referred to in paragraph (1). EAS13500 S.L.C. 380 1 (d) RECOMMENDATIONS.--Not later than 18 months 2 after the end of the period specified in section 2521(b), 3 the Task Force shall-- 4 (1) provide recommendations to the Domestic 5 Policy Council and the Secretary on the effects of 6 pending legislation and executive branch policy pro- 7 posals; 8 (2) suggest changes to Federal programs or 9 policies to address issues of special importance to 10 new immigrants and receiving communities; 11 (3) review and recommend changes to policies 12 that have a distinct impact on new immigrants and 13 receiving communities; and 14 (4) assist in the development of legislative and 15 policy proposals of special importance to new immi- 16 grants and receiving communities. 17 CHAPTER 2--PUBLIC-PRIVATE 18 PARTNERSHIP 19 SEC. 2531. ESTABLISHMENT OF UNITED STATES CITIZEN- 20 21 SHIP FOUNDATION. The Secretary, acting through the Director of U.S. 22 Citizenship and Immigration Services, is authorized to es23 tablish a nonprofit corporation, which shall be known as 24 the ''United States Citizenship Foundation''. EAS13500 S.L.C. 381 1 SEC. 2532. FUNDING. 2 (a) GIFTS TO FOUNDATION.--In order to carry out 3 the purposes set forth in section 2533, the Foundation 4 may-- 5 (1) solicit, accept, and make gifts of money and 6 other property in accordance with section 501(c)(3) 7 of the Internal Revenue Code of 1986; 8 (2) engage in coordinated work with the De- 9 partment, including the Office and U.S. Citizenship 10 and Immigration Services; and 11 (3) accept, hold, administer, invest, and spend 12 any gift, devise, or bequest of real or personal prop- 13 erty made to the Foundation. 14 (b) GIFTS TO OFFICE OF CITIZENSHIP AND NEW 15 AMERICANS.--The Office may accept gifts from the Foun16 dation to support the functions of the Office. 17 18 19 20 SEC. 2533. PURPOSES. The purposes of the Foundation are-- (1) to expand citizenship preparation programs for permanent residents; 21 (2) to provide direct assistance for aliens seek- 22 ing provisional immigrant status, legal permanent 23 resident status, or naturalization as a United States 24 citizen; and 25 26 (3) to coordinate immigrant integration with State and local entities. EAS13500 S.L.C. 382 1 2 SEC. 2534. AUTHORIZED ACTIVITIES. The Foundation shall carry out its purpose by-- 3 (1) making United States citizenship instruc- 4 tion and naturalization application services acces- 5 sible to low-income and other underserved perma- 6 nent resident populations; (2) developing, identifying, and sharing best 7 8 practices in United States citizenship preparation; (3) supporting innovative and creative solutions 9 10 to barriers faced by those seeking naturalization; 11 (4) increasing the use of, and access to, tech- 12 nology in United States citizenship preparation pro- 13 grams; 14 (5) engaging receiving communities in the 15 United States citizenship and civic integration proc- 16 ess; 17 (6) administering the New Citizens Award Pro- 18 gram to recognize, in each calendar year, not more 19 than 10 United States citizens who-- (A) have made outstanding contributions 20 21 to the United States; and 22 (B) have been naturalized during the 10- 23 year period ending on the date of such recogni- 24 tion; 25 (7) fostering public education and awareness; EAS13500 S.L.C. 383 1 2 3 4 5 6 7 8 (8) coordinate its immigrant integration efforts with the Office; (9) awarding grants to eligible public or private nonprofit organizations under section 2537. (10) awarding grants to State and local governments under section 2538. SEC. 2535. COUNCIL OF DIRECTORS. (a) MEMBERS.--The Foundation shall have a Council 9 of Directors, which shall be comprised of-- 10 11 12 13 (1) the Director of U.S. Citizenship and Immigration Services; (2) the Chief of the Office of Citizenship and New Americans; and 14 (3) 10 directors, appointed by the ex-officio di- 15 rectors designated in paragraphs (1) and (2), from 16 national community-based organizations that pro- 17 mote and assist permanent residents with natu- 18 ralization. 19 (b) APPOINTMENT OF EXECUTIVE DIRECTOR.--The 20 USCF Council shall appoint an Executive Director, who 21 shall oversee the day-to-day operations of the Foundation. 22 23 SEC. 2536. POWERS. The Executive Director is authorized to carry out the 24 purposes set forth in section 2533 on behalf of the Foun25 dation by-- EAS13500 S.L.C. 384 1 (1) accepting, holding, administering, investing, 2 and spending any gift, devise, or bequest of real or 3 personal property made to the Foundation; 4 (2) entering into contracts and other financial 5 assistance agreements with individuals, public or pri- 6 vate organizations, professional societies, and gov- 7 ernment agencies to carry out the functions of the 8 Foundation; 9 (3) entering into such other contracts, leases, 10 cooperative agreements, and other transactions as 11 the Executive Director considers appropriate to 12 carry out the activities of the Foundation; and 13 (4) charging such fees for professional services 14 furnished by the Foundation as the Executive Direc- 15 tor determines reasonable and appropriate. 16 SEC. 2537. INITIAL ENTRY, ADJUSTMENT, AND CITIZENSHIP 17 18 ASSISTANCE GRANT PROGRAM. (a) AUTHORIZATION.--The Secretary, acting through 19 the Director of U.S. Citizenship and Immigration Serv20 ices, may award Initial Entry, Adjustment, and Citizen21 ship Assistance grants to eligible public or private, non22 profit organizations. 23 (b) USE OF GRANT FUNDS.--IEACA grants shall be 24 used for the design and implementation of programs that EAS13500 S.L.C. 385 1 provide direct assistance, within the scope of the author2 ized practice of immigration law-- 3 (1) to aliens who are preparing an initial appli- 4 cation for registered provisional immigrant status 5 under section 245B of the Immigration and Nation- 6 ality Act, as added by section 2101 of this Act, in- 7 cluding assisting applicants in-- 8 (A) screening to assess prospective appli- 9 cants' potential eligibility or lack of eligibility; 10 (B) completing applications; 11 (C) gathering proof of identification, em- 12 ployment, residence, and tax payment; (D) gathering proof of relationships of eli- 13 14 gible family members; 15 (E) applying for any waivers for which ap- 16 plicants and qualifying family members may be 17 eligible; and 18 (F) any other assistance that the Secretary 19 or grantee considers useful to aliens who are in- 20 terested in applying for registered provisional 21 immigrant status; 22 (2) to aliens seeking to adjust their status 23 under section2211 or 2212 of this Act or section 24 245, 245B, or 245C of the Immigration and Nation- 25 ality Act; EAS13500 S.L.C. 386 1 2 3 (3) to legal permanent residents seeking to become naturalized United States citizens; and (4) to applicants on-- (A) the rights and responsibilities of 4 5 United States citizenship; (B) civics-based English as a second lan- 6 7 guage; 8 (C) civics, with a special emphasis on com- 9 mon values and traditions of Americans, includ- 10 ing an understanding of the history of the 11 United States and the principles of the Con- 12 stitution; and 13 (D) applying for United States citizenship. 14 SEC. 2538. PILOT PROGRAM TO PROMOTE IMMIGRANT IN- 15 16 TEGRATION AT STATE AND LOCAL LEVELS. (a) GRANTS AUTHORIZED.--The Chief shall establish 17 a pilot program through which the Chief may award 18 grants, on a competitive basis, to States and local govern19 ments or other qualifying entities, in collaboration with 20 State and local governments -- 21 (1) to establish New Immigrant Councils to 22 carry out programs to integrate new immigrants; or 23 (2) to carry out programs to integrate new im- 24 migrants. EAS13500 S.L.C. 387 1 (b) APPLICATION.--A State or local government de- 2 siring a grant under this section shall submit an applica3 tion to the Chief at such time, in such manner, and con4 taining such information as the Chief may reasonably re5 quire, including-- 6 7 8 9 (1) a proposal to meet an objective or combination of objectives set forth in subsection (d)(3); (2) the number of new immigrants in the applicant's jurisdiction; and 10 (3) a description of the challenges in intro- 11 ducing and integrating new immigrants into the 12 State or local community. 13 (c) PRIORITY.--In awarding grants under this sec- 14 tion, the Chief shall give priority to States and local gov15 ernments or other qualifying entities that-- 16 17 (1) use matching funds from non-Federal sources, which may include in-kind contributions; 18 (2) demonstrate collaboration with public and 19 private entities to achieve the goals of the com- 20 prehensive plan developed pursuant to subsection 21 (d)(3); 22 23 (3) are 1 of the 10 States with the highest rate of foreign-born residents; or 24 (4) have experienced a large increase in the 25 population of immigrants during the most recent 10- EAS13500 S.L.C. 388 1 year period relative to past migration patterns, 2 based on data compiled by the Office of Immigration 3 Statistics or the United States Census Bureau. 4 (d) AUTHORIZED ACTIVITIES.--A grant awarded 5 under this subsection may be used-- 6 7 (1) to form a New Immigrant Council, which shall-- 8 (A) consist of between 15 and 19 individ- 9 uals, inclusive, from the State, local govern- 10 11 12 ment, or qualifying organization; (B) include, to the extent practicable, representatives from-- 13 (i) business; 14 (ii) faith-based organizations; 15 (iii) civic organizations; 16 (iv) philanthropic organizations; 17 (v) nonprofit organizations, including 18 those with experience working with immi- 19 grant communities; 20 (vi) key education stakeholders, such 21 as State educational agencies, local edu- 22 cational agencies, community colleges, and 23 teachers; 24 (vii) State adult education offices; EAS13500 S.L.C. 389 (viii) State or local public libraries; 1 and 2 (ix) State or local governments; and 3 (C) meet not less frequently than once 4 5 each quarter; 6 (2) to provide subgrants to local communities, 7 city governments, municipalities, nonprofit organiza- 8 tions (including veterans' and patriotic organiza- 9 tions) or other qualifying entities; 10 (3) to develop, implement, expand, or enhance 11 a comprehensive plan to introduce and integrate new 12 immigrants into the State by-- 13 (A) improving English language skills; 14 (B) engaging caretakers with limited 15 English proficiency in their child's education 16 through interactive parent and child literacy ac- 17 tivities; (C) improving and expanding access to 18 19 workforce training programs; 20 (D) teaching United States history, civics 21 education, citizenship rights, and responsibil- 22 ities; 23 (E) promoting an understanding of the 24 form of government and history of the United 25 States and the principles of the Constitution; EAS13500 S.L.C. 390 1 (F) improving financial literacy; and 2 (G) focusing on other key areas of impor- 3 tance to integration in our society; and 4 (4) to engage receiving communities in the citi- 5 zenship and civic integration process by-- 6 (A) increasing local service capacity; 7 (B) building meaningful connections be- 8 tween newer immigrants and long-time resi- 9 dents; (C) communicating the contributions of re- 10 11 ceiving communities and new immigrants; and (D) engaging leaders from all sectors of 12 13 14 15 the community. (e) REPORTING AND EVALUATION.-- (1) ANNUAL REPORT.--Each grant recipient 16 shall submit an annual report to the Office that de- 17 scribes-- 18 (A) the activities undertaken by the grant 19 recipient, including how such activities meet the 20 goals of the Office, the Foundation, and the 21 comprehensive plan described in subsection 22 (d)(3); 23 (B) the geographic areas being served; 24 (C) the number of immigrants in such 25 areas; and EAS13500 S.L.C. 391 1 (D) the primary languages spoken in such 2 areas. 3 (2) ANNUAL EVALUATION.--The Chief shall 4 conduct an annual evaluation of the grant program 5 established under this section-- 6 7 (A) to assess and improve the effectiveness of such grant program; 8 (B) to assess the future needs of immi- 9 grants and of State and local governments re- 10 lated to immigrants; and 11 (C) to ensure that grantees recipients and 12 subgrantees are acting within the scope and 13 purpose of this subchapter. 14 15 SEC. 2539. NATURALIZATION CEREMONIES. (a) IN GENERAL.--The Chief, in consultation with 16 the Director of the National Park Service, the Archivist 17 of the United States, and other appropriate Federal offi18 cials, shall develop and implement a strategy to enhance 19 the public awareness of naturalization ceremonies. 20 (b) VENUES.--In developing the strategy under sub- 21 section (a), the Secretary shall consider the use of out22 standing and historic locations as venues for select natu23 ralization ceremonies. 24 (c) REPORTING REQUIREMENT.--The Secretary shall 25 annually submit a report to Congress that contains-- EAS13500 S.L.C. 392 1 2 3 4 (1) the content of the strategy developed under subsection (a); and (2) the progress made towards the implementation of such strategy. CHAPTER 3--FUNDING 5 6 7 8 SEC. 2541. AUTHORIZATION OF APPROPRIATIONS. (a) OFFICE CANS.--In OF CITIZENSHIP AND NEW AMERI- addition to any amounts otherwise made avail- 9 able to the Office, there are authorized to be appropriated 10 to carry out the functions described in section 451(f)(2) 11 of the Homeland Security Act of 2002 (6 U.S.C. 12 271(f)(2)), as amended by section 2511(b)-- 13 14 15 (1) $10,000,000 for the 5-year period ending on September 30, 2018; and (2) such sums as may be necessary for fiscal 16 year 2019 and subsequent fiscal years. 17 (b) GRANT PROGRAMS.--There are authorized to be 18 appropriated to implement the grant programs authorized 19 under sections 2537 and 2538, and to implement the 20 strategy under section 2539-- 21 22 23 24 (1) $100,000,000 for the 5-year period ending on September 30, 2018; and (2) such sums as may be necessary for fiscal year 2019 and subsequent fiscal years. EAS13500 S.L.C. 393 1 CHAPTER 4--REDUCE BARRIERS TO 2 NATURALIZATION 3 SEC. 2551. WAIVER OF ENGLISH REQUIREMENT FOR SEN- 4 5 IOR NEW AMERICANS. Section 312 (8 U.S.C. 1423) is amended by striking 6 subsection (b) and inserting the following: 7 ''(b) The requirements under subsection (a) shall not 8 apply to any person who-- 9 ''(1) is unable to comply with such require- 10 ments because of physical or developmental disability 11 or mental impairment; or 12 ''(2) on the date on which the person's applica- 13 tion for naturalization is filed under section 334-- 14 ''(A) is older than 65 years of age; and 15 ''(B) has been living in the United States 16 for periods totaling at least 5 years after being 17 lawfully admitted for permanent residence. 18 ''(c) The requirement under subsection (a)(1) shall 19 not apply to any person who, on the date on which the 20 person's application for naturalization is filed under sec21 tion 334-- 22 ''(1) is older than 50 years of age and has been 23 living in the United States for periods totaling at 24 least 20 years after being lawfully admitted for per- 25 manent residence; EAS13500 S.L.C. 394 1 ''(2) is older than 55 years of age and has been 2 living in the United States for periods totaling at 3 least 15 years after being lawfully admitted for per- 4 manent residence; or 5 ''(3) is older than 60 years of age and has been 6 living in the United States for periods totaling at 7 least 10 years after being lawfully admitted for per- 8 manent residence. 9 ''(d) The Secretary of Homeland Security may waive, 10 on a case-by-case basis, the requirement under subsection 11 (a)(2) on behalf of any person who, on the date on which 12 the person's application for naturalization is filed under 13 section 334-- 14 ''(1) is older than 60 years of age; and 15 ''(2) has been living in the United States for 16 periods totaling at least 10 years after being lawfully 17 admitted for permanent residence.''. 18 19 20 21 SEC. 2552. FILING OF APPLICATIONS NOT REQUIRING REGULAR INTERNET ACCESS. (a) ELECTRONIC FILING NOT REQUIRED.-- (1) IN GENERAL.--The Secretary may not re- 22 quire that an applicant or petitioner for permanent 23 residence or citizenship of the United States use an 24 electronic method to file any application, or access to 25 a customer account. EAS13500 S.L.C. 395 1 (2) SUNSET DATE.--This subsection shall cease 2 to be effective on October 1, 2020. 3 (b) NOTIFICATION REQUIREMENT.--Beginning on 4 October 1, 2020, the Secretary may not require that an 5 applicant or petitioner for permanent residence or citizen6 ship of the United States use an electronic method to file 7 any application, or access to a customer account unless 8 the Secretary notifies the Committee on Homeland Secu9 rity and Governmental Affairs of the Senate and the Com10 mittee on Homeland Security of the House of Representa11 tives of such requirement not later than 30 days before 12 the effective date of such requirement. 16 TITLE III--INTERIOR ENFORCEMENT Subtitle A--Employment Verification System 17 SEC. 3101. UNLAWFUL EMPLOYMENT OF UNAUTHORIZED 13 14 15 18 19 ALIENS. (a) IN GENERAL.--Section 274A (8 U.S.C. 1324a) 20 is amended to read as follows: 21 22 ''SEC. 274A. UNLAWFUL EMPLOYMENT OF ALIENS. ''(a) MAKING EMPLOYMENT OF UNAUTHORIZED 23 ALIENS UNLAWFUL.-- 24 25 ''(1) IN ployer-- GENERAL.--It is unlawful for an em- EAS13500 S.L.C. 396 1 ''(A) to hire, recruit, or refer for a fee an 2 alien for employment in the United States 3 knowing that the alien is an unauthorized alien 4 with respect to such employment; or 5 ''(B) to hire, recruit, or refer for a fee for 6 employment in the United States an individual 7 without complying with the requirements under 8 subsections (c) and (d). 9 ''(2) CONTINUING 10 EMPLOYMENT.-- ''(A) PROHIBITION ON CONTINUED EM- 11 PLOYMENT OF UNAUTHORIZED ALIENS.--It 12 unlawful for an employer, after hiring an alien 13 for employment, to continue to employ the alien 14 in the United States knowing that the alien is 15 (or has become) an unauthorized alien with re- 16 spect to such employment. 17 ''(B) PROHIBITION is ON CONSIDERATION OF STATUS.--Nothing 18 PREVIOUS 19 in this section may be construed to prohibit the 20 employment of an individual who is authorized 21 for employment in the United States if such in- 22 dividual was previously an unauthorized alien. 23 ''(3) USE UNAUTHORIZED OF LABOR THROUGH CONTRACT.-- 24 For purposes of this section, any employer that uses 25 a contract, subcontract, or exchange to obtain the EAS13500 S.L.C. 397 1 labor of an alien in the United States while knowing 2 that the alien is an unauthorized alien with respect 3 to performing such labor shall be considered to have 4 hired the alien for employment in the United States 5 in violation of paragraph (1)(A). 6 ''(4) USE OF STATE EMPLOYMENT 7 DOCUMENTATION.--For 8 (1)(B), (5), and (6), an employer shall be deemed to 9 have complied with the requirements under sub- 10 section (c) with respect to the hiring of an individual 11 who was referred for such employment by a State 12 employment agency (as defined by the Secretary) if 13 the employer has and retains (for the period and in 14 the manner described in subsection (c)(3)) appro- 15 priate documentation of such referral by such agen- 16 cy, certifying that such agency has complied with the 17 procedures described in subsection (c) with respect 18 to the individual's referral. An employer that relies 19 on a State agency's certification of compliance with 20 subsection (c) under this paragraph may utilize and 21 retain the State agency's certification of compliance 22 with the procedures described in subsection (d), if 23 any, in the manner provided under this paragraph. 24 ''(5) GOOD purposes FAITH DEFENSE.-- of AGENCY paragraphs EAS13500 S.L.C. 398 1 ''(A) DEFENSE.--An employer, person, or 2 entity that hires, employs, recruits, or refers in- 3 dividuals for employment in the United States, 4 or is otherwise obligated to comply with the re- 5 quirements under this section and establishes 6 good faith compliance with the requirements 7 under paragraphs (1) through (4) of subsection 8 (c) and subsection (d)-- 9 ''(i) has established an affirmative de- 10 fense that the employer, person, or entity 11 has not violated paragraph (1)(A) with re- 12 spect to hiring and employing; and 13 ''(ii) has established compliance with 14 its obligations under subparagraph (A) and 15 (B) of paragraph (1) and subsection (c) 16 unless the Secretary demonstrates that the 17 employer had knowledge that an individ- 18 uals hired, employed, recruited, or referred 19 by the employer, person, or entity is an au- 20 thorized alien. 21 ''(B) FAILURE TO OBTAIN 22 VERIFICATION.--An employer that has made 23 the inquiry under subsection (d) with respect to 24 an individual, but has not received an appro- 25 priate verification of the identity and work eligi- EAS13500 S.L.C. 399 1 bility of such individual from the System within 2 the time period specified in subsection (d)(4)(C) 3 may retain the defense under subparagraph (A) 4 if the employer timely records in the System the 5 reasons the employer continues to employ the 6 individual. 7 ''(C) EXCEPTION FOR CERTAIN EMPLOY- 8 ERS.--An 9 ticipate in the System or who is participating in 10 the System on a voluntary basis pursuant to 11 subsection (d)(2)(I) has established an affirma- 12 tive defense under subparagraph (A) and need 13 not demonstrate compliance with the require- 14 ments under subsection (d). 15 ''(6) GOOD 16 employer who is not required to par- FAITH COMPLIANCE.-- ''(A) IN GENERAL.--Except as otherwise 17 provided in this subsection, an employer, per- 18 son, or entity is considered to have complied 19 with a requirement under this subsection not- 20 withstanding a technical or procedural failure 21 to meet such requirement if there was a good 22 faith attempt to comply with the requirement. 23 ''(B) EXCEPTION IF FAILURE TO CORRECT 24 AFTER NOTICE.--Subparagraph 25 apply if-- (A) shall not EAS13500 S.L.C. 400 1 ''(i) the failure is not de minimis; 2 ''(ii) the Secretary of Homeland Secu- 3 rity has explained to the employer, person, 4 or entity the basis for the failure and why 5 it is not de minimis; 6 ''(iii) the employer, person, or entity 7 has been provided a period of not less than 8 30 days (beginning after the date of the 9 explanation) to correct the failure; and 10 ''(iv) the employer, person, or entity 11 has not corrected the failure voluntarily 12 within such period. 13 ''(C) EXCEPTION FOR PATTERN OR PRAC- 14 TICE VIOLATORS.--Subparagraph (A) shall not 15 apply to an employer, person, or entity that has 16 engaged or is engaging in a pattern or practice 17 of violations of paragraph (1)(A) or (2). 18 ''(7) PRESUMPTION.--After the date on which 19 an employer is required to participate in the System 20 under subsection (d), the employer is presumed to 21 have acted with knowledge for purposes of para- 22 graph (1)(A) if the employer hires, employs, re- 23 cruits, or refers an employee and fails to make an 24 inquiry to verify the employment authorization sta- 25 tus of the employee through the System. EAS13500 S.L.C. 401 1 ''(8) CONTINUED APPLICATION OF WORKFORCE 2 AND LABOR PROTECTION REMEDIES DESPITE UNAU- 3 THORIZED EMPLOYMENT.--An 4 deny an employee back pay or any other remedy pro- 5 vided under any Federal, State, or local law relating 6 to workplace rights, and a court may not prohibit an 7 employee from pursuing other causes of action giv- 8 ing rise to liability, except any reinstatement remedy 9 prohibited by Federal law, on account of the employ- 10 ee's status as an unauthorized alien, either during or 11 after the period of employment by the employer. employer may not 12 ''(9) AVAILABILITY OF REINSTATEMENT AND 13 RELIEF.--Reinstatement and all other appropriate 14 relief shall be available to individuals who-- 15 ''(A) are lawfully present in the United 16 States at the time such relief is requested; and 17 ''(B) lost employment authorized status 18 due to the unlawful acts of the employer and 19 for whom reinstatement would restore such sta- 20 tus. 21 22 23 ''(b) DEFINITIONS.--In this section: ''(1) COMMISSIONER.--The term 'Commis- sioner' means the Commissioner of Social Security. EAS13500 S.L.C. 402 1 ''(2) DEPARTMENT.--Except as otherwise pro- 2 vided, the term 'Department' means the Department 3 of Homeland Security. 4 ''(3) EMPLOYER.--The term 'employer' means 5 any person or entity, including an agency or depart- 6 ment of a Federal, State, or local government, an 7 agent, or a System service provider, that hires, em- 8 ploys, recruits, or refers for a fee an individual for 9 employment in the United States that is not casual, 10 sporadic, irregular, or intermittent (as defined by 11 the Secretary). 12 ''(4) EMPLOYMENT AUTHORIZED STATUS.--The 13 term 'employment authorized status' means, with re- 14 spect to an individual, that the individual is author- 15 ized to be employed in the United States under the 16 immigration laws of the United States. 17 ''(5) SECRETARY.--Except as otherwise specifi- 18 cally provided, the term 'Secretary' means the Sec- 19 retary of Homeland Security. 20 ''(6) SYSTEM.--The term 'System' means the 21 Employment Verification System established under 22 subsection (d). 23 24 ''(7) UNAUTHORIZED ALIEN.--The term 'unau- thorized alien' means an alien who, with respect to EAS13500 S.L.C. 403 1 employment in the United States at a particular 2 time-- 3 4 5 ''(A) is not lawfully admitted for permanent residence; or ''(B) is not authorized to be employed 6 under this Act or by the Secretary. 7 ''(8) WORKPLACE RIGHTS.--The term 'work- 8 place rights' means rights guaranteed under Fed- 9 eral, State, or local labor or employment laws, in- 10 cluding laws concerning wages and hours, benefits 11 and employment standards, labor relations, work- 12 place health and safety, work-related injuries, non- 13 discrimination, and retaliation for exercising rights 14 under such laws. 15 ''(c) DOCUMENT VERIFICATION REQUIREMENTS.-- 16 Any employer hiring an individual for employment in the 17 United States shall comply with the following require18 ments and the requirements under subsection (d) to verify 19 that the individual has employment authorized status: 20 21 22 23 ''(1) ATTESTATION AFTER EXAMINATION OF DOCUMENTATION.-- ''(A) IN GENERAL.-- ''(i) EXAMINATION BY EMPLOYER.-- 24 An employer shall attest, under penalty of 25 perjury on a form prescribed by the Sec- EAS13500 S.L.C. 404 1 retary, that the employer has verified the 2 identity and employment authorization sta- 3 tus of the individual-- ''(I) by examining-- 4 ''(aa) a document specified 5 in subparagraph (C); or 6 7 ''(bb) a document specified 8 in subparagraph (D) and a docu- 9 ment specified in subparagraph 10 (E); and 11 ''(II) by utilizing an identity au- 12 thentication mechanism described in 13 clause (iii) or (iv) of subparagraph 14 (F). 15 ''(ii) PUBLICATION OF DOCUMENTS.-- 16 The Secretary shall publish a picture of 17 each document specified in subparagraphs 18 (C) and (E) on the U.S. Citizenship and 19 Immigration Services' website. 20 ''(B) REQUIREMENTS.-- 21 22 ''(i) FORM.--The form referred to in subparagraph (A)(i)-- 23 ''(I) shall be prescribed by the 24 Secretary not later than 6 months 25 after the date of the enactment of the EAS13500 S.L.C. 405 1 Border Security, Economic Oppor- 2 tunity, and Immigration Moderniza- 3 tion Act; 4 ''(II) shall be available as-- 5 ''(aa) a paper form; 6 ''(bb) a form that may be 7 completed by an employer via 8 telephone; 9 ''(cc) an electronic form; or 10 ''(dd) a form that is inte- 11 grated electronically with the re- 12 quirements under subsection (d). 13 ''(ii) ATTESTATION.--Each such form 14 shall require the employer to sign an attes- 15 tation with a handwritten, electronic, or 16 digital pin code signature, according to 17 standards prescribed by the Secretary. 18 ''(iii) COMPLIANCE.--An employer has 19 complied with the requirements under this 20 paragraph with respect to examination of 21 the documents included in subclauses (I) 22 and (II) of subparagraph (A)(i) if-- 23 ''(I) the employer has, in good 24 faith, followed applicable regulations EAS13500 S.L.C. 406 1 and any written procedures or instruc- 2 tions provided by the Secretary; and 3 ''(II) a reasonable person would 4 conclude that the documentation is 5 genuine and relates to the individual 6 presenting such documentation. ''(C) DOCUMENTS 7 8 TITY 9 TUS.--A AND ESTABLISHING EMPLOYMENT AUTHORIZED IDENSTA- document is specified in this subpara- 10 graph if the document is unexpired (unless the 11 validity of the document is extended by law) 12 and is 1 of the following: 13 ''(i) A United States passport or pass- 14 port card issued to an individual pursuant 15 to the Secretary of State's authority under 16 the Act entitled 'An Act to regulate the 17 issue and validity of passports, and for 18 other purposes', approved July 3, 1926 (22 19 U.S.C. 211a). 20 ''(ii) A document issued to an alien 21 evidencing that the alien is lawfully admit- 22 ted for permanent residence or another 23 document issued to an individual evidenc- 24 ing the individual's employment authorized EAS13500 S.L.C. 407 1 status, as designated by the Secretary, if 2 the document-- 3 ''(I) contains a photograph of the 4 individual, or such other personal 5 identifying information relating to the 6 individual as the Secretary deter- 7 mines, by regulation, to be sufficient 8 for the purposes of this subparagraph; 9 ''(II) is evidence of employment 10 authorized status; and 11 ''(III) contains security features 12 to make the document resistant to 13 tampering, counterfeiting, and fraudu- 14 lent use. 15 ''(iii) An enhanced driver's license or 16 identification card issued to a national of 17 the United States by a State or a federally 18 recognized Indian tribe that-- 19 ''(I) meets the requirements 20 under section 202 of the REAL ID 21 Act of 2005 (division B of Public Law 22 109-13; 49 U.S.C. 30301 note); and 23 ''(II) the Secretary has certified 24 by notice published in the Federal 25 Register and through appropriate no- EAS13500 S.L.C. 408 1 tice directly to employers registered in 2 the System 3 months prior to publica- 3 tion that such enhanced license or 4 card is suitable for use under this 5 subparagraph based upon the accu- 6 racy and security of the issuance proc- 7 ess, security features on the docu- 8 ment, and such other factors as the 9 Secretary may prescribe. 10 ''(iv) A passport issued by the appro- 11 priate authority of a foreign country ac- 12 companied by a Form I-94 or Form I-94A 13 (or similar successor form), or other docu- 14 mentation as designated by the Secretary 15 that specifies the individual's status in the 16 United States and the duration of such 17 status if the proposed employment is not 18 in conflict with any restriction or limitation 19 specified on such form or documentation. 20 ''(v) A passport issued by the Fed- 21 erated States of Micronesia or the Repub- 22 lic of the Marshall Islands with evidence of 23 nonimmigrant admission to the United 24 States under the Compact of Free Associa- 25 tion between the United States and the EAS13500 S.L.C. 409 1 Federated States of Micronesia or the Re- 2 public of the Marshall Islands. 3 ''(D) DOCUMENTS ESTABLISHING IDEN- 4 TITY OF INDIVIDUAL.--A document is specified 5 in this subparagraph if the document is unex- 6 pired (unless the validity of the document is ex- 7 tended by law) and is 1 of the following: 8 ''(i) A driver's license or identity card 9 that is not described in subparagraph 10 (C)(iii) and is issued to an individual by a 11 State or an outlying possession of the 12 United States, a federally recognized In- 13 dian tribe, or an agency (including mili- 14 tary) of the Federal Government if the 15 driver's license or identity card includes, at 16 a minimum-- 17 ''(I) the individual's photograph, 18 name, date of birth, gender, and driv- 19 er's license or identification card num- 20 ber, and 21 ''(II) security features to make 22 the license or card resistant to tam- 23 pering, counterfeiting, and fraudulent 24 use. 25 ''(ii) A voter registration card. EAS13500 S.L.C. 410 1 ''(iii) A document that complies with 2 the requirements under section 7209(b)(1) 3 of the Intelligence Reform and Terrorism 4 Prevention Act of 2004 (Public Law 108- 5 458; 8 U.S.C. 1185 note). 6 ''(iv) For individuals under 18 years 7 of age who are unable to present a docu- 8 ment listed in clause (i) or (ii), documenta- 9 tion of personal identity of such other type 10 as the Secretary determines will provide a 11 reliable means of identification, which may 12 include an attestation as to the individual's 13 identity by a person 21 years of age or 14 older under penalty of perjury. 15 ''(E) DOCUMENTS 16 MENT AUTHORIZATION.--A 17 fied in this subparagraph if the document is un- 18 expired (unless the validity of the document is 19 extended by law) and is 1 of the following: EVIDENCING EMPLOY- document is speci- 20 ''(i) A social security account number 21 card issued by the Commissioner, other 22 than a card which specifies on its face that 23 the card is not valid to evidence employ- 24 ment authorized status or has other simi- 25 lar words of limitation. EAS13500 S.L.C. 411 1 ''(ii) Any other documentation evi- 2 dencing employment authorized status that 3 the Secretary determines and publishes in 4 the Federal Register and through appro- 5 priate notice directly to employers reg- 6 istered within the System to be acceptable 7 for purposes of this subparagraph if such 8 documentation, including any electronic se- 9 curity measures linked to such documenta- 10 tion, contains security features to make 11 such documentation resistant to tam- 12 pering, counterfeiting, and fraudulent use. 13 ''(F) IDENTITY 14 15 16 17 AUTHENTICATION MECHA- NISM.-- ''(i) DEFINITIONS.--In this subparagraph: ''(I) COVERED IDENTITY DOCU- 18 MENT.--The term 'covered identity 19 document' means a valid-- 20 ''(aa) United States pass- 21 port, passport card, or a docu- 22 ment evidencing lawful perma- 23 nent residence status or employ- 24 ment authorized status issued to 25 an alien; EAS13500 S.L.C. 412 1 ''(bb) enhanced driver's li- 2 cense or identity card issued by a 3 participating State; or ''(cc) photograph and appro- 4 5 priate identifying information 6 provided by the Secretary of 7 State pursuant to the granting of 8 a visa. 9 ''(II) PARTICIPATING STATE.-- 10 The term 'participating State' means 11 a State that has an agreement with 12 the Secretary to provide the Sec- 13 retary, 14 verification in the System, with photo- 15 graphs and appropriate identifying in- 16 formation maintained by the State. 17 ''(ii) REQUIREMENT for purposes of FOR identity IDENTITY 18 AUTHENTICATION.--In addition to 19 verifying the documents specified in sub- 20 paragraph (C), (D), or (E) and utilizing 21 the System under subsection (d), each em- 22 ployer shall use an identity authentication 23 mechanism described in clause (iii) or pro- 24 vided in clause (iv) after it becomes avail- EAS13500 S.L.C. 413 1 able to verify the identity of each indi- 2 vidual the employer seeks to hire. 3 ''(iii) PHOTO 4 ''(I) TOOL.-- USE REQUIREMENT.--An 5 employer seeking to hire an individual 6 who has a covered identity document 7 shall verify the identity of such indi- 8 vidual using the photo tool described 9 in subclause (II). ''(II) DEVELOPMENT 10 REQUIRE- 11 MENT.--The 12 and maintain a photo tool that en- 13 ables employers to match the photo on 14 a covered identity document provided 15 to the employer to a photo maintained 16 by a U.S. Citizenship and Immigra- 17 tion Services database. 18 ''(iv) ADDITIONAL 19 20 Secretary shall develop SECURITY MEAS- URES.-- ''(I) USE REQUIREMENT.--An 21 employer seeking to hire an individual 22 whose identity may not be verified 23 using the photo tool described in 24 clause (iii) shall verify the identity of 25 such individual using the additional EAS13500 S.L.C. 414 1 security measures described in sub- 2 clause (II). 3 ''(II) DEVELOPMENT REQUIRE- 4 MENT.--The Secretary shall develop, 5 after publication in the Federal Reg- 6 ister and an opportunity for public 7 comment, specific and effective addi- 8 tional security measures to adequately 9 verify the identity of an individual 10 whose identity may not be verified 11 using the photo tool described in 12 clause (iii). Such additional security 13 measures-- 14 ''(aa) shall be kept up-to- 15 date with technological advances; 16 and 17 ''(bb) shall provide a means 18 of identity authentication in a 19 manner that provides a high level 20 of certainty as to the identity of 21 such individual, using immigra- 22 tion and identifying information 23 that may include review of iden- 24 tity documents or background 25 screening verification techniques EAS13500 S.L.C. 415 1 using publicly available informa- 2 tion. 3 ''(G) AUTHORITY 4 CERTAIN DOCUMENTS.--If 5 mines, after publication in the Federal Register 6 and an opportunity for public commit, that any 7 document or class of documents specified in 8 subparagraph (B), (C), or (D) does not reliably 9 establish identity or that employment author- 10 ized status is being used fraudulently to an un- 11 acceptable degree, the Secretary-- TO PROHIBIT USE OF the Secretary deter- 12 ''(i) may prohibit or restrict the use of 13 such document or class of documents for 14 purposes of this subsection; and 15 ''(ii) shall directly notify all employers 16 registered within the System of the prohi- 17 bition through appropriate means. 18 ''(H) AUTHORITY TO ALLOW USE OF CER- 19 TAIN DOCUMENTS.--If the Secretary has deter- 20 mined that another document or class of docu- 21 ments, such as a document issued by a federally 22 recognized Indian tribe, may be used to reliably 23 establish identity or employment authorized sta- 24 tus, the Secretary-- EAS13500 S.L.C. 416 1 ''(i) may allow the use of that docu- 2 ment or class of documents for purposes of 3 this subsection after publication in the 4 Federal Register and an opportunity for 5 public comment; 6 ''(ii) shall publish a description of any 7 such document or class of documents on 8 the U.S. Citizenship and Immigration 9 Services' website; and 10 ''(iii) shall directly notify all employ- 11 ers registered within the System of the 12 prohibition through appropriate means. 13 ''(2) INDIVIDUAL ATTESTATION OF EMPLOY- 14 MENT AUTHORIZATION.--An individual, upon com- 15 mencing employment with an employer, shall-- 16 ''(A) attest, under penalty of perjury, on 17 the form prescribed by the Secretary, that the 18 individual is-- 19 ''(i) a national of the United States; 20 ''(ii) an alien lawfully admitted for 21 22 23 24 25 permanent residence; ''(iii) an alien who has employment authorized status; or ''(iv) otherwise authorized by the Secretary to be hired for such employment; EAS13500 S.L.C. 417 1 ''(B) provide such attestation by a hand- 2 written, electronic, or digital pin code signature; 3 and 4 ''(C) provide the individual's social security 5 account number to the Secretary, unless the in- 6 dividual has not yet been issued such a number, 7 on such form as the Secretary may require. 8 ''(3) RETENTION 9 ''(A) IN OF VERIFICATION RECORD.-- GENERAL.--After completing a 10 form for an individual in accordance with para- 11 graphs (1) and (2), the employer shall retain a 12 version of such completed form and make such 13 form available for inspection by the Secretary 14 or the Office of Special Counsel for Immigra- 15 tion-Related Unfair Employment Practices of 16 the Department of Justice during the period be- 17 ginning on the hiring date of the individual and 18 ending on the later of-- 19 20 ''(i) the date that is 3 years after such hiring date; or 21 ''(ii) the date that is 1 year after the 22 date on which the individual's employment 23 with the employer is terminated. 24 ''(B) REQUIREMENT 25 TENTION.--The FOR ELECTRONIC RE- Secretary-- EAS13500 S.L.C. 418 1 ''(i) shall permit an employer to retain 2 the form described in subparagraph (A) in 3 electronic form; and 4 ''(ii) may permit an employer to re- 5 tain such form in paper, microfiche, micro- 6 film, or other media. 7 ''(4) COPYING OF DOCUMENTATION AND REC- 8 ORDKEEPING.--The 9 Secretary may promulgate regu- lations regarding-- 10 ''(A) copying documents and related infor- 11 mation pertaining to employment verification 12 presented by an individual under this sub- 13 section; and 14 ''(B) retaining such information during a 15 period not to exceed the required retention pe- 16 riod set forth in paragraph (3). 17 ''(5) PENALTIES.--An employer that fails to 18 comply with any requirement under this subsection 19 may be penalized under subsection (e)(4)(B). 20 ''(6) PROTECTION 21 ''(A) IN OF CIVIL RIGHTS.-- GENERAL.--Nothing in this sec- 22 tion may be construed to diminish any rights 23 otherwise protected by Federal law. 24 25 ''(B) PROHIBITION ON DISCRIMINATION.-- An employer shall use the procedures for docu- EAS13500 S.L.C. 419 1 ment verification set forth in this paragraph for 2 all employees without regard to race, color, reli- 3 gion, sex, national origin, or, unless specifically 4 permitted in this section, to citizenship status. 5 ''(7) RECEIPTS.--The Secretary may authorize 6 the use of receipts for replacement documents, and 7 temporary evidence of employment authorization by 8 an individual to meet a documentation requirement 9 under this subsection on a temporary basis not to 10 exceed 1 year, after which time the individual shall 11 provide documentation sufficient to satisfy the docu- 12 mentation requirements under this subsection. 13 ''(8) NO AUTHORIZATION OF NATIONAL IDENTI- 14 FICATION CARDS.--Nothing 15 construed to directly or indirectly authorize the 16 issuance, use, or establishment of a national identi- 17 fication card. 18 ''(d) EMPLOYMENT VERIFICATION SYSTEM.-- 19 ''(1) IN in this section may be GENERAL.-- 20 ''(A) ESTABLISHMENT.--The Secretary, in 21 consultation with the Commissioner, shall es- 22 tablish the Employment Verification System. 23 24 ''(B) MONITORING.--The Secretary shall create the necessary processes to monitor-- EAS13500 S.L.C. 420 1 ''(i) the functioning of the System, in- 2 cluding the volume of the workflow, the 3 speed of processing of queries, the speed 4 and accuracy of responses; 5 ''(ii) the misuse of the System, includ- 6 ing the prevention of fraud or identity 7 theft; 8 ''(iii) whether the use of the System 9 results in wrongful adverse actions or dis- 10 crimination based upon a prohibited factor 11 against nationals of the United States or 12 individuals who have employment author- 13 ized status; and 14 ''(iv) the security, integrity, and pri- 15 vacy of the System. 16 ''(C) PROCEDURES.--The Secretary-- 17 ''(i) shall create processes to provide 18 an individual with direct access to the indi- 19 vidual's case history in the System, includ- 20 ing-- 21 ''(I) the identities of all persons 22 or entities that have queried the indi- 23 vidual through the System; 24 25 ''(II) the date of each such query; and EAS13500 S.L.C. 421 ''(III) the System response for 1 2 each such query; and 3 ''(ii) in consultation with the Commissioner, may develop-- 4 5 ''(I) protocols to notify an indi- 6 vidual, in a timely manner through 7 the use of electronic correspondence 8 or mail, that a query for the indi- 9 vidual has been processed through the System; or 10 11 ''(II) a process for the individual 12 to submit additional queries to the 13 System or notify the Secretary of po- 14 tential identity fraud. 15 ''(2) PARTICIPATION 16 ''(A) FEDERAL REQUIREMENTS.-- GOVERNMENT.--Except as 17 provided in clause (ii), all agencies and depart- 18 ments in the executive, legislative, or judicial 19 branches of the Federal Government shall par- 20 ticipate in the System beginning on the earlier 21 of-- 22 ''(i) the date of the enactment of the 23 Border Security, Economic Opportunity, 24 and Immigration Modernization Act, to the 25 extent required under section 402(e)(1) of EAS13500 S.L.C. 422 1 the Illegal Immigration Reform and Immi- 2 grant Responsibility Act of 1996 (division 3 C of Public Law 104-208; 8 U.S.C. 4 1324a) and as already implemented by 5 each agency or department; or 6 ''(ii) the date that is 90 days after the 7 date of the enactment of the Border Secu- 8 rity, Economic Opportunity, and Immigra- 9 tion Modernization Act. 10 ''(B) FEDERAL CONTRACTORS.--Federal 11 contractors shall participate in the System as 12 provided in the final rule relating to employ- 13 ment eligibility verification published in the 14 Federal Register on November 14, 2008 (73 15 Fed. Reg. 67,651), or any similar subsequent 16 regulation, for which purpose references to E- 17 Verify in the final rule shall be construed to 18 apply to the System. 19 20 ''(C) CRITICAL ''(i) IN INFRASTRUCTURE.-- GENERAL.--Beginning on the 21 date that is 1 year after the date on which 22 regulations are published implementing 23 this subsection, the Secretary may author- 24 ize or direct any employer, person, or enti- 25 ty responsible for granting access to, pro- EAS13500 S.L.C. 423 1 tecting, securing, operating, administering, 2 or regulating part of the critical infrastruc- 3 ture (as defined in section 1016(e) of the 4 Critical Infrastructure Protection Act of 5 2001 (42 U.S.C. 5195c(e))) to participate 6 in the System to the extent the Secretary 7 determines that such participation will as- 8 sist in the protection of the critical infra- 9 structure. 10 ''(ii) NOTIFICATION TO EMPLOY- 11 ERS.--The Secretary shall notify an em- 12 ployer required to participate in the Sys- 13 tem under this subparagraph not later 14 than 90 days before the date on which the 15 employer is required to participate. 16 ''(D) EMPLOYERS WITH MORE THAN 5,000 17 EMPLOYEES.--Not 18 ulations are published implementing this sub- 19 section, all employers with more than 5,000 em- 20 ployees shall participate in the System with re- 21 spect to all newly hired employees and employ- 22 ees with expiring temporary employment au- 23 thorization documents. 24 ''(E) EMPLOYERS 25 EMPLOYEES.--Not later than 2 years after reg- WITH MORE THAN 500 later than 3 years after reg- EAS13500 S.L.C. 424 1 ulations are published implementing this sub- 2 section, all employers with more than 500 em- 3 ployees shall participate in the System with re- 4 spect to all newly hired employees and employ- 5 ees with expiring temporary employment au- 6 thorization documents. 7 ''(F) AGRICULTURAL LABOR OR SERV- 8 ICES.--With 9 agricultural labor or services (as defined for 10 purposes of section 101(a)(15)(H)(ii)(a)), this 11 paragraph shall not apply with respect to the 12 verification of the employee until the date that 13 is 4 years after the date of the enactment of the 14 Legal Workforce Act. An employee described in 15 this clause shall not be counted for purposes of 16 subparagraph (D) or (E). 17 respect to an employee performing ''(G) ALL EMPLOYERS.--Except as pro- 18 vided in subparagraph (I), not later than 4 19 years after regulations are published imple- 20 menting this subsection, all employers shall par- 21 ticipate in the System with respect to all newly 22 hired employees and employees with expiring 23 temporary 24 ments. employment authorization docu- EAS13500 S.L.C. 425 1 2 3 ''(H) TRIBAL GOVERNMENT EMPLOY- ERS.-- ''(i) RULEMAKING.--In developing 4 regulations to implement this subsection, 5 the Secretary shall-- 6 ''(I) consider the effects of this 7 section on federally recognized Indian 8 tribes and tribal members; and 9 ''(II) consult with the govern- 10 ments of federally recognized Indian 11 tribes. 12 ''(ii) REQUIRED PARTICIPATION.--Not 13 later than 5 years after regulations are 14 published implementing this subsection, all 15 employers owned by, or entities of, the gov- 16 ernment of a federally recognized Indian 17 tribe shall participate in the System with 18 respect to all newly hired employees with 19 expiring temporary employment authoriza- 20 tion documents. 21 ''(I) IMMIGRATION 22 ''(i) ORDERS LAW VIOLATORS.-- FINDING VIOLATIONS.-- 23 An order finding any employer to have vio- 24 lated this section or section 274C may, in 25 the Secretary's discretion, require the em- EAS13500 S.L.C. 426 1 ployer to participate in the System with re- 2 spect to newly hired employees and em- 3 ployees with expiring temporary employ- 4 ment authorization documents, if such em- 5 ployer is not otherwise required to partici- 6 pate in the System under this section. The 7 Secretary shall monitor such employer's 8 compliance with System procedures. ''(ii) PATTERN 9 OR PRACTICE OF VIO- 10 LATIONS.--The Secretary may require an 11 employer that is required to participate in 12 the System with respect to newly hired em- 13 ployees to participate in the System with 14 respect to the employer's current employ- 15 ees if the employer is determined by the 16 Secretary or other appropriate authority to 17 have engaged in a pattern or practice of 18 violations of the immigration laws of the 19 United States. 20 ''(J) VOLUNTARY PARTICIPATION.--The 21 Secretary may permit any employer that is not 22 required to participate in the System under this 23 section to do so on a voluntary basis. 24 ''(3) CONSEQUENCE 25 PATE.-- OF FAILURE TO PARTICI- EAS13500 S.L.C. 427 1 ''(A) IN GENERAL.--Except as provided in 2 subparagraph (B), the failure, other than a de 3 minimis or inadvertent failure, of an employer 4 that is required to participate in the System to 5 comply with the requirements of the System 6 with respect to an individual-- 7 ''(i) shall be treated as a violation of 8 subsection (a)(1)(B) with respect to that 9 individual; and 10 ''(ii) creates a rebuttable presumption 11 that the employer has violated paragraph 12 (1)(A) or (2) of subsection (a). 13 ''(B) EXCEPTION.-- ''(i) IN 14 15 GENERAL.--Subparagraph (A) shall not apply in a criminal prosecution. ''(ii) USE 16 AS EVIDENCE.--Nothing in 17 this paragraph may be construed to limit 18 the use in the prosecution of a Federal 19 crime, in a manner otherwise consistent 20 with Federal criminal law and procedure, 21 of evidence relating to the employer's fail- 22 ure to comply with requirements of the 23 System. 24 25 ''(4) PROCEDURES SYSTEM.-- FOR PARTICIPANTS IN THE EAS13500 S.L.C. 428 1 ''(A) IN GENERAL.--An employer partici- 2 pating in the System shall register such partici- 3 pation with the Secretary and, when hiring any 4 individual for employment in the United States, 5 shall comply with the following: 6 ''(i) REGISTRATION OF EMPLOYERS.-- 7 The Secretary, through notice in the Fed- 8 eral Register, shall prescribe procedures 9 that employers shall be required to follow 10 11 to register with the System. ''(ii) UPDATING INFORMATION.--The 12 employer is responsible for providing notice 13 of any change to the information required 14 under subclauses (I), (II), and (III) of 15 clause (v) before conducting any further 16 inquiries within the System, or on such 17 other schedule as the Secretary may pre- 18 scribe. 19 ''(iii) TRAINING.--The Secretary shall 20 require employers to undergo such training 21 as the Secretary determines to be nec- 22 essary to ensure proper use, protection of 23 civil rights and civil liberties, privacy, in- 24 tegrity, and security of the System. To the 25 extent practicable, such training shall be EAS13500 S.L.C. 429 1 made available electronically on the U.S. 2 Citizenship 3 website. 4 ''(iv) and Immigration NOTIFICATION TO Services' EMPLOY- 5 EES.--The employer shall inform individ- 6 uals hired for employment that the Sys- 7 tem-- 8 ''(I) will be used by the employer; 9 ''(II) may be used for immigra- 10 tion enforcement purposes; and 11 ''(III) may not be used to dis- 12 criminate or to take adverse action 13 against a national of the United 14 States or an alien who has employ- 15 ment authorized status. 16 ''(v) PROVISION OF ADDITIONAL IN- 17 FORMATION.--The 18 from the individual (and the individual 19 shall provide) and shall record in such 20 manner as the Secretary may specify-- 21 22 employer shall obtain ''(I) the individual's social security account number; 23 ''(II) if the individual does not 24 attest to United States citizenship or 25 noncitizen nationality under sub- EAS13500 S.L.C. 430 1 section (c)(2), such identification or 2 authorization number established by 3 the Department as the Secretary shall 4 specify; and 5 ''(III) such other information as 6 the Secretary may require to deter- 7 mine the identity and employment au- 8 thorization of an individual. 9 ''(vi) PRESENTATION OF DOCUMENTA- 10 TION.--The 11 whose identity and employment authorized 12 status are being confirmed, shall fulfill the 13 requirements under subsection (c). 14 ''(B) SEEKING 15 ''(i) IN employer, and the individual CONFIRMATION.-- GENERAL.--An employer shall 16 use the System to confirm the identity and 17 employment authorized status of any indi- 18 vidual during-- 19 ''(I) the period beginning on the 20 date on which the individual accepts 21 an offer of employment and ending 3 22 business days after the date on which 23 employment begins; or 24 25 ''(II) such other reasonable period as the Secretary may prescribe. EAS13500 S.L.C. 431 1 ''(ii) LIMITATION.--An employer may 2 not make the starting date of an individ- 3 ual's employment or training or any other 4 term and condition of employment depend- 5 ent on the receipt of a confirmation of 6 identity and employment authorized status 7 by the System. 8 ''(iii) REVERIFICATION.--If an indi- 9 vidual has a limited period of employment 10 authorized status, the individual's em- 11 ployer shall reverify such status through 12 the System not later than 3 business days 13 after the last day of such period. 14 ''(iv) OTHER EMPLOYMENT.--For em- 15 ployers directed by the Secretary to par- 16 ticipate in the System under paragraph 17 (2)(C)(i) to protect critical infrastructure 18 or otherwise specified circumstances in this 19 section to verify their entire workforce, the 20 System may be used for initial verification 21 of an individual who was hired before the 22 employer became subject to the System, 23 and the employer shall initiate all required 24 procedures on or before such date as the 25 Secretary shall specify. EAS13500 S.L.C. 432 1 2 ''(v) NOTIFICATION.-- ''(I) IN GENERAL.--The Sec- 3 retary shall provide, and the employer 4 shall utilize, as part of the System, a 5 method of notifying employers of a 6 confirmation or nonconfirmation of an 7 individual's identity and employment 8 authorized status, or a notice that 9 further action is required to verify 10 such identity or employment eligibility 11 (referred to in this subsection as a 12 'further action notice'). 13 14 ''(II) PROCEDURES.--The Secretary shall establish procedures-- 15 ''(aa) to directly notify the 16 individual and the employer of a 17 confirmation, nonconfirmation, or 18 further action notice; and 19 ''(bb) to provide information 20 about filing an administrative ap- 21 peal under paragraph (6) and a 22 hearing before an administrative 23 law judge under paragraph (7). 24 ''(III) 25 IMPLEMENTATION.--The Secretary may provide for a phased-in EAS13500 S.L.C. 433 1 implementation of the notification re- 2 quirements under this clause, as ap- 3 propriate. The notification system 4 shall cover all inquiries not later than 5 1 year from the date of the enactment 6 of the Border Security, Economic Op- 7 portunity, 8 ernization Act. 9 10 11 12 and ''(C) CONFIRMATION Immigration OR Mod- NONCONFIRMA- TION.-- ''(i) INITIAL RESPONSE.-- ''(I) IN GENERAL.--Except as 13 provided in subclause (II), the System 14 shall provide-- 15 ''(aa) a confirmation of an 16 individual's identity and employ- 17 ment authorized status or a fur- 18 ther action notice at the time of 19 the inquiry; and 20 ''(bb) an appropriate code 21 indicating such confirmation or 22 such further action notice. 23 ''(II) 24 LINE.--If 25 provide immediate confirmation or ALTERNATIVE DEAD- the System is unable to EAS13500 S.L.C. 434 1 further action notice for technological 2 reasons or due to unforeseen cir- 3 cumstances, the System shall provide 4 a confirmation or further action notice 5 not later than 3 business days after 6 the initial inquiry. 7 ''(ii) CONFIRMATION UPON INITIAL 8 INQUIRY.--If the employer receives an ap- 9 propriate confirmation of an individual's 10 identity and employment authorized status 11 under the System, the employer shall 12 record the confirmation in such manner as 13 the Secretary may specify. 14 ''(iii) FURTHER ACTION NOTICE AND 15 LATER CONFIRMATION OR NONCONFIRMA- 16 TION.-- 17 ''(I) NOTIFICATION AND AC- 18 KNOWLEDGMENT THAT FURTHER AC- 19 TION IS REQUIRED.--Not 20 business days after an employer re- 21 ceives a further action notice of an in- 22 dividual's identity or employment eli- 23 gibility under the System, or during 24 such other reasonable time as the Sec- 25 retary may prescribe, the employer later than 3 EAS13500 S.L.C. 435 1 shall notify the individual for whom 2 the confirmation is sought of the fur- 3 ther action notice and any procedures 4 specified by the Secretary for address- 5 ing such notice. The further action 6 notice shall be given to the individual 7 in writing and the employer shall ac- 8 knowledge in the System under pen- 9 alty of perjury that it provided the 10 employee with the further action no- 11 tice. The individual shall affirmatively 12 acknowledge in writing, or in such 13 other manner as the Secretary may 14 specify, the receipt of the further ac- 15 tion notice from the employer. If the 16 individual refuses to acknowledge the 17 receipt of the further action notice, or 18 acknowledges in writing that the indi- 19 vidual will not contest the further ac- 20 tion notice under subclause (II), the 21 employer shall notify the Secretary in 22 such manner as the Secretary may 23 specify. 24 ''(II) CONTEST.--Not later than 25 10 business days after receiving noti- EAS13500 S.L.C. 436 1 fication of a further action notice 2 under subclause (I), the individual 3 shall contact the appropriate Federal 4 agency and, if the Secretary so re- 5 quires, appear in person for purposes 6 of verifying the individual's identity 7 and employment eligibility. The Sec- 8 retary, in consultation with the Com- 9 missioner and other appropriate Fed- 10 eral agencies, shall specify an avail- 11 able secondary verification procedure 12 to confirm the validity of information 13 provided and to provide a confirma- 14 tion or nonconfirmation. Any proce- 15 dures for reexamination shall not limit 16 in any way an employee's right to ap- 17 peal a nonconfirmation. 18 ''(III) NO CONTEST.--If the indi- 19 vidual refuses to acknowledge receipt 20 of the further action notice, acknowl- 21 edges that the individual will not con- 22 test the further action notice as pro- 23 vided in subclause (I), or does not 24 contact the appropriate Federal agen- 25 cy within the period specified in sub- EAS13500 S.L.C. 437 1 clause (II), following expiration of the 2 period specified in subclause (II), a 3 nonconfirmation shall be issued. The 4 employer shall record the noncon- 5 firmation in such manner as the Sec- 6 retary may specify and terminate the 7 individual's employment. An individ- 8 ual's failure to contest a further ac- 9 tion notice shall not be considered an 10 admission of guilt with respect to any 11 violation of this section or any provi- 12 sion of law. 13 ''(IV) CONFIRMATION OR NON- 14 CONFIRMATION.--Unless the period is 15 extended in accordance with this sub- 16 clause, the System shall provide a 17 confirmation or nonconfirmation not 18 later than 10 business days after the 19 date on which the individual contests 20 the further action notice under sub- 21 clause (II). If the Secretary deter- 22 mines that good cause exists, after 23 taking into account adverse impacts 24 to the employer, and including time to 25 permit the individual to obtain and EAS13500 S.L.C. 438 1 provide needed evidence of identity or 2 employment eligibility, the Secretary 3 shall extend the period for providing 4 confirmation or nonconfirmation for 5 stated periods beyond 10 business 6 days. When confirmation or noncon- 7 firmation is provided, the confirma- 8 tion system shall provide an appro- 9 priate code indicating such confirma- 10 tion or nonconfirmation. 11 ''(V) REEXAMINATION.--Nothing 12 in this section shall prevent the Sec- 13 retary from establishing procedures to 14 reexamine a case where a confirma- 15 tion or nonconfirmation has been pro- 16 vided if subsequently received infor- 17 mation indicates that the confirmation 18 or nonconfirmation may not have been 19 correct. Any procedures for reexam- 20 ination shall not limit in any way an 21 employee's right to appeal a noncon- 22 firmation. 23 ''(VI) EMPLOYEE PROTEC- 24 TIONS.--An employer may not termi- 25 nate employment or take any other EAS13500 S.L.C. 439 1 adverse action against an individual 2 solely because of a failure of the indi- 3 vidual to have identity and employ- 4 ment eligibility confirmed under this 5 subsection until-- ''(aa) a nonconfirmation has 6 been issued; 7 8 ''(bb) if the further action 9 notice was contested, the period 10 to timely file an administrative 11 appeal has expired without an 12 appeal; or 13 ''(cc) if an administrative 14 appeal has been filed, the non- 15 confirmation has been upheld. 16 ''(iv) NOTICE OF NONCONFIRMA- 17 TION.--Not later than 3 business days 18 after an employer receives a nonconfirma- 19 tion, or during such other reasonable time 20 as the Secretary may provide, the employer 21 shall notify the individual who is the sub- 22 ject of the nonconfirmation, and provide 23 information about filing an administrative 24 appeal pursuant to paragraph (6) and re- 25 quest for a hearing before an administra- EAS13500 S.L.C. 440 1 tive law judge pursuant to paragraph (7). 2 The nonconfirmation notice shall be given 3 to the individual in writing and the em- 4 ployer shall acknowledge in the System 5 under penalty of perjury that it provided 6 the notice (or adequately attempted to pro- 7 vide notice, but was unable to do so despite 8 reasonable efforts). The individual shall af- 9 firmatively acknowledge in writing, or in 10 such other manner as the Secretary may 11 prescribe, the receipt of the nonconfirma- 12 tion notice from the employer. If the indi- 13 vidual refuses or fails to acknowledge the 14 receipt of the nonconfirmation notice, the 15 employer shall notify the Secretary in such 16 manner as the Secretary may prescribe. 17 ''(D) CONSEQUENCES 18 19 OF NONCONFIRMA- TION.-- ''(i) TERMINATION OF as CONTINUED 20 EMPLOYMENT.--Except provided in 21 clause (iii), an employer that has received 22 a nonconfirmation regarding an individual 23 and has made reasonable efforts to notify 24 the individual in accordance with subpara- 25 graph (C)(iv) shall terminate the employ- EAS13500 S.L.C. 441 1 ment of the individual upon the expiration 2 of the time period specified in paragraph 3 (6)(A) for filing an administrative appeal 4 and paragraph (7)(A) for requesting a 5 hearing before an administrative law judge. 6 ''(ii) CONTINUED EMPLOYMENT NONCONFIRMATION.--If the em- 7 AFTER 8 ployer continues to employ an individual 9 after receiving nonconfirmation and ex- 10 haustion of all appeals or expiration of all 11 rights to appeal if not appealed, in viola- 12 tion of clause (i), a rebuttable presumption 13 is created that the employer has violated 14 paragraphs (1)(A) and (2) of subsection 15 (a). Such presumption shall not apply in 16 any prosecution under subsection (k)(1). 17 ''(iii) EFFECT OF ADMINISTRATIVE 18 APPEAL OR REVIEW BY ADMINISTRATIVE 19 LAW JUDGE.--If 20 ministrative appeal of the nonconfirmation 21 within the time period specified in para- 22 graph (6)(A), or review by an administra- 23 tive law judge specified in paragraph 24 (7)(A), the employer shall not terminate 25 the individual's employment under this an individual files an ad- EAS13500 S.L.C. 442 1 subparagraph prior to the resolution of the 2 administrative appeal unless the Secretary 3 or Commissioner terminates the stay under 4 paragraph (6)(B) or (7)(B). 5 ''(E) OBLIGATION 6 7 TO RESPOND TO QUE- RIES AND ADDITIONAL INFORMATION.-- ''(i) IN GENERAL.--Employers shall 8 comply with requests for information from 9 the Secretary and the Special Counsel for 10 Immigration-Related Unfair Employment 11 Practices of the Department of Justice, in- 12 cluding queries concerning current and 13 former employees, within the time frame 14 during which records are required to be 15 maintained under this section regarding 16 such former employees, if such information 17 relates to the functioning of the System, 18 the accuracy of the responses provided by 19 the System, or any suspected misuse, dis- 20 crimination, fraud, or identity theft in the 21 use of the System. Failure to comply with 22 a request under this clause constitutes a 23 violation of subsection (a)(1)(B). 24 ''(ii) ACTION BY INDIVIDUALS.-- EAS13500 S.L.C. 443 1 ''(I) IN GENERAL.--Individuals 2 being verified through the System 3 may be required to take further action 4 to address questions identified by the 5 Secretary or the Commissioner re- 6 garding the documents relied upon for 7 purposes of subsection (c). 8 ''(II) NOTIFICATION.--Not later 9 than 3 business days after the receipt 10 of such questions regarding an indi- 11 vidual, or during such other reason- 12 able time as the Secretary may pre- 13 scribe, the employer shall-- 14 ''(aa) notify the individual of 15 any such requirement for further 16 actions; and 17 ''(bb) shall record the date 18 and manner of such notification. 19 ''(III) ACKNOWLEDGMENT.--The 20 individual shall acknowledge the noti- 21 fication received from the employer 22 under subclause (II) in writing, or in 23 such other manner as the Secretary 24 may prescribe. 25 ''(iii) RULEMAKING.-- EAS13500 S.L.C. 444 1 ''(I) IN GENERAL.--The Sec- 2 retary, in consultation with the Com- 3 missioner, is authorized to issue regu- 4 lations implementing, clarifying, and 5 supplementing the requirements under 6 this subparagraph-- 7 ''(aa) to facilitate the func- 8 tioning, accuracy, and fairness of 9 the System; or 10 ''(bb) to prevent misuse, dis- 11 crimination, fraud, or identity 12 theft in the use of the System. 13 ''(II) NOTICE.--The regulations 14 issued under subclause (I)-- ''(aa) shall be published in 15 16 the Federal Register; and 17 ''(bb) provide directly to all 18 employers registered in the Sys- 19 tem. 20 21 ''(F) DESIGNATED AGENTS.--The Sec- retary shall establish a process-- 22 ''(i) for certifying, on an annual basis 23 or at such times as the Secretary may pre- 24 scribe, designated agents and other System 25 service providers seeking access to the Sys- EAS13500 S.L.C. 445 1 tem to perform verification queries on be- 2 half of employers, based upon training, 3 usage, privacy, and security standards pre- 4 scribed by the Secretary; and 5 ''(ii) for ensuring that designated 6 agents and other System service providers 7 are subject to monitoring to the same ex- 8 tent as direct access users. 9 ''(G) REQUIREMENT 10 11 TO PROVIDE INFOR- MATION.-- ''(i) IN GENERAL.--No later than 3 12 months after the date of the enactment of 13 the Border Security, Economic Oppor- 14 tunity, and Immigration Modernization 15 Act, the Secretary, in consultation with the 16 Secretary of Labor, the Secretary of Agri- 17 culture, the Commissioner, the Attorney 18 General, the Equal Employment Oppor- 19 tunity Commission, and the Administrator 20 of the Small Business Administration, 21 shall commence a campaign to disseminate 22 information 23 rights, and remedies prescribed under this 24 section. respecting the procedures, EAS13500 S.L.C. 446 ''(ii) 1 CAMPAIGN REQUIREMENTS.-- 2 The campaign authorized under clause 3 (i)-- 4 ''(I) shall be aimed at increasing 5 the knowledge of employers, employ- 6 ees, and the general public concerning 7 employer and employee rights, respon- 8 sibilities, and remedies under this sec- 9 tion; and 10 ''(II) shall be coordinated with 11 the public education campaign con- 12 ducted by U.S. Citizenship and Immi- 13 gration Services. 14 ''(iii) ASSESSMENT.--The Secretary 15 shall assess the success of the campaign in 16 achieving the goals of the campaign. 17 ''(iv) AUTHORITY TO CONTRACT.--In 18 order to carry out and assess the campaign 19 under this subparagraph, the Secretary 20 may, to the extent deemed appropriate and 21 subject to the availability of appropria- 22 tions, contract with public and private or- 23 ganizations for outreach and assessment 24 activities under the campaign. EAS13500 S.L.C. 447 ''(v) AUTHORIZATION 1 OF APPROPRIA- 2 TIONS.--There 3 priated 4 $40,000,000 for each of the fiscal years 5 2014 through 2016. 6 ''(H) AUTHORITY to are authorized to be appro- carry out this paragraph TO MODIFY INFORMA- 7 TION REQUIREMENTS.--Based 8 view 9 verification procedures to identify misuse or 10 fraudulent use and to assess the security of the 11 documents and processes used to establish iden- 12 tity or employment authorized status, the Sec- 13 retary, in consultation with the Commissioner, 14 after publication of notice in the Federal Reg- 15 ister and an opportunity for public comment, 16 may modify, if the Secretary determines that 17 the modification is necessary to ensure that the 18 System accurately and reliably determines the 19 identity and employment authorized status of 20 employees and maintain existing protections 21 against misuse, discrimination, fraud, and iden- 22 tity theft-- of the System and on a regular rethe document 23 ''(i) the information that shall be pre- 24 sented to the employer by a worker indi- 25 vidual; EAS13500 S.L.C. 448 1 ''(ii) the information that shall be pro- 2 vided to the System by the employer; and 3 ''(iii) the procedures that shall be fol- 4 lowed by employers with respect to the 5 process of verifying an individual through 6 the System. 7 ''(I) SELF-VERIFICATION.--Subject to ap- 8 propriate safeguards to prevent misuse of the 9 system, the Secretary, in consultation with the 10 Commissioner, shall establish a secure self- 11 verification procedure to permit an individual 12 who seeks to verify the individual's own employ- 13 ment eligibility to contact the appropriate agen- 14 cy and, in a timely manner, correct or update 15 the information contained in the System. 16 ''(5) PROTECTION FROM LIABILITY FOR AC- 17 TIONS TAKEN ON THE BASIS OF INFORMATION PRO- 18 VIDED BY THE SYSTEM.--An 19 liable to a job applicant, an employee, the Federal 20 Government, or a State or local government, under 21 Federal, State, or local criminal or civil law for any 22 employment-related action taken with respect to a 23 job applicant or employee in good-faith reliance on 24 information provided by the System. 25 ''(6) ADMINISTRATIVE employer shall not be APPEAL.-- EAS13500 S.L.C. 449 1 ''(A) IN GENERAL.--An individual who is 2 notified of a nonconfirmation may, not later 3 than 10 business days after the date that such 4 notice is received, file an administrative appeal 5 of such nonconfirmation with the Commissioner 6 if the notice is based on records maintained by 7 the Commissioner, or in any other case, with 8 the Secretary. An individual who did not timely 9 contest a further action notice timely received 10 by that individual for which the individual ac- 11 knowledged receipt may not be granted a review 12 under this paragraph. 13 ''(B) ADMINISTRATIVE STAY OF NONCON- 14 FIRMATION.--The nonconfirmation shall be 15 automatically stayed upon the timely filing of 16 an administrative appeal, unless the noncon- 17 firmation resulted after the individual acknowl- 18 edged receipt of the further action notice but 19 failed to contact the appropriate agency within 20 the time provided. The stay shall remain in ef- 21 fect until the resolution of the appeal, unless 22 the Secretary or the Commissioner terminates 23 the stay based on a determination that the ad- 24 ministrative appeal is frivolous or filed for pur- 25 poses of delay. EAS13500 S.L.C. 450 1 ''(C) REVIEW FOR ERROR.--The Secretary 2 and the Commissioner shall develop procedures 3 for resolving administrative appeals regarding 4 nonconfirmations based upon the information 5 that the individual has provided, including any 6 additional evidence or argument that was not 7 previously considered. Any such additional evi- 8 dence or argument shall be filed within 10 busi- 9 ness days of the date the appeal was originally 10 filed. Appeals shall be resolved within 20 busi- 11 ness days after the individual has submitted all 12 evidence and arguments the individual wishes to 13 submit, or has stated in writing that there is no 14 additional evidence that the individual wishes to 15 submit. The Secretary and the Commissioner 16 may, on a case by case basis for good cause, ex- 17 tend the filing and submission period in order 18 to ensure accurate resolution of an appeal be- 19 fore the Secretary or the Commissioner. 20 ''(D) PREPONDERANCE OF EVIDENCE.-- 21 Administrative appeal under this paragraph 22 shall be limited to whether a nonconfirmation 23 notice is supported by a preponderance of the 24 evidence. EAS13500 S.L.C. 451 ''(E) DAMAGES, 1 FEES, AND COSTS.--No 2 money damages, fees or costs may be awarded 3 in the administrative appeal process under this 4 paragraph. 5 ''(7) 6 7 REVIEW BY ADMINISTRATIVE LAW JUDGE.-- ''(A) IN GENERAL.--Not later than 30 8 days after the date an individual receives a final 9 determination on an administrative appeal 10 under paragraph (6), the individual may obtain 11 review of such determination by filing a com- 12 plaint with an administrative law judge in ac- 13 cordance with this paragraph. 14 ''(B) STAY OF NONCONFIRMATION.--The 15 nonconfirmation related to such final deter- 16 mination shall be automatically stayed upon the 17 timely filing of a complaint under this para- 18 graph, and the stay shall remain in effect until 19 the resolution of the complaint, unless the ad- 20 ministrative law judge determines that the ac- 21 tion is frivolous or filed for purposes of delay. 22 ''(C) SERVICE.--The respondent to com- 23 plaint filed under this paragraph is either the 24 Secretary or the Commissioner, but not both, 25 depending upon who issued the administrative EAS13500 S.L.C. 452 1 order under paragraph (6). In addition to serv- 2 ing the respondent, the plaintiff shall serve the 3 Attorney General. 4 ''(D) AUTHORITY 5 LAW JUDGE.-- ''(i) RULES 6 OF ADMINISTRATIVE OF PRACTICE.--The Sec- 7 retary shall promulgate regulations regard- 8 ing the rules of practice in appeals brought 9 pursuant to this subsection. 10 ''(ii) AUTHORITY JUDGE.--The OF ADMINISTRATIVE administrative 11 LAW 12 law judge shall have power to-- 13 ''(I) terminate a stay of a non- 14 confirmation under subparagraph (B) 15 if the administrative law judge deter- 16 mines that the action is frivolous or 17 filed for purposes of delay; ''(II) adduce evidence at a hear- 18 19 ing; 20 ''(III) compel by subpoena the 21 attendance of witnesses and the pro- 22 duction of evidence at any designated 23 place or hearing; 24 25 ''(IV) resolve claims of identity theft; and EAS13500 S.L.C. 453 1 ''(V) enter, upon the pleadings 2 and any evidence adduced at a hear- 3 ing, a decision affirming or reversing 4 the result of the agency, with or with- 5 out remanding the cause for a rehear- 6 ing. 7 ''(iii) SUBPOENA.--In case of contu- 8 macy or refusal to obey a subpoena law- 9 fully issued under this section and upon 10 application of the administrative law judge, 11 an appropriate district court of the United 12 States may issue an order requiring com- 13 pliance with such subpoena and any failure 14 to obey such order may be punished by 15 such court as a contempt of such court. 16 ''(iv) TRAINING.--An administrative 17 law judge hearing cases shall have special 18 training respecting employment authorized 19 status verification. 20 ''(E) ORDER 21 22 BY ADMINISTRATIVE LAW JUDGE.-- ''(i) IN GENERAL.--The administra- 23 tive law judge shall issue and cause to be 24 served to the parties in the proceeding an EAS13500 S.L.C. 454 1 order which may be appealed as provided 2 in subparagraph (G). 3 ''(ii) CONTENTS OF ORDER.--Such an 4 order shall uphold or reverse the final de- 5 termination on the request for reconsider- 6 ation and order lost wages and other ap- 7 propriate remedies as provided in subpara- 8 graph (F). 9 ''(F) COMPENSATION 10 ''(i) IN FOR ERROR.-- GENERAL.--In cases in which 11 the administrative law judge reverses the 12 final determination of the Secretary or the 13 Commissioner made under paragraph (6), 14 and the administrative law judge finds 15 that-- 16 ''(I) the nonconfirmation was due 17 to gross negligence or intentional mis- 18 conduct of the employer, the adminis- 19 trative law judge may order the em- 20 ployer to pay the individual lost 21 wages, and reasonable costs and attor- 22 neys' fees incurred during administra- 23 tive and judicial review; or 24 ''(II) such final determination 25 was erroneous by reason of the neg- EAS13500 S.L.C. 455 1 ligence of the Secretary or the Com- 2 missioner, 3 judge may order the Secretary or the 4 Commissioner to pay the individual 5 lost wages, and reasonable costs and 6 attorneys' fees incurred during admin- 7 istrative and judicial review. 8 ''(ii) 9 WAGES.--Lost the administrative CALCULATION OF law LOST wages shall be calculated 10 based on the wage rate and work schedule 11 that prevailed prior to termination. The in- 12 dividual shall be compensated for wages 13 lost beginning on the first scheduled work 14 day after employment was terminated and 15 ending 120 days after completion of the 16 administrative law judge's review described 17 in this paragraph or the day after the indi- 18 vidual is reinstated or obtains employment 19 elsewhere, whichever occurs first. If the in- 20 dividual obtains employment elsewhere at a 21 lower wage rate, the individual shall be 22 compensated for the difference in wages 23 for the period ending 120 days after com- 24 pletion of the administrative law judge re- 25 view process. No lost wages shall be award- EAS13500 S.L.C. 456 1 ed for any period of time during which the 2 individual was not in employment author- 3 ized status. 4 ''(iii) PAYMENT OF COMPENSATION.-- 5 Notwithstanding any other law, payment of 6 compensation for lost wages, costs, and at- 7 torneys' fees under this paragraph, or com- 8 promise settlements of the same, shall be 9 made as provided by section 1304 of title 10 31, United States Code. Appropriations 11 made available to the Secretary or the 12 Commissioner, accounts provided for under 13 section 286, and funds from the Federal 14 Old-Age and Survivors Insurance Trust 15 Fund or the Federal Disability Insurance 16 Trust Fund shall not be available to pay 17 such compensation. 18 ''(G) APPEAL.--No later than 45 days 19 after the entry of such final order, any person 20 adversely affected by such final order may seek 21 review of such order in the United States Court 22 of Appeals for the circuit in which the violation 23 is alleged to have occurred or in which the em- 24 ployer resides or transacts business. 25 ''(8) MANAGEMENT OF THE SYSTEM.-- EAS13500 S.L.C. 457 1 ''(A) IN GENERAL.--The Secretary is au- 2 thorized to establish, manage, and modify the 3 System, which shall-- 4 ''(i) respond to inquiries made by par- 5 ticipating employers at any time through 6 the internet, or such other means as the 7 Secretary may designate, concerning an in- 8 dividual's identity and whether the indi- 9 vidual is in employment authorized status; 10 ''(ii) maintain records of the inquiries 11 that were made, of confirmations provided 12 (or not provided), and of the codes pro- 13 vided to employers as evidence of their 14 compliance with their obligations under the 15 System; and 16 ''(iii) provide information to, and re- 17 quire action by, employers and individuals 18 using the System. 19 ''(B) DESIGN 20 TEM.--The 21 AND OPERATION OF SYS- System shall be designed and oper- ated-- 22 ''(i) to maximize its reliability and 23 ease of use by employers consistent with 24 protecting the privacy and security of the EAS13500 S.L.C. 458 1 underlying information, and ensuring full 2 notice of such use to employees; 3 ''(ii) to maximize its ease of use by 4 employees, including direct notification of 5 its use, of results, and ability to challenge 6 results; 7 ''(iii) to respond accurately to all in- 8 quiries made by employers on whether in- 9 dividuals are authorized to be employed 10 and to register any times when the system 11 is unable to receive inquiries; 12 ''(iv) to maintain appropriate adminis- 13 trative, technical, and physical safeguards 14 to prevent unauthorized disclosure of per- 15 sonal information, misuse by employers 16 and employees, and discrimination; 17 ''(v) to require regularly scheduled re- 18 fresher training of all users of the System 19 to ensure compliance with all procedures; 20 ''(vi) to allow for auditing of the use 21 of the System to detect misuse, discrimina- 22 tion, fraud, and identity theft, and to pre- 23 serve the integrity and security of the in- 24 formation in all of the System, including-- EAS13500 S.L.C. 459 1 ''(I) to develop and use tools and 2 processes to detect or prevent fraud 3 and identity theft, such as multiple 4 uses of the same identifying informa- 5 tion or documents to fraudulently gain 6 employment; 7 ''(II) to develop and use tools 8 and processes to detect and prevent 9 misuse of the system by employers 10 and employees; 11 ''(III) to develop tools and proc- 12 esses to detect anomalies in the use of 13 the system that may indicate potential 14 fraud or misuse of the system; 15 ''(IV) to audit documents and in- 16 formation submitted by employees to 17 employers, including authority to con- 18 duct interviews with employers and 19 employees, and obtain information 20 concerning employment from the em- 21 ployer; 22 ''(vii) to confirm identity and employ- 23 ment authorization through verification 24 and comparison of records as determined 25 necessary by the Secretary; EAS13500 S.L.C. 460 1 ''(viii) to confirm electronically the 2 issuance of the employment authorization 3 or identity document and-- 4 ''(I) if such photograph is avail- 5 able, to display the digital photograph 6 that the issuer placed on the docu- 7 ment so that the employer can com- 8 pare the photograph displayed to the 9 photograph on the document pre- 10 sented by the employee; or 11 ''(II) if a photograph is not avail- 12 able from the issuer, to confirm the 13 authenticity of the document using 14 such alternative procedures as the 15 Secretary may specify; and 16 ''(ix) to provide appropriate notifica- 17 tion directly to employers registered with 18 the System of all changes made by the 19 Secretary or the Commissioner related to 20 allowed and prohibited documents, and use 21 of the System. 22 ''(C) SAFEGUARDS 23 TO THE SYSTEM.-- ''(i) REQUIREMENT TO DEVELOP.-- 24 The Secretary, in consultation with the 25 Commissioner and other appropriate Fed- EAS13500 S.L.C. 461 1 eral and State agencies, shall develop poli- 2 cies and procedures to ensure protection of 3 the privacy and security of personally iden- 4 tifiable information and identifiers con- 5 tained in the records accessed or main- 6 tained by the System. The Secretary, in 7 consultation with the Commissioner and 8 other appropriate Federal and State agen- 9 cies, shall develop and deploy appropriate 10 privacy and security training for the Fed- 11 eral and State employees accessing the 12 records under the System. 13 ''(ii) PRIVACY AUDITS.--The Sec- 14 retary, acting through the Chief Privacy 15 Officer of the Department, shall conduct 16 regular privacy audits of the policies and 17 procedures established under clause (i), in- 18 cluding any collection, use, dissemination, 19 and maintenance of personally identifiable 20 information and any associated informa- 21 tion technology systems, as well as scope of 22 requests for this information. The Chief 23 Privacy Officer shall review the results of 24 the audits and recommend to the Secretary EAS13500 S.L.C. 462 1 any changes necessary to improve the pri- 2 vacy protections of the program. 3 ''(iii) RECORDS SECURITY PRO- 4 GRAM.--Any person, including a private 5 third party vendor, who retains document 6 verification or System data pursuant to 7 this section shall implement an effective 8 records security program that-- 9 ''(I) ensures that only authorized 10 personnel have access to document 11 verification or System data; and 12 ''(II) ensures that whenever such 13 data is created, completed, updated, 14 modified, altered, or corrected in elec- 15 tronic format, a secure and perma- 16 nent record is created that establishes 17 the date of access, the identity of the 18 individual who accessed the electronic 19 record, and the particular action 20 taken. 21 ''(iv) RECORDS SECURITY PRO- 22 GRAM.--In addition to the security meas- 23 ures described in clause (iii), a private 24 third party vendor who retains document 25 verification or System data pursuant to EAS13500 S.L.C. 463 1 this section shall implement an effective 2 records security program that-- 3 ''(I) provides for backup and re- 4 covery of any records maintained in 5 electronic format to protect against 6 information loss, such as power inter- 7 ruptions; and 8 ''(II) ensures that employees are 9 trained to minimize the risk of unau- 10 thorized or accidental alteration or 11 erasure of such data in electronic for- 12 mat. 13 ''(v) AUTHORIZED PERSONNEL DE- 14 FINED.--In 15 'authorized personnel' means anyone reg- 16 istered as a System user, or anyone with 17 partial or full responsibility for completion 18 of employment authorization verification or 19 retention of data in connection with em- 20 ployment authorization verification on be- 21 half of an employer. 22 ''(D) RESPONSIBILITIES 23 24 25 this subparagraph, the term OF THE SEC- RETARY.-- ''(i) IN GENERAL.--As part of the System, the Secretary shall maintain a re- EAS13500 S.L.C. 464 1 liable, secure method, which, operating 2 through the System and within the time 3 periods specified, compares the name, alien 4 identification or authorization number, or 5 other information as determined relevant 6 by the Secretary, provided in an inquiry 7 against such information maintained or 8 accessed by the Secretary in order to con- 9 firm (or not confirm) the validity of the in- 10 formation provided, the correspondence of 11 the name and number, whether the alien 12 has employment authorized status (or, to 13 the extent that the Secretary determines to 14 be feasible and appropriate, whether the 15 records available to the Secretary verify 16 the identity or status of a national of the 17 United States), and such other information 18 as the Secretary may prescribe. 19 ''(ii) PHOTOGRAPH DISPLAY.--As part 20 of the System, the Secretary shall establish 21 a reliable, secure method, which, operating 22 through the System, displays the digital 23 photograph 24 (B)(viii)(I). described in subparagraph EAS13500 S.L.C. 465 1 ''(iii) TIMING OF NOTICES.--The Sec- 2 retary shall have authority to prescribe 3 when a confirmation, nonconfirmation, or 4 further action notice shall be issued. 5 ''(iv) USE OF INFORMATION.--The 6 Secretary shall perform regular audits 7 under the System, as described in subpara- 8 graph (B)(vi) and shall utilize the informa- 9 tion obtained from such audits, as well as 10 any information obtained from the Com- 11 missioner pursuant to part E of title XI of 12 the Social Security Act (42 U.S.C. 1301 et 13 seq.), for the purposes of this section and 14 to administer and enforce the immigration 15 laws. 16 ''(v) AVAILABLE FACILITIES AND AL- 17 TERNATIVE ACCOMMODATIONS.--The 18 retary shall make appropriate arrange- 19 ments and develop standards to allow em- 20 ployers or employees, including remote 21 hires, who are otherwise unable to access 22 the System to use electronic and telephonic 23 formats 24 scanning technology, and other available 25 technologies), Federal Government facili- (including video Sec- conferencing, EAS13500 S.L.C. 466 1 ties, public facilities, or other available lo- 2 cations in order to utilize the System. 3 ''(vi) IDENTITY FRAUD PROTEC- 4 TION.--To prevent identity fraud, not later 5 than 18 months after the date of the en- 6 actment of the Border Security, Economic 7 Opportunity, and Immigration Moderniza- 8 tion Act, the Secretary shall-- 9 ''(I) in consultation with the 10 Commissioner, establish a program to 11 provide a reliable, secure method for 12 an individual to temporarily suspend 13 or limit the use of the individual's so- 14 cial security account number or other 15 identifying information for verification 16 by the System; and 17 18 ''(II) for each individual being verified through the System-- 19 ''(aa) notify the individual 20 that the individual has the option 21 to limit the use of the individ- 22 ual's social security account num- 23 ber or other identifying informa- 24 tion for verification by the Sys- 25 tem; and EAS13500 S.L.C. 467 1 ''(bb) provide instructions to 2 the individuals for exercising the 3 option referred to in item (aa). 4 ''(vii) PROTECTION FROM MULTIPLE 5 USE.--The 6 sioner shall establish a procedure for iden- 7 tifying and handling a situation in which a 8 social security account number has been 9 identified to be subject to unusual multiple 10 use in the System or is otherwise suspected 11 or determined to have been compromised 12 by identity fraud. 13 Secretary and the Commis- ''(viii) MONITORING AND COMPLIANCE 14 UNIT.--The 15 designate a monitoring and compliance 16 unit to detect and reduce identity fraud 17 and other misuse of the System. 18 19 20 Secretary shall establish or ''(ix) CIVIL RIGHTS AND CIVIL LIB- ERTIES ASSESSMENTS.-- ''(I) REQUIREMENT TO CON- 21 DUCT.--The Secretary shall conduct 22 regular civil rights and civil liberties 23 assessments of the System, including 24 participation by employers, other pri- EAS13500 S.L.C. 468 1 vate entities, and Federal, State, and 2 local government entities. ''(II) 3 REQUIREMENT TO RE- 4 SPOND.--Employers, other private en- 5 tities, and Federal, State, and local 6 entities shall timely respond to any re- 7 quest in connection with such an as- 8 sessment. ''(III) ASSESSMENT 9 AND Officer REC- 10 OMMENDATIONS.--The for 11 Civil Rights and Civil Liberties of the 12 Department shall review the results of 13 each such assessment and recommend 14 to the Secretary any changes nec- 15 essary to improve the civil rights and 16 civil liberties protections of the Sys- 17 tem. 18 ''(E) GRANTS 19 ''(i) IN TO STATES.-- GENERAL.--The Secretary 20 shall create and administer a grant pro- 21 gram to help provide funding for States 22 that grant-- 23 ''(I) the Secretary access to driv- 24 er's license information as needed to 25 confirm that a driver's license pre- EAS13500 S.L.C. 469 1 sented under subsection (c)(1)(C)(i) 2 confirms the identity of the subject of 3 the System check, and that a driver's 4 license matches the State's records; 5 and 6 ''(II) such assistance as the Sec- 7 retary may request in order to resolve 8 further action notices or nonconfirma- 9 tions relating to such information. 10 ''(ii) CONSTRUCTION WITH THE DRIV- 11 ER'S PRIVACY PROTECTION ACT OF 1994.-- 12 The provision of a photograph to the Sec- 13 retary as described in clause (i) may not be 14 construed as a violation of section 2721 of 15 title 18, United States Code, and is a per- 16 missible use under subsection (b)(1) of 17 that section. 18 ''(iii) AUTHORIZATION OF APPROPRIA- 19 TIONS.--There is authorized to be appro- 20 priated to the Secretary $250,000,000 to 21 carry out this subparagraph. 22 ''(F) RESPONSIBILITIES OF THE SEC- 23 RETARY OF STATE.--As part of the System, the 24 Secretary of State shall provide to the Sec- 25 retary access to passport and visa information EAS13500 S.L.C. 470 1 as needed to confirm that a passport, passport 2 card, 3 (c)(1)(B) confirms the identity of the subject of 4 the System check, and that a passport, passport 5 card, or visa photograph matches the Secretary 6 of State's records, and shall provide such assist- 7 ance as the Secretary may request in order to 8 resolve further action notices or nonconfirma- 9 tions relating to such information. or ''(G) 10 visa presented UPDATING under subsection INFORMATION.--The 11 Commissioner, the Secretary, and the Secretary 12 of State shall update their information in a 13 manner that promotes maximum accuracy and 14 shall provide a process for the prompt correc- 15 tion of erroneous information. 16 ''(9) LIMITATION ON USE OF THE SYSTEM.-- 17 Notwithstanding any other provision of law, nothing 18 in this subsection may be construed to permit or 19 allow any department, bureau, or other agency of 20 the United States Government or any other entity to 21 utilize any information, database, or other records 22 assembled under this subsection for any purpose 23 other than for employment verification or to ensure 24 secure, appropriate and nondiscriminatory use of the 25 System. EAS13500 S.L.C. 471 1 ''(10) ANNUAL REPORT AND CERTIFICATION.-- 2 Not later than 18 months after the promulgation of 3 regulations to implement this subsection, and annu- 4 ally thereafter, the Secretary shall submit to Con- 5 gress a report that includes the following: 6 ''(A) An assessment of the accuracy rates 7 of further action notices and other System no- 8 tices provided by employers to individuals who 9 are authorized to be employed in the United 10 States. 11 ''(B) An assessment of the accuracy rates 12 of further action notices and other System no- 13 tices provided directly (by the System) in a 14 timely fashion to individuals who are not au- 15 thorized to be employed in the United States. 16 ''(C) An assessment of any challenges 17 faced by small employers in utilizing the Sys- 18 tem. 19 ''(D) An assessment of the rate of em- 20 ployer noncompliance (in addition to failure to 21 provide required notices in a timely fashion) in 22 each of the following categories: 23 24 ''(i) Taking adverse action based on a further action notice. EAS13500 S.L.C. 472 1 ''(ii) Use of the System for non- 2 employees or other individuals before they 3 are offered employment. 4 ''(iii) Use of the System to reverify 5 employment authorized status of current 6 employees except if authorized to do so. 7 ''(iv) Use of the System selectively, 8 except in cases in which such use is au- 9 thorized. 10 ''(v) Use of the System to deny em- 11 ployment or post-employment benefits or 12 otherwise interfere with labor rights. 13 ''(vi) Requiring employees or appli- 14 cants to use any self-verification feature or 15 to provide self-verification results. 16 ''(vii) Discouraging individuals who 17 receive a further action notice from chal- 18 lenging the further action notice or appeal- 19 ing a determination made by the System. 20 ''(E) An assessment of the rate of em- 21 ployee noncompliance in each of the following 22 categories: 23 ''(i) Obtaining employment when un- 24 authorized with an employer complying 25 with the System in good faith. EAS13500 S.L.C. 473 ''(ii) Failure to provide required docu- 1 2 ments in a timely manner. 3 ''(iii) Attempting to use fraudulent 4 documents or documents not related to the 5 individual. ''(iv) Misuse of the administrative ap- 6 7 peal and judicial review process. 8 ''(F) An assessment of the amount of time 9 taken for-- ''(i) the System to provide the con- 10 11 firmation or further action notice; ''(ii) individuals to contest further ac- 12 13 tion notices; 14 ''(iii) the System to provide a con- 15 firmation or nonconfirmation of a con- 16 tested further action notice; ''(iv) individuals to file an administra- 17 18 tive appeal of a nonconfirmation; and ''(v) resolving administrative appeals 19 20 regarding nonconfirmations. 21 ''(11) ANNUAL 22 ''(A) GAO STUDY AND REPORT.-- REQUIREMENT.--The Comptroller 23 General shall, for each year, undertake a study 24 to evaluate the accuracy, efficiency, integrity, 25 and impact of the System. EAS13500 S.L.C. 474 1 ''(B) REPORT.--Not later than 18 months 2 after the promulgation of regulations to imple- 3 ment this subsection, and yearly thereafter, the 4 Comptroller General shall submit to Congress a 5 report containing the findings of the study car- 6 ried out under this paragraph. Each such re- 7 port shall include, at a minimum, the following: 8 ''(i) An assessment of System per- 9 formance with respect to the rate at which 10 individuals who are eligible for employment 11 in the United States are correctly approved 12 within the required periods, including a 13 separate assessment of such rate for na- 14 tionals and aliens. 15 ''(ii) An assessment of the privacy and 16 confidentiality of the System and of the 17 overall security of the System with respect 18 to cybertheft and theft or misuse of private 19 data. 20 ''(iii) An assessment of whether the 21 System is being implemented in a manner 22 that is not discriminatory or used for retal- 23 iation against employees. 24 ''(iv) An assessment of the most com- 25 mon causes for the erroneous issuance of EAS13500 S.L.C. 475 1 nonconfirmations by the System and rec- 2 ommendations to correct such causes. 3 ''(v) The recommendations of the 4 Comptroller General regarding System im- 5 provements. 6 ''(vi) An assessment of the frequency 7 and magnitude of changes made to the 8 System and the impact on the ability for 9 employers to comply in good faith. 10 ''(vii) An assessment of the direct and 11 indirect costs incurred by employers in 12 complying with the System, including costs 13 associated with retaining potential employ- 14 ees through the administrative appeals 15 process and receiving a nonconfirmation. 16 ''(viii) An assessment of any backlogs 17 or delays in the System providing the con- 18 firmation or further action notice and im- 19 pacts to hiring by employers. 20 21 22 ''(e) COMPLIANCE.-- ''(1) COMPLAINTS AND INVESTIGATIONS.--The Secretary shall establish procedures-- 23 ''(A) for individuals and entities to file 24 complaints respecting potential violations of 25 subsections (a) or (f)(1); EAS13500 S.L.C. 476 1 ''(B) for the investigation of those com- 2 plaints which the Secretary deems appropriate 3 to investigate; and 4 ''(C) for providing notification to the Spe- 5 cial Counsel for Immigration-Related Unfair 6 Employment Practices of the Department of 7 Justice of potential violations of section 274B. 8 ''(2) AUTHORITY 9 10 IN INVESTIGATIONS.--In con- ducting investigations and proceedings under this subsection-- 11 ''(A) immigration officers shall have rea- 12 sonable access to examine evidence of the em- 13 ployer being investigated; 14 ''(B) immigration officers designated by 15 the Secretary, and administrative law judges 16 and other persons authorized to conduct pro- 17 ceedings under this section, may compel by sub- 18 poena the attendance of relevant witnesses and 19 the production of relevant evidence at any des- 20 ignated place in an investigation or case under 21 this subsection. In case of refusal to fully com- 22 ply with a subpoena lawfully issued under this 23 paragraph, the Secretary may request that the 24 Attorney General apply in an appropriate dis- 25 trict court of the United States for an order re- EAS13500 S.L.C. 477 1 quiring compliance with the subpoena, and any 2 failure to obey such order may be punished by 3 the court as contempt. Failure to cooperate 4 with the subpoena shall be subject to further 5 penalties, including but not limited to further 6 fines and the voiding of any mitigation of pen- 7 alties or termination of proceedings under para- 8 graph (4)(D); and 9 ''(C) the Secretary, in cooperation with the 10 Commissioner and Attorney General, and in 11 consultation with other relevant agencies, shall 12 establish a Joint Employment Fraud Task 13 Force consisting of, at a minimum-- 14 15 16 17 ''(i) the System's compliance personnel; ''(ii) immigration law enforcement officers; 18 ''(iii) personnel of the Office of Spe- 19 cial Counsel for Immigration-Related Un- 20 fair Employment Practices of the Depart- 21 ment of Justice; 22 ''(iv) personnel of the Office for Civil 23 Rights and Civil Liberties of the Depart- 24 ment; and EAS13500 S.L.C. 478 1 ''(v) personnel of Office of Inspector 2 General of the Social Security Administra- 3 tion. 4 5 ''(3) COMPLIANCE PROCEDURES.-- ''(A) PRE-PENALTY NOTICE.--If the Sec- 6 retary has reasonable cause to believe that 7 there has been a civil violation of this section, 8 the Secretary shall issue to the employer con- 9 cerned a written notice of the Department's in- 10 tention to issue a claim for a monetary or other 11 penalty. Such pre-penalty notice shall: 12 ''(i) describe the violation; 13 ''(ii) specify the laws and regulations 14 15 16 17 18 allegedly violated; ''(iii) disclose the material facts which establish the alleged violation; ''(iv) describe the penalty sought to be imposed; and 19 ''(v) inform such employer that such 20 employer shall have a reasonable oppor- 21 tunity to make representations as to why a 22 monetary or other penalty should not be 23 imposed. 24 ''(B) EMPLOYER'S 25 RESPONSE.--Whenever any employer receives written pre-penalty notice EAS13500 S.L.C. 479 1 of a fine or other penalty in accordance with 2 subparagraph (A), the employer may, within 60 3 days from receipt of such notice, file with the 4 Secretary its written response to the notice. 5 The response may include any relevant evidence 6 or proffer of evidence that the employer wishes 7 to present with respect to whether the employer 8 violated this section and whether, if so, the pen- 9 alty should be mitigated, and shall be filed and 10 considered in accordance with procedures to be 11 established by the Secretary. 12 ''(C) RIGHT TO A HEARING.--Before 13 issuance of an order imposing a penalty on any 14 employer, person, or entity, the employer, per- 15 son, or entity shall be entitled to a hearing be- 16 fore an administrative law judge, if requested 17 within 60 days of the notice of penalty. The 18 hearing shall be held at the nearest location 19 practicable to the place where the employer, 20 person, or entity resides or of the place where 21 the alleged violation occurred. 22 ''(D) ISSUANCE OF ORDERS.--If no hear- 23 ing is so requested, the Secretary's imposition 24 of the order shall constitute a final and 25 unappealable order. If a hearing is requested EAS13500 S.L.C. 480 1 and the administrative law judge determines, 2 upon clear and convincing evidence received, 3 that there was a violation, the administrative 4 law judge shall issue the final determination 5 with a written penalty claim. The penalty claim 6 shall specify all charges in the information pro- 7 vided under clauses (i) through (iii) of subpara- 8 graph (A) and any mitigation of the penalty 9 that the administrative law judge deems appro- 10 priate under paragraph (4)(D). 11 ''(4) CIVIL 12 PENALTIES.-- ''(A) HIRING OR CONTINUING TO EMPLOY 13 UNAUTHORIZED ALIENS.--Any employer that 14 violates any provision of subsection (a)(1)(A) or 15 (a)(2) shall-- 16 ''(i) pay a civil penalty of not less 17 than $3,500 and not more than $7,500 for 18 each unauthorized alien with respect to 19 which each violation of either subsection 20 (a)(1)(A) or (a)(2) occurred; 21 ''(ii) if the employer has previously 22 been fined as a result of a previous en- 23 forcement action or previous violation 24 under this paragraph, pay a civil penalty of 25 not less than $5,000 and not more than EAS13500 S.L.C. 481 1 $15,000 for each unauthorized alien with 2 respect to which a violation of either sub- 3 section (a)(1)(A) or (a)(2) occurred; and 4 ''(iii) if the employer has previously 5 been fined more than once under this para- 6 graph, pay a civil penalty of not less than 7 $10,000 and not more than $25,000 for 8 each unauthorized alien with respect to 9 which a violation of either subsection 10 (a)(1)(A) or (a)(2) occurred. 11 ''(B) ENHANCED PENALTIES.--After the 12 Secretary certifies to Congress that the System 13 has been established, implemented, and made 14 mandatory for use by all employers in the 15 United States, the Secretary may establish an 16 enhanced civil penalty for an employer who-- 17 ''(i) fails to query the System to verify 18 the identify and work authorized status of 19 an individual; and 20 21 ''(ii) violates a Federal, State, or local law related to-- 22 ''(I) the payment of wages; 23 ''(II) hours worked by employees; 24 or EAS13500 S.L.C. 482 ''(III) workplace health and safe- 1 2 3 ty. ''(C) RECORDKEEPING OR VERIFICATION 4 PRACTICES.--Any 5 to comply with any requirement under sub- 6 section (a)(1)(B), other than a minor or inad- 7 vertent failure, as determined by the Secretary, 8 shall pay a civil penalty of-- 9 10 employer that violates or fails ''(i) not less than $500 and not more than $2,000 for each violation; 11 ''(ii) if an employer has previously 12 been fined under this paragraph, not less 13 than $1,000 and not more than $4,000 for 14 each violation; and 15 ''(iii) if an employer has previously 16 been fined more than once under this para- 17 graph, not less than $2,000 and not more 18 than $8,000 for each violation. 19 ''(D) OTHER PENALTIES.--The Secretary 20 may impose additional penalties for violations, 21 including cease and desist orders, specially de- 22 signed compliance plans to prevent further vio- 23 lations, suspended fines to take effect in the 24 event of a further violation, and in appropriate 25 cases, the remedy provided by paragraph (f)(2). EAS13500 S.L.C. 483 1 ''(E) MITIGATION.--The Secretary or, if 2 an employer requests a hearing, the administra- 3 tive law judge, is authorized, upon such terms 4 and conditions as the Secretary or administra- 5 tive law judge deems reasonable and just and in 6 accordance with such procedures as the Sec- 7 retary may establish or any procedures estab- 8 lished governing the administrative law judge's 9 assessment of penalties, to reduce or mitigate 10 penalties imposed upon employers, based upon 11 factors including, the employer's hiring volume, 12 compliance history, good-faith implementation 13 of a compliance program, the size and level of 14 sophistication of the employer, and voluntary 15 disclosure of violations of this subsection to the 16 Secretary. The Secretary or administrative law 17 judge shall not mitigate a penalty below the 18 minimum penalty provided by this section, ex- 19 cept that the Secretary may, in the case of an 20 employer subject to penalty for recordkeeping 21 or verification violations only who has not pre- 22 viously been penalized under this section, in the 23 Secretary's or administrative law judge's discre- 24 tion, mitigate the penalty below the statutory 25 minimum or remit it entirely. In any case where EAS13500 S.L.C. 484 1 a civil money penalty has been imposed on an 2 employer under section 274B for an action or 3 omission that is also a violation of this section, 4 the Secretary or administrative law judge shall 5 mitigate any civil money penalty under this sec- 6 tion by the amount of the penalty imposed 7 under section 274B. 8 ''(F) EFFECTIVE DATE.--The civil money 9 penalty amounts and the enhanced penalties 10 provided by subparagraphs (A), (B), and (C) of 11 this paragraph and by subsection (f)(2) shall 12 apply to violations of this section committed on 13 or after the date that is 1 year after the date 14 of the enactment of the Border Security, Eco- 15 nomic Opportunity, and Immigration Mod- 16 ernization Act. For violations committed prior 17 to such date of enactment, the civil money pen- 18 alty amounts provided by regulations imple- 19 menting this section as in effect the day before 20 such date of enactment with respect to knowing 21 hiring or continuing employment, verification, 22 or indemnity bond violations, as appropriate, 23 shall apply. 24 ''(5) ORDER 25 OF INTERNAL REVIEW AND CER- TIFICATION OF COMPLIANCE.-- EAS13500 S.L.C. 485 1 ''(A) EMPLOYER COMPLIANCE.--If the 2 Secretary has reasonable cause to believe that 3 an employer has failed to comply with this sec- 4 tion, the Secretary is authorized, at any time, 5 to require that the employer certify that it is in 6 compliance with this section, or has instituted a 7 program to come into compliance. 8 ''(B) EMPLOYER CERTIFICATION.-- 9 ''(i) REQUIREMENT.--Except as pro- 10 vided in subparagraph (C), not later than 11 60 days after receiving a notice from the 12 Secretary requiring a certification under 13 subparagraph (A), an official with respon- 14 sibility for, and authority to bind the com- 15 pany on, all hiring and immigration com- 16 pliance notices shall certify under penalty 17 of perjury that the employer is in conform- 18 ance with the requirements of paragraphs 19 (1) through (4) of subsection (c), per- 20 taining to document verification require- 21 ments, and with subsection (d), pertaining 22 to the System (once the System is imple- 23 mented with respect to that employer ac- 24 cording to the requirements of subsection 25 (d)(1)), and with any additional require- EAS13500 S.L.C. 486 1 ments that the Secretary may promulgate 2 by regulation pursuant to subsection (c) or 3 (d) or that the employer has instituted a 4 program to come into compliance with 5 these requirements. 6 ''(ii) APPLICATION.--Clause (i) shall 7 not apply until the date that the Secretary 8 certifies to Congress that the System has 9 been established, implemented, and made 10 mandatory for use by all employers in the 11 United States. 12 ''(C) EXTENSION OF DEADLINE.--At the 13 request of the employer, the Secretary may ex- 14 tend the 60-day deadline for good cause. 15 ''(D) STANDARDS OR METHODS.--The Sec- 16 retary is authorized to publish in the Federal 17 Register standards or methods for such certifi- 18 cation, require specific recordkeeping practices 19 with respect to such certifications, and audit 20 the records thereof at any time. This authority 21 shall not be construed to diminish or qualify 22 any other penalty provided by this section. 23 ''(6) REQUIREMENTS 24 DETERMINATION.--With FOR REVIEW OF A FINAL respect to judicial review of EAS13500 S.L.C. 487 1 a final determination or penalty claim issued under 2 paragraph (3)(C), the following requirements apply: 3 ''(A) DEADLINE.--The petition for review 4 must be filed no later than 30 days after the 5 date of the final determination or penalty claim 6 issued under paragraph (3)(C). ''(B) VENUE 7 AND FORMS.--The petition 8 for review shall be filed with the court of ap- 9 peals for the judicial circuit where the employ- 10 er's principal place of business was located 11 when the final determination or penalty claim 12 was made. The record and briefs do not have 13 to be printed. The court shall review the pro- 14 ceeding on a typewritten or electronically filed 15 record and briefs. 16 ''(C) SERVICE.--The respondent is the 17 Secretary. In addition to serving the respond- 18 ent, the petitioner shall serve the Attorney Gen- 19 eral. 20 ''(D) PETITIONER'S BRIEF.--The peti- 21 tioner shall serve and file a brief in connection 22 with a petition for judicial review not later than 23 40 days after the date on which the administra- 24 tive record is available, and may serve and file 25 a reply brief not later than 14 days after serv- EAS13500 S.L.C. 488 1 ice of the brief of the respondent, and the court 2 may not extend these deadlines, except for good 3 cause shown. If a petitioner fails to file a brief 4 within the time provided in this paragraph, the 5 court shall dismiss the appeal unless a manifest 6 injustice would result. 7 ''(E) SCOPE AND STANDARD FOR RE- 8 VIEW.--The 9 novo review of the administrative record on 10 which the final determination was based and 11 any additional evidence that the Court finds 12 was previously unavailable at the time of the 13 administrative hearing. 14 court of appeals shall conduct a de ''(F) EXHAUSTION OF ADMINISTRATIVE 15 REMEDIES.--A court may review a final deter- 16 mination under paragraph (3)(C) only if-- 17 ''(i) the petitioner has exhausted all 18 administrative remedies available to the pe- 19 titioner as of right, including any adminis- 20 trative remedies established by regulation, 21 and 22 ''(ii) another court has not decided 23 the validity of the order, unless the review- 24 ing court finds that the petition presents 25 grounds that could not have been pre- EAS13500 S.L.C. 489 1 sented in the prior judicial proceeding or 2 that the remedy provided by the prior pro- 3 ceeding was inadequate or ineffective to 4 test the validity of the order. 5 ''(G) ENFORCEMENT OF ORDERS.--If the 6 final determination issued against the employer 7 under this subsection is not subjected to review 8 as provided in this paragraph, the Attorney 9 General, upon request by the Secretary, may 10 bring a civil action to enforce compliance with 11 the final determination in any appropriate dis- 12 trict court of the United States. The court, on 13 a proper showing, shall issue a temporary re- 14 straining order or a preliminary or permanent 15 injunction requiring that the employer comply 16 with the final determination issued against that 17 employer under this subsection. In any such 18 civil action, the validity and appropriateness of 19 the final determination shall not be subject to 20 review 21 ''(7) CREATION OF LIEN.--If any employer lia- 22 ble for a fee or penalty under this section neglects 23 or refuses to pay such liability after demand and 24 fails to file a petition for review (if applicable) as 25 provided in paragraph (6), the amount of the fee or EAS13500 S.L.C. 490 1 penalty shall be a lien in favor of the United States 2 on all property and rights to property, whether real 3 or personal, belonging to such employer. If a petition 4 for review is filed as provided in paragraph (6), the 5 lien shall arise upon the entry of a final judgment 6 by the court. The lien continues for 20 years or until 7 the liability is satisfied, remitted, set aside, or termi- 8 nated. 9 10 ''(8) FILING NOTICE OF LIEN.-- ''(A) PLACE FOR FILING.--The notice re- 11 ferred to in paragraph (7) shall be filed as de- 12 scribed in 1 of the following: 13 14 ''(i) UNDER STATE LAWS.-- ''(I) REAL PROPERTY.--In the 15 case of real property, in 1 office with- 16 in the State (or the county, or other 17 governmental subdivision), as des- 18 ignated by the laws of such State, in 19 which the property subject to the lien 20 is situated. 21 ''(II) PERSONAL PROPERTY.--In 22 the case of personal property, whether 23 tangible or intangible, in 1 office with- 24 in the State (or the county, or other 25 governmental subdivision), as des- EAS13500 S.L.C. 491 1 ignated by the laws of such State, in 2 which the property subject to the lien 3 is situated, except that State law 4 merely conforming to or reenacting 5 Federal law establishing a national fil- 6 ing system does not constitute a sec- 7 ond office for filing as designated by 8 the laws of such State. 9 ''(ii) WITH CLERK OF DISTRICT 10 COURT.--In the office of the clerk of the 11 United States district court for the judicial 12 district in which the property subject to 13 the lien is situated, whenever the State has 14 not by law designated 1 office which meets 15 the requirements of clause (i). ''(iii) WITH 16 RECORDER OF DEEDS OF 17 THE DISTRICT OF COLUMBIA.--In the of- 18 fice of the Recorder of Deeds of the Dis- 19 trict of Columbia, if the property subject to 20 the lien is situated in the District of Co- 21 lumbia. 22 ''(B) SITUS OF PROPERTY SUBJECT TO 23 LIEN.--For purposes of subparagraph (A), 24 property shall be deemed to be situated as fol- 25 lows: EAS13500 S.L.C. 492 ''(i) REAL 1 2 PROPERTY.--In the case of real property, at its physical location. ''(ii) PERSONAL 3 PROPERTY.--In the 4 case of personal property, whether tangible 5 or intangible, at the residence of the tax- 6 payer at the time the notice of lien is filed. 7 ''(C) DETERMINATION OR RESIDENCE.-- 8 For purposes of subparagraph (A)(ii), the resi- 9 dence of a corporation or partnership shall be 10 deemed to be the place at which the principal 11 executive office of the business is located, and 12 the residence of a taxpayer whose residence is 13 outside the United States shall be deemed to be 14 in the District of Columbia. 15 16 17 ''(D) EFFECT OF FILING NOTICE OF LIEN.-- ''(i) IN GENERAL.--Upon filing of a 18 notice of lien in the manner described in 19 this paragraph, the lien shall be valid 20 against any purchaser, holder of a security 21 interest, mechanic's lien, or judgment lien 22 creditor, except with respect to properties 23 or transactions specified in subsection (b), 24 (c), or (d) of section 6323 of the Internal 25 Revenue Code of 1986 for which a notice EAS13500 S.L.C. 493 1 of tax lien properly filed on the same date 2 would not be valid. 3 ''(ii) NOTICE OF LIEN.--The notice of 4 lien shall be considered a notice of lien for 5 taxes payable to the United States for the 6 purpose of any State or local law providing 7 for the filing of a notice of a tax lien. A 8 notice of lien that is registered, recorded, 9 docketed, or indexed in accordance with 10 the rules and requirements relating to 11 judgments of the courts of the State where 12 the notice of lien is registered, recorded, 13 docketed, or indexed shall be considered 14 for all purposes as the filing prescribed by 15 this section. 16 ''(iii) OTHER PROVISIONS.--The pro- 17 visions of section 3201(e) of title 28, 18 United States Code, shall apply to liens 19 filed as prescribed by this paragraph. 20 ''(E) ENFORCEMENT OF A LIEN.--A lien 21 obtained through this paragraph shall be con- 22 sidered a debt as defined by section 3002 of 23 title 28, United States Code and enforceable 24 pursuant to chapter 176 of such title. EAS13500 S.L.C. 494 ''(9) ATTORNEY 1 GENERAL ADJUDICATION.-- 2 The Attorney General shall have jurisdiction to adju- 3 dicate administrative proceedings under this sub- 4 section. Such proceedings shall be conducted in ac- 5 cordance with requirements of section 554 of title 5, 6 United States Code. 7 ''(f) CRIMINAL 8 9 AND CIVIL PENALTIES AND INJUNC- TIONS.-- ''(1) PROHIBITION OF INDEMNITY BONDS.--It 10 is unlawful for an employer, in the hiring of any in- 11 dividual, to require the individual to post a bond or 12 security, to pay or agree to pay an amount, or other- 13 wise to provide a financial guarantee or indemnity, 14 against any potential liability arising under this sec- 15 tion relating to such hiring of the individual. 16 ''(2) CIVIL PENALTY.--Any employer who is de- 17 termined, after notice and opportunity for mitigation 18 of the monetary penalty under subsection (e), to 19 have violated paragraph (1) shall be subject to a 20 civil penalty of $10,000 for each violation and to an 21 administrative order requiring the return of any 22 amounts received in violation of such paragraph to 23 the employee or, if the employee cannot be located, 24 to the general fund of the Treasury. 25 ''(g) GOVERNMENT CONTRACTS.-- EAS13500 S.L.C. 495 1 ''(1) CONTRACTORS AND RECIPIENTS.--When- 2 ever an employer who is a Federal contractor (mean- 3 ing an employer who holds a Federal contract, 4 grant, or cooperative agreement, or reasonably may 5 be expected to submit an offer for or be awarded a 6 government contract) is determined by the Secretary 7 to have violated of this section more than 3 occa- 8 sions or is convicted of a crime under this section, 9 the employer shall be considered for debarment from 10 the receipt of Federal contracts, grants, or coopera- 11 tive agreements in accordance with the procedures 12 and standards and for the periods prescribed by the 13 Federal Acquisition Regulation. However, any ad- 14 ministrative determination of liability for civil pen- 15 alty by the Secretary or the Attorney General shall 16 not be reviewable in any debarment proceeding. 17 ''(2) INADVERTENT VIOLATIONS.--Inadvertent 18 violations of recordkeeping or verification require- 19 ments, in the absence of any other violations of this 20 section, shall not be a basis for determining that an 21 employer is a repeat violator for purposes of this 22 subsection. 23 ''(3) OTHER REMEDIES AVAILABLE.--Nothing 24 in this subsection shall be construed to modify or 25 limit any remedy available to any agency or official EAS13500 S.L.C. 496 1 of the Federal Government for violation of any con- 2 tractual requirement to participate in the System, as 3 provided in the final rule relating to employment eli- 4 gibility verification published in the Federal Register 5 on November 14, 2008 (73 Fed. Reg. 67,651), or 6 any similar subsequent regulation. 7 ''(h) PREEMPTION.--The provisions of this section 8 preempt any State or local law, ordinance, policy, or rule, 9 including any criminal or civil fine or penalty structure, 10 relating to the hiring, continued employment, or status 11 verification for employment eligibility purposes, of unau12 thorized aliens. A State, locality, municipality, or political 13 subdivision may exercise its authority over business licens14 ing and similar laws as a penalty for failure to use the 15 System. 16 ''(i) DEPOSIT OF AMOUNTS RECEIVED.--Except as 17 otherwise specified, civil penalties collected under this sec18 tion shall be deposited by the Secretary into the Com19 prehensive Immigration Reform Trust Fund established 20 under section 6 of the Border Security, Economic Oppor21 tunity, and Immigration Modernization Act. 22 ''(j) CHALLENGES 23 ''(1) IN TO VALIDITY GENERAL.--Any OF THE SYSTEM.-- right, benefit, or claim 24 not otherwise waived or limited pursuant to this sec- 25 tion is available in an action instituted in the United EAS13500 S.L.C. 497 1 States District Court for the District of Columbia, 2 but shall be limited to determinations of-- 3 ''(A) whether this section, or any regula- 4 tion issued to implement this section, violates 5 the Constitution of the United States; or 6 ''(B) whether such a regulation issued by 7 or under the authority of the Secretary to im- 8 plement this section, is contrary to applicable 9 provisions of this section or was issued in viola- 10 tion of title 5, chapter 5, United States Code. 11 ''(2) DEADLINES FOR BRINGING ACTIONS.-- 12 Any action instituted under this subsection must be 13 filed no later than 180 days after the date the chal- 14 lenged section or regulation described in subpara- 15 graph (A) or (B) of paragraph (1) becomes effective. 16 No court shall have jurisdiction to review any chal- 17 lenge described in subparagraph (B) after the time 18 period specified in this subsection expires. 19 ''(k) CRIMINAL PENALTIES AND INJUNCTIONS FOR 20 PATTERN OR PRACTICE VIOLATIONS.-- 21 ''(1) PATTERN AND PRACTICE.--Any employer 22 who engages in a pattern or practice of knowing vio- 23 lations of subsection (a)(1)(A) or (a)(2) shall be 24 fined under title 18, United States Code, no more 25 than $10,000 for each unauthorized alien with re- EAS13500 S.L.C. 498 1 spect to whom such violation occurs, imprisoned for 2 not more than 2 years for the entire pattern or prac- 3 tice, or both. 4 ''(2) TERM OF IMPRISONMENT.--The maximum 5 term of imprisonment of a person convicted of any 6 criminal offense under the United States Code shall 7 be increased by 5 years if the offense is committed 8 as part of a pattern or practice of violations of sub- 9 section (a)(1)(A) or (a)(2). 10 ''(3) ENJOINING OF PATTERN OR PRACTICE 11 VIOLATIONS.--Whenever the Secretary or the Attor- 12 ney General has reasonable cause to believe that an 13 employer is engaged in a pattern or practice of em- 14 ployment in violation of subsection (a)(1)(A) or 15 (a)(2), the Attorney General may bring a civil action 16 in the appropriate district court of the United States 17 requesting such relief, including a permanent or 18 temporary injunction, restraining order, or other 19 order against the employer, as the Secretary or At- 20 torney General deems necessary. 21 ''(l) CRIMINAL PENALTIES FOR UNLAWFUL AND 22 ABUSIVE EMPLOYMENT.-- 23 ''(1) IN GENERAL.--Any person who, during 24 any 12-month period, knowingly employs or hires, 25 employs, recruits, or refers for employment 10 or EAS13500 S.L.C. 499 1 more individuals within the United States who are 2 under the control and supervision of such person-- 3 ''(A) knowing that the individuals are un- 4 authorized aliens; and 5 ''(B) under conditions that violate section 6 5(a) of the Occupational Safety and Health Act 7 of 1970 (29 U.S.C. 654(a) (relating to occupa- 8 tional safety and health), section 6 or 7 of the 9 Fair Labor Standards Act of 1938 (29 U.S.C. 10 206 and 207) (relating to minimum wages and 11 maximum hours of employment), section 3142 12 of title 40, United States Code, (relating to re- 13 quired wages on construction contracts), or sec- 14 tions 6703 or 6704 of title 41, United States 15 Code, (relating to required wages on service 16 contracts) 17 shall be fined under title 18, United States Code, or 18 imprisoned for not more than 10 years, or both. 19 ''(2) ATTEMPT AND CONSPIRACY.--Any person 20 who attempts or conspires to commit any offense 21 under this section shall be punished in the same 22 manner as a person who completes the offense.''. 23 (b) REPORT 24 CULTURAL ON USE OF THE SYSTEM IN THE AGRI- INDUSTRY.--Not later than 18 months after 25 the date of the enactment of this Act, the Secretary shall EAS13500 S.L.C. 500 1 submit to Congress a report that assesses implementation 2 of the Employment Verification System established under 3 section 274A(d) of the Immigration and Nationality Act, 4 as amended by subsection (a), in the agricultural industry, 5 including the use of such System technology in agriculture 6 industry hiring processes, user, contractor, and third7 party employer agent employment practices, timing and 8 logistics regarding employment verification and 9 reverification processes to meet agriculture industry prac10 tices, and identification of potential challenges and modi11 fications to meet the unique needs of the agriculture in12 dustry. Such report shall review-- 13 (1) the modality of access, training and out- 14 reach, customer support, processes for further action 15 notices and secondary verifications for short-term 16 workers, monitoring, and compliance procedures for 17 such System; 18 (2) the interaction of such System with the 19 process to admit nonimmigrant workers pursuant to 20 section 218 or 218A of the Immigration and Nation- 21 ality Act (8 U.S.C. 1188 et seq.) and with enforce- 22 ment of the immigration laws; and 23 (3) the collaborative use of processes of other 24 Federal and State agencies that intersect with the 25 agriculture industry. EAS13500 S.L.C. 501 1 2 (c) REPORT PLOYERS.--Not ON IMPACT OF THE SYSTEM ON EM - later than 18 months after the date of 3 the enactment of this Act, the Secretary shall submit to 4 Congress a report that assesses-- (1) the implementation of the Employment 5 6 Verification System established under section 7 274A(d) of the Immigration and Nationality Act, as 8 amended by subsection (a), by employers; 9 (2) any adverse impact on the revenues, busi- 10 ness processes, or profitability of employers required 11 to use such System; and (3) the economic impact of such System on 12 13 small businesses. 14 (d) GOVERNMENT ACCOUNTABILITY OFFICE STUDY EFFECTS OF DOCUMENT REQUIREMENTS ON EM- 15 OF THE 16 PLOYMENT AUTHORIZED PERSONS AND EMPLOYERS.-- 17 (1) STUDY.--The Comptroller General of the 18 United States shall carry out a study of the effects 19 of the documentary requirements of section 274A of 20 the Immigration and Nationality Act, as amended by 21 subsection (a), on employers, nationals of the United 22 States and individuals with employment authorized 23 status, and challenges such employers, nationals or 24 individuals may face in obtaining the documentation 25 required by that section. EAS13500 S.L.C. 502 1 (2) REPORT.--Not later than 4 years after the 2 enactment of this Act, the Comptroller General shall 3 submit to Congress a report containing the findings 4 of the study carried out under paragraph (1). Such 5 report shall include, at a minimum, the following: 6 (A) An assessment of available information 7 regarding the number of working age nationals 8 of the United States and individuals who have 9 employment authorized status who lack docu- 10 ments required for employment by such section 11 274A. 12 (B) A description of the additional steps 13 required for individuals who have employment 14 authorized status and do not possess the docu- 15 ments required by such section 274A to obtain 16 such documents. 17 (C) A general assessment of the average fi- 18 nancial costs for individuals who have employ- 19 ment authorized status who do not possess the 20 documents required by such section 274A to ob- 21 tain such documents. 22 (D) A general assessment of the average 23 financial costs and challenged for employers 24 who have been required to participate in the EAS13500 S.L.C. 503 1 Employment Verification System established by 2 subsection (d) of such section 274A. 3 (E) A description of the barriers to indi- 4 viduals who have employment authorized status 5 in obtaining the documents required by such 6 section 274A, including barriers imposed by the 7 executive branch of the Government. 8 (F) Any particular challenges facing indi- 9 viduals who have employment authorized status 10 who are members of a federally recognized In- 11 dian tribe in complying with the provisions of 12 such section 274A. (e) REPEAL 13 14 AND OF PILOT PROGRAMS AND E-VERIFY TRANSITION PROCEDURES.-- 15 (1) REPEAL.--Sections 401, 402, 403, 404, 16 and 405 of the Illegal Immigration Reform and Im- 17 migrant Responsibility Act of 1996 (division C of 18 Public Law 104-208; 8 U.S.C. 1324a note) are re- 19 pealed. 20 (2) TRANSITION PROCEDURES.--Any employer 21 who was participating in the E-Verify Program de- 22 scribed in section 403 of the Illegal Immigration Re- 23 form and Immigrant Responsibility Act of 1996 (di- 24 vision C of Public Law 104-208; 8 U.S.C. 1324a 25 note), as in effect on the minute before the date of EAS13500 S.L.C. 504 1 the enactment of this Act, shall participate in the 2 System described in subsection (d) of section 274A 3 of the Immigration and Nationality Act, as amended 4 by subsection (a) to the same extent and in the same 5 manner that the employer participated in such E- 6 Verify Program. 7 (3) CONSTRUCTION.--The repeal made by para- 8 graph (1) may not be construed to limit the author- 9 ity of the Secretary to allow or continue to allow the 10 participation in such System of employers who have 11 participated in such E-Verify Program, as in effect 12 on the day before the date of the enactment of this 13 Act. 14 (f) CONFORMING AMENDMENT.--Paragraph (3) of 15 section 274(a) (8 U.S.C. 1324(a)) is repealed. 16 17 18 19 SEC. 3102. INCREASING SECURITY AND INTEGRITY OF SOCIAL SECURITY CARDS. (a) FRAUD-RESISTANT, TAMPER-RESISTANT, WEARRESISTANT, AND IDENTITY THEFT-RESISTANT SOCIAL 20 SECURITY CARDS.-- 21 22 (1) ISSUANCE.-- (A) PRELIMINARY WORK.--Not later than 23 180 days after the date of the enactment of this 24 title, the Commissioner of Social Security shall 25 begin work to administer and issue fraud-resist- EAS13500 S.L.C. 505 1 ant, tamper-resistant, wear-resistant, and iden- 2 tity theft-resistant social security cards. 3 (B) COMPLETION.--Not later than 5 years 4 after the date of enactment of this title, the 5 Commissioner of Social Security shall issue only 6 social security cards determined to be fraud-re- 7 sistant, tamper-resistant, wear-resistant, and 8 identity theft-resistant social security cards. 9 (2) AMENDMENT.--Section 205(c)(2)(G) of the 10 Social Security Act (42 U.S.C. 405(c)(2)(G)) is 11 amended by striking the second sentence and insert- 12 ing the following: ''The social security card shall be 13 fraud-resistant, tamper-resistant, wear-resistant, and 14 identity theft-resistant.''. 15 (3) APPROPRIATION.--Out of any money in the 16 Treasury of the United States not otherwise appro- 17 priated, there is appropriated to the Commissioner 18 of Social Security an additional amount for ''Limita- 19 tion on Administrative Expenses'' for the purpose of 20 carrying out the amendments made by this sub- 21 section, $1,000,000,000 for fiscal year 2014, to re- 22 main available until expended. 23 (4) EMERGENCY DESIGNATION FOR CONGRES- 24 SIONAL ENFORCEMENT.--In the Senate, amounts 25 made available under this subsection are designated EAS13500 S.L.C. 506 1 as an emergency requirement pursuant to section 2 403(a) of S. Con. Res. 13 (111th Congress), the 3 concurrent resolution on the budget for fiscal year 4 2010. 5 (5) EMERGENCY DESIGNATION FOR STATUTORY 6 PAYGO.--Amounts made available under this sub- 7 section are designated as an emergency requirement 8 under section 4(g) of the Statutory Pay-As-You-Go 9 Act of 2010 (Public Law 111-139; 2 U.S.C. 10 933(g)). 11 (b) MULTIPLE CARDS.--Section 205(c)(2)(G) of the 12 Social Security Act (42 U.S.C. 405(c)(2)(G)), as amended 13 by subsection (a)(2), is amended-- 14 (1) by inserting ''(i)'' after ''(G)''; and 15 (2) by adding at the end the following: 16 ''(ii) The Commissioner of Social Security shall re- 17 strict the issuance of multiple replacement social security 18 cards to any individual to 3 per year and 10 for the life 19 of the individual, except that the Commissioner may allow 20 for reasonable exceptions from the limits under this clause 21 on a case-by-case basis in compelling circumstances.''. 22 23 (c) CRIMINAL PENALTIES.-- (1) SOCIAL SECURITY FRAUD.-- EAS13500 S.L.C. 507 1 (A) IN GENERAL.--Chapter 47 of title 18, 2 United States Code, is amended by inserting at 3 the end the following: 4 ''? 1041. Social security fraud. 5 ''Any person who-- 6 ''(1) knowingly possesses or uses a social secu- 7 rity account number or social security card knowing 8 that the number or card was obtained from the 9 Commissioner of Social Security by means of fraud 10 or false statement; 11 ''(2) knowingly and falsely represents a number 12 to be the social security account number assigned by 13 the Commissioner of Social Security to him or her 14 or to another person, when such number is known 15 not to be the social security account number as- 16 signed by the Commissioner of Social Security to 17 him or her or to such other person; 18 ''(3) knowingly, and without lawful authority, 19 buys, sells, or possesses with intent to buy or sell a 20 social security account number or a social security 21 card that is or purports to be a number or card 22 issued by the Commissioner of Social Security; 23 ''(4) knowingly alters, counterfeits, forges, or 24 falsely makes a social security account number or a 25 social security card; EAS13500 S.L.C. 508 1 ''(5) knowingly uses, distributes, or transfers a 2 social security account number or a social security 3 card knowing the number or card to be intentionally 4 altered, counterfeited, forged, falsely made, or sto- 5 len; or 6 ''(6) without lawful authority, knowingly pro- 7 duces or acquires for any person a social security ac- 8 count number, a social security card, or a number 9 or card that purports to be a social security account 10 number or social security card, 11 shall be fined under this title, imprisoned not more than 12 5 years, or both.''. 13 (B) TABLE OF SECTIONS AMENDMENT.-- 14 The table of sections for chapter 47 of title 18, 15 United States Code, is amended by adding after 16 the item relating to section 1040 the following: ''Sec. 1041. Social security fraud.''. 17 (2) INFORMATION 18 (A) IN DISCLOSURE.-- GENERAL.--Notwithstanding any 19 other provision of law and subject to subpara- 20 graph (B), the Commissioner of Social Security 21 shall disclose for the purpose of investigating a 22 violation of section 1041 of title 18, United 23 States Code, or section 274A, section 274B, or 24 section 274C of the Immigration and Nation- 25 ality Act (8 U.S.C. 1324a, 1324b, 1324c), pro- EAS13500 S.L.C. 509 1 vided that such request is in writing and from 2 an officer in a supervisory position or higher of- 3 ficial, the following records of the Social Secu- 4 rity Administration to any Federal law enforce- 5 ment agency that requests such records: 6 (i) Records concerning the identity, 7 address, location, or financial institution 8 accounts of the holder of a social security 9 account number or social security card. 10 (ii) Records concerning the applica- 11 tion for and issuance of a social security 12 account number or social security card. 13 (iii) Records concerning the existence 14 or nonexistence of a social security account 15 number or social security card. 16 (B) LIMITATION.--The Commissioner of 17 Social Security shall not disclose any tax return 18 or tax return information pursuant to subpara- 19 graph (A) except as authorized by section 6103 20 of the Internal Revenue Code of 1986. 21 SEC. 3103. INCREASING SECURITY AND INTEGRITY OF IM- 22 23 MIGRATION DOCUMENTS. Not later than 1 year after the date of the enactment 24 of this Act, the Secretary shall submit a report to Con25 gress on the feasibility, advantages, and disadvantages of EAS13500 S.L.C. 510 1 including, in addition to a photograph, other biometric in2 formation on each employment authorization document 3 issued by the Department. 4 SEC. 3104. RESPONSIBILITIES OF THE SOCIAL SECURITY 5 6 ADMINISTRATION. Title XI of the Social Security Act (42 U.S.C. 1301 7 et seq.) is amended by adding at the end the following 8 new part: 9 10 11 12 ''PART E--EMPLOYMENT VERIFICATION ''RESPONSIBILITIES OF THE COMMISSIONER OF SOCIAL SECURITY ''SEC. 1186. (a) CONFIRMATION OF EMPLOYMENT 13 VERIFICATION DATA.--As part of the employment 14 verification system established by the Secretary of Home15 land Security under the provisions of section 274A of the 16 Immigration and Nationality Act (8 U.S.C. 1324a) (in 17 this section referred to as the 'System'), the Commissioner 18 of Social Security shall, subject to the provisions of section 19 274A(d) of the Immigration and Nationality Act (8 U.S.C. 20 1324a(d)), establish a reliable, secure method that, oper21 ating through the System and within the time periods 22 specified in section 274A(d) of such Act-- 23 ''(1) compares the name, date of birth, social 24 security account number, and available citizenship 25 information provided in an inquiry against such in- EAS13500 S.L.C. 511 1 formation maintained by the Commissioner in order 2 to confirm (or not confirm) the validity of the infor- 3 mation provided regarding an individual whose iden- 4 tity and employment eligibility must be confirmed; 5 6 ''(2) determines the correspondence of the name, date of birth, and number; 7 ''(3) determines whether the name and number 8 belong to an individual who is deceased according to 9 the records maintained by the Commissioner; 10 ''(4) determines whether an individual is a na- 11 tional of the United States, as defined in section 12 101(a)(22) of the Immigration and Nationality Act 13 (8 U.S.C. 1101(a)(22)); and 14 ''(5) determines whether the individual has pre- 15 sented a social security account number that is not 16 valid for employment. 17 ''(b) PROHIBITION.--The System shall not disclose or 18 release social security information to employers through 19 the confirmation system (other than such confirmation or 20 nonconfirmation, information provided by the employer to 21 the System, or the reason for the issuance of a further 22 action notice).''. EAS13500 S.L.C. 512 1 SEC. 3105. IMPROVED PROHIBITION ON DISCRIMINATION 2 BASED ON NATIONAL ORIGIN OR CITIZEN- 3 SHIP STATUS. 4 (a) IN GENERAL.--Section 274B(a) (8 U.S.C. 5 1324b) is amended to read as follows: 6 ''(a) PROHIBITION ON DISCRIMINATION BASED ON 7 NATIONAL ORIGIN OR CITIZENSHIP STATUS.-- 8 9 ''(1) PROHIBITION ERALLY.--It ON DISCRIMINATION GEN- is an unfair immigration-related em- 10 ployment practice for a person, other entity, or em- 11 ployment agency, to discriminate against any indi- 12 vidual (other than an unauthorized alien defined in 13 section 274A(b)) because of such individual's na- 14 tional origin or citizenship status, with respect to the 15 following: 16 17 18 19 20 ''(A) The hiring of the individual for employment. ''(B) The verification of the individual's eligibility to work in the United States. ''(C) The discharging of the individual 21 from employment. 22 ''(2) EXCEPTIONS.--Paragraph (1) shall not 23 apply to the following: 24 ''(A) A person, other entity, or employer 25 that employs 5 or fewer employees, except for 26 an employment agency. EAS13500 S.L.C. 513 1 ''(B) A person's or entity's discrimination 2 because of an individual's national origin if the 3 discrimination with respect to that employer, 4 person, or entity and that individual is covered 5 under section 703 of the Civil Rights Act of 6 1964 (42 U.S.C. 2000e-2), unless the discrimi- 7 nation is related to an individual's verification 8 of employment authorization. ''(C) Discrimination because of citizenship 9 10 status which-- 11 ''(i) is otherwise required in order to 12 comply with a provision of Federal, State, 13 or local law related to law enforcement; ''(ii) is required by Federal Govern- 14 ment contract; or 15 16 ''(iii) the Secretary or Attorney Gen- 17 eral determines to be essential for an em- 18 ployer to do business with an agency or de- 19 partment of the Federal Government or a 20 State, local, or tribal government. 21 ''(3) ADDITIONAL EXCEPTION PROVIDING 22 RIGHT TO PREFER EQUALLY QUALIFIED CITIZENS.-- 23 Notwithstanding any other provision of this section, 24 it is not an unfair immigration-related employment 25 practice for an employer (as defined in section EAS13500 S.L.C. 514 1 274A(b)) to prefer to hire, recruit, or refer an indi- 2 vidual who is a citizen or national of the United 3 States over another individual who is an alien if the 4 2 individuals are equally qualified. ''(4) UNFAIR 5 IMMIGRATION-RELATED EMPLOY- 6 MENT PRACTICES RELATING TO THE SYSTEM.--It is 7 also an unfair immigration-related employment prac- 8 tice for a person, other entity, or employment agen- 9 cy-- 10 ''(A) to discharge or constructively dis- 11 charge an individual solely due to a further ac- 12 tion 13 Verification System created by section 274A 14 until the administrative appeal described in sec- 15 tion 274A(d)(6) is completed; notice issued by the Employment 16 ''(B) to use the System with regard to any 17 person for any purpose except as authorized by 18 section 274A(d); 19 ''(C) to use the System to reverify the em- 20 ployment authorization of a current employee, 21 including an employee continuing in employ- 22 ment, other than reverification in a situation 23 authorized by regulation on the date of the en- 24 actment of the Border Security, Economic Op- 25 portunity, and Immigration Modernization Act, EAS13500 S.L.C. 515 1 reverification upon expiration of employment 2 authorization, or as otherwise authorized under 3 section 274A(d) or by regulation; 4 5 ''(D) to use the System selectively for employees, except where authorized by law; 6 ''(E) to fail to provide to an individual any 7 notice required in section 274A(d) within the 8 relevant time period; 9 10 11 12 ''(F) to use the System to deny workers' employment or post-employment benefits; ''(G) to misuse the System to discriminate based on national origin or citizenship status; 13 ''(H) to require an employee or prospective 14 employee to use any self-verification feature of 15 the System or provide, as a condition of appli- 16 cation or employment, any self-verification re- 17 sults; 18 ''(I) to use an immigration status 19 verification system, service, or method other 20 than those described in section 274A for pur- 21 poses of verifying employment eligibility; or 22 ''(J) to grant access to document 23 verification or System data, to any individual or 24 entity other than personnel authorized to have 25 such access, or to fail to take reasonable safe- EAS13500 S.L.C. 516 1 guards to protect against unauthorized loss, 2 use, alteration, or destruction of System data. 3 ''(5) PROHIBITION OF INTIMIDATION OR RETAL- 4 IATION.--It is also an unfair immigration-related 5 employment practice for a person, other entity, or 6 employment agency to intimidate, threaten, coerce, 7 or retaliate against any individual-- 8 ''(A) for the purpose of interfering with 9 any right or privilege secured under this sec- 10 tion; or 11 ''(B) because the individual intends to file 12 or has filed a charge or a complaint, testified, 13 assisted, or participated in any manner in an 14 investigation, proceeding, or hearing under this 15 section. 16 ''(6) TREATMENT OF CERTAIN DOCUMENTARY 17 PRACTICES AS EMPLOYMENT PRACTICES.--A per- 18 son's, other entity's, or employment agency's re- 19 quest, for purposes of verifying employment eligi- 20 bility, for more or different documents than are re- 21 quired under section 274A, or for specific docu- 22 ments, or refusing to honor documents tendered that 23 reasonably appear to be genuine shall be treated as 24 an unfair immigration-related employment practice. EAS13500 S.L.C. 517 ''(7) EMPLOYMENT 1 AGENCY DEFINED.--In this 2 section, the term 'employment agency' means any 3 employer, person, or entity regularly undertaking 4 with or without compensation to procure employees 5 for an employer or to procure for employees oppor- 6 tunities to work for an employer and includes an 7 agent of such employer, person, or entity.''. 8 (b) REFERRAL BY EEOC.--Section 274B(b) (8 9 U.S.C. 1324b(b)) is amended by adding at the end the 10 following: 11 ''(3) REFERRAL BY EEOC.--The Equal Employ- 12 ment Opportunity Commission shall refer all matters 13 alleging 14 practices filed with the Commission, including those 15 alleging violations of paragraphs (1), (4), (5), and 16 (6) of subsection (a) to the Special Counsel for Im- 17 migration-Related Unfair Employment Practices of 18 the Department of Justice.''; 19 (c) AUTHORIZATION immigration-related OF unfair employment APPROPRIATIONS.--Section 20 274B(l)(3) (8 U.S.C. 1324b(l)(3)), is amended by striking 21 the period at the end and inserting ''and an additional 22 $40,000,000 for each of fiscal years 2014 through 2016.''. 23 (d) FINES.-- EAS13500 S.L.C. 518 1 (1) IN GENERAL.--Section 274B(g)(2)(B) (8 2 U.S.C. 1324b(g)(2)(B)) is amended by striking 3 clause (vi) and inserting the following: 4 ''(iv) to pay any applicable civil pen- 5 alties prescribed below, the amounts of 6 which may be adjusted periodically to ac- 7 count for inflation as provided by law-- 8 ''(I) except as provided in sub- 9 clauses (II) through (IV), to pay a 10 civil penalty of not less than $2,000 11 and not more than $5,000 for each in- 12 dividual subjected to an unfair immi- 13 gration-related employment practice; 14 ''(II) except as provided in sub- 15 clauses (III) and (IV), in the case of 16 an employer, person, or entity pre- 17 viously subject to a single order under 18 this paragraph, to pay a civil penalty 19 of not less than $4,000 and not more 20 than $10,000 for each individual sub- 21 jected to an unfair immigration-re- 22 lated employment practice; 23 ''(III) except as provided in sub- 24 clause (IV), in the case of an em- 25 ployer, person, or entity previously EAS13500 S.L.C. 519 1 subject to more than 1 order under 2 this paragraph, to pay a civil penalty 3 of not less than $8,000 and not more 4 than $25,000 for each individual sub- 5 jected to an unfair immigration-re- 6 lated employment practice; and 7 ''(IV) in the case of an unfair im- 8 migration-related employment practice 9 described in paragraphs (4) through 10 (6) of subsection (a), to pay a civil 11 penalty of not less than $500 and not 12 more than $2,000 for each individual 13 subjected to an unfair immigration-re- 14 lated employment practice.''. 15 (2) EFFECTIVE DATE.--The amendment made 16 by paragraph (1) shall take effect on the date that 17 is 1 year after the date of the enactment of this Act 18 and apply to violations occurring on or after such 19 date of enactment. 20 SEC. 3106. RULEMAKING. 21 22 23 (a) INTERIM FINAL REGULATIONS.-- (1) IN GENERAL.--Not later than 1 year after the date of the enactment of this Act-- 24 (A) the Secretary, shall issue regulations 25 implementing sections 3101, 3104, and 3105, EAS13500 S.L.C. 520 1 and the amendments made by such sections; 2 and 3 (B) the Attorney General shall issue regu- 4 lations implementing section 3102 and the 5 amendment made by such section. 6 (2) EFFECTIVE DATE.--Regulations issued pur- 7 suant to paragraph (1) shall be effective immediately 8 on an interim basis, but are subject to change and 9 revision after public notice and opportunity for a pe- 10 riod for public comment. 11 (b) FINAL REGULATIONS.--Within a reasonable time 12 after publication of the interim regulations under sub13 section (a), the Secretary, in consultation with the Com14 missioner of Social Security and the Attorney General, 15 shall publish final regulations implementing this subtitle. 17 Subtitle B--Protecting United States Workers 18 SEC. 3201. PROTECTIONS FOR VICTIMS OF SERIOUS VIOLA- 19 TIONS OF LABOR AND EMPLOYMENT LAW OR 20 CRIME. 16 21 (a) IN GENERAL.--Section 101(a)(15)(U) (8 U.S.C. 22 1101(a)(15)(U)) is amended-- 23 24 25 (1) in clause (i)-- (A) by amending subclause (I) to read as follows: EAS13500 S.L.C. 521 1 ''(I) the alien-- 2 ''(aa) has suffered substantial 3 physical or mental abuse or substan- 4 tial harm as a result of having been a 5 victim of criminal activity described in 6 clause (iii) or of a covered violation 7 described in clause (iv); or 8 ''(bb) is a victim of criminal ac- 9 tivity described in clause (iii) or of a 10 covered violation described in clause 11 (iv) and would suffer extreme hard- 12 ship upon removal;''; 13 (B) in subclause (II), by inserting '', or a 14 covered violation resulting in a claim described 15 in clause (iv) that is not the subject of a frivo- 16 lous lawsuit by the alien'' before the semicolon 17 at the end; and 18 19 (C) by amending subclauses (III) and (IV) to read as follows: 20 ''(III) the alien (or in the case of an 21 alien child who is younger than 16 years of 22 age, the parent, guardian, or next friend of 23 the alien) has been helpful, is being help- 24 ful, or is likely to be helpful to-- EAS13500 S.L.C. 522 1 ''(aa) a Federal, State, or local 2 law enforcement official, a Federal, 3 State, or local prosecutor, a Federal, 4 State, or local judge, the Department 5 of Homeland Security, the Equal Em- 6 ployment 7 the Department of Labor, or other 8 Federal or, State, or local authorities 9 investigating or prosecuting criminal 10 11 Opportunity Commission, activity described in clause (iii); or ''(bb) any Federal, State, or local 12 governmental agency investigating, 13 prosecuting, or seeking civil remedies 14 for any cause of action, whether 15 criminal, civil, or administrative, aris- 16 ing from a covered violation described 17 in clause (iv) and presents a certifi- 18 cation from such Federal, State, or 19 local governmental agency attesting 20 that the alien has been helpful, is 21 being helpful, or is likely to be helpful 22 to such agency in the investigation, 23 prosecution, or adjudication arising 24 from a covered violation described in 25 clause (iv); and EAS13500 S.L.C. 523 1 ''(IV) the criminal activity described 2 in clause (iii) or the covered violation de- 3 scribed in clause (iv)-- ''(aa) violated the laws of the 4 United States; or 5 6 ''(bb) occurred in the United 7 States (including Indian country and 8 military installations) or the terri- 9 tories and possessions of the United States;''; 10 (2) in clause (ii)(II), by striking ''and'' at the 11 12 end; 13 (3) by moving clause (iii) 2 ems to the left; 14 (4) in clause (iii)-- 15 (A) by inserting ''stalking, child abuse 16 when the alien is a minor;'' after ''sexual exploi- 17 tation;''; 18 19 20 (B) by inserting ''fraud in foreign labor contracting;'' before ''peonage;''; and (C) by striking ''or'' at the end and insert- 21 ing ''and''; and 22 (5) by adding at the end the following: 23 ''(iv) a covered violation referred to in this 24 clause is-- EAS13500 S.L.C. 524 1 ''(I) a serious violation involving 1 or more 2 of the following or any similar activity in viola- 3 tion of any Federal, State, or local law, serious 4 workplace abuse, exploitation, retaliation, or 5 violation of whistleblower protections; 6 ''(II) a violation giving rise to a civil cause 7 of action under section 1595 of title 18, United 8 States Code; or ''(III) a violation resulting in the depriva- 9 tion of due process or constitutional rights.''. 10 11 (b) SAVINGS PROVISION.--Nothing in section 12 101(a)(15)(U)(iv)(III) of the Immigration and Nationality 13 Act, as added by subsection (a), may be construed as al14 tering the definition of retaliation or discrimination under 15 any other provision of law. 16 (c) TEMPORARY STAY OF REMOVAL.--Section 274A 17 (8 U.S.C. 1324a), as amended by section 3101, is further 18 amended-- 19 20 21 (1) in subsection (e) by adding at the end the following: ''(10) CONDUCT IN ENFORCEMENT ACTIONS.-- 22 If the Secretary undertakes an enforcement action 23 at a facility about which a bona fide workplace claim 24 has been filed or is contemporaneously filed, or as 25 a result of information provided to the Secretary in EAS13500 S.L.C. 525 1 retaliation against employees for exercising their 2 rights related to a bona fide workplace claim, the 3 Secretary shall ensure that-- 4 ''(A) any aliens arrested or detained who 5 are necessary for the investigation or prosecu- 6 tion of a bona fide workplace claim violations or 7 criminal activity (as described in subparagraph 8 (T) or (U) of section 101(a)(15)) are not re- 9 moved from the United States until after the 10 Secretary-- 11 ''(i) notifies the appropriate law en- 12 forcement agency with jurisdiction over 13 such violations or criminal activity; and 14 ''(ii) provides such agency with the 15 opportunity to interview such aliens; 16 ''(B) no aliens entitled to a stay of removal 17 or abeyance of removal proceedings under this 18 section are removed; and 19 20 21 ''(C) the Secretary shall stay the removal of an alien who-- ''(i) has filed a covered violation de- 22 scribed in clause (iv) of section 23 101(a)(15)(U) and is the victim of the 24 same violations under an existing inves- 25 tigation; EAS13500 S.L.C. 526 1 ''(ii) is a material witness in any 2 pending or anticipated proceeding involving 3 a bona fide workplace claim or civil rights 4 claim; or 5 ''(iii) has filed for relief under such 6 section if the alien has is working with law 7 enforcement as described in clause (i)(III) 8 of such section.''; and (2) by adding at the end the following: 9 ''(m) VICTIMS 10 11 AND OF CRIMINAL ACTIVITY OR LABOR EMPLOYMENT VIOLATIONS.--The Secretary of 12 Homeland Security may permit an alien to remain tempo13 rarily in the United States and authorize the alien to en14 gage in employment in the United States if the Secretary 15 determines that the alien-- ''(1) 16 17 has filed for relief under section 101(a)(15)(U); or 18 ''(2)(A) has filed, or is a material witness to, a 19 bona fide claim or proceedings resulting from a cov- 20 ered 21 101(a)(15)(U)(iv)); and violation (as defined in section 22 ''(B) has been helpful, is being helpful, or is 23 likely to be helpful, in the investigation, prosecution 24 of, or pursuit of civil remedies related to the claim 25 arising from a covered violation, to-- EAS13500 S.L.C. 527 ''(i) a Federal, State, or local law enforce- 1 2 ment official; 3 ''(ii) a Federal, State, or local prosecutor; 4 ''(iii) a Federal, State, or local judge; 5 ''(iv) the Department of Homeland Secu- 6 7 8 rity; ''(v) the Equal Employment Opportunity Commission; or 9 ''(vi) the Department of Labor.''. 10 (d) CONFORMING AMENDMENTS.--Section 214(p) (8 11 U.S.C. 1184(p)) is amended-- 12 (1) in paragraph (1), by striking ''in section 13 101(a)(15)(U)(iii).'' both places it appears and in- 14 serting ''in clause (iii) of section 101(a)(15)(U) or 15 investigating, prosecuting, or seeking civil remedies 16 for claims resulting from a covered violation de- 17 scribed in clause (iv) of such section.''; and 18 19 (2) in the first sentence of paragraph (6)-- (A) by striking ''in section 20 101(a)(15)(U)(iii)'' and inserting ''in clause 21 (iii) of section 101(a)(15)(U) or claims result- 22 ing from a covered violation described in clause 23 (iv) of such section''; and EAS13500 S.L.C. 528 1 (B) by inserting ''or claim arising from a 2 covered violation'' after ''prosecution of such 3 criminal activity''. 4 (e) MODIFICATION 5 TO ADJUST STATUS OF FOR LIMITATION VICTIMS OF ON AUTHORITY CRIMES.--Section 6 245(m)(1) (8 U.S.C. 1255(m)(1)) is amended, in the mat7 ter before subparagraph (A), by inserting ''or an investiga8 tion or prosecution regarding a workplace or civil rights 9 claim'' after ''prosecution''. 10 11 (f) EXPANSION FORMATION OF LIMITATION ON SOURCES OF IN - THAT MAY BE USED TO MAKE ADVERSE 12 DETERMINATIONS.-- (1) IN 13 GENERAL.--Section 384(a)(1) of the Il- 14 legal Immigration Reform and Immigrant Responsi- 15 bility Act of 1996 (8 U.S.C. 1367(a)(1)) is amend- 16 ed-- 17 (A) in each of subparagraphs (A) through 18 (D), by striking the comma at the end and in- 19 serting a semicolon; 20 (B) subparagraph (E), by striking ''the 21 criminal activity,'' and inserting ''abuse and the 22 criminal activity or bona fide workplace claim 23 (as defined in subsection (e));''; EAS13500 S.L.C. 529 1 (C) in subparagraph (F), by striking '', the 2 trafficker or perpetrator,'' and inserting ''), the 3 trafficker or perpetrator; or''; and 4 5 6 7 (D) by inserting after subparagraph (F) the following: ''(G) the alien's employer,''. (2) WORKPLACE CLAIM DEFINED.--Section 384 8 of the Illegal Immigration Reform and Immigrant 9 Responsibility Act of 1996 (8 U.S.C. 1367) is 10 amended by adding at the end the following: 11 ''(e) WORKPLACE CLAIMS.-- 12 ''(1) WORKPLACE 13 ''(A) IN CLAIMS DEFINED.-- GENERAL.--In section (a)(1), the 14 term 'workplace claim' means any claim, peti- 15 tion, charge, complaint, or grievance filed with, 16 or submitted to, a Federal, State, or local agen- 17 cy or court, relating to the violation of applica- 18 ble Federal, State, or local labor or employment 19 laws. 20 ''(B) CONSTRUCTIONS.--Subparagraph (A) 21 may not be construed to alter what constitutes 22 retaliation or discrimination under any other 23 provision of law. 24 ''(2) PENALTY 25 FOR FALSE CLAIMS.--Any per- son who knowingly presents a false or fraudulent EAS13500 S.L.C. 530 1 claim to a law enforcement official in relation to a 2 covered violation for the purpose of obtaining a ben- 3 efit under this section shall be subject to a civil pen- 4 alty of not more than $1,000. 5 ''(3) LIMITATION ON STAY OF ADVERSE DETER- 6 MINATIONS.--In the case of an alien applying for 7 status under section 101(a)(15)(U) of the Immigra- 8 tion and Nationality Act and seeking relief under 9 this section, the prohibition on adverse determina- 10 tions under subsection (a) shall expire on the date 11 that the alien's application for status under such 12 section is denied and all opportunities for appeal of 13 the denial have been exhausted.''. 14 (g) REMOVAL PROCEEDINGS.--Section 239(e) (8 15 U.S.C. 1229(e)) is amended-- 16 17 18 (1) in paragraph (1)-- (A) by striking ''In cases where'' and inserting ''If''; and 19 (B) by striking ''paragraph (2),'' and in- 20 serting ''paragraph (2) or as a result of infor- 21 mation provided to the Secretary of Homeland 22 Security in retaliation against individuals for 23 exercising or attempting to exercise their em- 24 ployment rights or other legal rights,''; and EAS13500 S.L.C. 531 1 2 (2) in paragraph (2), by adding at the end the following: 3 ''(C) At a facility about which a bona fide 4 workplace claim has been filed or is contem- 5 poraneously filed.''. 6 7 8 SEC. 3202. EMPLOYMENT VERIFICATION SYSTEM EDUCATION FUNDING. (a) DISPOSITION OF CIVIL PENALTIES.--Penalties 9 collected under subsections (e)(4) and (f)(3) of section 10 274A of the Immigration and Nationality Act, amended 11 by section 3101, shall be deposited, as offsetting receipts, 12 into the Comprehensive Immigration Reform Trust Fund 13 established under section 6(a)(1). 14 (b) EXPENDITURES.--Amounts deposited into the 15 Trust Fund under subsection (a) shall be made available 16 to the Secretary to provide education to employers and 17 employees regarding the requirements, obligations, and 18 rights under the Employment Verification System. 19 20 (c) DETERMINATION OF BUDGETARY EFFECTS.-- (1) EMERGENCY DESIGNATION FOR CONGRES- 21 SIONAL ENFORCEMENT.--In the Senate, amounts 22 made available under this section are designated as 23 an emergency requirement pursuant to section 24 403(a) of S. Con. Res. 13 (111th Congress), the EAS13500 S.L.C. 532 1 concurrent resolution on the budget for fiscal year 2 2010. (2) EMERGENCY 3 DESIGNATION FOR STATUTORY 4 PAYGO.--Amounts 5 are designated as an emergency requirement under 6 section 4(g) of the Statutory Pay-As-You-Go Act of 7 2010 (Public Law 111-139; 2 U.S.C. 933(g)). 8 SEC. 3203. 9 10 DIRECTIVE made available under this section TO THE UNITED STATES SEN- TENCING COMMISSION. (a) IN GENERAL.--Pursuant to its authority under 11 section 994 of title 28, United States Code, and in accord12 ance with subsection (b), the United States Sentencing 13 Commission shall promulgate sentencing guidelines or 14 amend existing sentencing guidelines to modify, if appro15 priate, the penalties imposed on persons convicted of of16 fenses under-- 17 (1) section 274A of the Immigration and Na- 18 tionality Act (8 U.S.C. 1324a), as amended by sec- 19 tion 3101; 20 21 22 (2) section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216); and (3) any other Federal law covering similar con- 23 duct. 24 (b) REQUIREMENTS.--In carrying out subsection (a), 25 the Sentencing Commission shall provide sentencing en- EAS13500 S.L.C. 533 1 hancements for any person convicted of an offense de2 scribed in subsection (a) if such offense involves-- 3 4 (1) the intentional confiscation of identification documents; 5 (2) corruption, bribery, extortion, or robbery; 6 (3) sexual abuse; 7 (4) serious bodily injury; 8 (5) an intent to defraud; or 9 (6) a pattern of conduct involving multiple vio- 10 lations of law that-- 11 (A) creates, through knowing and inten- 12 tional conduct, a risk to the health or safety of 13 any victim; or (B) denies payments due to victims for 14 15 16 17 work completed. SEC. 3204. CONFIDENTIALITY FOR VICTIMS OF CRIME. Section 384 of the Illegal Immigration Reform and 18 Immigrant Responsibility Act of 1996 (8 U.S.C. 1367) is 19 amended-- 20 21 22 (1) in subsection (a)-- (A) in the matter preceding paragraph (1)-- 23 (i) by striking ''in no case may''; and 24 (ii) by inserting ''or, with respect to 25 subparagraphs (E) and (F) and paragraph EAS13500 S.L.C. 534 1 (2), any other official or employee of a cer- 2 tifying agency, may not'' after ''Depart- 3 ments)''; and 4 (B) in paragraph (2), by striking ''who is 5 a beneficiary of an application'' and inserting 6 ''applying for''; and 7 (2) in subsection (b)-- 8 9 (A) in paragraph (4), by striking ''battered''; and 10 (B) by adding at the end the following: 11 ''(8)(A) Subsection (a)(2) may not be construed 12 to prevent the disclosure of-- 13 ''(i) information that prosecutors are con- 14 stitutionally obligated to disclose to provide 15 statements by witnesses and certain other docu- 16 ments to defendants in a pending Federal 17 criminal proceeding; or 18 ''(ii) information in a civil proceeding in 19 which a judge orders that such information be 20 disclosed in connection with a witness testifying 21 in such proceeding. 22 ''(B) All information disclosed during litigation 23 pursuant to the exception set forth in this paragraph 24 for any purpose other than the purpose ordered in 25 the proceeding-- EAS13500 S.L.C. 535 ''(i) may not be disclosed to any non- 1 required party; 2 3 ''(ii) shall be filed under seal, with all per- 4 sonally identifying information redacted except 5 the witness's first name; and ''(iii) shall be returned to the disclosing 6 7 party at the conclusion of the proceeding.''. 8 Subtitle C--Other Provisions 9 10 11 SEC. 3301. FUNDING. (a) ESTABLISHMENT MENT OF THE INTERIOR ENFORCE- ACCOUNT.--There is hereby established in the 12 Treasury of the United States an account which shall be 13 known as the Interior Enforcement Account. 14 (b) APPROPRIATIONS.--There are authorized to be 15 appropriated to the Interior Enforcement Account 16 $1,000,000,000 to carry out this title and the amend17 ments made by this title, including the following appro18 priations: 19 (1) In each of the 5 years beginning on the date 20 of the enactment of this Act, the appropriations nec- 21 essary to increase to a level not less than 5,000, by 22 the end of such 5-year period, the total number of 23 personnel of the Department assigned exclusively or 24 principally to an office or offices in U.S. Citizenship 25 and Immigration Services and U.S. Immigration and EAS13500 S.L.C. 536 1 Customs Enforcement (and consistent with the mis- 2 sions of such agencies), dedicated to administering 3 the System, and monitoring and enforcing compli- 4 ance with sections 274A, 274B, and 274C of the 5 Immigration and Nationality Act (8 U.S.C. 1324a, 6 1324b, and 1324c), including compliance with the 7 requirements of the Electronic Verification System 8 established under section 274A(d) of the Immigra- 9 tion and Nationality Act (8 U.S.C. 1324a(d)), as 10 amended by section 3101. Such personnel shall per- 11 form compliance and monitoring functions, including 12 the following: 13 (A) Verify compliance of employers partici- 14 pating in such System with the requirements 15 for participation that are prescribed by the Sec- 16 retary. 17 (B) Monitor such System for multiple uses 18 of social security account numbers and immi- 19 gration identification numbers that could indi- 20 cate identity theft or fraud. 21 22 (C) Monitor such System to identify discriminatory or unfair practices. 23 (D) Monitor such System to identify em- 24 ployers who are not using such System prop- 25 erly, including employers who fail to make EAS13500 S.L.C. 537 1 available appropriate records with respect to 2 their queries and any notices of confirmation, 3 nonconfirmation, or further action. 4 (E) Identify instances in which an em- 5 ployee alleges that an employer violated the em- 6 ployee's privacy or civil rights, or misused such 7 System, and create procedures for an employee 8 to report such an allegation. 9 (F) Analyze and audit the use of such Sys- 10 tem and the data obtained through such System 11 to identify fraud trends, including fraud trends 12 across industries, geographical areas, or em- 13 ployer size. 14 (G) Analyze and audit the use of such Sys- 15 tem and the data obtained through such System 16 to develop compliance tools as necessary to re- 17 spond to changing patterns of fraud. 18 (H) Provide employers with additional 19 training and other information on the proper 20 use of such System, including training related 21 to privacy and employee rights. 22 (I) Perform threshold evaluation of cases 23 for referral to the Special Counsel for Immigra- 24 tion-Related Unfair Employment Practices of 25 the Department of Justice or the Equal Em- EAS13500 S.L.C. 538 1 ployment Opportunity Commission, and other 2 officials or agencies with responsibility for en- 3 forcing anti-discrimination, civil rights, privacy, 4 or worker protection laws, as may be appro- 5 priate. 6 (J) Any other compliance and monitoring 7 activities that the Secretary determines are nec- 8 essary to ensure the functioning of such Sys- 9 tem. 10 (K) Investigate identity theft and fraud de- 11 tected through such System and undertake the 12 necessary enforcement or referral actions. 13 (L) Investigate use of or access to fraudu- 14 lent documents and undertake the necessary en- 15 forcement actions. 16 (M) Perform any other investigations that 17 the Secretary determines are necessary to en- 18 sure the lawful functioning of such System, and 19 undertake any enforcement actions necessary as 20 a result of such investigations. 21 (2) The appropriations necessary to acquire, in- 22 stall, and maintain technological equipment nec- 23 essary to support the functioning of such System 24 and the connectivity between U.S. Citizenship and 25 Immigration Services and U.S. Immigration and EAS13500 S.L.C. 539 1 Customs Enforcement, the Department of Justice, 2 and other agencies or officials with respect to the 3 sharing of information to support such System and 4 related immigration enforcement actions. 5 (3) The appropriations necessary to establish a 6 robust redress process for employees who wish to ap- 7 peal contested nonconfirmations to ensure the accu- 8 racy and fairness of such System. 9 (4) The appropriations necessary to provide a 10 means by which individuals may access their own 11 employment authorization data to ensure the accu- 12 racy of such data, independent of an individual's em- 13 ployer. 14 (5) To carry out the identity authentication 15 mechanisms described in section 274A(c)(1)(F) of 16 the Immigration and Nationality Act, as amended by 17 section 3101(a). 18 (6) The appropriations necessary for the Office 19 for Civil Rights and Civil Liberties and the Office of 20 Privacy of the Department to perform the respon- 21 sibilities of such Offices related to such System. 22 (7) The appropriations necessary to make 23 grants to States to support the States in assisting 24 the Federal Government in carrying out the provi- EAS13500 S.L.C. 540 1 sions of this title and the amendments made by this 2 title. 3 (c) AUTHORIZATION OF APPROPRIATIONS TO THE 4 COMMISSIONER OF SOCIAL SECURITY.-- 5 (1) IN GENERAL.--There are authorized to be 6 appropriated to the Commissioner of Social Security 7 such sums as may be necessary to carry out the pro- 8 visions of this title and the amendments made by 9 this title. 10 (2) PROHIBITION ON USE OF TRUST FUNDS.-- 11 In no case shall the Commissioner expend funds 12 from the Old Age and Survivors Trust Fund or the 13 Disability Trust Fund for expenses related to ad- 14 ministration of this title or the amendments made by 15 this title. 16 (d) AUTHORIZATION OF APPROPRIATIONS TO THE 17 ATTORNEY GENERAL.--There are authorized to be appro18 priated to the Attorney General such sums as may be nec19 essary to carry out the provisions of this title and the 20 amendments made by this title, including enforcing com21 pliance with section 274B of the Immigration and Nation22 ality Act, as amended by section 3105 of this Act. 23 (e) AUTHORIZATION 24 SECRETARY OF OF APPROPRIATIONS TO THE STATE.--There are authorized to be ap- 25 propriated to the Secretary of State such sums as may EAS13500 S.L.C. 541 1 be necessary to carry out the provisions of this title and 2 the amendments made by this title. 3 4 SEC. 3302. EFFECTIVE DATE. Except as otherwise specifically provided, this title 5 and the amendments made by this title shall take effect 6 on the date of the enactment of this Act. 7 8 SEC. 3303. MANDATORY EXIT SYSTEM. (a) ESTABLISHMENT.--Not later than December 31, 9 2015, the Secretary shall establish a mandatory exit data 10 system that shall include a requirement for the collection 11 of data from machine-readable visas, passports, and other 12 travel and entry documents for all categories of aliens who 13 are exiting from air and sea ports of entry. 14 15 (b) INTEGRATION AND INTEROPERABILITY.-- (1) INTEGRATION OF DATA SYSTEM.--The Sec- 16 retary shall fully integrate all data from databases 17 and data systems that process or contain informa- 18 tion on aliens, which are maintained by-- 19 20 21 22 23 24 25 (A) the Department, at-- (i) the U.S. Immigration and Customs Enforcement; (ii) the U.S. Customs and Border Protection; and (iii) the U.S. Citizenship and Immigration Services; EAS13500 S.L.C. 542 1 2 3 (B) the Department of Justice, at the Executive Office for Immigration Review; and (C) the Department of State, at the Bu- 4 reau of Consular Affairs. 5 (2) INTEROPERABLE COMPONENT.--The fully 6 integrated data system under paragraph (1) shall be 7 an interoperable component of the exit data system. 8 (3) INTEROPERABLE DATA SYSTEM.--The Sec- 9 retary shall fully implement an interoperable elec- 10 tronic data system to provide current and immediate 11 access to information in the databases of Federal 12 law enforcement agencies and the intelligence com- 13 munity that is relevant to determine-- 14 (A) whether to issue a visa; or 15 (B) the admissibility or deportability of an 16 alien. 17 (4) TRAINING.--The Secretary shall establish 18 ongoing training modules on immigration law to im- 19 prove adjudications at United States ports of entry, 20 consulates, and embassies. EAS13500 S.L.C. 543 1 SEC. 3304. IDENTITY-THEFT RESISTANT MANIFEST INFOR- 2 MATION FOR PASSENGERS, CREW, AND NON- 3 CREW ONBOARD DEPARTING AIRCRAFT AND 4 VESSELS. 5 (a) DEFINITIONS.--Except as otherwise specifically 6 provided, in this section: 7 (1) IDENTITY-THEFT RESISTANT COLLECTION 8 LOCATION.--The 9 lection location'' means a location within an airport 10 term ''identity-theft resistant col- or seaport-- 11 (A) within the path of the departing alien, 12 such that the alien would not need to signifi- 13 cantly deviate from that path to comply with 14 exit requirements at which air or vessel carrier 15 employees, as applicable, either present or rou- 16 tinely available if an alien needs processing as- 17 sistance; and 18 (B) which is equipped with technology that 19 is able to securely transmit identity-theft resist- 20 ant departure manifest information to the De- 21 partment. 22 (2) US-VISIT.--The term ''US-VISIT'' means 23 the United States-Visitor and Immigrant Status In- 24 dicator Technology system. 25 (b) IDENTITY THEFT RESISTANT MANIFEST INFOR- 26 MATION.-- EAS13500 S.L.C. 544 1 (1) PASSPORT OR VISA COLLECTION REQUIRE- 2 MENT.--Except 3 propriate official of each commercial aircraft or ves- 4 sel departing from the United States to any port or 5 place outside the United States shall ensure trans- 6 mission to U.S. Customs and Border Protection of 7 identity-theft resistant departure manifest informa- 8 tion covering alien passengers, crew, and non-crew. 9 Such identity-theft resistant departure manifest in- 10 as provided in paragraph (c), an ap- formation-- 11 (A) shall be transmitted to U.S. Customs 12 and Border Protection at the place and time 13 specified in subparagraph (3) by means ap- 14 proved by the Secretary; and 15 (B) shall set forth the information speci- 16 fied in paragraph (4) or other information as 17 required by the Secretary. 18 (2) MANNER OF COLLECTION.--Carriers board- 19 ing alien passengers, crew, and non-crew subject to 20 the requirement to provide information upon depar- 21 ture US-VISIT processing shall collect identity-theft 22 resistant departure manifest information from each 23 alien at a collection location at the airport or seaport 24 before boarding that alien on transportation for de- 25 parture from the United States, at a time close to EAS13500 S.L.C. 545 1 the originally scheduled departure of that pas- 2 senger's aircraft or sea vessel as practicable. 3 4 (3) TIME AND MANNER OF SUBMISSION.-- (A) IN GENERAL.--The appropriate official 5 specified in paragraph (1) shall ensure trans- 6 mission of the identity-theft resistant departure 7 manifest information required and collected 8 under paragraphs (1) and (2) to the Data Cen- 9 ter or Headquarters U.S. Customs and Border 10 Protection, or such other data center as may be 11 designated. 12 (B) TRANSMISSION.--The biometric depar- 13 ture information may be transmitted to the De- 14 partment over any means of communication au- 15 thorized by the Secretary for the transmission 16 of other electronic manifest information con- 17 taining personally identifiable information and 18 under transmission standards currently applica- 19 ble to other electronic manifest information. 20 (C) SUBMISSION ALONG WITH OTHER IN- 21 FORMATION.--Files containing the identity- 22 theft resistant departure manifest informa- 23 tion-- 24 (i) may be sent with other electronic 25 manifest data prior to departure or may be EAS13500 S.L.C. 546 1 sent separately from any topically related 2 electronic manifest data; and (ii) may be sent in batch mode. 3 (4) INFORMATION 4 REQUIRED.--The identity- 5 theft resistant departure information required under 6 paragraphs (1) through (3) for each covered pas- 7 senger or crew member shall contain alien data from 8 machine-readable visas, passports, and other travel 9 and entry documents issued to the alien. 10 (c) EXCEPTION.--The identity-theft resistant depar- 11 ture manifest information specified in this section is not 12 required for any alien active duty military personnel trav13 eling as passengers on board a departing Department of 14 Defense commercial chartered aircraft. 15 (d) CARRIER MAINTENANCE AND USE OF IDENTITY- RESISTANT DEPARTURE MANIFEST INFORMA- 16 THEFT 17 TION.--Carrier use of identity-theft resistant departure 18 manifest information for purposes other than as described 19 in standards set by the Secretary is prohibited. Carriers 20 shall immediately notify the Chief Privacy Officer of the 21 Department in writing in event of unauthorized use or ac22 cess, or breach, of identity-theft resistant departure mani23 fest information. 24 (e) COLLECTION AT SPECIFIED LOCATION.--If the 25 Secretary determines that an air or vessel carrier has not EAS13500 S.L.C. 547 1 adequately complied with the provisions of this section, the 2 Secretary may, in the Secretary's discretion, require the 3 air or vessel carrier to collect identity-theft resistant de4 parture manifest information at a specific location prior 5 to the issuance of a boarding pass or other document on 6 the international departure, or the boarding of crew, in 7 any port through which the carrier boards aliens for inter8 national departure under the supervision of the Secretary 9 for such period as the Secretary considers appropriate to 10 ensure the adequate collection and transmission of biomet11 ric departure manifest information. 12 (f) FUNDING.--There shall be appropriated to the In- 13 terior Enforcement Account $500,000,000 to reimburse 14 carriers for their reasonable actual expenses in carrying 15 out their duties as described in this section. 16 17 (g) DETERMINATION OF BUDGETARY EFFECTS.-- (1) EMERGENCY DESIGNATION FOR CONGRES- 18 SIONAL ENFORCEMENT.--In 19 made available under this section are designated as 20 an emergency requirement pursuant to section 21 403(a) of S. Con. Res. 13 (111th Congress), the 22 concurrent resolution on the budget for fiscal year 23 2010. 24 25 (2) EMERGENCY PAYGO.--Amounts the Senate, amounts DESIGNATION FOR STATUTORY made available under this section EAS13500 S.L.C. 548 1 are designated as an emergency requirement under 2 section 4(g) of the Statutory Pay-As-You-Go Act of 3 2010 (Public Law 111-139; 2 U.S.C. 933(g)). 4 SEC. 3305. PROFILING. 5 (a) PROHIBITION.--In making routine or sponta- 6 neous law enforcement decisions, such as ordinary traffic 7 stops, Federal law enforcement officers may not use race 8 or ethnicity to any degree, except that officers may rely 9 on race and ethnicity if a specific suspect description ex10 ists. 11 (b) EXCEPTIONS.-- 12 (1) In conducting activities in connection with 13 a specific investigation, Federal law enforcement of- 14 ficers may consider race and ethnicity only to the ex- 15 tent that there is trustworthy information, relevant 16 to the locality or time frame, that links persons of 17 a particular race or ethnicity to an identified crimi- 18 nal incident, scheme, or organization. This standard 19 applies even where the use of race or ethnicity might 20 otherwise be lawful. 21 (2) In investigating or preventing threats to na- 22 tional security or other catastrophic events (includ- 23 ing the performance of duties related to air trans- 24 portation security), or in enforcing laws protecting 25 the integrity of the Nation's borders, Federal law EAS13500 S.L.C. 549 1 enforcement officers may not consider race or eth- 2 nicity except to the extent permitted by the Con- 3 stitution and laws of the United States. 4 (3) DEFINED TERM.--In this section, the term 5 ?Federal law enforcement officer? means any officer, 6 agent, or employee of the United States authorized 7 by law or by a Government agency to engage in or 8 supervise the prevention, detection, investigation, or 9 prosecution of any violation of Federal law. 10 11 (b) STUDY AND REGULATIONS.-- (1) DATA COLLECTION.--Not later than 180 12 days after the date of the enactment of this Act, the 13 Secretary shall begin collecting data regarding the 14 individualized immigration enforcement activities of 15 covered Department of Homeland Security officers. 16 (2) STUDY.--Not later than 180 days after 17 data collection under paragraph (1) commences, the 18 Secretary shall complete a study analyzing the data. 19 (3) REGULATIONS.--Not later than 90 days 20 after the date the study required by paragraph (2) 21 is completed, the Secretary, in consultation with the 22 Attorney General, shall issue regulations regarding 23 the use of race, ethnicity, and any other suspect 24 classifications the Secretary deems appropriate by 25 covered Department of Homeland Security officers. EAS13500 S.L.C. 550 1 (4) REPORTS.--Not later than 30 days after 2 completion of the study required by paragraph (2), 3 the Secretary shall submit the study to-- (A) the Committee on Homeland Security 4 and Governmental Affairs of the Senate; 5 (B) the Committee on Homeland Security 6 of the House of Representatives; 7 (C) the Committee on Appropriations of 8 the Senate; 9 (D) the Committee on Appropriations of 10 the House of Representatives; 11 (E) the Committee on the Judiciary of the 12 Senate; and 13 (F) the Committee on the Judiciary of the 14 15 House of Representatives. 16 (5) DEFINED TERM.--In this subsection, the 17 term ''covered Department of Homeland Security of- 18 ficer'' means any officer, agent, or employee of 19 United States Customs and Border Protection, 20 United States Immigration and Customs Enforce- 21 ment, or the Transportation Security Administra- 22 tion. EAS13500 S.L.C. 551 2 Subtitle D--Asylum and Refugee Provisions 3 SEC. 3401. TIME LIMITS AND EFFICIENT ADJUDICATION OF 1 4 5 GENUINE ASYLUM CLAIMS. Section 208(a)(2) (8 U.S.C. 1158(a)(2)) is amend- 6 ed-- 7 (1) in subparagraph (A), by inserting ''or the 8 Secretary of Homeland Security'' after ''Attorney 9 General'' both places such term appears; 10 (2) by striking subparagraphs (B) and (D); 11 (3) by redesignating subparagraph (C) as sub- 12 paragraph (B); 13 (4) in subparagraph (B), as redesignated, by 14 striking ''subparagraph (D)'' and inserting ''sub- 15 paragraphs (C) and (D)''; and 16 (5) by inserting after subparagraph (B), as re- 17 designated, the following: 18 ''(C) CHANGED CIRCUMSTANCES.--Not- 19 withstanding subparagraph (B), an application 20 for asylum of an alien may be considered if the 21 alien demonstrates, to the satisfaction of the 22 Attorney General or the Secretary of Homeland 23 Security, 24 cumstances that materially affect the appli- 25 cant's eligibility for asylum. the existence of changed cir- EAS13500 S.L.C. 552 1 ''(D) MOTION TO REOPEN CERTAIN MERI- CLAIMS.--Notwithstanding subpara- 2 TORIOUS 3 graph (B) or section 240(c)(7), an alien may 4 file a motion to reopen an asylum claim during 5 the 2-year period beginning on the date of the 6 enactment of the Border Security, Economic 7 Opportunity, and Immigration Modernization 8 Act if the alien-- 9 ''(i) was denied asylum based solely 10 upon a failure to meet the 1-year applica- 11 tion filing deadline in effect on the date on 12 which the application was filed; 13 ''(ii) was granted withholding of re- 14 moval pursuant to section 241(b)(3) and 15 has not obtained lawful permanent resi- 16 dence in the United States pursuant to any 17 other provision of law; 18 ''(iii) is not subject to the safe third 19 country exception in subsection (a)(2)(A) 20 or a bar to asylum under subsection (b)(2) 21 and should not be denied asylum as a mat- 22 ter of discretion; and 23 24 ''(iv) is physically present in the United States when the motion is filed.''. EAS13500 S.L.C. 553 1 SEC. 3402. REFUGEE FAMILY PROTECTIONS. (a) CHILDREN 2 3 AND OF REFUGEE OR ASYLEE SPOUSES CHILDREN.--A child of an alien who qualifies for ad- 4 mission as a spouse or child under section 207(c)(2)(A) 5 or 208(b)(3) of the Immigration and Nationality Act (8 6 U.S.C. 1157(c)(2)(A) and 1158(b)(3)) shall be entitled to 7 the same admission status as such alien if the child-- (1) is accompanying or following to join such 8 alien; and 9 (2) 10 is otherwise eligible under section 11 207(c)(2)(A) or 208(b)(3) of the Immigration and 12 Nationality Act. 13 SEC. 3403. CLARIFICATION ON DESIGNATION OF CERTAIN 14 15 REFUGEES. Section 207(c)(1) (8 U.S.C. 1157(c)(1)) is amend- 16 ed-- 17 18 19 20 (1) by inserting ''(A)'' before ''Subject to the numerical limitations''; and (2) by adding at the end the following: ''(B)(i) The President, upon a recommendation of the 21 Secretary of State made in consultation with the Secretary 22 of Homeland Security, and after appropriate consultation, 23 may designate specifically defined groups of aliens-- 24 ''(I) whose resettlement in the United States is 25 justified by humanitarian concerns or is otherwise in 26 the national interest; and EAS13500 S.L.C. 554 1 ''(II) who-- 2 ''(aa) share common characteristics that 3 identify them as targets of persecution on ac- 4 count of race, religion, nationality, membership 5 in a particular social group, or political opinion; 6 or 7 ''(bb) having been identified as targets as 8 described in item (aa), share a common need 9 for resettlement due to a specific vulnerability. 10 ''(ii) An alien who establishes membership in a group 11 designated under clause (i) to the satisfaction of the Sec12 retary of Homeland Security shall be considered a refugee 13 for purposes of admission as a refugee under this section 14 unless the Secretary determines that such alien ordered, 15 incited, assisted, or otherwise participated in the persecu16 tion of any person on account of race, religion, nationality, 17 membership in a particular social group, or political opin18 ion. 19 ''(iii) A designation under clause (i) is for purposes 20 of adjudicatory efficiency and may be revoked by the 21 President at any time after notification to Congress. 22 ''(iv) Categories of aliens established under section 23 599D of the Foreign Operations, Export Financing, and 24 Related Programs Appropriations Act, 1990 (Public Law 25 101-167; 8 U.S.C. 1157 note)-- EAS13500 S.L.C. 555 1 ''(I) shall be designated under clause (i) until 2 the end of the first fiscal year commencing after the 3 date of the enactment of the Border Security, Eco- 4 nomic Opportunity, and Immigration Modernization 5 Act; and 6 ''(II) shall be eligible for designation thereafter 7 at the discretion of the President, considering, 8 among other factors, whether a country under con- 9 sideration has been designated by the Secretary of 10 State as a 'Country of Particular Concern' for en- 11 gaging in or tolerating systematic, ongoing, and 12 egregious violations of religious freedom. 13 ''(v) A designation under clause (i) shall not influence 14 decisions to grant, to any alien, asylum under section 208, 15 protection under section 241(b)(3), or protection under 16 the Convention Against Torture and Other Cruel, Inhu17 man or Degrading Treatment or Punishment, done at 18 New York December 10, 1984. 19 ''(vi) A decision to deny admission under this section 20 to an alien who establishes to the satisfaction of the Sec21 retary that the alien is a member of a group designated 22 under clause (i) shall-- 23 ''(I) be in writing; and 24 ''(II) state, to the maximum extent feasible, the 25 reason for the denial. EAS13500 S.L.C. 556 1 ''(vii) Refugees admitted pursuant to a designation 2 under clause (i) shall be subject to the number of admis3 sions under this section.''. 4 5 SEC. 3404. ASYLUM DETERMINATION EFFICIENCY. Section 235(b)(1)(B)(ii) (8 U.S.C. 1225(b)(1)(B)(ii)) 6 is amended-- 7 (1) by striking ''asylum.'' and inserting ''asy- 8 lum by an asylum officer. The asylum officer, after 9 conducting a nonadversarial asylum interview and 10 seeking supervisory review, may grant asylum to the 11 alien under section 208 or refer the case to a des- 12 ignee of the Attorney General, for a de novo asylum 13 determination, for relief under the Convention 14 Against Torture and Other Cruel, Inhuman or De- 15 grading Treatment or Punishment, done at New 16 York December 10, 1984, or for protection under 17 section 241(b)(3).''. 18 19 SEC. 3405. STATELESS PERSONS IN THE UNITED STATES. (a) IN GENERAL.--Chapter 1 of title II (8 U.S.C. 20 1151 et seq.) is amended by adding at the end the fol21 lowing: 22 23 24 ''SEC. 210A. PROTECTION OF CERTAIN STATELESS PERSONS IN THE UNITED STATES. ''(a) STATELESS PERSONS.-- EAS13500 S.L.C. 557 1 ''(1) IN GENERAL.--In this section, the term 2 'stateless person' means an individual who is not 3 considered a national under the operation of the 4 laws of any country. 5 ''(2) DESIGNATION OF SPECIFIC STATELESS 6 GROUPS.--The Secretary of Homeland Security, in 7 consultation with the Secretary of State, may, in the 8 discretion of the Secretary, designate specific groups 9 of individuals who are considered stateless persons, 10 for purposes of this section. 11 ''(b) STATUS OF STATELESS PERSONS.-- 12 ''(1) RELIEF FOR CERTAIN INDIVIDUALS DE- 13 TERMINED TO BE STATELESS PERSONS.--The 14 retary of Homeland Security or the Attorney Gen- 15 eral may, in his or her discretion, provide conditional 16 lawful status to an alien who is otherwise inadmis- 17 sible or deportable from the United States if the 18 alien-- 19 20 Sec- ''(A) is a stateless person present in the United States; 21 ''(B) applies for such relief; 22 ''(C) has not lost his or her nationality as 23 a result of his or her voluntary action or know- 24 ing inaction after arrival in the United States; EAS13500 S.L.C. 558 1 ''(D) except as provided in paragraphs (2) 2 and (3), is not inadmissible under section 3 212(a); and ''(E) 4 is not 5 ''(2) INAPPLICABILITY in section 241(b)(3)(B)(i). 6 described OF CERTAIN PROVI- 7 SIONS.--The provisions under paragraphs (4), (5), 8 (7), and (9)(B) of section 212(a) shall not apply to 9 any alien seeking relief under paragraph (1). 10 ''(3) WAIVER.--The Secretary or the Attorney 11 General may waive any other provisions of such sec- 12 tion, other than subparagraphs (B), (C), (D)(ii), 13 (E), (G), (H), or (I) of paragraph (2), paragraph 14 (3), paragraph (6)(C)(i) (with respect to misrepre- 15 sentations relating to the application for relief under 16 paragraph (1)), or subparagraphs (A), (C), (D), or 17 (E) of paragraph (10) of section 212(a), with re- 18 spect to such an alien for humanitarian purposes, to 19 assure family unity, or if it is otherwise in the public 20 interest. 21 ''(4) SUBMISSION OF PASSPORT OR TRAVEL 22 DOCUMENT.--Any alien who seeks relief under this 23 section shall submit to the Secretary of Homeland 24 Security or the Attorney General-- EAS13500 S.L.C. 559 1 ''(A) any available passport or travel docu- 2 ment issued at any time to the alien (whether 3 or not the passport or document has expired or 4 been cancelled, rescinded, or revoked); or 5 6 ''(B) an affidavit, sworn under penalty of perjury-- 7 ''(i) stating that the alien has never 8 been issued a passport or travel document; 9 or 10 ''(ii) identifying with particularity any 11 such passport or travel document and ex- 12 plaining why the alien cannot submit it. 13 ''(5) WORK AUTHORIZATION.--The Secretary of 14 Homeland Security may authorize an alien who has 15 applied for and is found prima facie eligible for or 16 been granted relief under paragraph (1) to engage 17 in employment in the United States. 18 ''(6) TRAVEL DOCUMENTS.--The Secretary may 19 issue appropriate travel documents to an alien who 20 has been granted relief under paragraph (1) that 21 would allow him or her to travel abroad and be ad- 22 mitted to the United States upon return, if other- 23 wise admissible. 24 25 ''(7) TREATMENT DREN.--The OF SPOUSE AND CHIL- spouse or child of an alien who has EAS13500 S.L.C. 560 1 been granted conditional lawful status under para- 2 graph (1) shall, if not otherwise eligible for admis- 3 sion under paragraph (1), be granted conditional 4 lawful status under this section if accompanying, or 5 following to join, such alien if-- 6 ''(A) the spouse or child is admissible (ex- 7 cept as otherwise provided in paragraphs (2) 8 and (3)) and is not described in section 9 241(b)(3)(B)(i); and 10 ''(B) the qualifying relationship to the 11 principal beneficiary existed on the date on 12 which such alien was granted conditional lawful 13 status. 14 15 ''(c) ADJUSTMENT OF STATUS.-- ''(1) INSPECTION AND EXAMINATION.--At the 16 end of the 1-year period beginning on the date on 17 which an alien has been granted conditional lawful 18 status under subsection (b), the alien may apply for 19 lawful permanent residence in the United States if-- 20 ''(A) the alien has been physically present 21 in the United States for at least 1 year; 22 ''(B) the alien's conditional lawful status 23 has not been terminated by the Secretary of 24 Homeland Security or the Attorney General, EAS13500 S.L.C. 561 1 pursuant to such regulations as the Secretary 2 or the Attorney General may prescribe; and 3 ''(C) the alien has not otherwise acquired 4 permanent resident status. 5 ''(2) REQUIREMENTS FOR ADJUSTMENT OF 6 STATUS.--The Secretary of Homeland Security or 7 the Attorney General, under such regulations as the 8 Secretary or the Attorney General may prescribe, 9 may adjust the status of an alien granted condi- 10 tional lawful status under subsection (b) to that of 11 an alien lawfully admitted for permanent residence 12 if such alien-- 13 ''(A) is a stateless person; 14 ''(B) properly applies for such adjustment 15 of status; 16 ''(C) has been physically present in the 17 United States for at least 1 year after being 18 granted conditional lawful status under sub- 19 section (b); 20 21 ''(D) is not firmly resettled in any foreign country; and 22 ''(E) is admissible (except as otherwise 23 provided under paragraph (2) or (3) of sub- 24 section (b)) as an immigrant under this chapter EAS13500 S.L.C. 562 1 at the time of examination of such alien for ad- 2 justment of status. 3 ''(3) RECORD.--Upon approval of an applica- 4 tion under this subsection, the Secretary of Home- 5 land Security or the Attorney General shall establish 6 a record of the alien's admission for lawful perma- 7 nent residence as of the date that is 1 year before 8 the date of such approval. 9 ''(4) NUMERICAL LIMITATION.--The number of 10 aliens who may receive an adjustment of status 11 under this section for a fiscal year shall be subject 12 to the numerical limitation of section 203(b)(4). 13 ''(d) PROVING THE CLAIM.--In determining an 14 alien's eligibility for lawful conditional status or adjust15 ment of status under this subsection, the Secretary of 16 Homeland Security or the Attorney General shall consider 17 any credible evidence relevant to the application. The de18 termination of what evidence is credible and the weight 19 to be given that evidence shall be within the sole discretion 20 of the Secretary or the Attorney General. 21 22 ''(e) REVIEW.-- ''(1) ADMINISTRATIVE REVIEW.--No appeal 23 shall lie from the denial of an application by the 24 Secretary, but such denial will be without prejudice EAS13500 S.L.C. 563 1 to the alien's right to renew the application in pro- 2 ceedings under section 240. 3 ''(2) MOTIONS TO REOPEN.--Notwithstanding 4 any limitation imposed by law on motions to reopen 5 removal, deportation, or exclusion proceedings, any 6 individual who is eligible for relief under this section 7 may file a motion to reopen proceedings in order to 8 apply for relief under this section. Any such motion 9 shall be filed within 2 years of the date of the enact- 10 ment of the Border Security, Economic Opportunity, 11 and Immigration Modernization Act. 12 ''(f) LIMITATION.-- 13 ''(1) APPLICABILITY.--The provisions of this 14 section shall only apply to aliens present in the 15 United States. 16 17 18 19 20 21 ''(2) SAVINGS PROVISION.--Nothing in this sec- tion may be construed to authorize or require-- ''(A) the admission of any alien to the United States; ''(B) the parole of any alien into the United States; or 22 ''(C) the grant of any motion to reopen or 23 reconsider filed by an alien after departure or 24 removal from the United States.''. EAS13500 S.L.C. 564 (b) JUDICIAL REVIEW.--Section 242(a)(2)(B)(ii) (8 1 2 U.S.C. 1252(a)(2)(B)(ii)) is amended by striking 3 ''208(a).'' and inserting ''208(a) or 210A.''. (c) CONFORMING AMENDMENT.--Section 203(b)(4) 4 5 (8 U.S.C. 1153(b)(4)) is amended by inserting ''to aliens 6 granted an adjustment of status under section 210A(c) 7 or'' after ''level,''. (d) CLERICAL AMENDMENT.--The table of contents 8 9 for the Immigration and Nationality Act is amended by 10 inserting after the item relating to section 210 the fol11 lowing: ''Sec. 210A. Protection of stateless persons in the United States.''. 12 SEC. 3406. U VISA ACCESSIBILITY. Section 214(p)(2)(A) (8 U.S.C. 1184(p)(2)(A)) is 13 14 amended by striking ''10,000.'' and inserting ''18,000, of 15 which not more than 3,000 visas may be issued for aliens 16 who are victims of a covered violation described in section 17 101(a)(15)(U).''. 18 19 20 SEC. 3407. REPRESENTATION AT OVERSEAS REFUGEE INTERVIEWS. Section 207(c) (8 U.S.C. 1157(c)) is amended by 21 adding at the end the following: 22 ''(5) The adjudicator of an application for ref- 23 ugee status under this section shall consider all rel- 24 evant evidence and maintain a record of the evidence 25 considered. EAS13500 S.L.C. 565 1 ''(6) An applicant for refugee status may be 2 represented, including at a refugee interview, at no 3 expense to the Government, by an attorney or ac- 4 credited representative who-- 5 ''(A) was chosen by the applicant; and 6 ''(B) is authorized by the Secretary of 7 Homeland Security to be recognized as the rep- 8 resentative of such applicant in an adjudication 9 under this section. 10 11 ''(7)(A) A decision to deny an application for refugee status under this section-- 12 ''(i) shall be in writing; and 13 ''(ii) shall provide, to the maximum extent 14 feasible, information on the reason for the de- 15 nial, including-- 16 17 18 ''(I) the facts underlying the determination; and ''(II) whether there is a waiver of in- 19 admissibility available to the applicant. 20 ''(B) The basis of any negative credibility find- 21 ing shall be part of the written decision. 22 ''(8)(A) An applicant who is denied refugee sta- 23 tus under this section may file a request with the 24 Secretary for a review of his or her application not 25 later than 120 days after such denial. EAS13500 S.L.C. 566 1 ''(B) A request filed under subparagraph (A) 2 shall be adjudicated by refugee officers who have re- 3 ceived training on considering requests for review of 4 refugee applications that have been denied. 5 6 ''(C) The Secretary shall publish the standard applied to a request for review. 7 ''(D) A request for review may result in the de- 8 cision being granted, denied, or reopened for a fur- 9 ther interview. 10 11 ''(E) A decision on a request for review under this paragraph-- 12 ''(i) shall be in writing; and 13 ''(ii) shall provide, to the maximum extent 14 feasible, information on the reason for the de- 15 nial.''. 18 Subtitle E--Shortage of Immigration Court Resources for Removal Proceedings 19 SEC. 3501. SHORTAGE OF IMMIGRATION COURT PER- 16 17 20 21 SONNEL FOR REMOVAL PROCEEDINGS. (a) IMMIGRATION COURT JUDGES.--The Attorney 22 General shall increase the total number of immigration 23 judges to adjudicate current pending cases and efficiently 24 process future cases by at least-- 25 (1) 75 in fiscal year 2014; EAS13500 S.L.C. 567 1 (2) 75 in fiscal year 2015; and 2 (3) 75 in fiscal year 2016. (b) NECESSARY SUPPORT STAFF 3 FOR IMMIGRATION 4 COURT JUDGES.--The Attorney General shall address the 5 shortage of support staff for immigration judges by ensur6 ing that each immigration judge has the assistance of the 7 necessary support staff, including the equivalent of 1 staff 8 attorney or law clerk and 1 legal assistant. (c) ANNUAL INCREASES 9 IN BOARD OF IMMIGRATION 10 APPEALS PERSONNEL.--The Attorney General shall in11 crease the number of Board of Immigration Appeals staff 12 attorneys (including the necessary additional support 13 staff) to efficiently process cases by at least-- 14 (1) 30 in fiscal year 2014; 15 (2) 30 in fiscal year 2015; and 16 (3) 30 in fiscal year 2016. (d) FUNDING.--There shall be appropriated, from 17 18 the Comprehensive Immigration Reform Trust Fund es19 tablished under section 6(a)(1), such sums as may be nec20 essary to carry out this section. 21 SEC. 3502. IMPROVING IMMIGRATION COURT EFFICIENCY 22 AND REDUCING COSTS BY INCREASING AC- 23 CESS TO LEGAL INFORMATION. (a) CLARIFICATION REGARDING 24 25 THE ATTORNEY GENERAL TO THE AUTHORITY APPOINT COUNSEL OF TO EAS13500 S.L.C. 568 1 ALIENS IN IMMIGRATION PROCEEDINGS.--Section 292 (8 2 U.S.C. 1362) is amended-- 3 (1) by inserting ''(a)'' before ''In any''; 4 (2) by striking ''(at no expense to the Govern- 5 ment)''; (3) by striking ''he shall'' and inserting ''the 6 7 person shall''; and (4) by adding at the end the following: 8 9 ''(b) The Government is not required to provide coun- 10 sel to aliens under subsection (a). However, the Attorney 11 General may, in the Attorney General's sole and 12 unreviewable discretion, appoint or provide counsel to 13 aliens in immigration proceedings conducted under section 14 240 of this Act.''. 15 (b) APPOINTMENT OF COUNSEL IN CERTAIN 16 CASES.--Section 240(b)(4) (8 U.S.C. 1229a(b)(4)) is 17 amended-- 18 19 (1) in subparagraph (A), by striking '', at no expense to the Government,''; and 20 (2) by adding at the end the following: ''The 21 Government is not required to provide counsel to 22 aliens under this paragraph. However, the Attorney 23 General may, in the Attorney General's sole and 24 unreviewable discretion, appoint or provide counsel EAS13500 S.L.C. 569 1 at government expense to aliens in immigration pro- 2 ceedings.''. 3 (c) APPOINTMENT 4 PANIED OF ALIEN CHILDREN COUNSEL AND FOR ALIENS WITH UNACCOMA SERIOUS 5 MENTAL DISABILITY.--Section 292 (8 U.S.C. 1362), as 6 amended by subsection (a), is further amended by adding 7 at the end the following: 8 ''(c) Notwithstanding subsection (b), the Attorney 9 General shall appoint counsel, at the expense of the Gov10 ernment, if necessary, to represent an alien in a removal 11 proceeding who has been determined by the Secretary to 12 be an unaccompanied alien child, is incompetent to rep13 resent himself or herself due to a serious mental disability 14 that would be included in section 3(2) of the Americans 15 with Disabilities Act of 1990 (42 U.S.C. 12102(2)), or is 16 considered particularly vulnerable when compared to other 17 aliens in removal proceedings, such that the appointment 18 of counsel is necessary to help ensure fair resolution and 19 efficient adjudication of the proceedings.''. 20 (d) FUNDING.--There shall be appropriated, from 21 the Comprehensive Immigration Reform Trust Fund es22 tablished under section 6(a)(1), such sums as may be nec23 essary to carry out this section and the amendments made 24 by this section. EAS13500 S.L.C. 570 1 2 SEC. 3503. OFFICE OF LEGAL ACCESS PROGRAMS. (a) ESTABLISHMENT OF OFFICE OF LEGAL ACCESS 3 PROGRAMS.--The Attorney General shall establish within 4 the Executive Office for Immigration Review an Office of 5 Legal Access Programs to develop and administer a sys6 tem of legal orientation programs to make immigration 7 proceedings more efficient and cost effective by educating 8 aliens regarding administrative procedures and legal 9 rights under United States immigration law and to estab10 lish other programs to assist in providing aliens access to 11 legal information. 12 (b) LEGAL ORIENTATION PROGRAMS.--The legal ori- 13 entation programs-- 14 (1) shall provide programs to assist detained 15 aliens in making informed and timely decisions re- 16 garding their removal and eligibility for relief from 17 removal in order to increase efficiency and reduce 18 costs in immigration proceedings and Federal cus- 19 tody processes and to improve access to counsel and 20 other legal services; 21 (2) may provide services to detained aliens in 22 immigration proceedings under sections 235, 238, 23 240, and 241(a)(5) of the Immigration and Nation- 24 ality Act (8 U.S.C. 1225, 1228, 1229a, and 25 1231(a)(5)) and to other aliens in immigration and 26 asylum proceedings under sections 235, 238, and EAS13500 S.L.C. 571 1 240 of the Immigration and Nationality Act (8 2 U.S.C. 1225, 1228, and 1229a); and 3 (3) shall identify unaccompanied alien children, 4 aliens with a serious mental disability, and other 5 particularly vulnerable aliens for consideration by 6 the Attorney General pursuant to section 292(c) of 7 the Immigration and Nationality Act, as added by 8 section 3502(c). 9 (c) PROCEDURES.--The Secretary shall establish pro- 10 cedures that ensure that legal orientation programs are 11 available for all detained aliens within 5 days of arrival 12 into custody and to inform such aliens of the basic proce13 dures of immigration hearings, their rights relating to 14 those hearings under the immigration laws, information 15 that may deter such aliens from filing frivolous legal 16 claims, and any other information deemed appropriate by 17 the Attorney General, such as a contact list of potential 18 legal resources and providers. 19 (d) RULE OF CONSTRUCTION.--Nothing in this sub- 20 section shall be construed to create any substantive or pro21 cedural right or benefit that is legally enforceable by any 22 party against the United States or its agencies or officers 23 or any other person. 24 (e) FUNDING.--There shall be appropriated, from the 25 Comprehensive Immigration Reform Trust Fund estab- EAS13500 S.L.C. 572 1 lished under section 6(a)(1), such sums as may be nec2 essary to carry out this section. 3 4 SEC. 3504. CODIFYING BOARD OF IMMIGRATION APPEALS. (a) DEFINITION OF BOARD MEMBER.--Section 5 101(a) (8 U.S.C. 1101(a)) is amended by adding at the 6 end the following: 7 ''(53) The term 'Board Member' means an at- 8 torney whom the Attorney General appoints as an 9 administrative judge within the Executive Office for 10 Immigration Review to serve on the Board of Immi- 11 gration Appeals, qualified to review decisions of im- 12 migration judges and other matters within the juris- 13 diction of the Board of Immigration Appeals.''. 14 (b) BOARD OF IMMIGRATION APPEALS.--Section 15 240(a)(1) (8 U.S.C. 1229a(a)(1)) is amended by adding 16 at the end the following: ''The Board of Immigration Ap17 peals and its Board Members shall review decisions of im18 migration judges under this section.''. 19 (c) APPEALS.--Section 240(b)(4) (8 U.S.C. 20 1229a(b)(4)), as amended by section 3502(b), is further 21 amended-- 22 23 24 25 (1) in subparagraph (B), by striking '', and'' and inserting a semicolon; (2) in subparagraph (C), by striking the period and inserting ''; and''; and EAS13500 S.L.C. 573 1 2 (3) by inserting after subparagraph (C) the following: 3 ''(D) the alien may appeal the immigration 4 judge's decision to a 3-judge panel of the Board 5 of Immigration Appeals.''. 6 (d) DECISION AND BURDEN OF PROOF.--Section 7 240(c)(1)(A) (8 U.S.C. 1229a(c)(1)(A)) is amended to 8 read as follows: 9 ''(A) IN GENERAL.--At the conclusion of 10 the proceeding, the immigration judge shall de- 11 cide whether an alien is removable from the 12 United States. The determination of the immi- 13 gration judge shall be based only on the evi- 14 dence produced at the hearing. On appeal, the 15 Board of Immigration Appeals shall issue a 16 written opinion. The opinion shall address all 17 dispositive arguments raised by the parties. The 18 panel may incorporate by reference the opinion 19 of the immigration judge whose decision is 20 being reviewed, provided that the panel also ad- 21 dresses any arguments made by the nonpre- 22 vailing party regarding purported errors of law, 23 fact, or discretion.''. EAS13500 S.L.C. 574 1 2 3 SEC. 3505. IMPROVED TRAINING FOR IMMIGRATION JUDGES AND BOARD MEMBERS. (a) IN GENERAL.--Section 240 (8 U.S.C. 1229a) is 4 amended by adding at the end the following: 5 6 7 ''(f) IMPROVED TRAINING.-- ''(1) IMPROVED TRAINING FOR IMMIGRATION JUDGES AND BOARD MEMBERS.-- ''(A) IN 8 GENERAL.--In consultation with 9 the Attorney General and the Director of the 10 Federal Judicial Center, the Director of the Ex- 11 ecutive Office for Immigration Review shall re- 12 view and modify, as appropriate, training pro- 13 grams for immigration judges and Board Mem- 14 bers. 15 16 ''(B) ELEMENTS OF REVIEW.--Each such review shall study-- 17 ''(i) the expansion of the training pro- 18 gram for new immigration judges and 19 Board Members; 20 ''(ii) continuing education regarding 21 current developments in the field of immi- 22 gration law; and 23 ''(iii) methods to ensure that immigra- 24 tion judges are trained on properly crafting 25 and dictating decisions. EAS13500 S.L.C. 575 ''(2) IMPROVED 1 TRAINING AND GUIDANCE FOR 2 STAFF.--The Director of the Executive Office for 3 Immigration Review shall-- 4 ''(A) modify guidance and training regard- 5 ing screening standards and standards of re- 6 view; and 7 ''(B) ensure that Board Members provide 8 staff attorneys with appropriate guidance in 9 drafting decisions in individual cases, consistent 10 with the policies and directives of the Director 11 of the Executive Office for Immigration Review 12 and the Chairman of the Board of Immigration 13 Appeals.''. (b) FUNDING.--There shall be appropriated, from the 14 15 Comprehensive Immigration Reform Trust Fund estab16 lished under section 6(a)(1), such sums as may be nec17 essary to carry out this section and the amendment made 18 by this section. 19 SEC. 3506. IMPROVED RESOURCES AND TECHNOLOGY FOR 20 IMMIGRATION COURTS AND BOARD OF IMMI- 21 GRATION APPEALS. (a) IMPROVED ON-BENCH REFERENCE MATERIALS 22 23 AND DECISION TEMPLATES.--The Director of the Execu- 24 tive Office for Immigration Review shall ensure that immi25 gration judges are provided with updated reference mate- EAS13500 S.L.C. 576 1 rials and standard decision templates that conform to the 2 law of the circuits in which they sit. 3 (b) PRACTICE MANUAL.--The Director of the Execu- 4 tive Office for Immigration Review shall produce a prac5 tice manual describing best practices for the immigration 6 courts and shall make such manual available electronically 7 to counsel and litigants who appear before the immigra8 tion courts. 9 10 11 (c) RECORDING SYSTEM AND OTHER TECH- NOLOGIES.-- (1) PLAN REQUIRED.--The Director of the Ex- 12 ecutive Office for Immigration Review shall provide 13 the Attorney General with a plan and a schedule to 14 replace the immigration courts' tape recording sys- 15 tem with a digital recording system that is compat- 16 ible with the information management systems of 17 the Executive Office for Immigration Review. 18 (2) AUDIO RECORDING SYSTEM.--Consistent 19 with the plan described in paragraph (1), the Direc- 20 tor shall pilot a digital audio recording system not 21 later than 1 year after the enactment of this Act, 22 and shall begin nationwide implementation of that 23 system as soon as practicable. 24 (d) IMPROVED TRANSCRIPTION SERVICES.--Not 25 later than 1 year after the enactment of this Act, the Di- EAS13500 S.L.C. 577 1 rector of the Executive Office for Immigration Review 2 shall report to the Attorney General on the current tran3 scription services utilized by the Office and recommend 4 improvements to this system regarding quality and timeli5 ness of transcription. 6 (e) IMPROVED INTERPRETER SELECTION.--Not later 7 than 1 year after the enactment of this Act, the Director 8 of the Executive Office for Immigration Review shall re9 port to the Attorney General on the current interpreter 10 selection process utilized by the Office and recommend im11 provements to this process regarding screening, hiring, 12 certification, and evaluation of staff and contract inter13 preters. 14 (f) FUNDING.--There shall be appropriated, from the 15 Comprehensive Immigration Reform Trust Fund estab16 lished under section 6(a)(1), such sums as may be nec17 essary to carry out this section. 21 Subtitle F--Prevention of Trafficking in Persons and Abuses Involving Workers Recruited Abroad 22 SEC. 3601. DEFINITIONS. 18 19 20 23 (a) IN GENERAL.--Except as otherwise provided by 24 this subtitle, the terms used in this subtitle shall have the 25 same meanings, respectively, as are given those terms in EAS13500 S.L.C. 578 1 section 3 of the Fair Labor Standards Act of 1938 (29 2 U.S.C. 203). 3 4 (b) OTHER DEFINITIONS.-- (1) FOREIGN LABOR CONTRACTOR.--The term 5 ''foreign labor contractor'' means any person who 6 performs any foreign labor contracting activity, in- 7 cluding any person who performs foreign labor con- 8 tracting activity wholly outside of the United States, 9 except that the term does not include any entity of 10 11 the United States Government. (2) FOREIGN LABOR CONTRACTING ACTIVITY.-- 12 The term ''foreign labor contracting activity'' means 13 recruiting, soliciting, hiring, employing, sponsoring, 14 managing, furnishing, processing visa applications 15 for, transporting, or housing an individual who re- 16 sides outside of the United States in furtherance of 17 employment in the United States, including when 18 such activity occurs wholly outside of the United 19 States. 20 (3) PERSON.--The term ''person'' means any 21 natural person or any corporation, company, firm, 22 partnership, joint stock company or association or 23 other organization or entity (whether organized 24 under law or not), including municipal corporations. EAS13500 S.L.C. 579 1 2 (4) SECRETARY.--The term the ''Secretary'' means the Secretary of Labor. 3 (5) WORKER.--the term ''worker'' means an in- 4 dividual or exchange visitor who is the subject of for- 5 eign labor contracting activity. 6 7 SEC. 3602. DISCLOSURE. (a) REQUIREMENT FOR DISCLOSURE.--Any person 8 who engages in foreign labor contracting activity shall as9 certain and disclose in writing in English and in the pri10 mary language of the worker at the time of the worker's 11 recruitment, the following information: 12 (1) The identity and address of the employer 13 and the identity and address of the person con- 14 ducting the recruiting on behalf of the employer, in- 15 cluding any subcontractor or agent involved in such 16 recruiting. 17 (2) All assurances and terms and conditions of 18 employment, from the prospective employer for 19 whom the worker is being recruited, including the 20 work hours, level of compensation to be paid, the 21 place and period of employment, a description of the 22 type and nature of employment activities, any 23 withholdings or deductions from compensation and 24 any penalties for terminating employment. EAS13500 S.L.C. 580 1 2 (3) A signed copy of the work contract between the worker and the employer. 3 (4) The type of visa under which the foreign 4 worker is to be employed, the length of time for 5 which the visa will be valid and the terms and condi- 6 tions under which this visa will be renewed with a 7 clear statement of whether the employer will secure 8 renewal of this visa or if renewal must be obtained 9 by the worker and any expenses associated with se- 10 curing or renewing the visa. 11 (5) An itemized list of any costs or expenses to 12 be charged to the worker and any deductions to be 13 taken from wages, including any costs for housing or 14 accommodation, transportation to and from the 15 worksite, meals, health insurance, workers' com- 16 pensation, costs of benefits provided, medical exami- 17 nations, healthcare, tools, or safety equipment costs. 18 (6) The existence of any labor organizing effort, 19 strike, lockout, or other labor dispute at the place of 20 employment. 21 (7) Whether and the extent to which workers 22 will be compensated through workers' compensation, 23 private insurance, or otherwise for injuries or death, 24 including work related injuries and death, during the 25 period of employment and, if so, the name of the EAS13500 S.L.C. 581 1 State workers' compensation insurance carrier or the 2 name of the policyholder of the private insurance, 3 the name and the telephone number of each person 4 who must be notified of an injury or death, and the 5 time period within which such notice must be given. 6 (8) A statement, in a form specified by the Sec- 7 8 retary-- (A) stating that-- 9 (i) no foreign labor contractor, agent, 10 or employee of a foreign labor contractor, 11 may lawfully assess any fee (including visa 12 fees, processing fees, transportation fees, 13 legal expenses, placement fees, and other 14 costs) to a worker for any foreign labor 15 contracting activity; and 16 (ii) the employer may bear such costs 17 or fees for the foreign labor contractor, but 18 that these fees cannot be passed along to 19 the worker; and 20 (B) explaining that-- 21 (i) no additional requirements or 22 changes may be made from the terms of 23 the contract originally signed by the work- 24 er unless the worker is provided at least 48 EAS13500 S.L.C. 582 1 hours to review and consider the additional 2 requirements or changes; 3 (ii) no such additional requirements or 4 changes may be made to the original con- 5 tract signed by the worker without the spe- 6 cific consent of the worker to each such 7 additional requirement or change; and 8 (iii) such consent shall be obtained 9 voluntarily and without threat of penalty 10 and if not so obtained will be a violation of 11 law subject to the provisions of section 12 3611; 13 (C) describing the protections afforded the 14 worker by this section and by section 202 of the 15 William Wilberforce Trafficking Victims Protec- 16 tion Reauthorization Act of 2008 (8 U.S.C. 17 1375b) and any applicable visa program, in- 18 cluding-- 19 (i) relevant information about the pro- 20 cedure for filing a complaint provided for 21 in section 3611 and 22 (ii) the telephone number for the na- 23 tional human trafficking resource center 24 hotline number. EAS13500 S.L.C. 583 1 (9) Any education or training to be provided or 2 required, including the nature, timing and cost of 3 such training and the person who will pay such 4 costs, whether the training is a condition of employ- 5 ment, continued employment, or future employment; 6 and whether the worker will be paid or remunerated 7 during the training period, including the rate of pay. 8 (10) Any other information that the Secretary 9 10 may require by regulation. (b) RELATIONSHIP TO LABOR AND EMPLOYMENT 11 LAWS.--Nothing in the disclosure required by subsection 12 (a) shall constitute a legal conclusion as to the worker's 13 status or rights under the labor and employment laws. 14 15 (c) PROHIBITION FORMATION.--No ON FALSE AND MISLEADING IN- foreign labor contractor or employer 16 who engages in any foreign labor contracting activity shall 17 knowingly provide materially false or misleading informa18 tion to any worker concerning any matter required to be 19 disclosed under section (a). The disclosure required by this 20 section is a document concerning the proper administra21 tion of a matter within the jurisdiction of a department 22 or agency of the United States for the purposes of section 23 1519 of title 18, United States Code. EAS13500 S.L.C. 584 1 2 SEC. 3603. PROHIBITION ON DISCRIMINATION. (a) IN GENERAL.--It shall be unlawful for an em- 3 ployer or a foreign labor contractor to fail or refuse to 4 hire, discharge, intimidate, threaten, restrain, coerce, or 5 blacklist any individual or otherwise discriminate against 6 an individual with respect to compensation, terms, condi7 tions, or privileges of employment, because of such individ8 ual's race, color, creed, sex, national origin, religion, age, 9 or disability. 10 (b) DETERMINATIONS OF DISCRIMINATION.--For the 11 purposes of determining the existence of unlawful dis12 crimination under subsection (a)-- 13 (1) in the case of a claim of discrimination 14 based on race, color, creed, sex, national origin, or 15 religion, the same legal standards shall apply as are 16 applicable under title VII of the Civil Rights Act of 17 1964 (42 U.S.C. 2000e et seq.); 18 (2) in the case of a claim of discrimination 19 based on unlawful discrimination based on age, the 20 same legal standards shall apply as are applicable 21 under the Age Discrimination in Employment Act of 22 1967 (29 U.S.C. 621 et seq.); and 23 (3) in the case of a claim of discrimination 24 based on disability, the same legal standards shall 25 apply as are applicable under title I of the Ameri- EAS13500 S.L.C. 585 1 cans With Disabilities Act of 1990 (42 U.S.C. 2 12111 et seq.). 3 4 SEC. 3604. RECRUITMENT FEES. No employer, foreign labor contractor, or agent or 5 employee of a foreign labor contractor, shall assess any 6 fee (including visa fees, processing fees, transportation 7 fees, legal expenses, placement fees, and other costs) to 8 a worker for any foreign labor contracting activity. 9 10 11 SEC. 3605. REGISTRATION. (a) REQUIREMENT TO REGISTER.-- (1) IN GENERAL.--Subject to paragraph (2), 12 prior to engaging in any foreign labor contracting 13 activity, any person who is a foreign labor contractor 14 or who, for any money or other valuable consider- 15 ation paid or promised to be paid, performs a for- 16 eign labor contracting activity on behalf of a foreign 17 labor contractor, shall obtain a certificate of reg- 18 istration from the Secretary of Labor pursuant to 19 regulations promulgated by the Secretary under sub- 20 section (c). 21 (2) EXCEPTION FOR CERTAIN EMPLOYERS.--An 22 employer, or employee of an employer, who engages 23 in foreign labor contracting activity solely to find 24 employees for that employer's own use, and without 25 the participation of any other foreign labor con- EAS13500 S.L.C. 586 1 tractor, shall not be required to register under this 2 section. Notwithstanding the preceding sentence, 3 such an employer shall be subject to the require- 4 ments of subsections (a) and (c) of section 3602 and 5 sections 3603 and 3604 and shall be subject to the 6 remedies under section 3610 for all violations stem- 7 ming from the employer's own foreign labor con- 8 tracting activity. 9 (b) NOTIFICATION.-- 10 (1) ANNUAL EMPLOYER NOTIFICATION.--Each 11 employer shall notify the Secretary, not less fre- 12 quently than once every year, of the identity of any 13 foreign labor contractor involved in any foreign labor 14 contracting activity for, or on behalf of, the em- 15 ployer, including at a minimum, the name and ad- 16 dress of the foreign labor contractor and a descrip- 17 tion of the services. 18 (2) ANNUAL FOREIGN LABOR CONTRACTOR NO- 19 TIFICATION.--Each foreign labor contractor shall 20 notify the Secretary, not less frequently than once 21 every year, of the identity of any subcontractee, 22 agent, or foreign labor contractor employee involved 23 in any foreign labor contracting activity for, or on 24 behalf of, the foreign labor contractor. EAS13500 S.L.C. 587 1 (3) NONCOMPLIANCE NOTIFICATION.--An em- 2 ployer shall notify the Secretary of the identity of a 3 foreign labor contractor whose activities do not com- 4 ply with this subtitle. 5 (4) AGREEMENT.--Not later than 48 hours 6 after receiving a request from the Secretary, an em- 7 ployer shall provide the Secretary with the identity 8 of any foreign labor contractor with which the em- 9 ployer has a contract or other agreement. 10 (c) REGULATIONS.--Not later than 180 days after 11 the date of the enactment of this Act, the Secretary shall 12 promulgate regulations to establish an efficient electronic 13 process for the timely investigation and approval of an ap14 plication for a certificate of registration of foreign labor 15 contractors, including-- 16 (1) a declaration, subscribed and sworn to by 17 the applicant, stating the applicant's permanent 18 place of residence, the foreign labor contracting ac- 19 tivities for which the certificate is requested, and 20 such other relevant information as the Secretary 21 may require; 22 (2) a set of fingerprints of the applicant; 23 (3) an expeditious means to update registra- 24 tions and renew certificates; EAS13500 S.L.C. 588 1 (4) providing for the consent of any foreign 2 labor recruiter to the designation by a court of the 3 Secretary as an agent available to accept service of 4 summons in any action against the applicant, if the 5 applicant has left the jurisdiction in which the action 6 is commenced, otherwise has become unavailable to 7 accept service or is subject to personal jurisdiction 8 in no State; 9 (5) providing for the consent of any foreign 10 labor recruiter to jurisdiction in the Department of 11 Labor or any state or Federal court of the United 12 States for any action brought by any aggrieved indi- 13 vidual or worker; 14 (6) providing for cooperation in any investiga- 15 tion by the Secretary or other appropriate authori- 16 ties; 17 (7) providing for consent to the forfeiture of the 18 bond for failure to cooperate with these provisions; 19 (8) providing for consent to be liable for viola- 20 tions of this subtitle by any agents or subcontractees 21 of any level in relation to the foreign labor con- 22 tracting activity of the agent or subcontractee to the 23 same extent as if the foreign labor contractor had 24 committed the violation; EAS13500 S.L.C. 589 1 (9) providing for consultation with other appro- 2 priate Federal agencies to determine whether any 3 reason exists to deny registration to a foreign labor 4 contractor; and (10) any other requirements that the Secretary 5 6 may prescribe. 7 (d) TERM OF REGISTRATION.--Unless suspended or 8 revoked, a certificate under this section shall be valid for 9 2 years. 10 (e) APPLICATION FEE.-- 11 (1) REQUIREMENT FOR FEE.--In addition to 12 any other fees authorized by law, the Secretary shall 13 impose a fee, to be deposited in the general fund of 14 the Treasury, on a foreign labor contractor that sub- 15 mits an application for a certificate of registration 16 under this section. 17 (2) AMOUNT OF FEE.--The amount of the fee 18 required by paragraph (1) shall be set at a level that 19 the Secretary determines sufficient to cover the full 20 costs of carrying out foreign labor contract registra- 21 tion activities under this subtitle, including worker 22 education and any additional costs associated with 23 the administration of the fees collected. 24 (f) REFUSAL TO ISSUE; REVOCATION.--In accord- 25 ance with regulations promulgated by the Secretary, the EAS13500 S.L.C. 590 1 Secretary shall refuse to issue or renew, or shall revoke 2 and debar from eligibility to obtain a certificate of reg3 istration for a period of not greater than 5 years, after 4 notice and an opportunity for a hearing, a certificate of 5 registration under this section if-- 6 (1) the applicant for, or holder of, the certifi- 7 cation has knowingly made a material misrepresen- 8 tation in the application for such certificate; 9 (2) the applicant for, or holder of, the certifi- 10 cation is not the real party in interest in the applica- 11 tion or certificate of registration and the real party 12 in interest-- 13 14 (A) is a person who has been refused issuance or renewal of a certificate; 15 (B) has had a certificate revoked; or 16 (C) does not qualify for a certificate under 17 this section; 18 (3) the applicant for, or holder of, the certifi- 19 cation has been convicted within the preceding 5 20 years of -- 21 (A) any felony under State or Federal law 22 or crime involving robbery, bribery, extortion, 23 embezzlement, grand larceny, burglary, arson, 24 violation of narcotics laws, murder, rape, as- 25 sault with intent to kill, assault which inflicts EAS13500 S.L.C. 591 1 grievous bodily injury, prostitution, peonage, or 2 smuggling or harboring individuals who have 3 entered the United States illegally; or 4 (B) any crime relating to gambling, or to 5 the sale, distribution or possession of alcoholic 6 beverages, in connection with or incident to any 7 labor contracting activities. 8 (4) the applicant for, or holder of, the certifi- 9 cation has materially failed to comply with this sec- 10 tion. 11 (g) RE-REGISTRATION OF VIOLATORS.--The Sec- 12 retary shall establish a procedure by which a foreign labor 13 contractor that has had its registration revoked under sub14 section (f) may seek to re-register under this subsection 15 by demonstrating to the Secretary's satisfaction that the 16 foreign labor contractor has not violated this subtitle in 17 the previous 5 years and that the foreign labor contractor 18 has taken sufficient steps to prevent future violations of 19 this subtitle. 20 21 SEC. 3606. BONDING REQUIREMENT. (a) IN GENERAL.--The Secretary shall require a for- 22 eign labor contractor to post a bond in an amount suffi23 cient to ensure the ability of the foreign labor contractor 24 to discharge its responsibilities and to ensure protection 25 of workers, including wages. EAS13500 S.L.C. 592 1 (b) REGULATIONS.--The Secretary, by regulation, 2 shall establish the conditions under which the bond 3 amount is determined, paid, and forfeited. 4 (c) RELATIONSHIP TO OTHER REMEDIES.--The bond 5 requirements and forfeiture of the bond under this section 6 shall be in addition to other remedies under 3610 or any 7 other law. 8 9 10 11 12 13 14 15 16 17 18 SEC. 3607. MAINTENANCE OF LISTS. (a) IN GENERAL.--The Secretary shall maintain-- (1) a list of all foreign labor contractors registered under this subsection, including-- (A) the countries from which the contractors recruit; (B) the employers for whom the contractors recruit; (C) the visa categories and occupations for which the contractors recruit; and (D) the States where recruited workers are 19 employed; and 20 (2) a list of all foreign labor contractors whose 21 certificate of registration the Secretary has revoked. 22 (b) UPDATES; AVAILABILITY.--The Secretary shall-- 23 (1) update the lists required by subsection (a) 24 on an ongoing basis, not less frequently than every 25 6 months; and EAS13500 S.L.C. 593 1 (2) make such lists publicly available, including 2 through continuous publication on Internet websites 3 and in written form at and on the websites of 4 United States embassies in the official language of 5 that country. 6 (c) INTER-AGENCY AVAILABILITY.--The Secretary 7 shall share the information described in subsection (a) 8 with the Secretary of State 9 10 11 SEC. 3608. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT. Section 214 (8 U.S.C. 1184) is amended by adding 12 at the end the following: 13 ''(s) A visa shall not be issued under the subpara- 14 graph (A)(iii), (B)(i) (but only for domestic servants de15 scribed in clause (i) or (ii) of section 274a.12(c)(17) of 16 title 8, Code of Federal Regulations (as in effect on De17 cember 4, 2007)), (G)(v), (H), (J), (L), (Q), (R) or add 18 any new immigration subsections of section 101(a)(15) 19 until the consular officer-- 20 ''(1) has provided to and reviewed with the ap- 21 plicant, in the applicant's language (or a language 22 the applicant understands), a copy of the informa- 23 tion and resources pamphlet required by section 202 24 of the William Wilberforce Trafficking Victims Pro- EAS13500 S.L.C. 594 1 tection Reauthorization Act of 2008 (8 U.S.C. 2 1375b) ; and 3 ''(2) has reviewed and made a part of the visa 4 file the foreign labor recruiter disclosures required 5 by section 3602 of the Border Security, Economic 6 Opportunity, and Immigration Modernization Act, 7 including whether the foreign labor recruiter is reg- 8 istered pursuant to that section.''. 9 10 SEC. 3609. RESPONSIBILITIES OF SECRETARY OF STATE. (a) IN GENERAL.--The Secretary of State shall en- 11 sure that each United States diplomatic mission has a per12 son who shall be responsible for receiving information 13 from any worker who has been subject to violations of this 14 subtitle. 15 (b) PROVISION OF INFORMATION.--The responsible 16 person referred to in subsection (a) shall ensure that the 17 information received is provided to the Department of Jus18 tice, the Department of Labor, or any other relevant Fed19 eral agency. 20 (c) MECHANISMS.--The Attorney General and the 21 Secretary shall ensure that there is a mechanism for any 22 actions that need to be taken in response to information 23 received under subsection (a). 24 (d) ASSISTANCE FROM FOREIGN GOVERNMENT.-- 25 The person designated for receiving information pursuant EAS13500 S.L.C. 595 1 to this subsection is strongly encouraged to coordinate 2 with governments and civil society organizations in the 3 countries of origin to ensure the worker receives additional 4 support. 5 6 (e) MAINTENANCE TION.--The AND AVAILABILITY OF INFORMA- Secretary of State shall ensure that con- 7 sulates maintain information regarding the identities of 8 foreign labor contractors and the employers to whom the 9 foreign labor contractors supply workers. The Secretary 10 of State shall make such information publically available 11 in written form and on-line, including on the websites of 12 United States embassies in the official language of that 13 country. 14 (f) ANNUAL PUBLIC DISCLOSE.--The Secretary of 15 State shall make publically available on-line, on an annual 16 basis, data disclosing the gender, country of origin and 17 state, if available, date of birth, wage, level of training, 18 and occupation category, disaggregated by job and by visa 19 category. 20 21 SEC. 3610. ENFORCEMENT PROVISIONS. (a) COMPLAINTS AND INVESTIGATIONS.--The Sec- 22 retary-- 23 (1) shall establish a process for the receipt, in- 24 vestigation, and disposition of complaints filed by 25 any person, including complaints respecting a for- EAS13500 S.L.C. 596 1 eign labor contractor's compliance with this subtitle; 2 and 3 (2) either pursuant to the process required by 4 paragraph (1) or otherwise, may investigate employ- 5 ers or foreign labor contractors, including actions oc- 6 curring in a foreign country, as necessary to deter- 7 mine compliance with this subtitle. 8 (b) ADMINISTRATIVE ENFORCEMENT.-- 9 (1) IN GENERAL.--If the Secretary finds, after 10 notice and an opportunity for a hearing, any foreign 11 labor contractor or employer failed to comply with 12 any of the requirements of this subtitle, the Sec- 13 retary may impose the following against such con- 14 tractor or employer-- 15 16 (A) a fine in an amount not more than $10,000 per violation; and 17 (B) upon the occasion of a third violation 18 or a failure to comply with representations, a 19 fine of not more than $25,000 per violation. 20 (c) AUTHORITY TO ENSURE COMPLIANCE.--The Sec- 21 retary is authorized to take other such actions, including 22 issuing subpoenas and seeking appropriate injunctive re23 lief and recovery of damages, as may be necessary to as24 sure compliance with the terms and conditions of this sub25 title. EAS13500 S.L.C. 597 1 (d) BONDING.--Pursuant to the bonding requirement 2 in section 3606, bond liquidation and forfeitures shall be 3 in addition to other remedies under this section or any 4 other law. 5 6 (e) CIVIL ACTION.-- (1) IN GENERAL.--The Secretary or any person 7 aggrieved by a violation of this subtitle may bring a 8 civil action against any foreign labor contractor or 9 employer that does not meet the requirements of 10 section (f)(2) in any court of competent jurisdic- 11 tion-- (A) to seek remedial action, including in- 12 13 junctive relief; 14 (B) to recover damages on behalf of any 15 worker harmed by a violation of this subsection; 16 and, 17 (C) to ensure compliance with require- 18 ments of this section. 19 (2) ACTIONS 20 BY THE SECRETARY OF LABOR.-- (A) SUMS RECOVERED.--Any sums recov- 21 ered by the Secretary on behalf of a worker 22 under paragraph (1) or through liquidation of 23 the bond held pursuant to section 3606 shall be 24 held in a special deposit account and shall be 25 paid, on order of the Secretary, directly to each EAS13500 S.L.C. 598 1 worker affected. Any such sums not paid to a 2 worker because of inability to do so within a pe- 3 riod of 5 years shall be credited as an offsetting 4 collection to the appropriations account of the 5 Secretary for expenses for the administration of 6 this section and shall remain available to the 7 Secretary until expended or may be used for en- 8 forcement of the laws within the jurisdiction of 9 the wage and hour division or may be trans- 10 ferred to the Secretary of Health and Human 11 Services for the purpose of providing support to 12 programs that provide assistance to victims of 13 trafficking in persons or other exploited per- 14 sons. The Secretary shall work with any attor- 15 ney or organization representing workers to lo- 16 cate workers owed sums under this section. 17 (B) REPRESENTATION.--Except as pro- 18 vided in section 518(a) of title 28, United 19 States Code, the Solicitor of Labor may appear 20 for and represent the Secretary in any civil liti- 21 gation brought under this paragraph. All such 22 litigation shall be subject to the direction and 23 control of the Attorney General. 24 (3) ACTIONS BY INDIVIDUALS.-- EAS13500 S.L.C. 599 1 (A) AWARD.--If the court finds in a civil 2 action filed by an individual under this section 3 that the defendant has violated any provision of 4 this subtitle (or any regulation issued pursuant 5 to this subtitle), the court may award-- 6 (i) damages, up to and including an 7 amount equal to the amount of actual 8 damages, and statutory damages of up to 9 $1,000 per plaintiff per violation, or other 10 equitable relief, except that with respect to 11 statutory damages-- 12 (I) multiple infractions of a sin- 13 gle provision of this subtitle (or of a 14 regulation under this subtitles) shall 15 constitute only 1 violation for pur- 16 poses of section 3602(a) to determine 17 the amount of statutory damages due 18 a plaintiff; and 19 (II) if such complaint is certified 20 as a class action the court may 21 award-- 22 (aa) damages up to an 23 amount equal to the amount of 24 actual damages; and EAS13500 S.L.C. 600 1 (bb) statutory damages of 2 no more than the lesser of up to 3 $1,000 per class member per vio- 4 lation, or up to $500,000; and 5 other equitable relief; (ii) reasonable attorneys' fees and 6 7 costs; and 8 (iii) such other and further relief, in- 9 cluding declaratory and injunctive relief, as 10 necessary to effectuate the purposes of this 11 subtitle. 12 (B) CRITERIA.--In determining the 13 amount of statutory damages to be awarded 14 under subparagraph (A), the court is author- 15 ized to consider whether an attempt was made 16 to resolve the issues in dispute before the resort 17 to litigation. 18 (C) BOND.--To satisfy the damages, fees, 19 and costs found owing under this clause, the 20 Secretary shall release as much of the bond 21 held pursuant to section 3606 as necessary. 22 (D) APPEAL.--Any civil action brought 23 under this section shall be subject to appeal as 24 provided in chapter 83 of title 28, United 25 States Code (28 U.S.C. 1291 et seq.). EAS13500 S.L.C. 601 1 (E) ACCESS TO LEGAL SERVICES COR- 2 PORATION.--Notwithstanding 3 sion of law, the Legal Services Corporation and 4 recipients of its funding may provide legal as- 5 sistance on behalf of any alien with respect to 6 any provision of this subtitle. 7 8 any other provi- (f) AGENCY LIABILITY.-- (1) IN GENERAL.--Beginning 180 days after 9 the Secretary of Labor has promulgated regulations 10 pursuant to section 3605(c), an employer who re- 11 tains the services of a foreign labor contractor shall 12 only use those foreign labor contractors who are reg- 13 istered under section 3605. An employer who uses a 14 foreign labor contractor who is not registered under 15 section 3605 after such time period, or who uses a 16 foreign labor contractor that has violated any provi- 17 sion of this subsection, shall be subject to the provi- 18 sions of this subsection for violations committed by 19 such foreign labor contractor to the same extent as 20 if the employer were the foreign labor contractor 21 who had committed the violation. 22 (2) SAFE HARBOR.--An employer shall not have 23 any liability under this section if the employer hires 24 workers referred by a foreign labor contractor that 25 has a valid registration with the Department of EAS13500 S.L.C. 602 1 Labor pursuant to section 3605, the employer does 2 not act with reckless disregard of the fact that the 3 foreign labor contractor has violated any provision of 4 this section, and if the employer obtained knowledge 5 of a violation of the provisions of this section, it im- 6 mediately reported the violation to the Secretary. 7 (3) LIABILITY FOR AGENTS.--Foreign labor 8 contractors shall be subject to the provisions of this 9 section for violations committed by the foreign labor 10 contractor's agents or subcontractees of any level in 11 relation to their foreign labor contracting activity to 12 the same extent as if the foreign labor contractor 13 had committed the violation. 14 (g) RETALIATION.-- 15 (1) IN GENERAL.--No person shall intimidate, 16 threaten, restrain, coerce, discharge or in any other 17 manner discriminate or retaliate against any worker 18 or their family members (including a former em- 19 ployee or an applicant for employment) because such 20 worker disclosed information to any person that the 21 worker reasonably believes evidences a violation of 22 this section (or any rule or regulation pertaining to 23 this section), including seeking legal assistance of 24 counsel or cooperating with an investigation or other EAS13500 S.L.C. 603 1 proceeding concerning compliance with this section 2 (or any rule or regulation pertaining to this section). 3 (2) ENFORCEMENT.--An individual who is sub- 4 ject to any conduct described in paragraph (1) may, 5 in a civil action, recover appropriate relief, including 6 reasonable attorneys' fees and costs, with respect to 7 that violation. Any civil action under this subpara- 8 graph shall be stayed during the pendency of any 9 criminal action arising out of the violation. 10 (h) WAIVER OF RIGHTS.--Agreements by employees 11 purporting to waive or to modify their rights under this 12 subtitle shall be void as contrary to public policy. 13 14 (i) PRESENCE DURING PENDENCY OF ACTIONS.-- (1) IN GENERAL.--If other immigration relief is 15 not available, the Attorney General and the Sec- 16 retary of Homeland Security shall grant advance pa- 17 role to permit a nonimmigrant to remain legally in 18 the United States for time sufficient to fully and ef- 19 fectively participate in all legal proceedings related 20 to any action taken pursuant to this section. 21 (2) REGULATIONS.--Not later than 180 days 22 after the date of the enactment of this Act, the Sec- 23 retary shall promulgate regulations to carry out 24 paragraph (1). EAS13500 S.L.C. 604 1 2 SEC. 3611. RULE OF CONSTRUCTION. Nothing in this subtitle shall be construed to preempt 3 or alter any other rights or remedies, including any causes 4 of action, available under any other Federal or State law. 5 6 SEC. 3612. REGULATIONS. The Secretary shall prescribe such regulations as may 7 be necessary to carry out this subtitle. 8 9 10 Subtitle G--Interior Enforcement SEC. 3701. CRIMINAL STREET GANGS. (a) INADMISSIBILITY.--Section 212(a)(2) (8 U.S.C. 11 1182(a)(2)) is amended-- 12 13 14 15 (1) by redesignating subparagraph (F) as subparagraph (L); and (2) by inserting after subparagraph (E) the following: 16 ''(F) 17 GANGS.-- 18 19 ALIENS ''(i) IN IN CRIMINAL GENERAL.--Any STREET alien is inad- missible-- 20 ''(I) who has been convicted of 21 an offense for which an element was 22 active participation in a criminal 23 street gang (as defined in section 24 521(a) of title 18, United States 25 Code) and the alien-- EAS13500 S.L.C. 605 1 ''(aa) had knowledge that 2 the gang's members engaged in 3 or have engaged in a continuing 4 series of offenses described in 5 section 521(c) of title 18, United 6 States Code; and 7 ''(bb) acted with the inten- 8 tion to promote or further the fe- 9 lonious activities of the criminal 10 street gang or maintain or in- 11 crease his or her position in the 12 gang; or 13 ''(II) subject to clause (ii), who is 14 18 years of age or older, who is phys- 15 ically present outside the United 16 States, whom the Secretary deter- 17 mines by clear and convincing evi- 18 dence, based upon law enforcement in- 19 formation deemed credible by the Sec- 20 retary, has, since the age of 18, know- 21 ingly and willingly participated in a 22 criminal street gang with knowledge 23 that such participation promoted or 24 furthered the illegal activity of the 25 gang. EAS13500 S.L.C. 606 1 ''(ii) WAIVER.--The Secretary may 2 waive clause (i)(II) if the alien has re- 3 nounced all association with the criminal 4 street gang, is otherwise admissible, and is 5 not a threat to the security of the United 6 States.''. 7 (b) GROUNDS FOR DEPORTATION.--Section 8 237(a)(2) (8 U.S.C. 1227(a)(2)) is amended by adding at 9 the end the following: 10 ''(G) ALIENS 11 STREET GANGS.--Any 12 has been convicted of an offense for which an 13 element was active participation in a criminal 14 street gang (as defined in section 521(a) of title 15 18, United States Code), and the alien-- ASSOCIATED WITH CRIMINAL alien is removable who 16 ''(i) had knowledge that the gang's 17 members engaged in or have engaged in a 18 continuing series of offenses described in 19 section 521(c) of title 18, United States 20 Code; and 21 ''(ii) acted with the intention to pro- 22 mote or further the felonious activities the 23 criminal street gang or increase his or her 24 position in such gang.''. EAS13500 S.L.C. 607 1 (c) GROUND OF INELIGIBILITY FOR REGISTERED 2 PROVISIONAL IMMIGRANT STATUS.-- 3 (1) IN GENERAL.--An alien who is 18 years of 4 age or older is ineligible for registered provisional 5 immigrant status if the Secretary determines that 6 the alien-- 7 (A) has been convicted of an offense for 8 which an element was active participation in a 9 criminal street gang (as defined in section 10 521(a) of title 18, United States Code and the 11 alien-- 12 (i) had knowledge that the gang's 13 members engaged in or have engaged in a 14 continuing series of offenses described in 15 section 521(c) of title 18, United States 16 Code; and 17 (ii) acted with the intention to pro- 18 mote or further the felonious activities of 19 the criminal street gang or maintain or in- 20 crease his or her position in such gang; or 21 (B) subject to paragraph (2), any alien 22 who is 18 years of age or older whom the Sec- 23 retary determines by clear and convincing evi- 24 dence, based upon law enforcement information 25 deemed credible by the Secretary, has, since the EAS13500 S.L.C. 608 1 age of 18, knowingly and willingly participated 2 in a such gang with knowledge that such par- 3 ticipation promoted or furthered the illegal ac- 4 tivity of such gang. 5 (2) WAIVER.--The Secretary may waive this 6 paragraph (1)(B) if the alien has renounced all asso- 7 ciation with the criminal street gang, is otherwise 8 admissible, and is not a threat to the security of the 9 United States. 10 SEC. 3702. BANNING HABITUAL DRUNK DRIVERS FROM THE 11 12 UNITED STATES. (a) GROUNDS FOR INADMISSIBILITY.--Section 13 212(a)(2) (8 U.S.C. 1182), as amended by section 3401, 14 is further amended by inserting after subparagraph (I) the 15 following: 16 ''(J) HABITUAL DRUNK DRIVERS.--An 17 alien convicted of 3 or more offenses on sepa- 18 rate dates, at least 1 of which occurred after 19 the date of the enactment of the Border Secu- 20 rity, Economic Opportunity, and Immigration 21 Modernization Act, related to driving under the 22 influence 23 inadmissable.''. or driving while intoxicated is EAS13500 S.L.C. 609 1 (b) GROUNDS FOR DEPORTATION.--Section 2 237(a)(2) (8 U.S.C. 1227(a)(2)) is amended by adding at 3 the end the following: ''(G) HABITUAL 4 DRUNK DRIVERS.--An 5 alien convicted of 3 or more offenses on sepa- 6 rate dates related to driving under the influence 7 or driving while intoxicated is deportable.''. 8 9 SEC. 3703. SEXUAL ABUSE OF A MINOR. Section 101(a)(43)(A) (8 U.S.C. 1101(a)(43)(A)) is 10 amended by striking ''murder, rape, or sexual abuse of 11 a minor;'' and inserting ''murder, rape, or sexual abuse 12 of a minor, whether or not the minority of the victim is 13 established by evidence contained in the record of convic14 tion or by credible evidence extrinsic to the record of con15 viction;''; 16 17 SEC. 3704. ILLEGAL ENTRY. (a) IN GENERAL.--Section 275 (8 U.S.C. 1325) is 18 amended to read as follows: 19 ''SEC. 275. ILLEGAL ENTRY. 20 ''(a) IN GENERAL.-- 21 ''(1) CRIMINAL OFFENSES.--An alien shall be 22 subject to the penalties set forth in paragraph (2) if 23 the alien-- 24 ''(A) enters or crosses the border into the 25 United States at any time or place other than EAS13500 S.L.C. 610 1 as designated by the Secretary of Homeland Se- 2 curity; 3 ''(B) eludes examination or inspection by 4 an immigration officer, or a customs or agri- 5 culture inspection at a port of entry; or 6 ''(C) enters or crosses the border to the 7 United States by means of a knowingly false or 8 misleading representation or the concealment of 9 a material fact. 10 ''(2) CRIMINAL 11 PENALTIES.--Any alien who violates any provision under paragraph (1)-- 12 ''(A) shall, for the first violation, be fined 13 under title 18, United States Code, imprisoned 14 not more than 12 months, or both; 15 ''(B) shall, for a second or subsequent vio- 16 lation, or following an order of voluntary depar- 17 ture, be fined under such title, imprisoned not 18 more than 3 years, or both; 19 ''(C) if the violation occurred after the 20 alien had been convicted of 3 or more mis- 21 demeanors with the convictions occurring on 22 different dates or of a felony for which the alien 23 served a term of imprisonment of 15 days or 24 more, shall be fined under such title, impris- 25 oned not more than 10 years, or both; and EAS13500 S.L.C. 611 1 ''(D) if the violation occurred after the 2 alien had been convicted of a felony for which 3 the alien was sentenced to a term of imprison- 4 ment of not less than 30 months, 5 shall be fined under such title, imprisoned not more 6 than 15 years, or both. 7 ''(3) PRIOR CONVICTIONS.--The prior convic- 8 tions described in subparagraphs (C) and (D) of 9 paragraph (2) are elements of the offenses described 10 in that paragraph and the penalties in such subpara- 11 graphs shall apply only in cases in which the convic- 12 tion or convictions that form the basis for the addi- 13 tional penalty are-- ''(A) alleged in the indictment or informa- 14 15 tion; and 16 ''(B) proven beyond a reasonable doubt at 17 trial or admitted by the defendant under oath 18 as part of a plea agreement. 19 20 ''(b) IMPROPER TIME ALTIES.--Any OR PLACE; CIVIL PEN- alien older than 18 years of age who is ap- 21 prehended while knowingly entering, attempting to enter, 22 or crossing or attempting to cross the border to the United 23 States at a time or place other than as designated by im24 migration officers shall be subject to a civil penalty, in 25 addition to any criminal or other civil penalties that may EAS13500 S.L.C. 612 1 be imposed under any other provision of law, in an amount 2 equal to-- 3 ''(1) not less than $250 or more than $5000 for 4 each such entry, crossing, attempted entry, or at- 5 tempted crossing; or 6 ''(2) twice the amount specified in paragraph 7 (1) if the alien had previously been subject to a civil 8 penalty under this subsection.''. 9 (b) CLERICAL AMENDMENT.--The table of contents 10 is amended by striking the item relating to section 275 11 and inserting the following: ''Sec. 275. Illegal entry.''. 12 (c) EFFECTIVE DATE.--The amendments made by 13 this section shall take effect one year after the date of 14 the enactment of this Act. 15 16 SEC. 3705. REENTRY OF REMOVED ALIEN. Section 276 (8 U.S.C. 1326) is amended to read as 17 follows: 18 19 ''SEC. 276. REENTRY OF REMOVED ALIEN. ''(a) REENTRY AFTER REMOVAL.--Any alien who 20 has been denied admission, excluded, deported, or re21 moved, or who has departed the United States while an 22 order of exclusion, deportation, or removal is outstanding, 23 and subsequently enters, attempts to enter, crosses the 24 border to, attempts to cross the border to, or is at any 25 time found in the United States, shall be fined under title EAS13500 S.L.C. 613 1 18, United States Code, and imprisoned not more than 2 2 years. 3 ''(b) REENTRY OF CRIMINAL OFFENDERS.--Not- 4 withstanding the penalty provided in subsection (a), if an 5 alien described in that subsection-- 6 ''(1) was convicted for 3 or more misdemeanors, 7 with the convictions occurring on different dates, be- 8 fore such removal or departure, the alien shall be 9 fined under title 18, United States Code, and im- 10 prisoned not more than 10 years, or both; 11 ''(2) was convicted for a felony before such re- 12 moval or departure for which the alien was sen- 13 tenced to a term of imprisonment of not less than 14 30 months, the alien shall be fined under such title, 15 and imprisoned not more than 15 years, or both; 16 ''(3) was convicted for a felony before such re- 17 moval or departure for which the alien was sen- 18 tenced to a term of imprisonment of not less than 19 60 months, the alien shall be fined under such title, 20 and imprisoned not more than 20 years, or both; 21 ''(4) was convicted for 3 felonies, with the con- 22 victions occurring on different dates before such re- 23 moval or departure, the alien shall be fined under 24 such title, and imprisoned not more than 20 years, 25 or both; or EAS13500 S.L.C. 614 1 ''(5) was convicted, before such removal or de- 2 parture, for murder, rape, kidnapping, or a felony 3 offense described in chapter 77 (relating to peonage 4 and slavery) or 113B (relating to terrorism) of such 5 title, the alien shall be fined under such title, and 6 imprisoned not more than 20 years, or both. 7 ''(c) REENTRY AFTER REPEATED REMOVAL.--Any 8 alien who has been denied admission, excluded, deported, 9 or removed 3 or more times and thereafter enters, at10 tempts to enter, crosses the border to, attempts to cross 11 the border to, or is at any time found in the United States, 12 shall be fined under title 18, United States Code, and im13 prisoned not more than 10 years, or both. 14 ''(d) PROOF OF PRIOR CONVICTIONS.--The prior 15 convictions described in subsection (b) are elements of the 16 offenses described in that subsection, and the penalties in 17 such subsection shall apply only in cases in which the con18 viction or convictions that form the basis for the additional 19 penalty are-- ''(1) alleged in the indictment or information; 20 21 and 22 ''(2) proven beyond a reasonable doubt at trial 23 or admitted by the defendant under oath as part of 24 a plea agreement. EAS13500 S.L.C. 615 1 ''(e) AFFIRMATIVE DEFENSES.--It shall be an af- 2 firmative defense to a violation of this section that-- 3 ''(1) prior to the alleged violation, the alien had 4 sought and received the express consent of the Sec- 5 retary of Homeland Security to reapply for admis- 6 sion into the United States; or 7 ''(2) at the time of the prior exclusion, deporta- 8 tion, removal, or denial of admission alleged in the 9 violation, the alien had not yet reached 18 years of 10 age and had not been convicted of a crime or adju- 11 dicated a delinquent minor by a court of the United 12 States, or a court of a state or territory, for conduct 13 that would constitute a felony if committed by an 14 adult. 15 ''(f) LIMITATION 16 DERLYING ON COLLATERAL ATTACK ON UN - DEPORTATION ORDER.--In a criminal pro- 17 ceeding under this section, an alien may not challenge the 18 validity of the deportation order described in subsection 19 (a) or subsection (c) unless the alien demonstrates that-- 20 ''(1) the alien exhausted any administrative 21 remedies that may have been available to seek relief 22 against the order; 23 ''(2) the deportation proceedings at which the 24 order was issued improperly deprived the alien of the 25 opportunity for judicial review; and EAS13500 S.L.C. 616 1 ''(3) the entry of the order was fundamentally 2 unfair. 3 ''(g) REENTRY 4 PLETION OF TERM OF ALIEN REMOVED PRIOR OF TO COM- IMPRISONMENT.--Any alien re- 5 moved pursuant to section 241(a)(4) who enters, attempts 6 to enter, crosses the border to, attempts to cross the bor7 der to, or is at any time found in, the United States shall 8 be incarcerated for the remainder of the sentence of im9 prisonment which was pending at the time of deportation 10 without any reduction for parole or supervised release un11 less the alien affirmatively demonstrates that the Sec12 retary of Homeland Security has expressly consented to 13 the alien's reentry or the alien is prima facie eligible for 14 protection from removal. Such alien shall be subject to 15 such other penalties relating to the reentry of removed 16 aliens as may be available under this section or any other 17 provision of law. 18 ''(h) LIMITATION.--It is not aiding and abetting a 19 violation of this section for an individual to provide an 20 alien with emergency humanitarian assistance, including 21 emergency medical care and food, or to transport the alien 22 to a location where such assistance can be rendered with23 out compensation or the expectation of compensation. 24 ''(i) DEFINITIONS.--In this section: EAS13500 S.L.C. 617 1 ''(1) FELONY.--The term 'felony' means any 2 criminal offense punishable by a term of imprison- 3 ment of more than 1 year under the laws of the 4 United States, any State, or a foreign government. 5 ''(2) MISDEMEANOR.--The term 'misdemeanor' 6 means any criminal offense punishable by a term of 7 imprisonment of not more than 1 year under the ap- 8 plicable laws of the United States, any State, or a 9 foreign government. 10 ''(3) REMOVAL.--The term 'removal' includes 11 any denial of admission, exclusion, deportation, or 12 removal, or any agreement by which an alien stipu- 13 lates or agrees to exclusion, deportation, or removal. 14 ''(4) STATE.--The term 'State' means a State 15 of the United States, the District of Columbia, and 16 any commonwealth, territory, or possession of the 17 United States.''. 18 19 20 SEC. 3706. PENALTIES RELATED TO REMOVAL. (a) PENALTIES RELATING CRAFT.--Section TO VESSELS AND AIR- 243(c) (8 U.S.C. 1253(c)) is amended-- 21 (1) by striking ''Attorney General'' each place 22 such term appears and inserting ''Secretary of 23 Homeland Security''; and EAS13500 S.L.C. 618 1 (2) by striking ''Commissioner'' each place such 2 term appears and inserting ''Secretary of Homeland 3 Security''; and 4 5 6 7 8 9 10 11 (3) in paragraph (1)-- (A) in subparagraph (A), by striking ''$2,000'' and inserting ''$5,000''; (B) in subparagraph (B), by striking ''$5,000'' and inserting ''$10,000''; (C) by amending paragraph (1)(C) to read as follows: ''(C) COMPROMISE.--The Security, in the Secretary of 12 Homeland Secretary's 13 unreviewable discretion and upon the receipt of 14 a written request, may mitigate the monetary 15 penalties required under this subsection for 16 each alien stowaway to an amount equal to not 17 less than $2,000, upon such terms that the Sec- 18 retary determines to be appropriate.''; and 19 (D) by inserting at the end the following: 20 ''(D) EXCEPTION.--A person, acting with- 21 out compensation or the expectation of com- 22 pensation, is not subject to penalties under this 23 paragraph if the person is-- 24 ''(i) providing, or attempting to pro- 25 vide, an alien with humanitarian assist- EAS13500 S.L.C. 619 1 ance, including emergency medical care or 2 food or water; or 3 ''(ii) transporting the alien to a loca- 4 tion where such humanitarian assistance 5 can be rendered without compensation or 6 the expectation of compensation.''. 7 SEC. 3707. REFORM OF PASSPORT, VISA, AND IMMIGRATION 8 9 FRAUD OFFENSES. (a) TRAFFICKING IN PASSPORTS.--Section 1541 of 10 title 18, United States Code, is amended to read as fol11 lows: 12 ''? 1541. Trafficking in passports 13 ''(a) MULTIPLE PASSPORTS.--Subject to subsection 14 (b), any person who, during any period of 3 years or less, 15 knowingly-- 16 17 18 19 ''(1) and without lawful authority produces, issues, or transfers 3 or more passports; ''(2) forges, counterfeits, alters, or falsely makes 3 or more passports; 20 ''(3) secures, possesses, uses, receives, buys, 21 sells, or distributes 3 or more passports, knowing 22 the passports to be forged, counterfeited, altered, 23 falsely made, stolen, procured by fraud, or produced 24 or issued without lawful authority; or EAS13500 S.L.C. 620 1 ''(4) completes, mails, prepares, presents, signs, 2 or submits 3 or more applications for a United 3 States passport, knowing the applications to contain 4 any materially false statement or representation, 5 shall be fined under this title, imprisoned not more than 6 20 years, or both. 7 ''(b) USE IN A TERRORISM OFFENSE.--Any person 8 who commits an offense described in subsection (a) to fa9 cilitate an act of international terrorism (as defined in sec10 tion 2331) shall be fined under this title, imprisoned not 11 more than 25 years, or both. 12 ''(c) PASSPORT MATERIALS.--Any person who know- 13 ingly and without lawful authority produces, buys, sells, 14 possesses, or uses any official material (or counterfeit of 15 any official material) used to make 10 or more passports, 16 including any distinctive paper, seal, hologram, image, 17 text, symbol, stamp, engraving, or plate, shall be fined 18 under this title, imprisoned not more than 20 years, or 19 both.''. 20 (b) FALSE STATEMENT IN AN APPLICATION FOR A 21 PASSPORTS.--Section 1542 of title 18, United States 22 Code, is amended to read as follows: EAS13500 S.L.C. 621 1 ''? 1542. False statement in an application for a pass2 3 port ''(a) IN GENERAL.--Any person who knowingly 4 makes any material false statement or representation in 5 an application for a United States passport, or mails, pre6 pares, presents, or signs an application for a United 7 States passport knowing the application to contain any 8 material false statement or representation, shall be fined 9 under this title, imprisoned not more than 25 years (if 10 the offense was committed to facilitate an act of inter11 national terrorism (as defined in section 2331 of this 12 title)), 20 years (if the offense was committed to facilitate 13 a drug trafficking crime (as defined in section 929(a) of 14 this title)), or 15 years (in the case of any other offense) 15 or both. 16 17 18 ''(b) VENUE.-- ''(1) IN GENERAL.--An offense under sub- section (a) may be prosecuted in any district-- 19 ''(A) in which the false statement or rep- 20 resentation was made or the application for a 21 United States passport was prepared or signed; 22 or ''(B) in which or to which the application 23 24 was mailed or presented. 25 ''(2) 26 STATES.--An OFFENSES OUTSIDE THE UNITED offense under subsection (a) involving EAS13500 S.L.C. 622 1 an application prepared and adjudicated outside the 2 United States may be prosecuted in the district in 3 which the resultant passport was or would have been 4 produced. 5 ''(c) SAVINGS CLAUSE.--Nothing in this section may 6 be construed to limit the venue otherwise available under 7 sections 3237 and 3238 of this title.''. 8 (c) MISUSE OF A PASSPORT.--Section 1544 of title 9 18, United States Code, is amended to read as follows: 10 ''? 1544. Misuse of a passport 11 12 13 ''Any person who knowingly-- ''(1) misuses for their own purposes any passport issued or designed for the use of another; 14 ''(2) uses any passport in violation of the laws, 15 regulations, or rules governing the issuance and use 16 of the passport; 17 ''(3) secures, possesses, uses, receives, buys, 18 sells, or distributes any passport knowing the pass- 19 port to be forged, counterfeited, altered, falsely 20 made, procured by fraud, or produced or issued 21 without lawful authority; or 22 ''(4) substantially violates the terms and condi- 23 tions of any safe conduct duly obtained and issued 24 under the authority of the United States, EAS13500 S.L.C. 623 1 shall be fined under this title, imprisoned not more than 2 25 years (if the offense was committed to facilitate an act 3 of international terrorism (as defined in section 2331 of 4 this title)), 20 years (if the offense was committed to fa5 cilitate a drug trafficking crime (as defined in section 6 929(a) of this title)) or 15 years (in the case of any other 7 offense), or both.''. (d) SCHEMES 8 9 TION TO PROVIDE FRAUDULENT IMMIGRA- SERVICES.--Section 1545 of title 18, United States 10 Code, is amended to read as follows: 11 ''? 1545. Schemes to provide fraudulent immigration 12 13 services ''(a) IN GENERAL.--Any person who knowingly exe- 14 cutes a scheme or artifice, in connection with any matter 15 that is authorized by or arises under any Federal immigra16 tion law or any matter the offender claims or represents 17 is authorized by or arises under any Federal immigration 18 law, to-- 19 ''(1) defraud any person; or 20 ''(2) obtain or receive money or anything else of 21 value from any person by means of false or fraudu- 22 lent pretenses, representations, or promises, 23 shall be fined under this title, imprisoned not more than 24 10 years, or both. EAS13500 S.L.C. 624 1 ''(b) MISREPRESENTATION.--Any person who know- 2 ingly and falsely represents that such person is an attor3 ney or an accredited representative (as that term is de4 fined in section 1292.1 of title 8, Code of Federal Regula5 tions (or any successor regulation)) in any matter arising 6 under any Federal immigration law shall be fined under 7 this title, imprisoned not more than 15 years, or both.''. 8 (e) IMMIGRATION AND VISA FRAUD.--Section 1546 9 of title 18, United States Code, is amended-- 10 11 (1) by amending the section heading to read as follows: 12 ''? 1546. Immigration and visa fraud''; 13 and 14 (2) by striking subsections (b) and (c) and in- 15 serting the following: 16 ''(b) TRAFFICKING.--Any person who, during any pe- 17 riod of 3 years or less, knowingly-- 18 ''(1) and without lawful authority produces, 19 issues, or transfers 3 or more immigration docu- 20 ments; 21 22 ''(2) forges, counterfeits, alters, or falsely makes 3 or more immigration documents; 23 ''(3) secures, possesses, uses, buys, sells, or dis- 24 tributes 3 or more immigration documents, knowing 25 the immigration documents to be forged, counter- EAS13500 S.L.C. 625 1 feited, altered, stolen, falsely made, procured by 2 fraud, or produced or issued without lawful author- 3 ity; or 4 ''(4) completes, mails, prepares, presents, signs, 5 or submits 3 or more immigration documents know- 6 ing the documents to contain any materially false 7 statement or representation, 8 shall be fined under this title, imprisoned not more than 9 20 years, or both. 10 ''(c) IMMIGRATION DOCUMENT MATERIALS.--Any 11 person who knowingly and without lawful authority pro12 duces, buys, sells, possesses, or uses any official material 13 (or counterfeit of any official material) used to make 10 14 or more immigration documents, including any distinctive 15 paper, seal, hologram, image, text, symbol, stamp, engrav16 ing, or plate, shall be fined under this title, imprisoned 17 not more than 20 years, or both.''. 18 (f) ALTERNATIVE IMPRISONMENT MAXIMUM FOR 19 CERTAIN OFFENSES.--Section 1547 of title 18, United 20 States Code, is amended-- 21 (1) in the matter preceding paragraph (1), by 22 striking ''(other than an offense under section 23 1545)''; 24 25 (2) in paragraph (1), by striking ''15'' and inserting ''20''; and EAS13500 S.L.C. 626 (3) in paragraph (2), by striking ''20'' and in- 1 2 serting ''25''. 3 (g) AUTHORIZED LAW ENFORCEMENT ACTIVITIES.-- 4 Chapter 75 of title 18, United States Code, is amended 5 by adding after section 1547 the following: 6 ''? 1548. Authorized law enforcement activities 7 ''Nothing in this chapter may be construed to pro- 8 hibit-- 9 ''(1) any lawfully authorized investigative, pro- 10 tective, or intelligence activity of a law enforcement 11 agency of the United States, a State, or a political 12 subdivision of a State, or an intelligence agency of 13 the United States; or 14 ''(2) any activity authorized under title V of the 15 Organized Crime Control Act of 1970 (Public Law 16 91-452; 84 Stat. 933).''. 17 (h) TABLE OF SECTIONS AMENDMENT.--The table 18 of sections for chapter 75 of title 18, United States Code, 19 is amended to read as follows: ''Sec. ''1541. ''1542. ''1543. ''1544. ''1545. ''1546. ''1547. ''1548. Trafficking in passports. False statement in an application for a passport. Forgery or false use of a passport. Misuse of a passport. Schemes to provide fraudulent immigration services. Immigration and visa fraud. Alternative imprisonment maximum for certain offenses. Authorized law enforcement activities.''. EAS13500 S.L.C. 627 1 2 SEC. 3708. COMBATING SCHEMES TO DEFRAUD ALIENS. (a) REGULATIONS, FORMS, AND PROCEDURES.--The 3 Secretary and the Attorney General, for matters within 4 their respective jurisdictions arising under the immigra5 tion laws, shall promulgate appropriate regulations, forms, 6 and procedures defining the circumstances in which-- 7 (1) persons submitting applications, petitions, 8 motions, or other written materials relating to immi- 9 gration benefits or relief from removal under the im- 10 migration laws will be required to identify who 11 (other than immediate family members) assisted 12 them in preparing or translating the immigration 13 submissions; and 14 (2) any person or persons who received com- 15 pensation (other than a nominal fee for copying, 16 mailing, or similar services) in connection with the 17 preparation, completion, or submission of such mate- 18 rials will be required to sign the form as a preparer 19 and provide identifying information. 20 (b) CIVIL INJUNCTIONS AGAINST IMMIGRATION 21 SERVICE PROVIDER.--The Attorney General may com22 mence a civil action in the name of the United States to 23 enjoin any immigration service provider from further en24 gaging in any fraudulent conduct that substantially inter25 feres with the proper administration of the immigration 26 laws or who willfully misrepresents such provider's legal EAS13500 S.L.C. 628 1 authority to provide representation before the Department 2 of Justice or Department. 3 4 (c) DEFINITIONS.--In this section: (1) IMMIGRATION LAWS.--The term ''immigra- 5 tion laws'' has the meaning given that term in sec- 6 tion 101(a)(17) of the Immigration and Nationality 7 Act (8 U.S.C. 1101(a)(17)). 8 (2) IMMIGRATION SERVICE PROVIDER.--The 9 term ''immigration service provider'' means any indi- 10 vidual or entity (other than an attorney or individual 11 otherwise authorized to provide representation in im- 12 migration proceedings as provided in Federal regula- 13 tion) who, for a fee or other compensation, provides 14 any assistance or representation to aliens in relation 15 to any filing or proceeding relating to the alien 16 which arises, or which the provider claims to arise, 17 under the immigration laws, executive order, or pres- 18 idential proclamation. 19 SEC. 3709. INADMISSIBILITY AND REMOVAL FOR PASSPORT 20 AND IMMIGRATION FRAUD OFFENSES. 21 (a) INADMISSIBILITY.--Section 212(a)(2)(A)(i) (8 22 U.S.C. 1182(a)(2)(A)(i)) is amended-- 23 24 (1) in subclause (I), by striking '', or'' at the end and inserting a semicolon; EAS13500 S.L.C. 629 (2) in subclause (II), by striking the comma at 1 2 the end and inserting ''; or''; and (3) by inserting after subclause (II) the fol- 3 4 lowing: 5 ''(III) a violation of section 1541, 6 1545, and subsection (b) of section 7 1546 of title 18, United States 8 Code,''. 9 (b) REMOVAL.--Section 237(a)(3)(B)(iii) (8 U.S.C. 10 1227(a)(3)(B)(iii)) is amended to read as follows: 11 ''(ii) a violation of section 1541, 1545, 12 and subsection (b) of section 1546 of title 13 18, United States Code,''. 14 (c) EFFECTIVE DATE.--The amendments made by 15 subsections (a) and (b) shall apply to proceedings pending 16 on or after the date of the enactment of this Act, with 17 respect to conduct occurring on or after that date. 18 SEC. 3710. DIRECTIVES RELATED TO PASSPORT AND DOCU- 19 20 21 22 MENT FRAUD. (a) DIRECTIVE TENCING TO THE UNITED STATES SEN- COMMISSION.-- (1) IN GENERAL.--Pursuant to the authority 23 under section 994 of title 28, United States Code, 24 the United States Sentencing Commission shall pro- 25 mulgate or amend the sentencing guidelines, policy EAS13500 S.L.C. 630 1 statements, and official commentaries, if appro- 2 priate, related to passport fraud offenses, including 3 the offenses described in chapter 75 of title 18, 4 United States Code, as amended by section 3407, to 5 reflect the serious nature of such offenses. 6 (2) REPORT.--Not later than 1 year after the 7 date of the enactment of this Act, the United States 8 Sentencing Commission shall submit a report on the 9 implementation of this subsection to-- 10 11 12 13 14 (A) the Committee on the Judiciary of the Senate; and (B) the Committee on the Judiciary of the House of Representatives. (b) PROTECTION FOR LEGITIMATE REFUGEES AND 15 ASYLUM SEEKERS.-- 16 17 (1) IN GENERAL.-- (A) REQUIREMENT FOR GUIDELINES.-- 18 The Attorney General, in consultation with the 19 Secretary, shall develop binding prosecution 20 guidelines for Federal prosecutors to ensure 21 that each prosecution of an alien seeking entry 22 into the United States by fraud is consistent 23 with the United States treaty obligations under 24 Article 31(1) of the Convention Relating to the 25 Status of Refugees, done at Geneva July 28, EAS13500 S.L.C. 631 1 1951 (as made applicable by the Protocol Relat- 2 ing to the Status of Refugees, done at New 3 York January 31, 1967 (19 UST 6223)). 4 (B) NO PRIVATE RIGHT OF ACTION.--The 5 guidelines developed pursuant to subparagraph 6 (A), and any internal office procedures related 7 to such guidelines-- 8 (i) are intended solely for the guid- 9 ance of attorneys of the United States; and 10 (ii) are not intended to, do not, and 11 may not be relied upon to, create any right 12 or benefit, substantive or procedural, en- 13 forceable at law by any party in any ad- 14 ministrative, civil, or criminal matter. 15 (2) PROTECTION OF VULNERABLE PERSONS.-- 16 A person described in paragraph (3) may not be 17 prosecuted under chapter 75 of title 18, United 18 States Code, or under section 275 or 276 of the Im- 19 migration and Nationality Act (8 U.S.C. 1325 and 20 1326), in connection with the person's entry or at- 21 tempted entry into the United States until after the 22 date on which the person's application for such pro- 23 tection, classification, or status has been adjudicated 24 and denied in accordance with the Immigration and 25 Nationality Act (8 U.S.C. 1101 et seq.). EAS13500 S.L.C. 632 1 (3) PERSONS SEEKING PROTECTION, CLASSI- 2 FICATION, OR STATUS.--A 3 paragraph is a person who-- (A) is seeking protection, classification, or 4 5 person described in this status; and 6 (B)(i) has filed an application for asylum 7 under section 208 of the Immigration and Na- 8 tionality Act (8 U.S.C. 1158), withholding of 9 removal under section 241(b)(3) of such Act (8 10 U.S.C. 1231(b)(3)), or relief under the Conven- 11 tion against Torture and Other Cruel, Inhuman 12 or Degrading Treatment or Punishment, done 13 at New York, December 10, 1994, pursuant to 14 title 8, Code of Federal Regulations; 15 (ii) indicates immediately after apprehen- 16 sion, that he or she intends to apply for such 17 asylum, withholding of removal, or relief and 18 promptly files the appropriate application; 19 (iii) has been referred for a credible fear 20 interview, a reasonable fear interview, or an 21 asylum-only hearing under section 235 of the 22 Immigration and Nationality Act (8 U.S.C. 23 1225) or title 8, Code of Federal Regulations; 24 or EAS13500 S.L.C. 633 (iv) has filed an application for classifica- 1 tion or status under-- 2 3 (I) subparagraph (T) or (U) of para- 4 graph (15), paragraph (27)(J), or para- 5 graph (51) of section 101(a) of the Immi- 6 gration and Nationality Act (8 U.S.C. 7 1101(a)); or 8 (II) 9 240A(b)(2), of such 216(c)(4)(C) Act (8 or U.S.C. 1186a(c)(4)(C) and 1229b(b)(2)). 10 11 section SEC. 3711. INADMISSIBLE ALIENS. 12 (a) DETERRING ALIENS ORDERED REMOVED FROM 13 REMAINING IN THE UNITED STATES UNLAWFULLY.-- 14 Section 212(a)(9)(A) (8 U.S.C. 1182(a)(9)(A)) is amend15 ed-- 16 (1) in clause (i), by striking ''seeks admission 17 within 5 years of the date of such removal (or within 18 20 years'' and inserting ''seeks admission not later 19 than 5 years after the date of the alien's removal (or 20 not later than 20 years after the alien's removal''; 21 and 22 (2) in clause (ii), by striking ''seeks admission 23 within 10 years of the date of such alien's departure 24 or removal (or within 20 years of'' and inserting 25 ''seeks admission not later than 10 years after the EAS13500 S.L.C. 634 1 date of the alien's departure or removal (or not later 2 than 20 years after''. 3 (b) BIOMETRIC SCREENING.--Section 212 (8 U.S.C. 4 1182) is amended-- 5 6 (1) in subsection (a)(7), by adding at the end the following: ''(C) WITHHOLDING 7 INFORMATION.--Ex- 8 cept as provided in subsection (d)(2), any alien 9 who willfully, through his or her own fault, re- 10 fuses to comply with a lawful request for bio- 11 metric information is inadmissible.''; and 12 (2) in subsection (d), by inserting after para- 13 graph (1) the following: 14 ''(2) The Secretary may waive the application 15 of subsection (a)(7)(C) for an individual alien or a 16 class of aliens.''. 17 (c) PRECLUDING ADMISSIBILITY 18 VICTED OF OF ALIENS CON- SERIOUS CRIMINAL OFFENSES AND DOMESTIC 19 VIOLENCE, STALKING, CHILD ABUSE AND VIOLATION OF 20 PROTECTION ORDERS.-- 21 (1) INADMISSIBILITY ON CRIMINAL AND RE- 22 LATED GROUNDS; WAIVERS.--Section 212 (8 U.S.C. 23 1182), as amended by section 3302, is further 24 amended-- EAS13500 S.L.C. 635 1 (A) in subsection (a)(2), as amended by 2 sections 3401 and 3402, is further amended by 3 inserting after subparagraph (J) the following: 4 ''(K) CRIMES OF DOMESTIC VIOLENCE, 5 STALKING, OR VIOLATION OF PROTECTIVE OR- 6 DERS; CRIMES AGAINST CHILDREN.-- 7 8 9 ''(i) DOMESTIC VIOLENCE, STALKING, AND CHILD ABUSE.-- ''(I) IN GENERAL.--Any alien 10 who has been convicted of a crime of 11 domestic violence, a crime of stalking, 12 or a crime of child abuse, child ne- 13 glect, or child abandonment, provided 14 the alien served at least 1 year impris- 15 onment for the crime, or provided the 16 alien was convicted of offenses consti- 17 tuting more than 1 such crime, not 18 arising out of a single scheme of 19 criminal misconduct, is inadmissible. 20 ''(II) CRIME 21 LENCE DEFINED.--In 22 term 'crime of domestic violence' 23 means any crime of violence (as de- 24 fined in section 16 of title 18, United 25 States Code) against a person com- OF DOMESTIC VIO- this clause, the EAS13500 S.L.C. 636 1 mitted by a current or former spouse 2 of the person, by an individual with 3 whom the person shares a child in 4 common, by an individual who is co- 5 habiting with or has cohabited with 6 the person as a spouse, by an indi- 7 vidual similarly situated to a spouse 8 of the person under the domestic or 9 family violence laws of the jurisdiction 10 where the offense occurs, or by any 11 other individual against a person who 12 is protected from that individual's 13 acts under the domestic or family vio- 14 lence laws of the United States or any 15 State, Indian tribal government, or 16 unit of local or foreign government. 17 ''(ii) VIOLATORS 18 19 OF PROTECTION OR- DERS.-- ''(I) IN GENERAL.--Any alien 20 who at any time is enjoined under a 21 protection order issued by a court and 22 whom the court determines has en- 23 gaged in conduct that constitutes 24 criminal contempt of the portion of a 25 protection order that involves protec- EAS13500 S.L.C. 637 1 tion against credible threats of vio- 2 lence, repeated harassment, or bodily 3 injury to the person or persons for 4 whom the protection order was issued, 5 is inadmissible. 6 ''(II) PROTECTION ORDER DE- 7 FINED.--In this clause, the term 'pro- 8 tection order' means any injunction 9 issued for the purpose of preventing 10 violent or threatening acts of domestic 11 violence, including temporary or final 12 orders issued by civil or criminal 13 courts (other than support or child 14 custody orders or provisions) whether 15 obtained by filing an independent ac- 16 tion or as an independent order in an- 17 other proceeding. 18 ''(iii) APPLICABILITY.--This subpara- 19 graph shall not apply to an alien who has 20 been battered or subjected to extreme cru- 21 elty and who is not and was not the pri- 22 mary perpetrator of violence in the rela- 23 tionship, upon a determination by the At- 24 torney General or the Secretary of Home- 25 land Security that-- EAS13500 S.L.C. 638 ''(I) the alien was acting in self- 1 defense; 2 3 ''(II) the alien was found to have 4 violated a protection order intended to 5 protect the alien; or 6 ''(III) the alien committed, was 7 arrested for, was convicted of, or pled 8 guilty to committing a crime that did 9 not result in serious bodily injury.''; (B) in subsection (h)-- 10 11 (i) by striking ''The Attorney General 12 may, in his discretion, waive the applica- 13 tion of subparagraphs (A)(i)(I), (B), (D), 14 and (E) of subsection (a)(2)'' and inserting 15 ''The Attorney General or the Secretary of 16 Homeland Security may waive the applica- 17 tion of subparagraphs (A)(i)(I), (B), (D), 18 (E), of subsection (a)(2)''; and 19 (ii) by inserting ''or Secretary of 20 Homeland Security'' after ''the Attorney 21 General'' each place that term appears. (2) EFFECTIVE 22 DATE.--The amendments made 23 by this subsection shall apply to any acts that oc- 24 curred on or after the date of the enactment of this 25 Act. EAS13500 S.L.C. 639 1 2 3 4 5 6 7 SEC. 3712. ORGANIZED AND ABUSIVE HUMAN SMUGGLING ACTIVITIES. (a) ENHANCED PENALTIES.-- (1) IN GENERAL.--Title II (8 U.S.C. 1151 et seq.) is amended by adding at the end the following: ''SEC. 295. ORGANIZED HUMAN SMUGGLING. ''(a) PROHIBITED ACTIVITIES.--Whoever, while act- 8 ing for profit or other financial gain, knowingly directs 9 or participates in an effort or scheme to assist or cause 10 5 or more persons (other than a parent, spouse or child 11 of the offender)-- 12 13 14 15 ''(1) to enter, attempt to enter, or prepare to enter the United States-- ''(A) by fraud, falsehood, or other corrupt means; 16 ''(B) at any place other than a port or 17 place of entry designated by the Secretary; or 18 ''(C) in a manner not prescribed by the im- 19 migration laws and regulations of the United 20 States; or 21 ''(2) to travel by air, land, or sea toward the 22 United States (whether directly or indirectly)-- 23 ''(A) knowing that the persons seek to 24 enter or attempt to enter the United States 25 without lawful authority; and EAS13500 S.L.C. 640 ''(B) with the intent to aid or further such 1 2 entry or attempted entry; or 3 ''(3) to be transported or moved outside of the 4 United States-- 5 ''(A) knowing that such persons are aliens 6 in unlawful transit from one country to another 7 or on the high seas; and 8 ''(B) under circumstances in which the 9 persons are in fact seeking to enter the United 10 States without official permission or legal au- 11 thority; 12 shall be punished as provided in subsection (c) or 13 (d). 14 ''(b) CONSPIRACY AND ATTEMPT.--Any person who 15 attempts or conspires to violate subsection (a) of this sec16 tion shall be punished in the same manner as a person 17 who completes a violation of such subsection. 18 ''(c) BASE PENALTY.--Except as provided in sub- 19 section (d), any person who violates subsection (a) or (b) 20 shall be fined under title 18, imprisoned for not more than 21 20 years, or both. 22 ''(d) ENHANCED PENALTIES.--Any person who vio- 23 lates subsection (a) or (b) shall-- 24 ''(1) in the case of a violation during and in re- 25 lation to which a serious bodily injury (as defined in EAS13500 S.L.C. 641 1 section 1365 of title 18) occurs to any person, be 2 fined under title 18, imprisoned for not more than 3 30 years, or both; 4 ''(2) in the case of a violation during and in re- 5 lation to which the life of any person is placed in 6 jeopardy, be fined under title 18, imprisoned for not 7 more than 30 years, or both; 8 ''(3) in the case of a violation involving 10 or 9 more persons, be fined under title 18, imprisoned for 10 not more than 30 years, or both; 11 ''(4) in the case of a violation involving the 12 bribery or corruption of a U.S. or foreign govern- 13 ment official, be fined under title 18, imprisoned for 14 not more than 30 years, or both;''. 15 ''(5) in the case of a violation involving robbery 16 or extortion (as those terms are defined in para- 17 graph (1) or (2), respectively, of section 1951(b)) be 18 fined under title 18, imprisoned for not more than 19 30 years, or both; 20 ''(6) in the case of a violation during and in re- 21 lation to which any person is subjected to an invol- 22 untary sexual act (as defined in section 2246(2) of 23 title 18), be fined under title 18, imprisoned for not 24 more than 30 years, or both; or EAS13500 S.L.C. 642 1 ''(7) in the case of a violation resulting in the 2 death of any person, be fined under title 18, impris- 3 oned for or any term of years or for life, or both. 4 ''(e) LAWFUL AUTHORITY DEFINED.-- 5 6 ''(1) IN GENERAL.--In this section, the term 'lawful authority'-- 7 ''(A) means permission, authorization, or 8 license that is expressly provided for in the im- 9 migration laws of the United States or accom- 10 panying regulations: and 11 ''(B) does not include any such authority 12 secured by fraud or otherwise obtained in viola- 13 tion of law; nor does it include authority 14 sought, but not approved. 15 ''(2) APPLICATION TO TRAVEL OR ENTRY.--No 16 alien shall be deemed to have lawful authority to 17 travel to or enter the United States if such travel or 18 entry was, is, or would be in violation of law. 19 ''(f) EFFORT OR SCHEME.--For purposes of this sec- 20 tion, 'effort or scheme to assist or cause 5 or more per21 sons' does not require that the 5 or more persons enter, 22 attempt to enter, prepare to enter, or travel at the same 23 time so long as the acts are completed within 1 year. EAS13500 S.L.C. 643 1 ''SEC. 296. UNLAWFULLY HINDERING IMMIGRATION, BOR- 2 DER, AND CUSTOMS CONTROLS. 3 ''(a) ILLICIT SPOTTING.--Whoever knowingly trans- 4 mits to another person the location, movement, or activi5 ties of any Federal, State, or tribal law enforcement agen6 cy with the intent to further a Federal crime relating to 7 United States immigration, customs, controlled sub8 stances, agriculture, monetary instruments, or other bor9 der controls shall be fined under title 18, imprisoned not 10 more than 10 years, or both. 11 ''(b) DESTRUCTION OF UNITED STATES BORDER 12 CONTROLS.--Whoever knowingly and without lawful au13 thorization destroys, alters, or damages any fence, barrier, 14 sensor, camera, or other physical or electronic device de15 ployed by the Federal government to control the border 16 or a port of entry or otherwise seeks to construct, exca17 vate, or make any structure intended to defeat, circumvent 18 or evade any such fence, barrier, sensor camera, or other 19 physical or electronic device deployed by the Federal gov20 ernment to control the border or a port of entry shall be 21 fined under title 18, imprisoned not more than 10 years, 22 or both, and if, at the time of the offense, the person uses 23 or carries a firearm or who, in furtherance of any such 24 crime, possesses a firearm, that person shall be fined 25 under Title 18, imprisoned not more than 20 years, or 26 both EAS13500 S.L.C. 644 1 ''(c) CONSPIRACY AND ATTEMPT.--Any person who 2 attempts or conspires to violate subsection (a) or (b) of 3 this section shall be punished in the same manner as a 4 person who completes a violation of such subsection.''. (2) TABLE 5 OF CONTENTS AMENDMENT.--The 6 table of contents is amended by adding after the 7 item relating to section 294 the following: ''Sec. 295. Organized human smuggling. ''Sec. 296. Unlawfully hindering immigration, border, and customs controls.''. 8 (b) PROHIBITING CARRYING 9 DURING AND IN RELATION OR TO AN USE OF A FIREARM ALIEN SMUGGLING 10 CRIME.--Section 924(c) of title 18, United States Code, 11 is amended-- 12 (1) in paragraph (1)-- 13 (A) in subparagraph (A), by inserting '', 14 alien smuggling crime,'' after ''crime of vio- 15 lence'' each place that term appears; and 16 (B) in subparagraph (D)(ii), by inserting 17 '', alien smuggling crime,'' after ''crime of vio- 18 lence''; and 19 (2) by adding at the end the following: 20 ''(6) For purposes of this subsection, the term 'alien 21 smuggling crime' means any felony punishable under sec22 tion 274(a), 277, or 278 of the Immigration and Nation23 ality Act (8 U.S.C. 1324(a), 1327, and 1328).''. EAS13500 S.L.C. 645 1 (c) STATUTE OF LIMITATIONS.--Section 3298 of title 2 18, United States Code, is amended by inserting '', 295, 3 296, or 297'' after ''274(a)''. 4 SEC. 3713. PREVENTING CRIMINALS FROM RENOUNCING 5 CITIZENSHIP DURING WARTIME. 6 Section 349(a) (8 U.S.C. 1481(a) is amended-- 7 (1) by striking paragraph (6) ; and 8 (2) redesignating paragraph (7) as paragraph 9 10 11 (6). SEC. 3714. DIPLOMATIC SECURITY SERVICE. Paragraph (1) of section 37(a) of the State Depart- 12 ment Basic Authorities Act of 1956 (22 U.S.C. 2709(a)) 13 is amended to read as follows: 14 ''(1) conduct investigations concerning-- ''(A) illegal passport or visa issuance or 15 16 use; 17 ''(B) identity theft or document fraud af- 18 fecting or relating to the programs, functions, 19 and authorities of the Secretary of State; 20 21 ''(C) violations of chapter 77 of title 18, United States Code; and 22 ''(D) Federal offenses committed within 23 the special maritime and territorial jurisdiction 24 of the United States (as defined in section 7(9) 25 of title 18, United States Code);''. EAS13500 S.L.C. 646 1 2 SEC. 3715. SECURE ALTERNATIVES PROGRAMS. (a) IN GENERAL.--The Secretary shall establish se- 3 cure alternatives programs that incorporate case manage4 ment services in each field office of the Department to 5 ensure appearances at immigration proceedings and public 6 safety. 7 (b) CONTRACT AUTHORITY.--The Secretary shall 8 contract with nongovernmental community based organi9 zations to conduct screening of detainees, provide appear10 ance assistance services, and operate community-based su11 pervision programs. Secure alternatives shall offer a con12 tinuum of supervision mechanisms and options including 13 community support, depending on an assessment of each 14 individual's circumstances. The Secretary may contract 15 with nongovernmental organizations to implement secure 16 alternatives that maintain custody over the alien. 17 (c) INDIVIDUALIZED DETERMINATIONS.--In deter- 18 mining whether to use secure alternatives, the Secretary 19 shall make an individualized determination, and for each 20 individual placed on secure alternatives shall review the 21 level of supervision on a monthly basis. Secure alternatives 22 shall not be used when release on bail or recognizance is 23 determined to be a sufficient measure to ensure appear24 ances at immigration proceedings and public safety. 25 (d) CUSTODY.--The Secretary may use secure alter- 26 natives programs to maintain custody over any alien de- EAS13500 S.L.C. 647 1 tained under this Act except for aliens detained under sec2 tion 236A of the Immigration and Nationality Act (8 3 U.S.C. 1226a). If an individual is not eligible for release 4 from custody or detention, the Secretary shall consider the 5 alien for placement in secure alternatives that maintain 6 custody over the alien to serve as detention, including the 7 use of electronic ankle devices. 8 9 10 SEC. 3716. OVERSIGHT OF DETENTION FACILITIES. (a) DEFINITIONS.--In this section: (1) APPLICABLE STANDARDS.--The term ''ap- 11 plicable standards'' means the most recent version of 12 detention standards and detention-related policies 13 issued by the Secretary or the Director of U.S. Im- 14 migration and Customs Enforcement. 15 (2) DETENTION FACILITY.--The term ''deten- 16 tion facility'' means a Federal, State, or local gov- 17 ernment facility, or a privately owned and operated 18 facility, that is used, in whole or in part, to hold in- 19 dividuals under the authority of the Director of U.S. 20 Immigration and Customs Enforcement, including 21 facilities that hold such individuals under a contract 22 or agreement with the Director. 23 (b) DETENTION REQUIREMENTS.--The Secretary 24 shall ensure that all persons detained pursuant to the Im25 migration and Nationality Act (8 U.S.C. 1101 et seq.) are EAS13500 S.L.C. 648 1 treated humanely and benefit from the protections set 2 forth in this section. 3 4 (c) OVERSIGHT REQUIREMENTS.-- (1) ANNUAL INSPECTION.--All detention facili- 5 ties shall be inspected by the Secretary on a regular 6 basis, but not less than annually, for compliance 7 with applicable detention standards issued by the 8 Secretary and other applicable regulations. 9 (2) ROUTINE OVERSIGHT.--In addition to an- 10 nual inspections, the Secretary shall conduct routine 11 oversight of detention facilities, including unan- 12 nounced inspections. 13 (3) AVAILABILITY OF RECORDS.--All detention 14 facility contracts, memoranda of agreement, and 15 evaluations and reviews shall be considered records 16 for purposes of section 552(f)(2) of title 5, United 17 States Code. 18 (4) CONSULTATION.--The Secretary shall seek 19 input from nongovernmental organizations regarding 20 their independent opinion of specific facilities. 21 (d) COMPLIANCE MECHANISMS.-- 22 23 (1) AGREEMENTS.-- (A) NEW AGREEMENTS.--Compliance with 24 applicable standards of the Secretary and all 25 applicable regulations, and meaningful financial EAS13500 S.L.C. 649 1 penalties for failure to comply, shall be a mate- 2 rial term in any new contract, memorandum of 3 agreement, or any renegotiation, modification, 4 or renewal of an existing contract or agreement, 5 including fee negotiations, executed with deten- 6 tion facilities. 7 (B) EXISTING AGREEMENTS.--Not later 8 than 180 days after the date of the enactment 9 of this Act, the Secretary shall secure a modi- 10 fication incorporating these terms for any exist- 11 ing contracts or agreements that will not be re- 12 negotiated, renewed, or otherwise modified. 13 (C) CANCELLATION OF AGREEMENTS.-- 14 Unless the Secretary provides a reasonable ex- 15 tension to a specific detention facility that is 16 negotiating in good faith, contracts or agree- 17 ments with detention facilities that are not 18 modified within 1 year of the date of the enact- 19 ment of this Act will be cancelled. 20 (D) PROVISION OF INFORMATION.--In 21 making modifications under this paragraph, the 22 Secretary shall require that detention facilities 23 provide to the Secretary all contracts, memo- 24 randa of agreement, evaluations, and reviews 25 regarding the facility on a regular basis. The EAS13500 S.L.C. 650 1 Secretary shall make these materials publicly 2 available. 3 (2) FINANCIAL 4 PENALTIES.-- (A) REQUIREMENT TO IMPOSE.--Subject 5 to subparagraph (C), the Secretary shall impose 6 meaningful financial penalties upon facilities 7 that fail to comply with applicable detention 8 standards issued by the Secretary and other ap- 9 plicable regulations. 10 (B) TIMING OF IMPOSITION.--Financial 11 penalties imposed under subparagraph (A) shall 12 be imposed immediately after a facility fails to 13 achieve an adequate or the equivalent median 14 score in any performance evaluation. 15 (C) WAIVER.--The requirements of sub- 16 paragraph (A) may be waived if the facility cor- 17 rects the noted deficiencies and receives an ade- 18 quate score in not more than 90 days. 19 (D) MULTIPLE OFFENDERS.--In cases of 20 persistent and substantial non-compliance, in- 21 cluding scoring less than adequate or the equiv- 22 alent median score in 2 consecutive inspections, 23 the Secretary shall terminate contracts or 24 agreements with such facilities within 60 days, 25 or in the case of facilities operated by the Sec- EAS13500 S.L.C. 651 1 retary, such facilities shall be closed within 90 2 days. 3 (e) REPORTING REQUIREMENTS.-- 4 (1) OBJECTIVES.--Not later than June 30 of 5 each year, the Secretary shall prepare and submit to 6 the Committee on the Judiciary of the Senate and 7 the Committee on the Judiciary of the House of 8 Representatives a report on inspection and oversight 9 activities of detention facilities. 10 11 (2) CONTENTS.--Each report submitted under paragraph (1) shall include-- 12 (A) a description of each detention facility 13 found to be in noncompliance with applicable 14 detention standards issued by the Department 15 and other applicable regulations; 16 (B) a description of the actions taken by 17 the Department to remedy any findings of non- 18 compliance or other identified problems, includ- 19 ing financial penalties, contract or agreement 20 termination, or facility closure; and 21 (C) information regarding whether the ac- 22 tions described in subparagraph (B) resulted in 23 compliance with applicable detention standards 24 and regulations. EAS13500 S.L.C. 652 1 2 3 SEC. 3717. PROCEDURES FOR BOND HEARINGS AND FILING OF NOTICES TO APPEAR. (a) ALIENS IN CUSTODY.--Section 236 (8 U.S.C. 4 1226) is amended by adding at the end the following: 5 ''(f) PROCEDURES FOR CUSTODY HEARINGS.--For 6 any alien taken into custody under any provision of this 7 Act, with the exception of minors being transferred to or 8 in the custody of the Office of Refugee Resettlement, the 9 following shall apply: 10 ''(1) The Secretary of Homeland Security shall, 11 without unnecessary delay and not later than 72 12 hours after the alien is taken into custody, file the 13 Notice to Appear or other relevant charging docu- 14 ment with the immigration court having jurisdiction 15 over the location where the alien was apprehended, 16 and serve such notice on the alien. 17 ''(2) The Secretary shall immediately determine 18 whether the alien shall remain in custody or be re- 19 leased and, without unnecessary delay and not later 20 than 72 hours after the alien was taken into cus- 21 tody, serve upon the alien the custody decision speci- 22 fying the reasons for continued custody and the 23 amount of bond if any. 24 ''(3) The Attorney General shall ensure the 25 alien has the opportunity to appear before an immi- 26 gration judge for a custody determination hearing EAS13500 S.L.C. 653 1 promptly after service of the Secretary's custody de- 2 cision. The immigration judge may, on the Sec- 3 retary's motion and upon a showing of good cause, 4 postpone a custody determination hearing for no 5 more than 72 hours after service of the custody deci- 6 sion, except that in no case shall the hearing occur 7 more than seven days (including weekends and holi- 8 days) after the alien was taken into custody. 9 ''(4) The immigration judge shall advise the 10 alien of the right to postpone the custody determina- 11 tion hearing and shall, on the oral or written request 12 of the individual, postpone the custody determina- 13 tion hearing for a period of no more than 14 days. 14 ''(5) Except for aliens that the immigration 15 judge has determined are deportable as described in 16 section 236A and 236(c), the immigration judge 17 shall review the custody determination de novo and 18 may detain the alien only if the Secretary dem- 19 onstrates that no conditions, including the use of al- 20 ternatives to detention that maintain custody over 21 the alien, will reasonably assure the appearance of 22 the alien as required and the safety of any other 23 person and the community. For aliens detained 24 under 236(c), the immigration judge may review the 25 custody determination if the Secretary agrees the EAS13500 S.L.C. 654 1 alien is not a danger to the community and alter- 2 natives to detention exist that assure the appearance 3 of the alien as required and the safety of any other 4 person and the community. 5 ''(6) In the case of any alien remaining in cus- 6 tody after a custody determination, the Attorney 7 General shall provide de novo custody determination 8 hearings before an immigration judge every 90 days 9 so long as the alien remains in custody. The alien 10 may obtain a de novo custody redetermination hear- 11 ing upon a showing of good cause. 12 ''(7) The Secretary shall inform the alien of his 13 or her rights under this paragraph at the time the 14 alien is first taken into custody.''. 15 (b) STIPULATED REMOVAL.--Section 240(d) (8 16 U.S.C. 1229a) is amended to read as follows: 17 ''(d) STIPULATED REMOVAL.--The Attorney General 18 shall provide by regulation for the entry by an immigration 19 judge of an order of removal stipulated to by the alien 20 (or the alien's representative) and the Service. An immi21 gration judge may enter a stipulated removal order only 22 upon a finding at an in-person hearing that the stipulation 23 is voluntary, knowing and intelligent. A stipulated order 24 shall constitute a conclusive determination of the alien's 25 removability from the United States.''. EAS13500 S.L.C. 655 1 SEC. 3718. SANCTIONS FOR COUNTRIES THAT DELAY OR 2 PREVENT REPATRIATION OF THEIR NATION- 3 ALS. 4 Section 243(d) (8 U.S.C. 1253(d)) is amended to 5 read as follows: 6 7 ''(d) DISCONTINUING GRANTING VISAS ALS OF COUNTRIES THAT DENY OR TO NATION- DELAY ACCEPTING 8 ALIENS.--Notwithstanding section 221(c), if the Sec9 retary of Homeland Security determines, in consultation 10 with the Secretary of State, that the government of a for11 eign country denies or unreasonably delays accepting 12 aliens who are citizens, subjects, nationals, or residents 13 of that country after the Secretary asks whether the gov14 ernment will accept an alien under this section, or after 15 a determination that the alien is inadmissible under para16 graph (6) or (7) of section 212(a), the Secretary of State 17 shall order consular officers in that foreign country to dis18 continue granting visas, or classes of visas until the Sec19 retary of Homeland Security notifies the Secretary of 20 State that the country has accepted the aliens.''. 21 22 SEC. 3719. GROSS VIOLATIONS OF HUMAN RIGHTS. (a) INADMISSIBILITY OF CERTAIN ALIENS.--Section 23 212(a)(3)(E)(iii) of the Immigration and Nationality Act 24 (8 U.S.C. 1182(a)(3)(E)(iii)) is amended to read as fol25 lows: EAS13500 S.L.C. 656 1 ''(iii) COMMISSION OF ACTS OF TOR- 2 TURE, 3 CRIMES, OR WIDESPREAD OR SYSTEMATIC 4 ATTACKS ON CIVILIANS.--Any 5 planned, ordered, assisted, aided and abet- 6 ted, committed, or otherwise participated, 7 including through command responsibility, 8 in the commission of-- EXTRAJUDICIAL KILLINGS, WAR alien who 9 ''(I) any act of torture (as de- 10 fined in section 2340 of title 18, 11 United States Code); 12 ''(II) any extrajudicial killing (as 13 defined in section 3(a) of the Torture 14 Victim Protection Act of 1991 (28 15 U.S.C. 1350 note)) under color of law 16 of any foreign nation; 17 ''(III) a war crime (as defined in 18 section 2441 of title 18, United States 19 Code); or 20 ''(IV) a widespread or systematic 21 attack directed against a civilian pop- 22 ulation, with knowledge of the attack, 23 murder, extermination, enslavement, 24 forcible transfer of population, arbi- 25 trary detention, rape, sexual slavery, EAS13500 S.L.C. 657 1 enforced prostitution, forced preg- 2 nancy, enforced sterilization, or any 3 other form of sexual violence of com- 4 parable gravity; 5 ''(V) persecution on political ra- 6 cial, national, ethnic, cultural, reli- 7 gious, or gender grounds; ''(VI) enforced disappearance of 8 persons; or 9 10 ''(VII) other inhumane acts of a 11 similar character intentionally causing 12 great suffering or serious bodily or 13 mental injury, is in admissible.''. 14 15 16 (b) NONAPPLICABILITY QUIREMENT WITH RESPECT OF TO CONFIDENTIALITY REVISA RECORDS.--The 17 President may make public, without regard to the require18 ments under section 222(f) of the Immigration and Na19 tionality Act (8 U.S.C. 1202(f)), with respect to confiden20 tiality of records pertaining to the issuance or refusal of 21 visas or permits to enter the United States, the names 22 of aliens deemed inadmissible on the basis of section 23 212(a)(3)(E)(iii) of the Immigration and Nationality Act, 24 as amended by subsection (a). EAS13500 S.L.C. 658 4 TITLE IV--REFORMS TO NONIMMIGRANT VISA PROGRAMS Subtitle A--Employment-based Nonimmigrant Visas 5 SEC. 4101. MARKET-BASED H-1B VISA LIMITS. 1 2 3 6 (a) IN GENERAL.--Section 214(g) (8 U.S.C. 7 1184(g)) is amended-- 8 (1) in paragraph (1)-- 9 (A) in the matter preceding subparagraph 10 (A), by striking ''(beginning with fiscal year 11 1992)''; and 12 13 14 15 (B) by amending subparagraph (A) to read as follows: ''(A) under section 101(a)(15)(H)(i)(b) may not exceed-- 16 ''(i) 110,000 for the first fiscal year 17 beginning after the date of the enactment 18 the Border Security, Economic Oppor- 19 tunity, and Immigration Modernization 20 Act; and 21 ''(ii) the number calculated under 22 paragraph (9) for succeeding fiscal year; 23 or''; 24 25 (2) by redesignating paragraph (10) as subparagraph (D) of paragraph (9); EAS13500 S.L.C. 659 1 2 3 (3) by redesignating paragraph (9) as paragraph (10); and (4) by inserting after paragraph (8) the fol- 4 lowing: 5 ''(9)(A) Except as provided in subparagraphs (B) 6 and (C), the allocation of nonimmigrant visas under sec7 tion 101(a)(15)(H)(i)(b) for each fiscal year after the first 8 fiscal year beginning after the date of the enactment of 9 the Border Security, Economic Opportunity, and Immi10 gration Modernization Act shall be equal to the sum of-- 11 ''(i) the allocation of such visas for the most re- 12 cently completed fiscal year; and 13 ''(ii) the product of-- 14 ''(I) the allocation of such visas for the 15 most recently completed fiscal year; multiplied 16 by 17 ''(II) the High Skilled Jobs Demand Index 18 for such fiscal year calculated under subpara- 19 graph (C). 20 ''(B)(i) The number of visas calculated under sub- 21 paragraph (A) for any fiscal year shall not be less than 22 110,000 or more than 180,000. 23 ''(ii) The number of visas calculated under subpara- 24 graph (A) for any fiscal year may not be more than 10,000 EAS13500 S.L.C. 660 1 more than, or less than 10,000 less than, the allocation 2 of such visas for the previous fiscal year. 3 ''(C) The High Skilled Jobs Demand Index calculated 4 under this subparagraph for a fiscal year is the percentage 5 equal to the sum of-- 6 ''(i) 1/2 of a fraction-- ''(I) the numerator of which is the number 7 8 of nonimmigrant visas under section 9 101(a)(15)(H)(i)(b) petitioned for during the 10 previous fiscal year minus the numerical limita- 11 tion of such visas determined under paragraph 12 (1) for the previous fiscal year; and 13 ''(II) the denominator of which is the nu- 14 merical limitation of such visas determined 15 under paragraph (1) for the previous fiscal 16 year; and 17 ''(ii) 1/2 of a fraction-- 18 ''(I) the numerator of which is the average 19 number of specified unemployed persons for the 20 previous fiscal year minus the average number 21 of specified unemployed persons for such fiscal 22 year; and 23 ''(II) the denominator of which is the aver- 24 age number of specified unemployed persons for 25 such fiscal year. EAS13500 S.L.C. 661 1 ''(D) If the actual number of visas under section 2 101(a)(15)(H)(i)(b) applied for during a previous fiscal 3 year is not available at the time the Secretary determines 4 the numerical limitation under subparagraph (C) for the 5 following fiscal year, the Secretary may estimate such 6 number based on a statistical extrapolation of the number 7 of applications for such visas received at the time such 8 estimate is made. 9 ''(E) For purposes of subparagraph (C), the term 10 'specified unemployed persons' means, with respect to any 11 fiscal year, the number of unemployed persons in the 12 'management, professional, and related occupations' cat13 egory of the employment report released by the Bureau 14 of Labor Statistics.''. 15 16 (b) INCREASE IN IMMIGRANTS.--Section ALLOCATION FOR 214(g)(5)(C) STEM NON(8 U.S.C. 17 1184(g)(5)(C)) is amended to read as follows: 18 ''(C) has earned a master's or higher, in a field 19 of science, technology, engineering, or math included 20 in the Department of Education's Classification of 21 Instructional Programs taxonomy within the sum- 22 mary groups of computer and information sciences 23 and support services, engineering, mathematics and 24 statistics, and physical sciences, from a United 25 States institution of higher education (as defined in EAS13500 S.L.C. 662 1 section 101(a) of the Higher Education Act of 1965 2 (20 U.S.C. 1001(a)) until the number of aliens who 3 are exempted from such numerical limitation during 4 such year exceed 25,000.''. 5 (c) PUBLICATION.-- 6 (1) DATA SUMMARIZING PETITIONS.--The Sec- 7 retary shall timely upload to a public website data 8 that summarizes the adjudication of nonimmigrant 9 petitions under section 101(a)(15)(H)(i)(b) of the 10 Immigration 11 1101(a)(15)(H)(i)(b)) during each fiscal year. 12 and (2) ANNUAL Nationality Act (8 U.S.C. NUMERICAL LIMITATION.--As soon 13 as practicable and no later than March 2 of each fis- 14 cal year, the Secretary shall publish in the Federal 15 Register the numerical limitation determined under 16 section 214(g)(1)(A) for such fiscal year. 17 (d) EFFECTIVE DATE AND APPLICATION.--The 18 amendments made by subsection (a) shall take effect on 19 the first day of the first fiscal year beginning after the 20 date of the enactment of this Act and apply to applications 21 for nonimmigrant visas under section 101(a)(15)(H)(i)(b) 22 of the Immigration and Nationality Act (8 U.S.C. 23 1101(a)(15)(H)(i)(b)) for such fiscal year. EAS13500 S.L.C. 663 1 SEC. 4102. EMPLOYMENT AUTHORIZATION FOR DEPEND- 2 ENTS 3 IMMIGRANTS. 4 OF EMPLOYMENT-BASED NON- Section 214(c) (8 U.S.C. 1184(c)) is amended-- 5 (1) by striking ''Attorney General'' each place 6 such term appears and inserting ''Secretary of 7 Homeland Security''; and 8 9 10 (2) in paragraph (2), by amending subparagraph (E) to read as follows: ''(E)(i) In the case of an alien spouse admitted under 11 section 101(a)(15)(L), who is accompanying or following 12 to join a principal alien admitted under such section, the 13 Secretary of Homeland Security shall-- 14 15 ''(I) authorize the alien spouse to engage in employment in the United States; and 16 ''(II) provide the spouse with an 'employment 17 authorized' endorsement or other appropriate work 18 permit. 19 ''(ii) In the case of an alien spouse admitted under 20 section 101(a)(15)(H)(i), who is accompanying or fol21 lowing to join a principal alien admitted under such sec22 tion, the Secretary of Homeland Security shall-- 23 ''(I) authorize the alien spouse to engage in em- 24 ployment in the United States only if such spouse is 25 a national of a foreign country that permits recip- 26 rocal employment; and EAS13500 S.L.C. 664 1 ''(II) provide such a spouse with an 'employ- 2 ment authorized' endorsement or other appropriate 3 work permit, if appropriate. 4 ''(iii)(I) In clause (ii), the term 'foreign country that 5 permits reciprocal employment' means a foreign country 6 that permits a spouse who is a national of the United 7 States and is accompanying or following to join the em8 ployment-based nonimmigrant husband or wife of such 9 spouse to be employed in such foreign country based on 10 that status. 11 ''(II) In subclause (I), the term 'employment-based 12 nonimmigrant' means an individual who is admitted to a 13 foreign country to perform employment similar to the em14 ployment described in section 101(a)(15)(H)(i)(b).''. 15 16 17 SEC. 4103. ELIMINATING IMPEDIMENTS TO WORKER MOBILITY. (a) DEFERENCE TO PRIOR APPROVALS.--Section 18 214(c) (8 U.S.C. 1184(c)), as amended by section 4102, 19 is further amended by adding at the end the following: 20 ''(15) Subject to paragraph (2)(D) and subsection (g) 21 and section 104(c) and subsections (a) and (b) of section 22 106 of the American Competitiveness in the Twenty-first 23 Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1184 24 note), the Secretary of Homeland Security shall give def25 erence to a prior approval of a petition in reviewing a peti- EAS13500 S.L.C. 665 1 tion to extend the status of a nonimmigrant admitted 2 under subparagraph (H)(i)(b) or (L) of section 101(a)(15) 3 if the petition involves the same alien and petitioner unless 4 the Secretary determines that-- 5 6 7 8 ''(A) there was a material error with regard to the previous petition approval; ''(B) a substantial change in circumstances has taken place; 9 ''(C) new material information has been discov- 10 ered that adversely impacts the eligibility of the em- 11 ployer or the nonimmigrant; or 12 ''(D) in the Secretary's discretion, such exten- 13 sion should not be approved.''. 14 (b) EFFECT OF EMPLOYMENT TERMINATION.--Sec- 15 tion 214(n) (8 U.S.C. 1184(n)) is amended by adding at 16 the end the following: 17 ''(3) A nonimmigrant admitted under section 18 101(a)(15)(H)(i)(b) whose employment relationship termi19 nates before the expiration of the nonimmigrant's period 20 of authorized admission shall be deemed to have retained 21 such legal status throughout the entire 60-day period be22 ginning on the date such employment is terminated. A 23 nonimmigrant who files a petition to extend, change, or 24 adjust their status at any point during such period shall EAS13500 S.L.C. 666 1 be deemed to have lawful status under section 2 101(a)(15)(H)(i)(b) while that petition is pending.''. 3 (c) VISA REVALIDATION.--Section 222(c) (8 U.S.C. 4 1202(c)) is amended-- (1) by inserting ''(1)'' before ''Every alien''; 5 6 7 8 and (2) by adding at the end the following: ''(2) The Secretary of State may, at the Secretary's 9 discretion, renew in the United States the visa of an alien 10 admitted under subparagraph (A), (E), (G), (H), (I), (L), 11 (N), (O), (P), (R), or (W) section 101(a)(15) if the alien 12 has remained eligible for such status and qualifies for a 13 waiver of interview as provided for in subsection 14 (h)(1)(D).''. 15 16 (d) INTERVIEW WAIVERS PLICANTS.--Section FOR LOW RISK VISA AP- 222(h)(1) (8 U.S.C. 1202(h)(1)) is 17 amended-- 18 19 20 21 22 (1) in subparagraph (B)(iv), by striking ''or'' at the end; (2) in subparagraph (C)(ii), by striking ''and'' at the end and inserting ''or''; and (3) by adding at the end the following: 23 ''(D) by the Secretary of State, in con- 24 sultation with the Secretary of Homeland Secu- 25 rity, for such aliens or classes of aliens-- EAS13500 S.L.C. 667 ''(i) that the Secretary determines 1 generally represent a low security risk; 2 3 ''(ii) for which an in-person interview 4 would not add material benefit to the adju- 5 dication process; 6 ''(iii) unless the Secretary of State, 7 after a review of all standard database and 8 biometric checks, the visa application, and 9 other supporting documents, determines 10 that an interview is unlikely to reveal de- 11 rogatory information; and 12 ''(iv) except that in every case, the 13 Secretary of State retains the right to re- 14 quire an applicant to appear for an inter- 15 view; and''. 16 17 SEC. 4104. STEM EDUCATION AND TRAINING. (a) FEE.--Section 212(a)(5)(A) (8 U.S.C. 18 1182(a)(5)(A)) is amended by adding at the end the fol19 lowing: 20 ''(v) FEE.--An employer shall submit, 21 along with an application for a certification 22 under this subparagraph, a fee of $500 23 which shall be deposited in the STEM 24 Education and Training Account estab- 25 lished by section 286(s).''. EAS13500 S.L.C. 668 1 (b) USE OF FEE.--Section 286(s) (8 U.S.C. 1356(s)) 2 is amended to read as follows: 3 4 ''(s) STEM EDUCATION ''(1) IN AND TRAINING ACCOUNT.-- GENERAL.--There is established in the 5 general fund of the Treasury a separate account, 6 which shall be known as the 'STEM Education and 7 Training Account'. Notwithstanding any other sec- 8 tion of this title, there shall be deposited as offset- 9 ting receipts into the account all fees collected under 10 section 212(a)(5)(A)(v). 11 ''(2) LOW-INCOME STEM SCHOLARSHIP PRO- 12 GRAM.--Sixty 13 the STEM Education and Training Account shall 14 remain available to the Director of the National 15 Science Foundation until expended for scholarships 16 described in section 414(d) of the American Com- 17 petitiveness and Workforce Improvement Act of 18 1998 (42 U.S.C. 1869c) for low-income students en- 19 rolled in a program of study leading to a degree in 20 science, technology, engineering, or mathematics. 21 percent of the amounts deposited into ''(3) NATIONAL 22 PETITIVE 23 TECHNOLOGY, 24 EDUCATION.-- GRANT SCIENCE FOUNDATION COM- PROGRAM ENGINEERING FOR AND K-12 SCIENCE, MATHEMATICS EAS13500 S.L.C. 669 1 ''(A) IN GENERAL.--Fifteen percent of the 2 amounts deposited into the STEM Education 3 and Training Account shall remain available to 4 the Director of the National Science Founda- 5 tion until expended to carry out a direct or 6 matching grant program to support improve- 7 ment in K-12 education, including through pri- 8 vate-public partnerships. 9 ''(B) TYPES OF PROGRAMS COVERED.-- 10 The Director shall award grants to such pro- 11 grams, including those which support the devel- 12 opment and implementation of standards-based 13 instructional materials models and related stu- 14 dent assessments that enable K-12 students to 15 acquire an understanding of science, technology, 16 engineering, and mathematics, as well as to de- 17 velop critical thinking skills; provide systemic 18 improvement in training K-12 teachers and 19 education for students in science, technology, 20 engineering, and mathematics, including by 21 supporting efforts to promote gender-equality 22 among students receiving such instruction; sup- 23 port the professional development of K-12 24 science, technology, engineering and mathe- 25 matics teachers in the use of technology in the EAS13500 S.L.C. 670 1 classroom; stimulate system-wide K-12 reform 2 of science, technology, engineering, and mathe- 3 matics in rural, economically disadvantaged re- 4 gions of the United States; provide externships 5 and other opportunities for students to increase 6 their appreciation and understanding of science, 7 technology, engineering, and mathematics (in- 8 cluding summer institutes sponsored by an in- 9 stitution of higher education for students in 10 grades 7-12 that provide instruction in such 11 fields); involve partnerships of industry, edu- 12 cational institutions, and community organiza- 13 tions to address the educational needs of dis- 14 advantaged communities; provide college pre- 15 paratory support to expose and prepare stu- 16 dents for careers in science, technology, engi- 17 neering, and mathematics; and provide for car- 18 rying out systemic reform activities under sec- 19 tion 3(a)(1) of the National Science Foundation 20 Act of 1950 (42 U.S.C. 1862(a)(1)). 21 ''(4) STEM CAPACITY BUILDING AT MINORITY- 22 SERVING INSTITUTIONS.-- 23 ''(A) IN GENERAL.--Twelve percent of the 24 amounts deposited into the STEM Education 25 and Training Account shall remain available to EAS13500 S.L.C. 671 1 the Director of the National Science Founda- 2 tion until expended to establish or expand pro- 3 grams to award grants on a competitive, merit- 4 reviewed basis to enhance the quality of under- 5 graduate science, technology, engineering, and 6 mathematics education at minority-serving in- 7 stitutions of higher education and to increase 8 the retention and graduation rates of students 9 pursuing degrees in such fields at such institu- 10 11 tions. ''(B) TYPES OF PROGRAMS COVERED.-- 12 Grants awarded under this paragraph shall be 13 awarded to-- 14 15 ''(i) minority-serving institutions of higher education for-- 16 ''(I) activities to improve courses 17 and curriculum in science, technology, 18 engineering, and mathematics; 19 ''(II) efforts to promote gender 20 equality among students enrolled in 21 such courses; 22 ''(III) faculty development; 23 ''(IV) stipends for undergraduate 24 students participating in research; 25 and EAS13500 S.L.C. 672 1 ''(V) other activities consistent 2 with subparagraph (A), as determined 3 by the Director; and 4 ''(ii) to other institutions of higher 5 education to partner with the institutions 6 described in clause (i) for-- ''(I) faculty and student develop- 7 8 ment and exchange; ''(II) research infrastructure de- 9 10 velopment; ''(III) joint research projects; 11 12 and 13 ''(IV) identification and develop- 14 ment of minority and low-income can- 15 didates 16 science, technology, engineering and 17 mathematics degree programs. 18 for graduate ''(C) INSTITUTIONS studies INCLUDED.--In in this 19 paragraph, the term 'minority-serving institu- 20 tions of higher education' shall include-- 21 ''(i) colleges eligible to receive funds 22 under the Act of August 30, 1890 (7 23 U.S.C. 321-326a and 328), including 24 Tuskegee University; EAS13500 S.L.C. 673 1 ''(ii) 1994 Institutions, as defined in 2 section 532 of the Equity in Educational 3 Land-Grant Status Act of 1994 (7 U.S.C. 4 301 note); and 5 ''(iii) Hispanic-serving institutions, as 6 defined in section 502(a)(5) of the Higher 7 Education 8 1101a(a)(5)). 9 ''(5) STEM Act of 1965 (20 JOB TRAINING.--Ten U.S.C. percent of 10 amounts deposited into the STEM Education and 11 Training Account shall remain available to the Sec- 12 retary of Labor until expended for-- 13 ''(A) demonstration programs and projects 14 described in section 414(c) of the American 15 Competitiveness and Workforce Improvement 16 Act of 1998; and 17 ''(B) training programs in the fields of 18 science, technology, engineering, and mathe- 19 matics for persons who have served honorably 20 in the Armed Forces of the United States and 21 have retired or are retiring from such service. 22 ''(6) USE OF FEES FOR DUTIES RELATING TO 23 PETITIONS.--One and one-half percent of the 24 amounts deposited into the STEM Education and 25 Training Account shall remain available to the Sec- EAS13500 S.L.C. 674 1 retary of Homeland Security until expended to carry 2 out duties under paragraphs (1) (E) or (F) of sec- 3 tion 204(a) (related to petitions for immigrants de- 4 scribed in section 203(b)) and under paragraphs (1) 5 and (9) of section 214(c) (related to petitions made 6 for 7 101(a)(15)(H)(i)(b)). 8 9 nonimmigrants ''(7) USE described in section OF FEES FOR APPLICATION PROC- ESSING AND ENFORCEMENT.--One and one-half per- 10 cent of the amounts deposited into the STEM Edu- 11 cation and Training Account shall remain available 12 to the Secretary of Labor until expended for de- 13 creasing the processing time for applications under 14 section 212(a)(5)(A) and section 212(n)(1).''. 16 Subtitle B--H-1B Visa Fraud and Abuse Protections 17 CHAPTER 1--H-1B EMPLOYER 18 APPLICATION REQUIREMENTS 19 SEC. 4211. MODIFICATION OF APPLICATION REQUIRE- 15 20 21 22 23 24 25 MENTS. (a) GENERAL APPLICATION REQUIREMENTS.-- (1) WAGE RATES.-- (A) IN GENERAL.--Section 212(n)(1)(A) (8 U.S.C. 1182(n)(1)(A)) is amended-- (i) clause (i)-- EAS13500 S.L.C. 675 1 (I) in the matter preceding sub- 2 clause (I), by inserting ''if the em- 3 ployer is not an H-1B-dependent em- 4 ployer,'' before ''is offering''; 5 (II) in subclause (I), by striking 6 ''question, or'' and inserting ''ques- 7 tion; or''; 8 (III) in subclause (II), by strik- 9 ing ''employment,'' and inserting ''em- 10 ployment;'' and 11 (IV) in the undesignated material 12 following subclause (II), by striking 13 ''application, and'' and inserting ''ap- 14 plication;''; and 15 (ii) by striking clause (ii) and insert- 16 ing the following: 17 ''(ii) if the employer is an H-1B-dependent 18 employer, is offering and will offer to H-1B 19 nonimmigrants, during the period of authorized 20 employment for each H-1B nonimmigrant, 21 wages that are not less than the level 2 wages 22 set out in subsection (p); and 23 ''(iii) will provide working conditions for 24 H-1B nonimmigrants that will not adversely af- EAS13500 S.L.C. 676 1 fect the working conditions of other workers 2 similarly employed.''. 3 (2) STRENGTHENING 4 5 THE PREVAILING WAGE SYSTEM.-- (A) IN GENERAL.--Section 212(p) (8 6 U.S.C. 1182(p)) is amended to read as follows: 7 ''(p) COMPUTATION OF PREVAILING WAGE LEVEL.-- 8 9 ''(1) IN GENERAL.-- ''(A) SURVEYS.--For employers of non- 10 immigrants admitted pursuant to section 11 101(a)(15)(H)(i)(b), the Secretary of Labor 12 shall make available to employers a govern- 13 mental survey to determine the prevailing wage 14 for each occupational classification by metro- 15 politan statistical area in the United States. 16 Such survey, or other survey approved by the 17 Secretary of Labor, shall provide 3 levels of 18 wages commensurate with experience, edu- 19 cation, and level of supervision. Such wage lev- 20 els shall be determined as follows: 21 ''(i) The first level shall be the mean 22 of the lowest two-thirds of wages surveyed, 23 but in no case less than 80 percent of the 24 mean of the wages surveyed. EAS13500 S.L.C. 677 ''(ii) The second level shall be the 1 2 mean of wages surveyed. 3 ''(iii) The third level shall be the 4 mean of the highest two-thirds of wages 5 surveyed. 6 ''(B) EDUCATIONAL, NONPROFIT, RE- 7 SEARCH, AND GOVERNMENTAL ENTITIES.--In 8 computing the prevailing wage level for an occu- 9 pational classification in an area of employment 10 for purposes of section 203(b)(1)(D) and sub- 11 sections 12 (t)(1)(A)(i)(II) of this section in the case of an 13 employee of-- (a)(5)(A), (n)(1)(A)(i)(II), and 14 ''(i) an institution of higher education, 15 or a related or affiliated nonprofit entity; 16 or 17 18 ''(ii) a nonprofit research organization or a governmental research organization; 19 the prevailing wage level shall only take into ac- 20 count employees at such institutions and orga- 21 nizations in the area of employment. 22 ''(2) PAYMENT OF PREVAILING WAGE.--The 23 prevailing wage level required to be paid pursuant to 24 section 203(b)(1)(D) and subsections (a)(5)(A), 25 (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) of this section EAS13500 S.L.C. 678 1 shall be 100 percent of the wage level determined 2 pursuant to those sections. 3 ''(3) PROFESSIONAL ATHLETE.--With respect 4 to a professional athlete (as defined in subsection 5 (a)(5)(A)(iii)(II)) when the job opportunity is cov- 6 ered by professional sports league rules or regula- 7 tions, the wage set forth in those rules or regula- 8 tions shall be considered as not adversely affecting 9 the wages of United States workers similarly em- 10 ployed and be considered the prevailing wage. 11 ''(4) WAGES 12 ''(A) IN FOR H-2B EMPLOYEES.-- GENERAL.--The wages paid to H- 13 2B nonimmigrants employed by the employer 14 will be the greater of-- 15 ''(i) the actual wage level paid by the 16 employer to other employees with similar 17 experience and qualifications for such posi- 18 tion; or 19 ''(ii) the prevailing wage level for the 20 occupational classification of the position 21 in the geographic area of the employment, 22 based on the best information available as 23 of the time of filing the application. 24 ''(B) BEST 25 INFORMATION AVAILABLE.--In subparagraph (A), the term 'best information EAS13500 S.L.C. 679 1 available', with respect to determining the pre- 2 vailing wage for a position, means-- 3 ''(i) a controlling collective bargaining 4 agreement or Federal contract wage, if ap- 5 plicable; 6 ''(ii) if there is no applicable wage 7 under clause (i), the wage level commensu- 8 rate with the experience, training, and su- 9 pervision required for the job based on Bureau of Labor Statistics data; or 10 11 ''(iii) if the data referred to in clause 12 (ii) is not available, a legitimate and recent 13 private survey of the wages paid for such 14 positions in the metropolitan statistical 15 area.''. 16 (3) WAGES FOR EDUCATIONAL, NONPROFIT, 17 RESEARCH, AND GOVERNMENTAL ENTITIES.--Sec- 18 tion 212 is amended by adding at the end the fol- 19 lowing: 20 ''(v) DETERMINATION OF PREVAILING WAGE.--In 21 the case of a nonprofit institution of higher education (as 22 defined in section 101(a) of the Higher Education Act of 23 1965 (20 U.S.C. 1001(a)), a related or affiliated nonprofit 24 entity, a nonprofit research organization, or a Govern- EAS13500 S.L.C. 680 1 mental research organization, the Secretary of Labor shall 2 determine such wage levels as follows: 3 ''(1) If the Secretary of Labor uses, or makes 4 available to employers, a governmental survey to de- 5 termine the prevailing wage, such survey shall pro- 6 vide at least 4 levels of wages commensurate with 7 experience, education, and the level of supervision. 8 ''(2) If an existing government survey has only 9 2 levels, 2 intermediate levels may be created by di- 10 viding by 3, the difference between the 2 levels of- 11 fered, adding the quotient thus obtained to the first 12 level and subtracting that quotient from the second 13 level . 14 ''(3) For institutions of higher education, only 15 teaching positions and research positions may be 16 paid using this special educational wage level.''. 17 (b) INTERNET POSTING REQUIREMENT.--Section 18 212(n)(1)(C) (8 U.S.C. 1182(n)(1)(C)) is amended-- (1) by redesignating clause (ii) as subclause 19 20 21 22 23 24 25 (II); (2) by striking ''(i) has provided'' and inserting the following: ''(ii)(I) has provided''; and (3) by striking ''sought, or'' and inserting ''sought; or''; EAS13500 S.L.C. 681 1 2 (4) by inserting before clause (ii), as redesignated by paragraph (2), the following: 3 ''(i) has advertised on the Internet website 4 maintained by the Secretary of Labor for the 5 purpose of such advertising, for at least 30 cal- 6 endar days, a detailed description of each posi- 7 tion for which a nonimmigrant is sought that 8 includes a description of-- ''(I) the wage ranges and other terms 9 and conditions of employment; 10 11 ''(II) the minimum education, train- 12 ing, experience, and other requirements for 13 the position; and ''(III) the process for applying for the 14 position; and''. 15 16 17 (c) APPLICATION OF REQUIREMENTS TO ALL EM- PLOYERS.-- 18 (1) NONDISPLACEMENT.--Section 212(n)(1)(E) 19 (8 U.S.C. 1182(n)(1)(E)) is amended to read as fol- 20 lows: 21 ''(E)(i)(I) Subject to subclause (II), in the case 22 of an application filed by an employer that is not an 23 H-1B-dependent employer, the employer did not dis- 24 place and will not displace a United States worker 25 (as defined in paragraph (4)) employed by the em- EAS13500 S.L.C. 682 1 ployer within the period beginning 90 days before 2 and ending 90 days after the date of filing of any 3 visa petition supported by the application. 4 ''(II) An employer who is not an H-1B-depend- 5 ent employer shall not be subject to clause (i) if the 6 number of United States workers employed by such 7 employer in the same job zone as the H-1B non- 8 immigrant has not decreased during the 1-year pe- 9 riod ending on the date of the labor condition appli- 10 cation filed by the employer. 11 ''(ii)(I) In the case of an application filed by an 12 H-1B-dependent employer, the employer did not dis- 13 place and will not displace a United States worker 14 (as defined in paragraph (4)) employed by the em- 15 ployer within the period beginning 180 days before 16 and ending 180 days after the date of the filing of 17 any visa petition supported by the application. 18 ''(II) An application described in this clause is 19 an application filed on or after the date final regula- 20 tions are first promulgated to carry out this sub- 21 paragraph, and before by an H-1B-dependent em- 22 ployer (as defined in paragraph (3)) or by an em- 23 ployer that has been found, on or after the date of 24 the enactment of the American Competitiveness and 25 Workforce Improvement Act of 1998, under para- EAS13500 S.L.C. 683 1 graph (2)(C) or (5) to have committed a willful fail- 2 ure or misrepresentation during the 5-year period 3 preceding the filing of the application. 4 5 ''(iii) In this subparagraph, the term' job zone' means a zone assigned to an occupation by-- 6 ''(I) the Occupational Information Network 7 Database (O*NET) on the date of the enact- 8 ment of this Act; or 9 ''(II) such Database or a similar successor 10 database, as designated by the Secretary of 11 Labor, after the date of the enactment of this 12 Act.''. 13 (2) RECRUITMENT.--Section 212(n)(1)(G) (8 14 U.S.C. 1182(n)(1)(G)) is amended to read as fol- 15 lows: 16 17 ''(G) An employer, prior to filing the application-- 18 ''(i) has advertised the job on an Internet 19 website maintained by the Secretary of Labor 20 for the purpose of such advertising; 21 ''(ii) has offered the job to any United 22 States worker who applies and is equally or bet- 23 ter qualified for the job for which the non- 24 immigrant or nonimmigrants is or are sought; 25 and EAS13500 S.L.C. 684 1 ''(iii) if the employer is an H-1B-depend- 2 ent employer, has taken good faith steps to re- 3 cruit, in the United States using procedures 4 that meet industry-wide standards and offering 5 compensation that is at least as great as that 6 required to be offered to H-1B nonimmigrants 7 under subparagraph (A), United States workers 8 for the job for which the nonimmigrant or non- 9 immigrants is or are sought.''. 10 (d) OUTPLACEMENT.--Section 212(n)(1)(F) (8 11 U.S.C. 1182(n)(1)(F)) is amended to read as follows: 12 ''(F)(i) An H-1B-dependent employer may 13 not place, outsource, lease, or otherwise con- 14 tract for the services or placement of an H-1B 15 nonimmigrant employee. 16 ''(ii) An employer that is not an H-1B-de- 17 pendent employer and not described in para- 18 graph (3)(A)(i) may not place, outsource, lease, 19 or otherwise contract for the services or place- 20 ment of an H-1B nonimmigrant employee un- 21 less the employer pays a fee of $500. 22 ''(iii) A fee collected under clause (ii) shall 23 be deposited in the Comprehensive Immigration 24 Reform Trust Fund established under section 6 EAS13500 S.L.C. 685 1 of the Border Security, Economic Opportunity, 2 and Immigration Modernization Act.''. 3 (e) H-1B-DEPENDENT EMPLOYER DEFINED.--Sec- 4 tion 212(n)(3) (8 U.S.C. 1182(n)(3)) is amended to read 5 as follows: 6 ''(3)(A) For purposes of complying with the require- 7 ments related to outplacement of an employee, the term 8 'H-1B-dependent employer' means an employer that-- 9 ''(i) is not a nonprofit institution of higher edu- 10 cation, a nonprofit research organization, or an em- 11 ployer whose primary line of business is healthcare 12 and who is petitioning for a physician, a nurse, or 13 physical therapist or a substantially equivalent 14 healthcare occupation; and 15 ''(ii)(I) in the case of an employer that has 25 16 or fewer full-time equivalent employees who are em- 17 ployed in the United States, employs more than 7 18 H-1B nonimmigrants; 19 ''(II) in the case of an employer that has at 20 least 26 but not more than 50 full-time equivalent 21 employees who are employed in the United States, 22 employs more than 12 H-1B nonimmigrant; or 23 ''(III) in the case of an employer that has at 24 least 51 full-time equivalent employees who are em- 25 ployed in the United States, employs H-1B non- EAS13500 S.L.C. 686 1 immigrants in a number that is equal to at least 15 2 percent of the number of such full-time equivalent 3 employees. 4 ''(B) In determining the number of employees who 5 are H-1B nonimmigrants under subparagraph (A)(ii), an 6 intending immigrant employee shall not count toward such 7 number''. 8 (f) INTENDING IMMIGRANTS DEFINED.--Section 9 101(a) (8 U.S.C. 1101(a)) is amended by adding at the 10 end the following: 11 ''(53)(A) The term 'intending immigrant' 12 means, with respect to the number of aliens em- 13 ployed by an employer, an alien who intends to work 14 and reside permanently in the United States, as evi- 15 denced by-- 16 ''(i) for a covered employer, an approved 17 application for a labor certification or an appli- 18 cation that has been pending for longer than 1 19 year; or 20 ''(ii) a pending or approved immigrant sta- 21 tus petition filed for such alien. 22 ''(B) In this paragraph: 23 ''(i) The term 'covered employer' means an 24 employer of an alien that, during the 1-year pe- 25 riod ending on the date the employer files an EAS13500 S.L.C. 687 1 application for the labor certification for such 2 alien, has filed an immigrant status petition for 3 not less than 90 percent of the aliens for whom 4 the employer filed an application for a labor 5 certification during such period. Labor certifi- 6 cation applications that have been pending for 7 longer than 1 year may be treated for this cal- 8 culation as if the employer filed an immigrant 9 status petition 10 ''(ii) The term 'labor certification' means 11 an employment certification under section 12 212(a)(5)(A). 13 ''(iii) The term 'immigrant status petition' 14 means a petition filed under paragraph (1), (2), 15 or (3) of section 203(b). 16 ''(C) Notwithstanding any other provision of 17 law, for all-- 18 ''(i) calculations under this Act of the 19 number of aliens admitted pursuant to subpara- 20 graph (H)(i)(b) or (L) of paragraph (15) an in- 21 tending immigrant shall be counted as an alien 22 lawfully admitted for permanent residence and 23 shall not be counted as an employee admitted 24 pursuant to such a subparagraph; and EAS13500 S.L.C. 688 1 ''(ii) determinations of the number of em- 2 ployees or United States workers employed by 3 an employer, all of the employees in any group 4 treated as a single employer under subsection 5 (b), (c), (m), or (o) of section 414 of the Inter- 6 nal Revenue Code of 1986 shall be counted.''. 7 SEC. 4212. REQUIREMENTS FOR ADMISSION OF NON- 8 IMMIGRANT NURSES IN HEALTH PROFES- 9 SIONAL SHORTAGE AREAS. 10 11 (a) EXTENSION SION.--Section OF PERIOD OF AUTHORIZED ADMIS- 212(m)(3) (8 U.S.C. 1182(m)(3)) is 12 amended to read as follows: 13 ''(3) The initial period of authorized admission as a 14 nonimmigrant under section 101(a)(15)(H)(i)(c) shall be 15 3 years, and may be extended once for an additional 316 year period.''. 17 (b) NUMBER OF VISAS.--Section 212(m)(4) (8 18 U.S.C. 1182(m)(4)) is amended by striking ''500.'' and 19 inserting ''300.''. 20 (c) PORTABILITY.--Section 214(n) (8 U.S.C. 21 1184(n)), as amended by section 4103(b), is further 22 amended by adding at the end the following: 23 ''(4)(A) A nonimmigrant alien described in subpara- 24 graph (B) who was previously issued a visa or otherwise 25 provided nonimmigrant status under section EAS13500 S.L.C. 689 1 101(a)(15)(H)(i)(c) is authorized to accept new employ2 ment performing services as a registered nurse for a facil3 ity described in section 212(m)(6) upon the filing by the 4 prospective employer of a new petition on behalf of such 5 nonimmigrant as provided under subsection (c). Employ6 ment authorization shall continue for such alien until the 7 new petition is adjudicated. If the new petition is denied, 8 such authorization shall cease. 9 ''(B) A nonimmigrant alien described in this para- 10 graph is a nonimmigrant alien-- ''(i) who has been lawfully admitted into the 11 12 United States; 13 ''(ii) on whose behalf an employer has filed a 14 nonfrivolous petition for new employment before the 15 date of expiration of the period of stay authorized by 16 the Secretary of Homeland Security, except that, if 17 a 18 101(a)(15)(H)(i)(c) is terminated or laid off by the 19 nonimmigrant's employer, or otherwise ceases em- 20 ployment with the employer, such petition for new 21 employment shall be filed during the 45-day period 22 beginning on the date of such termination, lay off, 23 or cessation; and nonimmigrant described in section EAS13500 S.L.C. 690 1 ''(iii) who, subsequent to such lawful admission, 2 has not been employed without authorization in the 3 United States before the filing of such petition.''. 4 (d) APPLICABILITY.-- 5 (1) IN GENERAL.--Beginning on the commence- 6 ment date described in paragraph (2), the amend- 7 ments made by section 2 of the Nursing Relief for 8 Disadvantaged Areas Act of 1999 (Public Law 106- 9 95; 113 Stat. 1313), and the amendments made by 10 this section, shall apply to classification petitions 11 filed for nonimmigrant status. This period shall be 12 in addition to the period described in section 2(e) of 13 the Nursing Relief for Disadvantaged Areas Act of 14 1999 (8 U.S.C. 1182 note). 15 (2) COMMENCEMENT DATE.--Not later than 60 16 days after the date of the enactment of this Act, the 17 Secretary shall determine whether regulations are 18 necessary to implement the amendments made by 19 this section. If the Secretary determines that no 20 such regulations are necessary, the commencement 21 date described in this paragraph shall be the date of 22 such determination. If the Secretary determines that 23 regulations are necessary to implement any amend- 24 ment made by this section, the commencement date EAS13500 S.L.C. 691 1 described in this paragraph shall be the date on 2 which such regulations (in final form) take effect. 3 4 SEC. 4213. NEW APPLICATION REQUIREMENTS. Section 212(n)(1) (8 U.S.C. 1182(n)(1)) is amended 5 by inserting after clause (iii) of subparagraph (G) , as 6 amended by section 4211(c)(2),the following: 7 ''(H)(i) The employer has not advertised any 8 available position specified in the application in an 9 advertisement that states or indicates that-- 10 ''(I) such position is only available to an 11 individual who is or will be an H-1B non- 12 immigrant or an alien participating in optional 13 practical 14 101(a)(15)(F)(i); or training pursuant to section 15 ''(II) an individual who is or will be an H- 16 1B nonimmigrant or participant in such op- 17 tional practical training shall receive priority or 18 a preference in the hiring process for such posi- 19 tion. 20 ''(ii) The employer has not solely recruited indi- 21 viduals who are or who will be H-1B nonimmigrants 22 or participants in optional practical training pursu- 23 ant to section 101(a)(15)(F)(i) to fill such position. 24 ''(I)(i) If the employer (other than an edu- 25 cational or research employer) employs 50 or more EAS13500 S.L.C. 692 1 employees in the United States, the sum of the num- 2 ber of such employees who are H-1B nonimmigrants 3 plus the number of such employees who are non- 4 immigrants described in section 101(a)(15)(L) may 5 not exceed-- 6 7 8 9 ''(I) 75 percent of the total number of employees, for fiscal year 2015; ''(II) 65 percent of the total number of employees, for fiscal year 2016; and 10 ''(III) 50 percent of the total number of 11 employees, for each fiscal year after fiscal year 12 2016. 13 ''(ii) In this subparagraph: 14 ''(I) The term 'educational or research em- 15 ployer' means an employer that is a nonprofit 16 institution of higher education or a nonprofit 17 research 18 501(c)(3) of the Internal Revenue Code of 1986 19 and exempt from taxation under 501(a) of that 20 Code. organization described in section 21 ''(II) The term 'H-1B nonimmigrant' 22 means an alien admitted as a nonimmigrant 23 pursuant to section 101(a)(15)(H)(i)(b). 24 ''(III) The term 'L nonimmigrant' means 25 an alien admitted as a nonimmigrant pursuant EAS13500 S.L.C. 693 1 to section 101(a)(15)(L) to provide services to 2 his or her employer involving specialized knowl- 3 edge. 4 ''(iii) In determining the percentage of employ- 5 ees of an employer that are H-1B nonimmigrants or 6 L nonimmigrants under clause (i), an intending im- 7 migrant employee shall not count toward such per- 8 centage. 9 ''(J) The employer shall submit to the Sec- 10 retary of Homeland Security an annual report that 11 includes the Internal Revenue Service Form W-2 12 Wage and Tax Statement filed by the employer for 13 each H-1B nonimmigrant employed by the employer 14 during the previous year.''. 15 16 SEC. 4214. APPLICATION REVIEW REQUIREMENTS. (a) TECHNICAL AMENDMENT.--Section 212(n)(1) (8 17 U.S.C. 1182(n)(1)), as amended by section 4213, is fur18 ther amended in the undesignated paragraph at the end, 19 by striking ''The employer'' and inserting the following: 20 21 ''(K) The employer''. (b) APPLICATION REVIEW REQUIREMENTS.--Sub- 22 paragraph (K) of such section 212(n)(1), as designated 23 by subsection (a), is amended-- 24 25 (1) by inserting ''and through the Department of Labor's website, without charge.'' after ''D.C.''; EAS13500 S.L.C. 694 1 (2) by striking ''only for completeness'' and in- 2 serting ''for completeness and evidence of fraud or 3 misrepresentation of material fact,''; 4 (3) by striking ''or obviously inaccurate'' and 5 inserting '', presents evidence of fraud or misrepre- 6 sentation of material fact, or is obviously inac- 7 curate''; 8 9 (4) by striking ''within 7 days of the'' and inserting ''not later than 14 after''; and 10 (5) by adding at the end the following: ''If the 11 Secretary's review of an application identifies evi- 12 dence of fraud or misrepresentation of material fact, 13 the Secretary may conduct an investigation and 14 hearing in accordance with paragraph (2).''. 15 (c) FILING OF PETITION FOR NONIMMIGRANT 16 WORKER.--Section 212(n)(1) (8 U.S.C. 1182(n)(1)), as 17 amended by section 4213, is further amended by adding 18 at the end the following: 19 20 ''(L) An I-129 Petition for Nonimmigrant Worker (or similar successor form)-- 21 ''(i) may be filed by an employer with the 22 Secretary of Homeland Security prior to the 23 date the employer receives an approved certifi- 24 cation described in section 101(a)(15)(H)(i)(b) 25 from the Secretary of Labor; and EAS13500 S.L.C. 695 1 ''(ii) may not be approved by the Secretary 2 of Homeland Security until the date such cer- 3 tification is approved.''. 4 CHAPTER 2-- INVESTIGATION AND DIS5 POSITION OF COMPLAINTS AGAINST 6 H-1B EMPLOYERS 7 8 9 SEC. 4221. GENERAL MODIFICATION OF PROCEDURES FOR INVESTIGATION AND DISPOSITION. Subparagraph (A) of section 212(n)(2) (8 U.S.C. 10 1182(n)(2)) is amended-- 11 12 13 14 (1) by striking ''(A) Subject'' and inserting ''(A)(i) Subject''; (2) by striking ''12 months'' and inserting ''24 months''; 15 (3) by striking the last sentence; and 16 (4) by adding at the end the following: 17 ''(ii)(I) Upon the receipt of such a com- 18 plaint, the Secretary may initiate an investiga- 19 tion to determine if such a failure or misrepre- 20 sentation has occurred. 21 ''(II) The Secretary may conduct voluntary 22 surveys of the degree to which employers com- 23 ply with the requirements of this subsection. 24 ''(III) The Secretary shall-- EAS13500 S.L.C. 696 1 ''(aa) conduct annual compliance au- 2 dits of each employer with more than 100 3 employees who work in the United States 4 if more than 15 percent of such employees 5 are H-1B nonimmigrants; and 6 ''(bb) make available to the public an 7 executive summary or report describing the 8 general findings of the audits carried out 9 pursuant to this subclause.''. 10 11 12 SEC. 4222. INVESTIGATION, WORKING CONDITIONS, AND PENALTIES. Subparagraph (C) of section 212(n)(2) (8 U.S.C. 13 1182(n)(2)) is amended-- 14 15 16 (1) in clause (i)-- (A) in the matter preceding subclause (I)-- 17 (i) by striking ''a condition of para- 18 graph (1)(B), (1)(E), or (1)(F)'' and in- 19 serting ''a condition under subparagraph 20 (A), (B), (C)(i), (E), (F), (G)(i)(I), (H), 21 (I), or (J) of paragraph (1)''; and 22 (ii) by striking ''(1)(C)'' and inserting 23 ''(1)(C)(ii)''; 24 (B) in subclause (I)-- EAS13500 S.L.C. 697 1 2 (i) by striking ''$1,000'' and inserting ''$2,000''; and 3 (ii) by striking ''and'' at the end; 4 (C) in subclause (II), by striking the pe- 5 riod at the end and inserting a semicolon and 6 ''and''; and 7 (D) by adding at the end the following: 8 ''(III) an employer that violates such subpara- 9 graph (A) shall be liable to any employee harmed by 10 11 12 13 14 15 such violations for lost wages and benefits.''; and (2) in clause (ii)-- (A) in subclause (I)-- (i) by striking ''may'' and inserting ''shall''; and (ii) by striking ''$5,000'' and insert- 16 ing ''$10,000''; 17 (B) in subclause (II), by striking the pe- 18 riod at the end and inserting a semicolon and 19 ''and''; and 20 (C) by adding at the end the following: 21 ''(III) an employer that violates such subpara- 22 graph (A) shall be liable to any employee harmed by 23 such violations for lost wages and benefits.''; 24 (3) in clause (iii)-- EAS13500 S.L.C. 698 1 (A) in the matter preceding subclause (I), 2 by striking ''90 days'' both places it appears 3 and inserting ''180 days''; 4 (B) in subclause (I)-- (i) by striking ''may'' and inserting 5 6 ''shall''; and 7 (ii) by striking ''and'' at the end; 8 (C) in subclause (II), by striking the pe- 9 riod at the end and inserting a semicolon and 10 ''and''; and 11 (D) by adding at the end the following: 12 ''(III) an employer that violates subparagraph 13 (A) of such paragraph shall be liable to any em- 14 ployee harmed by such violations for lost wages and 15 benefits.''; 16 (4) in clause (iv)-- 17 (A) by inserting ''to take, or threaten to 18 take, a personnel action, or'' before ''to intimi- 19 date''; 20 (B) by inserting ''(I)'' after ''(iv)''; and 21 (C) by adding at the end the following: 22 ''(II) An employer that violates this clause shall 23 be liable to any H-1B nonimmigrant employee 24 harmed by such violation for lost wages and bene- 25 fits.''; and EAS13500 S.L.C. 699 1 (5) in clause (vi)-- (A) by amending subclause (I) to read as 2 3 follows: 4 ''(I) It is a violation of this clause for an em- 5 ployer who has filed an application under this sub- 6 section-- 7 ''(aa) to require an H-1B nonimmigrant to 8 pay a penalty for ceasing employment with the 9 employer prior to a date agreed to by the non- 10 immigrant and the employer (the Secretary 11 shall determine whether a required payment is 12 a penalty, and not liquidated damages, pursu- 13 ant to relevant State law); and 14 ''(bb) to fail to offer to an H-1B non- 15 immigrant, during the nonimmigrant's period of 16 authorized employment, on the same basis, and 17 in accordance with the same criteria, as the em- 18 ployer offers to similarly situated United States 19 workers, benefits and eligibility for benefits, in- 20 cluding-- 21 ''(AA) the opportunity to participate 22 in health, life, disability, and other insur- 23 ance plans; 24 25 ''(BB) the opportunity to participate in retirement and savings plans; and EAS13500 S.L.C. 700 1 ''(CC) cash bonuses and noncash com- 2 pensation, such as stock options (whether 3 or not based on performance).''; and 4 (B) 5 6 7 in subclause (III), by striking ''$1,000'' and inserting ''$2,000''. SEC. 4223. INITIATION OF INVESTIGATIONS. Subparagraph (G) of section 212(n)(2) (8 U.S.C. 8 1182(n)(2)) is amended-- 9 (1) in clause (i), by striking ''if the Secretary'' 10 and all that follows and inserting ''with regard to 11 the employer's compliance with the requirements of 12 this subsection.''; 13 (2) in clause (ii), by striking ''and whose iden- 14 tity'' and all that follows through ''failure or fail- 15 ures.'' and inserting ''the Secretary of Labor may 16 conduct an investigation into the employer's compli- 17 ance with the requirements of this subsection.''; 18 (3) in clause (iii), by striking the last sentence; 19 (4) by striking clauses (iv) and (v); 20 (5) by redesignating clauses (vi), (vii), and (viii) 21 as clauses (iv), (v), and (vi), respectively; 22 (6) in clause (iv), as so redesignated, by strik- 23 ing ''meet a condition described in clause (ii), unless 24 the Secretary of Labor receives the information not 25 later than 12 months'' and inserting ''comply with EAS13500 S.L.C. 701 1 the requirements under this subsection, unless the 2 Secretary of Labor receives the information not later 3 than 24 months''; 4 5 (7) by amending clause (v), as so redesignated, to read as follows: 6 ''(v) The Secretary of Labor shall provide no- 7 tice to an employer of the intent to conduct an in- 8 vestigation. The notice shall be provided in such a 9 manner, and shall contain sufficient detail, to permit 10 the employer to respond to the allegations before an 11 investigation is commenced. The Secretary is not re- 12 quired to comply with this clause if the Secretary de- 13 termines that such compliance would interfere with 14 an effort by the Secretary to investigate or secure 15 compliance by the employer with the requirements of 16 this subsection. A determination by the Secretary 17 under this clause shall not be subject to judicial re- 18 view.''; 19 (8) in clause (vi), as so redesignated, by strik- 20 ing ''An investigation'' and all that follows through 21 ''the determination.'' and inserting ''If the Secretary 22 of Labor, after an investigation under clause (i) or 23 (ii), determines that a reasonable basis exists to 24 make a finding that the employer has failed to com- 25 ply with the requirements under this subsection, the EAS13500 S.L.C. 702 1 Secretary shall provide interested parties with notice 2 of such determination and an opportunity for a 3 hearing in accordance with section 556 of title 5, 4 United States Code, not later than 120 days after 5 the date of such determination.''; and 6 (9) by adding at the end the following: 7 ''(vii) If the Secretary of Labor, after a hear- 8 ing, finds a reasonable basis to believe that the em- 9 ployer has violated the requirements under this sub- 10 section, the Secretary shall impose a penalty under 11 subparagraph (C).''. 12 13 SEC. 4224. INFORMATION SHARING. Subparagraph (H) of section 212(n)(2) (8 U.S.C. 14 1182(n)(2)) is amended to read as follows: 15 ''(H) The Director of United States Citizenship and 16 Immigration Services shall provide the Secretary of Labor 17 with any information contained in the materials submitted 18 by employers of H-1B nonimmigrants as part of the adju19 dication process that indicates that the employer is not 20 complying with visa program requirements for H-1B non21 immigrants. The Secretary may initiate and conduct an 22 investigation related to H-1B nonimmigrants and hearing 23 under this paragraph after receiving information of non24 compliance under this subparagraph. This subparagraph 25 may not be construed to prevent the Secretary of Labor EAS13500 S.L.C. 703 1 from taking action related to wage and hour and work2 place safety laws.''. 3 CHAPTER 3--OTHER PROTECTIONS 4 SEC. 4231. POSTING AVAILABLE POSITIONS THROUGH THE 5 6 DEPARTMENT OF LABOR. (a) DEPARTMENT OF LABOR WEBSITE.--Section 7 212(n) (8 U.S.C. 1182(n)) is amended by adding at the 8 end following: 9 ''(6)(A) Not later than 90 days after the date of the 10 enactment of the Border Security, Economic Opportunity, 11 and Immigration Modernization Act, the Secretary of 12 Labor shall establish a searchable Internet website for 13 posting positions as required by paragraph (1)(C). Such 14 website shall be available to the public without charge. 15 ''(B) The Secretary may work with private companies 16 or nonprofit organizations to develop and operate the 17 Internet website described in subparagraph (A). 18 ''(C) The Secretary may promulgate rules, after no- 19 tice and a period for comment, to carry out the require20 ments of this paragraph.''. 21 (b) REQUIREMENT FOR PUBLICATION.--The Sec- 22 retary of Labor shall submit to Congress and publish in 23 the Federal Register and other appropriate media a notice 24 of the date that the Internet website required by para- EAS13500 S.L.C. 704 1 graph (6) of section 212(n) of such Act, as amended by 2 subsection (a), will be operational. 3 (c) APPLICATION.--The amendments made by sub- 4 section (a) shall apply to an application filed on or after 5 the date that is 30 days after the date described in sub6 section (b). 7 SEC. 4232. H-1B GOVERNMENT AUTHORITY AND REQUIRE- 8 9 MENTS. (a) IMMIGRATION DOCUMENTS.--Section 204 (8 10 U.S.C. 1154) is amended by adding at the end the fol11 lowing: 12 13 14 ''(m) EMPLOYER TO PROVIDE IMMIGRATION PAPERWORK EXCHANGED WITH FEDERAL AGENCIES.-- ''(1) IN GENERAL.--Not later than 30 days 15 after a Labor Condition Application is filed, an em- 16 ployer shall provide an employee or beneficiary of 17 such Application who is or seeking to be an non- 18 immigrant described in subparagraph (H)(i)(b) of 19 (L) of section 101(a)(15) with a copy the original of 20 all applications and petitions filed by the employer 21 with the Department of Labor or the Department of 22 Homeland Security for such employee or beneficiary. 23 ''(2) WITHHOLDING OF FINANCIAL OR PROPRI- 24 ETARY INFORMATION.--If a document required to be 25 provided to an employee or beneficiary under para- EAS13500 S.L.C. 705 1 graph (1) includes any financial or propriety infor- 2 mation of the employer, the employer may redact 3 such information from the copies provided to such 4 employee or beneficiary.''. 5 (b) REPORT ON JOB CLASSIFICATION AND WAGE 6 DETERMINATIONS.--Not later than 1 year after the date 7 of the enactment of this Act, the Comptroller General of 8 the United States shall prepare a report analyzing the ac9 curacy and effectiveness of the Secretary of Labor's cur10 rent job classification and wage determination system. The 11 report shall-- 12 (1) specifically address whether the systems in 13 place accurately reflect the complexity of current job 14 types as well as geographic wage differences; and (2) make recommendations concerning nec- 15 essary updates and modifications. 16 17 SEC. 4233. REQUIREMENTS FOR INFORMATION FOR H-1B 18 AND L NONIMMIGRANTS. Section 214 (8 U.S.C. 1184), as amended by section 19 20 3608, is further amended by adding at the end the fol21 lowing: ''(t) REQUIREMENTS 22 23 24 25 AND FOR INFORMATION FOR H-1B L NONIMMIGRANTS.-- ''(1) IN GENERAL.--Upon issuing a visa to an applicant for nonimmigrant status pursuant to sub- EAS13500 S.L.C. 706 1 paragraph (H)(i)(b) or (L) of section 101(a)(15) 2 who is outside the United States, the issuing office 3 shall provide the applicant with-- 4 ''(A) a brochure outlining the obligations 5 of the applicant's employer and the rights of 6 the applicant with regard to employment under 7 Federal law, including labor and wage protec- 8 tions; and 9 ''(B) the contact information for appro- 10 priate Federal agencies or departments that 11 offer additional information or assistance in 12 clarifying such obligations and rights. 13 ''(2) PROVISION OF MATERIAL.--Upon the ap- 14 proval of an application of an applicant referred to 15 in paragraph (1), the applicant shall be provided 16 with the material described in subparagraphs (A) 17 and (B) of paragraph (1)-- 18 ''(A) by the issuing officer of the Depart- 19 ment of Homeland Security, if the applicant is 20 inside the United States; or 21 ''(B) by the appropriate official of the De- 22 partment of State, if the applicant is outside 23 the United States.''. EAS13500 S.L.C. 707 1 SEC. 4234. FILING FEE FOR H-1B-DEPENDENT EMPLOYERS. 2 (a) IN GENERAL.--Notwithstanding any other provi- 3 sion of law, there shall be a fee required to be submitted 4 by an employer with an application for admission of an 5 H-1B nonimmigrant as follows: 6 (1) For each of the fiscal years 2015 through 7 2024, $5,000 for applicants that employ 50 or more 8 employees in the United States if more than 30 per- 9 cent and less than 50 percent of the applicant's em- 10 ployees are H-1B nonimmigrants or L non- 11 immigrants. 12 (2) For each of the fiscal years 2015 through 13 2017, $10,000 for applicants that employ 50 or 14 more employees in the United States if more than 15 50 percent and less than 75 percent of the appli- 16 cant's employees are H-1B nonimmigrants or L 17 nonimmigrants. 18 (b) DEFINITIONS.--In this section: 19 (1) EMPLOYER.--The term ''employer''-- 20 (A) means any entity or entities treated as 21 a single employer under subsection (b), (c), 22 (m), or (o) of section 414 of the Internal Rev- 23 enue Code of 1986; and 24 (B) does not include a nonprofit institution 25 of higher education or a nonprofit research or- 26 ganization described in section 501(c)(3) of the EAS13500 S.L.C. 708 1 Internal Revenue Code of 1986 and exempt 2 from taxation under 501(a) of that Code that 3 is-- 4 (i) an institution of higher education 5 (as defined in section 101(a) of the Higher 6 Education 7 1001(a))); or of 1965 (20 U.S.C. (ii) a research organization. 8 9 Act (2) H-1B NONIMMIGRANT.--The term ''H-1B 10 nonimmigrant'' means an alien admitted as a non- 11 immigrant pursuant to section 101(a)(15)(H)(i)(b) 12 of the Immigration and Nationality Act (8 U.S.C. 13 1101(a)(15)(H)(i)(b)). 14 (3) INTENDING IMMIGRANT.--The term ''in- 15 tending immigrant'' has the meaning given that 16 term in paragraph (53) of section 101(a) of the Im- 17 migration and Nationality Act (8 U.S.C. 1101(a)). 18 (4) L NONIMMIGRANT.--The term ''L non- 19 immigrant'' means an alien admitted as a non- 20 immigrant pursuant to section 101(a)(15)(L) of the 21 Immigration 22 1101(a)(15)(L)) to provide services to the alien's 23 employer involving specialized knowledge. 24 (c) EXCEPTION and FOR Nationality Act (8 U.S.C. INTENDING IMMIGRANTS.--In 25 determining the percentage of employees of an employer EAS13500 S.L.C. 709 1 that are H-1B nonimmigrants or L nonimmigrants under 2 subsection (a), an intending immigrant employee shall not 3 count toward such percentage. 4 (d) CONFORMING AMENDMENT.--Section 402 of the 5 Act entitled ''An Act making emergency supplemental ap6 propriations for border security for the fiscal year ending 7 September 30, 2010, and for other purposes'', approved 8 August 13, 2010 (Public Law 111-230; 8 U.S.C. 1101 9 note) is amended by striking subsection (b). 10 11 12 SEC. 4235. PROVIDING PREMIUM PROCESSING OF EMPLOYMENT-BASED VISA PETITIONS. Pursuant to section 286(u) of the Immigration and 13 Nationality Act (8 U.S.C. 1356(u)), the Secretary shall 14 establish and collect-- 15 16 (1) a fee for premium processing of employment-based immigrant petitions; and 17 (2) a fee for premium processing of an adminis- 18 trative appeal of any decision on a permanent em- 19 ployment-based immigrant petition. 20 21 SEC. 4236. TECHNICAL CORRECTION. Section 212 (8 U.S.C. 1182) is amended by redesig- 22 nating the second subsection (t), as added by section 23 1(b)(2)(B) of the Act entitled ''An Act to amend and ex24 tend the Irish Peace Process Cultural and Training Pro- EAS13500 S.L.C. 710 1 gram Act of 1998'' (Public Law 108-449 (118 Stat. 2 3470)), as subsection (u). 3 4 SEC. 4237. APPLICATION. Except as specifically otherwise provided, the amend- 5 ments made by this subtitle shall apply to applications 6 filed on or after the date of the enactment of this Act. 8 Subtitle C--L Visa Fraud and Abuse Protections 9 SEC. 4301. PROHIBITION ON OUTPLACEMENT OF L NON- 7 10 11 IMMIGRANTS. Subparagraph (F) of section 214(c)(2) (8 U.S.C. 12 1184(c)(2)) is amended to read as follows: 13 ''(F) The employer of an alien described in section 14 101(a)(15)(L) shall not place, outsource, lease, or other15 wise contract for the services or placement of such alien 16 with another employer unless-- 17 ''(i) the other employer is an affiliate, sub- 18 sidiary, or parent entity of the petitioning employer; 19 ''(ii) such alien will not be controlled or super- 20 vised principally by the employer with whom such 21 alien would be placed; 22 ''(iii) the placement of such alien at the work- 23 site of the other employer, who is not described in 24 clause (i), is not essentially an arrangement to pro- 25 vide labor for hire for the other employer; and EAS13500 S.L.C. 711 1 ''(iv) the other employer attests that the other 2 employer has not displaced and will not displace a 3 United States worker during the period beginning 4 90 days prior to and 90 days after the date the em- 5 ployer files the application.''. 6 SEC. 4302. L EMPLOYER PETITION REQUIREMENTS FOR 7 EMPLOYMENT AT NEW OFFICES. 8 Section 214(c)(2) (8 U.S.C. 1184(c)(2)) is amended 9 by adding at the end the following: 10 ''(G)(i) If the beneficiary of a petition under this 11 paragraph is coming to the United States to open, or be 12 employed in, a new office, the petition may be approved 13 for up to 12 months only if-- 14 ''(I) the alien has not been the beneficiary of 2 15 or more petitions under this subparagraph during 16 the immediately preceding 2 years; and 17 18 ''(II) the employer operating the new office has-- 19 ''(aa) an adequate business plan; 20 ''(bb) sufficient physical premises to carry 21 out the proposed business activities; and 22 ''(cc) the financial ability to commence 23 doing business immediately upon the approval 24 of the petition. EAS13500 S.L.C. 712 1 ''(ii) An extension of the approval period under clause 2 (i) may not be granted until the importing employer sub3 mits an application to the Secretary of Homeland Security 4 that contains-- 5 6 ''(I) evidence that the importing employer meets the requirements of this subsection; 7 ''(II) evidence that the beneficiary of the peti- 8 tion is eligible for nonimmigrant status under sec- 9 tion 101(a)(15)(L); 10 11 ''(III) a statement summarizing the original petition; 12 ''(IV) evidence that the importing employer has 13 complied with the business plan submitted under 14 clause (i)(I); 15 ''(V) evidence of the truthfulness of any rep- 16 resentations made in connection with the filing of 17 the original petition; 18 ''(VI) evidence that the importing employer has 19 been doing business at the new office through reg- 20 ular, systematic, and continuous provision of goods 21 and services; 22 ''(VII) a statement of the duties the beneficiary 23 has performed at the new office during the approval 24 period under clause (i) and the duties the beneficiary EAS13500 S.L.C. 713 1 will perform at the new office during the extension 2 period granted under this clause; 3 ''(VIII) a statement describing the staffing at 4 the new office, including the number of employees 5 and the types of positions held by such employees; 6 ''(IX) evidence of wages paid to employees; 7 ''(X) evidence of the financial status of the new 8 9 office; and ''(XI) any other evidence or data prescribed by 10 the Secretary. 11 ''(iii) A new office employing the beneficiary of an 12 L-1 petition approved under this paragraph shall do busi13 ness only through regular, systematic, and continuous pro14 vision of goods and services. 15 ''(iv) Notwithstanding clause (ii), and subject to the 16 maximum period of authorized admission set forth in sub17 paragraph (D), the Secretary of Homeland Security, in 18 the Secretary's discretion, may approve a subsequently 19 filed petition on behalf of the beneficiary to continue em20 ployment at the office described in this subparagraph for 21 a period beyond the initially granted 12-month period if 22 the importing employer has been doing business at the 23 new office through regular, systematic, and continuous 24 provision of goods and services for the 6 months imme25 diately preceding the date of extension of petition filing EAS13500 S.L.C. 714 1 and demonstrates that the failure to satisfy any of the 2 requirements described in those subclauses was directly 3 caused by extraordinary circumstances, as determined by 4 the Secretary in the Secretary's discretion.''. 5 6 SEC. 4303. COOPERATION WITH SECRETARY OF STATE. Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended 7 by section 4302, is further amended by adding at the end 8 the following: 9 ''(H) For purposes of approving petitions under this 10 paragraph, the Secretary of Homeland Security shall work 11 cooperatively with the Secretary of State to verify the ex12 istence or continued existence of a company or office in 13 the United States or in a foreign country.''. 14 SEC. 4304. LIMITATION ON EMPLOYMENT OF L NON- 15 16 IMMIGRANTS. Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended 17 by sections 4302 and 4303, is further amended by adding 18 at the end the following: 19 ''(I)(i) If the employer employs 50 or more employees 20 in the United States, the sum of the number of such em21 ployees who are H-1B nonimmigrants plus the number 22 of such employees who are L nonimmigrants may not ex23 ceed-- 24 25 ''(I) 75 percent of the total number of employees, for fiscal year 2015; EAS13500 S.L.C. 715 1 2 ''(II) 65 percent of the total number of employees, for fiscal year 2016; and 3 ''(III) 50 percent of the total number of em- 4 ployees, for each fiscal year after fiscal year 2016. 5 ''(ii) In this subparagraph: 6 ''(I) The term 'employer' does not include a 7 nonprofit institution of higher education or a non- 8 profit research organization/an organization de- 9 scribed in section 501(c)(3) of the Internal Revenue 10 Code of 1986 and exempt from taxation under 11 501(a) of that Code that is-- 12 ''(aa) an institution of higher education (as 13 defined in section 101(a) of the Higher Edu- 14 cation Act of 1965 (20 U.S.C. 1001(a))); or 15 ''(bb) a research organization. 16 ''(II) The term 'H-1B nonimmigrant' means an 17 alien admitted as a nonimmigrant pursuant to sec- 18 tion 101(a)(15)(H)(i)(b). 19 ''(III) The term 'L nonimmigrant' means an 20 alien admitted as a nonimmigrant pursuant to sec- 21 tion 101(a)(15)(L) to provide services to the alien's 22 employer involving specialized knowledge. 23 ''(iii) In determining the percentage of employees of 24 an employer that are H-1B nonimmigrants or L non- EAS13500 S.L.C. 716 1 immigrants under clause (i), an intending immigrant em2 ployee shall not count toward such percentage.''. 3 4 SEC. 4305. FILING FEE FOR L NONIMMIGRANTS. (a) IN GENERAL.--Notwithstanding any other provi- 5 sion of law, the filing fee for an application for admission 6 of an L nonimmigrant shall be as follows: 7 (1) For each of the fiscal years 2014 through 8 2024, $5,000 for applicants that employ 50 or more 9 employees in the United States if more than 30 per- 10 cent and less than 50 percent of the applicant's em- 11 ployees are H-1B nonimmigrants or L non- 12 immigrants. 13 (2) For each of the fiscal years 2014 through 14 2017, $10,000 for applicants that employ 50 or 15 more employees in the United States if more than 16 50 percent and less than 75 percent of the appli- 17 cant's employees are H-1B nonimmigrants or L 18 nonimmigrants. 19 (b) DEFINITIONS.--In this section: 20 (1) EMPLOYER.--The term ''employer'' does 21 not include a nonprofit institution of higher edu- 22 cation or a nonprofit research organization/an orga- 23 nization described in section 501(c)(3) of the Inter- 24 nal Revenue Code of 1986 and exempt from taxation 25 under 501(a) of that Code that is-- EAS13500 S.L.C. 717 1 (A) an institution of higher education (as 2 defined in section 101(a) of the Higher Edu- 3 cation Act of 1965 (20 U.S.C. 1001(a))); or 4 5 (B) a research organization. (2) H-1B NONIMMIGRANT.--The term ''H-1B 6 nonimmigrant'' means an alien admitted as a non- 7 immigrant pursuant to section 101(a)(15)(H)(i)(b) 8 of the Immigration and Nationality Act (8 U.S.C. 9 1101(a)(15)(H)(i)(b)). 10 (3) L NONIMMIGRANT.--The term ''L non- 11 immigrant'' means an alien admitted as a non- 12 immigrant pursuant to section 101(a)(15)(L) of the 13 Immigration 14 1101(a)(15)(L)) to provide services to the alien's 15 employer involving specialized knowledge. 16 (c) EXCEPTION and FOR Nationality Act (8 U.S.C. INTENDING IMMIGRANTS.--In 17 determining the percentage of employees of an employer 18 that are H-1B nonimmigrants or L nonimmigrants under 19 subsection (a), an intending immigrant employee shall not 20 count toward such percentage. 21 (d) CONFORMING AMENDMENT.--Section 402 of the 22 Act entitled ''An Act making emergency supplemental ap23 propriations for border security for the fiscal year ending 24 September 30, 2010, and for other purposes'', approved 25 August 13, 2010 (Public Law 111-230; 8 U.S.C. 1101 EAS13500 S.L.C. 718 1 note), as amended by section 4234(d), is further amended 2 by striking subsections (a) and (c). 3 SEC. 4306. INVESTIGATION AND DISPOSITION OF COM- 4 PLAINTS AGAINST L NONIMMIGRANT EM- 5 PLOYERS. 6 Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended 7 by sections 4302, 4303, and 4304 is further amended by 8 adding at the end the following: 9 ''(J)(i) The Secretary of Homeland Security may ini- 10 tiate an investigation of any employer that employs non11 immigrants described in section 101(a)(15)(L) with re12 gard to the employer's compliance with the requirements 13 of this subsection. 14 ''(ii)(I) If the Secretary receives specific credible in- 15 formation from a source who is likely to have knowledge 16 of an employer's practices, employment conditions, or 17 compliance with the requirements under this subsection, 18 the Secretary may conduct an investigation into the em19 ployer's compliance with the requirements of this sub20 section. 21 ''(II) The Secretary may withhold the identity of a 22 source referred to in subclause (I) from an employer and 23 the identity of such source shall not be subject to disclo24 sure under section 552 of title 5, United States Code. EAS13500 S.L.C. 719 1 ''(iii) The Secretary shall establish a procedure for 2 any person desiring to provide to the Secretary informa3 tion described in clause (ii)(I) that may be used, in whole 4 or in part, as the basis for the commencement of an inves5 tigation described in such clause, to provide the informa6 tion in writing on a form developed and provided by the 7 Secretary and completed by or on behalf of the person. 8 ''(iv) No investigation described in clause (ii)(I) (or 9 hearing described in clause (vi) based on such investiga10 tion) may be conducted with respect to information about 11 a failure to comply with the requirements under this sub12 section, unless the Secretary receives the information not 13 later than 24 months after the date of the alleged failure. 14 ''(v)(I) Subject to subclause (III), before commencing 15 an investigation of an employer under clause (i) or (ii), 16 the Secretary shall provide notice to the employer of the 17 intent to conduct such investigation. 18 ''(II) The notice required by subclause (I) shall be 19 provided in such a manner, and shall contain sufficient 20 detail, to permit the employer to respond to the allegations 21 before an investigation is commenced. 22 ''(III) The Secretary is not required to comply with 23 this clause if the Secretary determines that to do so would 24 interfere with an effort by the Secretary to investigate or EAS13500 S.L.C. 720 1 secure compliance by the employer with the requirements 2 of this subsection. 3 ''(IV) There shall be no judicial review of a deter- 4 mination by the Secretary under this clause. 5 ''(vi) If the Secretary, after an investigation under 6 clause (i) or (ii), determines that a reasonable basis exists 7 to make a finding that the employer has failed to comply 8 with the requirements under this subsection, the Secretary 9 shall provide the interested parties with notice of such de10 termination and an opportunity for a hearing in accord11 ance with section 556 of title 5, United States Code, not 12 later than 120 days after the date of such determination. 13 If such a hearing is requested, the Secretary shall make 14 a finding concerning the matter by not later than 120 days 15 after the date of the hearing. 16 ''(vii) If the Secretary, after a hearing, finds a rea- 17 sonable basis to believe that the employer has violated the 18 requirements under this subsection, the Secretary shall 19 impose a penalty under subparagraph (K). 20 ''(viii)(I) The Secretary may conduct surveys of the 21 degree to which employers comply with the requirements 22 under this section. 23 ''(II) The Secretary shall-- 24 ''(aa) conduct annual compliance audits of each 25 employer with more than 100 employees who work EAS13500 S.L.C. 721 1 in the United States if more than 15 percent of such 2 employees 3 101(a)(15)(L); and are nonimmigrants described in 4 ''(bb) make available to the public an executive 5 summary or report describing the general findings of 6 the audits carried out pursuant to this subclause.''. 7 8 SEC. 4307. PENALTIES. Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended 9 by sections 4302, 4303, 4304, and 4306, is further 10 amended by adding at the end the following: 11 ''(K)(i) If the Secretary of Homeland Security finds, 12 after notice and an opportunity for a hearing, a failure 13 by an employer to meet a condition under subparagraph 14 (F), (G), or (L) or a misrepresentation of material fact 15 in a petition to employ 1 or more aliens as nonimmigrants 16 described in section 101(a)(15)(L)-- 17 ''(I) the Secretary shall impose such administrative 18 remedies (including civil monetary penalties in an amount 19 not to exceed $2,000 per violation) as the Secretary deter20 mines to be appropriate; 21 ''(II) the Secretary may not, during a period of at 22 least 1 year, approve a petition for that employer to em23 ploy 1 or more aliens as such nonimmigrants; and EAS13500 S.L.C. 722 1 ''(III) in the case of a violation of subparagraph (J), 2 the employer shall be liable to the employees harmed by 3 such violation for lost wages and benefits. 4 ''(ii) If the Secretary finds, after notice and an oppor- 5 tunity for a hearing, a willful failure by an employer to 6 meet a condition under subparagraph (F), (G), or (L) or 7 a willful misrepresentation of material fact in a petition 8 to employ 1 or more aliens as nonimmigrants described 9 in section 101(a)(15)(L)-- 10 ''(I) the Secretary shall impose such adminis- 11 trative remedies (including civil monetary penalties 12 in an amount not to exceed $10,000 per violation) 13 as the Secretary determines to be appropriate; 14 ''(II) the Secretary may not, during a period of 15 at least 2 years, approve a petition filed for that em- 16 ployer to employ 1 or more aliens as such non- 17 immigrants; and 18 ''(III) in the case of a violation of subparagraph 19 (J), the employer shall be liable to the employees 20 harmed by such violation for lost wages and bene- 21 fits.''. EAS13500 S.L.C. 723 1 SEC. 4308. PROHIBITION ON RETALIATION AGAINST L NON- 2 3 IMMIGRANTS. Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended 4 by sections 4302, 4303, 4303, 4306, and 4307, is further 5 amended by adding at the end the following: 6 ''(L)(i) It is a violation of this subparagraph for an 7 employer who has filed a petition to import 1 or more 8 aliens as nonimmigrants described in section 9 101(a)(15)(L) to take, fail to take, or threaten to take 10 or fail to take, a personnel action, or to intimidate, threat11 en, restrain, coerce, blacklist, discharge, or discriminate 12 in any other manner against an employee because the em13 ployee-- 14 ''(I) has disclosed information that the em- 15 ployee reasonably believes evidences a violation of 16 this subsection, or any rule or regulation pertaining 17 to this subsection; or 18 ''(II) cooperates or seeks to cooperate with the 19 requirements of this subsection, or any rule or regu- 20 lation pertaining to this subsection. 21 ''(ii) In this subparagraph, the term 'employee' in- 22 cludes-- 23 ''(I) a current employee; 24 ''(II) a former employee; and 25 ''(III) an applicant for employment.''. EAS13500 S.L.C. 724 1 2 SEC. 4309. REPORTS ON L NONIMMIGRANTS. Section 214(c)(8) (8 U.S.C. 1184(c)(8)) is amended 3 by inserting ''(L),'' after ''(H),''. 4 5 SEC. 4310. APPLICATION. The amendments made by this subtitle shall apply to 6 applications filed on or after the date of the enactment 7 of this Act. 8 9 SEC. 4311. REPORT ON L BLANKET PETITION PROCESS. (a) REQUIREMENT FOR REPORT.--Not later than 6 10 months after the date of the enactment of this Act, the 11 Inspector General of the Department of Homeland Secu12 rity shall submit to the appropriate committees of Con13 gress a report regarding the use of blanket petitions under 14 section 214(c)(2)(A) of the Immigration and Nationality 15 Act (8 U.S.C. 1184(c)(2)(A)). Such report shall assess the 16 efficiency and reliability of the process for reviewing such 17 blanket petitions, including whether the process includes 18 adequate safeguards against fraud and abuse. 19 (b) APPROPRIATE COMMITTEES OF CONGRESS.--In 20 this section the term ''appropriate committees of Con21 gress'' means-- (1) the Committee on Homeland Security and 22 23 Governmental Affairs of the Senate; (2) the Committee on the Judiciary of the Sen- 24 25 ate; EAS13500 S.L.C. 725 (3) the Committee on Homeland Security of the 1 2 House of Representatives; and (4) the Committee on the Judiciary of the 3 4 5 6 7 8 9 10 11 House of Representatives. Subtitle D--Other Nonimmigrant Visas SEC. 4401. NONIMMIGRANT VISAS FOR STUDENTS. (a) AUTHORIZATION IMMIGRANTS OF DUAL INTENT SEEKING BACHELOR'S OR FOR F NON- GRADUATE DE- GREES.-- (1) IN GENERAL.--Section 101(a)(15)(F) (8 12 U.S.C. 1101(a)(15)(F)) is amended to read as fol- 13 lows: 14 ''(F)(i) an alien having a residence in a 15 foreign country who is a bona fide student 16 qualified to pursue a full course of study and 17 who seeks to enter the United States tempo- 18 rarily and solely for the purpose of pursuing 19 such a course of study consistent with section 20 214(m) at an accredited college, university, or 21 language training program, or at an established 22 seminary, conservatory, academic high school, 23 elementary school, or other academic institution 24 in the United States, particularly designated by 25 the alien and approved by the Secretary of EAS13500 S.L.C. 726 1 Homeland Security after consultation with the 2 Secretary of Education, which institution or 3 place of study shall have agreed to report to the 4 Secretary of Homeland Security the termination 5 of attendance of each nonimmigrant student, 6 and if any such institution of learning or place 7 of study fails to make reports promptly the ap- 8 proval shall be withdrawn, except that such an 9 alien who is not seeking to pursue a degree that 10 is a bachelor's degree or a graduate degree shall 11 have a residence in a foreign country that the 12 alien has no intention of abandoning; 13 ''(ii) the alien spouse and minor children of 14 any alien described in clause (i) if accom- 15 panying or following to join such an alien; and 16 ''(iii) an alien who is a national of Canada 17 or Mexico, who maintains actual residence and 18 place of abode in the country of nationality, 19 who is described in clause (i) except that the 20 alien's qualifications for and actual course of 21 study may be full or part-time, and who com- 22 mutes to the United States institution or place 23 of study from Canada or Mexico.''. EAS13500 S.L.C. 727 (2) PRESUMPTION 1 OF STATUS; INTENTION TO 2 ABANDON FOREIGN RESIDENCE.--Section 3 214 (8 U.S.C. 1184) is amended-- (A) in subsection (b), by striking ''(L) or 4 (V)'' and inserting ''(F), (L), or (V)''; and 5 (B) 6 in 7 ''(H)(i)(b) 8 (c),'' (h), and by (b) ACCREDITATION REQUIREMENT 9 AND inserting striking (H)(i)(b), (H)(i)(c),''. 10 or subsection FOR ''(F), COLLEGES UNIVERSITIES.--Section 101(a)(52) (8 U.S.C. 11 1101(a)(52)) is amended to read as follows: 12 ''(52) Except as provided in section 214(m)(4), 13 the term 'accredited college, university, or language 14 training program' means a college, university, or 15 language training program that is accredited by an 16 accrediting agency recognized by the Secretary of 17 Education.''. 18 (c) OTHER REQUIREMENTS 19 TIONS.--Section FOR ACADEMIC INSTITU- 214(m) (8 U.S.C. 1184(m)) is amended 20 by adding at the end the following: 21 ''(3) The Secretary of Homeland Security, in the Sec- 22 retary's discretion, may require accreditation of an aca23 demic institution (except for seminaries or other religious 24 institutions) for purposes of section 101(a)(15)(F) if-- EAS13500 S.L.C. 728 1 2 ''(A) that institution is not already required to be accredited under section 101(a)(15)(F)(i); 3 ''(B) an appropriate accrediting agency recog- 4 nized by the Secretary of Education is able to pro- 5 vide such accreditation; and 6 ''(C) the institution has or will have 25 or more 7 alien students accorded status as nonimmigrants 8 under clause (i) or (iii) of section 101(a)(15)(F) 9 pursuing a course of study at that institution. 10 ''(4) The Secretary of Homeland Security, in the Sec- 11 retary's discretion, may waive the accreditation require12 ment in section 101(a)(15)(F)(i) with respect to an estab13 lished college, university, or language training program if 14 the academic institution-- 15 16 17 ''(A) is otherwise in compliance with the requirements of such section; and ''(B) is making a good faith effort to satisfy the 18 accreditation requirement. 19 ''(5)(A) No person convicted of an offense referred 20 to in subparagraph (B) shall be permitted by any aca21 demic institution having authorization for attendance by 22 nonimmigrant students under section 101(a)(15)(F)(i) to 23 be involved with the institution as its principal, owner, of24 ficer, board member, general partner, or other similar po25 sition of substantive authority for the operations or man- EAS13500 S.L.C. 729 1 agement of the institution, including serving as an indi2 vidual designated by the institution to maintain records 3 required by the Student and Exchange Visitor Information 4 System established under section 641 of the Illegal Immi5 gration Reform and Immigrant Responsibility Act of 1996 6 (8 U.S.C. 1372). 7 ''(B) An offense referred to in this subparagraph in- 8 cludes a violation, punishable by a term of imprisonment 9 of more than 1 year, of any of the following: 10 ''(i) Chapter 77 of title 18, United States Code 11 (relating to peonage, slavery and trafficking in per- 12 sons). 13 ''(ii) Chapter 117 of title 18, United States 14 Code (relating to transportation for illegal sexual ac- 15 tivity and related crimes). 16 ''(iii) Section 274 of the Immigration and Na- 17 tionality Act (8 U.S.C. 1324) (relating to unlawful 18 bringing of aliens into the United States). 19 ''(iv) Section 1546 of title 18, United States 20 Code (relating to fraud and misuse of visas, permits, 21 and other documents) relating to an academic insti- 22 tution's participation in the Student and Exchange 23 Visitor Program.''. EAS13500 S.L.C. 730 1 (d) CONFORMING AMENDMENT.--Section 2 212(a)(6)(G) (8 U.S.C. 1182(a)(6)(G)) is amended by 3 striking ''section 214(l)'' and inserting ''section 214(m)''. 4 5 (e) EFFECTIVE DATE.-- (1) IN GENERAL.--Except as provided in para- 6 graph (2), the amendments made by subsections (a), 7 (b), and (c)-- 8 (A) shall take effect on the date that is 9 180 days after the date of the enactment of this 10 Act; and (B) shall apply with respect to applications 11 12 for a nonimmigrant visa under section 13 101(a)(15)(F)(i) of the Immigration and Na- 14 tionality Act (8 U.S.C. 1101(a)(15)(F)(i)) that 15 are filed on or after the effective date described 16 in subparagraph (A). 17 (2) TEMPORARY 18 (A) IN EXCEPTION.-- GENERAL.--During the 3-year pe- 19 riod beginning on the date of the enactment of 20 this Act, an alien seeking to enter the United 21 States to pursue a course of study at a college 22 or university that has been certified by the Sec- 23 retary may be granted a nonimmigrant visa 24 under clause (i) or clause (iii) of section 25 101(a)(15)(F) of the Immigration and Nation- EAS13500 S.L.C. 731 1 ality Act (8 U.S.C. 1101(a)(15)(F)) without re- 2 gard to whether or not that college or university 3 has been accredited or been denied accredita- 4 tion 5 101(a)(52) of such Act (8 U.S.C. 1101(a)(52)), 6 as amended by subsection (b). by (B) 7 an entity ADDITIONAL described in section REQUIREMENT.--An 8 alien may not be granted a nonimmigrant visa 9 under subparagraph (A) if the college or univer- 10 sity to which the alien seeks to enroll does 11 not-- 12 (i) submit an application for the ac- 13 creditation of such institution to a regional 14 or national accrediting agency recognized 15 by the Secretary of Education on or before 16 the date that is 1 year after the effective 17 date described in paragraph (1)(A); and (ii) comply with the applicable accred- 18 iting requirements of such agency. 19 20 SEC. 4402. CLASSIFICATION FOR SPECIALTY OCCUPATION 21 22 WORKERS FROM FREE TRADE COUNTRIES. (a) NONIMMIGRANT STATUS.--Section 23 101(a)(15)(E)(8 U.S.C. 1101(a)(15)(E)) is amended-- 24 (1) in the matter preceding clause (i), by insert- 25 ing '', bilateral investment treaty, or free trade EAS13500 S.L.C. 732 1 agreement'' after ''treaty of commerce and naviga- 2 tion''; (2) in clause (ii), by striking ''or'' at the end; 3 4 5 and (3) by adding at the end the following: 6 ''(iv) solely to perform services in a 7 specialty occupation in the United States if 8 the alien is a national of a country, other 9 than Chile, Singapore, or Australia, with 10 which the United States has entered into a 11 free trade agreement (regardless of wheth- 12 er such an agreement is a treaty of com- 13 merce and navigation) and with respect to 14 whom the Secretary of Labor determines 15 and certifies to the Secretary of Homeland 16 Security and the Secretary of State that 17 the intending employer has filed with the 18 Secretary of Labor an attestation under 19 section 212(t); or 20 ''(v) solely to perform services in a 21 specialty occupation in the United States if 22 the alien is a national of the Republic of 23 Korea and with respect to whom the Sec- 24 retary of Labor determines and certifies to 25 the Secretary of Homeland Security and EAS13500 S.L.C. 733 1 the Secretary of State that the intending 2 employer has filed with the Secretary of 3 Labor 4 212(t);''. 5 an attestation under section (b) FREE TRADE AGREEMENTS.--Section 214(g) (8 6 U.S.C. 1184(g)) is amended by adding at the end the fol7 lowing: 8 ''(12)(A) The free trade agreements referred to in 9 section 101(a)(15)(E)(iv) are defined as any free trade 10 agreement designated by the Secretary of Homeland Secu11 rity with the concurrence of the United States Trade Rep12 resentative and the Secretary of State. 13 ''(B) The Secretary of State may not approve a num- 14 ber of initial applications submitted for aliens described 15 in section 101(a)(15)(E)(iv) that is more than 5,000 per 16 fiscal year for each country with which the United States 17 has entered into a Free Trade Agreement. 18 ''(C) The applicable numerical limitation referred to 19 in subparagraph (A) shall apply only to principal aliens 20 and not to the spouses or children of such aliens.''. 21 (c) NONIMMIGRANT PROFESSIONALS.--Section 22 212(t) (8 U.S.C. 1182(t)) is amended by striking ''section 23 101(a)(15)(E)(iii)'' each place that term appears and in24 serting ''clause (iii) or (iv) of section 101(a)(15)(E)''. EAS13500 S.L.C. 734 1 2 SEC. 4403. E-VISA REFORM. (a) NONIMMIGRANT CATEGORY.--Section 3 101(a)(15)(E)(iii) (8 U.S.C. 1101(a)(15)(E)(iii)) is 4 amended by inserting '', or solely to perform services as 5 an employee and who has at least a high school education 6 or its equivalent, or has, within 5 years, at least 2 years 7 of work experience in an occupation which requires at least 8 2 years of training or experience if the alien is a national 9 of the Republic of Ireland,'' after ''Australia''. 10 (b) TEMPORARY ADMISSION.--Section 212(d)(3)(A) 11 (8 U.S.C. 1182(d)(3)(A)) is amended to read as follows: 12 13 ''(A) Except as otherwise provided in this subsection-- 14 ''(i) an alien who is applying for a non- 15 immigrant visa and who the consular officer 16 knows or believes to be ineligible for such visa 17 under subsection (a) (other than subparagraphs 18 (A)(i)(I), (A)(ii), (A)(iii), (C), (E)(i), and 19 (E)(ii) of paragraph (3) of such subsection)-- 20 ''(I) after approval by the Secretary of 21 Homeland Security of a recommendation 22 by the Secretary of State or by the con- 23 sular officer that the alien be admitted 24 temporarily despite the alien's inadmis- 25 sibility, may be granted such a visa and 26 may be admitted into the United States EAS13500 S.L.C. 735 1 temporarily as a nonimmigrant, in the dis- 2 cretion of the Secretary of Homeland Secu- 3 rity; or 4 ''(II) absent such recommendation 5 and approval, be granted a nonimmigrant 6 visa pursuant to section 101(a)(15)(E) if 7 such ineligibility is based solely on conduct 8 in violation of paragraph (6), (7), or (9) of 9 section 212(a) that occurred before the 10 date of the enactment of the Border Secu- 11 rity, Economic Opportunity, and Immigra- 12 tion Modernization Act; and 13 ''(ii) an alien who is inadmissible under 14 subsection (a) (other than subparagraphs 15 (A)(i)(I), (A)(ii), (A)(iii), (C), (E)(i), and 16 (E)(ii) of paragraph (3) of such subsection), is 17 in possession of appropriate documents or was 18 granted a waiver from such document require- 19 ment, and is seeking admission, may be admit- 20 ted into the United States temporarily as a 21 nonimmigrant, in the discretion of the Sec- 22 retary of Homeland Security, who shall pre- 23 scribe conditions, including exaction of such 24 bonds as may be necessary, to control and regu- 25 late the admission and return of inadmissible EAS13500 S.L.C. 736 1 aliens applying for temporary admission under 2 this paragraph.''. (c) 3 NUMERICAL LIMITATION.--Section 4 214(g)(11)(B) (8 U.S.C. 1184(g)(11)(B)) is amended by 5 striking the period at the end and inserting ''for each of 6 the nationalities identified under section 7 101(a)(15)(E)(iii).''. 8 9 SEC. 4404. OTHER CHANGES TO NONIMMIGRANT VISAS. (a) PORTABILITY.--Paragraphs (1) and (2) of sec- 10 tion 214(n) (8 U.S.C. 1184(n)) are amended to read as 11 follows: 12 ''(1) A nonimmigrant alien described in paragraph 13 (2) who was previously issued a visa or otherwise provided 14 nonimmigrant status under section 101(a)(15)(H)(i)(b) or 15 101(a)(15)(O)(i) is authorized to accept new employment 16 pursuant to such section upon the filing by the prospective 17 employer of a new petition on behalf of such nonimmigrant 18 as provided under subsection (a). Employment authoriza19 tion shall continue for such alien until the new petition 20 is adjudicated. If the new petition is denied, such author21 ization shall cease. 22 ''(2) A nonimmigrant alien described in this para- 23 graph is a nonimmigrant alien-- 24 25 ''(A) who has been lawfully admitted into the United States; EAS13500 S.L.C. 737 1 ''(B) on whose behalf an employer has filed a 2 nonfrivolous petition for new employment before the 3 date of expiration of the period of stay authorized by 4 the Secretary of Homeland Security; and 5 ''(C) who, subsequent to such lawful admission, 6 has not been employed without authorization in the 7 United States before the filing of such petition.''. 8 (b) WAIVER.--The undesignated material at the end 9 of section 214(c)(3) (8 U.S.C. 1184(c)(3)) is amended to 10 read as follows: 11 ''The Secretary of Homeland Security shall provide by 12 regulation for the waiver of the consultation requirement 13 under subparagraph (A) in the case of aliens who have 14 been admitted as nonimmigrants under section 15 101(a)(15)(O)(i) because of extraordinary ability in the 16 arts or extraordinary achievement in motion picture or tel17 evision production and who seek readmission to perform 18 similar services within 3 years after the date of a consulta19 tion under such subparagraph provided that, in the case 20 of aliens admitted because of extraordinary achievement 21 in motion picture or television production, such waiver 22 shall apply only if the prior consultations by the appro23 priate union and management organization were favorable 24 or raised no objection to the approval of the petition. Not 25 later than 5 days after such a waiver is provided, the Sec- EAS13500 S.L.C. 738 1 retary shall forward a copy of the petition and all sup2 porting documentation to the national office of an appro3 priate labor organization.''. 4 5 6 SEC. 4405. TREATMENT OF NONIMMIGRANTS DURING ADJUDICATION OF APPLICATION. Section 214 (8 U.S.C. 1184), as amended by sections 7 3609 and 4233, is further amended by adding at the end 8 the following: 9 10 ''(u) TREATMENT JUDICATION OF OF NONIMMIGRANTS DURING AD- APPLICATION.--A nonimmigrant alien 11 granted employment authorization pursuant to sections 12 101(a)(15)(A), 101(a)(15)(E), 101(a)(15)(G), 13 101(a)(15)(H), 101(a)(15)(I), 101(a)(15)(J), 14 101(a)(15)(L), 101(a)(15)(O), 101(a)(15)(P), 15 101(a)(15)(Q), 101(a)(15)(R), 214(e), and such other sec16 tions as the Secretary of Homeland Security may by regu17 lations prescribe whose status has expired but who has, 18 or whose sponsoring employer or authorized agent has, 19 filed a timely application or petition for an extension of 20 such employment authorization and nonimmigrant status 21 as provided under subsection (a) is authorized to continue 22 employment with the same employer until the application 23 or petition is adjudicated. Such authorization shall be sub24 ject to the same conditions and limitations as the initial 25 grant of employment authorization.''. EAS13500 S.L.C. 739 1 SEC. 4406. NONIMMIGRANT ELEMENTARY AND SECONDARY 2 3 SCHOOL STUDENTS. Section 214(m)(1)(B) (8 U.S.C. 1184(m)(1)(B)) is 4 amended striking ''unless--'' and all that follows through 5 ''(ii)'' and inserting ''unless''. Subtitle E--JOLT Act 6 7 8 SEC. 4501. SHORT TITLES. This subtitle may be cited as the ''Jobs Originated 9 through Launching Travel Act of 2013'' or the ''JOLT 10 Act of 2013''. 11 12 SEC. 4502. PREMIUM PROCESSING. Section 221 (8 U.S.C. 1201) is amended by inserting 13 at the end the following: 14 15 ''(j) PREMIUM PROCESSING.-- ''(1) PILOT PROCESSING SERVICE.--Recog- 16 nizing that the best solution for expedited processing 17 is low interview wait times for all applicants, the 18 Secretary of State shall nevertheless establish, on a 19 limited, pilot basis only, a fee-based premium proc- 20 essing service to expedite interview appointments. In 21 establishing a pilot processing service, the Secretary 22 may-- 23 24 25 26 ''(A) determine the consular posts at which the pilot service will be available; ''(B) establish the duration of the pilot service; EAS13500 S.L.C. 740 1 ''(C) define the terms and conditions of the 2 pilot service, with the goal of expediting visa 3 appointments and the interview process for 4 those electing to pay said fee for the service; 5 and 6 ''(D) resources permitting, during the pilot 7 service, consider the addition of consulates in 8 locations advantageous to foreign policy objec- 9 tives or in highly populated locales. 10 11 ''(2) FEES.-- ''(A) AUTHORITY TO COLLECT.--The Sec- 12 retary of State is authorized to collect, and set 13 the amount of, a fee imposed for the premium 14 processing service. The Secretary of State shall 15 set the fee based on all relevant considerations 16 including, the cost of expedited service. 17 ''(B) USE OF FEES.--Fees collected under 18 the authority of subparagraph (A) shall be de- 19 posited as an offsetting collection to any De- 20 partment of State appropriation, to recover the 21 costs of providing consular services. Such fees 22 shall remain available for obligation until ex- 23 pended. 24 25 ''(C) RELATIONSHIP TO OTHER FEES.-- Such fee is in addition to any existing fee cur- EAS13500 S.L.C. 741 1 rently being collected by the Department of 2 State. ''(D) NONREFUNDABLE.--Such fee will be 3 4 nonrefundable to the applicant. 5 ''(3) DESCRIPTION OF PREMIUM PROC- 6 ESSING.--Premium 7 expedited scheduling of a visa interview. Utilizing 8 the premium processing service for an expedited 9 interview appointment does not establish the appli- 10 cant's eligibility for a visa. The Secretary of State 11 shall, if possible, inform applicants utilizing the pre- 12 mium processing of potential delays in visa issuance 13 due to additional screening requirements, including 14 necessary security-related checks and clearances. 15 ''(4) REPORT processing pertains solely to the TO CONGRESS.-- ''(A) REQUIREMENT 16 FOR REPORT.--Not 17 later than 18 months after the date of the en- 18 actment of the JOLT Act of 2013, the Sec- 19 retary of State shall submit to the appropriate 20 committees of Congress a report on the results 21 of the pilot service carried out under this sec- 22 tion. 23 ''(B) APPROPRIATE COMMITTEES OF CON- 24 GRESS DEFINED.--In this paragraph, the term 25 'appropriate committees of Congress' means-- EAS13500 S.L.C. 742 1 ''(i) the Committee on the Judiciary, 2 the Committee on Foreign Relations, and 3 the Committee on Appropriations of the 4 Senate; and 5 ''(ii) the Committee on the Judiciary, 6 the Committee on Foreign Affairs, and the 7 Committee on Appropriations of the House 8 of Representatives.''. 9 10 11 SEC. 4503. ENCOURAGING CANADIAN TOURISM TO THE UNITED STATES. Section 214 (8 U.S.C. 1184), as amended by sections 12 3609, 4233, and 4405, is further amended by adding at 13 the end the following: 14 15 ''(v) CANADIAN RETIREES.-- ''(1) IN GENERAL.--The Secretary of Homeland 16 Security may admit as a visitor for pleasure as de- 17 scribed in section 101(a)(15)(B) any alien for a pe- 18 riod not to exceed 240 days, if the alien dem- 19 onstrates, to the satisfaction of the Secretary, that 20 the alien-- 21 ''(A) is a citizen of Canada; 22 ''(B) is at least 55 years of age; 23 ''(C) maintains a residence in Canada; 24 ''(D) owns a residence in the United States 25 or has signed a rental agreement for accom- EAS13500 S.L.C. 743 1 modations in the United States for the duration 2 of the alien's stay in the United States; 3 ''(E) is not inadmissible under section 212; 4 ''(F) is not described in any ground of de- 5 6 7 portability under section 237; ''(G) will not engage in employment or labor for hire in the United States; and 8 ''(H) will not seek any form of assistance 9 or benefit described in section 403(a) of the 10 Personal Responsibility and Work Opportunity 11 Reconciliation Act of 1996 (8 U.S.C. 1613(a)). 12 ''(2) SPOUSE.--The spouse of an alien de- 13 scribed in paragraph (1) may be admitted under the 14 same terms as the principal alien if the spouse satis- 15 fies the requirements of paragraph (1), other than 16 subparagraph (D). 17 ''(3) IMMIGRANT INTENT.--In determining eli- 18 gibility for admission under this subsection, mainte- 19 nance of a residence in the United States shall not 20 be considered evidence of intent by the alien to 21 abandon the alien's residence in Canada. 22 ''(4) PERIOD OF ADMISSION.--During any sin- 23 gle 365-day period, an alien may be admitted as de- 24 scribed in section 101(a)(15)(B) pursuant to this 25 subsection for a period not to exceed 240 days, be- EAS13500 S.L.C. 744 1 ginning on the date of admission. Periods of time 2 spent outside the United States during such 240-day 3 period shall not toll the expiration of such 240-day 4 period.''. 5 6 SEC. 4504. RETIREE VISA. (a) NONIMMIGRANT STATUS.--Section 101(a)(15) is 7 amended by inserting after subparagraph (W) the fol8 lowing: 9 ''(Y) subject to section 214(w), an alien 10 who, after the date of the enactment of the 11 JOLT Act of 2013-- 12 ''(i)(I) uses at least $500,000 in cash 13 to purchase 1 or more residences in the 14 United States, which each sold for more 15 than 100 percent of the most recent ap- 16 praised value of such residence, as deter- 17 mined by the property assessor in the city 18 or county in which the residence is located; 19 ''(II) maintains ownership of residen- 20 tial property in the United States worth at 21 least $500,000 during the entire period the 22 alien remains in the United States as a 23 nonimmigrant described in this subpara- 24 graph; and EAS13500 S.L.C. 745 1 ''(III) resides for more than 180 days 2 per year in a residence in the United 3 States that is worth at least $250,000; and 4 ''(ii) the alien spouse and children of 5 the alien described in clause (i) if accom- 6 panying or following to join the alien.''. (b) VISA APPLICATION PROCEDURES.--Section 214 7 8 (8 U.S.C. 1184), as amended by sections 3609, 4233, 9 4405, and 4503, is further amended by adding at the end 10 the following: ''(w) VISAS 11 12 TION OF NONIMMIGRANTS DESCRIBED IN SEC- 101(a)(15)(Y).-- 13 ''(1) The Secretary of Homeland Security shall 14 authorize the issuance of a nonimmigrant visa to 15 any alien described in section 101(a)(15)(Y) who 16 submits a petition to the Secretary that dem- 17 onstrates, to the satisfaction of the Secretary, that 18 the alien-- 19 ''(A) has purchased a residence in the 20 United States that meets the criteria set forth 21 in section 101(a)(15)(Y)(i); 22 ''(B) is at least 55 years of age; 23 ''(C) possesses health insurance coverage; 24 ''(D) is not inadmissible under section 212; 25 and EAS13500 S.L.C. 746 1 ''(E) will comply with the terms set forth 2 in paragraph (2). 3 ''(2) An alien who is issued a visa under this 4 subsection-- 5 ''(A) shall reside in the United States at a 6 residence that meets the criteria set forth in 7 section 101(a)(15)(Y)(i) for more than 180 8 days per year; 9 ''(B) is not authorized to engage in em- 10 ployment in the United States, except for em- 11 ployment that is directly related to the manage- 12 ment of the residential property described in 13 section 101(Y)(i)(II); 14 ''(C) is not eligible for any form of assist- 15 ance or benefit described in section 403(a) of 16 the Personal Responsibility and Work Oppor- 17 tunity Reconciliation Act of 1996 (8 U.S.C. 18 1613(a)); and 19 ''(D) may renew such visa every 3 years 20 under the same terms and conditions.''. 21 SEC. 4505. INCENTIVES FOR FOREIGN VISITORS VISITING 22 THE UNITED STATES DURING LOW PEAK SEA- 23 SONS. 24 The Secretary of State shall make publically avail- 25 able, on a monthly basis, historical data, for the previous EAS13500 S.L.C. 747 1 2 years, regarding the availability of visa appointments for 2 each visa processing post, to allow applicants to identify 3 periods of low demand, when wait times tend to be lower. 4 5 6 SEC. 4506. VISA WAIVER PROGRAM ENHANCED SECURITY AND REFORM. (a) DEFINITIONS.--Section 217(c)(1) (8 U.S.C. 7 1187(c)(1)) is amended to read as follows: 8 ''(1) 9 TIONS.-- 10 AUTHORITY TO ''(A) AUTHORITY DESIGNATE; TO DEFINI- DESIGNATE.--The 11 Secretary of Homeland Security, in consultation 12 with the Secretary of State, may designate any 13 country as a program country if that country 14 meets the requirements under paragraph (2). 15 ''(B) DEFINITIONS.--In this subsection: 16 ''(i) APPROPRIATE CONGRESSIONAL 17 COMMITTEES.--The term 'appropriate con- 18 gressional committees' means-- 19 ''(I) the Committee on Foreign 20 Relations, the Committee on Home- 21 land Security and Governmental Af- 22 fairs, and the Committee on the Judi- 23 ciary of the Senate; and 24 ''(II) the Committee on Foreign 25 Affairs, the Committee on Homeland EAS13500 S.L.C. 748 1 Security, and the Committee on the 2 Judiciary of the House of Representa- 3 tives. 4 ''(ii) OVERSTAY 5 RATE.-- ''(I) INITIAL DESIGNATION.--The 6 term 'overstay rate' means, with re- 7 spect to a country being considered 8 for designation in the program, the 9 ratio of-- 10 ''(aa) the number of nation- 11 als of that country who were ad- 12 mitted to the United States on 13 the basis of a nonimmigrant visa 14 under 15 whose periods of authorized stay 16 ended during a fiscal year but 17 who remained unlawfully in the 18 United States beyond such peri- 19 ods; to section 101(a)(15)(B) 20 ''(bb) the number of nation- 21 als of that country who were ad- 22 mitted to the United States on 23 the basis of a nonimmigrant visa 24 under section 101(a)(15)(B) EAS13500 S.L.C. 749 1 whose periods of authorized stay 2 ended during that fiscal year. 3 ''(II) CONTINUING term DESIGNA- 4 TION.--The 'overstay rate' 5 means, for each fiscal year after ini- 6 tial designation under this section 7 with respect to a country, the ratio 8 of-- 9 ''(aa) the number of nation- 10 als of that country who were ad- 11 mitted to the United States 12 under this section or on the basis 13 of a nonimmigrant visa under 14 section 101(a)(15)(B) whose pe- 15 riods of authorized stay ended 16 during a fiscal year but who re- 17 mained unlawfully in the United 18 States beyond such periods; to 19 ''(bb) the number of nation- 20 als of that country who were ad- 21 mitted to the United States 22 under this section or on the basis 23 of a nonimmigrant visa under 24 section 101(a)(15)(B) whose pe- EAS13500 S.L.C. 750 1 riods of authorized stay ended 2 during that fiscal year. 3 ''(III) COMPUTATION OF OVER- 4 STAY RATE.--In 5 stay rate for a country, the Secretary 6 of Homeland Security may utilize in- 7 formation from any available data- 8 bases to ensure the accuracy of such 9 rate. ''(iii) PROGRAM 10 determining the over- COUNTRY.--The term 11 'program country' means a country des- 12 ignated as a program country under sub- 13 paragraph (A).''. 14 (b) TECHNICAL AND CONFORMING AMENDMENTS.-- 15 Section 217 (8 U.S.C. 1187) is amended-- 16 (1) by striking ''Attorney General'' each place 17 the term appears (except in subsection (c)(11)(B)) 18 and inserting ''Secretary of Homeland Security''; 19 and 20 (2) in subsection (c)-- 21 (A) in paragraph (2)(C)(iii), by striking 22 ''Committee on the Judiciary and the Com- 23 mittee on International Relations of the House 24 of Representatives and the Committee on the 25 Judiciary and the Committee on Foreign Rela- EAS13500 S.L.C. 751 1 tions of the Senate'' and inserting ''appropriate 2 congressional committees''; 3 (B) in paragraph (5)(A)(i)(III), by striking 4 ''Committee on the Judiciary, the Committee on 5 Foreign Affairs, and the Committee on Home- 6 land Security, of the House of Representatives 7 and the Committee on the Judiciary, the Com- 8 mittee on Foreign Relations, and the Com- 9 mittee on Homeland Security and Govern- 10 mental Affairs of the Senate'' and inserting 11 ''appropriate congressional committees''; and (C) in paragraph (7), by striking subpara- 12 graph (E). 13 (c) DESIGNATION 14 15 16 ON OF PROGRAM COUNTRIES BASED OVERSTAY RATES.-- (1) IN GENERAL.--Section 217(c)(2)(A) (8 17 U.S.C. 1187(c)(2)(A)) is amended to read as fol- 18 lows: 19 ''(A) 20 GENERAL TIONS.-- NUMERICAL LIMITA- 21 ''(i) LOW 22 FUSAL RATE.--The 23 of that country refused nonimmigrant visas 24 under section 101(a)(15)(B) during the 25 previous full fiscal year was not more than NONIMMIGRANT VISA RE- percentage of nationals EAS13500 S.L.C. 752 1 3 percent of the total number of nationals 2 of that country who were granted or re- 3 fused nonimmigrant visas under such sec- 4 tion during such year. ''(ii) LOW 5 NONIMMIGRANT OVERSTAY 6 RATE.--The 7 was not more than 3 percent during the 8 previous fiscal year.''. 9 (2) overstay rate for that country QUALIFICATION CRITERIA.--Section 10 217(c)(3) (8 U.S.C. 1187(c)(3)) is amended to read 11 as follows: 12 ''(3) QUALIFICATION CRITERIA.--After designa- 13 tion as a program country under section 217(c)(2), 14 a country may not continue to be designated as a 15 program country unless the Secretary of Homeland 16 Security, in consultation with the Secretary of State, 17 determines, pursuant to the requirements under 18 paragraph (5), that the designation will be contin- 19 ued.''. 20 21 22 (3) INITIAL PERIOD.--Section 217(c) is further amended by striking paragraph (4). (4) CONTINUING DESIGNATION.--Section 23 217(c)(5)(A)(i)(II) (8 U.S.C. 1187(c)(5)(A)(i)(II)) is 24 amended to read as follows: EAS13500 S.L.C. 753 1 ''(II) shall determine, 2 based upon the evaluation in 3 subclause (I), whether any 4 such designation under sub- 5 section (d) or (f), or proba- 6 tion under subsection (f), 7 ought to be continued or ter- 8 minated;''. 9 (5) COMPUTATION OF VISA REFUSAL RATES; REVIEW.--Section 217(c)(6) (8 U.S.C. 10 JUDICIAL 11 1187(c)(6)) is amended to read as follows: 12 13 14 ''(6) COMPUTATION OF VISA REFUSAL RATES AND JUDICIAL REVIEW.-- ''(A) COMPUTATION OF VISA REFUSAL 15 RATES.--For 16 bility of a country to be designated as a pro- 17 gram country, the calculation of visa refusal 18 rates shall not include any visa refusals which 19 incorporate any procedures based on, or are 20 otherwise based on, race, sex, or disability, un- 21 less otherwise specifically authorized by law or 22 regulation. 23 purposes of determining the eligi- ''(B) JUDICIAL REVIEW.--No court shall 24 have jurisdiction under this section to review 25 any visa refusal, the Secretary of State's com- EAS13500 S.L.C. 754 1 putation of a visa refusal rate, the Secretary of 2 Homeland Security's computation of an over- 3 stay rate, or the designation or nondesignation 4 of a country as a program country.''. 5 (6) 6 7 8 9 VISA WAIVER INFORMATION.--Section 217(c)(7) (8 U.S.C. 1187(c)(7)) is amended-- (A) by striking subparagraphs (B) through (D); and (B) by striking ''WAIVER INFORMATION.-- 10 '' and all that follows through ''In refusing'' 11 and inserting ''WAIVER 12 fusing''. 13 (7) WAIVER 14 15 INFORMATION.--In AUTHORITY.--Section re- 217(c)(8) (8 U.S.C. 1187(c)(8)) is amended to read as follows: ''(8) WAIVER AUTHORITY.--The Secretary of 16 Homeland Security, in consultation with the Sec- 17 retary of State, may waive the application of para- 18 graph (2)(A)(i) for a country if-- 19 20 ''(A) the country meets all other requirements of paragraph (2); 21 ''(B) the Secretary of Homeland Security 22 determines that the totality of the country's se- 23 curity risk mitigation measures provide assur- 24 ance that the country's participation in the pro- 25 gram would not compromise the law enforce- EAS13500 S.L.C. 755 1 ment, security interests, or enforcement of the 2 immigration laws of the United States; 3 ''(C) there has been a general downward 4 trend in the percentage of nationals of the 5 country refused nonimmigrant visas under sec- 6 tion 101(a)(15)(B); 7 ''(D) the country consistently cooperated 8 with the Government of the United States on 9 counterterrorism initiatives, information shar- 10 ing, preventing terrorist travel, and extradition 11 to the United States of individuals (including 12 the country's own nationals) who commit 13 crimes that violate United States law before the 14 date of its designation as a program country, 15 and the Secretary of Homeland Security and 16 the Secretary of State assess that such coopera- 17 tion is likely to continue; and 18 ''(E) the percentage of nationals of the 19 country refused a nonimmigrant visa under sec- 20 tion 101(a)(15)(B) during the previous full fis- 21 cal year was not more than 10 percent of the 22 total number of nationals of that country who 23 were granted or refused such nonimmigrant 24 visas.''. EAS13500 S.L.C. 756 1 (d) TERMINATION OF DESIGNATION; PROBATION.-- 2 Section 217(f) (8 U.S.C. 1187(f)) is amended to read as 3 follows: 4 5 6 ''(f) TERMINATION OF DESIGNATION; PROBATION.-- ''(1) DEFINITIONS.--In this subsection: ''(A) PROBATIONARY PERIOD.--The term 7 'probationary period' means the fiscal year in 8 which a probationary country is placed in pro- 9 bationary status under this subsection. 10 ''(B) PROGRAM COUNTRY.--The term 'pro- 11 gram country' has the meaning given that term 12 in subsection (c)(1)(B). 13 ''(2) DETERMINATION, 14 15 NOTICE, AND INITIAL PROBATIONARY PERIOD.-- ''(A) DETERMINATION OF PROBATIONARY 16 STATUS AND NOTICE OF NONCOMPLIANCE.--As 17 part of each program country's periodic evalua- 18 tion required by subsection (c)(5)(A), the Sec- 19 retary of Homeland Security shall determine 20 whether a program country is in compliance 21 with the program requirements under subpara- 22 graphs (A)(ii) through (F) of subsection (c)(2). 23 ''(B) INITIAL PROBATIONARY PERIOD.--If 24 the Secretary of Homeland Security determines 25 that a program country is not in compliance EAS13500 S.L.C. 757 1 with the program requirements under subpara- 2 graphs (A)(ii) through (F) of subsection (c)(2), 3 the Secretary of Homeland Security shall place 4 the program country in probationary status for 5 the fiscal year following the fiscal year in which 6 the periodic evaluation is completed. 7 ''(3) ACTIONS AT THE END OF THE INITIAL 8 PROBATIONARY PERIOD.--At 9 probationary period of a country under paragraph 10 (2)(B), the Secretary of Homeland Security shall 11 take 1 of the following actions: 12 ''(A) COMPLIANCE the end of the initial DURING INITIAL PROBA- 13 TIONARY PERIOD.--If the Secretary determines 14 that all instances of noncompliance with the 15 program requirements under subparagraphs 16 (A)(ii) through (F) of subsection (c)(2) that 17 were identified in the latest periodic evaluation 18 have been remedied by the end of the initial 19 probationary period, the Secretary shall end the 20 country's probationary period. 21 ''(B) NONCOMPLIANCE 22 PROBATIONARY PERIOD.--If 23 termines that any instance of noncompliance 24 with the program requirements under subpara- 25 graphs (A)(ii) through (F) of subsection (c)(2) DURING INITIAL the Secretary de- EAS13500 S.L.C. 758 1 that were identified in the latest periodic eval- 2 uation has not been remedied by the end of the 3 initial probationary period-- 4 ''(i) the Secretary may terminate the 5 country's participation in the program; or 6 ''(ii) on an annual basis, the Secretary 7 may continue the country's probationary 8 status if the Secretary, in consultation 9 with the Secretary of State, determines 10 that the country's continued participation 11 in the program is in the national interest 12 of the United States. 13 ''(4) ACTIONS AT THE END OF ADDITIONAL 14 PROBATIONARY PERIODS.--At 15 tionary periods granted to a country pursuant to 16 paragraph (3)(B)(ii), the Secretary shall take 1 of 17 the following actions: 18 ''(A) COMPLIANCE the end of all proba- DURING ADDITIONAL 19 PERIOD.--The Secretary shall end the country's 20 probationary status if the Secretary determines 21 during the latest periodic evaluation required by 22 subsection (c)(5)(A) that the country is in com- 23 pliance with the program requirements under 24 subparagraphs (A)(ii) through (F) of subsection 25 (c)(2). EAS13500 S.L.C. 759 1 ''(B) NONCOMPLIANCE DURING ADDI- 2 TIONAL PERIODS.--The 3 nate the country's participation in the program 4 if the Secretary determines during the latest 5 periodic 6 (c)(5)(A) that the program country continues to 7 be in noncompliance with the program require- 8 ments under subparagraphs (A)(ii) through (F) 9 of subsection (c)(2). 10 evaluation ''(5) EFFECTIVE Secretary shall termi- required DATE.--The by subsection termination of a 11 country's participation in the program under para- 12 graph (3)(B) or (4)(B) shall take effect on the first 13 day of the first fiscal year following the fiscal year 14 in which the Secretary determines that such partici- 15 pation shall be terminated. Until such date, nation- 16 als of the country shall remain eligible for a waiver 17 under subsection (a). 18 ''(6) TREATMENT 19 NATION.--For 20 OF NATIONALS AFTER TERMI- purposes of this subsection and sub- section (d)-- 21 ''(A) nationals of a country whose designa- 22 tion is terminated under paragraph (3) or (4) 23 shall remain eligible for a waiver under sub- 24 section (a) until the effective date of such ter- 25 mination; and EAS13500 S.L.C. 760 1 ''(B) a waiver under this section that is 2 provided to such a national for a period de- 3 scribed in subsection (a)(1) shall not, by such 4 termination, be deemed to have been rescinded 5 or otherwise rendered invalid, if the waiver is 6 granted prior to such termination. 7 ''(7) CONSULTATIVE ROLE OF THE SECRETARY 8 OF STATE.--In 9 paragraphs (A)(ii) through (F) of subsection (c)(2) 10 and subsection (c)(5)(A) carry with them the con- 11 sultative role of the Secretary of State as provided 12 in those provisions.''. 13 (e) REVIEW 14 OLOGY.--Not this subsection, references to sub- OF OVERSTAY TRACKING METHOD- later than 180 days after the date of the 15 enactment of this Act, the Comptroller General of the 16 United States shall conduct a review of the methods used 17 by the Secretary-- 18 19 20 (1) to track aliens entering and exiting the United States; and (2) to detect any such alien who stays longer 21 than such alien's period of authorized admission. 22 (f) EVALUATION OF ELECTRONIC SYSTEM FOR 23 TRAVEL AUTHORIZATION.--Not later than 90 days after 24 the date of the enactment of this Act, the Secretary shall 25 submit to Congress-- EAS13500 S.L.C. 761 1 (1) an evaluation of the security risks of aliens 2 who enter the United States without an approved 3 Electronic 4 verification; and System for Travel Authorization 5 (2) a description of any improvements needed 6 to minimize the number of aliens who enter the 7 United States without the verification described in 8 paragraph (1). 9 (g) SENSE 10 OF OF CONGRESS ON PRIORITY FOR REVIEW PROGRAM COUNTRIES.--It is the sense of Congress 11 that the Secretary, in the process of conducting evalua12 tions of countries participating in the visa waiver program 13 under section 217 of the Immigration and Nationality Act 14 (8 U.S.C. 1187), should prioritize the reviews of countries 15 in which circumstances indicate that such a review is nec16 essary or desirable. 17 18 SEC. 4507. EXPEDITING ENTRY FOR PRIORITY VISITORS. Section 7208(k)(4) of the Intelligence Reform and 19 Terrorism Prevention Act of 2004 (8 U.S.C. 1365b(k)(4)) 20 is amended to read as follows: 21 22 23 ''(4) EXPEDITING ENTRY FOR PRIORITY VISI- TORS.-- ''(A) IN GENERAL.--The Secretary of 24 Homeland Security may expand the enrollment 25 across registered traveler programs to include EAS13500 S.L.C. 762 1 eligible individuals employed by international 2 organizations, selected by the Secretary, which 3 maintain strong working relationships with the 4 United States. 5 ''(B) REQUIREMENTS.--An individual may 6 not be enrolled in a registered traveler program 7 unless-- 8 ''(i) the individual is sponsored by an 9 international organization selected by the 10 Secretary under subparagraph (A); and 11 ''(ii) the government that issued the 12 passport that the individual is using has 13 entered into a Trusted Traveler Arrange- 14 ment with the Department of Homeland 15 Security to participate in a registered trav- 16 eler program. 17 ''(C) SECURITY REQUIREMENTS.--An indi- 18 vidual may not be enrolled in a registered trav- 19 eler program unless the individual has success- 20 fully completed all applicable security require- 21 ments established by the Secretary, including 22 cooperation from the applicable foreign govern- 23 ment, to ensure that the individual does not 24 pose a risk to the United States. EAS13500 S.L.C. 763 1 ''(D) DISCRETION.--Except as provided in 2 subparagraph (E), the Secretary shall retain 3 unreviewable discretion to offer or revoke en- 4 rollment in a registered traveler program to any 5 individual. 6 ''(E) INELIGIBLE TRAVELERS.--An indi- 7 vidual who is a citizen of a state sponsor of ter- 8 rorism (as defined in section 301(13) of the 9 Comprehensive Iran Sanctions, Accountability, 10 and Divestment Act of 2010 (22 U.S.C. 11 8541(13)) may not be enrolled in a registered 12 traveler program.''. 13 14 SEC. 4508. VISA PROCESSING. (a) IN GENERAL.--Notwithstanding any other provi- 15 sion of law and not later than 90 days after the date of 16 the enactment of this Act, the Secretary of State shall-- 17 18 (1) require United States diplomatic and consular missions-- 19 (A) to conduct visa interviews for non- 20 immigrant visa applications determined to re- 21 quire a consular interview in an expeditious 22 manner, consistent with national security re- 23 quirements, and in recognition of resource allo- 24 cation considerations, such as the need to en- EAS13500 S.L.C. 764 1 sure provision of consular services to citizens of 2 the United States; 3 (B) to set a goal of interviewing 80 percent 4 of all nonimmigrant visa applicants, worldwide, 5 within 3 weeks of receipt of application, subject 6 to the conditions outlined in subparagraph (A); 7 and 8 (C) to explore expanding visa processing 9 capacity in China and Brazil, with the goal of 10 maintaining interview wait times under 15 work 11 days on a consistent, year-round basis, recog- 12 nizing that demand can spike suddenly and un- 13 predictably and that the first priority of United 14 States missions abroad is the protection of citi- 15 zens of the United States; and 16 (2) submit to the appropriate committees of 17 Congress a detailed strategic plan that describes the 18 resources needed to carry out paragraph (1)(A). 19 (b) APPROPRIATE COMMITTEES OF CONGRESS.--In 20 this section, the term ''appropriate committees of Con21 gress'' means-- 22 (1) the Committee on the Judiciary, the Com- 23 mittee on Foreign Relations, and the Committee on 24 Appropriations of the Senate; and EAS13500 S.L.C. 765 1 (2) the Committee on the Judiciary, the Com- 2 mittee on Foreign Affairs, and the Committee on 3 Appropriations of the House of Representatives. 4 (c) SEMI-ANNUAL REPORT.--Not later than 30 days 5 after the end of the first 6 months after the implementa6 tion of subsection (a), and not later than 30 days after 7 the end of each subsequent quarter, the Secretary of State 8 shall submit to the appropriate committees of Congress 9 a report that provides-- 10 (1) data substantiating the efforts of the Sec- 11 retary of State to meet the requirements and goals 12 described in subsection (a); 13 (2) any factors that have negatively impacted 14 the efforts of the Secretary to meet such require- 15 ments and goals; and 16 (3) any measures that the Secretary plans to 17 implement to meet such requirements and goals. 18 (d) SAVINGS PROVISION.-- 19 (1) IN GENERAL.--Nothing in subsection (a) 20 may be construed to affect a consular officer's au- 21 thority-- 22 (A) to deny a visa application under sec- 23 tion 221(g) of the Immigration and Nationality 24 Act (8 U.S.C. 1201(g)); or EAS13500 S.L.C. 766 (B) to initiate any necessary or appro- 1 2 priate security-related check or clearance. 3 (2) SECURITY CHECKS.--The completion of a 4 security-related check or clearance shall not be sub- 5 ject to the time limits set out in subsection (a). 6 7 Subtitle F--Reforms to the H-2B Visa Program 8 SEC. 4601. EXTENSION OF RETURNING WORKER EXEMP- 9 10 TION TO H-2B NUMERICAL LIMITATION. (a) IN GENERAL.-- (1) IN 11 GENERAL.--Subparagraph (A) of para- 12 graph (10) of section 214(g) (8 U.S.C. 1184(g)), as 13 redesignated by section 4101(a)(3), is amended by 14 striking ''fiscal year 2004, 2005, or 2006'' and in- 15 serting ''fiscal year 2013 shall not again be counted 16 toward such limitation during fiscal years 2014 17 through 2018.''. (2) 18 EFFECTIVE PERIOD.--The amendment 19 made by paragraph (1) shall be effective during the 20 period beginning on the effective date described in 21 subsection (c) and ending on September 30, 2018. 22 (b) TECHNICAL AND CLARIFYING AMENDMENTS.-- (1) 23 NONIMMIGRANT STATUS.--Section 24 101(a)(15)(P) (8 U.S.C. 1101(a)(15)(P)) is amend- 25 ed-- EAS13500 S.L.C. 767 (A) in clause (iii), by striking ''or'' at the 1 2 end; 3 (B) in clause (iv), by striking ''clause (i), 4 (ii), or (iii),'' and inserting ''clause (i), (ii), (iii), 5 or (iv)''; (C) by redesignating ''clause (iv)'' as 6 7 ''clause (v)''; and (D) by inserting after ''clause (iii)'' the fol- 8 9 lowing new clause: 10 ''(iv) is a ski instructor seeking to 11 enter the United States temporarily to per- 12 form instructing services; or''. 13 (2) AUTHORIZED 14 LIMITATION.--Section 15 1184(a)(2)(B)) is amended in the second sentence-- 16 (A) by inserting ''or ski instructors'' after 17 PERIOD OF STAY; NUMERICAL 214(a)(2)(B) (8 U.S.C. ''athletes''; and (B) by inserting ''or ski instructor'' after 18 19 ''athlete''. 20 (3) CONSTRUCTION.--Nothing in the amend- 21 ments made by this subsection may be construed as 22 preventing an alien who is a ski instructor from ob- 23 taining 24 101(a)(15)(H)(ii)(b) of the Immigration and Nation- nonimmigrant status under section EAS13500 S.L.C. 768 1 ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) if such 2 alien is otherwise qualified for such status. 3 (c) EFFECTIVE DATE.--The amendment made by 4 subsection (a) shall take effect as if enacted on January 5 1, 2013. 6 SEC. 4602. OTHER REQUIREMENTS FOR H-2B EMPLOYERS. 7 (a) IN GENERAL.--Section 214 (8 U.S.C. 1184), as 8 amended by sections 3609, 4233, 4405, 4503, and 4504, 9 is further amended by adding at the end the following: 10 11 ''(x) REQUIREMENTS FOR H-2B EMPLOYERS.-- ''(1) H-2B NONIMMIGRANT DEFINED.--In this 12 subsection the term 'H-2B nonimmigrant' means an 13 alien admitted to the United States pursuant to sec- 14 tion 101(a)(15)(H)(ii)(B). 15 ''(2) NON-DISPLACEMENT OF UNITED STATES 16 WORKERS.--An employer who seeks to employ an 17 H-2B nonimmigrant admitted in an occupational 18 classification shall certify and attest that the em- 19 ployer did not displace and will not displace a 20 United States worker employed by the employer in 21 the same metropolitan statistical area where such 22 nonimmigrant will be hired within the period begin- 23 ning 90 days before the start date and ending on the 24 end date for which the employer is seeking the serv- EAS13500 S.L.C. 769 1 ices of such nonimmigrant as specified on an appli- 2 cation for labor certification under this Act. 3 ''(3) TRANSPORTATION COSTS.--The employer 4 shall pay the transportation costs, including reason- 5 able subsistence costs during the period of travel, for 6 an H-2B nonimmigrant hired by the employer-- 7 ''(A) from the place of recruitment to the 8 place of such nonimmigrant's employment; and 9 ''(B) from the place of employment to such 10 nonimmigrant's place of permanent residence or 11 a subsequent worksite. 12 ''(4) PAYMENT OF FEES.--A fee related to the 13 hiring of an H-2B nonimmigrant required to be paid 14 by an employer under this Act shall be paid by the 15 employer and may not be deducted from the wages 16 or other compensation paid to an H-2B non- 17 immigrant. 18 19 20 ''(5) H-2B NONIMMIGRANT LABOR CERTIFI- CATION APPLICATION FEES.-- ''(A) IN GENERAL.--To recover costs of 21 carrying out labor certification activities under 22 the H-2B program, the Secretary of Labor shall 23 impose a $500 fee on an employer that submits 24 an application for an employment certification 25 for aliens granted H-2B nonimmigrant status EAS13500 S.L.C. 770 1 to the Secretary of Labor under this subpara- 2 graph on or after the date that is 30 days after 3 the date of enactment of the Border Security, 4 Economic Opportunity, and Immigration Mod- 5 ernization Act.''. ''(B) USE 6 OF FEES.--The fees collected 7 under subparagraph (A) shall be deposited in 8 the Comprehensive Immigration Reform Trust 9 Fund established under section 6 of the Border 10 Security, Economic Opportunity, and Immigra- 11 tion Modernization Act.''. 12 (b) EXECUTIVES AND MANAGERS.--Section 214 (8 13 U.S.C. 1184) is amended as follows: 14 (1) in subsection (a)(1), by adding at the end 15 ''Aliens admitted under section 101(a)(15) should 16 include-- 17 ''(A) executives and managers employed by a 18 firm or corporation or other legal entity or an affil- 19 iate or subsidiary thereof who are principally sta- 20 tioned abroad and who seek to enter the United 21 States for periods of 90 days or less to oversee and 22 observe the United States operations of their related 23 companies, and establish strategic objectives when 24 needed; or EAS13500 S.L.C. 771 1 ''(B) employees of multinational corporations 2 who enter the United States to observe the oper- 3 ations of a related United States company and par- 4 ticipate in select leadership and development train- 5 ing activities, whether or not the activity is part of 6 a formal or classroom training program for a period 7 not to exceed 180 days. 8 Nonimmigrant aliens admitted pursuant to section 9 101(a)(15) and engaged in the activities described in 10 the subparagraph (A) or (B) may not receive a sal- 11 ary from a United States source, except for inci- 12 dental expenses for meals, travel, lodging and other 13 basic services.''. 14 (c) HONORARIA.--Section 212(q) (8 U.S.C. 1182(q)) 15 is amended to read as follows: 16 ''(q)(1) Any alien admitted under section 17 101(a)(15)(B) may accept an honorarium payment and 18 associated incidental expenses, for a usual academic activ19 ity or activities (lasting not longer than 9 days at any sin20 gle institution), as defined by the Attorney General in con21 sultation with the Secretary of Education, or for a per22 formance, appearance and participation in United States 23 based programming, including scripted or unscripted pro24 gramming (with services not rendered for more than 60 25 days in a 6 month period) if the alien has received a letter EAS13500 S.L.C. 772 1 of invitation from the institution, organization, or media 2 outlet, such payment is offered by an institution, organiza3 tion, or media outlet described in paragraph (2) and is 4 made for services conducted for the benefit of that institu5 tion, entity or media outlet and if the alien has not accept6 ed such payment or expenses from more than 5 institu7 tions, organizations, or media outlets in the previous 68 month period. Any alien who is admitted under section 9 101(a)(15)(B) or any other valid visa may perform serv10 ices under this section without reentering the United 11 States and without a letter of invitation, if the alien does 12 not receive any remuneration including an honorarium 13 payment or incidental expenses, but may receive prize 14 money. 15 ''(2) An institution, organization, or media outlet de- 16 scribed in this paragraph-- 17 ''(A) an institution of higher education (as de- 18 fined in section 101(a) of the Higher Education Act 19 of 1965 (20 U.S.C. 1001(a))) or a related or affili- 20 ated nonprofit entity; 21 22 ''(B) a nonprofit research organization or a Governmental research organization; and 23 ''(C) a broadcast network, cable entity, produc- 24 tion company, new media, internet and mobile based EAS13500 S.L.C. 773 1 companies, who create or distribute programming 2 content.''. 3 4 5 SEC. 4603. NONIMMIGRANTS PARTICIPATING IN RELIEF OPERATIONS. Section 214 (8 U.S.C. 1184), as amended by sections 6 3609, 4233, 4405, 4503, 4504, and 4602, is further 7 amended by adding at the end following: 8 ''(y) NONIMMIGRANTS PARTICIPATING IN RELIEF 9 OPERATIONS.-- 10 ''(1) IN GENERAL.--An alien coming individ- 11 ually, or aliens coming as a group, to participate in 12 relief operations, including critical infrastructure re- 13 pairs or improvements, needed in response to a Fed- 14 eral or State declared emergency or disaster, may be 15 admitted to the United States pursuant to section 16 101(a)(15)(B) for a period of not more than 90 days 17 if each such alien has been employed in a foreign 18 country by 1 employer for not less than 1 year prior 19 to the date the alien is so admitted. 20 ''(2) PROHIBITION ON INCOME FROM A UNITED 21 STATES SOURCE.--During a period of admission 22 pursuant to paragraph (1), an alien may not receive 23 income from a United States source, except for inci- 24 dental expenses for meals, travel, lodging, and other 25 basic services.''. EAS13500 S.L.C. 774 1 SEC. 4604. NONIMMIGRANTS PERFORMING MAINTENANCE 2 ON COMMON CARRIERS. Section 214 (8 U.S.C. 1184), as amended by sections 3 4 3609, 4233, 4405, 4503, 4504, 4602, and 4603, is further 5 amended by adding at the end following: ''(z) NONIMMIGRANTS PERFORMING MAINTENANCE 6 7 8 ON COMMON CARRIER.-- ''(1) IN GENERAL.--An alien coming individ- 9 ually, or aliens coming as a group, who possess spe- 10 cialized knowledge to perform maintenance or re- 11 pairs for common carriers, including to airlines, 12 cruise lines, and railways, if such maintenance or re- 13 pairs are occurring to equipment or machinery man- 14 ufactured outside of the United States and are need- 15 ed for purposes relating to life, health, and safety, 16 may be admitted to the United States pursuant to 17 section 101(a)(15)(B) for a period of not more than 18 90 days if each such alien has been employed in a 19 foreign country by 1 employer for not less than 1 20 year prior to the date the alien is so admitted. 21 ''(2) PROHIBITION ON INCOME FROM A UNITED 22 STATES SOURCE.--During a period of admission 23 pursuant to paragraph (1), an alien may not receive 24 a income from a United States source, except for in- 25 cidental expenses for meals, travel, lodging, and 26 other basic services. EAS13500 S.L.C. 775 1 ''(3) FEE.-- ''(A) IN 2 GENERAL.--An alien admitted 3 pursuant to paragraph (1) shall pay a fee of 4 $500. ''(B) USE 5 OF FEE.--The fees collected 6 under subparagraph (A) shall be deposited in 7 the Comprehensive Immigration Reform Trust 8 Fund established under section 6 of the Border 9 Security, Economic Opportunity, and Immigra- 10 tion Modernization Act''. 11 Subtitle G--W Nonimmigrant Visas 12 SEC. 4701. BUREAU OF IMMIGRATION AND LABOR MARKET 13 14 RESEARCH. (a) DEFINITIONS.--In this section: 15 (1) BUREAU.--Except as otherwise specifically 16 provided, the term ''Bureau'' means the Bureau of 17 Immigration and Labor Market Research established 18 under subsection (b). 19 20 21 (2) COMMISSIONER.--The term ''Commis- sioner'' means the Commissioner of the Bureau. (3) CONSTRUCTION OCCUPATION.--The term 22 ''construction occupation'' means an occupation de- 23 fined by the Bureau of Labor Statistics as being 24 within the construction industry for the purposes of 25 publishing the Bureau's workforce statistics. EAS13500 S.L.C. 776 1 (4) METROPOLITAN STATISTICAL AREA.--The 2 term ''metropolitan statistical area'' means a geo- 3 graphic area designated as a metropolitan statistical 4 area by the Director of the Office of Management 5 and Budget. 6 (5) SHORTAGE OCCUPATION.--The term ''short- 7 age occupation'' means an occupation that the Com- 8 missioner determines is experiencing a shortage of 9 labor-- 10 (A) throughout the United States; or 11 (B) in a specific metropolitan statistical 12 area. 13 (6) W VISA PROGRAM.--The term ''W visa pro- 14 gram'' means the program for the admission of non- 15 immigrant aliens described in subparagraph (W)(i) 16 of section 101(a)(15) of the Immigration and Na- 17 tionality Act (8 U.S.C. 1101(a)(15)), as added by 18 section 4702. 19 (7) ZONE 1 OCCUPATION.--The term ''zone 1 20 occupation'' means an occupation that requires little 21 or no preparation and is classified as a zone 1 occu- 22 pation on-- 23 (A) the Occupational Information Network 24 Database (O*NET) on the date of the enact- 25 ment of this Act; or EAS13500 S.L.C. 777 1 (B) such Database or a similar successor 2 database, as designated by the Secretary of 3 Labor, after the date of the enactment of this 4 Act. 5 (8) ZONE 2 OCCUPATION.--The term ''zone 2 6 occupation'' means an occupation that requires some 7 preparation and is classified as a zone 2 occupation 8 on-- 9 (A) the Occupational Information Network 10 Database (O*NET) on the date of the enact- 11 ment of this Act; or 12 (B) such Database or a similar successor 13 database, as designated by the Secretary of 14 Labor, after the date of the enactment of this 15 Act. 16 (9) ZONE 3 OCCUPATION.--The term ''zone 3 17 occupation'' means an occupation that requires me- 18 dium preparation and is classified as a zone 3 occu- 19 pation on-- 20 (A) the Occupational Information Network 21 Database (O*NET) on the date of the enact- 22 ment of this Act; or 23 (B) such Database or a similar successor 24 database, as designated by the Secretary of EAS13500 S.L.C. 778 1 Labor, after the date of the enactment of this 2 Act. 3 (b) ESTABLISHMENT.--There is established a Bureau 4 of Immigration and Labor Market Research as an inde5 pendent statistical agency within U.S. Citizenship and Im6 migration Services. 7 (c) COMMISSIONER.--The head of the Bureau of Im- 8 migration and Labor Market Research is the Commis9 sioner, who shall be appointed by the President, by and 10 with the advice and consent of the Senate. 11 (d) DUTIES.--The duties of the Commissioner are 12 limited to the following: 13 (1) To devise a methodology subject to publica- 14 tion in the Federal Register and an opportunity for 15 public comment to determine the annual change to 16 the numerical limitation for nonimmigrant aliens de- 17 scribed in subparagraph (W)(i) of section 101(a)(15) 18 of the Immigration and Nationality Act (8 U.S.C. 19 1101(a)(15)), as added by section 4702. 20 (2) To determine and to publish in the Federal 21 Register the annual change to the numerical limita- 22 tion for nonimmigrant aliens described in subpara- 23 graph (W)(i) of section 101(a)(15) of the Immigra- 24 tion and Nationality Act (8 U.S.C. 1101(a)(15)), as 25 added by section 4702. EAS13500 S.L.C. 779 1 (3) With respect to the W visa program, to sup- 2 plement the recruitment methods employers may use 3 to attract such nonimmigrant aliens. 4 (4) With respect to the W visa program, to de- 5 vise a methodology subject to publication in the Fed- 6 eral Register and an opportunity for public comment 7 to designate shortage occupations in zone 1 occupa- 8 tions, zone 2 occupations, and zone 3 occupations. 9 (5) With respect to the W visa program, to des- 10 ignate shortage occupations in any zone 1 occupa- 11 tion, zone 2 occupation, or zone 3 occupation and 12 publish such occupations in the Federal Register. 13 (6) With respect to the W visa program, to con- 14 duct a survey once every 3 months of the unemploy- 15 ment rate of zone 1 occupations, zone 2 occupations, 16 or zone 3 occupations that are construction occupa- 17 tions in each metropolitan statistical area. 18 (7) To study and report to Congress on employ- 19 ment-based immigrant and nonimmigrant visa pro- 20 grams in the United States and to make annual rec- 21 ommendations to improve such programs. 22 (8) To carry out any functions required to 23 carry out the duties described in paragraphs (1) 24 through (7). EAS13500 S.L.C. 780 1 (e) DETERMINATION OF CHANGES TO NUMERICAL 2 LIMITATIONS.--The methodology required under sub3 section (d)(1) shall be published in the Federal Register 4 not later than 18 months after the date of the enactment 5 of this Act. 6 7 8 (f) DESIGNATION OF SHORTAGE OCCUPATIONS.-- (1) METHODS TO DETERMINE.--The Commis- sioner shall-- 9 (A) establish the methodology to designate 10 shortage occupations under subsection (d)(4); 11 and 12 (B) publish such methodology in the Fed- 13 eral Register not later than 18 months after the 14 date of the enactment of this Act. 15 (2) PETITION BY EMPLOYER.--The method- 16 ology established under paragraph (1) shall permit 17 an employer to petition the Commissioner for a de- 18 termination that a particular occupation in a par- 19 ticular metropolitan statistical area is a shortage oc- 20 cupation. 21 (3) REQUIREMENT FOR NOTICE AND COM- 22 MENT.--The methodology established under para- 23 graph (1) shall be effective only after publication in 24 the Federal Register and an opportunity for public 25 comment. EAS13500 S.L.C. 781 1 (g) EMPLOYEE EXPERTISE.--The employees of the 2 Bureau shall have the expertise necessary to identify labor 3 shortages in the United States and make recommenda4 tions to the Commissioner on the impact of immigrant and 5 nonimmigrant aliens on labor markets in the United 6 States, including expertise in economics, labor markets, 7 demographics and methods of recruitment of United 8 States workers. 9 (h) INTERAGENCY COOPERATION.--At the request of 10 the Commissioner, the Secretary of Commerce, the Direc11 tor of the Bureau of the Census, the Secretary of Labor, 12 and the Commissioner of the Bureau of Labor Statistics 13 shall-- 14 (1) provide data to the Commissioner; 15 (2) conduct appropriate surveys; and 16 (3) assist the Commissioner in preparing the 17 recommendations referred to subsection (d)(5). 18 (i) BUDGET.-- 19 (1) REPORT.--Not later than 1 year after the 20 date of the enactment of this Act, the Director of 21 U.S. Citizenship and Immigration Services shall sub- 22 mit to Congress a report of the estimated budget 23 that the Bureau will need to carry out the duties de- 24 scribed in subsection (d). EAS13500 S.L.C. 782 1 (2) AUDIT.--The Comptroller General of the 2 United States shall submit to Congress a report that 3 is an audit of the budget prepared by the Director 4 under paragraph (1). 5 (j) FUNDING.-- 6 (1) APPROPRIATION OF FUNDS.--There is here- 7 by appropriated, out of any money in the Treasury 8 not otherwise appropriated, $20,000,000 to establish 9 the Bureau. 10 (2) USE OF W NONIMMIGRANT FEES.--The 11 amounts 12 220(e)(6)(B) of the Immigration and Nationality 13 Act, as added by section 4703, shall be used to es- 14 tablish and fund the Bureau. 15 collected (3) OTHER for FEES.--The fees under section Secretary may establish 16 other fees related to the hiring of alien workers and 17 use such fees to fund the Bureau. 18 19 20 SEC. 4702. NONIMMIGRANT CLASSIFICATION FOR W NONIMMIGRANTS. Section 101(a)(15)(W), as added by section 2211, is 21 amended by inserting before clause (iii) the following: 22 ''(i) to perform services or labor for a 23 registered employer in a registered position 24 (as those terms are defined in section EAS13500 S.L.C. 783 1 220(a)) in accordance with the require- 2 ments under section 220; 3 ''(ii) to accompany or follow to join 4 such an alien described in clause (i) as the 5 spouse or child of such alien;''. 6 SEC. 4703. ADMISSION OF W NONIMMIGRANT WORKERS. 7 (a) ADMISSION 8 (1) IN 9 10 11 OF W NONIMMIGRANT WORKERS.-- GENERAL.--Title II (8 U.S.C. 1151 et seq.) is amended by adding at the end the following: ''SEC. 220. ADMISSION OF W NONIMMIGRANT WORKERS. ''(a) DEFINITIONS.--In this section: 12 ''(1) BUREAU.--The term 'Bureau' means the 13 Bureau of Immigration and Labor Market Research 14 established by section 4701 of the Border Security, 15 Economic Opportunity, and Immigration Moderniza- 16 tion Act. 17 ''(2) CERTIFIED ALIEN.--The term 'certified 18 alien' means an alien that the Secretary of State has 19 certified is eligible to be a W nonimmigrant if the 20 alien is hired by a registered employer for a reg- 21 istered position. 22 23 24 25 ''(3) COMMISSIONER.--The term 'Commis- sioner' means the Commissioner of the Bureau. ''(4) CONSTRUCTION OCCUPATION.--The term 'construction occupation' means an occupation de- EAS13500 S.L.C. 784 1 fined by the Bureau of Labor Statistics as being 2 within the construction industry for the purposes of 3 publishing the Bureau's workforce statistics. 4 ''(5) DEPARTMENT.--Except as otherwise pro- 5 vided, the term 'Department' means the Department 6 of Homeland Security. ''(6) ELIGIBLE 7 OCCUPATION.--The term 'eligi- 8 ble occupation' means an eligible occupation de- 9 scribed in subsection (e)(3). 10 ''(7) EMPLOYER.-- 11 ''(A) IN GENERAL.--The term 'employer' 12 means any person or entity hiring an individual 13 for employment in the United States. 14 ''(B) TREATMENT 15 PLOYER.--For 16 number of employees or United States workers 17 employed by an employer, a single entity shall 18 be treated as 1 employer. 19 ''(8) EXCLUDED OF SINGLE EM- purposes of determining the GEOGRAPHIC LOCATION.--The 20 term 'excluded geographic location' means an ex- 21 cluded geographic location described in subsection 22 (f). 23 ''(9) METROPOLITAN STATISTICAL AREA.--The 24 term 'metropolitan statistical area' means a geo- 25 graphic area designated as a metropolitan statistical EAS13500 S.L.C. 785 1 area by the Director of the Office of Management 2 and Budget. 3 ''(10) REGISTERED EMPLOYER.--The term 4 'registered employer' means an employer that the 5 Secretary has designated as a registered employer 6 under subsection (d). 7 ''(11) SECRETARY.--Except as otherwise spe- 8 cifically provided, the term 'Secretary' means the 9 Secretary of Homeland Security. 10 ''(12) SINGLE ENTITY.--The term 'single enti- 11 ty' means any group treated as a single employer 12 under subsection (b), (c), (m), or (o) of section 414 13 of the Internal Revenue Code of 1986. 14 ''(13) SHORTAGE OCCUPATION.--The term 15 'shortage occupation' means a shortage occupation 16 designated by the Commissioner pursuant to section 17 4701(d)(4) of the Border Security, Economic Oppor- 18 tunity, and Immigration Modernization Act. 19 ''(14) SMALL BUSINESS.--The term 'small busi- 20 ness' means an employer that employs 25 or fewer 21 full-time equivalent employees. 22 ''(15) UNITED STATES WORKER.--The term 23 'United States worker' means an individual who is-- 24 ''(A) employed or seeking employment in 25 the United States; and EAS13500 S.L.C. 786 1 ''(B)(i) a national of the United States; 2 ''(ii) an alien lawfully admitted for perma- 3 nent residence; ''(iii) an alien in Registered Provisional 4 5 Immigrant Status; or 6 ''(iv) any other alien authorized to work in 7 the United States with no limitation as to the 8 alien's employer. 9 ''(16) W NONIMMIGRANT.--The term 'W non- 10 immigrant' means an alien admitted as a non- 11 immigrant pursuant to section 101(a)(15)(W)(i). 12 ''(17) W VISA PROGRAM.--The term 'W visa 13 program' means the program for the admission of 14 nonimmigrant 15 101(a)(15)(W)(i). 16 ''(18) ZONE aliens described 1 OCCUPATION.--The in section term 'zone 1 17 occupation' means an occupation that requires little 18 or no preparation and is classified as a zone 1 occu- 19 pation on-- 20 ''(A) the Occupational Information Net- 21 work Database (O*NET) on the date of the en- 22 actment of the Border Security, Economic Op- 23 portunity, and Immigration Modernization Act; 24 or EAS13500 S.L.C. 787 1 ''(B) such Database or a similar successor 2 database, as designated by the Secretary of 3 Labor, after the date of the enactment of the 4 Border Security, Economic Opportunity, and 5 Immigration Modernization Act. 6 ''(19) ZONE 2 OCCUPATION.--The term 'zone 2 7 occupation' means an occupation that requires some 8 preparation and is classified as a zone 2 occupation 9 on-- 10 ''(A) the Occupational Information Net- 11 work Database (O*NET) on the date of the en- 12 actment of the Border Security, Economic Op- 13 portunity, and Immigration Modernization Act; 14 or 15 ''(B) such Database or a similar successor 16 database, as designated by the Secretary of 17 Labor, after the date of the enactment of the 18 Border Security, Economic Opportunity, and 19 Immigration Modernization Act. 20 ''(20) ZONE 3 OCCUPATION.--The term 'zone 3 21 occupation' means an occupation that requires me- 22 dium preparation and is classified as a zone 3 occu- 23 pation on-- 24 ''(A) the Occupational Information Net- 25 work Database (O*NET) on the date of the en- EAS13500 S.L.C. 788 1 actment of the Border Security, Economic Op- 2 portunity, and Immigration Modernization Act; 3 or 4 ''(B) such Database or a similar successor 5 database, as designated by the Secretary of 6 Labor, after the date of the enactment of the 7 Border Security, Economic Opportunity, and 8 Immigration Modernization Act. 9 10 ''(b) ADMISSION INTO THE UNITED STATES.-- ''(1) W NONIMMIGRANTS.--Subject to this sec- 11 tion, a certified alien is eligible to be admitted to the 12 United States as a W nonimmigrant if the alien is 13 hired by a registered employer for employment in a 14 registered position in a location that is not an ex- 15 cluded geographic location. 16 ''(2) SPOUSE AND MINOR CHILDREN.--The 17 alien spouse and minor children of a W non- 18 immigrant-- 19 ''(A) may be admitted to the United States 20 pursuant to clause (ii) of section 101(a)(15)(W) 21 during the period of the principal W non- 22 immigrant's admission; 23 ''(B) is authorized to engage in employ- 24 ment in the United States during such period 25 of admission; and EAS13500 S.L.C. 789 1 ''(C) shall be provided with employment 2 authorization or other appropriate work permit. 3 4 ''(c) W NONIMMIGRANTS.-- ''(1) CERTIFIED ALIEN.-- 5 ''(A) APPLICATION.--An alien seeking to 6 be a W nonimmigrant shall apply to the Sec- 7 retary of State at a United States embassy or 8 consulate in a foreign country to be a certified 9 alien. ''(B) CRITERIA.--An alien is eligible to be 10 11 a certified alien if the alien-- ''(i) is not inadmissible under this 12 Act; 13 ''(ii) passes a criminal background 14 check; 15 ''(iii) agrees to accept only registered 16 positions in the United States; and 17 ''(iv) meets other criteria as estab- 18 lished by the Secretary. 19 20 ''(2) W NONIMMIGRANT STATUS.--Only an alien 21 that is a certified alien may be admitted to the 22 United States as a W nonimmigrant. 23 ''(3) INITIAL EMPLOYMENT.--A W non- 24 immigrant shall report to such nonimmigrant's ini- 25 tial employment in a registered position not later EAS13500 S.L.C. 790 1 than 14 days after such nonimmigrant is admitted 2 to the United States. 3 ''(4) TERM 4 OF ADMISSION.-- ''(A) INITIAL TERM.--A certified alien may 5 be granted W nonimmigrant status for an ini- 6 tial period of 3 years. 7 ''(B) RENEWAL.--A W nonimmigrant may 8 renew his or her status as a W nonimmigrant 9 for additional 3-year periods. Such a renewal 10 may be made while the W nonimmigrant is in 11 the United States and shall not require the 12 alien to depart the United States. 13 ''(5) PERIODS 14 15 16 OF UNEMPLOYMENT.--A W non- immigrant-- ''(A) may be unemployed for a period of not more than 60 consecutive days; and 17 ''(B) shall depart the United States if such 18 W nonimmigrant is unable to obtain such em- 19 ployment during such period. 20 ''(6) TRAVEL.--A W nonimmigrant may travel 21 outside the United States and be readmitted to the 22 United States. Such travel may not extend the pe- 23 riod of authorized admission of such W non- 24 immigrant. 25 ''(d) REGISTERED EMPLOYER.-- EAS13500 S.L.C. 791 1 ''(1) APPLICATION.--An employer seeking to be 2 a registered employer shall submit an application to 3 the Secretary. Each such application shall include 4 the following: ''(A) Documentation to establish that the 5 6 employer is a bona-fide employer. 7 ''(B) The employer's Federal tax identi- 8 fication number or employer identification num- 9 ber registered with the Internal Revenue Serv- 10 ice. 11 ''(C) The number of W nonimmigrants the 12 employer estimates it will seek to employ annu- 13 ally. 14 ''(2) REFERRAL FOR FRAUD INVESTIGATION.-- 15 The Secretary may refer an application submitted 16 under paragraph (1) or subsection (e)(1)(A) to the 17 Fraud Detection and National Security Directorate 18 of U.S. Citizenship and Immigration Services if 19 there is evidence of fraud for potential investigation. 20 ''(3) INELIGIBLE 21 ''(A) IN EMPLOYERS.-- GENERAL.--Notwithstanding any 22 other applicable penalties under law, the Sec- 23 retary may deny an employer's application to be 24 a registered employer if the Secretary deter- 25 mines, after notice and an opportunity for a EAS13500 S.L.C. 792 1 hearing, that the employer submitting such ap- 2 plication-- 3 ''(i) has, with respect to the applica- 4 tion required under paragraph (1), includ- 5 ing any attestations required by law-- 6 7 8 9 ''(I) knowingly misrepresented a material fact; ''(II) knowingly made a fraudulent statement; or 10 ''(III) knowingly failed to comply 11 with the terms of such attestations; or 12 ''(ii) failed to cooperate in the audit 13 process in accordance with regulations pro- 14 mulgated by the Secretary; 15 ''(iii) has been convicted of an offense 16 set out in chapter 77 of title 18, United 17 States Code, or any conspiracy to commit 18 such offenses, or any human trafficking of- 19 fense under State or territorial law; 20 21 ''(iv) has, within 2 years prior to the date of application-- 22 ''(I) received a final adjudication 23 of having committed any hazardous 24 occupation orders violation resulting 25 in injury or death under the child EAS13500 S.L.C. 793 1 labor provisions contained in section 2 12 of the Fair Labor Standards Act 3 of 1938 (29 U.S.C. 211) and any per- 4 tinent regulation; 5 ''(II) received a final adjudication 6 assessing a civil money penalty for 7 any repeated or willful violation of the 8 minimum wage provisions of section 6 9 of the Fair Labor Standards Act of 10 1938 (29 U.S.C. 206); or 11 ''(III) received a final adjudica- 12 tion assessing a civil money penalty 13 for any repeated or willful violation of 14 the overtime provisions of section 7 of 15 the Fair Labor Standards Act of 16 1938 or any regulations thereunder, 17 other than a repeated violation that is 18 self-reported (29 U.S.C. 207); or 19 ''(v) has, within 2 years prior to the 20 date of application, received a final adju- 21 dication for a willful violation or repeated 22 serious 23 death-- violations involving injury or EAS13500 S.L.C. 794 1 ''(I) of section 5 of the Occupa- 2 tional Safety and Health Act of 1970 3 (29 U.S.C. 654); 4 ''(II) of any standard, rule, or 5 order promulgated pursuant to section 6 6 of the Occupational Safety and 7 Health Act of 1970 (29 U.S.C. 655); 8 or 9 ''(III) of a plan approved under 10 section 18 of the Occupational Safety 11 and Health Act of 1970 (29 U.S.C. 12 667). 13 ''(B) LENGTH 14 OF INELIGIBILITY.-- ''(i) TEMPORARY INELIGIBILITY.--An 15 employer described in subparagraph (A) 16 may be ineligible to be a registered em- 17 ployer for a period that is not less than the 18 time period determined by the Secretary 19 and not more than 3 years. 20 ''(ii) PERMANENT INELIGIBILITY.-- 21 An employer who has been convicted of 22 any offense set out in chapter 77 of title 23 18, United States Code, or any conspiracy 24 to commit such offenses, or any human 25 trafficking offense under State or terri- EAS13500 S.L.C. 795 1 torial law shall be permanently ineligible to 2 be a registered employer. 3 ''(4) TERM OF REGISTRATION.--The Secretary 4 shall approve applications meeting the criteria of 5 this subsection for a term of 3 years. 6 ''(5) RENEWAL.--An employer may submit an 7 application to renew the employer's status as a reg- 8 istered employer for additional 3-year periods. 9 ''(6) FEE.--At the time an employer's applica- 10 tion to be a registered employer or to renew such 11 status is approved, such employer shall pay a fee in 12 an amount determined by the Secretary to be suffi- 13 cient to cover the costs of the registry of such em- 14 ployers. 15 ''(7) CONTINUED ELIGIBILITY.--Each reg- 16 istered employer shall submit to the Secretary an 17 annual report that demonstrates that the registered 18 employer has provided the wages and working condi- 19 tions the registered employer agreed to provide to its 20 employees. 21 ''(e) REGISTERED POSITIONS.-- 22 ''(1) IN GENERAL.-- 23 ''(A) APPLICATION.--Each registered em- 24 ployer shall submit to the Secretary an applica- 25 tion to designate a position for which the em- EAS13500 S.L.C. 796 1 ployer is seeking a W nonimmigrant as a reg- 2 istered position. Each such application shall in- 3 clude a description of each such position. 4 ''(B) ATTESTATION.--An application sub- 5 mitted under subparagraph (A) shall include an 6 attestation of the following: 7 8 ''(i) The number of employees of the employer. 9 ''(ii) The occupational category, as 10 classified by the Secretary of Labor, for 11 which the registered position is sought. 12 ''(iii) Whether the occupation for 13 which the registered position is sought is a 14 shortage occupation. 15 ''(iv) The wages to be paid to W non- 16 immigrants employed by the employer in 17 the registered position, including a position 18 in a shortage occupation, will be the great- 19 er of-- 20 ''(I) the actual wage level paid by 21 the employer to other employees with 22 similar experience and qualifications 23 for such position; or 24 ''(II) the prevailing wage level for 25 the occupational classification of the EAS13500 S.L.C. 797 1 position in the metropolitan statistical 2 area of the employment, based on the 3 best information available as of the 4 time of filing the application. 5 ''(v) The working conditions for W 6 nonimmigrants will not adversely affect the 7 working conditions of other workers em- 8 ployed in similar positions. 9 ''(vi) The employer has carried out 10 the recruiting activities required by para- 11 graph (2)(B). 12 ''(vii) There is no qualified United 13 States worker who has applied for the po- 14 sition and who is ready, willing, and able 15 to fill such position pursuant to the re- 16 quirements in subparagraphs (B) and (C) 17 of paragraph (2). 18 ''(viii) There is not a strike, lockout, 19 or work stoppage in the course of a labor 20 dispute in the occupation at the place of 21 employment at which the W nonimmigrant 22 will be employed. If such strike, lockout, or 23 work stoppage occurs following submission 24 of the application, the employer will pro- EAS13500 S.L.C. 798 1 vide notification in accordance with all ap- 2 plicable regulations. 3 ''(ix)(I) The employer has not laid off 4 and will not layoff a United States worker 5 during the period beginning 90 days prior 6 to and ending 90 days after the date the 7 employer files an application for designa- 8 tion of a position for which the W non- 9 immigrant is sought or hires such W non- 10 immigrant, unless the employer has noti- 11 fied such United States worker of the posi- 12 tion and documented the legitimate rea- 13 sons that such United States worker is not 14 qualified or available for the position. 15 ''(II) A United States worker is not 16 laid off for purposes of this subparagraph 17 if, at the time such worker's employment is 18 terminated, such worker is not employed in 19 the same occupation and in the same met- 20 ropolitan statistical area where the reg- 21 istered position referred to in subclause (I) 22 is located. 23 ''(C) BEST 24 INFORMATION AVAILABLE.--In subparagraph (B)(iv)(II), the term 'best infor- EAS13500 S.L.C. 799 1 mation available', with respect to determining 2 the prevailing wage for a position, means-- 3 ''(i) a controlling collective bargaining 4 agreement or Federal contract wage, if ap- 5 plicable; 6 ''(ii) if there is no applicable wage 7 under clause (i), the wage level commensu- 8 rate with the experience, training, and su- 9 pervision required for the job based on Bu- 10 reau of Labor Statistics data; or 11 ''(iii) if the data referred to in clause 12 (ii) is not available, a legitimate and recent 13 private survey of the wages paid for such 14 positions in the metropolitan statistical 15 area. 16 ''(D) PERMIT.--The Secretary shall pro- 17 vide each registered employer whose application 18 submitted under subparagraph (A) is approved 19 with a permit that includes the number and de- 20 scription of such employer's approved registered 21 positions. 22 ''(E) TERM OF REGISTRATION.--The ap- 23 proval of a registered position under subpara- 24 graph (A) is for a term that begins on the date 25 of such approval and ends on the earlier of-- EAS13500 S.L.C. 800 1 2 3 4 5 6 ''(i) the date the employer's status as a registered employer is terminated; ''(ii) three years after the date of such approval; or ''(iii) upon proper termination of the registered position by the employer. 7 ''(2) REQUIREMENTS.-- 8 ''(A) ELIGIBLE OCCUPATION.--Each reg- 9 istered position shall be for a position in an eli- 10 gible occupation as described in paragraph (3). 11 12 ''(B) RECRUITMENT OF UNITED STATES WORKERS.-- 13 ''(i) REQUIREMENTS.--A position may 14 not be a registered position unless the reg- 15 istered employer-- 16 ''(I) advertises the position for a 17 period of 30 days, including the wage 18 range, location, and proposed start 19 date-- 20 ''(aa) on the Internet 21 website maintained by the Sec- 22 retary of Labor for the purpose 23 of such advertising; and EAS13500 S.L.C. 801 1 ''(bb) with the workforce 2 agency of the State where the po- 3 sition will be located; and 4 ''(II) carries out not less than 3 5 of the recruiting activities described in 6 subparagraph (C). 7 ''(ii) DURATION OF ADVERTISING.-- 8 The 30 day periods required by item (aa) 9 of (bb) of clause (i)(I) may occur at the 10 same time. 11 ''(C) RECRUITING ACTIVITIES.--The re- 12 cruiting activities described in this subpara- 13 graph, with respect to a position for which the 14 employer is seeking a W nonimmigrant, shall 15 consist of any combination of the following as 16 defined by the Secretary of Homeland Security: 17 ''(i) Advertising such position at job 18 19 20 21 22 fairs. ''(ii) Advertising such position on the employer's external website. ''(iii) Advertising such position on job search Internet websites. 23 ''(iv) Advertising such position using 24 presentations or postings at vocational, ca- 25 reer technical schools, community colleges, EAS13500 S.L.C. 802 1 high schools, or other educational or train- 2 ing sites. 3 4 5 6 7 ''(v) Posting such position with trade associations. ''(vi) Utilizing a search firm to seek applicants for such position. ''(vii) Advertising such position 8 through recruitment programs with place- 9 ment offices at vocational schools, career 10 technical schools, community colleges, high 11 schools, or other educational or training 12 sites. 13 ''(viii) Advertising such position 14 through advertising or postings with local 15 libraries, journals, or newspapers. 16 ''(ix) Seeking a candidate for such po- 17 sition through an employee referral pro- 18 gram with incentives. 19 20 21 ''(x) Advertising such position through advertising on radio or television. ''(xi) Advertising such position 22 through advertising, postings, or presen- 23 tations with newspapers, Internet websites, 24 job fairs, or community events targeted to EAS13500 S.L.C. 803 1 constituencies designed to increase em- 2 ployee diversity. 3 ''(xii) Advertising such position 4 through career day presentations at local 5 high schools or community organizations. 6 ''(xiii) Providing in-house training. 7 ''(xiv) Providing third-party training. 8 ''(xv) Advertising such position 9 through recruitment, educational, or other 10 cooperative programs offered by the em- 11 ployer and a local economic development 12 authority. 13 ''(xvi) Advertising such position twice 14 in the Sunday ads in the primary daily cir- 15 culation newspaper in the area. 16 ''(xvii) Any other recruitment activi- 17 ties determined to be appropriate to be 18 added by the Commissioner. 19 20 21 22 23 24 25 ''(3) ELIGIBLE ''(A) IN OCCUPATION.-- GENERAL.--An occupation is an eligible occupation if the occupation-- ''(i) is a zone 1 occupation, a zone 2 occupation, or zone 3 occupation; and ''(ii) is not an excluded occupation under subparagraph (B). EAS13500 S.L.C. 804 1 ''(B) EXCLUDED OCCUPATIONS.-- ''(i) OCCUPATIONS 2 REQUIRING COL- 3 LEGE DEGREES.--An 4 listed in the Occupational Outlook Hand- 5 book published by the Bureau of Labor 6 Statistics (or similar successor publication) 7 that is classified as requiring an individual 8 with a bachelor's degree or higher level of 9 education may not be an eligible occupa- 10 11 occupation that is tion. ''(ii) COMPUTER OCCUPATIONS.--An 12 occupation in the field of computer oper- 13 ation, computer programming, or computer 14 repair may not be an eligible occupation. 15 ''(C) PUBLICATION.--The Secretary of 16 Labor shall publish the eligible occupations, 17 designated as zone 1 occupations, zone 2 occu- 18 pations, or zone 3 occupations, on an on-going 19 basis on a publicly available website. 20 ''(4) FILLING OF VACANCIES.--If a W non- 21 immigrant terminates employment in a registered 22 position or is terminated from such employment by 23 the registered employer, such employer may fill that 24 vacancy by hiring-- 25 ''(A) a certified alien; EAS13500 S.L.C. 805 1 ''(B) a W nonimmigrant; 2 ''(C) a United States worker; or 3 ''(D) an alien who is the beneficiary of a 4 petition for 5 203(b)(3). 6 ''(5) PERIOD 7 ''(A) IN a visa described in section OF APPROVAL.-- GENERAL.--Except as provided in 8 subparagraph (B), a registered position shall be 9 approved by the Secretary for a period of 3 10 11 12 years. ''(B) INTENDING IMMIGRANTS.-- ''(i) EXTENSION OF PERIOD.--A reg- 13 istered position shall continue to be a reg- 14 istered position at the end of the 3-year 15 period referred to in subparagraph (A) if 16 the W nonimmigrant hired for such posi- 17 tion is the beneficiary of a petition for im- 18 migrant status filed by the registered em- 19 ployer pursuant to this Act. 20 ''(ii) TERMINATION OF PERIOD.--The 21 term of a registration position extended 22 under clause (i) shall terminate on the 23 date that is the earlier of-- 24 ''(I) the date the petition referred 25 to in clause (i) for a W nonimmigrant EAS13500 S.L.C. 806 1 is approved or denied by the Sec- 2 retary; or 3 ''(II) the date of the termination 4 of such W nonimmigrant's employ- 5 ment with the registered employer. 6 7 8 ''(6) FEES.-- ''(A) REGISTRATION ''(i) IN FEE.-- GENERAL.--At the time a reg- 9 istered position is approved for a registered 10 employer, such employer shall pay a reg- 11 istration fee in an amount determined by 12 the Secretary. 13 ''(ii) USE OF FEE.--A fee collected 14 under clause (i) shall be used to fund any 15 aspect of the operation of the W visa pro- 16 gram. 17 ''(B) ADDITIONAL 18 ''(i) IN FEE.-- GENERAL.--In addition to the 19 fee required by subparagraph (A), a reg- 20 istered employer shall pay an additional fee 21 for each approved registered position as 22 follows: 23 ''(I) A fee of $1,750 for the reg- 24 istered position if the registered em- 25 ployer is a small business and more EAS13500 S.L.C. 807 1 than 50 percent and less than 75 per- 2 cent of the employees of the registered 3 employees are not United States 4 workers. 5 ''(II) A fee of $3,500 for the reg- 6 istered position if the registered em- 7 ployer is a small business and more 8 than 75 percent of the employees of 9 the registered employees are not 10 United States workers. 11 ''(III) A fee of $3,500 for the 12 registered position if the registered 13 employer is not a small business and 14 more than 15 percent and less than 15 30 percent of the employees of the 16 registered employees are not United 17 States workers. 18 ''(ii) USE OF FEE.--A fee collected 19 under clause (i) shall be used to fund the 20 operations of the Bureau. 21 ''(C) PROHIBITION ON OTHER FEES.--A 22 registered employer may not be required to pay 23 an additional fee under subparagraph (B) if the 24 registered employer is a small business. EAS13500 S.L.C. 808 1 ''(7) PROHIBITION ON REGISTERED POSITIONS 2 FOR CERTAIN EMPLOYERS.--The Secretary may not 3 approve an application for a registered position for 4 an employer if the employer is not a small business 5 and 30 percent or more of the employees of the em- 6 ployer are not United States workers. 7 ''(f) EXCLUDED GEOGRAPHIC LOCATION.--No W 8 nonimmigrant may be hired by a registered employer for 9 an eligible occupation located in a metropolitan statistical 10 area that has an unemployment rate that is more than 11 8 1/2 percent as reported in the most recent month pre12 ceding the date that the application is submitted to the 13 Secretary unless-- 14 15 16 ''(1) the Commissioner has identified the eligible occupation as a shortage occupation; or ''(2) the Secretary approves the registered posi- 17 tion under subsection (g)(4). 18 ''(g) NUMERICAL LIMITATION.-- 19 ''(1) REGISTERED 20 ''(A) IN POSITIONS.-- GENERAL.--Subject to paragraphs 21 (3) and (4), the maximum number of registered 22 positions that may be approved by the Sec- 23 retary for a year is as follows: 24 25 ''(i) For the first year aliens are admitted as W nonimmigrants, 20,000. EAS13500 S.L.C. 809 1 2 ''(ii) For the second such year, 35,000. 3 ''(iii) For the third such year, 55,000. 4 ''(iv) For the fourth such year, 5 75,000. 6 ''(v) For each year after the fourth 7 such year, the level calculated for that year 8 under paragraph (2). 9 ''(B) DATES.--The first year referred to in 10 subparagraph (A)(i) shall begin on April 1, 11 2015 and end on March 31, 2016, unless the 12 Secretary determines that such first year shall 13 begin on October 1, 2015 and end on Sep- 14 tember 30, 2016. 15 ''(2) YEARS 16 17 AFTER YEAR 4.-- ''(A) CURRENT YEAR.--In YEAR AND PRECEDING this paragraph-- 18 ''(i) the term 'current year' shall refer 19 to the 12-month period for which the cal- 20 culation of the numerical limits under this 21 paragraph is being performed; and 22 ''(ii) the term 'preceding year' shall 23 refer to the 12-month period immediately 24 preceding the current year. EAS13500 S.L.C. 810 ''(B) NUMERICAL 1 LIMITATION.--Subject to 2 subparagraph (D), the number of registered po- 3 sitions that may be approved by the Secretary 4 for a year after the fourth year referred to in 5 paragraph (1)(A)(iv) shall be equal to the sum 6 of-- 7 ''(i) the number of such registered po- 8 sitions available under this paragraph for 9 the preceding year; and 10 ''(ii) the product of-- 11 ''(I) the number of such reg- 12 istered positions available under this 13 paragraph for the preceding year; 14 multiplied by 15 ''(II) the index for the current 16 year calculated under subparagraph 17 (C). 18 ''(C) INDEX.--The index calculated under 19 this subparagraph for a current year equals 1 20 plus the sum of-- 21 ''(i) one-fifth of a fraction-- 22 ''(I) the numerator of which is 23 the number of registered positions 24 that registered employers applied to 25 have approved under subsection (e)(1) EAS13500 S.L.C. 811 1 for the preceding year minus the 2 number of registered positions ap- 3 proved under subsection (e) for the 4 preceding year; and 5 ''(II) the denominator of which is 6 the number of registered positions ap- 7 proved under subsection (e) for the 8 preceding year; 9 ''(ii) one-fifth of a fraction-- 10 ''(I) the numerator of which is 11 the number of registered positions the 12 Commissioner recommends be avail- 13 able under this subparagraph for the 14 current year minus the number of 15 registered positions available under 16 this subsection for the preceding year; 17 and 18 ''(II) the denominator of which is 19 the number of registered positions 20 available under this subsection for the 21 preceding year; 22 ''(iii) three-tenths of a fraction-- 23 ''(I) the numerator of which is 24 the number of unemployed United 25 States workers for the preceding year EAS13500 S.L.C. 812 1 minus the number of unemployed 2 United States workers for the current 3 year; and 4 ''(II) the denominator of which is 5 the number of unemployed United 6 States workers for the preceding year; 7 and 8 ''(iv) three-tenths of a fraction-- 9 ''(I) the numerator of which is 10 the number of job openings as set out 11 in the Job Openings and Labor Turn- 12 over Survey of the Bureau of Labor 13 Statistics for the current year minus 14 such number of job openings for the 15 preceding year; and 16 ''(II) the denominator of which is 17 the number of such job openings for 18 the preceding year; 19 ''(D) MINIMUM AND MAXIMUM LEVELS.-- 20 The number of registered positions calculated 21 under subparagraph (B) for a 12-month period 22 may not be less than 20,000 or more than 23 200,000. 24 ''(3) ADDITIONAL 25 REGISTERED POSITIONS FOR SHORTAGE OCCUPATIONS.--In addition to the num- EAS13500 S.L.C. 813 1 ber of registered positions made available for a year 2 under paragraph (1), the Secretary shall make avail- 3 able for a year an additional number of registered 4 positions for shortage occupations in a particular 5 metropolitan statistical area. 6 7 8 ''(4) SPECIAL ALLOCATIONS OF REGISTERED POSITIONS.-- ''(A) AUTHORITY TO MAKE AVAILABLE.-- 9 In addition to the number of registered posi- 10 tions made available for a year under para- 11 graph (1) or (3), the Secretary shall make addi- 12 tional registered positions available for the year 13 for a specific registered employer if-- 14 ''(i)(I) the maximum number of reg- 15 istered positions available under paragraph 16 (1) have been approved for the year and 17 none remain available for allocation; or 18 ''(II) such registered employer is lo- 19 cated in a metropolitan statistical area 20 that has an unemployment rate that is 21 more than 8 1/2 percent as reported in the 22 most recent month preceding the date that 23 the application is submitted to the Sec- 24 retary; and EAS13500 S.L.C. 814 1 ''(ii) such registered employer has car- 2 ried out not less than 7 of the recruiting 3 activities described in subsection (e)(2)(C) 4 and posts the position, including the wage 5 range, location, and initial date of employ- 6 ment, for not less than 30 days-- 7 ''(I) on the Internet website 8 maintained by the Secretary of Labor 9 for the purpose of such advertising; and 10 11 ''(II) with the workforce agency 12 of the State where the position will be 13 located. 14 ''(B) DURATION OF POSTING.--The 30 day 15 periods required by subclauses (I) or (II) of 16 subparagraph (A)(iii) may occur at the same 17 time. 18 ''(C) WAGES.--A W nonimmigrant hired 19 to perform an eligible occupation pursuant to a 20 registered position made available under this 21 paragraph may not be paid less than the great- 22 er of-- 23 ''(i) the level 4 wage set out in the 24 Foreign Labor Certification Data Center 25 Online Wage Library (or similar successor EAS13500 S.L.C. 815 1 website) maintained by the Secretary of 2 Labor for such occupation in that metro- 3 politan statistical area; or 4 ''(ii) the mean of the highest two- 5 thirds of wages surveyed for such occupa- 6 tion in that metropolitan statistical area. 7 ''(D) REDUCTION OF FUTURE REGISTERED 8 POSITIONS.--Each registered position made 9 available for a year under this paragraph shall 10 reduce by 1 the number of registered positions 11 made available under paragraph (g)(1) for the 12 following year or the earliest possible year for 13 which a registered position is available. The 14 limitation contained in paragraph (h)(4) shall 15 not be reduced by any registered position made 16 available under this paragraph. 17 ''(5) OTHER CONSIDERATION.--In no event 18 shall the number of visas issued under section 19 101(a)(15)(W)(i) exceed the number of registered 20 positions in existence. 21 ''(h) ALLOCATION OF REGISTERED POSITIONS.-- 22 23 ''(1) IN GENERAL.-- ''(A) FIRST 6-MONTH PERIOD.--The num- 24 ber of registered positions available for the 6- 25 month period beginning on the first day of a EAS13500 S.L.C. 816 1 year is 50 percent of the maximum number of 2 registered positions available for such year 3 under subsection (g)(1). Such registered posi- 4 tions shall be allocated as described in this sub- 5 section. 6 ''(B) SECOND 6-MONTH PERIOD.--The 7 number of registered positions available for the 8 6-month period ending on the last day of a year 9 is the maximum number of registered positions 10 available for such year under subsection (g)(1) 11 minus the number of registered positions ap- 12 proved during the 6-month period referred to in 13 subsection (A). Such registered positions shall 14 be allocated as described in this subsection. 15 ''(2) SHORTAGE 16 ''(A) IN OCCUPATIONS.-- GENERAL.--For the first month of 17 each 6-month period referred to in subpara- 18 graph (A) or (B) of paragraph (1) a registered 19 position may not be created in an occupation 20 that is not a shortage occupation. 21 ''(B) INITIAL DESIGNATIONS.--Subpara- 22 graph (A) shall not apply in any period for 23 which the Commissioner has not designated any 24 shortage occupations. EAS13500 S.L.C. 817 1 ''(3) SMALL BUSINESSES.--During the second, 2 third, and fourth months of each 6-month period re- 3 ferred to in subparagraph (A) or (B) of paragraph 4 (1), one-third of the number of registered positions 5 allocated for such period shall be approved only for 6 a registered employer that is a small business. Any 7 such registered positions not approved for such 8 small businesses during such months shall be avail- 9 able for any registered employer during the last 2 10 11 months of each such 6-month period. ''(4) MEAT, POULTRY, AND FISH CUTTERS AND 12 TRIMMERS.--In 13 positions made available for a year under paragraph 14 (1) or (3) of such section (g), the Secretary shall 15 make additional registered positions available for the 16 year for occupations designated by the Secretary of 17 Labor as Meat, Poultry, and Fish Cutters and Trim- 18 mers. The numerical limitation for such additional 19 registered positions shall be no more than 10 per- 20 cent of the annual numerical limitation provided for 21 in such paragraph (1). 22 ''(5) LIMITATION 23 24 25 addition to the number of registered FOR CONSTRUCTION OCCUPA- TIONS.-- ''(A) IN GENERAL.--Subject to subpara- graph (B), not more than 33 percent of the reg- EAS13500 S.L.C. 818 1 istered positions made available under sub- 2 section (g)(1) for a year may be granted to per- 3 form work in a construction occupation. 4 ''(B) MAXIMUM LEVEL.--Notwithstanding 5 subparagraph (A), the number of registered po- 6 sitions granted to perform work in a construc- 7 tion occupation under subsection (g)(1) may 8 not exceed 15,000 for a year and 7,500 for any 9 6-month period. 10 11 12 ''(C) PROHIBITION FOR OCCUPATIONS WITH HIGH UNEMPLOYMENT.-- ''(i) IN GENERAL.--A registered em- 13 ployer may not hire a certified alien for a 14 registered position to perform work in a 15 construction occupation if the unemploy- 16 ment rate for construction occupations in 17 the corresponding occupational job zone in 18 that metropolitan statistical area was more 19 than 81/2 percent. 20 ''(ii) DETERMINATION RATE.--The OF UNEMPLOY- unemployment rate 21 MENT 22 used in clause (i) shall be determined-- 23 24 ''(I) using the most recent survey taken by the Bureau; or EAS13500 S.L.C. 819 1 ''(II) if a survey referred to in 2 subclause (I) is not available, a recent 3 and legitimate private survey. 4 ''(i) PORTABILITY.--A W nonimmigrant who is ad- 5 mitted to the United States for employment by a reg6 istered employer may-- ''(1) terminate such employment for any rea- 7 8 son; and 9 ''(2) seek and accept employment with another 10 registered employer in any other registered position 11 within the terms and conditions of the W non- 12 immigrants visa. 13 ''(j) PROMOTION.--A registered employer who has 14 applied for a registered position in a shortage occupation 15 may promote the W nonimmigrant hired for that reg16 istered position to a registered position in an occupation 17 that is not a shortage occupation if the W nonimmigrant 18 has been employed with that employer for a period of not 19 less than 12 months. Such a promotion shall not increase 20 the total number of registered positions available to that 21 employer. 22 ''(k) PROHIBITION ON OUTPLACEMENT.--A reg- 23 istered employer may not place, outsource, lease, or other24 wise contract for the services or placement of a W non25 immigrant employee with another employer if more than EAS13500 S.L.C. 820 1 15 percent of the employees of the registered employer are 2 W nonimmigrants. 3 4 ''(l) W NONIMMIGRANT PROTECTIONS.-- ''(1) APPLICABILITY OF LAWS.--A W non- 5 immigrant shall not be denied any right or any rem- 6 edy under Federal, State, or local labor or employ- 7 ment law that would be applicable to a United 8 States worker employed in a similar position with 9 the employer because of the alien's status as a non- 10 immigrant worker. 11 ''(2) WAIVER 12 ''(A) IN OF RIGHTS PROHIBITED.-- GENERAL.--A W nonimmigrant 13 may not be required to waive any substantive 14 rights or protections under this Act. 15 ''(B) CONSTRUCTION.--Nothing under this 16 paragraph may be construed to affect the inter- 17 pretation of any other law. 18 ''(3) PROHIBITION ON TREATMENT AS INDE- 19 PENDENT CONTRACTORS.-- 20 ''(A) IN 21 GENERAL.--Notwithstanding any other provision of law-- 22 ''(i) a W nonimmigrant is prohibited 23 from being treated as an independent con- 24 tractor under any Federal or State law; 25 and EAS13500 S.L.C. 821 1 ''(ii) no person, including an employer 2 or labor contractor and any persons who 3 are affiliated with or contract with an em- 4 ployer or labor contractor, may treat a W 5 nonimmigrant as an independent con- 6 tractor. 7 ''(B) CONSTRUCTION.--Subparagraph (A) 8 may not be construed to prevent registered em- 9 ployers who operate as independent contractors 10 from employing W nonimmigrants. 11 ''(4) PAYMENT 12 ''(A) IN OF FEES.-- GENERAL.--A fee related to the 13 hiring of a W nonimmigrant required to be paid 14 by an employer under this Act shall be paid by 15 the employer and may not be deducted from the 16 wages or other compensation paid to a W non- 17 immigrant. 18 ''(B) EXCLUDED COSTS.--The cost of 19 round trip transportation from a certified 20 alien's home to the location of a registered posi- 21 tion and the cost of obtaining a foreign pass- 22 port are not fees required to be paid by the em- 23 ployer. 24 ''(5) TAX 25 RESPONSIBILITIES.--An employer shall comply with all applicable Federal, State, and EAS13500 S.L.C. 822 1 local tax laws with respect to each W nonimmigrant 2 employed by the employer. 3 ''(6) WHISTLEBLOWER PROTECTION.-- 4 ''(A) PROHIBITED ACTIVITIES.--It shall be 5 unlawful for an employer of a W nonimmigrant 6 to intimidate, threaten, restrain, coerce, retali- 7 ate, discharge, or in any other manner, dis- 8 criminate against an employee or former em- 9 ployee because the employee or former em- 10 ployee-- 11 ''(i) discloses information to the em- 12 ployer or any other person that the em- 13 ployee or former employee reasonably be- 14 lieves demonstrates a violation of this sec- 15 tion; or 16 ''(ii) cooperates or seeks to cooperate 17 in an investigation or other proceeding 18 concerning compliance with the require- 19 ments of this section. 20 ''(m) COMPLAINT PROCESS.--The Secretary shall es- 21 tablish a process for the receipt, investigation, and disposi22 tion of complaints with respect to-- 23 24 ''(1) the failure of a registered employer to meet a condition of this section; or EAS13500 S.L.C. 823 1 ''(2) the lay off or non-hiring of a United 2 States worker as required by this section. 3 ''(n) ENFORCEMENT.-- 4 ''(1) IN GENERAL.--The Secretary shall pro- 5 mulgate regulations for the receipt, investigation, 6 and disposition of complaints by an aggrieved W 7 nonimmigrant respecting a violation of this section. 8 ''(2) FILING DEADLINE.--No investigation or 9 hearing shall be conducted on a complaint con- 10 cerning a violation under this section unless the 11 complaint was filed not later than 6 months after 12 the date of such violation. 13 ''(3) REASONABLE BASIS.--The Secretary shall 14 conduct an investigation under this subsection if 15 there is reasonable basis to believe that a violation 16 of this section has occurred. The process established 17 under this subsection shall provide that, not later 18 than 30 days after a complaint is filed, the Sec- 19 retary shall determine if there is reasonable cause to 20 find such a violation. 21 22 ''(4) NOTICE ''(A) IN AND HEARING.-- GENERAL.--Not later than 60 23 days after the Secretary makes a determination 24 of reasonable basis under paragraph (3), the 25 Secretary shall issue a notice to the interested EAS13500 S.L.C. 824 1 parties and offer an opportunity for a hearing 2 on the complaint, in accordance with section 3 556 of title 5, United States Code. 4 ''(B) HEARING DEADLINE.--Not later than 5 60 days after the date of a hearing under this 6 paragraph, the Secretary shall make a finding 7 on the matter. 8 ''(5) ATTORNEY'S FEES.-- 9 ''(A) AWARD.--A complainant who prevails 10 in an action under this subsection with respect 11 to a claim related to wages or compensation for 12 employment, or a claim for a violation of sub- 13 section (l) or (m), shall be entitled to an award 14 of reasonable attorney's fees and costs. 15 ''(B) FRIVOLOUS COMPLAINTS.--A com- 16 plainant who files a frivolous complaint for an 17 improper purpose under this subsection shall be 18 liable for the reasonable attorney's fees and 19 costs of the person named in the complaint. 20 ''(6) POWER OF THE SECRETARY.--The Sec- 21 retary may bring an action in any court of com- 22 petent jurisdiction-- 23 24 ''(A) to seek remedial action, including injunctive relief; EAS13500 S.L.C. 825 1 2 3 ''(B) to recover the damages described in this subsection and subsection (o); or ''(C) to ensure compliance with terms and 4 conditions described in subsection (l)(6). 5 ''(7) PROCEDURES IN ADDITION TO OTHER 6 RIGHTS OF EMPLOYEES.--The 7 provided to W nonimmigrants under this section are 8 in addition to any other contractual or statutory 9 rights and remedies of the workers, and are not in- 10 tended to alter or affect such rights and remedies. 11 ''(o) PENALTIES.-- 12 ''(1) IN GENERAL.--If, rights and remedies after notice and an op- 13 portunity for a hearing, the Secretary finds a viola- 14 tion of this section, the Secretary may impose ad- 15 ministrative remedies and penalties, including-- 16 ''(A) back wages; 17 ''(B) benefits; and 18 ''(C) civil monetary penalties. 19 20 21 ''(2) CIVIL PENALTIES.--The Secretary may impose, as a civil penalty-- ''(A) for a violation of this subsection-- 22 ''(i) a fine in an amount not more 23 than $2,000 per violation per affected 24 worker and $4,000 per violation per af- EAS13500 S.L.C. 826 1 fected worker for each subsequent viola- 2 tion; 3 ''(ii) if the violation was willful, a fine 4 in an amount not more than $5,000 per 5 violation per affected worker; 6 ''(iii) if the violation was willful and if 7 in the course of such violation a United 8 States worker was harmed, a fine in an 9 amount not more than $25,000 per viola- 10 tion per affected worker; or 11 ''(B) for knowingly failing to materially 12 comply with the terms of representations made 13 in petitions, applications, certifications, or at- 14 testations under this section-- 15 16 ''(i) a fine in an amount not more than $4,000 per aggrieved worker; and 17 ''(ii) upon the occasion of a third of- 18 fense of failure to comply with representa- 19 tions, a fine in an amount not to exceed 20 $5,000 per affected worker and designa- 21 tion as an ineligible employer, recruiter, or 22 broker for purposes of any immigrant or 23 nonimmigrant program. 24 25 ''(3) CRIMINAL PENALTY.--Any person who misrepresents the number of full-time equivalent em- EAS13500 S.L.C. 827 1 ployees of an employer or the number of employees 2 of a person who are United States workers for the 3 purpose of reducing a fee under subsection (e)(6) or 4 avoiding the limitation in subsection (e)(7), shall be 5 fined in accordance with title 18, United States 6 Code, in an amount up to $25,000 or imprisoned 7 not more than 1 year, or both. 8 ''(p) MONITORING.-- 9 ''(1) REQUIREMENT TO MONITOR.--The Sec- 10 retary shall monitor the movement of W non- 11 immigrants in registered positions through-- 12 13 14 ''(A) the Employment Verification System described in section 274A(d); and ''(B) the electronic monitoring system de- 15 scribed in paragraph (2). 16 ''(2) ELECTRONIC MONITORING SYSTEM.--The 17 Secretary, through U.S. Citizenship and Immigra- 18 tion Services, shall implement an electronic moni- 19 toring system to monitor presence and employment 20 of W nonimmigrants. Such system shall be modeled 21 on the Student and Exchange Visitor Information 22 System (SEVIS) and SEVIS II tracking system of 23 U.S. Immigration and Customs Enforcement.''. 24 25 (2) TABLE OF CONTENTS AMENDMENT.--The table of contents in the first section (8 U.S.C. 1101 EAS13500 S.L.C. 828 1 et seq.) is amended by adding after the item relating 2 to section 219 the following: ''Sec. 220. Admission of W nonimmigrant workers.''. 3 4 (b) INTENTION DENCE.--Section TO ABANDON FOREIGN RESI- 214(h) (8 U.S.C. 1184(h)) is amended 5 by striking ''or (V)'' and inserting ''(V), or (W)''. 8 Subtitle H--Investing in New Venture, Entrepreneurial Startups, and Technologies 9 SEC. 4801. NONIMMIGRANT INVEST VISAS. 6 7 10 (a) INVEST NONIMMIGRANT CATEGORY.--Section 11 101(a)(15) (8 U.S.C. 1101(a)(15)), as amended by sec12 tions 2231, 4504, and 4702, is further amended by insert13 ing after the material added by section 2231, the fol14 lowing: 15 ''(X) subject to the definitions in section 16 203(b)(6), is a qualified entrepreneur who has 17 demonstrated, during the 3-year period ending 18 on the date on which the alien filed an initial 19 petition for nonimmigrant status described in 20 this clause that-- 21 ''(i) a qualified venture capitalist, a 22 qualified super angel investor, a qualified 23 government entity, a qualified community 24 development financial institution, or such 25 other entity or set of investors, as deter- EAS13500 S.L.C. 829 1 mined by the Secretary, has devoted a 2 qualified investment of not less than 3 $100,000 to the alien's United States busi- 4 ness entity; or 5 ''(ii) the alien's United States busi- 6 ness entity has created no fewer than 3 7 qualified jobs and during the 2-year period 8 ending on such date has generated not less 9 than $250,000 in annual revenue in the 10 11 United States.''. (b) ADMISSION OF INVEST NONIMMIGRANTS.--Sec- 12 tion 214 (8 U.S.C. 1184) is amended by adding at the 13 end the following: 14 15 16 17 ''(s) INVEST NONIMMIGRANT VISAS.-- ''(1) DEFINITIONS.--The definitions in section 203(b)(6)(A) apply in this subsection. ''(2) INITIAL PERIOD OF AUTHORIZED ADMIS- 18 SION.--The 19 immigrant described in section 101(a)(15)(X) shall 20 be for an initial 3-year period. 21 period of authorized status as a non- ''(3) RENEWAL OF ADMISSION.--Subject to 22 paragraph (4), the initial period of authorized non- 23 immigrant status described in paragraph (2) may be 24 renewed for additional 3-year periods if during the EAS13500 S.L.C. 830 1 most recent 3-year period that the alien was granted 2 such status-- 3 ''(A) the alien's United States business en- 4 tity has created no fewer than 3 qualified jobs 5 and a qualified venture capitalist, a qualified 6 super angel investor, a qualified government en- 7 tity, a qualified community development finan- 8 cial institution, or such other entity or set of in- 9 vestors as determined by the Secretary, has de- 10 voted a qualified investment of not less than 11 $250,000 to the alien's United States business 12 entity; or 13 ''(B) the alien's United States business en- 14 tity has created no fewer than 3 qualified jobs 15 and, during the 2 year period ending on the 16 date that the alien petitioned for an extension, 17 has generated not less than $200,000 in annual 18 revenue within the United States. 19 ''(4) WAIVER OF RENEWAL REQUIREMENTS.-- 20 The Secretary may renew an alien's status as a non- 21 immigrant described in section 101(a)(15)(X) for up 22 to two 1-year periods if the alien-- 23 24 ''(A) does not meet the criteria of paragraph (3); and EAS13500 S.L.C. 831 1 ''(B) meets the criteria established by the 2 Secretary, in consultation with the Secretary of 3 Commerce, for approving renewals under this 4 subclause which shall include finding that-- ''(i) the alien has made substantial 5 progress in meeting such criteria; and 6 ''(ii) such renewal that is economically 7 beneficial to the United States. 8 9 ''(5) ATTESTATION.--The Secretary may re- 10 quire 11 101(a)(15)(X) to attest, under penalties of perjury, 12 to the alien's qualifications.''. 13 14 an alien seeking status under section SEC. 4802. INVEST IMMIGRANT VISA. (a) ESTABLISHMENT OF INVEST NONIMMIGRANT 15 VISA.--Section 203(b) (8 U.S.C. 1153(b)) is amended-- 16 17 18 19 20 21 22 23 (1) by redesignating paragraph (6) as paragraph (7); and (2) by inserting after paragraph (5) the following: ''(6) INVEST IMMIGRANTS.-- ''(A) DEFINITIONS.--In this paragraph, section 101(a)(15)(X), and section 214(s): ''(i) QUALIFIED COMMUNITY DEVELINSTITUTION.--The 24 OPMENT 25 term 'qualified community development fi- FINANCIAL EAS13500 S.L.C. 832 1 nancial institution' is defined as provided 2 under section 1805.201 45D(c) of title 12, 3 Code of Federal Regulations, or any simi- 4 lar successor regulations. 5 ''(ii) QUALIFIED ENTREPRENEUR.-- 6 The term 'qualified entrepreneur' means 7 an individual who-- 8 ''(I) has a significant ownership 9 interest, which need not constitute a 10 majority interest, in a United States 11 business entity; 12 ''(II) is employed in a senior ex- 13 ecutive position of such United States 14 business entity; 15 ''(III) submits a business plan to 16 U.S. Citizenship and Immigration 17 Services; and 18 ''(IV) had a substantial role in 19 the founding or early-stage growth 20 and 21 States business entity. 22 ''(iii) QUALIFIED development of such United GOVERNMENT ENTI- 23 TY.--The term 'qualified government enti- 24 ty' means an agency or instrumentality of EAS13500 S.L.C. 833 1 the United States or of a State, local, or 2 tribal government. 3 4 ''(iv) QUALIFIED INVESTMENT.--The term 'qualified investment'-- 5 ''(I) means an investment in a 6 qualified entrepreneur's United States 7 business entity that is-- 8 ''(aa) an equity purchase; 9 ''(bb) a secured loan; ''(cc) 10 11 convertible debt note; ''(dd) a public securities of- 12 13 a fering; 14 ''(ee) a research and devel- 15 opment award from a qualified 16 government entity; 17 ''(ff) other investment deter- 18 mined appropriate by the Sec- 19 retary; or 20 ''(gg) a combination of the 21 investments described in items 22 (aa) through (ff); and 23 ''(II) may not include an invest- 24 ment from such qualified entre- 25 preneur, the parents, spouse, son or EAS13500 S.L.C. 834 1 daughter of such qualified entre- 2 preneur, or from any corporation, 3 company, association, firm, partner- 4 ship, society, or joint stock company 5 over 6 preneur has a substantial ownership 7 interest. 8 ''(v) which such QUALIFIED qualified JOB.--The entre- term 9 'qualified job' means a full-time position of 10 United States business entity owned by a 11 qualified entrepreneur that-- 12 13 ''(I) is located in the United States; 14 ''(II) has been filled by an indi- 15 vidual who is not the qualified entre- 16 preneur or the spouse, son, or daugh- 17 ter of the qualified entrepreneur for at 18 least 2 years; and 19 ''(III) pays a wage that is not 20 less than 250 percent of the Federal 21 minimum wage. 22 ''(vi) QUALIFIED SUPER ANGEL IN- 23 VESTOR.--The term 'qualified super angel 24 investor' means an individual or organized EAS13500 S.L.C. 835 1 group of individuals investing directly or 2 through a legal entity-- 3 ''(I) each of whom is an accred- 4 ited investor, as defined in section 5 230.501(a) of title 17, Code of Fed- 6 eral Regulations, or any similar suc- 7 cessor regulation, investing the funds 8 owned by such individual or organized 9 group in a qualified entrepreneur's 10 United States business entity; 11 ''(II)(aa) if an individual, is a cit- 12 izen of the United States or an alien 13 lawfully admitted for permanent resi- 14 dence; or 15 ''(bb) if an organized group or 16 legal entity, a majority of the individ- 17 uals investing through such group or 18 entity are citizens of the United 19 States or aliens lawfully admitted for 20 permanent residence; and 21 ''(III) each of whom in the pre- 22 vious 3 years has made qualified in- 23 vestments in a total amount deter- 24 mined to be appropriate by the Sec- 25 retary, that is not less than $50,000, EAS13500 S.L.C. 836 1 in United States business entities 2 which are less than 5 years old. 3 ''(vii) QUALIFIED 4 TALIST.--The 5 VENTURE CAPI- term 'qualified venture capi- talist' means an entity-- ''(I) that-- 6 7 ''(aa) is a venture capital 8 operating company, as defined in 9 section 2510.3-110(d) of title 29, 10 Code of Federal Regulations (or 11 any successor thereto); or ''(bb) 12 has management 13 rights, as defined in, and to the 14 extent required by, such section 15 2510.3-110 16 thereto), in its portfolio compa- 17 nies; 18 ''(II) that has capital commit- 19 ments of not less than $10,000,000; 20 and (d) (or successor 21 ''(III) the investment adviser, as 22 defined in section 202 of the Invest- 23 ment Advisers Act of 1940 (15 U.S.C. 24 80b-2), for which-- EAS13500 S.L.C. 837 ''(aa) has its primary office 1 location in the United States; 2 3 ''(bb) is owned, directly or 4 indirectly, by individuals, the ma- 5 jority of whom are citizens of the 6 United States or aliens lawfully 7 admitted for permanent residence 8 in the United States; 9 ''(cc) has been advising such 10 entity or other similar funds or 11 entities for at least 2 years; and 12 ''(dd) has made, on behalf of 13 such entity or a similar fund or 14 entity, at least 2 investments of 15 not less than $500,000 during 16 each of the most recent 2 years. 17 ''(viii) SECRETARY.--Except as other- 18 wise specifically provided, the term 'Sec- 19 retary' means the Secretary of Homeland 20 Security. 21 ''(ix) SENIOR EXECUTIVE POSITION.-- 22 The term 'senior executive position' in- 23 cludes the position of chief executive offi- 24 cer, chief technology officer, and chief op- 25 erating officer. EAS13500 S.L.C. 838 1 ''(x) UNITED STATES BUSINESS ENTI- 2 TY.--The term 'business entity' means any 3 corporation, company, association, firm, 4 partnership, society, or joint stock com- 5 pany that is organized under the laws of 6 the United States or any State and that 7 conducts business in the United States 8 that is not-- 9 ''(I) a private fund, as defined in 10 202(a) of the Investment Advisers Act 11 of 1940 (15 U.S.C. 80b-2); 12 ''(II) a commodity pool, as de- 13 fined in section 1a of the Commodity 14 Exchange Act (7 U.S.C. 1a); 15 ''(III) an investment company, as 16 defined in section 3 of the Investment 17 Company Act of 1940 (15 U.S.C. 18 80a-3); or 19 ''(IV) an issuer that would be an 20 investment company but for an ex- 21 emption provided in-- 22 ''(aa) section 3(c) of the In- 23 vestment Company Act of 1940 24 (15 U.S.C. 80a-3(c); or EAS13500 S.L.C. 839 1 ''(bb) section 270.3a-7 of 2 title 17 of the Code of Federal 3 Regulations or any similar suc- 4 cessor regulation. 5 ''(B) IN GENERAL.--Visas shall be avail- 6 able, in a number not to exceed 10,000 for each 7 fiscal year, to qualified immigrants seeking to 8 enter the United States for the purpose of cre- 9 ating new businesses, as described in this para- 10 11 12 13 14 graph. ''(C) ELIGIBILITY.--An alien is eligible for a visa under this paragraph if-- ''(i)(I) the alien is a qualified entrepreneur; 15 ''(II) the alien maintained valid non- 16 immigrant status in the United States for 17 at least 2 years; 18 ''(III) during the 3-year period ending 19 on the date the alien files an initial peti- 20 tion for such status under this section-- 21 ''(aa)(AA) the alien has a signifi- 22 cant ownership in a United States 23 business entity that has created no 24 fewer than 5 qualified jobs; and EAS13500 S.L.C. 840 1 ''(BB) a qualified venture capi- 2 talist, a qualified super angel investor, 3 a qualified government entity, a quali- 4 fied community development financial 5 institution, or such other entity or set 6 of investors, as determined by the 7 Secretary, has devoted a qualified in- 8 vestment of not less than $500,000 to 9 the alien's United States business en- 10 tity; or 11 ''(bb)(AA) the alien has a signifi- 12 cant ownership interest in a United 13 States business entity that has cre- 14 ated no fewer than 5 qualified jobs; 15 and 16 ''(BB) during the 2-year period 17 ending on such date has generated not 18 less than $750,000 in annual revenue 19 within the United States; and 20 ''(IV) no more than 2 other aliens 21 have received nonimmigrant status under 22 this section on the basis of an alien's own- 23 ership of such business entity; 24 25 ''(ii)(I) the alien is a qualified entrepreneur; EAS13500 S.L.C. 841 1 ''(II) the alien maintained valid non- 2 immigrant status in the United States for 3 at least 3 years prior to the date of filing 4 an application for such status; 5 ''(III) the alien holds an advanced de- 6 gree in a field of science, technology, engi- 7 neering, and mathematics, approved by the 8 Secretary; and 9 ''(IV) during the 3-year period ending 10 on the date the alien files an initial peti- 11 tion for such status under this section-- 12 ''(aa)(AA) the alien has a signifi- 13 cant ownership interest in a United 14 States business entity that has cre- 15 ated no fewer than 4 qualified jobs; 16 and 17 ''(BB) a qualified venture capi- 18 talist, a qualified super angel investor, 19 a qualified government entity, a quali- 20 fied community development financial 21 institution, or such other entity or set 22 of investors, as determined by the 23 Secretary, has devoted a qualified in- 24 vestment of not less than $500,000 to EAS13500 S.L.C. 842 1 the alien's United States business en- 2 tity; or 3 ''(bb)(AA) the alien has a signifi- 4 cant ownership interest in a United 5 States business entity that has cre- 6 ated no fewer than 3 qualified jobs; 7 and 8 ''(BB) during the 2-year period 9 ending on such date has generated not 10 less than $500,000 in annual revenue 11 within the United States; and 12 ''(V) no more than 3 other aliens have 13 received nonimmigrant status under this 14 section on the basis of an alien's ownership 15 of such business entity. 16 ''(D) ATTESTATION.--The Secretary may 17 require an alien seeking visa under this para- 18 graph to attest, under penalties of perjury, to 19 the alien's qualifications.''. 20 (b) PETITION.--Section 204(a)(1)(H) (8 U.S.C. 21 1154(a)(1)(H)) is amended-- 22 23 24 25 (1) by striking ''203(b)(5)'' and inserting ''paragraph (5) or (6) of section 203(b)''; and (2) by striking ''Attorney General'' and inserting ''Secretary of Homeland Security''. EAS13500 S.L.C. 843 1 2 SEC. 4803. ADMINISTRATION AND OVERSIGHT. (a) REGULATIONS.--Not later than 16 months after 3 the date of the enactment of this Act, the Secretary, in 4 consultation with the Secretary of Commerce, the Admin5 istrator of the Small Business Administration, and other 6 heads of other relevant Federal agencies and department, 7 shall promulgate regulations to carry out the amendments 8 made by this subtitle. Such regulations shall ensure that 9 such amendments are implemented in a manner that is 10 consistent with the protection of national security and pro11 motion United States economic growth, job creation, and 12 competitiveness. 13 14 (b) MODIFICATION OF DOLLAR AMOUNTS.-- (1) IN GENERAL.--The Secretary may from 15 time to time prescribe regulations increasing or de- 16 creasing any dollar amount specified in paragraph 17 (6) of section 203(b) of the Immigration and Na- 18 tionality Act, as added by section l2, subparagraph 19 (X) of section 101(a)(15) of such Act, as added by 20 section 4801, or subsection (s) of section 214, as 21 added by 4802. 22 (2) AUTOMATIC ADJUSTMENT.--Unless a dollar 23 amount referred to in paragraph (1) is adjusted by 24 the Secretary under paragraph (1), such dollar 25 amounts shall automatically adjust on January 1, 26 2016 by the percentage change in the Consumer EAS13500 S.L.C. 844 1 Price Index (CPI-U) during fiscal year 2015, and 2 on every fifth subsequent January 1 by the percent- 3 age change in the CPI-U during the previous five 4 fiscal years, for any petition filed to classify an alien 5 under this paragraph on or after the date of each 6 automatic adjustment. 7 (c) OTHER AUTHORITY.--The Secretary, in the Sec- 8 retary's unreviewable discretion, may deny or revoke the 9 approval of a petition seeking classification of an alien 10 under this paragraph or any other petition, application, 11 or benefit based upon the previous or concurrent filing or 12 approval of a petition for classification of an alien under 13 this paragraph, if the Secretary determines, in the Sec14 retary's sole and unreviewable discretion, that the ap15 proval or continuation of such petition, application, or 16 benefit is contrary to the national interest of the United 17 States or for other good cause.