    [Congressional Bills 113th Congress]
    [From the U.S. Government Publishing Office]
    [S. 744 Introduced in Senate (IS)]

    113th CONGRESS
      1st Session
                                     S. 744

    To provide for comprehensive immigration reform and for other purposes.

    _______________________________________________________________________

                       IN THE SENATE OF THE UNITED STATES

                   April 17 (legislative day, April 16), 2013

       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
                                 the Judiciary

    _______________________________________________________________________

                                     A BILL

    To provide for comprehensive immigration reform and for other purposes.

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

    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

        (a) Short Title.--This Act may be cited as the ``Border Security,
    Economic Opportunity, and Immigration Modernization Act''.
        (b) Table of Contents.--The table of contents for this Act is as
    follows:

    Sec. 1. Short title; table of contents.
    Sec. 2. Statement of congressional findings.
    Sec. 3. Effective date triggers.
    Sec. 4. Southern Border Security Commission.
    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. 1101. Definitions.
    Sec. 1102. Additional U.S. Customs and Border Protection officers.
    Sec. 1103. National Guard support to secure the Southern border.
    Sec. 1104. Enhancement of existing border security operations.
    Sec. 1105. Border security on certain Federal land.
    Sec. 1106. Equipment and technology.
    Sec. 1107. Access to emergency personnel.
    Sec. 1108. Southwest Border region prosecution initiative.
    Sec. 1109. Interagency collaboration.
    Sec. 1110. SCAAP reauthorization.
    Sec. 1111. Use of force.
    Sec. 1112. Training for border security and immigration enforcement
                                officers.
    Sec. 1113. Department of Homeland Security Border Oversight Task Force.
    Sec. 1114. Immigration ombudsman.
    Sec. 1115. Reports.
    Sec. 1116. Severability.
                           TITLE II--IMMIGRANT VISAS

       Subtitle A--Registration and Adjustment of Registered Provisional
                                   Immigrants

    Sec. 2101. Registered provisional immigrant status.
    Sec. 2102. Adjustment of status of registered provisional immigrants.
    Sec. 2103. The DREAM Act.
    Sec. 2104. Additional requirements.
    Sec. 2105. Criminal penalty.
    Sec. 2106. Grant program to assist eligible applicants.
    Sec. 2107. Conforming amendments to the Social Security Act.
    Sec. 2108. Government contracting and acquisition of real property
                                interest.
    Sec. 2109. 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 of Agricultural Workers

                         subchapter a--blue card status

    Sec. 2211. Requirements for blue card status.
    Sec. 2212. Adjustment to permanent resident status.
    Sec. 2213. Use of information.
    Sec. 2214. Reports on blue cards.
    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. 2231. Nonimmigrant classification for nonimmigrant agricultural
                                workers.
    Sec. 2232. Establishment of nonimmigrant agricultural worker program.
    Sec. 2233. Transition of H-2A worker program.
    Sec. 2234. 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. 2301. Merit-based points track one.
    Sec. 2302. Merit-based track two.
    Sec. 2303. Repeal of the diversity visa program.
    Sec. 2304. World-wide levels and recapture of unused immigrant visas.
    Sec. 2305. Reclassification of spouses and minor children of lawful
                                permanent residents as immediate relatives.
    Sec. 2306. Numerical limitations on individual foreign states.
    Sec. 2307. Allocation of immigrant visas.
    Sec. 2308. V nonimmigrant visas.
    Sec. 2309. Fiancee and fiance child status protection.
    Sec. 2310. Equal treatment for all stepchildren.
    Sec. 2311. International adoption harmonization.
    Sec. 2312. Relief for orphans, widows, and widowers.
    Sec. 2313. Discretionary authority with respect to removal, deportation
                                or inadmissibility of citizen and resident
                                immediate family members.
    Sec. 2314. Waivers of inadmissibility.
    Sec. 2315. Continuous presence.
    Sec. 2316. Global health care cooperation.
    Sec. 2317. Extension and improvement of the Iraqi special immigrant
                                visa program.
    Sec. 2318. Extension and improvement of the Afghan special immigrant
                                visa program.
    Sec. 2319. 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.
                    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. 2521. Establishment.
    Sec. 2522. Purpose.
    Sec. 2523. Membership.
    Sec. 2524. Functions.
                     Chapter 2--Public-private Partnership

    Sec. 2531. Establishment of United States Citizenship Foundation.
    Sec. 2532. Funding.
    Sec. 2533. Purposes.
    Sec. 2534. Authorized activities.
    Sec. 2535. Council of directors.
    Sec. 2536. Powers.
    Sec. 2537. 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. 3101. Unlawful employment of unauthorized aliens.
    Sec. 3102. Increasing security and integrity of social security cards.
    Sec. 3103. Increasing security and integrity of immigration documents.
    Sec. 3104. Responsibilities of the Social Security Administration.
    Sec. 3105. 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.
    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. 3401. Time limits and efficient adjudication of genuine asylum
                                claims.
    Sec. 3402. Refugee family protections.
    Sec. 3403. Clarification on designation of certain refugees.
    Sec. 3404. Asylum determination efficiency.
    Sec. 3405. Stateless persons in the United States.
    Sec. 3406. U visa accessibility.
    Sec. 3407. 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. 3601. Definitions.
    Sec. 3602. Disclosure.
    Sec. 3603. Prohibition on discrimination.
    Sec. 3604. Recruitment fees.
    Sec. 3605. Registration.
    Sec. 3606. Bonding requirement.
    Sec. 3607. Maintenance of lists.
    Sec. 3608. Amendment to the Immigration and Nationality Act.
    Sec. 3609. Responsibilities of Secretary of State.
    Sec. 3610. Enforcement provisions.
    Sec. 3611. Rule of construction.
    Sec. 3612. Regulations.
                        Subtitle G--Interior Enforcement

    Sec. 3701. Criminal street gangs.
    Sec. 3702. Banning habitual drunk drivers from the United States.
    Sec. 3703. Sexual abuse of a minor.
    Sec. 3704. Illegal entry.
    Sec. 3705. Reentry of removed alien.
    Sec. 3706. Penalties related to removal.
    Sec. 3707. Reform of passport, visa, and immigration fraud offenses.
    Sec. 3708. Combating schemes to defraud aliens.
    Sec. 3709. Inadmissibility and removal for passport and immigration
                                fraud offenses.
    Sec. 3710. Directives related to passport and document fraud.
    Sec. 3711. Inadmissible aliens.
    Sec. 3712. Organized and abusive human smuggling activities.
    Sec. 3713. Preventing criminals from renouncing citizenship during
                                wartime.
    Sec. 3714. Diplomatic security service.
    Sec. 3715. Secure alternatives programs.
    Sec. 3716. Oversight of detention facilities.
    Sec. 3717. Procedures for bond hearings and filing of notices to
                                appear.
    Sec. 3718. 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 of Complaints Against H-1B
                                   Employers

    Sec. 4221. General modification of procedures for investigation and
                                disposition.
    Sec. 4222. Investigation, working conditions, and penalties.
    Sec. 4223. Initiation of investigations.
    Sec. 4224. Information sharing.
                          Chapter 3--Other Protections

    Sec. 4231. Posting available positions through the Department of Labor.
    Sec. 4232. H-1B government authority and requirements.
    Sec. 4233. Requirements for information for H-1B and L nonimmigrants.
    Sec. 4234. Filing fee for H-1B-dependent employers.
    Sec. 4235. Providing premium processing of employment-based visa
                                petitions.
    Sec. 4236. Technical correction.
    Sec. 4237. Application.
                 Subtitle C--L Visa Fraud and Abuse Protections

    Sec. 4301. Prohibition on outplacement of L nonimmigrants.
    Sec. 4302. L employer petition requirements for employment at new
                                offices.
    Sec. 4303. Cooperation with Secretary of State.
    Sec. 4304. Limitation on employment of L nonimmigrants.
    Sec. 4305. Filing fee for L nonimmigrants.
    Sec. 4306. Investigation and disposition of complaints against L
                                nonimmigrant employers.
    Sec. 4307. Penalties.
    Sec. 4308. Prohibition on retaliation against L nonimmigrants.
    Sec. 4309. Reports on L nonimmigrants.
    Sec. 4310. Application.
    Sec. 4311. 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. 4501. Short titles.
    Sec. 4502. Premium processing.
    Sec. 4503. Encouraging Canadian tourism to the United States.
    Sec. 4504. Retiree visa.
    Sec. 4505. 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.

    SEC. 2. STATEMENT OF CONGRESSIONAL FINDINGS.

        Congress makes the following findings:
                (1) The passage of this Act recognizes that the primary
            tenets of its success depend on securing the sovereignty of the
            United States of America and establishing a coherent and just
            system for integrating those who seek to join American society.
                (2) We have a right, and duty, to maintain and secure our
            borders, and to keep our country safe and prosperous. As a
            nation founded, built and sustained by immigrants we also have
            a responsibility to harness the power of that tradition in a
            balanced way that secures a more prosperous future for America.
                (3) We have always welcomed newcomers to the United States
            and will continue to do so. But in order to qualify for the
            honor and privilege of eventual citizenship, our laws must be
            followed. The world depends on America to be strong --
            economically, militarily and ethically. The establishment of a
            stable, just and efficient immigration system only supports
            those goals. As a nation, we have the right and responsibility
            to make our borders safe, to establish clear and just rules for
            seeking citizenship, to control the flow of legal immigration,
            and to eliminate illegal immigration, which in some cases has
            become a threat to our national security.
                (4) All parts of this Act are premised on the right and
            need of the United States to achieve these goals, and to
            protect its borders and maintain its sovereignty.

    SEC. 3. EFFECTIVE DATE TRIGGERS.

        (a) Definitions.--In this section:
                (1) Commission.--The term ``Commission'' means the Southern
            Border Security Commission established pursuant to section 4.
                (2) Comprehensive southern border security strategy.--The
            term ``Comprehensive Southern Border Security Strategy'' means
            the strategy established by the Secretary pursuant to section
            5(a) to achieve and maintain an effectiveness rate of 90
            percent or higher in all high risk border sectors.
                (3) Effective control.--The term ``effective control''
            means the ability to achieve and maintain, in a Border Patrol
            sector--
                        (A) persistent surveillance; and
                        (B) an effectiveness rate of 90 percent or higher.
                (4) Effectiveness rate.--The ``effectiveness rate'', in the
            case of a border sector, is the percentage calculated by
            dividing the number of apprehensions and turn backs in the
            sector during a fiscal year by the total number of illegal
            entries in the sector during such fiscal year.
                (5) High risk border sector.--The term ``high risk border
            sector'' means a border sector in which more than 30,000
            individuals were apprehended during the most recent fiscal
            year.
                (6) Southern border.--The term ``Southern border'' means
            the international border between the United States and Mexico.
                (7) Southern border fencing strategy.--The term ``Southern
            Border Fencing Strategy'' means the strategy established by the
            Secretary pursuant to section 5(b) that identifies where
            fencing, including double-layer fencing, should be deployed
            along the Southern border.
        (b) Border Security Goal.--The Department's border security goal is
    to achieve and maintain effective control in high risk border sectors
    along the Southern border.
        (c) Triggers.--
                (1) Processing of applications for registered provisional
            immigrant status.--Not earlier than the date upon which the
            Secretary has submitted to Congress the Notice of Commencement
            of implementation of the Comprehensive Southern Border Security
            Strategy and the Southern Border Fencing Strategy under section
            5 of this Act, the Secretary may commence processing
            applications for registered provisional immigrant status
            pursuant to section 245B of the Immigration and Nationality
            Act, as added by section 2101 of this Act.
                (2) Adjustment of status of registered provisional
            immigrants.--
                        (A) In general.--Except as provided in subparagraph
                    (B), the Secretary may not adjust the status of aliens
                    who have been granted registered provisional immigrant
                    status, except for aliens granted agriculture card
                    status under section 2201 of this Act or described in
                    section 245D(b) of the Immigration and Nationality Act,
                    until the Secretary, after consultation with the
                    Comptroller General of the United States, submits to
                    the President and Congress a written certification
                    that--
                                (i) the Comprehensive Southern Border
                            Security Strategy has been submitted to
                            Congress and is substantially deployed and
                            substantially operational;
                                (ii) the Southern Border Fencing Strategy
                            has been submitted to Congress, implemented,
                            and is substantially completed;
                                (iii) the Secretary has implemented a
                            mandatory employment verification system to be
                            used by all employers to prevent unauthorized
                            workers from obtaining employment in the United
                            States; and
                                (iv) the Secretary is using an electronic
                            exit system at air and sea ports of entry that
                            operates by collecting machine-readable visa or
                            passport information from air and vessel
                            carriers.
                        (B) Exception.--The Secretary shall permit
                    registered provisional immigrants to apply for an
                    adjustment to lawful permanent resident status if--
                                (i)(I) litigation or a force majeure has
                            prevented one or more of the conditions
                            described in clauses (i) through (iv) of
                            subparagraph (A) from being implemented; or
                                (II) the implementation of subparagraph (A)
                            has been held unconstitutional by the Supreme
                            Court of the United States or the Supreme Court
                            has granted certiorari to the litigation on the
                            constitutionality of implementation of
                            subparagraph (A); and
                                (ii) 10 years have elapsed since the date
                            of the enactment of this Act.
        (d) Waiver of Legal Requirements Necessary for Improvement at
    Borders.--Notwithstanding any other provision of law, the Secretary is
    authorized to waive all legal requirements that the Secretary
    determines to be necessary to ensure expeditious construction of the
    barriers, roads, or other physical tactical infrastructure needed to
    fulfill the requirements under this section. Any determination by the
    Secretary under this section shall be effective upon publication in the
    Federal Register.
        (e) Federal Court Review.--
                (1) In general.--The district courts of the United States
            shall have exclusive jurisdiction to hear all causes or claims
            arising from any action undertaken, or any decision made, by
            the Secretary under subsection (d). A cause of action or claim
            may only be brought alleging a violation of the Constitution of
            the United States. The court does not have jurisdiction to hear
            any claim not specified in this paragraph.
                (2) Time for filing complaint.--If a cause or claim under
            paragraph (1) is not filed within 60 days after the date of the
            contested action or decision by the Secretary, the claim shall
            be barred.
                (3) Appellate review.--An interlocutory or final judgment,
            decree, or order of the district court may be reviewed only
            upon petition for a writ of certiorari to the Supreme Court of
            the United States.

    SEC. 4. SOUTHERN BORDER SECURITY COMMISSION.

        (a) Establishment.--If Secretary certifies that the Department has
    not achieved effective control in all high risk border sectors during
    any fiscal year beginning before the date that is 5 years after the
    date of the enactment of this Act, not later than 60 days after the
    date of the certification there shall be established a commission to be
    known as the ``Southern Border Security Commission'' (referred to in
    this section as the ``Commission'').
        (b) Composition.--
                (1) In general.--The Commission shall be composed of--
                        (A) 2 members who shall be appointed by the
                    President;
                        (B) 2 members who shall be appointed by the
                    President pro tempore of the Senate, of which--
                                (i) 1 shall be appointed upon the
                            recommendation of the leader in the Senate of
                            the political party that is not the political
                            party of the President; and
                                (ii) 1 shall be appointed upon the
                            recommendation of the leader in the Senate of
                            the other political party;
                        (C) 2 members who shall be appointed by the Speaker
                    of the House of Representatives, of which--
                                (i) 1 shall be appointed upon the
                            recommendation of the leader in the House of
                            Representatives of the political party that is
                            not the political party of the President; and
                                (ii) 1 shall be appointed upon the
                            recommendation of the leader in the House of
                            Representatives of the other political party;
                            and
                        (D) 4 members, consisting of 1 member from each of
                    the States along the Southern border, who shall be--
                                (i) the Governor of such State; or
                                (ii) appointed by the Governor of each such
                            State.
                (2) Qualification for appointment.--Appointed members of
            the Commission shall be distinguished individuals noted for
            their knowledge and experience in the field of border security
            at the Federal, State, or local level.
                (3) Time of appointment.--The appointments required by
            paragraph (1) shall be made not later than 60 days after the
            Secretary makes a certification described in subsection (a).
                (4) Chair.--At the first meeting of the Commission, a
            majority of the members of the Commission present and voting
            shall elect the Chair of the Commission.
                (5) Vacancies.--Any vacancy of the Commission shall not
            affect its powers, but shall be filled in the manner in which
            the original appointment was made.
                (6) Rules.--The Commission shall establish the rules and
            procedures of the Commission which shall require the approval
            of at least 6 members of the Commission.
        (c) Duties.--The Commission's primary responsibility shall be
    making recommendations to the President, the Secretary, and Congress on
    policies to achieve and maintain the border security goal specified in
    section 3(b) by achieving and maintaining--
                (1) the capability to engage in, and to engage in,
            persistent surveillance in high risk border sectors along the
            Southern border; and
                (2) an effectiveness rate of 90 percent or higher in all
            high risk border sectors along the Southern border.
        (d) Report.--Not later than 180 days after the end of the 5-year
    period described in subsection (a), the Commission shall submit to the
    President, the Secretary, and Congress a report setting forth specific
    recommendations for policies for achieving and maintaining the border
    security goals specified in subsection (c). The report shall include,
    at a minimum, recommendations for the personnel, infrastructure,
    technology, and other resources required to achieve and maintain an
    effectiveness rate of 90 percent or higher in all high risk border
    sectors.
        (e) Travel Expenses.--Members of the Commission shall be allowed
    travel expenses, including per diem in lieu of subsistence rates
    authorized for employees of agencies under subchapter I of chapter 57
    of title 5, United States Code, while away from their homes or regular
    places of business in the performance of services for the Commission.
        (f) Administrative Support.--The Secretary shall provide the
    Commission such staff and administrative services as may be necessary
    and appropriate for the Commission to perform its functions. Any
    employee of the executive branch of Government may be detailed to the
    Commission without reimbursement to the agency of that employee and
    such detail shall be without interruption or loss of civil service or
    status or privilege.
        (g) Comptroller General Review.--The Comptroller General of the
    United States shall review the recommendations in the report submitted
    under subsection (d) in order to determine--
                (1) whether any of the recommendations are likely to
            achieve effective control in all high risk border sectors;
                (2) which recommendations are most likely to achieve
            effective control; and
                (3) whether such recommendations are feasible within
            existing budget constraints.
        (h) Termination.--The Commission shall terminate 30 days after the
    date on which the report is submitted under subsection (d).

    SEC. 5. COMPREHENSIVE SOUTHERN BORDER SECURITY STRATEGY AND SOUTHERN
                  BORDER FENCING STRATEGY.

        (a) Comprehensive Southern Border Security Strategy.--
                (1) In general.--Not later than 180 days after the date of
            the enactment of this Act, the Secretary shall submit a
            strategy, to be known as the ``Comprehensive Southern Border
            Security Strategy'', for achieving and maintaining effective
            control between the ports of entry in all high risk border
            sectors along the Southern border, to--
                        (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 States.
                (2) Elements.--The Comprehensive Southern Border Security
            Strategy shall specify--
                        (A) the priorities that must be met for the
                    strategy to be successfully executed;
                        (B) the capabilities that must be obtained to meet
                    each of the priorities referred to in subparagraph (A),
                    including--
                                (i) surveillance and detection capabilities
                            developed or used by the Department of Defense
                            to increase situational awareness; and
                                (ii) the requirement for stationing
                            sufficient Border Patrol agents and Customs and
                            Border Protection officers at and between ports
                            of entry along the Southern border; and
                        (C) the resources, including personnel,
                    infrastructure, and technology that must be procured
                    and successfully deployed to obtain the capabilities
                    referred to in subparagraph (B), including--
                                (i) fixed, mobile, and agent portable
                            surveillance systems; and
                                (ii) unarmed, unmanned aerial systems and
                            unarmed, fixed-wing aircraft and necessary and
                            qualified staff and equipment to fully utilize
                            such systems.
                (3) Additional elements regarding execution.--The
            Comprehensive Southern Border Security Strategy shall
            describe--
                        (A) how the resources referred to in paragraph
                    (2)(C) will be properly aligned with the priorities
                    referred to in paragraph (2)(A) to ensure that the
                    strategy will be successfully executed;
                        (B) the interim goals that must be accomplished to
                    successfully implement the strategy; and
                        (C) the schedule and supporting milestones under
                    which the Department will accomplish the interim goals
                    referred to in subparagraph (B).
                (4) Implementation.--
                        (A) In general.--The Secretary shall commence the
                    implementation of the Comprehensive Southern Border
                    Security Strategy immediately after submitting the
                    strategy under paragraph (1).
                        (B) Notice of commencement.--Upon commencing the
                    implementation of the strategy, the Secretary shall
                    submit a notice of commencement of such implementation
                    to--
                                (i) Congress; and
                                (ii) the Comptroller General of the United
                            States.
                (5) Semiannual reports.--
                        (A) In general.--After the Comprehensive Southern
                    Border Security Strategy is submitted under paragraph
                    (1),the Secretary shall submit, not later than May 15
                    and November 15 of each year, a report on the status of
                    the Department's implementation of the strategy to--
                                (i) the Committee on Homeland Security and
                            Governmental Affairs of the Senate;
                                (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 of the
                            House of Representatives.
                        (B) Elements.--Each report submitted under
                    subparagraph (A) shall include--
                                (i) a detailed description of the steps the
                            Department has taken, or plans to take, to
                            execute the strategy submitted under paragraph
                            (1), including the progress made toward
                            achieving the interim goals and milestone
                            schedule established pursuant to subparagraphs
                            (B) and (C) of paragraph (3);
                                (ii) a detailed description of--
                                        (I) any impediments identified in
                                    the Department's efforts to execute the
                                    strategy;
                                        (II) the actions the Department has
                                    taken, or plans to take, to address
                                    such impediments; and
                                        (III) any additional measures
                                    developed by the Department to measure
                                    the state of security along the
                                    Southern border; and
                                (iii) for each Border Patrol sector along
                            the Southern border--
                                        (I) the effectiveness rate for each
                                    individual Border Patrol sector and the
                                    aggregated effectiveness rate;
                                        (II) the number of recidivist
                                    apprehensions, sorted by Border Patrol
                                    sector; and
                                        (III) the recidivism rate for all
                                    unique subjects that received a
                                    criminal consequence through the
                                    Consequence Delivery System process.
        (b) Southern Border Fencing Strategy.--
                (1) Establishment.--Not later than 180 days after the date
            of the enactment of this Act, the Secretary shall establish a
            strategy, to be known as the ``Southern Border Fencing
            Strategy'', to identify where fencing, including double-layer
            fencing, infrastructure, and technology should be deployed
            along the Southern border.
                (2) Submittal.--The Secretary shall submit the Southern
            Border Fencing Strategy to Congress and the Comptroller General
            of the United States for review.
                (3) Notice of commencement.--Upon commencing the
            implementation of the Southern Border Fencing Strategy, the
            Secretary shall submit a notice of commencement of the
            implementation of the Strategy to Congress and the Comptroller
            General of the United States.

    SEC. 6. COMPREHENSIVE IMMIGRATION REFORM TRUST FUND.

        (a) Comprehensive Immigration Reform Trust Fund.--
                (1) Establishment.--There is established in the Treasury a
            separate account, to be known as the Comprehensive Immigration
            Reform Trust Fund (referred to in this section as the ``Trust
            Fund''), consisting of--
                        (A) amounts transferred from the general fund of
                    the Treasury under paragraph (2)(A); and
                        (B) proceeds from the fees described in paragraph
                    (2)(B).
                (2) Deposits.--
                        (A) Initial funding.--On the later of the date of
                    the enactment of this Act or October 1, 2013,
                    $6,500,000,000 shall be transferred from the general
                    fund of the Treasury to the Trust Fund.
                        (B) Start-up costs.--On the later of the date of
                    the enactment of this Act or October 1, 2013,
                    $100,000,000 is hereby appropriated from the general
                    fund of the Treasury, to remain available until
                    September 30, 2015, to the Department to pay for one-
                    time and startup costs necessary to implement this Act,
                        (C) Ongoing funding.--In addition to the funding
                    described in subparagraph (A), the following amounts
                    shall be deposited in the trust fund:
                                (i) Electronic travel authorization system
                            fees.--75 percent of the fees collected under
                            section 217(h)(3)(B) of the Immigration and
                            Nationality Act (8 U.S.C. 1187(h)(3)).
                                (ii) J-1 visa mitigation fees.--Mitigation
                            fees collected from employers who employ aliens
                            described in section 101(a)(15)(J) of the
                            Immigration and Nationality Act (8 U.S.C.
                            1101(a)(15)(J)) through the Summer Work Travel
                            Program.
                                (iii) H-1B visa fees.--Fees collected from
                            employers hiring nonimmigrants described in
                            section 101(a)(15)(H)(i)(b) of the Immigration
                            and Nationality Act (8 U.S.C. 1101
                            (a)(15)(H)(i)(b)).
                                (iv) L-1 visa fees.--Fees collected under
                            section 214(c)(12) of the Immigration and
                            Nationality Act (8 U.S.C. 1184(c)(12) from
                            employers hiring a nonimmigrant described in
                            section 101(a)(15)(L) of such Act (8 U.S.C.
                            1101(a)(15)(L)).
                                (v) H-2B visa fees.--Fees collected from
                            employers hiring nonimmigrants described in
                            section 101(a)(15)(H)(ii)(b) of the Immigration
                            and Nationality Act (8 U.S.C. 1101 (a)(15)(H)(i
                            i)(b)) in the amount of $500 under section 214
                            of the Immigration and Nationality Act (8
                            U.S.C. 1184).
                                (vi) F-1 visa fees.--Fees collected for
                            nonimmigrants admitted under section
                            101(a)(15)(F)(i) of the Immigration and
                            Nationality Act (8 U.S.C. 1101(a)(15)(F)(i)) in
                            the amount of $500 under section 214 of the
                            Immigration and Nationality Act (8 U.S.C. 1184)
                                (vii) Visitor visa fees.--Amend Section 214
                            to add a $5 fee for visitor visas
                            101(a)(15)(B).
                                (viii) Merit system green card fees.--
                            Include the fee charged in the document to get
                            a ``merit system'' green card.
                                (ix) Other aliens.--An alien who is
                            allocated a visa under section 211 shall pay a
                            fee of $1,500.
                                (x) Penalty.--Penalties collected from
                            applicants for provisional immigrant status
                            under section 245B(c)(9)(C) of the Immigration
                            and Nationality Act, as added by section 2101
                            of this Act.
                                (xi) H-1b nonimmigrant dependent employer
                            fees.--Fees collected under section 423(a)(2).
                                (xii) H-1B outplacement fee.--Fees
                            collected under section 212(n)(1)(F)(ii) of the
                            Immigration and Nationality Act, as amended by
                            section 4201(d).
                                (xiii) L nonimmigrant dependent employer
                            fees.--Fees collected under section 435(a)(2).
                                (xiv) Retiree visa fees.--Fees collected
                            under section 101(a)(15)(Y) of the Immigration
                            and Nationality Act (8 U.S.C. 1101(a)(15)(Y)).
                                (xv) Nonimmigrants performing maintenance
                            on common carriers.--Fees collected under
                            subsection (z) of section 214 of the
                            Immigration and Nationality Act (8 U.S.C.
                            1184), as added by section 4604.
                (3) Use of funds.--
                        (A) Initial funding.--Of the amounts transferred to
                    the Trust Fund pursuant to paragraph (2)(A)--
                                (i) $3,000,000,000 shall be made available
                            to the Secretary, during the 5-year period
                            beginning on the date of the enactment of this
                            Act, to carry out the Comprehensive Southern
                            Border Security Strategy;
                                (ii) $2,000,000,000 shall be made available
                            to the Secretary, during the 10-year period
                            beginning on the date of the enactment of this
                            Act, to carry out programs, projects, and
                            activities recommended by the Commission
                            pursuant to section 4(c) to achieve and
                            maintain the border security goal specified in
                            section 3(b); and
                                (iii) $1,500,000,000 shall be made
                            available to the Secretary, during the 5-year
                            period beginning on the date of the enactment
                            of this Act, to procure and deploy additional
                            fencing in high-risk border sectors in
                            accordance with the Southern Border Fencing
                            Strategy established pursuant to section 5(b).
                        (B) Ongoing funding.--Of the amounts deposited into
                    the Trust Fund pursuant to paragraph (2)(B)--
                                (i) $50,000,000 shall be available during
                            each of the fiscal years 2014 through 2018 to
                            carry out the activities described in section
                            1104(a)(1); and
                                (ii) $50,000,000 shall be available during
                            each of the fiscal years 2014 through 2018 to
                            carry out the activities described in section
                            1104(b).
        (b) Limitation on Collection.--No fee described in paragraph (2)(B)
    may be collected under this Act except to the extent that the
    expenditure of the fee to pay the costs of activities and services for
    which the fee is imposed is provided for in advance in an
    appropriations Act.
        (c) Receipts Collected as Offsetting Receipts.--Notwithstanding
    section 3302 of title 31, United States Code, any fee collected under
    this Act--
                (1) shall be credited as offsetting collections to the
            Trust Fund;
                (2) shall be available for expenditure only to pay the
            costs of activities and services authorized from the Trust
            Fund; and
                (3) shall remain available until expended.
        (d) Determination of Budgetary Effects.--
                (1) Emergency designation for congressional enforcement.--
            In the Senate, amounts made available under this section are
            designated as an emergency requirement pursuant to section
            403(a) of S. Con. Res. 13 (111th Congress), the concurrent
            resolution on the budget for fiscal year 2010.
                (2) Emergency designation for statutory paygo.--Amounts
            made available under this section are designated as an
            emergency requirement under section 4(g) of the Statutory Pay-
            As-You-Go Act of 2010 (Public Law 111-139; 2 U.S.C. 933(g)).

    SEC. 7. REFERENCE TO THE IMMIGRATION AND NATIONALITY ACT.

        Except as otherwise expressly provided, whenever in this Act an
    amendment or repeal is expressed in terms of an amendment to, or repeal
    of, a section or other provision, the reference shall be considered to
    be made to a section or other provision of the Immigration and
    Nationality Act (8 U.S.C. 1101 et seq.).

    SEC. 8. DEFINITIONS.

        In this Act:
                (1) Department.--Except as otherwise provided, the term
            ``Department'' means the Department of Homeland Security.
                (2) Secretary.--Except as otherwise provided, the term
            ``Secretary'' means the Secretary of Homeland Security.

                            TITLE I--BORDER SECURITY

    SEC. 1101. DEFINITIONS.

        In this title:
                (1) Rural, high-trafficked areas.--The term ``rural, high-
            trafficked areas'' means rural areas through which drugs and
            undocumented aliens are routinely smuggled, as designated by
            the Commissioner of U.S. Customs and Border Protection.
                (2) Southern border.--The term ``Southern border'' means
            the international border between the United States and Mexico.
                (3) Southwest border region.--The term ``Southwest border
            region'' means the area in the United States that is within 100
            miles of the Southern border.

    SEC. 1102. ADDITIONAL U.S. CUSTOMS AND BORDER PROTECTION OFFICERS.

        (a) In General.--Not later than September 30, 2017, the Secretary
    shall increase the number of trained U.S. Customs and Border Protection
    officers by 3,500, compared to the number of such officers as of the
    date of the enactment of this Act. The Secretary shall make progress in
    increasing such number of officers during each of the fiscal years 2014
    through 2017.
        (b) Construction.--Nothing in subsection (a) may be interpreted to
    preclude the Secretary from reassigning or stationing U.S. Customs and
    Border protection officers and agents from the Northern border to the
    Southern border.
        (c) Funding.--There are authorized to be appropriated, from the
    Comprehensive Immigration Reform Trust Fund established under section
    6(a)(1), such sums as may be necessary to carry out this section.

    SEC. 1103. NATIONAL GUARD SUPPORT TO SECURE THE SOUTHERN BORDER.

        (a) In General.--With the approval of the Secretary of Defense, the
    Governor of a State may order any units or personnel of the National
    Guard of such State to perform operations and missions under section
    502(f) of title 32, United States Code, in the Southwest Border region
    for the purposes of assisting U.S. Customs and Border Protection in
    securing the Southern border.
        (b) Assignment of Operations and Missions.--
                (1) In general.--National Guard units and personnel
            deployed under subsection (a) may be assigned such operations
            and missions specified in subsection (c) as may be necessary to
            secure the Southern border.
                (2) Nature of duty.--The duty of National Guard personnel
            performing operations and missions described in paragraph (1)
            shall be full-time duty under title 32, United States Code.
        (c) Range of Operations and Missions.--The operations and missions
    assigned under subsection (b) shall include the temporary authority--
                (1) to construct fencing, including double-layer and
            triple-layer fencing;
                (2) to increase ground-based mobile surveillance systems;
                (3) to deploy additional unmanned aerial systems and manned
            aircraft sufficient to maintain continuous surveillance of the
            Southern Border;
                (4) to deploy and provide capability for radio
            communications interoperability between U.S. Customs and Border
            Protection and State, local, and tribal law enforcement
            agencies;
                (5) to construct checkpoints along the Southern border to
            bridge the gap to long-term permanent checkpoints; and
                (6) to provide assistance to U.S. Customs and Border
            Protection, particularly in rural, high-trafficked areas, as
            designated by the Commissioner of U.S. Customs and Border
            Protection.
        (d) Materiel and Logistical Support.--The Secretary of Defense
    shall deploy such materiel and equipment and logistical support as may
    be necessary to ensure success of the operations and missions conducted
    by the National Guard under this section.
        (e) Exclusion From National Guard Personnel Strength Limitations.--
    National Guard personnel deployed under subsection (a) shall not be
    included in--
                (1) the calculation to determine compliance with limits on
            end strength for National Guard personnel; or
                (2) limits on the number of National Guard personnel that
            may be placed on active duty for operational support under
            section 115 of title 10, United States Code.

    SEC. 1104. ENHANCEMENT OF EXISTING BORDER SECURITY OPERATIONS.

        (a) Border Crossing Prosecutions.--
                (1) In general.--The Secretary, acting through the
            Commissioner, U.S. Customs and Border Protection, shall--
                        (A) increase the number of border crossing
                    prosecutions in the Tucson Sector of the Southwest
                    Border region to up to 210 prosecutions per day by
                    increasing the funding available for--
                                (i) attorneys and administrative support
                            staff in the Tucson United States Attorney
                            Office;
                                (ii) support staff and interpreters in the
                            Tucson Court Clerks Office;
                                (iii) pre-trial services;
                                (iv) activities of the Tucson Federal
                            Public Defenders Office; and
                                (v) additional marshals in the Tucson
                            United States Marshals Office to perform
                            intake, coordination, transportation, and court
                            security; and
                        (B) reimburse State, local, and tribal law
                    enforcement agencies for any detention costs related to
                    the border crossing prosecutions carried out pursuant
                    to subparagraph (A).
                (2) Additional magistrate judges to assist with increased
            caseload.--The chief judge of the United States District Court
            for the District of Arizona is authorized to appoint additional
            full-time magistrate judges, who, consistent with the
            Constitution and laws of the United States, shall have the
            authority to hear cases and controversies in the judicial
            district in which the respective judges are appointed.
                (3) Funding.--There are authorized to be appropriated, from
            the Comprehensive Immigration Reform Trust Fund established
            under section 6(a)(1), such sums as may be necessary to carry
            out this subsection.
        (b) Operation Stonegarden.--
                (1) In general.--The Federal Emergency Management Agency
            shall enhance law enforcement preparedness and operational
            readiness along the borders of the United States through
            Operation Stonegarden. The amounts available under this
            paragraph are in addition to any other amounts otherwise made
            available for Operation Stonegarden. Not less than 90 percent
            of the amounts made available under section 5(a)(3)(B)(ii)
            shall be allocated for grants and reimbursements to law
            enforcement agencies in the States in the Southwest Border
            region for personnel, overtime, travel, and other costs related
            to illegal immigration and drug smuggling in the Southwest
            Border region.
                (2) Funding.--There are authorized to be appropriated, from
            the amounts made available under section 6(a)(3)(A)(i), such
            sums as may be necessary to carry out this subsection.
        (c) Infrastructure Improvements.--
                (1) Border patrol stations.--The Secretary shall--
                        (A) construct additional Border Patrol stations in
                    the Southwest Border region that U.S. Border Patrol
                    determines are needed to provide full operational
                    support in rural, high-trafficked areas; and
                        (B) analyze the feasibility of creating additional
                    Border Patrol sectors along the Southern border to
                    interrupt drug trafficking operations.
                (2) Forward operating bases.--The Secretary shall enhance
            the security of the Southwest Border region by--
                        (A) establishing additional permanent forward
                    operating bases for the Border Patrol, as needed;
                        (B) upgrading the existing forward operating bases
                    to include modular buildings, electricity, and potable
                    water; and
                        (C) ensuring that forward operating bases surveil
                    and interdict individuals entering the United States
                    unlawfully immediately after such individuals cross the
                    Southern border.
                (3) Authorization of appropriations.--There is authorized
            to be appropriated for each of fiscal years 2014 through 2018
            such sums as may be necessary to carry out this subsection.

    SEC. 1105. BORDER SECURITY ON CERTAIN FEDERAL LAND.

        (a) Definitions.--In this section:
                (1) Federal lands.--The term ``Federal lands'' includes all
            land under the control of the Secretary concerned that is
            located within the Southwest border region in the State of
            Arizona along the international border between the United
            States and Mexico.
                (2) Secretary concerned.--The term ``Secretary concerned''
            means--
                        (A) with respect to land under the jurisdiction of
                    the Secretary of Agriculture, the Secretary of
                    Agriculture; and
                        (B) with respect to land under the jurisdiction of
                    the Secretary of the Interior, the Secretary of the
                    Interior.
        (b) Support for Border Security Needs.--To achieve effective
    control of Federal lands--
                (1) the Secretary concerned, notwithstanding any other
            provision of law, shall authorize and provide U.S. Customs and
            Border Protection personnel with immediate access to Federal
            lands for security activities, including--
                        (A) routine motorized patrols; and
                        (B) the deployment of communications, surveillance,
                    and detection equipment;
                (2) the security activities described in paragraph (1)
            shall be conducted, to the maximum extent practicable, in a
            manner that the Secretary determines will best protect the
            natural and cultural resources on Federal lands; and
                (3) the Secretary concerned may provide education and
            training to U.S. Customs and Border Protection on the natural
            and cultural resources present on individual Federal land
            units.
        (c) Programmatic Environmental Impact Statement.--
                (1) In general.--After implementing subsection (b), the
            Secretary, in consultation with the Secretaries concerned,
            shall prepare and publish in the Federal Register a notice of
            intent to prepare a programmatic environmental impact statement
            in accordance with the National Environmental Policy Act of
            1969 (42 U.S.C. 4321 et seq.) to analyze the impacts of the
            activities described in subsection (b).
                (2) Effect on processing application and special use
            permits.--The pending completion of a programmatic
            environmental impact statement under this section shall not
            result in any delay in the processing or approving of
            applications or special use permits by the Secretaries
            concerned for the activities described in subsection (b).
                (3) Amendment of land use plans.--The Secretaries concerned
            shall amend any land use plans, as appropriate, upon completion
            of the programmatic environmental impact statement described in
            subsection (b).
                (4) Scope of programmatic environmental impact statement.--
            The programmatic environmental impact statement described in
            paragraph (1)--
                        (A) may be used to advise the Secretary on the
                    impact on natural and cultural resources on Federal
                    lands; and
                        (B) shall not control, delay, or restrict actions
                    by the Secretary to achieve effective control on
                    Federal lands.
        (d) Intermingled State and Private Land.--This section shall not
    apply to any private or State-owned land within the boundaries of
    Federal lands.

    SEC. 1106. EQUIPMENT AND TECHNOLOGY.

        (a) Enhancements.--The Commissioner of U.S. Customs and Border
    Protection, working through U.S. Border Patrol, shall--
                (1) deploy additional mobile, video, and agent-portable
            surveillance systems, and unmanned aerial vehicles in the
            Southwest Border region as necessary to provide 24-hour
            operation and surveillance;
                (2) operate unarmed unmanned aerial vehicles along the
            Southern border for 24 hours per day and for 7 days per week;
                (3) deploy unarmed additional fixed-wing aircraft and
            helicopters along the Southern border;
                (4) acquire new rotocraft and make upgrades to the existing
            helicopter fleet; and
                (5) increase horse patrols in the Southwest Border region.
        (b) Authorization of Appropriations.--In addition to amounts
    otherwise authorized to be appropriated, there is authorized to be
    appropriated to U.S. Customs and Border Protection such sums as may be
    necessary to carry out subsection (a) during fiscal years 2014 through
    2018.

    SEC. 1107. ACCESS TO EMERGENCY PERSONNEL.

        (a) Southwest Border Region Emergency Communications Grants.--
                (1) In general.--The Secretary, in consultation with the
            governors of the States in the Southwest Border region, shall
            establish a 2-year grant program, to be administered by the
            Secretary, to improve emergency communications in the Southwest
            Border region.
                (2) Eligibility for grants.--An individual is eligible to
            receive a grant under this subsection if the individual
            demonstrates that he or she--
                        (A) regularly resides or works in the Southwest
                    Border region;
                        (B) is at greater risk of border violence due to
                    the lack of cellular service at his or her residence or
                    business and his or her proximity to the Southern
                    border.
                (3) Use of grants.--Grants awarded under this subsection
            may be used to purchase satellite telephone communications
            systems and service that--
                        (A) can provide access to 9-1-1 service; and
                        (B) are equipped with global positioning systems.
                (4) Authorization of appropriations.--There is authorized
            to be appropriated such sums as may be necessary to carry out
            the grant program established under this subsection.
        (b) Interoperable Communications for Law Enforcement.--
                (1) Federal law enforcement.--There are authorized to be
            appropriated, to the Department, the Department of Justice, and
            the Department of the Interior, during the 5-year period
            beginning on the date of the enactment of this Act, such sums
            as may be necessary--
                        (A) to purchase, through a competitive procurement
                    process, P25-compliant radios, which may include a
                    multi-band option, for Federal law enforcement agents
                    working in the Southwest Border region in support of
                    the activities of U.S. Customs and Border Protection
                    and U.S. Immigration and Customs Enforcement, including
                    law enforcement agents of the Drug Enforcement
                    Administration, the Bureau of Alcohol, Tobacco,
                    Firearms and Explosives, the Department of the
                    Interior, and the Forest Service; and
                        (B) to upgrade, through a competitive procurement
                    process, the communications network of the Department
                    of Justice to ensure coverage and capacity,
                    particularly when immediate access is needed in times
                    of crisis, in the Southwest Border region for
                    appropriate law enforcement personnel of the Department
                    of Justice (including the Drug Enforcement
                    Administration and the Bureau of Alcohol, Tobacco,
                    Firearms and Explosives), the Department (including
                    U.S. Immigration and Customs Enforcement and U.S.
                    Customs and Border Protection), the United States
                    Marshals Service, other Federal agencies, the State of
                    Arizona, tribes, and local governments.
                (2) State and local law enforcement.--
                        (A) Authorization of appropriations.--There is
                    authorized to be appropriated to the Department of
                    Justice, during the 5-year period beginning on the date
                    of the enactment of this Act, such sums as may be
                    necessary to purchase, through a competitive
                    procurement process, P25-compliant radios, which may
                    include a multi-band option, for State and local law
                    enforcement agents working in the Southwest Border
                    region.
                        (B) Access to federal spectrum.--If a State,
                    tribal, or local law enforcement agency in the
                    Southwest Border region experiences an emergency
                    situation that necessitates immediate communication
                    with the Department of Justice, the Department, the
                    Department of the Interior, or any of their respective
                    subagencies, such law enforcement agency shall have
                    access to the spectrum assigned to such Federal agency
                    for the duration of such emergency situation.

    SEC. 1108. SOUTHWEST BORDER REGION PROSECUTION INITIATIVE.

        (a) Reimbursement to State and Local Prosecutors for Federally
    Initiated Criminal Cases.--The Attorney General shall reimburse State,
    county, tribal, and municipal governments for costs associated with the
    prosecution and pre-trial detention of Federally initiated criminal
    cases declined by local offices of the United States Attorneys.
        (b) Authorization of Appropriations.--There is authorized to be
    appropriated such sums as may be necessary to carry out subsection (a)
    during fiscal years 2014 through 2018 .

    SEC. 1109. INTERAGENCY COLLABORATION.

        The Assistant Secretary of Defense for Research and Engineering
    shall collaborate with the Under Secretary of Homeland Security for
    Science and Technology to identify equipment and technology used by the
    Department of Defense that could be used by U.S. Customs and Border
    Protection to improve the security of the Southern border by--
                (1) detecting border tunnels;
                (2) detecting the use of ultralight aircraft;
                (3) enhancing wide aerial surveillance; and
                (4) otherwise improving the enforcement of such border.

    SEC. 1110. SCAAP REAUTHORIZATION.

        Section 241(i)(5)(C) (8 U.S.C. 1231(i)(5)) is amended by striking
    ``2011'' and inserting ``2015''.

    SEC. 1111. USE OF FORCE.

        Not later than 180 days after the date of the enactment of this
    Act, the Secretary, in consultation with the Assistant Attorney General
    for the Civil Rights Division of the Department of Justice, shall issue
    policies governing the use of force by all Department personnel that--
                (1) require all Department personnel to report each use of
            force; and
                (2) establish procedures for--
                        (A) accepting and investigating complaints
                    regarding the use of force by Department personnel;
                        (B) disciplining Department personnel who violate
                    any law or Department policy relating to the use of
                    force; and
                        (C) reviewing all uses of force by Department
                    personnel to determine whether the use of force--
                                (i) complied with Department policy; or
                                (ii) demonstrates the need for changes in
                            policy, training, or equipment.

    SEC. 1112. TRAINING FOR BORDER SECURITY AND IMMIGRATION ENFORCEMENT
                  OFFICERS.

        (a) In General.--The Secretary shall ensure that U.S. Customs and
    Border Protection officers, U.S. Border Patrol officers, U.S.
    Immigration and Customs Enforcement agents, and agriculture specialists
    stationed within 100 miles of any land or marine border of the United
    States or at any United States port of entry receive appropriate
    training, which shall be prepared in collaboration with the Assistant
    Attorney General for the Civil Rights Division of the Department of
    Justice, in--
                (1) identifying and detecting fraudulent travel documents;
                (2) civil, constitutional, human, and privacy rights of
            individuals;
                (3) the scope of enforcement authorities, including
            interrogations, stops, searches, seizures, arrests, and
            detentions;
                (4) the use of force policies issued by the Secretary
            pursuant to section 1111;
                (5) immigration laws, including screening, identifying, and
            addressing vulnerable populations, such as children, victims of
            crime and human trafficking, and individuals fleeing
            persecution or torture;
                (6) social and cultural sensitivity toward border
            communities;
                (7) the impact of border operations on communities; and
                (8) any particular environmental concerns in a particular
            area.
        (b) Training for Border Community Liaison Officers.--The Secretary
    shall ensure that border communities liaison officers in Border Patrol
    sectors along the international borders between the United States and
    Mexico and between the United States and Canada receive training to
    better--
                (1) act as a liaison between border communities and the
            Office for Civil Rights and Civil Liberties of the Department
            and the Civil Rights Division of the Department of Justice;
                (2) foster and institutionalize consultation with border
            communities;
                (3) consult with border communities on Department programs,
            policies, strategies, and directives; and
                (4) receive Department performance assessments from border
            communities.

    SEC. 1113. DEPARTMENT OF HOMELAND SECURITY BORDER OVERSIGHT TASK FORCE.

        (a) Establishment.--
                (1) In general.--There is established an independent task
            force, which shall be known as the Department of Homeland
            Security Border Oversight Task Force (referred to in this
            section as the ``DHS Task Force'').
                (2) Duties.--The DHS Task Force shall--
                        (A) review and make recommendations regarding
                    immigration and border enforcement policies,
                    strategies, and programs that take into consideration
                    their impact on border communities;
                        (B) recommend ways in which the Border Communities
                    Liaison Offices can strengthen relations and
                    collaboration between communities in the border regions
                    and the Department, the Department of Justice, and
                    other Federal agencies that carry out such policies,
                    strategies, and programs;
                        (C) evaluate how the policies, strategies, and
                    programs of Federal agencies operating along the
                    international borders between the United States and
                    Mexico and between the United States and Canada protect
                    the due process, civil, and human rights of border
                    residents, visitors, and migrants at and near such
                    borders; and
                        (D) evaluate and make recommendations regarding the
                    training of border enforcement personnel described in
                    section 1112.
                (3) Membership.--
                        (A) In general.--The DHS Task Force shall be
                    composed of 26 members, appointed by the President, who
                    have expertise in migration, local crime indices, civil
                    and human rights, community relations, cross-border
                    trade and commerce, quality of life indicators, or
                    other pertinent experience, of whom--
                                (i) 11 members shall be from the Northern
                            border region and shall include--
                                        (I) 2 local government elected
                                    officials;
                                        (II) 2 local law enforcement
                                    official;
                                        (III) 2 civil rights advocates;
                                        (IV) 1 business representative;
                                        (V) 1 higher education
                                    representative;
                                        (VI) 1 representative of a faith
                                    community; and
                                        (VII) 2 representatives of U.S.
                                    Border Patrol; and
                                (ii) 15 members shall be from the Southern
                            border region and include--
                                        (I) 3 local government elected
                                    officials;
                                        (II) 3 local law enforcement
                                    officials;
                                        (III) 3 civil rights advocates;
                                        (IV) 2 business representatives;
                                        (V) 1 higher education
                                    representative;
                                        (VI) 1 representative of a faith
                                    community; and
                                        (VII) 2 representatives of U.S.
                                    Border Patrol.
                        (B) Nongovernmental appointees.--Individuals
                    appointed as members of the DHS Task Force may not be
                    employed by the Federal Government.
                        (C) Term of service.--Members of the Task Force
                    shall be appointed for the shorter of--
                                (i) 3 years; or
                                (ii) the life of the DHS Task Force.
                        (D) Chair, vice chair.--The members of the DHS Task
                    Force shall elect a Chair and a Vice Chair from among
                    its members, who shall serve in such capacities for the
                    life of the DHS Task Force or until removed by the
                    majority vote of at least 14 members.
        (b) Operations.--
                (1) Hearings.--The DHS Task Force may, for the purpose of
            carrying out its duties, hold hearings, sit and act, take
            testimony, receive evidence, and administer oaths.
                (2) Recommendations.--The DHS Task Force may make findings
            or recommendations to the Secretary related to the duties
            described in subsection (a)(2).
                (3) Response.--Not later than 180 days after receiving the
            findings and recommendations from the DHS Task Force under
            paragraph (2), the Secretary shall issue a response that
            describes how the Department has addressed, or will address,
            such findings and recommendations.
                (4) Information from federal agencies.--The Chair, or 16
            members of the DHS Task Force, may request statistics relating
            to the duties described in subsection (a)(2) directly from any
            Federal agency, which shall, to the extent authorized by law,
            furnish such information, suggestions, estimates, and
            statistics directly to the DHS Task Force.
                (5) Compensation.--Members of the DHS Task Force shall
            serve without pay, but shall be reimbursed for reasonable
            travel and subsistence expenses incurred in the performance of
            their duties.
        (c) Report.--Not later than 2 years after its first meeting, the
    DHS Task Force shall submit a final report to the President, Congress,
    and the Secretary that contains--
                (1) findings with respect to the duties of the DHS Task
            Force; and
                (2) recommendations regarding border and immigration
            enforcement policies, strategies, and programs, including--
                        (A) a recommendation as to whether the DHS Task
                    Force should continue to operate; and
                        (B) a description of any duties the DHS Task Force
                    should be responsible for after the termination date
                    described in subsection (e).
        (d) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as may be necessary to carry out this section
    for each of the fiscal years 2014 through 2017.
        (e) Sunset.--The DHS Task Force shall terminate operations 60 days
    after the date on which the DHS Task Force submits the report described
    in subsection (c).

    SEC. 1114. IMMIGRATION OMBUDSMAN.

        (a) In General.--Section 452 of the Homeland Security Act (6 U.S.C.
    272) is amended--
                (1) by amending the section heading to read as follows:

    ``SEC. 452. DEPARTMENT OF HOMELAND SECURITY IMMIGRATION OMBUDSMAN.'';

                (2) in subsection (a), by striking ``Citizenship and
            Immigration Services Ombudsman'' and inserting ``DHS
            Immigration Ombudsman'';
                (3) in subsection (c)(2), by striking ``Director of the
            Bureau of Citizenship and Immigration Services'' and inserting
            ``Director, U.S. Citizenship and Immigration Services, the
            Assistant Secretary, U.S. Immigration and Customs Enforcement,
            the Commissioner, U.S. Customs and Border Protection'';
                (4) in subsections (d)(4) and (f), by striking ``Director
            of the Bureau of Citizenship and Immigration Services'' each
            place such term appears and inserting ``Director, U.S.
            Citizenship and Immigration Services, the Assistant Secretary,
            U.S. Immigration and Customs Enforcement, and the Commissioner,
            U.S. Customs and Border Protection'';
                (5) in subsection (f), by striking ``director'' each place
            such term appears and inserting ``official''; and
                (6) by striking ``the Bureau of Citizenship and Immigration
            Services'' each place it appears and inserting ``U.S.
            Citizenship and Immigration Services, U.S. Immigration and
            Customs Enforcement, or U.S. Customs and Border Protection''.
        (b) Clerical Amendment.--The table of contents in section 1 of the
    Homeland Security Act (6 U.S.C. 101 et seq.) is amended by striking the
    item relating to section 452 and inserting the following:

    ``Sec. 452. Department of Homeland Security Immigration Ombudsman.''.

    SEC. 1115. REPORTS.

        (a) Report on Certain Border Matters.--The Secretary shall submit a
    report to the Committee on Homeland Security and Governmental Affairs
    of the Senate and the Committee on Homeland Security of the House of
    Representatives that sets forth--
                (1) the effectiveness rate (as defined in section 2(a)(4))
            for each Border Patrol sector along the Northern border and the
            Southern border;
                (2) the number of miles along the Southern border that is
            under persistent surveillance;
                (3) the monthly wait times per passenger, including data on
            averages and peaks, for crossing the Southern border, and the
            staffing of such border crossings; and
                (4) the allocations at each port of entry along the
            Southern border.
        (b) Report on Interagency Collaboration.--The Under Secretary of
    Defense for Acquisition, Technology, and Logistics and the Under
    Secretary of Homeland Security for Science and Technology shall jointly
    submit a report on the results of the interagency collaboration under
    section 1109 to--
                (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 by this Act, or
    any application of such provision or amendment to any person or
    circumstance, is held to be unconstitutional, the remainder of the
    provisions of this Act and the amendments made by this Act and the
    application of the provision or amendment to any other person or
    circumstance shall not be affected.

                           TITLE II--IMMIGRANT VISAS

       Subtitle A--Registration and Adjustment of Registered Provisional
                                   Immigrants

    SEC. 2101. REGISTERED PROVISIONAL IMMIGRANT STATUS.

        (a) Authorization.--Chapter 5 of title II (8 U.S.C. 1255 et seq.)
    is amended by inserting after section 245A the following:

    ``SEC. 245B. ADJUSTMENT OF STATUS OF ELIGIBLE ENTRANTS BEFORE DECEMBER
                  31, 2011, TO THAT OF REGISTERED PROVISIONAL IMMIGRANT.

        ``(a) In General.--Notwithstanding any other provision of law, the
    Secretary of Homeland Security (referred to in this section as the
    `Secretary'), after conducting the national security and law
    enforcement clearances required under subsection (c)(8), may grant
    registered provisional immigrant status to an alien who--
                ``(1) meets the eligibility requirements set forth in
            subsection (b);
                ``(2) submits a completed application before the end of the
            period set forth in subsection (c)(3); and
                ``(3) has paid the fee required under subsection (c)(10)(A)
            and the penalty required under subsection (c)(10)(C), if
            applicable.
        ``(b) Eligibility Requirements.--
                ``(1) In general.--An alien is not eligible for registered
            provisional immigrant status unless the alien establishes, by a
            preponderance of the evidence, that the alien meets the
            requirements set forth in this subsection.
                ``(2) Physical presence.--
                        ``(A) In general.--The alien--
                                ``(i) shall be physically present in the
                            United States on the date on which the alien
                            submits an application for registered
                            provisional immigrant status;
                                ``(ii) shall have been physically present
                            in the United States on or before December 31,
                            2011; and
                                ``(iii) shall have maintained continuous
                            physical presence in the United States from
                            December 31, 2011, until the date on which the
                            alien is granted status as a registered
                            provisional immigrant under this section.
                        ``(B) Break in physical presence.--
                                ``(i) In general.--Except as provided in
                            clause (ii), an alien who is absent from the
                            United States without authorization after the
                            date of the enactment of this section does not
                            meet the continuous physical presence
                            requirement set forth in subparagraph (A)(iii).
                                ``(ii) Exception.--An alien who departed
                            from the United States after December 31, 2011
                            will not be considered to have failed to
                            maintain continuous presence in the United
                            States if the alien's absences from the United
                            States are brief, casual, and innocent whether
                            or not such absences were authorized by the
                            Secretary.
                ``(3) Grounds for ineligibility.--
                        ``(A) In general.--Except as provided in
                    subparagraph (B), an alien is ineligible for registered
                    provisional immigrant status if the Secretary
                    determines that the alien--
                                ``(i) has a conviction for--
                                        ``(I) an offense classified as a
                                    felony in the convicting jurisdiction
                                    (other than a State or local offense
                                    for which an essential element was the
                                    alien's immigration status or a
                                    violation of this Act);
                                        ``(II) an aggravated felony (as
                                    defined in section 101(a)(43) at the
                                    time of the conviction);
                                        ``(III) 3 or more misdemeanor
                                    offenses (other than minor traffic
                                    offenses or State or local offenses for
                                    which an essential element was the
                                    alien's immigration status or a
                                    violation of this Act) if the alien was
                                    convicted on different dates for each
                                    of the 3 offenses;
                                        ``(IV) any offense under foreign
                                    law, except for a purely political
                                    offense, which, if the offense had been
                                    committed in the United States, would
                                    render the alien inadmissible under
                                    section 212(a) (excluding the
                                    paragraphs set forth in clause (ii)) or
                                    removable under section 237(a), except
                                    as provided in paragraph (3) of section
                                    237(a);
                                        ``(V) unlawful voting (as defined
                                    in section 237(a)(6));
                                ``(ii) is admissible under section 212(a),
                            except that in determining an alien's
                            admissibility--
                                        ``(I) paragraphs (4), (5), (7), and
                                    (9)(B) of section 212(a) shall not
                                    apply;
                                        ``(II) subparagraphs (A), (C), (D),
                                    (F), and (G) of section 212(a)(6) and
                                    paragraphs (9)(C) and (10)(B) of
                                    section 212(a) shall not apply unless
                                    based on the act of unlawfully entering
                                    the United States after the date of the
                                    enactment of the Border Security,
                                    Economic Opportunity, and Immigration
                                    Modernization Act; and
                                        ``(III) paragraphs (6)(B) and
                                    (9)(A) of section 212(a) shall not
                                    apply unless the relevant conduct began
                                    on or after the date on which the alien
                                    files an application for registered
                                    provisional immigrant status under this
                                    section;
                                ``(iii) the Secretary knows or has
                            reasonable grounds to believe, is engaged in or
                            is likely to engage after entry in any
                            terrorist activity (as defined in section
                            212(a)(3)(B)(iv)); or
                                ``(iv) was, on the date on which this Act
                            was introduced in the Senate--
                                        ``(I) an alien lawfully admitted
                                    for permanent residence;
                                        ``(II) an alien admitted as a
                                    refugee under section 207 or granted
                                    asylum under section 208; or
                                        ``(III) an alien who, according to
                                    the records of the Secretary or the
                                    Secretary of State, is lawfully present
                                    in the United States in any
                                    nonimmigrant status (other than an
                                    alien considered to be a nonimmigrant
                                    solely due to the application of
                                    section 244(f)(4) or the amendment made
                                    by section 702 of the Consolidated
                                    Natural Resources Act of 2008 (Public
                                    Law 110-229)), notwithstanding any
                                    unauthorized employment or other
                                    violation of nonimmigrant status.
                        ``(B) Waiver.--
                                ``(i) In general.--The Secretary may waive
                            the application of subparagraph (A)(i)(III) or
                            any provision of section 212(a) that is not
                            listed in clause (ii) on behalf of an alien for
                            humanitarian purposes, to ensure family unity,
                            or if such a waiver is otherwise in the public
                            interest. Any discretionary authority to waive
                            grounds of inadmissibility under section 212(a)
                            conferred under any other provision of this Act
                            shall apply equally to aliens seeking
                            registered provisional status under this
                            section.
                                ``(ii) Exceptions.--The discretionary
                            authority under clause (i) may not be used to
                            waive--
                                        ``(I) subparagraph (B), (C),
                                    (D)(ii), (E), (G), (H), or (I) of
                                    section 212(a)(2);
                                        ``(II) section 212(a)(3);
                                        ``(III) subparagraph (A), (C), (D),
                                    or (E) of section 212(a)(10); or
                                        ``(IV) with respect to
                                    misrepresentations relating to the
                                    application for registered provisional
                                    immigrant status, section
                                    212(a)(6)(C)(i).
                        ``(C) Conviction explained.--For purposes of this
                    paragraph, the term `conviction' does not include a
                    judgment that has been expunged, set aside, or the
                    equivalent.
                        ``(D) Rule of construction.--Nothing in this
                    paragraph may be construed to require the Secretary to
                    commence removal proceedings against an alien.
                ``(4) Applicability of other provisions.--Sections
            208(d)(6) and 240B(d) shall not apply to any alien filing an
            application for registered provisional immigrant status under
            this section.
                ``(5) Dependent spouse and children.--
                        ``(A) In general.--Notwithstanding any other
                    provision of law, the Secretary shall classify the
                    spouse or child of a registered provisional immigrant
                    as a registered provisional immigrant dependent if the
                    spouse or child--
                                ``(i) is physically present in the United
                            States--
                                        ``(I) on the date on which the
                                    registered provisional immigrant is
                                    granted such status; and
                                        ``(II) on or before December 30,
                                    2012;
                                ``(ii) meets all of the eligibility
                            requirements set forth in this subsection,
                            other than the requirements of clause (ii) or
                            (iii) of paragraph (2).
                        ``(B) Effect of termination of legal
                    relationship.--If the spousal or parental relationship
                    between an alien who is granted registered provisional
                    immigrant status under this section and the alien's
                    child is terminated, the spouse or child may apply for
                    classification as a registered provisional immigrant
                    dependent if the termination of the relationship with
                    such parent was due to death, divorce, or otherwise
                    connected to domestic violence, notwithstanding
                    subsection (c)(3).
                        ``(C) Effect of disqualification of parent.--If the
                    application of a spouse or parent for registered
                    provisional immigrant status is terminated or revoked,
                    the husband, wife, or child of that spouse or parent
                    shall be eligible to apply for registered provisional
                    immigrant status independent of the parent
                    notwithstanding subsection (c)(3).
        ``(c) Application Procedures.--
                ``(1) In general.--An alien, or the dependent spouse or
            child of such alien, who meets the eligibility requirements set
            forth in subsection (b) may apply for status as a registered
            provisional immigrant or a registered provisional immigrant
            dependent, as applicable, by submitting a completed application
            form to the Secretary during the application period set forth
            in paragraph (3), in accordance with the final rule promulgated
            by the Secretary under the Border Security, Economic
            Opportunity, and Immigration Modernization Act. An applicant
            for registered provisional immigrant status shall be treated as
            an applicant for admission.
                ``(2) Payment of taxes.--
                        ``(A) In general.--An alien may not file an
                    application for registered provisional immigrant status
                    under paragraph (1) unless the applicant has satisfied
                    any applicable Federal tax liability.
                        ``(B) Definition of applicable federal tax
                    liability.--In this paragraph, the term `applicable
                    Federal tax liability' means all Federal income taxes
                    assessed in accordance with section 6203 of the
                    Internal Revenue Code of 1986.
                        ``(C) Demonstration of compliance.--An applicant
                    may demonstrate compliance with this paragraph by
                    submitting appropriate documentation, in accordance
                    with regulations promulgated by the Secretary, in
                    consultation with the Secretary of the Treasury.
                ``(3) Application period.--
                        ``(A) Initial period.--Except as provided in
                    subparagraph (B), the Secretary may only accept
                    applications for registered provisional immigrant
                    status from aliens in the United States during the 1-
                    year period beginning on the date on which the final
                    rule is published in the Federal Register pursuant to
                    paragraph (1).
                        ``(B) Extension.--If the Secretary determines,
                    during the initial period described in subparagraph
                    (A), that additional time is required to process
                    applications for registered provisional immigrant
                    status or for other good cause, the Secretary may
                    extend the period for accepting applications for such
                    status for an additional 18 months.
                ``(4) Application form.--
                        ``(A) Required information.--The application form
                    referred to in paragraph (1) shall collect such
                    information as the Secretary determines necessary and
                    appropriate.
                        ``(B) Family application.--The Secretary shall
                    establish a process through which an alien may submit a
                    single application under this section on behalf of the
                    alien, his or her spouse, and his or her children, who
                    are residing in the United States.
                        ``(C) Interview.--The Secretary may interview
                    applicants for registered provisional immigrant status
                    under this section to determine whether they meet the
                    eligibility requirements set forth in subsection (b).
                ``(5) Aliens apprehended before or during the application
            period.--If an alien who is apprehended during the period
            beginning on the date of the enactment of the Border Security,
            Economic Opportunity, and Immigration Modernization Act and the
            end of the application period described in paragraph (3)
            appears prima facie eligible for registered provisional
            immigrant status, to the satisfaction of the Secretary, the
            Secretary--
                        ``(A) shall provide the alien with a reasonable
                    opportunity to file an application under this section
                    during such application period; and
                        ``(B) may not remove the individual until a final
                    administrative determination is made on the
                    application.
                ``(6) Eligibility after departure.--
                        ``(A) In general.--An alien who departed from the
                    United States while subject to an order of exclusion,
                    deportation, or removal, or pursuant to an order of
                    voluntary departure and who is outside of the United
                    States, or who has reentered the United States
                    illegally after December 31, 2011 without receiving the
                    Secretary's consent to reapply for admission under
                    section 212(a)(9), shall not be eligible to file an
                    application for registered provisional immigrant
                    status.
                        ``(B) Waiver.--The Secretary, in the Secretary's
                    sole and unreviewable discretion, may waive the
                    application of subparagraph (A) on behalf of an alien
                    if the alien--
                                ``(i) is the spouse or child of a United
                            States citizen or lawful permanent resident;
                                ``(ii) is the parent of a child who is a
                            United States citizen or lawful permanent
                            resident;
                                ``(iii) meets the requirements set forth in
                            clause (ii) and (iii) of section 245D(b)(1)(A);
                            or
                                ``(iv) meets the requirements set forth in
                            section 245D(b)(1)(A)(ii), is 16 years or older
                            on the date on which the alien applies for
                            registered provisional immigrant status, and
                            was physically present in the United States for
                            an aggregate period of not less than 3 years
                            during the 6-year period immediately preceding
                            the date of the enactment of the Border
                            Security, Economic Opportunity, and Immigration
                            Modernization Act.
                        ``(C) Eligibility.--Notwithstanding subsection
                    (b)(2), section 241(a)(5), or a prior order of
                    exclusion, deportation, or removal, an alien described
                    in subparagraph (B) who is otherwise eligible for
                    registered provisional immigrant status may file an
                    application for such status.
                ``(7) Suspension of removal during application period.--
                        ``(A) Protection from detention or removal.--A
                    registered provisional immigrant may not be detained by
                    the Secretary or removed from the United States,
                    unless--
                                ``(i) the Secretary determines that--
                                        ``(I) such alien is, or has become,
                                    ineligible for registered provisional
                                    immigrant status under subsection
                                    (b)(3); or
                                        ``(II) the alien's registered
                                    provisional immigrant status has been
                                    revoked under subsection (d)(2).
                        ``(B) Aliens in removal proceedings.--
                    Notwithstanding any other provision of this Act--
                                ``(i) if the Secretary determines that an
                            alien, during the period beginning on the date
                            of the enactment of this section and ending on
                            the last day of the application period
                            described in paragraph (3), is in removal,
                            deportation, or exclusion proceedings before
                            the Executive Office for Immigration Review and
                            is prima facie eligible for registered
                            provisional immigrant status under this
                            section--
                                        ``(I) the Secretary shall provide
                                    the alien with the opportunity to file
                                    an application for such status; and
                                        ``(II) upon motion by the Secretary
                                    and with the consent of the alien or
                                    upon motion by the alien, the Executive
                                    Office for Immigration Review shall--
                                                ``(aa) terminate such
                                            proceedings without prejudice
                                            to future proceedings on any
                                            basis; and
                                                ``(bb) provide the alien a
                                            reasonable opportunity to apply
                                            for such status; and
                                ``(ii) if the Executive Office for
                            Immigration Review determines that an alien,
                            during the application period described in
                            paragraph (3), is in removal, deportation, or
                            exclusion proceedings before the Executive
                            Office for Immigration Review and is prima
                            facie eligible for registered provisional
                            immigrant status under this section--
                                        ``(I) the Executive Office of
                                    Immigration Review shall notify the
                                    Secretary of such determination; and
                                        ``(II) if the Secretary does not
                                    dispute the determination of prima
                                    facie eligibility within 7 days after
                                    such notification, the Executive Office
                                    for Immigration Review, upon consent of
                                    the alien, shall--
                                                ``(aa) terminate such
                                            proceedings without prejudice
                                            to future proceedings on any
                                            basis; and
                                                ``(bb) permit the alien a
                                            reasonable opportunity to apply
                                            for such status.
                        ``(C) Treatment of certain aliens.--
                                ``(i) In general.--If an alien who meets
                            the eligibility requirements set forth in
                            subsection (b) is present in the United States
                            and has been ordered excluded, deported, or
                            removed, or ordered to depart voluntarily from
                            the United States under any provision of this
                            Act--
                                        ``(I) notwithstanding such order or
                                    section 241(a)(5), the alien may apply
                                    for registered provisional immigrant
                                    status under this section; and
                                        ``(II) if the alien is granted such
                                    status, the alien shall file a motion
                                    to reopen the exclusion, deportation,
                                    removal, or voluntary departure order,
                                    which motion shall be granted unless 1
                                    or more of the grounds of ineligibility
                                    is established by clear and convincing
                                    evidence.
                                ``(ii) Limitations on motions to reopen.--
                            The limitations on motions to reopen set forth
                            in section 240(c)(7) shall not apply to motions
                            filed under clause (i)(II).
                        ``(D) Period pending adjudication of application.--
                                ``(i) In general.--During the period
                            beginning on the date on which an alien applies
                            for registered provisional immigrant status
                            under paragraph (1) and the date on which the
                            Secretary makes a final decision regarding such
                            application, the alien--
                                        ``(I) may receive advance parole to
                                    reenter the United States if urgent
                                    humanitarian circumstances compel such
                                    travel;
                                        ``(II) may not be detained by the
                                    Secretary or removed from the United
                                    States unless the Secretary makes a
                                    prima facie determination that such
                                    alien is, or has become, ineligible for
                                    registered provisional immigrant status
                                    under subsection (b)(3);
                                        ``(III) shall not be considered
                                    unlawfully present for purposes of
                                    section 212(a)(9)(B); and
                                        ``(IV) shall not be considered an
                                    unauthorized alien (as defined in
                                    section 274A(h)(3)).
                                ``(ii) Evidence of application filing.--As
                            soon as practicable after receiving each
                            application for registered provisional
                            immigrant status, the Secretary shall provide
                            the applicant with a document acknowledging the
                            receipt of such application.
                                ``(iii) Continuing employment.--An employer
                            who knows that an alien employee is an
                            applicant for registered provisional immigrant
                            status or will apply for such status once the
                            application period commences is not in
                            violation of section 274A(a)(2) if the employer
                            continues to employ the alien pending the
                            adjudication of the alien employee's
                            application.
                                ``(iv) Effect of departure.--Section 101(g)
                            shall not apply to an alien granted--
                                        ``(I) advance parole under clause
                                    (i)(I) to reenter the United States; or
                                        ``(II) registered provisional
                                    immigrant status.
                ``(8) Security and law enforcement clearances.--
                        ``(A) Biometric and biographic data.--The Secretary
                    may not grant registered provisional immigrant status
                    to an alien or an alien dependent spouse or child under
                    this section unless such alien submits biometric and
                    biographic data in accordance with procedures
                    established by the Secretary.
                        ``(B) Alternative procedures.--The Secretary shall
                    provide an alternative procedure for applicants who
                    cannot provide the standard biometric data required
                    under subparagraph (A) because of a physical
                    impairment.
                        ``(C) Clearances.--
                                ``(i) Data collection.--The Secretary shall
                            collect, from each alien applying for status
                            under this section, biometric, biographic, and
                            other data that the Secretary determines to be
                            appropriate--
                                        ``(I) to conduct national security
                                    and law enforcement clearances; and
                                        ``(II) to determine whether there
                                    are any national security or law
                                    enforcement factors that would render
                                    an alien ineligible for such status.
                                ``(ii) Prerequisite.--The required
                            clearances described in clause (i)(I) shall be
                            completed before the alien may be granted
                            registered provisional immigrant status.
                ``(9) Duration of status and extension.--
                        ``(A) In general.--The initial period of authorized
                    admission for a registered provisional immigrant--
                                ``(i) shall remain valid for 6 years unless
                            revoked pursuant to subsection (d)(2); and
                                ``(ii) may be extended for additional 6-
                            year terms if--
                                        ``(I) the alien remains eligible
                                    for registered provisional immigrant
                                    status;
                                        ``(II) the alien meets the
                                    employment requirements set forth in
                                    subparagraph (B); and
                                        ``(III) such status was not revoked
                                    by the Secretary for any reason.
                        ``(B) Employment or education requirement.--Except
                    as provided in subparagraphs (D) and (E) of section
                    245C(b)(3), an alien may not be granted an extension of
                    registered provisional immigrant status under this
                    paragraph unless the alien establishes that, during the
                    alien's period of status as a registered provisional
                    immigrant, the alien--
                                ``(i)(I) was regularly employed throughout
                            the period of admission as a registered
                            provisional immigrant, allowing for brief
                            periods lasting not more than 60 days; and
                                ``(II) is not likely to become a public
                            charge (as determined under section 212(a)(4));
                            or
                                ``(ii) is able to demonstrate average
                            income or resources that are not less than 100
                            percent of the Federal poverty level throughout
                            the period of admission as a registered
                            provisional immigrant.
                        ``(C) Payment of taxes.--An applicant may not be
                    granted an extension of registered provisional
                    immigrant status under subparagraph (A)(ii) unless the
                    applicant has satisfied any applicable Federal tax
                    liability in accordance with paragraph (2).
                ``(10) Fees and penalties.--
                        ``(A) Standard processing fee.--
                                ``(i) In general.--Aliens who are 16 years
                            of age or older and are applying for registered
                            provisional immigrant status under paragraph
                            (1), or for an extension of such status under
                            paragraph (9)(A)(ii), shall pay a processing
                            fee to the Department of Homeland Security in
                            an amount determined by the Secretary.
                                ``(ii) Recovery of costs.--The processing
                            fee authorized under clause (i) shall be set at
                            a level that is sufficient to recover the full
                            costs of processing the application, including
                            any costs incurred--
                                        ``(I) to adjudicate the
                                    application;
                                        ``(II) to take and process
                                    biometrics;
                                        ``(III) to perform national
                                    security and criminal checks, including
                                    adjudication;
                                        ``(IV) to prevent and investigate
                                    fraud; and
                                        ``(V) to administer the collection
                                    of such fee.
                                ``(iii) Authority to limit fees.--The
                            Secretary, by regulation, may--
                                        ``(I) limit the maximum processing
                                    fee payable under this subparagraph by
                                    a family, including spouses and
                                    unmarried children younger than 21
                                    years of age; and
                                        ``(II) exempt defined classes of
                                    individuals, including individuals
                                    described in section 245B(c)(13), from
                                    the payment of the fee authorized under
                                    clause (i).
                        ``(B) Deposit and use of processing fees.--Fees
                    collected under subparagraph (A)(i)--
                                ``(i) shall be deposited into the
                            Comprehensive Immigration Reform Trust Fund
                            established under section 6(a)(1) of the Border
                            Security, Economic Opportunity, and Immigration
                            Modernization Act; and
                                ``(ii) may be used for the purposes set
                            forth in section 6(a)(3)(B) of such Act.
                        ``(C) Penalty.--
                                ``(i) Payment.--In addition to the
                            processing fee required under subparagraph (A),
                            aliens not described in section 245D who are 21
                            years of age or older and are filing an
                            application under this subsection shall pay a
                            $1,000 penalty to the Department of Homeland
                            Security.
                                ``(ii) Installments.--The Secretary shall
                            establish a process for collecting payments
                            required under clause (i) that--
                                        ``(I) requires the alien to pay
                                    $500 in conjunction with the submission
                                    of an application under this subsection
                                    for registered provisional immigrant
                                    status; and
                                        ``(II) allows the remaining $500 to
                                    be paid in periodic installments that
                                    shall be completed before the alien may
                                    be granted an extension of status under
                                    paragraph (9)(A)(ii).
                                ``(iii) Deposit.--Penalties collected
                            pursuant to this subparagraph shall be
                            deposited into the Comprehensive Immigration
                            Reform Trust Fund established under section
                            6(a)(1) of the Border Security, Economic
                            Opportunity, and Immigration Modernization Act.
                ``(11) Adjudication.--
                        ``(A) Failure to submit sufficient evidence.--The
                    Secretary shall deny an application submitted by an
                    alien who fails to submit--
                                ``(i) requested initial evidence, including
                            requested biometric data; or
                                ``(ii) any requested additional evidence by
                            the date required by the Secretary.
                        ``(B) Amended application.--An alien whose
                    application for registered provisional immigrant status
                    is denied under subparagraph (A) may file an amended
                    application for such status to the Secretary if the
                    amended application--
                                ``(i) is filed within the application
                            period described in paragraph (3); and
                                ``(ii) contains all the required
                            information and fees that were missing from the
                            initial application.
                ``(12) Evidence of registered provisional immigrant
            status.--
                        ``(A) In general.--The Secretary shall issue
                    documentary evidence of registered provisional
                    immigrant status to each alien whose application for
                    such status has been approved.
                        ``(B) Documentation features.--Documentary evidence
                    provided under subparagraph (A)--
                                ``(i) shall be machine-readable and tamper-
                            resistant, and shall contain a digitized
                            photograph;
                                ``(ii) shall, during the alien's authorized
                            period of admission, and any extension of such
                            authorized admission, serve as a valid travel
                            and entry document for the purpose of applying
                            for admission to the United States;
                                ``(iii) may be accepted during the period
                            of its validity by an employer as evidence of
                            employment authorization and identity under
                            section 274A(b)(1)(B);
                                ``(iv) shall indicate that the alien is
                            authorized to work in the United States for up
                            to 3 years; and
                                ``(v) shall include such other features and
                            information as may be prescribed by the
                            Secretary.
                ``(13) Daca recipients.--Unless the Secretary determines
            that an alien who was granted Deferred Action for Childhood
            Arrivals (referred to in this paragraph as `DACA') pursuant to
            the Secretary's memorandum of June 15, 2012, has engaged in
            conduct since the alien was granted DACA that would make the
            alien ineligible for registered provisional immigrant status,
            the Secretary may grant such status to the alien if renewed
            national security and law enforcement clearances have been
            completed on behalf of the alien.
        ``(d) Terms and Conditions of Registered Provisional Immigrant
    Status.--
                ``(1) Conditions of registered provisional immigrant
            status.--
                        ``(A) Employment.--Notwithstanding any other
                    provision of law, including section 241(a)(7), a
                    registered provisional immigrant shall be authorized to
                    be employed in the United States while in such status.
                        ``(B) Travel outside the united states.--A
                    registered provisional immigrant may travel outside of
                    the United States and may be admitted, if otherwise
                    admissible, upon returning to the United States without
                    having to obtain a visa if--
                                ``(i) the alien is in possession of--
                                        ``(I) valid, unexpired documentary
                                    evidence of registered provisional
                                    immigrant status that complies with
                                    subsection (c)(12); or
                                        ``(II) a travel document, duly
                                    approved by the Secretary, that was
                                    issued to the alien after the alien's
                                    original documentary evidence was lost,
                                    stolen, or destroyed;
                                ``(ii) the alien's absence from the United
                            States did not exceed 180 days, unless the
                            alien's failure to timely return was due to
                            extenuating circumstances beyond the alien's
                            control;
                                ``(iii) the alien meets the requirements
                            for an extension as described in subclauses (I)
                            and (III) of paragraph (9)(A); and
                                ``(iv) the alien establishes that the alien
                            is not inadmissible under subparagraph (A)(i),
                            (A)(iii), (B), or (C) of section 212(a)(3).
                        ``(C) Admission.--An alien granted registered
                    provisional immigrant status under this section shall
                    be considered to have been admitted and lawfully
                    present in the United States in such status as of the
                    date on which the alien's application was filed.
                        ``(D) Clarification of status.--An alien granted
                    registered provisional immigrant status--
                                ``(i) is lawfully admitted to the United
                            States; and
                                ``(ii) may not be classified as a
                            nonimmigrant or as an alien who has been
                            lawfully admitted for permanent residence.
                ``(2) Revocation.--
                        ``(A) In general.--The Secretary may revoke the
                    status of a registered provisional immigrant at any
                    time after providing appropriate notice to the alien,
                    and after the exhaustion or waiver of all applicable
                    administrative review procedures under section 245E(c),
                    if the alien--
                                ``(i) no longer meets the eligibility
                            requirements set forth in subsection (b);
                                ``(ii) knowingly used documentation issued
                            under this section for an unlawful or
                            fraudulent purpose; or
                                ``(iii) was absent from the United States--
                                        ``(I) for any single period longer
                                    than 180 days in violation of the
                                    requirements set forth in paragraph
                                    (1)(B)(ii); or
                                        ``(II) for more than 180 days in
                                    the aggregate during any calendar year,
                                    unless the alien's failure to timely
                                    return was due to extenuating
                                    circumstances beyond the alien's
                                    control.
                        ``(B) Additional evidence.--In determining whether
                    to revoke an alien's status under subparagraph (A), the
                    Secretary may require the alien--
                                ``(i) to submit additional evidence; or
                                ``(ii) to appear for an interview.
                        ``(C) Invalidation of documentation.--If an alien's
                    registered provisional immigrant status is revoked
                    under subparagraph (A), any documentation issued by the
                    Secretary to such alien under subsection (c)(12) shall
                    automatically be rendered invalid for any purpose
                    except for departure from the United States.
                ``(3) Ineligibility for public benefits.--An alien who has
            been granted registered provisional immigrant status under this
            section is not eligible for any Federal means-tested public
            benefit (as such term is defined in section 403 of the Personal
            Responsibility and Work Opportunity Reconciliation Act of 1996
            (8 U.S.C. 1613)).
                ``(4) Treatment of registered provisional immigrants.--A
            noncitizen granted registered provisional immigrant status
            under this section shall be considered lawfully present in the
            United States for all purposes while such noncitizen remains in
            such status, except that the noncitizen--
                        ``(A) is not entitled to the premium assistance tax
                    credit authorized under section 36B of the Internal
                    Revenue Code of 1986;
                        ``(B) shall be subject to the rules applicable to
                    individuals not lawfully present that are set forth in
                    subsection (e) of such section; and
                        ``(C) shall be subject to the rules applicable to
                    individuals not lawfully present that are set forth in
                    section 1402(e) of the Patient Protection and
                    Affordable Care Act (42 U.S.C. 18071).
                ``(5) Assignment of social security number.--
                        ``(A) In general.--The Commissioner of Social
                    Security, in coordination with the Secretary, shall
                    implement a system to allow for the assignment of a
                    Social Security number and the issuance of a Social
                    Security card to each alien who has been granted
                    registered provisional immigrant status under this
                    section.
                        ``(B) Use of information.--The Secretary shall
                    provide the Commissioner of Social Security with
                    information from the applications filed by aliens
                    granted registered provisional immigrant status under
                    this section and such other information as the
                    Commissioner determines to be necessary to assign a
                    Social Security account number to such aliens. The
                    Commissioner may use information received from the
                    Secretary under this subparagraph to assign Social
                    Security account numbers to such aliens and to
                    administer the programs of the Social Security
                    Administration. The Commissioner may maintain, use, and
                    disclose such information only as permitted under
                    section 552a of title 5, United States Code (commonly
                    known as the Privacy Act of 1974) and other applicable
                    Federal laws.
        ``(e) Dissemination of Information on Registered Provisional
    Immigrant Program.--As soon as practicable after the date of the
    enactment of the Border Security, Economic Opportunity, and Immigration
    Modernization Act, the Secretary, in cooperation with entities approved
    by the Secretary, and in accordance with a plan adopted by the
    Secretary, shall broadly disseminate, in the most common languages
    spoken by aliens who would qualify for registered provisional immigrant
    status under this section, to television, radio, print, and social
    media to which such aliens would likely have access--
                ``(1) the procedures for applying for such status;
                ``(2) the terms and conditions of such status; and
                ``(3) the eligibility requirements for such status.''.
        (b) Enlistment in the Armed Forces.--Section 504(b)(1) of title 10,
    United States Code, is amended by adding at the end the following:
                ``(D) An alien who has been granted registered provisional
            immigrant status under section 245B of the Immigration and
            Nationality Act.''.

    SEC. 2102. ADJUSTMENT OF STATUS OF REGISTERED PROVISIONAL IMMIGRANTS.

        (a) In General.--Chapter 5 of title II (8 U.S.C. 1255 et seq.) is
    amended by inserting after section 245B, as added by section 2101 of
    this title, the following:

    ``SEC. 245C. ADJUSTMENT OF STATUS OF REGISTERED PROVISIONAL IMMIGRANTS.

        ``(a) In General.--Subject to section 245E(d) and section
    2302(c)(3) of the Border Security, Economic Opportunity, and
    Immigration Modernization Act, the Secretary of Homeland Security
    (referred to in this section as the `Secretary') may adjust the status
    of a registered provisional immigrant to that of an alien lawfully
    admitted for permanent residence if the registered provisional
    immigrant satisfies the eligibility requirements set forth in
    subsection (b).
        ``(b) Eligibility Requirements.--
                ``(1) Registered provisional immigrant status.--
                        ``(A) In general.--The alien was granted registered
                    provisional immigrant status under section 245B and
                    remains eligible for such status.
                        ``(B) Continuous physical presence.--The alien
                    establishes, to the satisfaction of the Secretary, that
                    the alien was not continuously absent from the United
                    States for more than 180 days in any calendar year
                    during the period of admission as a registered
                    provisional immigrant, unless the alien's absence was
                    due to extenuating circumstances beyond the alien's
                    control.
                        ``(C) Maintenance of waivers of admissibility.--The
                    grounds of inadmissibility set forth in section 212(a)
                    that were previously waived for the alien or made
                    inapplicable under section 245B(b) shall not apply for
                    purposes of the alien's adjustment of status under this
                    section.
                        ``(D) Pending revocation proceedings.--If the
                    Secretary has notified the applicant that the Secretary
                    intends to revoke the applicant's registered
                    provisional immigrant status under section
                    245B(d)(2)(A), the Secretary may not approve an
                    application for adjustment of status under this section
                    unless the Secretary makes a final determination not to
                    revoke the applicant's status.
                ``(2) Payment of taxes.--
                        ``(A) In general.--An applicant may not file an
                    application for adjustment of status under this section
                    unless the applicant has satisfied any applicable
                    Federal tax liability.
                        ``(B) Definition of applicable federal tax
                    liability.--In subparagraph (A), the term `applicable
                    Federal tax liability' means all assessed Federal
                    income taxes since the date on which the applicant was
                    authorized to work in the United States as a registered
                    provisional immigrant under section 245B(a).
                        ``(C) Compliance.--The applicant may demonstrate
                    compliance with subparagraph (A) by submitting such
                    documentation as the Secretary, in consultation with
                    the Secretary of the Treasury, may require by
                    regulation.
                ``(3) Employment or education requirement.--
                        ``(A) In general.--Except as provided in
                    subparagraphs (D) and (E), an alien applying for
                    adjustment of status under this section shall establish
                    that, during his or her period of status as a
                    registered provisional immigrant, he or she--
                                ``(i)(I) was regularly employed throughout
                            the period of admission as a registered
                            provisional immigrant, allowing for brief
                            periods lasting not more than 60 days; and
                                ``(II) is not likely to become a public
                            charge (as determined under section 212(a)(4));
                            or
                                ``(ii) can demonstrate average income or
                            resources that are not less than 125 percent of
                            the Federal poverty level throughout the period
                            of admission as a registered provisional
                            immigrant.
                        ``(B) Evidence of employment.--
                                ``(i) Documents.--An alien may satisfy the
                            employment requirement under subparagraph
                            (A)(i) by submitting, to the Secretary, records
                            that--
                                        ``(I) establish, by the
                                    preponderance of the evidence,
                                    compliance with such employment
                                    requirement; and
                                        ``(II) have been maintained by the
                                    Social Security Administration, the
                                    Internal Revenue Service, or any other
                                    Federal, State, or local government
                                    agency.
                                ``(ii) Other documents.--An alien who is
                            unable to submit the records described in
                            clause (i) may satisfy the employment or
                            education requirement under subparagraph (A) by
                            submitting to the Secretary at least 2 types of
                            reliable documents not described in clause (i)
                            that provide evidence of employment or
                            education, including--
                                        ``(I) bank records;
                                        ``(II) business records;
                                        ``(III) employer records;
                                        ``(IV) records of a labor union,
                                    day labor center, or organization that
                                    assists workers in employment;
                                        ``(V) sworn affidavits from
                                    nonrelatives who have direct knowledge
                                    of the alien's work or education, that
                                    contain--
                                                ``(aa) the name, address,
                                            and telephone number of the
                                            affiant;
                                                ``(bb) the nature and
                                            duration of the relationship
                                            between the affiant and the
                                            alien; and
                                                ``(cc) other verification
                                            or information;
                                        ``(VI) remittance records; and
                                        ``(VII) school records from
                                    institutions described in subparagraph
                                    (D).
                                ``(iii) Additional documents and
                            restrictions.--The Secretary may--
                                        ``(I) designate additional
                                    documents that may be used to establish
                                    compliance with the requirement under
                                    subparagraph (A); and
                                        ``(II) set such terms and
                                    conditions on the use of affidavits as
                                    may be necessary to verify and confirm
                                    the identity of any affiant or to
                                    otherwise prevent fraudulent
                                    submissions.
                        ``(C) Satisfaction of employment requirement.--An
                    alien may not be required to satisfy the employment
                    requirements under this section with a single employer.
                        ``(D) Education permitted.--An alien may satisfy
                    the requirement under subparagraph (A), in whole or in
                    part, by providing evidence of full-time attendance
                    at--
                                ``(i) an institution of higher education
                            (as defined in section 102(a) of the Higher
                            Education Act of 1965 (20 U.S.C. 1002(a)));
                                ``(ii) a secondary school (as defined in
                            section 9101 of the Elementary and Secondary
                            Education Act of 1965 (20 U.S.C. 7801));
                                ``(iii) an education, literacy, or career
                            training program (including vocational
                            training) that is designed to lead to placement
                            in postsecondary education, job training, or
                            employment through which the alien is working
                            toward such placement; or
                                ``(iv) an education program assisting
                            students either in obtaining a regular high
                            school diploma or its recognized equivalent
                            under state law (including a certificate of
                            completion, certificate of attendance, or
                            alternate award), or in passing a General
                            Educational Development exam or other
                            equivalent State-authorized exam.
                        ``(E) Authorization of exceptions and waivers.--
                                ``(i) Exceptions based on age or
                            disability.--The employment and education
                            requirements under this paragraph shall not
                            apply to any alien who --
                                        ``(I) is younger than 21 years of
                                    age on the date on which the alien
                                    files an application for the first
                                    extension of the initial period of
                                    authorized admission as a registered
                                    provisional immigrant;
                                        ``(II) is at least 60 years of age
                                    on the date on which the alien files an
                                    application described in subclause (II)
                                    or at least 65 years of age on the date
                                    on which the alien's status is adjusted
                                    under this section; or
                                        ``(III) has a physical or mental
                                    disability (as defined in section 3(2)
                                    of the Americans with Disabilities Act
                                    of 1990 (42 U.S.C. 12102(2))) or as a
                                    result of pregnancy if such condition
                                    is evidenced by the submission of
                                    documentation prescribed by the
                                    Secretary.
                                ``(ii) Family exceptions.--The employment
                            and education requirements under this paragraph
                            shall not apply to any alien who is a dependent
                            registered provisional immigrant under
                            subsection (b)(5).
                                ``(iii) Temporary exceptions.--The
                            employment and education requirements under
                            this paragraph shall not apply during any
                            period during which the alien--
                                        ``(I) was on medical leave,
                                    maternity leave, or other employment
                                    leave authorized by Federal law, State
                                    law, or the policy of the employer;
                                        ``(II) is or was the primary
                                    caretaker of a child or another person
                                    who requires supervision or is unable
                                    to care for himself or herself; or
                                        ``(III) was unable to work due to
                                    circumstances outside the control of
                                    the alien.
                                ``(iv) Waiver.--The Secretary may waive the
                            employment or education requirements under this
                            paragraph with respect to any individual alien
                            who demonstrates extreme hardship to himself or
                            herself or to a spouse, parent, or child who is
                            a United States citizen or lawful permanent
                            resident.
                ``(4) English skills.--
                        ``(A) In general.--Except as provided under
                    subparagraph (C), a registered provisional immigrant
                    who is 16 years of age or older shall establish that he
                    or she--
                                ``(i) meets the requirements set forth in
                            section 312; or
                                ``(ii) is satisfactorily pursuing a course
                            of study, pursuant to standards established by
                            the Secretary of Education, in consultation
                            with the Secretary, to achieve an understanding
                            of English and knowledge and understanding of
                            the history and Government of the United
                            States, as described in section 312(a).
                        ``(B) Relation to naturalization examination.--A
                    registered provisional immigrant who demonstrates that
                    he or she meets the requirements set forth in section
                    312 may be considered to have satisfied such
                    requirements for purposes of becoming naturalized as a
                    citizen of the United States.
                        ``(C) Exceptions.--
                                ``(i) Mandatory.--Subparagraph (A) shall
                            not apply to any person who is unable to comply
                            with the requirements under that subparagraph
                            because of a physical or developmental
                            disability or mental impairment.
                                ``(ii) Discretionary.--The Secretary may
                            waive all or part of subparagraph (A) for a
                            registered provisional immigrant who is 70
                            years of age or older on the date on which an
                            application is filed for adjustment of status
                            under this section.
                ``(5) Military selective service.--The alien shall provide
            proof of registration under the Military Selective Service Act
            (50 U.S.C. App. 451 et seq.) if the alien is subject to such
            registration.
        ``(c) Application Procedures.--
                ``(1) In general.--Beginning on the date described in
            paragraph (2), a registered provisional immigrant, or a
            registered provisional immigrant dependent, who meets the
            eligibility requirements set forth in subsection (b) may apply
            for adjustment of status to that of an alien lawfully admitted
            for permanent residence by submitting an application to the
            Secretary that includes the evidence required, by regulation,
            to demonstrate the applicant's eligibility for such adjustment.
                ``(2) Back of the line.--The status of a registered
            provisional immigrant may not be adjusted to that of an alien
            lawfully admitted for permanent residence under this section
            until after the Secretary of State certifies that immigrant
            visas have become available for all approved petitions for
            immigrant visas that were filed under sections 201 and 203
            before the date of the enactment of the Border Security,
            Economic Opportunity, and Immigration Modernization Act.
                ``(3) Interview.--The Secretary may interview applicants
            for adjustment of status under this section to determine
            whether they meet the eligibility requirements set forth in
            subsection (b).
                ``(4) Security and law enforcement clearances.--The
            Secretary may not adjust the status of a registered provisional
            immigrant under this section until renewed national security
            and law enforcement clearances have been completed with respect
            to the registered provisional immigrant, to the satisfaction of
            the Secretary.
                ``(5) Fees and penalties.--
                        ``(A) Processing fees.--
                                ``(i) In general.--The Secretary shall
                            impose a processing fee on applicants for
                            adjustment of status under this section at a
                            level sufficient to recover the full cost of
                            processing such applications, including costs
                            associated with--
                                        ``(I) adjudicating the
                                    applications;
                                        ``(II) taking and processing
                                    biometrics;
                                        ``(III) performing national
                                    security and criminal checks, including
                                    adjudication;
                                        ``(IV) preventing and investigating
                                    fraud; and
                                        ``(V) the administration of the
                                    fees collected.
                                ``(ii) Authority to limit fees.--The
                            Secretary, by regulation, may--
                                        ``(I) limit the maximum processing
                                    fee payable under this subparagraph by
                                    a family, including spouses and
                                    children; and
                                        ``(II) exempt other defined classes
                                    of individuals from the payment of the
                                    fee authorized under clause (i).
                                ``(iii) Deposit and use of fees.--Fees
                            collected under this subparagraph--
                                        ``(I) shall be deposited into the
                                    Comprehensive Immigration Reform Trust
                                    Fund established under section 6(a)(1)
                                    of the Border Security, Economic
                                    Opportunity, and Immigration
                                    Modernization Act; and
                                        ``(II) may be used for the purposes
                                    set forth in section 6(a)(3)(B) of such
                                    Act.
                        ``(B) Penalties.--
                                ``(i) In general.--In addition to the
                            processing fee required under subparagraph (A)
                            and the penalty required under section
                            245B(c)(6)(D), an alien who was 21 years of age
                            or older on the date on which the Border
                            Security, Economic Opportunity, and Immigration
                            Modernization Act was originally introduced in
                            the Senate and is filing an application for
                            adjustment of status under this section shall
                            pay a $1,000 penalty to the Secretary unless
                            the alien meets the requirements under section
                            245D(b).
                                ``(ii) Installments.--The Secretary shall
                            establish a process for collecting payments
                            required under clause (i) through periodic
                            installments.
                                ``(iii) Deposit, allocation, and spending
                            of penalties.--Penalties collected under this
                            subparagraph--
                                        ``(I) shall be deposited into the
                                    Comprehensive Immigration Trust Fund
                                    established under section 6(a)(1) of
                                    the Border Security, Economic
                                    Opportunity, and Immigration
                                    Modernization Act; and
                                        ``(II) may be used for the purposes
                                    set forth in section 6(a)(3)(B) of such
                                    Act.''.
        (b) Limitation on Registered Provisional Immigrants.--An alien
    admitted as a registered provisional immigrant may only adjust status
    to an alien lawfully admitted for permanent resident status under
    section 2302 of this Act.
        (c) Naturalization.--Section 319 (8 U.S.C. 1430) is amended--
                (1) in the section heading, by striking ``and employees of
            certain nonprofit organizations'' and inserting ``, employees
            of certain nonprofit organizations, and other long-term lawful
            residents''; and
                (2) by adding at the end the following:
        ``(f) Any lawful permanent resident who was lawfully present in the
    United States and eligible for work authorization for not less than 10
    years before becoming a lawful permanent resident may be naturalized
    upon compliance with all the requirements under this title except the
    provisions of section 316(a)(1) if such person, immediately preceding
    the date on which the person filed an application for naturalization--
                ``(1) has resided continuously within the United States,
            after being lawfully admitted for permanent residence, for at
            least 3 years;
                ``(2) during the 3-year period immediately preceding such
            filing date, has been physically present in the United States
            for periods totaling at least 50 percent of such period; and
                ``(3) has resided within the State or in the jurisdiction
            of the U.S. Citizenship and Immigration Services field office
            in the United States in which the applicant filed such
            application for at least 3 months.''.

    SEC. 2103. THE DREAM ACT.

        (a) Short Title.--This section may be cited as the ``Development,
    Relief, and Education for Alien Minors Act of 2013'' or the ``DREAM Act
    2013''.
        (b) Adjustment of Status for Certain Aliens Who Entered the United
    States as Children.--Chapter 5 of title II (8 U.S.C. 1255 et seq.) is
    amended by inserting after section 245C, as added by section 2102 of
    this title, the following:

    ``SEC. 245D. ADJUSTMENT OF STATUS FOR CERTAIN ALIENS WHO ENTERED THE
                  UNITED STATES AS CHILDREN.

        ``(a) Definitions.--In this section:
                ``(1) Institution of higher education.--The term
            `institution of higher education' has the meaning given such
            term in section 102 of the Higher Education Act of 1965 (20
            U.S.C. 1002), except that the term does not include
            institutions described in subsection (a)(1)(C) of such section.
                ``(2) Secretary.--The term `Secretary' means the Secretary
            of Homeland Security.
                ``(3) Uniformed services.--The term `Uniformed Services'
            has the meaning given the term `uniformed services' in section
            101(a)(5) of title 10, United States Code.
        ``(b) Adjustment of Status for Certain Aliens Who Entered the
    United States as Children.--
                ``(1) Requirements.--
                        ``(A) In general.--The Secretary of Homeland
                    Security may adjust the status of a registered
                    provisional immigrant to the status of a lawful
                    permanent resident if the immigrant demonstrates that
                    he or she--
                                ``(i) has been a registered provisional
                            immigrant for at least 5 years;
                                ``(ii) was younger than 16 years of age on
                            the date on which the alien initially entered
                            the United States;
                                ``(iii) has earned a high school diploma or
                            obtained a general education development
                            certificate in the United States;
                                ``(iv)(I) has acquired a degree from an
                            institution of higher education or has
                            completed at least 2 years, in good standing,
                            in a program for a bachelor's degree or higher
                            degree in the United States; or
                                ``(II) has served in the Uniformed Services
                            for at least 4 years and, if discharged,
                            received an honorable discharge; and
                                ``(v) has provided a list of each secondary
                            school (as that term is defined in section 9101
                            of the Elementary and Secondary Education Act
                            of 1965 (20 U.S.C. 7801)) that the alien
                            attended in the United States.
                        ``(B) Hardship exception.--
                                ``(i) In general.--The Secretary may adjust
                            the status of a registered provisional
                            immigrant to the status of a lawful permanent
                            resident if the alien--
                                        ``(I) satisfies the requirements
                                    under clauses (i), (ii), (iii), and (v)
                                    of subparagraph (A); and
                                        ``(II) demonstrates compelling
                                    circumstances for the inability to
                                    satisfy the requirement under
                                    subparagraph (A)(iv).
                        ``(C) Citizenship requirement.--
                                ``(i) In general.--Except as provided in
                            clause (ii), the Secretary may not adjust the
                            status of an alien to lawful permanent resident
                            status under this section unless the alien
                            demonstrates that the alien satisfies the
                            requirements of section 312(a) of the
                            Immigration and Nationality Act (8 U.S.C.
                            1423(a)).
                                ``(ii) Exception.--Clause (i) shall not
                            apply to an alien whose physical or
                            developmental disability or mental impairment
                            prevents the alien from meeting the
                            requirements such section.
                        ``(D) Submission of biometric and biographic
                    data.--The Secretary may not adjust the status of an
                    alien to lawful permanent resident status unless the
                    alien--
                                ``(i) submits biometric and biographic
                            data, in accordance with procedures established
                            by the Secretary; or
                                ``(ii) complies with an alternative
                            procedure prescribed by the Secretary, if the
                            alien is unable to provide such biometric data
                            because of a physical impairment.
                        ``(E) Background checks.--
                                ``(i) Requirement for background checks.--
                            The Secretary shall utilize biometric,
                            biographic, and other data that the Secretary
                            determines appropriate--
                                        ``(I) to conduct security and law
                                    enforcement background checks of an
                                    alien applying for lawful permanent
                                    resident status under this section; and
                                        ``(II) to determine whether there
                                    is any criminal, national security, or
                                    other factor that would render the
                                    alien ineligible for such status.
                                ``(ii) Completion of background checks.--
                            The Secretary may not adjust an alien's status
                            to the status of a lawful permanent resident
                            under this subsection until the security and
                            law enforcement background checks required
                            under clause (i) have been completed with
                            respect to the alien, to the satisfaction of
                            the Secretary.
                ``(2) Application for lawful permanent resident status.--
                        ``(A) In general.--A registered provisional
                    immigrant seeking lawful permanent resident status
                    shall file an application for such status in such
                    manner as the Secretary of Homeland Security may
                    require.
                        ``(B) Adjudication.--
                                ``(i) In general.--The Secretary shall
                            evaluate each application filed by a registered
                            provisional immigrant under this paragraph to
                            determine whether the alien meets the
                            requirements under paragraph (1).
                                ``(ii) Adjustment of status if favorable
                            determination.--If the Secretary determines
                            that the alien meets the requirements under
                            paragraph (1), the Secretary shall notify the
                            alien of such determination and adjust the
                            status of the alien to lawful permanent
                            resident status, effective as of the date of
                            such determination.
                                ``(iii) Adverse determination.--If the
                            Secretary determines that the alien does not
                            meet the requirements under paragraph (1), the
                            Secretary shall notify the alien of such
                            determination.
                        ``(C) Daca recipients.--The Secretary may adopt
                    streamlined procedures for applicants for adjustment to
                    lawful permanent resident status under this section who
                    were granted Deferred Action for Childhood Arrivals
                    (referred to in this paragraph as `DACA') pursuant to
                    the Secretary's memorandum of June 15, 2012.
                ``(3) Treatment for purposes of naturalization.--
                        ``(A) In general.--An alien granted lawful
                    permanent resident status under this subsection shall
                    be considered, for purposes of title III--
                                ``(i) to have been lawfully admitted for
                            permanent residence; and
                                ``(ii) to have been in the United States as
                            an alien lawfully admitted to the United States
                            for permanent residence during the period the
                            alien was a registered provisional immigrant.
                        ``(B) Limitation on application for
                    naturalization.--An alien may not apply for
                    naturalization while the alien is a registered
                    provisional immigrant..''.
        (c) Exemption From Numerical Limitations.--Section 201(b) (8 U.S.C.
    1151(b)(1)) is amended--
                (1) by redesignating subparagraph (E) as subparagraph (F);
            and
                (2) by inserting after subparagraph (D) the following:
                ``(E) Aliens whose status is adjusted to permanent resident
            status under section 245C or 245D.''.
        (d) Restoration of State Option To Determine Residency for Purposes
    of Higher Education.--
                (1) Repeal.--Section 505 of the Illegal Immigration Reform
            and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is
            repealed.
                (2) Effective date.--The repeal under paragraph (1) shall
            take effect as if included in the original enactment of the
            Illegal Immigration Reform and Immigrant Responsibility Act of
            1996 (division C of Public Law 104-208).

    SEC. 2104. ADDITIONAL REQUIREMENTS.

        (a) In General.--Chapter 5 of title II (8 U.S.C. 1255 et seq.) is
    amended by inserting after section 245C, as added by section 2102 of
    this title, the following:

    ``SEC. 245E. ADDITIONAL REQUIREMENTS RELATING TO REGISTERED PROVISIONAL
                  IMMIGRANTS AND OTHERS.

        ``(a) Disclosures.--
                ``(1) Prohibited disclosures.--Except as otherwise provided
            in this subsection, no officer or employee of any Federal
            agency may--
                        ``(A) use the information furnished in an
                    application for lawful status under section 245B, 245C,
                    or 245D for any purpose other than to make a
                    determination on any application by the alien for any
                    immigration benefit or protection;
                        ``(B) make any publication through which
                    information furnished by any particular applicant can
                    be identified; or
                        ``(C) permit anyone other than the sworn officers,
                    employees, and contractors of such agency or of another
                    entity approved by the Secretary of Homeland Security
                    to examine individual applications that have been filed
                    under either such section.
                ``(2) Required disclosures.--The Secretary shall provide
            the information furnished in an application filed under section
            245B, 245C, or 245D and any other information derived from such
            furnished information to--
                        ``(A) a law enforcement agency, intelligence
                    agency, national security agency, component of the
                    Department of Homeland Security, court, or grand jury
                    if such information is requested by such entity,
                    consistent with law, in connection with--
                                ``(i) a criminal investigation or
                            prosecution of any matter not related to the
                            applicant's immigration status; or
                                ``(ii) a national security investigation or
                            prosecution; and
                        ``(B) an official coroner for purposes of
                    affirmatively identifying a deceased individual,
                    whether or not the death of such individual resulted
                    from a crime.
                ``(3) Auditing and evaluation of information.--The
            Secretary may--
                        ``(A) audit and evaluate information furnished as
                    part of any application filed under section 245B, 245C,
                    or 245D for purposes of identifying immigration fraud
                    or fraud schemes; and
                        ``(B) use any evidence detected by means of audits
                    and evaluations for purposes of investigating,
                    prosecuting, referring for prosecution, or denying or
                    terminating immigration benefits.
        ``(b) Employer Protections.--
                ``(1) Use of employment records.--Copies of employment
            records or other evidence of employment provided by an alien or
            by an alien's employer in support of an alien's application for
            registered provisional immigrant status under section 245B may
            not be used in a civil or criminal prosecution or investigation
            of that employer under section 274A or the Internal Revenue
            Code of 1986 for the prior unlawful employment of that alien
            regardless of the adjudication of such application or
            reconsideration by the Secretary of Homeland Security of such
            alien's prima facie eligibility determination. Employers that
            provide unauthorized aliens with copies of employment records
            or other evidence of employment pursuant to an application for
            registered provisional immigrant status shall not be subject to
            civil and criminal liability pursuant to section 274A for
            employing such unauthorized aliens.
                ``(2) Limit on applicability.--The protections for
            employers and aliens under paragraph (1) shall not apply if the
            aliens or employers submit employment records that are deemed
            to be fraudulent.
        ``(c) Administrative Review.--
                ``(1) Exclusive administrative review.--Administrative
            review of a determination respecting an application for status
            under section 245B, 245C, or 245D shall be conducted solely in
            accordance with this subsection.
                ``(2) Administrative appellate review.--
                        ``(A) Establishment of administrative appellate
                    authority.--The Secretary of Homeland Security shall
                    establish or designate an appellate authority to
                    provide for a single level of administrative appellate
                    review of a determination with respect to applications
                    for, or revocation of, status under sections 245B,
                    245C, and 245D.
                        ``(B) Single appeal for each administrative
                    decision.--
                                ``(i) In general.--An alien in the United
                            States whose application for status under
                            section 245B, 245C, or 245D has been denied or
                            revoked may file with the Secretary not more
                            than 1 appeal of each decision to deny or
                            revoke such status.
                                ``(ii) Notice of appeal.--A notice of
                            appeal filed under this subparagraph shall be
                            filed not later than 90 days after the date of
                            service of the decision of denial or
                            revocation, unless the delay was reasonably
                            justifiable.
                        ``(C) Review by secretary.--Nothing in this
                    paragraph may be construed to limit the authority of
                    the Secretary to certify appeals for review and final
                    administrative decision.
                        ``(D) Denial of petitions for dependents.--Appeals
                    of a decision to deny or revoke a petition filed by a
                    registered provisional immigrant pursuant to
                    regulations promulgated under section 245B to classify
                    a spouse or child of such alien as a registered
                    provisional immigrant shall be subject to the
                    administrative appellate authority described in
                    subparagraph (A).
                        ``(E) Stay of removal.--Aliens seeking
                    administrative review shall not be removed from the
                    United States until a final decision is rendered
                    establishing ineligibility for status under section
                    245B, 245C, or 245D.
                ``(3) Record for review.--Administrative appellate review
            under paragraph (2) shall be de novo and based solely upon--
                        ``(A) the administrative record established at the
                    time of the determination on the application; and
                        ``(B) any additional newly discovered or previously
                    unavailable evidence.
                ``(4) Unlawful presence.--During the period in which an
            alien may request administrative review under this subsection,
            and during the period that any such review is pending, the
            alien shall not be considered `unlawfully present in the United
            States' for purposes of section 212(a)(9)(B).
        ``(d) Privacy and Civil Liberties.--
                ``(1) In general.--The Secretary, in accordance with
            subsection (a)(1), shall require appropriate administrative and
            physical safeguards to protect the security, confidentiality,
            and integrity of personally identifiable information collected,
            maintained, and disseminated pursuant to sections 245B, 245C,
            and 245D.
                ``(2) Assessments.--Notwithstanding the privacy
            requirements set forth in section 222 of the Homeland Security
            Act (6 U.S.C. 142) and the E-Government Act of 2002 (Public Law
            107-347), the Secretary shall conduct a privacy impact
            assessment and a civil liberties impact assessment of the
            legalization program established under sections 245B, 245C, and
            245D during the pendency of the interim final regulations
            required to be issued under section 2110 of the Border
            Security, Economic Opportunity, and Immigration Modernization
            Act.''.
        (b) Judicial Review.--Section 242 (8 U.S.C. 1252) is amended--
                (1) in subsection (a)(2)--
                        (A) in subparagraph (B), by inserting ``the
                    exercise of discretion arising under'' after ``no court
                    shall have jurisdiction to review'';
                        (B) in subparagraph (D), by striking ``raised upon
                    a petition for review filed with an appropriate court
                    of appeals in accordance with this section'';
                (2) in subsection (b)(2), by inserting ``or, in the case of
            a decision rendered under section 245E(c), in the judicial
            circuit in which the petitioner resides'' after
            ``proceedings''; and
                (3) by adding at the end the following:
        ``(h) Judicial Review of Eligibility Determinations Relating to
    Status Under Chapter 5.--
                ``(1) Direct review.--If an alien's application under
            section 245B, 245C, or 245D is denied, or is revoked after the
            exhaustion of administrative appellate review under section
            245E(c), the alien may seek review of such decision, in
            accordance with chapter 7 of title 5, United States Code,
            before the United States district court for the district in
            which the person resides.
                ``(2) Status during review.--While a review described in
            paragraph (1) is pending--
                        ``(A) the alien shall not be deemed to accrue
                    unlawful presence for purposes of section 212(a)(9);
                        ``(B) any unexpired grant of voluntary departure
                    under section 240B shall be tolled; and
                        ``(C) the court shall have the discretion to stay
                    the execution of any order of exclusion, deportation,
                    or removal.
                ``(3) Review after removal proceedings.--An alien may seek
            judicial review of a denial or revocation of approval of the
            alien's application under section 245B, 245C, or 245D in the
            appropriate United States court of appeal in conjunction with
            the judicial review of an order of removal, deportation, or
            exclusion if the validity of the denial has not been upheld in
            a prior judicial proceeding under paragraph (1).
                ``(4) Standard for judicial review.--
                        ``(A) Basis.--Judicial review of a denial, or
                    revocation of an approval, of an application under
                    section 245B, 245C, or 245D shall be based upon the
                    administrative record established at the time of the
                    review.
                        ``(B) Authority to remand.--The reviewing court may
                    remand a case under this subsection to the Secretary of
                    Homeland Security for consideration of additional
                    evidence if the court finds that--
                                ``(i) the additional evidence is material;
                            and
                                ``(ii) there were reasonable grounds for
                            failure to adduce the additional evidence
                            before the Secretary.
                        ``(C) Scope of review.--Notwithstanding any other
                    provision of law, judicial review of all questions
                    arising from a denial, or revocation of an approval, of
                    an application under section 245B, 245C, or 245D shall
                    be governed by the standard of review set forth in
                    section 706 of title 5, United States Code.
                ``(5) Remedial powers.--
                        ``(A) Jurisdiction.--Notwithstanding any other
                    provision of law, the United States district courts
                    shall have jurisdiction over any cause or claim arising
                    from a pattern or practice of the Secretary of Homeland
                    Security in the operation or implementation of the
                    Border Security, Economic Opportunity, and Immigration
                    Modernization Act, or the amendments made by such Act,
                    that is arbitrary, capricious, or otherwise contrary to
                    law.
                        ``(B) Scope of relief.--The United States district
                    courts may order any appropriate relief in a clause or
                    claim described in subparagraph (A) without regard to
                    exhaustion, ripeness, or other standing requirements
                    (other than constitutionally-mandated requirements), if
                    the court determines that--
                                ``(i) the resolution of such cause or claim
                            will serve judicial and administrative
                            efficiency; or
                                ``(ii) a remedy would otherwise not be
                            reasonably available or practicable.
                ``(6) Challenges to the validity of the system.--
                        ``(A) In general.--Except as provided in paragraph
                    (5), any claim that section 245B, 245C, 245D, or 245E
                    or any regulation, written policy, or written
                    directive, issued or unwritten policy or practice
                    initiated by or under the authority of the Secretary of
                    Homeland Security to implement such sections, violates
                    the Constitution of the United States or is otherwise
                    in violation of law is available exclusively in an
                    action instituted in United States District Court in
                    accordance with the procedures prescribed in this
                    paragraph.
                        ``(B) Savings provision.--Except as provided in
                    subparagraph (C), nothing in subparagraph (A) may be
                    construed to preclude an applicant under 245B, 245C, or
                    245D from asserting that an action taken or a decision
                    made by the Secretary with respect to the applicant's
                    status was contrary to law.
                        ``(C) Class actions.--Any claim described in
                    subparagraph (A) that is brought as a class action
                    shall be brought in conformity with--
                                ``(i) the Class Action Fairness Act of 2005
                            (Public Law 109-2); and
                                ``(ii) the Federal Rules of Civil
                            Procedure.
                        ``(D) Preclusive effect.--The final disposition of
                    any claim brought under subparagraph (A) shall be
                    preclusive of any such claim asserted by the same
                    individual in a subsequent proceeding under this
                    subsection.
                        ``(E) Exhaustion and stay of proceedings.--
                                ``(i) In general.--No claim brought under
                            this paragraph shall require the plaintiff to
                            exhaust administrative remedies under section
                            245E(c).
                                ``(ii) Stay authorized.--Nothing in this
                            paragraph may be construed to prevent the court
                            from staying proceedings under this paragraph
                            to permit the Secretary to evaluate an
                            allegation of an unwritten policy or practice
                            or to take corrective action. In determining
                            whether to issue such a stay, the court shall
                            take into account any harm the stay may cause
                            to the claimant.''.
        (c) Rule of Construction.--Section 244(h) shall not limit the
    authority of the Secretary to adjust the status of an alien under
    section 245C or 245D of the Immigration and Nationality Act, as added
    by this subtitle.
        (d) Effect of Failure to Register on Eligibility for Immigration
    Benefits.--Failure to comply with section 264.1(f) of title 8, Code of
    Federal Regulations or with removal orders or voluntary departure
    agreements based on such section for acts committed before the date of
    the enactment of this Act shall not affect the eligibility of an alien
    to apply for a benefit under the Immigration and Nationality Act (8
    U.S.C. 1101 et seq.).
        (e) Clerical Amendment.--The table of contents is amended by
    inserting after the item relating to section 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.''.

    SEC. 2105. CRIMINAL PENALTY.

        (a) In General.--Chapter 69 of title 18, United States Code, is
    amended by adding at the end the following:
    ``Sec. 1430. Improper use of information relating to registered
                  provisional immigrant applications
        ``Any person who knowingly uses, publishes, or permits information
    described in section 245E(a) of the Immigration and Nationality Act to
    be examined in violation of such section shall be fined not more than
    $10,000.''.
        (b) Deposit of Fines.--All criminal penalties collected under
    section 1430 of title 18, United States Code, as added by subsection
    (a), shall be deposited into the Comprehensive Immigration Reform Trust
    Fund established under section 6(a)(1).
        (c) Clerical Amendment.--The table of sections in chapter 69 of
    title 18, United States Code, is amended by adding at the end the
    following:

    ``1430. Improper use of information relating to registered provisional
                                immigrant applications.''.

    SEC. 2106. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS.

        (a) Establishment.--The Secretary may establish, within U.S.
    Citizenship and Immigration Services, a program to award grants, on a
    competitive basis, to eligible public or private nonprofit
    organizations that will use the funding to assist eligible applicants
    under section 245B, 245C, or 245D of the Immigration and Nationality
    Act by providing them with the services described in subsection (c).
        (b) Eligible Public or Private Non-profit Organization.--The term
    ``eligible public or private nonprofit'' means a nonprofit, tax-exempt
    organization, including a community, faith-based or other immigrant-
    serving organization, whose staff has demonstrated qualifications,
    experience, and expertise in providing quality services to immigrants,
    refugees, persons granted asylum, or persons applying for such
    statuses.
        (c) Use of Funds.--Grant funds awarded under this section may be
    used for the design and implementation of programs that provide--
                (1) information to the public regarding the eligibility and
            benefits of registered provisional immigrant status authorized
            under section 245B of the Immigration and Nationality Act,
            particularly individuals potentially eligible for such status;
                (2) assistance, within the scope of authorized practice of
            immigration law, to individuals submitting applications for
            registered provisional immigrant status, including--
                        (A) screening prospective applicants to assess
                    their eligibility for such status;
                        (B) completing applications and petitions,
                    including providing assistance in obtaining the
                    requisite documents and supporting evidence;
                        (C) applying for any waivers for which applicants
                    and qualifying family members may be eligible; and
                        (D) providing any other assistance that the
                    Secretary or grantees consider useful or necessary to
                    apply for registered provisional immigrant status;
                (3) assistance, within the scope of authorized practice of
            immigration law, to individuals seeking to adjust their status
            to that of an alien admitted for permanent residence under
            section 245C of the Immigration and Nationality Act; and
                (4) assistance, within the scope of authorized practice of
            immigration law, and instruction, to individuals--
                        (A) on the rights and responsibilities of United
                    States citizenship;
                        (B) in civics and civics-based English as a second
                    language; and
                        (C) in applying for United States citizenship.
        (d) Source of Grant Funds.--
                (1) Application fees.--The Secretary may use up to
            $50,000,000 from the Comprehensive Immigration Reform Trust
            Fund established under section 6(a)(1) to carry out this
            section.
                (2) Authorization of appropriations.--
                        (A) Amounts authorized.--In addition to the amounts
                    made available under paragraph (1), there are
                    authorized to be appropriated such sums as may be
                    necessary for each of the fiscal years 2014 through
                    2018 to carry out this section.
                        (B) Availability.--Any amounts appropriated
                    pursuant to subparagraph (A) shall remain available
                    until expended.

    SEC. 2107. CONFORMING AMENDMENTS TO THE SOCIAL SECURITY ACT.

        (a) Correction of Social Security Records.--
                (1) In general.--Section 208(e)(1) of the Social Security
            Act (42 U.S.C. 408(e)(1)) is amended--
                        (A) in subparagraph (B)(ii), by striking ``or'' at
                    the end;
                        (B) in subparagraph (C), by striking the comma at
                    the end and inserting a semicolon;
                        (C) by inserting after subparagraph (C) the
                    following:
                        ``(D) who is granted status as a registered
                    provisional immigrant under section 245B or 245D of the
                    Immigration and Nationality Act; or
                        ``(E) whose status is adjusted to that of lawful
                    permanent resident under section 245C of the
                    Immigration and Nationality Act,''; and
                        (D) in the undesignated matter at the end, by
                    inserting ``, or in the case of an alien described in
                    subparagraph (D) or (E), if such conduct is alleged to
                    have occurred before the date on which the alien
                    submitted an application under section 245B of such Act
                    for classification as a registered provisional
                    immigrant'' before the period at the end.
                (2) Effective date.--The amendments made by paragraph (1)
            shall take effect on the first day of the tenth month that
            begins after the date of the enactment of this Act.
        (b) State Discretion Regarding Termination of Parental Rights .--
                (1) In general.--A compelling reason for a State not to
            file (or to join in the filing of) a petition to terminate
            parental rights under section 475(5)(E) of the Social Security
            Act (42 U.S.C. 675(5)(E)) shall include--
                        (A) the removal of the parent from the United
                    States; or
                        (B) the involvement of the parent in (including
                    detention pursuant to) an immigration proceeding,
                    unless the parent is unfit or unwilling to be a parent
                    of the child.
                (2) Conditions.--Before a State may file to terminate the
            parental rights under such section 475(5)(E)--
                        (A) the State (or the county or other political
                    subdivision of the State, as applicable) shall make
                    reasonable efforts--
                                (i) to identify, locate, and contact,
                            through the diplomatic or consular offices of
                            the country to which the parent was removed or
                            in which a parent or relative resides--
                                        (I) any parent of the child who has
                                    been removed from the United States;
                                    and
                                        (II) if possible, any potential
                                    adult relative of the child (as
                                    described in section 471(a)(29));
                                (ii) to notify such parent or relative of
                            the intent of the State (or the county or other
                            political subdivision of the State, as
                            applicable) to file (or to join in the filing
                            of) a petition referred to in paragraph (1); or
                                (iii) to reunify the child with any such
                            parent or relative; and
                        (B) appropriate services have been provided (and
                    documented) to the parent or relative.
                (3) Conforming amendment.--Section 475(5)(E)(ii) of the
            Social Security Act (42 U.S.C. 675(5)(E)) is amended by
            inserting ``, including the reason set forth in section
            2107(b)(1) of the Border Security, Economic Opportunity, and
            Immigration Modernization Act'' after ``child''.
        (c) Children Separated From Parents and Caregivers.--
                (1) State plan for foster care and adoption assistance.--
            Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is
            amended--
                        (A) by amending paragraph (19) to read as follows:
                ``(19) provides that the State shall consider giving
            preference to an adult relative over a nonrelated caregiver
            when determining a placement for a child if--
                        ``(A) the relative caregiver meets all relevant
                    State child protection standards; and
                        ``(B) the standards referred to in subparagraph (A)
                    ensure that the immigration status alone of a parent,
                    legal guardian, or relative shall not disqualify the
                    parent, legal guardian, or relative from being a
                    placement for a child;''; and
                        (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--
                        ``(A) ensure that the case manager for a separated
                    child is capable of communicating in the native
                    language of such child and of the family of such child,
                    or an interpreter who is so capable is provided to
                    communicate with such child and the family of such
                    child at no cost to the child or to the family of such
                    child;
                        ``(B) coordinate with the Department of Homeland
                    Security to ensure that parents who wish for their
                    child to accompany them to their country of origin are
                    given adequate time and assistance to obtain a passport
                    and visa, and to collect all relevant vital documents,
                    such as birth certificate, health, and educational
                    records and other information;
                        ``(C) coordinate with State agencies regarding
                    alternate documentation requirements for a criminal
                    records check or a fingerprint-based check for a
                    caregiver that does not have Federal or State-issued
                    identification;
                        ``(D) preserve, to the greatest extent possible,
                    the privacy and confidentiality of all information
                    gathered in the course of administering the care,
                    custody, and placement of, and follow up services
                    provided to, a separated child, consistent with the
                    best interest of such child, by not disclosing such
                    information to other government agencies or persons
                    (other than a parent, guardian, or relative caregiver
                    or such child), except that the head of the State
                    agency may disclose such information, after placing a
                    written record of the disclosure in the file of the
                    child--
                                ``(i) to a consular official for the
                            purpose of reunification of a child with a
                            parent, legal guardian, or relative caregiver
                            who has been removed or is involved in an
                            immigration proceeding, unless the child has
                            refused contact with, or the sharing of
                            personal or identifying information with, the
                            government of his or her country of origin;
                                ``(ii) when authorized to do so by the
                            child (if the child has attained 18 years of
                            age) if the disclosure is consistent with the
                            best interest of the child; or
                                ``(iii) to a law enforcement agency if the
                            disclosure would prevent imminent and serious
                            harm to another individual; and
                        ``(E) not less frequently than annually, compile,
                    update, and publish a list of entities in the State
                    that are qualified to provide guardian and legal
                    representation services for a separated child, in a
                    language such that a child can read and understand.''.
                (2) Additional information to be included in case plan.--
            Section 475 of such Act (42 U.S.C. 675) is amended--
                        (A) in paragraph (1), by adding at the end the
                    following:
                        ``(H) In the case of a separated child with respect
                    to whom the State plan requires the State to provide
                    services under section 471(a)(34)--
                                ``(i) the location of the parent, guardian,
                            or relative described in paragraph (9)(A) from
                            whom the child has been separated; and
                                ``(ii) a written record of each disclosure
                            to a government agency or person (other than
                            such a parent, guardian, or relative) of
                            information gathered in the course of tracking
                            the care, custody, and placement of, and
                            follow-up services provided to, the child.'';
                            and
                        (B) by adding at the end the following:
                ``(9) The term `separated child' means an individual who--
                        ``(A) has a parent, legal guardian, or primary
                    caregiver who has been--
                                ``(i) detained by a Federal, State, or
                            local law enforcement agency in the enforcement
                            of an immigration law; or
                                ``(ii) removed from the United States as a
                            result of a violation of such a law; and
                        ``(B) is in foster care under the responsibility of
                    a State.''.
                (3) Effective date.--The amendments made by this subsection
            shall take effect on the 1st day of the 1st calendar quarter
            that begins after the 1-year period that begins on the date of
            the enactment of this Act.

    SEC. 2108. GOVERNMENT CONTRACTING AND ACQUISITION OF REAL PROPERTY
                  INTEREST.

        (a) Exemption From Government Contracting and Hiring Rules.--
                (1) In general.--A determination by a Federal agency to use
            a procurement competition exemption under section 253(c) of
            title 41, United States Code, or to use the authority granted
            in paragraph (2), for the purpose of implementing this title
            and the amendments made by this title is not subject to
            challenge by protest to the Government Accountability Office
            under sections 3551 and 3556 of title 31, United States Code,
            or to the Court of Federal Claims, under section 1491 of title
            28, United States Code. An agency shall immediately advise the
            Congress of the exercise of the authority granted under this
            paragraph.
                (2) Government contracting exemption.--The competition
            requirement under section 253(a) of title 41, United States
            Code, may be waived or modified by a Federal agency for any
            procurement conducted to implement this title or the amendments
            made by this title if the senior procurement executive for the
            agency conducting the procurement--
                        (A) determines that the waiver or modification is
                    necessary; and
                        (B) submits an explanation for such determination
                    to the Committee on Homeland Security and Governmental
                    Affairs of the Senate and the Committee on Homeland
                    Security of the House of Representatives.
                (3) Hiring rules exemption.--Notwithstanding any other
            provision of law, the Secretary of Homeland Security is
            authorized to make term, temporary limited, and part-time
            appointments of employees who will implement this title and the
            amendments made by this title without regard to the number of
            such employees, their ratio to permanent full-time employees,
            and the duration of their employment. Nothing in chapter 71 of
            title 5, United States Code, shall affect the authority of any
            Department of Homeland Security management official to hire
            term, temporary limited or part-time employees under this
            paragraph.
        (b) Authority to Waive Annuity Limitations.--Section 824(g)(2)(B)
    of the Foreign Service Act of 1980 (22 U.S.C. 4064(g)(2)(B)) is amended
    by striking ``2009'' and inserting ``2017''.
        (c) Authority to Acquire Leaseholds.--Notwithstanding any other
    provision of law, the Secretary of Homeland Security may acquire a
    leasehold interest in real property, and may provide in a lease entered
    into under this subsection for the construction or modification of any
    facility on the leased property, if the Secretary determines that the
    acquisition of such interest, and such construction or modification,
    are necessary in order to facilitate the implementation of this title
    and the amendments made by this title.

    SEC. 2109. LONG-TERM LEGAL RESIDENTS OF THE COMMONWEALTH OF THE
                  NORTHERN MARIANA ISLANDS.

        Section (6)(e) of the Joint Resolution entitled ``A Joint
    Resolution to approve the `Covenant to Establish a Commonwealth of the
    Northern Mariana Islands in Political Union with the United States of
    America', and for other purposes'', approved March 24, 1976 (48 U.S.C.
    1806(e)), as added by section 702 of the Consolidated Natural Resources
    Act of 2008 (Public Law 110-229; 122 Stat. 854), is amended by adding
    at the end the following:
                ``(6) Special provision regarding long-term residents of
            the commonwealth.--
                        ``(A) CNMI-only resident status.--Notwithstanding
                    paragraph (1), an alien described in subparagraph (B)
                    may, upon the application of the alien, be admitted as
                    an immigrant to the Commonwealth subject to the
                    following rules:
                                ``(i) The alien shall be treated as an
                            immigrant lawfully admitted for permanent
                            residence in the Commonwealth only, including
                            permitting entry to and exit from the
                            Commonwealth, until the earlier of the date on
                            which--
                                        ``(I) the alien ceases to
                                    permanently reside in the Commonwealth;
                                    or
                                        ``(II) the alien's status is
                                    adjusted under this paragraph or
                                    section 245 of the Immigration and
                                    Nationality Act (8 U.S.C. 1255) to that
                                    of an alien lawfully admitted for
                                    permanent residence in accordance with
                                    all applicable eligibility
                                    requirements.
                                ``(ii) The Secretary of Homeland Security
                            shall establish a process for such aliens to
                            apply for CNMI-only permanent resident status
                            during the 90-day period beginning on the first
                            day of the sixth month after the date of the
                            enactment of this paragraph.
                                ``(iii) Nothing in this subparagraph may be
                            construed to provide any alien status under
                            this subparagraph with public assistance to
                            which the alien is not otherwise entitled.
                        ``(B) Aliens described.--An alien is described in
                    this subparagraph if the alien--
                                ``(i) is lawfully present in the
                            Commonwealth under the immigration laws of the
                            United States;
                                ``(ii) is otherwise admissible to the
                            United States under the Immigration and
                            Nationality Act (8 U.S.C. 1101 et seq.);
                                ``(iii) resided continuously and lawfully
                            in the Commonwealth from November 28, 2009,
                            through the date of the enactment of this
                            paragraph;
                                ``(iv) is not a citizen of the Republic of
                            the Marshall Islands, the Federated States of
                            Micronesia, or the Republic of Palau; and
                                ``(v)(I) was born in the Northern Mariana
                            Islands between January 1, 1974 and January 9,
                            1978;
                                ``(II) was, on May 8, 2008, and continues
                            to be as of the date of the enactment of this
                            paragraph, a permanent resident (as defined in
                            section 4303 of title 3 of the Northern Mariana
                            Islands Commonwealth Code, in effect on May 8,
                            2008);
                                ``(III) is the spouse or child (as defined
                            in section 101(b)(1) of the Immigration and
                            Nationality Act (8 U.S.C. 1101(b)(1))), of an
                            alien described in subclauses (I) or (II);
                                ``(IV) was, on May 8, 2008, an immediate
                            relative (as defined in section 4303 of title 3
                            of the Northern Mariana Islands Commonwealth
                            Code, in effect on May 8, 2008, of a United
                            States citizen, notwithstanding the age of the
                            United States citizen, and continues to be such
                            an immediate relative on the date of the
                            application described in subparagraph (A);
                                ``(V) resided in the Northern Mariana
                            Islands as a guest worker under Commonwealth
                            immigration law for at least 5 years before May
                            8, 2008 and is presently resident under CW-1
                            status; or
                                ``(VI) is the spouse or child (as defined
                            in section 101(b)(1) of the Immigration and
                            Nationality Act (8 U.S.C. 1101(b)(1))), of the
                            alien guest worker described in subclause (V)
                            and is presently resident under CW-2 status.
                        ``(C) Adjustment for long term and permanent
                    residents.--Beginning on the date that is 5 years after
                    the date of the enactment of the Border Security,
                    Economic Opportunity, and Immigration Modernization
                    Act, an alien described in subparagraph (B) may apply
                    to receive an immigrant visa or to adjust his or her
                    status to that of an alien lawfully admitted for
                    permanent residence.''.

    SEC. 2110. RULEMAKING.

        (a) In General.--Not later than 1 year after the date of the
    enactment of this Act, the Secretary, the Attorney General, and the
    Secretary of State separately shall issue interim final regulations to
    implement this subtitle and the amendments made by this subtitle, which
    shall take effect immediately upon publication in the Federal Register.
        (b) Application Procedures; Processing Fees; Documentation.--The
    interim final regulations issued under subsection (a) shall include--
                (1) the procedures by which an alien, and the dependent
            spouse and children of such alien may apply for status under
            section 245B of the Immigration and Nationality Act, as added
            by section 2101 of this Act, as a registered provisional
            immigrant or a registered provisional immigrant dependent, as
            applicable, including the evidence required to demonstrate
            eligibility for such status or to be included in each
            application for such status;
                (2) the criteria to be used by the Secretary to determine--
                        (A) the maximum processing fee payable under
                    sections 245B(c)(10)(B) and 245C(c)(5)(A) of such Act
                    by a family, including spouses and unmarried children
                    younger than 21 years of age; and
                        (B) which individuals will be exempt from such
                    fees;
                (3) the documentation required to be submitted by the
            applicant to demonstrate compliance with section 245C(b)(3) of
            such Act; and
                (4) the procedures for a registered provisional immigrant
            to apply for adjustment of status under section 245C or 245D of
            such Act, including the evidence required to be submitted with
            such application to demonstrate the applicant's eligibility for
            such adjustment.
        (c) Exemption From National Environmental Policy Act.--Any decision
    by the Secretary concerning any rulemaking action, plan, or program
    described in this section shall not be considered to be a major Federal
    action subject to review under the National Environmental Policy Act of
    1969 (42 U.S.C. 4321 et seq.).

    SEC. 2111. STATUTORY CONSTRUCTION.

        Except as specifically provided, nothing in this subtitle, or any
    amendment made by this subtitle, may be construed to create any
    substantive or procedural right or benefit that is legally enforceable
    by any party against the United States or its agencies or officers or
    any other person.

                    Subtitle B--Agricultural Worker Program

    SEC. 2201. SHORT TITLE.

        This subtitle may be cited as the ``Agricultural Worker Program Act
    of 2013''.

    SEC. 2202. DEFINITIONS.

        In this subtitle:
                (1) Blue card status.--The term ``blue card status'' means
            the status of an alien who has been lawfully admitted into the
            United States for temporary residence under section 2211.
                (2) Agricultural employment.--The term ``agricultural
            employment''--
                        (A) subject to subparagraph (B) has the meaning
                    given such term in section 3 of the Migrant and
                    Seasonal Agricultural Worker Protection Act (29 U.S.C.
                    1802), without regard to whether the specific service
                    or activity is temporary or seasonal; and
                        (B) includes farming in all its branches, the
                    cultivation and tillage of the soil, dairying, the
                    production, cultivation, growing, and harvesting of any
                    agricultural or horticultural commodities, the raising
                    of livestock, bees, fur-bearing animals, or poultry,
                    and any practices (including any forestry or lumbering
                    operations) performed by a farmer or on a farm as an
                    incident to, or in conjunction with, such farming
                    operations, including preparation for market, delivery
                    to storage or to market or to carriers for
                    transportation to market.
                (3) Child.--The term ``child'' has the meaning given the
            term in section 101(b)(1) of the Immigration and Nationality
            Act (8 U.S.C. 1101(b)(1)).
                (4) Employer.--The term ``employer'' means any person or
            entity, including any farm labor contractor and any
            agricultural association, that employs workers in agricultural
            employment.
                (5) Qualified designated entity.--The term ``qualified
            designated entity'' means--
                        (A) a qualified farm labor organization or an
                    association of employers designated by the Secretary;
                    or
                        (B) any other entity that the Secretary designates
                    as having substantial experience, demonstrated
                    competence, and a history of long-term involvement in
                    the preparation and submission of application for
                    adjustment of status under title II of the Immigration
                    and Nationality Act (8 U.S.C. 1151 et seq.).
                (6) Work day.--The term ``work day'' means any day in which
            the individual is employed 5.75 or more hours in agricultural
            employment.

    CHAPTER 1--PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL WORKERS

                         Subchapter A--Blue Card Status

    SEC. 2211. REQUIREMENTS FOR BLUE CARD STATUS.

        (a) Requirements for Blue Card Status.--Notwithstanding any other
    provision of law, the Secretary, after conducting the national security
    and law enforcement clearances required under section 245B(c)(4), may
    grant blue card status to an alien who--
                (1)(A) performed agricultural employment in the United
            States for not fewer than 575 hours or 100 work days during the
            2-year period ending on December 31, 2012; or
                (B) is the spouse or child of an alien described in
            paragraph (1);
                (2) submits a completed application before the end of the
            period set forth in subsection (b)(2); and
                (3) is not ineligible under paragraph (3) or (4) of section
            245B(b) of the Immigration and Nationality Act.
        (b) Application.--
                (1) In general.--An alien who meets the eligibility
            requirements set forth in subsection (a)(1), may apply for blue
            card status and that alien's spouse or child may apply for
            agricultural worker status as a dependent, by submitting a
            completed application form to the Secretary during the
            application period set forth in paragraph (2) in accordance
            with the final rule promulgated by the Secretary pursuant to
            subsection (f).
                (2) Application period.--
                        (A) Initial period.--Except as provided in
                    subparagraph (B), the Secretary may only accept
                    applications for blue card status from aliens in the
                    United States during the 1-year period beginning on the
                    date on which the final rule is published in the
                    Federal Register pursuant to subsection (f).
                        (B) Extension.--If the Secretary determines, during
                    the initial period described in subparagraph (A), that
                    additional time is required to process applications for
                    blue card status or for other good cause, the Secretary
                    may extend the period for accepting applications for an
                    additional 18 months.
                (3) Application form.--
                        (A) Required information.--The application form
                    referred to in paragraph (1) shall collect such
                    information as the Secretary determines necessary and
                    appropriate.
                        (B) Family application.--The Secretary shall
                    establish a process through which an alien may submit a
                    single application under this section on behalf of the
                    alien, his or her spouse, and his or her children, who
                    are residing in the United States.
                        (C) Interview.--The Secretary may interview
                    applicants for blue card status to determine whether
                    they meet the eligibility requirements set forth in
                    subsection (a)(1).
                (4) Aliens apprehended before or during the application
            period.--If an alien, who is apprehended during the period
            beginning on the date of the enactment of this Act and ending
            on the application period described in paragraph (2), appears
            prima facie eligible for blue card status, the Secretary--
                        (A) shall provide the alien with a reasonable
                    opportunity to file an application under this section
                    during such application period; and
                        (B) may not remove the individual until a final
                    administrative determination is made on the
                    application.
                (5) Suspension of removal during application period.--
                        (A) Protection from detention or removal.--An alien
                    granted blue card status may not be detained by the
                    Secretary or removed from the United States unless--
                                (i) such alien is, or has become,
                            ineligible for blue card status under
                            subsection (a)(1)(C); or
                                (ii) the alien's blue card status has been
                            revoked under subsection (2).
                        (B) Aliens in removal proceedings.--Notwithstanding
                    any other provision of the Immigration and Nationality
                    Act (8 U.S.C. 1101 et seq.)--
                                (i) if the Secretary determines that an
                            alien, during the period beginning on the date
                            of the enactment of this section and ending on
                            the last day of the application period
                            described in paragraph (2), is in removal,
                            deportation, or exclusion proceedings before
                            the Executive Office for Immigration Review and
                            is prima facie eligible for blue card status
                            under this section--
                                        (I) the Secretary shall provide the
                                    alien with the opportunity to file an
                                    application for such status; and
                                        (II) upon motion by the Secretary
                                    and with the consent of the alien or
                                    upon motion by the alien, the Executive
                                    Office for Immigration Review shall--
                                                (aa) terminate such
                                            proceedings without prejudice
                                            to future proceedings on any
                                            basis; and
                                                (bb) provide the alien a
                                            reasonable opportunity to apply
                                            for such status; and
                                (ii) if the Executive Office for
                            Immigration Review determines that an alien,
                            during the application period described in
                            paragraph (2), is in removal, deportation, or
                            exclusion proceedings before the Executive
                            Office for Immigration Review and is prima
                            facie eligible for blue card status under this
                            section--
                                        (I) the Executive Office of
                                    Immigration Review shall notify the
                                    Secretary of such determination; and
                                        (II) if the Secretary does not
                                    dispute the determination of prima
                                    facie eligibility within 7 days after
                                    such notification, the Executive Office
                                    for Immigration Review, upon consent of
                                    the alien, shall--
                                                (aa) terminate such
                                            proceedings without prejudice
                                            to future proceedings on any
                                            basis; and
                                                (bb) permit the alien a
                                            reasonable opportunity to apply
                                            for such status.
                        (C) Treatment of certain aliens.--
                                (i) In general.--If an alien who meets the
                            eligibility requirements set forth in
                            subsection (a) is present in the United States
                            and has been ordered excluded, deported, or
                            removed, or ordered to depart voluntarily from
                            the United States under any provision of this
                            Act--
                                        (I) notwithstanding such order or
                                    section 241(a)(5) of the Immigration
                                    and Nationality Act (8 U.S.C.
                                    1231(a)(5)), the alien may apply for
                                    blue card status under this section;
                                    and
                                        (II) if the alien is granted such
                                    status, the alien shall file a motion
                                    to reopen the exclusion, deportation,
                                    removal, or voluntary departure order,
                                    which motion shall be granted unless 1
                                    or more of the grounds of ineligibility
                                    is established by clear and convincing
                                    evidence.
                                (ii) Limitations on motions to reopen.--The
                            limitations on motions to reopen set forth in
                            section 240(c)(7) of the Immigration and
                            Nationality Act (8 U.S.C. 1229a(c)(7)) shall
                            not apply to motions filed under clause
                            (i)(II).
                        (D) Period pending adjudication of application.--
                                (i) In general.--During the period
                            beginning on the date on which an alien applies
                            for blue card status under paragraph (1) and
                            the date on which the Secretary makes a final
                            decision regarding such application, the
                            alien--
                                        (I) may receive advance parole to
                                    reenter the United States if urgent
                                    humanitarian circumstances compel such
                                    travel;
                                        (II) may not be detained by the
                                    Secretary or removed from the United
                                    States unless the Secretary makes a
                                    prima facie determination that such
                                    alien is, or has become, ineligible for
                                    blue card status under subsection
                                    (a)(1)(c);
                                        (III) shall not be considered
                                    unlawfully present for purposes of
                                    section 212(a)(9)(B) of the Immigration
                                    and Nationality Act (8 U.S.C.
                                    1182(a)(9)(B)); and
                                        (IV) shall not be considered an
                                    unauthorized alien (as defined in
                                    section 274A(h)(3) of the Immigration
                                    and Nationality Act (8 U.S.C.
                                    1324a(h)(3))).
                                (ii) Evidence of application filing.--As
                            soon as practicable after receiving each
                            application for blue card status, the Secretary
                            shall provide the applicant with a document
                            acknowledging the receipt of such application.
                                (iii) Continuing employment.--An employer
                            who knows an alien employee is an applicant for
                            blue card status or will apply for such status
                            once the application period commences is not in
                            violation of section 274A(a)(2) of the
                            Immigration and Nationality Act (8 U.S.C.
                            1324a(a)(2)) if the employer continues to
                            employ the alien pending the adjudication of
                            the alien employee's application.
                                (iv) Effect of departure.--Section 101(g)
                            of the Immigration and Nationality Act (8
                            U.S.C. 1101(g)) shall not apply to an alien
                            granted--
                                        (I) advance parole under clause
                                    (i)(I) to reenter the United States; or
                                        (II) blue card status.
                (6) Security and law enforcement clearances.--
                        (A) Biometric and biographic data.--The Secretary
                    may not grant blue card status to an alien or an alien
                    dependent spouse or child under this section unless
                    such alien submits biometric and biographic data in
                    accordance with procedures established by the
                    Secretary.
                        (B) Alternative procedures.--The Secretary shall
                    provide an alternative procedure for applicants who
                    cannot provide the standard biometric data required
                    under subparagraph (A) because of a physical
                    impairment.
                        (C) Clearances.--
                                (i) Data collection.--The Secretary shall
                            collect, from each alien applying for status
                            under this section, biometric, biographic, and
                            other data that the Secretary determines to be
                            appropriate--
                                        (I) to conduct national security
                                    and law enforcement clearances; and
                                        (II) to determine whether there are
                                    any national security or law
                                    enforcement factors that would render
                                    an alien ineligible for such status.
                                (ii) Prerequisite.--The required clearances
                            described in clause (i)(I) shall be completed
                            before the alien may be granted blue card
                            status.
                (7) Duration of status and extension.--
                        (A) In general.--After the date that is 8 years
                    after the date regulations are published under this
                    section, no alien may remain in blue card status.
                        (B) Extension.--An extension of blue card status
                    may not be granted by the Secretary until renewed
                    national security and law enforcement clearances have
                    been completed with respect to the applicant, to the
                    satisfaction of the Secretary.
                (8) Fees and penalties.--
                        (A) Standard processing fee.--
                                (i) In general.--Aliens who are 16 years of
                            age or older and are applying for blue card
                            status under paragraph (2), or for an extension
                            of such status, shall pay a processing fee to
                            the Department of Homeland Security in an
                            amount determined by the Secretary.
                                (ii) Recovery of costs.--The processing fee
                            authorized under clause (i) shall be set at a
                            level that is sufficient to recover the full
                            costs of processing the application, including
                            any costs incurred--
                                        (I) to adjudicate the application;
                                        (II) to take and process
                                    biometrics;
                                        (III) to perform national security
                                    and criminal checks, including
                                    adjudication;
                                        (IV) to prevent and investigate
                                    fraud; and
                                        (V) to administer the collection of
                                    such fee.
                                (iii) Authority to limit fees.--The
                            Secretary, by regulation, may--
                                        (I) limit the maximum processing
                                    fee payable under this subparagraph by
                                    a family, including spouses and
                                    unmarried children younger than 21
                                    years of age; and
                                        (II) exempt defined classes of
                                    individuals from the payment of the fee
                                    authorized under clause (i).
                        (B) Deposit and use of processing fees.--Fees
                    collected pursuant to subparagraph (A)(i)--
                                (i) shall be deposited into the
                            Comprehensive Immigration Reform Trust Fund
                            established under section 6(a)(1);
                                (ii) may be used for the purposes set forth
                            in section 6(a)(3)(B).
                        (C) Penalty.--
                                (i) Payment.--In addition to the processing
                            fee required under subparagraph (A), aliens who
                            are 21 years of age or older and are applying
                            for blue card status under paragraph (2) shall
                            pay a $100 penalty to the Department.
                                (ii) Deposit.--Penalties collected pursuant
                            to clause (i) shall be deposited into the
                            Comprehensive Immigration Reform Trust Fund
                            established under section 6(a)(1).
                (9) Adjudication.--
                        (A) Failure to submit sufficient evidence.--The
                    Secretary shall deny an application submitted by an
                    alien who fails to submit--
                                (i) requested initial evidence, including
                            requested biometric data; or
                                (ii) any requested additional evidence by
                            the date required by the Secretary.
                        (B) Amended application.--An alien whose
                    application for blue card status is denied under
                    subparagraph (A) may file an amended application for
                    such status to the Secretary if the amended
                    application--
                                (i) is filed within the application period
                            described in paragraph (2); and
                                (ii) contains all the required information
                            and fees that were missing from the initial
                            application.
                (10) Evidence of blue card status.--
                        (A) In general.--The Secretary shall issue
                    documentary evidence of blue card status to each alien
                    whose application for such status has been approved.
                        (B) Documentation features.--Documentary evidence
                    provided under subparagraph (A)--
                                (i) shall be machine-readable and tamper-
                            resistant, and shall contain a digitized
                            photograph;
                                (ii) shall, during the alien's authorized
                            period of admission, and any extension of such
                            authorized admission, serve as a valid travel
                            and entry document for the purpose of applying
                            for admission to the United States;
                                (iii) may be accepted during the period of
                            its validity by an employer as evidence of
                            employment authorization and identity under
                            section 274A(b)(1)(B) of the Immigration and
                            Nationality Act (8 U.S.C. 1324a(b)(1)(B)); and
                                (iv) shall include such other features and
                            information as the Secretary may prescribe.
        (c) Terms and Conditions of Blue Card Status.--
                (1) Conditions of blue card status.--
                        (A) Employment.--Notwithstanding any other
                    provision of law, including section 241(a)(7) of the
                    Immigration and Nationality Act (8 U.S.C. 1231(a)(7)),
                    an alien with blue card status shall be authorized to
                    be employed in the United States while in such status.
                        (B) Travel outside the united states.--An alien
                    with blue card status may travel outside of the United
                    States and may be admitted, if otherwise admissible,
                    upon returning to the United States without having to
                    obtain a visa if--
                                (i) the alien is in possession of--
                                        (I) valid, unexpired documentary
                                    evidence of blue card status that
                                    complies with subsection (b)(11); or
                                        (II) a travel document that has
                                    been approved by the Secretary and was
                                    issued to the alien after the alien's
                                    original documentary evidence was lost,
                                    stolen, or destroyed;
                                (ii) the alien's absence from the United
                            States did not exceed 180 days, unless the
                            alien's failure to timely return was due to
                            extenuating circumstances beyond the alien's
                            control; and
                                (iii) the alien establishes that the alien
                            is not inadmissible under subparagraph (A)(i),
                            (A)(iii), (B), or (C) of section 212(a)(3) of
                            the Immigration and Nationality Act (8 U.S.C.
                            1182(a)(3)).
                        (C) Admission.--An alien granted blue card status
                    shall be considered to have been admitted in such
                    status as of the date on which the alien's application
                    was filed.
                        (D) Clarification of status.--An alien granted blue
                    card status--
                                (i) is lawfully admitted to the United
                            States; and
                                (ii) may not be classified as a
                            nonimmigrant or as an alien who has been
                            lawfully admitted for permanent residence.
                (2) Revocation.--
                        (A) In general.--The Secretary may revoke blue card
                    status at any time after providing appropriate notice
                    to the alien, and after the exhaustion or waiver of all
                    applicable administrative review procedures under
                    section 245E(c) of the Immigration and Nationality Act,
                    as added by section 2104(a) of this Act, if the alien--
                                (i) no longer meets the eligibility
                            requirements described in subsection (a)(1)(C);
                                (ii) knowingly used documentation issued
                            under this section for an unlawful or
                            fraudulent purpose; or
                                (iii) was absent from the United States
                            for--
                                        (I) any single period longer than
                                    180 days in violation of the
                                    requirement under paragraph (1)(B)(ii);
                                    or
                                        (II) for more than 180 days in the
                                    aggregate during any calendar year,
                                    unless the alien's failure to timely
                                    return was due to extenuating
                                    circumstances beyond the alien's
                                    control.
                        (B) Additional evidence.--
                                (i) In general.--In determining whether to
                            revoke an alien's status under subparagraph
                            (A), the Secretary may require the alien--
                                        (I) to submit additional evidence;
                                    or
                                        (II) to appear for an interview.
                                (ii) Effect of noncompliance.--The status
                            of an alien who fails to comply with any
                            requirement imposed by the Secretary under
                            clause (i) shall be revoked unless the alien
                            demonstrates to the Secretary's satisfaction
                            that such failure was reasonably excusable.
                        (C) Invalidation of documentation.--If an alien's
                    blue card status is revoked under subparagraph (A), any
                    documentation issued by the Secretary to such alien
                    under subsection (b)(11) shall automatically be
                    rendered invalid for any purpose except for departure
                    from the United States.
                (3) Ineligibility for public benefits.--An alien who has
            been granted blue card status is not eligible for any Federal
            means-tested public benefit (as such term is defined in section
            403 of the Personal Responsibility and Work Opportunity
            Reconciliation Act of 1996 (8 U.S.C. 1613).
                (4) Treatment of blue card status.--A noncitizen granted
            blue card status shall be considered lawfully present in the
            United States for all purposes while such noncitizen remains in
            such status, except that the noncitizen--
                        (A) is not entitled to the premium assistance tax
                    credit authorized under section 36B of the Internal
                    Revenue Code of 1986;
                        (B) shall be subject to the rules applicable to
                    individuals who are not lawfully present set forth in
                    subsection (e) of such section; and
                        (C) shall be subject to the rules applicable to
                    individuals who are not lawfully present set forth in
                    section 1402(e) of the Patient Protection and
                    Affordable Care Act (42 U.S.C. 18071(e)).
                (5) Adjustment to registered provisional immigrant
            status.--The Secretary may adjust the status of an alien who
            has been granted blue card status to the status of a registered
            provisional immigrant under section 245B if the Secretary
            determines that the alien is unable to fulfill the agricultural
            service requirement set forth in section 2212(a)(1).
        (d) Record of Employment.--
                (1) In general.--Each employer of an alien granted blue
            card status shall annually provide--
                        (A) a written record of employment to the alien;
                    and
                        (B) a copy of such record to the Secretary of
                    Agriculture.
                (2) Civil penalties.--
                        (A) In general.--If the Secretary finds, after
                    notice and an opportunity for a hearing, that an
                    employer of an alien granted blue card status has
                    knowingly failed to provide the record of employment
                    required under paragraph (1) or has provided a false
                    statement of material fact in such a record, the
                    employer shall be subject to a civil penalty in an
                    amount not to exceed $500 per violation.
                        (B) Limitation.--The penalty under subparagraph (A)
                    for failure to provide employment records shall not
                    apply unless the alien has provided the employer with
                    evidence of employment authorization provided under
                    subsection (c).
                        (C) Deposit of civil penalties.--Civil penalties
                    collected under this paragraph shall be deposited in
                    the Comprehensive Immigration Reform Trust Fund
                    established under section 6(a)(1).
                (3) Termination of obligation.--The obligation under
            paragraph (1) shall terminate on the date that is 8 years after
            the date of the enactment of this Act.
        (e) Rulemaking.--Not later than 1 year after the date of the
    enactment of this Act, the Secretary, in consultation with the
    Secretary of Agriculture, shall issue final regulations for granting
    blue card status under this section.

    SEC. 2212. ADJUSTMENT TO PERMANENT RESIDENT STATUS.

        (a) In General.--Except as provided in subsection (b), and not
    earlier than 5 years after the date of the enactment of this Act, the
    Secretary shall adjust the status of an alien granted blue card status
    to that of an alien lawfully admitted for permanent residence if the
    Secretary determines that the following requirements are satisfied:
                (1) Qualifying employment.--Except as provided in paragraph
            (3), the alien--
                        (A) during the 8-year period beginning on the date
                    of the enactment of this Act, performed not less than
                    100 work days of agricultural employment during each of
                    5 years; or
                        (B) during the 5-year period beginning on the date
                    of the enactment of this Act, performed not less than
                    150 work days of agricultural employment during each of
                    3 years.
                (2) Evidence.--An alien may demonstrate compliance with the
            requirement under paragraph (1) by submitting--
                        (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 the
                    Secretary for such purpose.
                (3) Extraordinary circumstances.--
                        (A) In general.--In determining whether an alien
                    has met the requirement under paragraph (1), the
                    Secretary may credit the alien with not more than 12
                    additional months of agricultural employment in the
                    United States to meet such requirement if the alien was
                    unable to work in agricultural employment due to--
                                (i) pregnancy, disabling injury, or disease
                            that the alien can establish through medical
                            records;
                                (ii) illness, disease, or other special
                            needs of a child that the alien can establish
                            through medical records;
                                (iii) severe weather conditions that
                            prevented the alien from engaging in
                            agricultural employment for a significant
                            period of time; or
                                (iv) termination from agricultural
                            employment, if the Secretary determines that--
                                        (I) the termination was without
                                    just cause; and
                                        (II) the alien was unable to find
                                    alternative agricultural employment
                                    after a reasonable job search.
                        (B) Effect of determination.--A determination under
                    subparagraph (A)(iv), with respect to an alien, shall
                    not be conclusive, binding, or admissible in a separate
                    or subsequent judicial or administrative action or
                    proceeding between the alien and a current or prior
                    employer of the alien or any other party.
                (4) Application period.--The alien applies for adjustment
            of status before the alien's agricultural card status expires.
                (5) Fine.--The alien pays a fine of $400 to the Secretary,
            which shall be deposited into the Comprehensive Immigration
            Reform Trust Fund established under section 6(a)(1).
        (b) Grounds for Denial of Adjustment of Status.--
                (1) In general.--The Secretary may not adjust the status of
            an alien granted blue card status if the alien--
                        (A) is no longer eligible for blue card status; or
                        (B) failed to perform the qualifying employment
                    requirement under subsection (a)(1), considering any
                    amount credited by the Secretary under subsection
                    (a)(3).
                (2) Maintenance of waivers of inadmissibility.--The grounds
            of inadmissibility set forth in section 212(a) of the
            Immigration and Nationality Act (8 U.S.C. 1182(a)) that were
            previously waived for the alien or made inapplicable shall not
            apply for purposes of the alien's adjustment of status under
            this section.
                (3) Pending revocation proceedings.--If the Secretary has
            notified the applicant that the Secretary intends to revoke the
            applicant's blue card status, the Secretary may not approve an
            application for adjustment of status under this section unless
            the Secretary makes a final determination not to revoke the
            applicant's status.
                (4) Payment of taxes.--
                        (A) In general.--An applicant may not file an
                    application for adjustment of status under this section
                    unless the applicant has satisfied any applicable
                    Federal tax liability.
                        (B) Compliance.--The applicant may demonstrate
                    compliance with subparagraph (A) by submitting such
                    documentation as the Secretary, in consultation with
                    the Secretary of the Treasury, may require by
                    regulation.
        (c) Spouses and Children.--Notwithstanding any other provision of
    law, the Secretary shall grant permanent resident status to the spouse
    or child of an alien whose status was adjusted under subsection (a)
    if--
                (1) the spouse or child applies for such status;
                (2) the principal alien includes the spouse and children in
            an application for adjustment of status to that of a lawful
            permanent resident; and
                (3) the spouse or child is not ineligible under section
            245B(b)(3).
        (d) Numerical Limitations Do Not Apply.--
                (1) In general.--The numerical limitations under sections
            201 and 202 of the Immigration and Nationality Act (8 U.S.C.
            1151 and 1152) shall not apply to the adjustment of aliens to
            lawful permanent resident status under this section.
                (2) Conforming amendment.--Section 201(b)(1) is amended by
            adding at the end the following:
                        ``(F) Aliens granted lawful permanent resident
                    status under section 245B.''.
        (e) Submission of Applications.--
                (1) Interview.--The Secretary may interview applicants for
            adjustment of status under this section to determine whether
            they meet the eligibility requirements set forth in this
            section.
                (2) Fees .--
                        (A) In general.--Applicants for adjustment of
                    status under this section shall pay a processing fee to
                    the Secretary in an amount that will ensure the
                    recovery of the full costs of adjudicating such
                    applications, including--
                                (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.
                        (B) Authority to limit fees.--The Secretary, by
                    regulation--
                                (i) may limit the maximum processing fee
                            payable under this paragraph by a family,
                            including spouses and unmarried children
                            younger than 21 years of age; and
                                (ii) may exempt individuals described in
                            section 245B(c)(10) of the Immigration and
                            Nationality Act, as added by section 2201 of
                            this Act, and other defined classes of
                            individuals from the payment of the fee under
                            subparagraph (A).
                (3) Disposition of fees.--
                        (A) In general.--All fees collected under paragraph
                    (1)(A) shall be deposited as offsetting receipts into
                    the Comprehensive Immigration Reform Trust Fund
                    established under section 6(a)(1).
                        (B) Use of fees for application processing.--
                    Amounts deposited into the Comprehensive Immigration
                    Reform Trust Fund pursuant to subparagraph (A) shall
                    remain available to the Secretary until expended for
                    processing applications for agriculture card status or
                    for adjustment of status under this section or section
                    2211.
                (4) Documentation of work history.--
                        (A) Burden of proof.--An alien applying for blue
                    card status under this section or for adjustment of
                    status under subsection (a) has provided evidence that
                    the alien has worked the requisite number of hours or
                    days required under section 2211(a)(1) or subsection
                    (a)(3), as applicable.
                        (B) Timely production of records.--If an employer
                    or farm labor contractor employing such an alien has
                    kept proper and adequate records respecting such
                    employment, the alien's burden of proof under
                    subparagraph (A) may be met by securing timely
                    production of those records under regulations to be
                    promulgated by the Secretary.
                        (C) Sufficient evidence.--An alien may meet the
                    burden of proof under subparagraph (A) to establish
                    that the alien has performed the days or hours of work
                    referred to in subparagraph (A) by producing sufficient
                    evidence to show the extent of that employment as a
                    matter of just and reasonable inference.
        (f) Limitation on Access to Information.--Files and records
    collected or compiled by a qualified designated entity for the purposes
    of this section are confidential. The Secretary may not have access to
    such a file or record relating to an alien without the consent of the
    alien, except as allowed by a court order issued pursuant to subsection
    (g).
        (g) Confidentiality of Information.--Except as otherwise provided
    in this section, the Secretary or any other official or employee of the
    Department may not--
                (1) use information furnished by the applicant pursuant to
            an application filed under this subtitle, the information
            provided by an applicant to a qualified designated entity, or
            any information provided by an employer or former employer for
            any purpose other than to make a determination on the
            application or for imposing the penalties described in
            subsection (h);
                (2) make any publication in which the information furnished
            by any particular individual can be identified; or
                (3) permit a person other than a sworn officer or employee
            of the Department or, with respect to applications filed with a
            qualified designated entity, that qualified designated entity,
            to examine individual applications.
        (h) Penalties for False Statements in Applications.--
                (1) Criminal penalty.--Any person who--
                        (A) files an application for blue card status under
                    section 2211 or an adjustment of status under this
                    section and knowingly and willfully falsifies,
                    conceals, or covers up a material fact or makes any
                    false, fictitious, or fraudulent statements or
                    representations, or makes or uses any false writing or
                    document knowing the same to contain any false,
                    fictitious, or fraudulent statement or entry; or
                        (B) creates or supplies a false writing or document
                    for use in making such an application,
            shall be fined in accordance with title 18, United States Code,
            imprisoned not more than 5 years, or both.
                (2) Inadmissibility.--An alien who is convicted of a crime
            under paragraph (1) shall be deemed inadmissible to the United
            States on the ground described in section 212(a)(6)(C)(i) of
            the Immigration and Nationality Act (8 U.S.C.
            1182(a)(6)(C)(i)).
                (3) Deposit.--Fines collected under paragraph (1) shall be
            deposited into the Comprehensive Immigration Reform Trust Fund
            established under section 6(a)(1).
        (i) Eligibility for Legal Services.--Section 504(a)(11) of the
    Departments of Commerce, Justice, and State, the Judiciary, and Related
    Agencies Appropriations Act, 1996 (Public Law 104-134; 110 Stat. 1321-
    55) may not be construed to prevent a recipient of funds under the
    Legal Services Corporation Act (42 U.S.C. 2996 et seq.) from providing
    legal assistance directly related to an application for blue card
    status under section 2211 or an adjustment of status under this
    section.

    SEC. 2213. USE OF INFORMATION.

        Beginning not later than the first day of the application period
    described in section 2211(c)(1), the Secretary, in cooperation with
    qualified designated entities, shall broadly disseminate information
    respecting the benefits that aliens may receive under this subchapter
    and the requirements that an alien is required to meet to receive such
    benefits.

    SEC. 2214. REPORTS ON BLUE CARDS.

        Not later than September 30, 2013, and annually thereafter for the
    next 8 years, the Secretary shall submit a report to Congress that
    identifies, for the previous fiscal year--
                (1) the number of aliens who applied for blue card status;
                (2) the number of aliens who were granted blue card status;
                (3) the number of aliens who applied for an adjustment of
            status pursuant to section 2212(a); and
                (4) the number of aliens who received an adjustment of
            status pursuant section 2212(a).

    SEC. 2215. AUTHORIZATION OF APPROPRIATIONS.

        There are authorized to be appropriated to the Secretary such sums
    as may be necessary to implement this subpart, including any sums
    needed for costs associated with the initiation of such implementation,
    for fiscal years 2013 and 2014.

              Subchapter B--Correction of Social Security Records

    SEC. 2221. CORRECTION OF SOCIAL SECURITY RECORDS.

        (a) In General.--Section 208(e)(1) of the Social Security Act (42
    U.S.C. 408(e)(1)) is amended--
                (1) in subparagraph (B)(ii), by striking ``or'' at the end;
                (2) in subparagraph (C), by inserting ``or'' at the end;
                (3) by inserting after subparagraph (C) the following:
                        ``(D) who is granted blue card status under the
                    Agricultural Worker Program Act of 2013,''; and
                (4) by striking ``1990.'' and inserting ``1990, or in the
            case of an alien described in subparagraph (D), if such conduct
            is alleged to have occurred before the date on which the alien
            was granted blue card status under section 2211(a) of the
            Agricultural Worker Program Act of 2013.''.
        (b) Effective Date.--The amendments made by subsection (a) shall
    take effect on the first day of the seventh month that begins after the
    date of the enactment of this Act.

               CHAPTER 2--NONIMMIGRANT AGRICULTURAL VISA PROGRAM

    SEC. 2231. NONIMMIGRANT CLASSIFICATION FOR NONIMMIGRANT AGRICULTURAL
                  WORKERS.

        Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
    1101(a)(15)) is amended--
                (1) in subparagraph (U), by striking ``or'' at the end;
                (2) in subparagraph (V), by striking the period at the end
            and inserting ``; or''; and
                (3) by adding at the end the following:
                        ``(W) an alien having a residence in a foreign
                    country who is coming to the United States for a
                    temporary period--
                                ``(iii)(I) to perform services or labor in
                            agricultural employment and who has a written
                            contract that specifies the wages, benefits,
                            and working conditions of such full-time
                            employment in an agricultural occupation with a
                            designated agricultural employer for a
                            specified period of time;
                                ``(II) who meets the requirements under
                            section 218A for a nonimmigrant visa described
                            in this clause; and
                                ``(III) with respect to whom the Secretary
                            of Agriculture has notified the Secretary of
                            Homeland Security and the Secretary of State
                            that the intending employer has accepted the
                            terms and conditions of such employment for
                            such a nonimmigrant; or
                                ``(iv)(I) to perform services or labor in
                            agricultural employment and who has an offer of
                            full-time employment in an agricultural
                            occupation from a designated agricultural
                            employer for such employment and is not
                            described in clause (i);
                                ``(II) who meets the requirements under
                            section 218A for a nonimmigrant visa described
                            in this clause; and
                                ``(III) with respect to whom the Secretary
                            of Agriculture has notified the Secretary of
                            Homeland Security and the Secretary of State
                            that the intending employer has accepted the
                            terms and conditions of such employment for
                            such a nonimmigrant.''.

    SEC. 2232. ESTABLISHMENT OF NONIMMIGRANT AGRICULTURAL WORKER PROGRAM.

        (a) In General.--Chapter 2 of title II of the Immigration and
    Nationality Act (8 U.S.C. 211 et seq.) is amended by adding at the end
    the following:

    ``SEC. 218A. NONIMMIGRANT AGRICULTURAL WORKER PROGRAM.

        ``(a) Definitions.--In this section and in section 101(a)(15)(W):
                ``(1) Agricultural employment.--The term `agricultural
            employment'--
                        ``(A) subject to subparagraph (B) has the meaning
                    given such term in section 3 of the Migrant and
                    Seasonal Agricultural Worker Protection Act (29 U.S.C.
                    1802), without regard to whether the specific service
                    or activity is temporary or seasonal; and
                        ``(B) includes farming in all its branches, the
                    cultivation and tillage of the soil, dairying, the
                    production, cultivation, growing, and harvesting of any
                    agricultural or horticultural commodities, the raising
                    of livestock, bees, fur-bearing animals, or poultry,
                    and any practices (including any forestry or lumbering
                    operations) performed by a farmer or on a farm as an
                    incident to, or in conjunction with, such farming
                    operations, including preparation for market, delivery
                    to storage or to market or to carriers for
                    transportation to market.
                ``(2) At-will agricultural worker.--The term `at-will
            agricultural worker' means an alien present in the United
            States pursuant to section 101(a)(15)(W)(iv).
                ``(3) Blue card.--The term `blue card' means an employment
            authorization and travel document issued to an alien granted
            blue card status under section 2211(a) of the Agricultural Job
            Opportunities, Benefits, and Security Act of 2013.
                ``(4) Contract agricultural worker.--The term `contract
            agricultural worker' means an alien present in the United
            States pursuant to section 101(a)(15)(W)(iii).
                ``(5) Designated agricultural employer.--The term
            `designated agricultural employer' means an employer who is
            registered with the Secretary of Agriculture pursuant to
            subsection (e)(1).
                ``(6) Electronic job registry.--The term `Electronic Job
            Registry' means the Electronic Job Registry of a State
            workforce agency (or similar successor registry).
                ``(7) Employer.--Except as otherwise provided, the term
            `employer' means any person or entity, including any farm labor
            contractor and any agricultural association, that employs
            workers in agricultural employment.
                ``(8) Nonimmigrant agricultural worker.--The term
            `nonimmigrant agricultural worker' mean a nonimmigrant
            described in clause (iii) or (iv) of section 101(a)(15)(W).
                ``(9) Program.--The term `Program' means the Nonimmigrant
            Agricultural Worker Program established under subsection (b).
                ``(10) Secretary.--Except as otherwise specifically
            provided, the term `Secretary' means the Secretary of
            Agriculture.
                ``(11) United states worker.--The term `United States
            worker' means an individual who--
                        ``(A) is a national of the United States; or
                        ``(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
                            208;
                                ``(iv) holds an blue card; or
                                ``(v) is an immigrant otherwise authorized
                            by this Act or by the Secretary of Homeland
                            Security to be employed in the United States.
        ``(b) Requirements.--
                ``(1) Employer.--An employer may not employ an alien for
            agricultural employment under the Program unless such employer
            is a designated agricultural employer and complies with the
            terms of this section.
                ``(2) Worker.--An alien may not be employed for
            agricultural employment under the Program unless such alien is
            a nonimmigrant agricultural worker and complies with the terms
            of this section.
        ``(c) Numerical Limitation.--
                ``(1) First 5 years of program.--
                        ``(A) In general.--Subject to paragraph (2), the
                    worldwide level of visas for nonimmigrant agricultural
                    workers for the fiscal year during which the first visa
                    is issued to a nonimmigrant agricultural worker and for
                    each of the following 4 fiscal years shall be equal
                    to--
                                ``(i) 112,333; and
                                ``(ii) the numerical adjustment made by the
                            Secretary for such fiscal year in accordance
                            with paragraph (2).
                        ``(B) Quarterly allocation.--The annual allocation
                    of visas described in subparagraph (A) shall be evenly
                    allocated between the 4 quarters of the fiscal year
                    unless the Secretary determines that an alternative
                    allocation would better accommodate the seasonal demand
                    for visas. Any unused visas in a quarter shall be added
                    to the allocation for the subsequent quarter of the
                    same fiscal year.
                        ``(C) Effect of 2nd or subsequent designated
                    agricultural employer.--A nonimmigrant agricultural
                    worker who has a valid visa issued under this section
                    that counted against the allocation described in
                    subparagraph (A) shall not be recounted against the
                    allocation if the worker is petitioned for by a
                    subsequent designated agricultural employer.
                ``(2) Annual adjustments for first 5 years of program.--
                        ``(A) In general.--The Secretary, after reviewing
                    relevant evidence submitted by agricultural producers
                    and organizations representing agricultural workers,
                    may increase or decrease, as appropriate, the worldwide
                    level of visas under paragraph (1) for each of the 5
                    fiscal years referred to in paragraph (1) based on the
                    following factors:
                                ``(i) A demonstrated shortage of
                            agricultural workers.
                                ``(ii) The level of unemployment and
                            underemployment of agricultural workers during
                            the preceding fiscal year.
                                ``(iii) The number of applications for blue
                            card status.
                                ``(iv) The number of blue card visa
                            applications approved.
                                ``(v) The number of nonimmigrant
                            agricultural workers sought by employers during
                            the preceding fiscal year.
                                ``(vi) The estimated number of United
                            States workers, including blue card workers,
                            who worked in agriculture during the preceding
                            fiscal year.
                                ``(vii) The number of nonimmigrant
                            agricultural workers issued a visa in the most
                            recent fiscal year who remain in the United
                            States in compliance with the terms of such
                            visa.
                                ``(viii) The number of United States
                            workers who accepted jobs offered by employers
                            using the Electronic Job Registry during the
                            preceding fiscal year.
                                ``(ix) Any growth or contraction of the
                            United States agricultural industry that has
                            increased or decreased the demand for
                            agricultural workers.
                                ``(x) Any changes in the real wages paid to
                            agricultural workers in the United States as an
                            indication of a shortage or surplus of
                            agricultural labor.
                        ``(B) Notification; implementation.--The Secretary
                    shall notify the Secretary of Homeland Security of any
                    change to the worldwide level of visas for nonimmigrant
                    agricultural workers. The Secretary of Homeland
                    Security shall implement such changes.
                        ``(C) Emergency procedures.--The Secretary shall
                    establish, by regulation, procedures for immediately
                    adjusting an annual allocation under paragraph (1) for
                    severe labor shortages, as determined by the Secretary.
                ``(3) Sixth and subsequent years of program.--The
            Secretary, in consultation with the Secretary of Labor, shall
            establish the worldwide level of visas for nonimmigrant
            agricultural workers for each fiscal year following the fiscal
            years referred to in paragraph (1) after considering
            appropriate factors, including--
                        ``(A) a demonstrated shortage of agricultural
                    workers;
                        ``(B) the level of unemployment and underemployment
                    of agricultural workers during the preceding fiscal
                    year;
                        ``(C) the number of applications for blue card
                    status;
                        ``(D) the number of blue card visa applications
                    approved;
                        ``(E) the number of nonimmigrant agricultural
                    workers sought by employers during the preceding fiscal
                    year;
                        ``(F) the estimated number of United States
                    workers, including blue card workers, who worked in
                    agriculture during the preceding fiscal year;
                        ``(G) the number of nonimmigrant agricultural
                    workers issued a visa in the most recent fiscal year
                    who remain in the United States in compliance with the
                    terms of such visa;
                        ``(H) the number of United States workers who
                    accepted jobs offered by employers using the Electronic
                    Job Registry during the preceding fiscal year;
                        ``(I) any growth or contraction of the United
                    States agricultural industry that has increased or
                    decreased the demand for agricultural workers; and
                        ``(J) any changes in the real wages paid to
                    agricultural workers in the United States as an
                    indication of a shortage or surplus of agricultural
                    labor.
        ``(d) Requirements for Nonimmigrant Agricultural Workers.--
                ``(1) Eligibility for nonimmigrant agricultural worker
            status.--
                        ``(A) In general.--An alien is not eligible to be
                    admitted to the United States as a nonimmigrant
                    agricultural worker if the alien--
                                ``(i) violated a material term or condition
                            of a previous admission as a nonimmigrant
                            agricultural worker during the most recent 3-
                            year period (other than a contract agricultural
                            worker who voluntarily abandons his or her
                            employment before the end of the contract
                            period or whose employment is terminated by the
                            employer for cause);
                                ``(ii) has not obtained successful
                            clearance of any security and criminal
                            background checks required by the Secretary of
                            Homeland Security or any other examination
                            required under this Act; or
                                ``(iii)(I) departed from the United States
                            while subject to an order of exclusion,
                            deportation, or removal, or pursuant to an
                            order of voluntary departure; and
                                ``(II)(aa) is outside of the United States;
                            or
                                ``(bb) has reentered the United States
                            illegally after December 31, 2012 without
                            receiving consent to the alien's reapplication
                            for admission under section 212(a)(9).
                        ``(B) Waiver.--The Secretary may waive the
                    application of subparagraph (A)(iii) on behalf of an
                    alien if the alien--
                                ``(i) is the spouse or child of a United
                            States citizen or lawful permanent resident;
                                ``(ii) is the parent of a child who is a
                            United States citizen or lawful permanent
                            resident;
                                ``(iii) meets the requirements set forth in
                            clause (ii) or (iii) of section 245D(b)(1)(A);
                            or
                                ``(iv)(I) meets the requirements set forth
                            in section 245D(b)(1)(A)(ii);
                                ``(II) is 16 years or older on the date on
                            which the alien applies for nonimmigrant
                            agricultural status; and
                                ``(III) was physically present in the
                            United States for an aggregate period of not
                            less than 3 years during the 6-year period
                            immediately preceding the date of the enactment
                            of this section.
                ``(2) Term of stay for nonimmigrant agricultural workers.--
                        ``(A) In general.--
                                ``(i) Initial admission.--A nonimmigrant
                            agricultural worker may be admitted into the
                            United States in such status for an initial
                            period of 3 years.
                                ``(ii) Renewal.--A nonimmigrant
                            agricultural worker may renew such worker's
                            period of admission in the United States for 1
                            additional 3-year period.
                        ``(B) Break in presence.--A nonimmigrant
                    agricultural worker who has been admitted to the United
                    States for 2 consecutive periods under subparagraph (A)
                    is ineligible to renew the alien's nonimmigrant
                    agricultural worker status until such alien--
                                ``(i) returns to a residence outside the
                            United States for a period of not less than 3
                            months; and
                                ``(ii) seeks to reenter the United States
                            under the terms of the Program as a
                            nonimmigrant agricultural worker.
                ``(3) Loss of status.--
                        ``(A) In general.--An alien admitted as a
                    nonimmigrant agricultural worker shall be ineligible
                    for such status and shall be required to depart the
                    United States if such alien--
                                ``(i) after the completion of his or her
                            contract with a designated agricultural
                            employer, is not employed in agricultural
                            employment by a designated agricultural
                            employer; or
                                ``(ii) is an at-will agricultural worker
                            and is not continuously employed by a
                            designated agricultural employer in
                            agricultural employment as an at-will
                            agricultural worker.
                        ``(B) Exception.--Subject to subparagraph (C), a
                    nonimmigrant agricultural worker has not violated
                    subparagraph (A) if the contract agricultural worker is
                    not employed in agricultural employment for a period
                    not to exceed 60 days.
                        ``(C) Waiver.--Notwithstanding subparagraph (B),
                    the Secretary of Homeland Security may waive the
                    application of clause (i) or (ii) of subparagraph (A)
                    for a nonimmigrant agricultural worker who was not
                    employed in agricultural employment for a period of
                    more than 60 days if such period of unemployment was
                    due to--
                                ``(i) the injury of such worker; or
                                ``(ii) a natural disaster declared by the
                            Secretary.
                        ``(D) Tolling of employment requirement.--A
                    nonimmigrant agricultural worker may leave the United
                    States for up to 60 days in any fiscal year while in
                    such status. During the period in which the worker is
                    outside of the United States, the 60-day limit
                    specified in subparagraph (B) shall be tolled.
                ``(4) Portability of status.--
                        ``(A) Contract agricultural workers.--
                                ``(i) In general.--Except as provided in
                            clause (ii), an alien who entered the United
                            States as a contract agricultural worker may--
                                        ``(I) seek employment as a
                                    nonimmigrant agricultural worker with a
                                    designated agricultural employer other
                                    than the designated agricultural
                                    employer with whom the employee had a
                                    contract described in section
                                    101(a)(15)(W)(ii)(I); and
                                        ``(II) accept employment with such
                                    new employer after the date the
                                    contract agricultural worker completes
                                    such contract.
                                ``(ii) Voluntary abandonment; termination
                            for cause.--A contract agricultural worker who
                            voluntarily abandons his or her employment
                            before the end of the contract period or whose
                            employment is terminated for cause by the
                            employer--
                                        ``(I) may not accept subsequent
                                    employment with another designated
                                    agricultural employer without first
                                    departing the United States and
                                    reentering pursuant to a new offer of
                                    employment; and
                                        ``(II) is not entitled to the 75
                                    percent payment guarantee described in
                                    subsection (e)(4)(B).
                                ``(iii) Termination by mutual agreement.--
                            The termination of an employment contract by
                            mutual agreement of the designated agricultural
                            employer and the contract agricultural worker
                            shall not be considered voluntary abandonment
                            for purposes of clause (ii).
                        ``(B) At-will agricultural workers.--An alien who
                    entered the United States as an at-will agricultural
                    worker may seek employment as an at-will agricultural
                    worker with any other designated agricultural employer
                    referred to in section 101(a)(15)(W)(iii)(I).
                ``(5) Prohibition on geographic limitation.--A nonimmigrant
            visa issued to a nonimmigrant agricultural worker--
                        ``(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 of spouses and children.--A spouse or child
            of a nonimmigrant agricultural worker--
                        ``(A) shall not be entitled to visa or other
                    immigration status by virtue of the relationship of
                    such spouse or child to such worker; and
                        ``(B) may be provided status as a nonimmigrant
                    agricultural worker if the spouse or child is
                    independently qualified for such status.
        ``(e) Employer Requirements.--
                ``(1) Designated agricultural employer status.--
                        ``(A) Registration requirement.--Each employer
                    seeking to employ nonimmigrant agricultural workers
                    shall register for designated agricultural employer
                    status by submitting to the Secretary, through the Farm
                    Service Agency in the geographic area of the employer
                    or electronically to the Secretary, a registration that
                    includes--
                                ``(i) the employer's employer
                            identification number; and
                                ``(ii) a registration fee, in an amount
                            determined by the Secretary.
                        ``(B) Criteria.--The Secretary shall grant
                    designated agricultural employer status to an employer
                    who submits an registration for such status that
                    includes--
                                ``(i) documentation that the employer is
                            engaged in agriculture;
                                ``(ii) the estimated number of nonimmigrant
                            agricultural workers the employer will need
                            each year;
                                ``(iii) the anticipated periods during
                            which the employer will need such workers; and
                                ``(iv) documentation establishing need for
                            a specified agricultural occupation or
                            occupations.
                        ``(C) Designation.--
                                ``(i) Registration number.--The Secretary
                            shall assign each employer that meets the
                            criteria established pursuant to subparagraph
                            (B) with a designated agricultural employer
                            registration number.
                                ``(ii) Term of designation.--Each employer
                            granted designated agricultural employer status
                            under this paragraph shall retain such status
                            for a term of 3 years.
                        ``(D) Assistance.--In carrying out the functions
                    described in this subsection, the Secretary may work
                    through the Farm Service Agency, or any other agency in
                    the Department of Agriculture--
                                ``(i) to assist agricultural employers with
                            the registration process under this paragraph
                            by providing such employers with--
                                        ``(I) technical assistance and
                                    expertise;
                                        ``(II) internet access for
                                    submitting such applications; and
                                        ``(III) a nonelectronic means for
                                    submitting such registrations; and
                                ``(ii) to provide resources about the
                            Program, including best practices and
                            compliance related assistance and resources or
                            training to assist in retention of such workers
                            to agricultural employers.
                        ``(E) Deposit of registration fee.--All
                    registration fees collected under subparagraph (A)(ii)
                    shall be deposited in the Comprehensive Immigration
                    Reform Trust Fund established under section 6(a)(1) of
                    the Border Security, Economic Opportunity, and
                    Immigration Modernization Act.
                ``(2) Nonimmigrant agricultural worker petition process.--
                        ``(A) In general.--Not later than 45 days before
                    the date on which nonimmigrant agricultural workers are
                    needed, a designated agricultural employer seeking to
                    employ such workers shall submit a petition to the
                    Secretary of Homeland Security that includes the
                    employer's designated agricultural employer
                    registration number.
                        ``(B) Attestation.--An application submitted under
                    subparagraph (A) shall include an attestation of the
                    following
                                ``(i) the number of named or unnamed
                            nonimmigrant agricultural workers the
                            designated agricultural employer is seeking to
                            employ during the applicable period of
                            employment;
                                ``(ii) the total number of contract
                            agricultural workers and of at-will
                            agricultural workers the employer will require
                            for each occupational category;
                                ``(iii) the anticipated period, including
                            expected beginning and ending dates, during
                            which such employees will be needed;
                                ``(iv) evidence of contracts or written
                            disclosures of employment terms and conditions
                            in accordance with the Migrant and Seasonal
                            Agricultural Worker Protection Act (29 U.S.C.
                            1801 et seq.), which have been provided to the
                            nonimmigrant agricultural workers, or a sample
                            of such contract or disclosure for unnamed
                            workers;
                                ``(v) the information submitted to the
                            State workforce agency pursuant to paragraph
                            (3)(A)(i);
                                ``(vi) the record of United States workers
                            described in paragraph (3)(A)(iv) on the date
                            of the request;
                                ``(vii) evidence of offers of employment
                            made to United States workers as required under
                            paragraph (3)(B); and
                                ``(viii) that the employer has complied
                            with the conditions pursuant to (4)(A) and
                            (4)(B).
                        ``(C) Employment authorization when changing
                    employers.--Nonimmigrant agricultural workers in the
                    United States who are identified in a petition
                    submitted pursuant to subparagraph (A) and are in
                    lawful status may commence employment with their
                    designated agricultural employer after such employer
                    has submitted such petition to the Secretary of
                    Homeland Security.
                ``(3) Employment of united states workers.--
                        ``(A) Recruitment.--
                                ``(i) Filing a job offer with the local
                            office of the state workforce agency.--Not
                            later than 60 days before the date on which the
                            employer desires to employ a nonimmigrant
                            agricultural worker, the employer shall submit
                            the job posting for such worker to the local
                            office of the State workforce agency where the
                            job site is located and authorize the posting
                            of the job opportunity on `America's Job Bank'
                            or other Electronic Job Registry for a period
                            of 45 days. Nothing in this clause may be
                            construed to require the employer to file an
                            interstate job order under section 653.500 of
                            title 20, Code of Federal Regulations.
                                ``(ii) Construction.--Nothing in clause (i)
                            may be construed to cause a listing referred to
                            in clause (i) to be treated as an interstate
                            job order under section 653.500 of title 20,
                            Code of Federal Regulations (or similar
                            successor regulation).
                                ``(iii) Record of united states workers.--
                            An employer shall keep a record of all
                            eligible, able, willing, and qualified United
                            States workers who apply for agricultural
                            employment with the employer for the
                            agricultural employment for which the
                            nonimmigrant agricultural nonimmigrant workers
                            are sought.
                        ``(B) Requirement to hire.--
                                ``(i) United states workers.--An employer
                            may not seek a nonimmigrant agricultural worker
                            for agricultural employment unless the employer
                            offers such employment to any equally or better
                            qualified United States worker who will be
                            available at the time and place of need and who
                            applies for such employment during the
                            recruitment period.
                                ``(ii) Blue card status.--Except as
                            provided in clause (iii), the employer shall,
                            for each job to be filled by a nonimmigrant
                            agricultural worker, offer the job to any
                            eligible alien with blue card status who--
                                        ``(I) applies for such job;
                                        ``(II) is equally or better
                                    qualified for the job; and
                                        ``(III) will be available at the
                                    time and place of need.
                                ``(iii) Exception.--Notwithstanding clauses
                            (i) and (ii), the employer may hire a
                            nonimmigrant described in section
                            101(a)(15)(H)(ii)(a) for agricultural
                            employment if--
                                        ``(I) such worker worked for the
                                    employer for 3 years during the 4-year
                                    period ending on the date on which the
                                    program authorized under section 218
                                    (as in effect on the date of the
                                    enactment of the Agricultural Worker
                                    Program Act of 2013) is terminated; and
                                        ``(II) the employer pays such
                                    worker the adverse effect wage rate
                                    calculated under subsection (f)(5).
                ``(4) Additional program requirements for designated
            agricultural employers.--Each designated agricultural employer
            shall comply with the following requirements:
                        ``(A) No displacement of united states workers.--
                                ``(i) In general.--The employer shall not
                            displace a United States worker employed by the
                            employer, other than for good cause, during the
                            period of employment of the nonimmigrant
                            agricultural worker and for a period of 30 days
                            preceding such period in the occupation and at
                            the location of employment for which the
                            employer seeks to employ nonimmigrant
                            agricultural workers.
                                ``(ii) Labor dispute.--The employer shall
                            not employ a nonimmigrant agricultural worker
                            for a specific job for which the employer is
                            requesting a nonimmigrant agricultural worker
                            because the former occupant of the job is on
                            strike or being locked out in the course of a
                            labor dispute.
                        ``(B) Guarantee of employment for contract
                    agricultural workers.--
                                ``(i) Offer to contract worker.--The
                            employer shall guarantee to offer contract
                            agricultural workers employment for the hourly
                            equivalent of at least 75 percent of the work
                            days of the total period of employment,
                            beginning with the first work day after the
                            arrival of the worker at the place of
                            employment and ending on the expiration date
                            specified in the job offer. In this clause, the
                            term `hourly equivalent' means the number of
                            hours in the work days as stated in the job
                            offer and shall exclude the worker's Sabbath
                            and Federal holidays. If the employer affords
                            the contract agricultural worker less
                            employment than the number of hours required
                            under this subparagraph, the employer shall pay
                            such worker the amount the worker would have
                            earned had the worker worked the guaranteed
                            number of hours.
                                ``(ii) Failure to work.--Any hours which
                            the worker fails to work, up to a maximum of
                            the number of hours specified in the job offer
                            for a work day, when the worker has been
                            offered an opportunity to do so, and all hours
                            of work actually performed (including voluntary
                            work in excess of the number of hours specified
                            in the job offer in a work day, on the worker's
                            Sabbath, or on Federal holidays) may be counted
                            by the employer in calculating whether the
                            period of guaranteed employment has been met.
                                ``(iii) Contract impossibility.--If, before
                            the expiration of the period of employment
                            specified in the job offer, the services of a
                            contract agricultural worker are no longer
                            required for reasons beyond the control of the
                            employer due to any form of natural disaster,
                            including a flood, hurricane, freeze,
                            earthquake, fire, drought, plant or animal
                            disease or pest infestation, or regulatory
                            drought, before the guarantee in subparagraph
                            (A) is fulfilled, the employer--
                                        ``(I) may terminate the worker's
                                    employment;
                                        ``(II) shall fulfill the employment
                                    guarantee described in subparagraph (B)
                                    for the work days that have elapsed
                                    from the first work day after the
                                    arrival of the worker to the
                                    termination of employment;
                                        ``(III) shall make efforts to
                                    transfer the worker to other comparable
                                    employment acceptable to the worker;
                                    and
                                        ``(IV) if such a transfer does not
                                    take place, shall provide the return
                                    transportation required under
                                    subparagraph (J).
                        ``(C) Workers' compensation.--
                                ``(i) Requirement to provide.--If a job
                            referred to in paragraph (3) is not covered by
                            the State workers' compensation law, the
                            employer shall provide, at no cost to the
                            nonimmigrant agricultural worker, insurance
                            covering injury and disease arising out of, and
                            in the course of, such job.
                                ``(ii) Benefits.--The insurance required to
                            be provided under clause (i) shall provide
                            benefits at least equal to those provided under
                            and pursuant to State's workers' compensation
                            law for comparable employment.
                        ``(D) Prohibition for use for nonagricultural
                    services.--The employer may not employ a nonimmigrant
                    agricultural worker for employment other than
                    agricultural employment.
                        ``(E) Wages.--The employer shall pay the wage
                    required under subsection (f).
                        ``(F) Deduction of wages.--The employer shall make
                    only deductions from a nonimmigrant agricultural
                    worker's wages that are authorized by law or are
                    reasonable and customary in the occupation and area of
                    employment of such worker.
                        ``(G) Requirement to provide housing or a housing
                    allowance.--
                                ``(i) In general.--Except as provided in
                            clauses (iv) and (v), a designated agricultural
                            employer shall offer to provide a nonimmigrant
                            agricultural worker with housing in accordance
                            with clause (ii) or (iii).
                                ``(ii) Housing.--An employer may provide
                            housing to a nonimmigrant agricultural worker
                            that meets--
                                        ``(I) applicable Federal standards
                                    for temporary labor camps; or
                                        ``(II) applicable local standards
                                    (or, in the absence of applicable local
                                    standards, State standards) for rental
                                    or public accommodation housing or
                                    other substantially similar class of
                                    habitation.
                                ``(iii) Housing payments.--
                                        ``(I) Public housing.--If the
                                    employer arranges public housing for
                                    nonimmigrant agricultural workers
                                    through a State, county, or local
                                    government program and such public
                                    housing units normally require payments
                                    from tenants, such payments shall be
                                    made by the employer directly to the
                                    landlord.
                                        ``(II) Deposits.--Deposits for
                                    bedding or other similar incidentals
                                    related to housing shall not be
                                    collected from workers by employers who
                                    provide housing for such workers.
                                        ``(III) Damages.--The employer may
                                    require any worker who is responsible
                                    for damage to housing that did not
                                    result from normal wear and tear
                                    related to habitation to reimburse the
                                    employer for the reasonable cost of
                                    repairing such damage.
                                ``(iv) Housing allowance alternative.--
                                        ``(I) In general.--The employer may
                                    provide a reasonable housing allowance
                                    instead of providing housing under
                                    clause (i). Upon the request of a
                                    worker seeking assistance in locating
                                    housing, the employer shall make a good
                                    faith effort to assist the worker in
                                    identifying and locating housing in the
                                    area of intended employment. An
                                    employer who offers a housing allowance
                                    to a worker or assists a worker in
                                    locating housing, which the worker
                                    occupies shall not be deemed a housing
                                    provided under section 203 of the
                                    Migrant and Seasonal Agricultural
                                    Worker Protection Act (29 U.S.C. 1823)
                                    solely by virtue of providing such
                                    housing allowance. No housing allowance
                                    may be used for housing that is owned
                                    or controlled by the employer.
                                        ``(II) Certification requirement.--
                                    Contract agricultural workers may only
                                    be provided a housing allowance if the
                                    Governor of the State in which the
                                    place of employment is located
                                    certifies to the Secretary that there
                                    is adequate housing available in the
                                    area of intended employment for migrant
                                    farm workers and contract agricultural
                                    workers who are seeking temporary
                                    housing while employed in agricultural
                                    work. Such certification shall expire
                                    after 3 years unless renewed by the
                                    Governor of the State.
                                        ``(III) Amount of allowance.--
                                                ``(aa) Nonmetropolitan
                                            counties.--If the place of
                                            employment of the workers
                                            provided an allowance under
                                            this clause is a
                                            nonmetropolitan county, the
                                            amount of the housing allowance
                                            under this clause shall be
                                            equal to the average fair
                                            market rental for existing
                                            housing in nonmetropolitan
                                            counties in the State in which
                                            the place of employment is
                                            located, as established by the
                                            Secretary of Housing and Urban
                                            Development pursuant to section
                                            8(c) of the United States
                                            Housing Act of 1937 (42 U.S.C.
                                            1437f(c)), based on a 2-bedroom
                                            dwelling unit and an assumption
                                            of 2 persons per bedroom.
                                                ``(bb) Metropolitan
                                            counties.--If the place of
                                            employment of the workers
                                            provided an allowance under
                                            this clause is a metropolitan
                                            county, the amount of the
                                            housing allowance under this
                                            clause shall be equal to the
                                            average fair market rental for
                                            existing housing in
                                            metropolitan counties in the
                                            State in which the place of
                                            employment is located, as
                                            established by the Secretary of
                                            Housing and Urban Development
                                            pursuant to section 8(c) of the
                                            United States Housing Act of
                                            1937 (42 U.S.C. 1437f(c)),
                                            based on a 2-bedroom dwelling
                                            unit and an assumption of 2
                                            persons per bedroom.
                                ``(v) Exception for commuting workers.--
                            Nothing in this subparagraph may be construed
                            to require an employer to provide housing or a
                            housing allowance to workers who reside outside
                            of the United States if their place of
                            residence is within normal commuting distance
                            and the job site is within 50 miles of an
                            international land border of the United States.
                        ``(H) Worksite transportation for contract
                    workers.--During the period a designated agricultural
                    employer employs a contract worker, such employer
                    shall, at the employer's option, provide or reimburse
                    the contract worker for the cost of transportation from
                    the contract worker's residence in the United States to
                    the contract worker's place of employment.
                        ``(I) Reimbursement of transportation to place of
                    employment.--
                                ``(i) In general.--Except as provided in
                            subclause (II) a contract agricultural worker
                            who completes at least 27 months under his or
                            her contract with the same designated
                            agricultural employer shall be reimbursed by
                            that employer for the cost of the worker's
                            transportation and subsistence from the place
                            of employment to the place from which the
                            worker came from abroad to work for the
                            employer.
                                ``(ii) Limitation.--Except as provided in
                            clause (iii), the amount of reimbursement
                            provided under clause (i) to a worker shall not
                            exceed the lesser of--
                                        ``(I) the actual cost to the worker
                                    of the transportation and subsistence
                                    involved; or
                                        ``(II) the most economical and
                                    reasonable common carrier
                                    transportation charges and subsistence
                                    costs for the distance involved.
                                ``(iii) Distance traveled.--The employer
                            shall not be required to reimburse a worker
                            under clause (i) if--
                                        ``(I) the distance traveled is 100
                                    miles or less; or
                                        ``(II) the worker is not residing
                                    in employer-provided housing or housing
                                    secured through an allowance described
                                    in subclause (I)(iv).
                        ``(J) Reimbursement of transportation from place of
                    employment.--
                                ``(i) In general.--
                                        ``(I) In general.--Except as
                                    provided in subclause (II), a contract
                                    agricultural worker who completes at
                                    least 75 percent of a contract for a
                                    designated agricultural employer shall
                                    be reimbursed by the employer for the
                                    cost of the worker's transportation and
                                    subsistence from the place of
                                    employment to the place from which the
                                    worker came to work for the employer.
                                        ``(II) Exception.--If a contract
                                    agricultural worker was employed by
                                    another designated agricultural worker
                                    after terminating employment with the
                                    designated agricultural employer
                                    described in subclause (I) and before
                                    returning to the place outside the
                                    United States from which the worker
                                    came, the subsequent designated
                                    agricultural employer shall reimburse
                                    the worker for the costs described in
                                    subclause (I).
                                        ``(III) Single trip.--A contract
                                    agricultural worker is only entitled to
                                    be reimbursed by a designated
                                    agricultural employer under this
                                    subparagraph for travel to the place
                                    from which the worker came at the time
                                    the worker is leaving the Program.
                                ``(ii) Limitation.--Except as provided in
                            clause (iii), the amount of reimbursement
                            provided under clause (i) to a worker shall not
                            exceed the lesser of--
                                        ``(I) the actual cost to the worker
                                    of the transportation and subsistence
                                    involved; or
                                        ``(II) the most economical and
                                    reasonable common carrier
                                    transportation charges and subsistence
                                    costs for the distance involved.
                                ``(iii) Distance traveled.--The employer
                            shall not be required to reimburse a worker
                            under clause (i) if--
                                        ``(I) the distance traveled is 100
                                    miles or less; or
                                        ``(II) the worker is not residing
                                    in employer-provided housing or housing
                                    secured through an allowance described
                                    in subclause (I)(iv).
                                ``(iv) Early termination.--If a contract
                            agricultural worker is laid off or the worker's
                            employment is terminated for contract
                            impossibility (as described in subparagraph
                            (C)(iii)) before completing 75 percent of such
                            contract, the employer shall reimburse the
                            worker for the costs described in clause
                            (i)(I).
                ``(5) Violation of program requirements.--If the Secretary
            determines, after an opportunity for a hearing, that a
            designated agricultural employer has violated a term under this
            section the Secretary may--
                        ``(A) impose penalties, including fines; and
                        ``(B) for serious violations, disqualify the
                    employer from future enrollment in the Program for a
                    period of not more than 3 years.
        ``(f) Wages.--
                ``(1) Wage rate requirement.--
                        ``(A) In general.--A nonimmigrant agricultural
                    worker employed by a designated agricultural employer
                    shall be paid the wage rate for such employment set
                    forth in paragraph (3).
                        ``(B) Workers paid on a piece rate or other
                    incentive basis.--If an employer pays by the piece rate
                    or other incentive method and requires one or more
                    minimum productivity standards as a condition of job
                    retention, such standards shall be specified in the job
                    offer and be no more than those which have been
                    normally required (at the time of the employee's
                    initial entry into the country as a nonimmigrant
                    agricultural worker) by other employers for the
                    activity in the geographic area of the job, unless the
                    Secretary approves a higher standard.
                ``(2) Job categories.--For purposes of paragraph (1), each
            nonimmigrant agricultural worker employed by such employer
            shall be assigned to 1 of the following standard occupational
            classifications, as defined by the Bureau of Labor Statistics:
                        ``(A) First-Line Supervisors of Farming, Fishing,
                    and Forestry Workers (45-1011).
                        ``(B) Animal Breeders (45-2021).
                        ``(C) Graders and Sorters, Agricultural Products
                    (45-2041).
                        ``(D) Agricultural equipment operator (45-2091).
                        ``(E) Farmworkers and Laborers, Crop, Nursery, and
                    Greenhouse (45-2092).
                        ``(F) Farmworkers, Farm, Ranch and Aquacultural
                    Animals (45-2093).
                ``(3) Determination of wage rate.--
                        ``(A) Fiscal years 2014 through 2016.--The wage
                    rate under this subparagraph for fiscal years 2014
                    through 2016 shall be the higher of--
                                ``(i) the applicable Federal, State or
                            local minimum wage; or
                                ``(ii)(I) for the category described in
                            paragraph (2)(C)--
                                        ``(aa) $9.37 for fiscal year 2014;
                                        ``(bb) $9.60 for fiscal year 2015;
                                    and
                                        ``(cc) $9.84 for fiscal year 2016;
                                ``(II) for the category described in
                            paragraph (2)(D)--
                                        ``(aa) $11.30 for fiscal year 2014;
                                        ``(bb) $11.58 for fiscal year 2015;
                                    and
                                        ``(cc) $11.87 for fiscal year 2016;
                                ``(III) for the category described in
                            paragraph (2)(E)--
                                        ``(aa) $9.17 for fiscal year 2014;
                                        ``(bb) $9.40 for fiscal year 2015;
                                    and
                                        ``(cc) $9.64 for fiscal year 2016;
                                    and
                                ``(IV) for the category described in
                            paragraph (2)(F)--
                                        ``(aa) $10.82 for fiscal year 2014;
                                        ``(bb) $11.09 for fiscal year 2015;
                                    and
                                        ``(cc) $11.37 for fiscal year 2016;
                        ``(B) Subsequent years.--The Secretary shall
                    increase the hourly wage rates set forth in clauses (i)
                    through (iv) of subparagraph (A), for each fiscal year
                    after the fiscal years described in subparagraph (A) by
                    an amount equal to--
                                ``(i) 1.5 percent, if the percentage
                            increase in the Employment Cost Index for wages
                            and salaries during the previous fiscal year,
                            as calculated by the Bureau of Labor
                            Statistics, is less than 1.5 percent;
                                ``(ii) the percentage increase in such
                            Employment Cost Index, if such percentage
                            increase is between 1.5 percent and 2.5
                            percent, inclusive; or
                                ``(iii) 2.5 percent, if such percentage
                            increase is greater than 2.5 percent.
                        ``(C) Agricultural supervisors and animal
                    breeders.--Not later than September 1, 2015, and
                    annually thereafter, the Secretary, in consultation
                    with the Secretary of Labor, shall establish the
                    prevailing wage for the next fiscal year for each of
                    the job categories set out in subparagraphs (A) and (B)
                    of paragraph (2).
                        ``(D) Survey by bureau of labor statistics.--Not
                    later than April 15, 2015, the Bureau of Labor
                    Statistics shall consult with the Secretary to expand
                    the Occupational and Employment Survey to survey
                    agricultural producers and contractors and produce
                    improved wage data by State and the job categories set
                    out in subparagraphs (A) through (F) of paragraph (2).
                ``(4) Consideration.--In determining the wage rate under
            paragraph (3), the Secretary may consider appropriate factors,
            including--
                        ``(A) whether the employment of additional alien
                    workers at the prevailing wage will adversely affect
                    the wages and working conditions of workers in the
                    United States similarly employed;
                        ``(B) whether the employment in the United States
                    of an alien admitted under section 101(a)(15)(H)(ii)(a)
                    or unauthorized aliens in the agricultural workforce
                    has depressed wages of United States workers engaged in
                    agricultural employment below the levels that would
                    otherwise have prevailed if such aliens had not been
                    employed in the United States;
                        ``(C) whether wages of agricultural workers are
                    sufficient to support such workers and their families
                    at a level above the poverty thresholds determined by
                    the Bureau of Census;
                        ``(D) the wages paid workers in the United States
                    who are not employed in agricultural employment but who
                    are employed in comparable employment;
                        ``(E) the continued exclusion of employers of
                    nonimmigrant alien workers in agriculture from the
                    payment of taxes under chapter 21 of the Internal
                    Revenue Code of 1986 (26 U.S.C. 3101 et seq.) and
                    chapter 23 of such Code (26 U.S.C. 3301 et seq.);
                        ``(F) the impact of farm labor costs in the United
                    States on the movement of agricultural production to
                    foreign countries;
                        ``(G) a comparison of the expenses and cost
                    structure of foreign agricultural producers to the
                    expenses incurred by agricultural producers based in
                    the United States; and
                        ``(H) the accuracy and reliability of the
                    Occupational and Employment Survey.
                ``(5) Adverse effect wage rate.--
                        ``(A) Prohibition of modification.--The adverse
                    effect wage rates in effect on April 15, 2013, for
                    nonimmigrants admitted under 101(a)(15)(H)(ii)(a)--
                                ``(i) shall remain in effect until the date
                            described in section 2233 of the Agricultural
                            Worker Program Act of 2013; and
                                ``(ii) may not be modified except as
                            provided in subparagraph (B).
                        ``(B) Exception.--Until the Secretary establishes
                    the wage rates required under paragraph (3)(C), the
                    adverse effect wage rates in effect on the date of the
                    enactment of the Agricultural Worker Program Act of
                    2013 shall be--
                                ``(i) deemed to be such wage rates; and
                                ``(ii) after September 1, 2015, adjusted
                            annually in accordance with paragraph (3)(B).
                ``(6) Equal wages, benefits, and working conditions.--
                        ``(A) Preferential treatment of aliens
                    prohibited.--
                                ``(i) In general.--The employer's job offer
                            must offer to United States workers no less
                            than the same benefits, wages, and working
                            conditions that the employer is offering,
                            intends to offer, or will provide to
                            nonimmigrant workers. Conversely, no job offer
                            may impose on United States workers any
                            restrictions or obligations which will not be
                            imposed on the employer's nonimmigrants.
                                ``(ii) Similarly situated u.s. workers.--
                            Except as provided in paragraph (3), all
                            similarly situated U.S. workers employed at the
                            same place of employment in the same
                            occupational classification as the nonimmigrant
                            workers must be provided the same wages,
                            benefits, and working conditions described in
                            this section.
                                ``(iii) Exception.--Notwithstanding
                            subparagraph (2), an employer is not required
                            to provide housing for similarly situated
                            United States workers, other than United States
                            workers recruited and hired pursuant to an
                            offer of employment in connection with an
                            application.
                        ``(B) Attestation.--
                                ``(i) In general.--Each designated
                            agricultural employer shall include an
                            attestation that the employer is or is not a
                            Program dependent employer in its petition for
                            nonimmigrant agricultural workers under
                            paragraph (2).
                                ``(ii) Program dependent employer
                            determination.--Each designated agricultural
                            employer shall annually determine whether the
                            employer is a Program dependent employer, with
                            at least 60 percent of its employees who are
                            not United States workers, based upon--
                                        ``(I) the total number of employees
                                    employed by an employer during the
                                    preceding calendar year, as evidenced
                                    by the employer's payroll records; and
                                        ``(II) the employer's E-Verify
                                    records indicating the citizenship and
                                    alien status of each employee employed
                                    by the employer.
                        ``(C) Housing exception.--An employer described in
                    subparagraph (A) shall only be required to provide
                    housing to United States workers in accordance with
                    subsection (e)(4)(H) if such workers do not reside
                    within 100 miles of their place of employment.
        ``(g) Worker Protections and Dispute Resolution.--
                ``(1) Equality of treatment.--Nonimmigrant agricultural
            workers shall not be denied any right or remedy under any
            Federal, State, or local labor or employment law applicable to
            United States workers engaged in agricultural employment.
                ``(2) Applicability of the migrant and seasonal
            agricultural worker protection act.--
                        ``(A) Migrant and seasonal agricultural worker
                    protection act.--Nonimmigrant agricultural workers
                    shall be considered migrant agricultural workers for
                    purposes of the Migrant and Seasonal Agricultural
                    Worker Protection Act (29 U.S.C. 1801 et seq.).
                        ``(B) Eligibility of nonimmigrant agricultural
                    workers for certain legal assistance.--A nonimmigrant
                    agricultural worker shall be considered to be lawfully
                    admitted for permanent residence for purposes of
                    establishing eligibility for legal services under the
                    Legal Services Corporation Act (42 U.S.C. 2996 et seq.)
                    on matters relating to wages, housing, transportation,
                    and other employment rights.
                        ``(C) Mediation.--
                                ``(i) Free mediation services.--The Federal
                            Mediation and Conciliation Service shall be
                            available to assist in resolving disputes
                            arising under this section between nonimmigrant
                            agricultural workers and designated
                            agricultural employers without charge to the
                            parties.
                                ``(ii) Complaint.--If a nonimmigrant
                            agricultural worker files a complaint under
                            section 504 of the Migrant and Seasonal
                            Agricultural Worker Protection Act (29 U.S.C.
                            1854), not later than 60 days after the filing
                            of proof of service of the complaint, a party
                            to the action may file a request with the
                            Federal Mediation and Conciliation Service to
                            assist the parties in reaching a satisfactory
                            resolution of all issues involving all parties
                            to the dispute.
                                ``(iii) Notice.--Upon filing a request
                            under clause (ii) and giving of notice to the
                            parties, the parties shall attempt mediation
                            within the period specified in clause (iv).
                                ``(iv) 90-day limit.--The Federal Mediation
                            and Conciliation Service may conduct mediation
                            or other nonbinding dispute resolution
                            activities for a period not to exceed 90 days
                            beginning on the date on which the Federal
                            Mediation and Conciliation Service receives a
                            request for assistance under clause (ii) unless
                            the parties agree to an extension of such
                            period.
                                ``(v) Authorization of appropriations.--
                                        ``(I) In general.--Subject to
                                    clause (II), there are authorized to be
                                    appropriated to the Federal Mediation
                                    and Conciliation Service $500,000 for
                                    each fiscal year to carry out this
                                    subparagraph.
                                        ``(II) Mediation.--Notwithstanding
                                    any other provision of law, the
                                    Director of the Federal Mediation and
                                    Conciliation Service is authorized--
                                                ``(aa) to conduct the
                                            mediation or other dispute
                                            resolution activities from any
                                            other account containing
                                            amounts available to the
                                            Director; and
                                                ``(bb) to reimburse such
                                            account with amounts
                                            appropriated pursuant to
                                            subclause (I).
                                ``(vi) Private mediation.--If all parties
                            agree, a private mediator may be employed as an
                            alternative to the Federal Mediation and
                            Conciliation Service.
                ``(3) Other rights.--Nonimmigrant agricultural workers
            shall be entitled to the rights granted to other classes of
            aliens under sections 242(h) and 245E.
                ``(4) Waiver of rights.--Agreements by nonimmigrant
            agricultural workers to waive or modify any rights or
            protections under this section shall be considered void or
            contrary to public policy except as provided in a collective
            bargaining agreement with a bona fide labor organization.
        ``(h) Enforcement Authority.--
                ``(1) Review.--The Secretary of Homeland Security shall
            review petitions submitted by designated agricultural employers
            under subsection (e)(2) for completeness or obvious
            inaccuracies.
                ``(2) Investigation of complaints.--
                        ``(A) Aggrieved person or third-party complaints.--
                                ``(i) Process.--The Secretary of Labor
                            shall establish a process for the receipt,
                            investigation, and disposition of complaints
                            respecting a designated agricultural employer's
                            failure to meet a condition specified in
                            subsection (e), or an employer's
                            misrepresentation of material facts in a
                            petition under subsection (e)(2).
                                ``(ii) Filing.--Any aggrieved person or
                            organization, including bargaining
                            representatives, may file a complaint referred
                            to in clause (i) not later than 1 year after
                            the date of the failure or misrepresentation,
                            respectively.
                                ``(iii) Investigation or hearing.--The
                            Secretary of Labor shall conduct an
                            investigation if there is reasonable cause to
                            believe that such failure or misrepresentation
                            has occurred.
                        ``(B) Determination on complaint.--Under such
                    process, the Secretary of Labor shall provide, not
                    later than 30 days after the date on which such a
                    complaint is filed, for a determination as to whether
                    or not a reasonable basis exists to make a finding
                    described in subparagraph (C), (D), (E), or (F). If the
                    Secretary of Labor determines that such a reasonable
                    basis exists, the Secretary of Labor shall provide for
                    notice of such determination to the interested parties
                    and an opportunity for a hearing on the complaint, in
                    accordance with section 556 of title 5, United States
                    Code, within 60 days after the date of the
                    determination. If such a hearing is requested, the
                    Secretary of Labor shall make a finding concerning the
                    matter not later than 60 days after the date of the
                    hearing. In the case of similar complaints respecting
                    the same applicant, the Secretary of Labor may
                    consolidate the hearings under this subparagraph on
                    such complaints.
                        ``(C) Failure to meet conditions.--If the Secretary
                    of Labor finds, after notice and opportunity for a
                    hearing, a failure to meet a condition under subsection
                    (e) or (f), or made a material misrepresentation of
                    fact in a petition under subsection (e)(2)--
                                ``(i) the Secretary of Labor shall notify
                            the Secretary of such finding and may, in
                            addition, impose such other administrative
                            remedies (including civil money penalties in an
                            amount not to exceed $1,000 per violation) as
                            the Secretary of Labor determines to be
                            appropriate; and
                                ``(ii) the Secretary may disqualify the
                            designated agricultural employer from the
                            employment of nonimmigrant agricultural workers
                            for a period of 1 year.
                        ``(D) Willful failures and willful
                    misrepresentations.--If the Secretary of Labor finds,
                    after notice and opportunity for hearing, a willful
                    failure to meet a condition under subsection (e) or (f)
                    or a willful misrepresentation of a material fact in an
                    application or petition under paragraph (1) or (2) of
                    subsection (e)--
                                ``(i) the Secretary of Labor shall notify
                            the Secretary of such finding and may, in
                            addition, impose such other administrative
                            remedies (including civil money penalties in an
                            amount not to exceed $5,000 per violation) as
                            the Secretary of Labor determines to be
                            appropriate;
                                ``(ii) the Secretary of Labor may seek
                            appropriate legal or equitable relief to
                            effectuate the purposes of subsection (e)(8);
                            and
                                ``(iii) the Secretary may disqualify the
                            designated agricultural employer from the
                            employment of nonimmigrant agricultural workers
                            for a period of 2 years.
                        ``(E) Displacement of united states workers.--If
                    the Secretary of Labor finds, after notice and
                    opportunity for hearing, a willful failure to meet a
                    condition under subsection (e) or (f) or a willful
                    misrepresentation of a material fact in an application
                    or petition under paragraph (1) or (2) of subsection
                    (e), in the course of which failure or
                    misrepresentation the employer displaced a United
                    States worker employed by the employer during the
                    period of employment on the employer's petition under
                    subsection (e)(2) or during the period of 30 days
                    preceding such period of employment--
                                ``(i) the Secretary of Labor shall notify
                            the Secretary of such finding and may, in
                            addition, impose such other administrative
                            remedies (including civil money penalties in an
                            amount not to exceed $15,000 per violation) as
                            the Secretary of Labor determines to be
                            appropriate; and
                                ``(ii) the Secretary may disqualify the
                            employer from the employment of nonimmigrant
                            agricultural workers for a period of 3 years.
                        ``(F) Failures to pay wages or required benefits.--
                    If the Secretary of Labor finds, after notice and
                    opportunity for a hearing, that the employer has failed
                    to pay the wages, or provide the housing allowance,
                    transportation, subsistence reimbursement, or guarantee
                    of employment required under subsection (e)(4) and (f),
                    the Secretary of Labor shall assess payment of back
                    wages, or other required benefits, due any United
                    States worker or nonimmigrant agricultural worker
                    employed by the employer in the specific employment in
                    question. The back wages or other required benefits
                    required under subsection (e) and (f) shall be equal to
                    the difference between the amount that should have been
                    paid and the amount that actually was paid to such
                    worker.
                        ``(G) Disposition of penalties.--Civil penalties
                    collected under this paragraph shall be deposited into
                    the Comprehensive Immigration Reform Trust Fund
                    established under section 6(a)(1) of the Border
                    Security, Economic Opportunity, and Immigration
                    Modernization Act.
                ``(3) Limitations on civil money penalties.--The Secretary
            of Labor shall not impose total civil money penalties with
            respect to a petition under subsection (e)(2) in excess of
            $90,000.
                ``(4) Election.--A nonimmigrant agricultural worker who has
            filed an administrative complaint with the Secretary of Labor
            may not maintain a civil action under paragraph (2) unless a
            complaint based on the same violation filed with the Secretary
            of Labor under subsection (a)(1) is withdrawn before the filing
            of such action, in which case the rights and remedies available
            under this subsection shall be exclusive.
                ``(5) Preclusive effect.--Any settlement by a nonimmigrant
            agricultural worker, a designated agricultural employer, or any
            person reached through the mediation process required under
            subsection (g)(2)(C) shall preclude any right of action arising
            out of the same facts between the parties in any Federal or
            State court or administrative proceeding, unless specifically
            provided otherwise in the settlement agreement.
                ``(6) Settlements.--Any settlement by the Secretary of
            Labor on behalf of a designated agricultural worker on behalf
            of a nonimmigrant agricultural worker of a complaint filed with
            the Secretary of Labor under this section or any finding by the
            Secretary of Labor under this subsection shall preclude any
            right of action arising out of the same facts between the
            parties under any Federal or State court or administrative
            proceeding, unless specifically provided otherwise in the
            settlement agreement.
                ``(7) Statutory construction.--Nothing in this subsection
            may be construed as limiting the authority of the Secretary of
            Labor to conduct any compliance investigation under any other
            labor law, including any law affecting migrant and seasonal
            agricultural workers, or, in the absence of a complaint under
            this section, under paragraph (1), (3), or (4) of subsection
            (e), in the settlement agreement.
                ``(8) Discrimination prohibited.--It is a violation of this
            subsection for any person to intimidate, threaten, restrain,
            coerce, blacklist, discharge, or in any other manner
            discriminate against an employee, including a former employee
            or an applicant for employment, because the employee--
                        ``(A) has disclosed information to the employer, or
                    to any other person, that the employee reasonably
                    believes evidences a violation of subsection (e), or
                    any rule or regulation relating to subsection (e); or
                        ``(B) cooperates or seeks to cooperate in an
                    investigation or other proceeding concerning the
                    employer's compliance with the requirements under
                    subsection (e) or any rule or regulation pertaining to
                    subsection (e).
                ``(9) Role of associations.--
                        ``(A) Violation by a member of an association.--
                                ``(i) In general.--If an association acting
                            as the agent of an employer files an
                            application on behalf of such employer, the
                            employer is fully responsible for such
                            application, and for complying with the terms
                            and conditions of subsection (e). If such an
                            employer is determined to have violated any
                            requirement described in this subsection, the
                            penalty for such violation shall apply only to
                            that employer except as provided in clause
                            (ii).
                                ``(ii) Collective responsibility.--If the
                            Secretary of Labor determines that the
                            association or other members of the association
                            participated in, had knowledge of, or reason to
                            know of a violation described in clause (i),
                            the penalty shall also be invoked against the
                            association and complicit association members.
                        ``(B) Violations by an association acting as an
                    employer.--
                                ``(i) In general.--If an association filing
                            an application as a sole or joint employer is
                            determined to have violated any requirement
                            described in this section, the penalty for such
                            violation shall apply only to the association
                            except as provided in clause (ii).
                                ``(ii) Member responsibility.--If the
                            Secretary of Labor determines that 1 or more
                            association members participated in, had
                            knowledge of, or reason to know of the
                            violation described in clause (i), the penalty
                            shall be invoked against all complicit
                            association members.
        ``(i) Special Nonimmigrant Visa Processing and Wage Determination
    Procedures for Certain Agricultural Occupations.--
                ``(1) Finding.--Certain industries possess unique
            occupational characteristics that necessitate the Secretary of
            Agriculture adopt special procedures relating to housing, pay,
            and visa program application requirements for those industries.
                ``(2) Special procedures industries defined.--In this
            subsection, the term `Special Procedures Industries' means--
                        ``(A) sheepherding and goat herding;
                        ``(B) itinerant commercial beekeeping and
                    pollination;
                        ``(C) open range production of livestock;
                        ``(D) itinerant animal shearing;
                        ``(E) custom combining industries; and
                        ``(F) any other industry designated by the
                    Secretary, upon petition by an employer, as a Special
                    Procedures Industry.
                ``(3) Work locations.--The Secretary shall allow designated
            agricultural employers in a Special Procedures Industry that do
            not operate in a single fixed-site location to provide, as part
            of application and job description under the Program, a list of
            anticipated work locations, which--
                        ``(A) may include an anticipated itinerary; and
                        ``(B) may be subsequently amended by the employer,
                    after notice to the Secretary.
                ``(4) Wage rates.--The Secretary may establish monthly,
            weekly, or biweekly wage rates for occupations in a Special
            Procedures Industry for a State or other geographic area. For
            an employer in those Special Industries that typically pay a
            monthly wage, the Secretary shall require that workers will be
            paid not less frequently than monthly and at a rate no less
            than the legally required monthly cash wage for such employer
            as of the date of enactment and in an amount as re-determined
            annually by the Secretary of Agriculture through rulemaking.
                ``(5) Housing.--The Secretary shall allow for the provision
            of housing or a housing allowance by employers in Special
            Procedures Industries and allow housing suitable for workers
            employed in remote locations.
                ``(6) Allergy limitation.--An employer engaged in the
            commercial beekeeping or pollination services industry may
            require that an applicant be free from bee pollen or honey-
            related allergies.
                ``(7) Application.--An individual employer in Special
            Procedures Industry may file visa program applications on its
            own behalf, including with use of an agent, or in conjunction
            with an association of employers, and in any case the
            employer's application may be part of several related
            applications submitted simultaneously that constitute a master
            application.
                ``(8) Rulemaking.--The Secretary of Agriculture, after
            consultation with employers and employee representatives, shall
            publish for notice and comment proposed regulations relating to
            housing, pay and application procedures for Special Procedure
            Industries.
        ``(j) Miscellaneous Provisions.--
                ``(1) Disqualification of nonimmigrant agricultural workers
            from financial assistance.--An alien admitted as a nonimmigrant
            agricultural worker is not eligible for any program of
            financial assistance under Federal law (whether through grant,
            loan, guarantee, or otherwise) on the basis of financial need,
            as such programs are identified by the Secretary in
            consultation with other agencies of the United States.
                ``(2) Monitoring requirement.--
                        ``(A) In general.--The Secretary shall monitor the
                    movement of nonimmigrant agricultural workers through--
                                ``(i) the Employment Verification System
                            described in section 274A(b); and
                                ``(ii) the electronic monitoring system
                            established pursuant to subparagraph (B).
                        ``(B) Electronic monitoring system.--The Secretary
                    of Homeland Security, through the Director of U.S.
                    Citizenship and Immigration Services, shall establish
                    an electronic monitoring system, which shall--
                                ``(i) be modeled on the Student and
                            Exchange Visitor Information System (SEVIS) and
                            the SEVIS II tracking system administered by
                            U.S. Immigration and Customs Enforcement;
                                ``(ii) monitor the presence and employment
                            of nonimmigrant agricultural workers; and
                                ``(iii) assist in ensuring the compliance
                            of designated agricultural employers and
                            nonimmigrant agricultural workers with the
                            requirements of the Program.''.
        (b) Rulemaking.--The Secretary of Agriculture shall issue
    regulations to cary out section 218A of the Immigration and Nationality
    Act, as added by subsection (a), not later than 1 year after the date
    of the enactment of this Act.
        (c) Clerical Amendment.--The table of contents in the first section
    of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
    amended by inserting after the item relation to section 219 the
    following:

    ``Sec. 218A. Nonimmigrant agricultural worker program.''.
        (d) Effective Date.--The amendments made by this section shall take
    effect on October 1, 2014.

    SEC. 2233. TRANSITION OF H-2A WORKER PROGRAM.

        (a) Sunset of Program.--An employer may not petition to employ an
    alien present in the United States pursuant to section
    101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C.
    1101(a)(15)(H)(ii)(a)) after the date that is 1 year after the
    effective date of the regulations issued pursuant to section 2241(b).
        (b) Conforming Amendments.--
                (1) Repeal of h-2a nonimmigrant category.--Section
            101(a)(15)(H)(ii) of the Immigration and Nationality Act (8
            U.S.C. 1101(a)(15)(H)(ii)) is amended by striking subclause
            (a).
                (2) Repeal of admission requirements for h-2a worker.--
            Section 218 of the Immigration and Nationality Act (8 U.S.C.
            1188) is repealed.
                (3) Conforming amendments.--
                        (A) Amendment of petition requirements.--Section
                    214(c)(1) of the Immigration and Nationality Act (8
                    U.S.C. 1184(g)(9)) is amended by striking ``For
                    purposes of this subsection'' and all that follows.
                (4) Effective date.--The amendments made by this subsection
            shall take effect on the date that is 1 year after the
            effective date of the regulations issued pursuant to section
            2241(b).

    SEC. 2234. REPORTS TO CONGRESS ON NONIMMIGRANT AGRICULTURAL WORKERS.

        (a) Annual Report by Secretary of Agriculture.--Not later than
    September 30 of each year, the Secretary of Agriculture shall submit a
    report to Congress that identifies, for the previous year, the number,
    disaggregated by State and by occupation, of--
                (1) job opportunities approved for employment of aliens
            admitted pursuant to clause (iii) or clause (iv) of section
            101(a)(15)(W) of the Immigration and Nationality Act, as added
            by section 2232; and
                (2) aliens actually admitted pursuant to each such clause.
        (b) Annual Report by Secretary of Homeland Security.--Not later
    than September 30 of each year, the Secretary shall submit a report to
    Congress that identifies, for the previous year, the number of aliens
    described in subsection (a)(2) who--
                (1) violated the terms of the nonimmigrant agricultural
            worker program established under section 218A(b) of the
            Immigration and Nationality Act, as added by section 2232; and
                (2) have not departed from the United States.

                          CHAPTER 3--OTHER PROVISIONS

    SEC. 2241. RULEMAKING.

        (a) Consultation Requirement.--In the course of promulgating any
    regulation necessary to implement this subtitle, or the amendments made
    by this subtitle, the Secretary, the Secretary of Agriculture, the
    Secretary of Labor, and the Secretary of State shall regularly consult
    with each other.
        (b) Deadline for Issuance of Regulations.--Except as provided in
    section 2232(b), all regulations to implement this subtitle and the
    amendments made by this subtitle shall be issued not later than 6
    months after the date of the enactment of this Act.

    SEC. 2242. REPORTS TO CONGRESS.

        Not later than 180 days after the date of the enactment of this
    Act, the Secretary and the Secretary of Agriculture shall jointly
    submit a report to Congress that describes the measures being taken and
    the progress made in implementing this subtitle and the amendments made
    by this subtitle.

    SEC. 2243. EFFECTIVE DATE.

        This subtitle and the amendments made by this subtitle, except for
    sections 2221, 2242, and 2243, shall take effect on the date on which
    the regulations required under section 2241(e) are issued, regardless
    of whether such regulations are issued on an interim basis or on any
    other basis.

                         Subtitle C--Future Immigration

    SEC. 2301. MERIT-BASED POINTS TRACK ONE.

        (a) In General.--
                (1) Worldwide level of merit-based immigrants.--Section
            201(e) (8 U.S.C. 1151(e)) is amended to read as follows:
        ``(e) Worldwide Level of Merit-based Immigrants.--
                ``(1) In general.--
                        ``(A) Numerical limitation.--Subject to paragraphs
                    (2), (3), and (4), the worldwide level of merit-based
                    immigrants is equal to 120,000 for each fiscal year.
                        ``(B) Status.--An alien admitted on the basis of a
                    merit-based immigrant visa under this section shall
                    have the status of an alien lawfully admitted for
                    permanent residence.
                ``(2) Annual increase.--
                        ``(A) In general.--Subject to subparagraph (B) and
                    paragraph (3), if in any fiscal year the worldwide
                    level of visas available for merit-based immigrants
                    under this section--
                                ``(i) is less than 75 percent of the number
                            of applicants for such fiscal year, the
                            worldwide level shall increase by 5 percent for
                            the next fiscal year; and
                                ``(ii) is equal to or more than 75 percent
                            of such number, the worldwide level for the
                            next fiscal year shall be the same as the
                            worldwide level for such fiscal year, minus any
                            amount added to the worldwide level for such
                            fiscal year under paragraph (4).
                        ``(B) Limitation on increase.--The worldwide level
                    of visas available for merit-based immigrants shall not
                    exceed 250,000.
                ``(3) Employment consideration.--The worldwide level of
            visas available for merit-based immigrants may not be increased
            for a fiscal year under paragraph (2) if the annual average
            unemployment rate for the civilian labor force 18 years or over
            in the United States, as determined by the Bureau of Labor
            Statistics, for such previous fiscal year is more than 8\1/2\
            percent.
                ``(4) Recapture of unused visas.--The worldwide level of
            merit-based immigrants described in paragraph (1) for a fiscal
            year shall be increased by the difference (if any) between the
            worldwide level established under paragraph (1) for the
            previous fiscal year and the number of visas actually issued
            under this subsection during that fiscal year. Such visas shall
            be allocated for the following year pursuant to section
            203(c)(3).''.
                (2) Merit-based immigrants.--Section 203 (8 U.S.C. 1153),
            as amended by section 213, is further amended by inserting
            after subsection (b) the following:
        ``(c) Merit-based Immigrants.--
                ``(1) Fiscal years 1 through 4.--For the first 4 fiscal
            years beginning after the date of enactment of the Border
            Security, Economic Opportunity, and Immigration Modernization
            Act, the worldwide level of merit-based immigrant visas made
            available under section 201(e)(1) shall be available for aliens
            described in section 203(b)(3) and in addition to any visas
            available for such aliens under such section.
                ``(2) Subsequent fiscal years.--Beginning with the fifth
            fiscal year beginning after the date of the enactment of the
            Border Security, Economic Opportunity, and Immigration
            Modernization Act, aliens subject to the worldwide level
            specified in section 201(e) for merit-based immigrants shall be
            allocated as follows:
                        ``(A) 50 percent shall be available to applicants
                    with the highest number of points allocated under tier
                    1 in paragraph (4).
                        ``(B) 50 percent shall be available to applicants
                    with the highest number of points allocated under tier
                    2 in paragraph (5).
                ``(3) Unused visas.--If the total number of visas allocated
            to tier 1 or tier 2 for a fiscal year are not granted during
            that fiscal year, such number may be added to the number of
            visas available section 201(e)(1) for the following fiscal year
            and allocated as follows:
                        ``(A) If the unused visas were allocated for tier 1
                    in a fiscal year, \2/3\ of such visas shall be
                    available for aliens allocated visas under tier 1 in
                    the following fiscal year and \1/3\ of such visas shall
                    be available for aliens allocated visas under either
                    tier 1 or tier 2 in the following fiscal year.
                        ``(B) If the unused visas were allocated for tier 2
                    in a fiscal year, \2/3\ of such visas shall be
                    available for aliens allocated visas under tier 2 in
                    the following fiscal year and \1/3\ of such visas shall
                    be available for aliens allocated visas under either
                    tier 1 or tier 2 in the following fiscal year.
                ``(4) Tier 1.--The Secretary shall allocate points to each
            alien seeking to be a tier 1 merit-based immigrant as follows:
                        ``(A) Education.--
                                ``(i) In general.--An alien may received
                            points under only one of the following
                            categories:
                                        ``(I) An alien who has received a
                                    doctorate degree shall be allocated 15
                                    points.
                                        ``(II) An alien who has received a
                                    master's degree shall be allocated 10
                                    points.
                                ``(ii) An alien who has received a
                            bachelor's degree from an institution of higher
                            education (as defined in section 101(a) of the
                            Higher Education Act of 1965 (20 U.S.C.
                            1001(a)) shall be allocated 5 points.
                        ``(B) Employment experience.--An alien shall be
                    allocated not more than 20 points as follows:
                                ``(i) 3 points for each year the alien has
                            been lawfully employed in a zone 5 occupation
                            in the United States.
                                ``(ii) 2 points for each year the alien has
                            been lawfully employed in a zone 4 occupation
                            in the United States.
                        ``(C) Employment related to education.--An alien
                    who in the United States and is employed full-time or
                    has an offer of full-time employment in a field related
                    to the alien's education--
                                ``(i) in a zone 5 occupation shall be
                            allocated 10 points; or
                                ``(ii) in a zone 4 occupation shall be
                            allocated 8 points.
                        ``(D) Entrepreneurship.--An alien who is an
                    entrepreneur in business that employs at least 2
                    employee in a zone 4 occupation or a zone 5 occupation
                    shall be allocated 10 points.
                        ``(E) High demand occupation.--An alien who is
                    employed full-time in the United States or has an offer
                    of full-time employment in a high demand occupation
                    high demand tier 1 occupation shall be allocated 10
                    points.
                        ``(F) Civic involvement.--An alien who has attested
                    that he or she has engaged in a significant amount of
                    community service, as determined by the Secretary,
                    shall be allocated 2 points.
                        ``(G) English language.--An alien who received a
                    score of 80 or more on the Test of English as a Foreign
                    Language, or an equivalent score on a similar test, as
                    determined by the Secretary, shall be allocated points
                    10 points.
                        ``(H) Siblings and married sons and daughters of
                    citizens.--An alien who is the sibling of a citizen of
                    the United States or who is more than 31 years of age
                    and is the married son or married daughter of a citizen
                    of the United States shall be allocated 10 points.
                        ``(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.
                        ``(J) Country of origin.--An alien who is a
                    national of a country of which fewer than 50,000
                    nationals were lawfully admitted to permanent residence
                    in the United States in the previous 5 years shall be
                    allocated 5 points.
                ``(5) Tier 2.--The Secretary shall allocate points to each
            alien seeking to be a tier 2 merit-based immigrant as follows:
                        ``(A) Employment experience.--An alien shall be
                    allocated 2 points for each year the alien has been
                    lawfully employed in the United States, for a total of
                    not more than 20 points.
                        ``(B) Special employment criteria.--An alien who is
                    employed full-time in the United States, or has an
                    offer of full-time employment--
                                ``(i) in a high demand tier 2 occupation
                            shall be allocated 10 points; or
                                ``(ii) in a zone 1 occupation or zone 2
                            occupation shall be allocated 10 points.
                        ``(C) Caregiver.--An alien who is or has been a
                    primary caregiver shall be allocated 10 points.
                        ``(D) Exceptional employment record.--An alien who
                    has a record of exceptional employment, as determined
                    by the Secretary, shall be allocated 10 points. In
                    determining a record of exceptional employment, the
                    Secretary shall consider factors including promotions,
                    longevity, changes in occupations from a lower job zone
                    to a higher job zone , good safety record, and an
                    increases in pay.
                        ``(E) Civic involvement.--An alien who has
                    demonstrated significant shall civic involvement shall
                    be allocated 2 points.
                        ``(F) English language.--An alien who received a
                    score on the Test of English as a Foreign Language, or
                    an equivalent score on a similar test, as determined by
                    the Secretary of Homeland Security of--
                                ``(i) 75 or more shall be allocated points
                            10 points; or
                                ``(ii) more than 54 and less than 75 shall
                            be allocated 5 points.
                        ``(G) Siblings and married sons and daughters of
                    citizens.--An alien who is the sibling of a citizen of
                    the United States or is over the age of 31 and is the
                    married son or married daughter of a citizen of the
                    United States shall be allocated 10 points.
                        ``(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 is a
                    national of a country of which fewer than 50,000
                    nationals were lawfully admitted to permanent residence
                    in the United States in the previous 5 years shall be
                    allocated 5 points.
                ``(6) Fee.--An alien who is allocated a visa under this
            section shall pay a fee of $500.
                ``(7) Eligibility of aliens in registered provisional
            immigrant status.--An alien who was granted registered
            provisional immigrant status may be granted a merit-based
            immigrant visa under section 201(e) and may begin accruing
            points under subsections (b), (d), and (e) no earlier than the
            date that is 10 years after the date of the enactment of the
            Border Security, Economic Opportunity, and Immigration
            Modernization Act.
                ``(8) Ineligibility of aliens with pending or approved
            petitions.--An alien who has a petition pending or approved in
            another immigrant category under this section or section 201
            may not apply for a merit-based immigrant visa.
                ``(9) Definitions.--In this subsection:
                        ``(A) High demand tier 1 occupation.--The term
                    `high demand tier 1 occupation' means 1 of the 5
                    occupations for which the highest number of
                    nonimmigrants described in section 101(a)(15)(H)(i)
                    were sought to be admitted by employers during the
                    previous fiscal year.
                        ``(B) High demand tier 2 occupation.--The term
                    `high demand tier 2 occupation' means 1 of the 5
                    occupations for which the highest number of positions
                    were sought to become registered positions by employers
                    under section 220(e) during the previous fiscal year.
                        ``(C) Secretary.--The term `Secretary' means the
                    Secretary of Homeland Security.
                        ``(D) Zone 1 occupation.--The term `zone 1
                    occupation' means an occupation that requires little or
                    no preparation and is classified as a zone 1 occupation
                    on--
                                ``(i) the Occupational Information Network
                            Database (O*NET) on the date of the enactment
                            of this Act; or
                                ``(ii) such Database or a similar successor
                            database, as designated by the Secretary of
                            Labor, after the date of the enactment of this
                            Act.
                        ``(E) Zone 2 occupation.--The term `zone 2
                    occupation' means an occupation that requires some
                    preparation and is classified as a zone 2 occupation
                    on--
                                ``(i) the Occupational Information Network
                            Database (O*NET) on the date of the enactment
                            of this Act; or
                                ``(ii) such Database or a similar successor
                            database, as designated by the Secretary of
                            Labor, after the date of the enactment of this
                            Act.
                        ``(F) Zone 3 occupation.--The term `zone 3
                    occupation' means an occupation that requires medium
                    preparation and is classified as a zone 3 occupation
                    on--
                                ``(i) the Occupational Information Network
                            Database (O*NET) on the date of the enactment
                            of this Act; or
                                ``(ii) such Database or a similar successor
                            database, as designated by the Secretary of
                            Labor, after the date of the enactment of this
                            Act.
                        ``(G) Zone 4 occupation.--The term `zone 3
                    occupation' means an occupation that requires
                    considerable preparation and is classified as a zone 4
                    occupation on--
                                ``(i) the Occupational Information Network
                            Database (O*NET) on the date of the enactment
                            of this Act; or
                                ``(ii) such Database or a similar successor
                            database, as designated by the Secretary of
                            Labor, after the date of the enactment of this
                            Act.
                        ``(H) Zone 5 occupation.--The term `zone 5
                    occupation' means an occupation that requires extensive
                    preparation and is classified as a zone 5 occupation
                    on--
                                ``(i) the Occupational Information Network
                            Database (O*NET) on the date of the enactment
                            of this Act; or
                                ``(ii) such Database or a similar successor
                            database, as designated by the Secretary of
                            Labor, after the date of the enactment of this
                            Act.''.
        (b) Modification of Points.--The Secretary may submit to Congress a
    proposal to modify the number of points allocated under subsection (c)
    of section 203 of the Immigration and Nationality Act (8 U.S.C. 1153),
    as amended by subsection (a).
        (c) Conforming Amendment.--Section 203(d) of the Immigration and
    Nationality Act (8 U.S.C. 1153(d)), as amended by section 213(a)(2)(B)
    of this Act, is further amended by striking ``(a) or (b)'' and
    inserting ``(a), (b), or (c)''.
        (d) Effective Date.--The amendments made by this section shall take
    effect on the first day of the first fiscal year beginning after the
    date of the enactment of this Act.

    SEC. 2302. MERIT-BASED TRACK TWO.

        (a) In General.--In addition to any immigrant visa made available
    under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), as
    amended by this Act, the Secretary of State shall allocate merit-based
    immigrant visas as described in this section.
        (b) Status.--An alien admitted on the basis of a merit-based
    immigrant visa under this section shall have the status of an alien
    lawfully admitted for permanent residence (as that term is defined in
    section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C.
    1101(a)(20)).
        (c) Eligibility.--Beginning on October 1, 2014, the following
    aliens shall be eligible for merit-based immigrant visas under this
    section:
                (1) Employment-based immigrants.--An alien who is the
            beneficiary of a petition filed before the date of the
            enactment of this Act to accord status under section 203(b) of
            the Immigration and Nationality Act, if the visa has not been
            issued within 5 years after the date on which such petition was
            filed.
                (2) Family-based immigrants.--Subject to subsection (d), an
            alien who is the beneficiary of a petition filed to accord
            status under section 203(a) of the Immigration and Nationality
            Act--
                        (A) prior to the date of the enactment of this Act,
                    if the visa was not issued within 5 years after the
                    date on which such petition was filed; or
                        (B) after such date of enactment, to accord status
                    under paragraph (3) or (4) of section 203(a) of the
                    Immigration and Nationality Act (8 U.S.C. 1153 (a)), as
                    in effect the day before the effective date specified
                    in section 217(a)(3 )of this Act, and the visa was not
                    issued within 5 years after the date on which petition
                    was filed.
                (3) Long-term alien workers and other merit-based
            immigrants.--An alien who--
                        (A) is not admitted pursuant to subparagraph (W) of
                    section 101(a)(15) of the Immigration and Nationality
                    Act (8 U.S.C. 1101(a)(15)); and
                        (B) has been lawfully present in the United States
                    for not less than 10 years; and
        (d) Allocation of Employment-sponsored Merit-based Immigrant
    Visas.--In each of the fiscal years 2015 through and including 2021,
    the Secretary of State shall allocate to aliens described in subsection
    (c)(1) a number of merit-based immigrant visas equal to \1/7\ of the
    number of aliens described in subsection (c)(1) whose visas had not
    been issued as of the date of the enactment of this Act.
        (e) Allocation of Family-sponsored Merit-based Immigrant Visas.--
    The visas authorized by subsection (c)(2) shall be allocated as
    follows:
                (1) Spouses and children of permanent residents.--Petitions
            to accord status under section 203(a)(2)(A) of the Immigration
            and Nationality Act (8 U.S.C. 1153(a)(2)(A)) of the Immigration
            and Nationality Act, as in effect the day before the effective
            date specified in section 217(a)(3) of this Act, are
            automatically converted to petitions to accord status to the
            same beneficiaries as immediate relatives under section
            201(b)(2)(A) of the Immigration and Nationality Act (8 U.S.C.
            1151(b)(2)(A)).
                (2) Other family members.--In each of the fiscal years 2015
            through and including 2021, the Secretary of State shall
            allocate to the aliens described in subsection (c)(2)(A), other
            than those aliens described in paragraph (1), a number of
            transitional merit-based immigrant visas equal to \1/7\ of the
            difference between--
                        (A) the number of aliens described in subsection
                    (c)(2)(A) whose visas had not been issued as of the
                    date of the enactment of this Act; and
                        (B) the number of aliens described in paragraph
                    (1).
                (3) Order of issuance for previously filed applications.--
            Subject to paragraphs (1) and (2), the visas authorized by
            subsection (c)(2)(A) shall be issued in the order in which the
            petitions to accord status under section 203(a) of the
            Immigration and Nationality Act were filed (8 U.S.C. 1153(a)).
                (4) Subsequently filed applications.--In fiscal year 2022,
            the Secretary of State shall allocate to the aliens described
            in subsection (c)(2)(B), the number of merit-based immigrant
            visas equal to \1/2\ of the number of aliens described in
            subsection (c)(2)(B) whose visas had not been issued by October
            1, 2021. In fiscal year 2023, the Secretary of State shall
            allocate to the aliens described in subsection (c)(2)(B), the
            number of merit-based immigrant visas equal to the number of
            aliens described in subsection (c)(2)(B) whose visas had not
            been issued by October 1, 2022.
                (5) Order of issuance for subsequently filed
            applications.--Subject to paragraph (4), the visas authorized
            by subsection (c)(2)(B) shall be issued in the order in which
            the petitions to accord status under section 203(a) of the
            Immigration and Nationality Act were filed, as in effect the
            day before the effective date specified in section 217(a)(3) of
            this Act.
        (f)  Eligibility in Years After 2028.--Beginning in fiscal year
    2029, aliens eligible for adjustment of status under paragraph (c)(3)
    of this section must be lawfully present in an employment authorized
    status for 20 years prior to filing an application for adjustment of
    status.
        (g) Registered Provisional Immigrants.--An alien granted registered
    provisional status under section 201 of this Act is not eligible to
    receive a merit-based immigrant visa under section 201(e) of the
    Immigration and Nationality Act, as amended by section 2301, until 10
    years after the date of the enactment of this Act.

    SEC. 2303. REPEAL OF THE DIVERSITY VISA PROGRAM.

        (a) In General.--Title II (8 U.S.C. 1151 et seq.) is amended--
                (1) in section 201 (8 U.S.C. 1151)--
                        (A) in subsection (a)--
                                (i) in paragraph (1), by adding ``and'' at
                            the end;
                                (ii) in paragraph (2), by striking ``;
                            and'' at the end and inserting a period; and
                                (iii) by striking paragraph (3); and
                        (B) by striking subsection (e);
                (2) in section 203 (8 U.S.C. 1153)--
                        (A) by striking subsection (c);
                        (B) in subsection (d), by striking ``(a), (b), or
                    (c)'' and inserting ``(a) or (b)
                        (C) in subsection (e)--
                                (i) by striking paragraph (2); and
                                (ii) by redesignating paragraph (3) as
                            paragraph (2);
                        (D) in subsection (f), by striking ``(a), (b), or
                    (c) of this section'' and inserting ``(a) or (b)''; and
                        (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), or
                    (c)'' and inserting ``(a) or (b)''.
        (b) Effective Date and Application.--
                (1) Effective date.--The amendments made by this section
            shall take effect on October 1, 2014.
                (2) Application.--An alien who receives a notification from
            the Secretary that the alien was selected to receive a
            diversity immigrant visa under section 203(c) of the
            Immigration and Nationality Act (8 U.S.C. 1153(c)) for fiscal
            year 2013 or fiscal year 2014 shall remain eligible to receive
            such visa under the rules of such section, as in effect on
            September 30, 2014. No alien may be allocated such a diversity
            immigrant visa for a fiscal year after fiscal year 2015.

    SEC. 2304. WORLD-WIDE LEVELS AND RECAPTURE OF UNUSED IMMIGRANT VISAS.

        (a) Employment-based Immigrants.--Section 201(d) (8 U.S.C. 1151(d))
    is amended to read as follows:
        ``(d) Worldwide Level of Employment-based Immigrants.--
                ``(1) In general.--
                        ``(A) Worldwide level.--For a fiscal year after
                    fiscal year 2015, the worldwide level of employment-
                    based immigrants under this subsection is equal to the
                    sum of--
                                ``(i) 140,000; and
                                ``(ii) the number computed under paragraph
                            (2).
                        ``(B) Fiscal year 2015.--For fiscal year 2015, the
                    worldwide level of employment-based immigrants under
                    this subsection is equal to the sum of--
                                ``(i) 140,000;
                                ``(ii) the number computed under paragraph
                            (2); and
                                ``(iii) the number computed under paragraph
                            (3).
                ``(2) Previous fiscal year.--The number computed under this
            paragraph for a fiscal year is the difference, if any, between
            the maximum number of visas which may be issued under section
            203(a)(relating to family-sponsored immigrants) during the
            previous fiscal year and the number of visas issued under that
            section during that year.
                ``(3) Unused visas.--The number computed under this
            paragraph is the difference, if any, between--
                        ``(A) the sum of the worldwide levels established
                    under paragraph (1) for fiscal years 1992 through and
                    including 2013; and
                        ``(B) the number of visas actually issued under
                    section 203(b) during such fiscal years.''.
        (b) Family-sponsored Immigrants.--Section 201(c) (8 U.S.C. 1151(c))
    is amended to read as follows:
        ``(c) Worldwide Level of Family-sponsored Immigrants.--
                ``(1) In general.--
                        ``(A) Worldwide level.--Subject to subparagraph
                    (C), for each fiscal year after fiscal year 2015, the
                    worldwide level of family-sponsored immigrants under
                    this subsection for a fiscal year is equal to the sum
                    of--
                                ``(i) 480,000 minus the number computed
                            under paragraph (2); and
                                ``(ii) the number computed under paragraph
                            (3).
                        ``(B) Fiscal year 2015.--Subject to subparagraph
                    (C), for fiscal year 2015, the worldwide level of
                    family-based immigrants under this subsection for a
                    fiscal year after fiscal year 2015 is equal to the sum
                    of--
                                ``(i) 480,000 minus the number computed
                            under paragraph (2);
                                ``(ii) the number computed under paragraph
                            (3); and
                                ``(iii) the number computed under paragraph
                            (4).
                        ``(C) Limitation.--The number computed under
                    subparagraph (A)(i) or (B)(i) may not be less than
                    226,000. The number computed under subparagraph (A)(i)
                    or (B)(i) may not be less than 226,000, except that
                    beginning on the date that is 18 months after the date
                    of the enactment of the Border Security, Economic
                    Opportunity, and Immigration Modernization Act, the
                    number computed under subparagraph (A)(i) or (B)(i) may
                    not be less than 161,000.
                ``(2) Immediate relatives.--The number computed under this
            paragraph for a fiscal year is the number of aliens described
            in subparagraph (A) or (B) of subsection (b)(2) who were issued
            immigrant visas, or who otherwise acquired the status of an
            alien lawfully admitted to the United States for permanent
            residence, in the previous fiscal year.
                ``(3) Previous fiscal year.--The number computed under this
            paragraph for a fiscal year is the difference, if any, between
            the maximum number of visas which may be issued under section
            203(b) (relating to employment-based immigrants) during the
            previous fiscal year and the number of visas issued under that
            section during that year.
                ``(4) Unused visas.--The number computed under this
            paragraph is the difference, if any, between--
                        ``(A) the sum of the worldwide levels established
                    under paragraph (1) for fiscal years 1992 through and
                    including 2013; and
                        ``(B) the number of visas actually issued under
                    section 203(a) during such fiscal years.''.
        (c) Effective Date.--The amendments made by this Act shall take
    effect on the first day of the first fiscal year beginning after the
    date of the enactment of this Act.

    SEC. 2305. RECLASSIFICATION OF SPOUSES AND MINOR CHILDREN OF LAWFUL
                  PERMANENT RESIDENTS AS IMMEDIATE RELATIVES.

        (a) Immediate Relatives.--Section 201(b)(2) (8 U.S.C. 1151(b)(2))
    is amended to read as follows:
                ``(2)(A) Aliens who are immediate relatives.
                ``(B) In this paragraph, the term `immediate relative'
            means--
                        ``(i) a child, spouse, or parent of a citizen of
                    the United States, except that in the case of such a
                    parent such citizen shall be at least 21 years of age;
                        ``(ii) a child or spouse of an alien lawfully
                    admitted for permanent residence;
                        ``(iii) the child or spouse of an alien described
                    in clause (i), who is accompanying or following to join
                    the alien;
                        ``(iv) the child or spouse of an alien described in
                    clause (ii), who is accompanying or following to join
                    the alien;
                        ``(v) an alien admitted under section 211(a) on the
                    basis of a prior issuance of a visa to the alien's
                    accompanying parent who is an immediate relative; and
                        ``(vi) an alien born to an alien lawfully admitted
                    for permanent residence during a temporary visit
                    abroad.
                ``(C) If an alien who was the spouse or child of a citizen
            of the United States or of an alien lawfully admitted for
            permanent residence and was not legally separated from the
            citizen or lawful permanent resident at the time of the
            citizen's or lawful permanent resident's death files a petition
            under section 204(a)(1)(A)(ii) not later than 2 years after the
            date of the citizen's or permanent resident's death, the alien
            spouse (and each child of the alien) shall remain, for purposes
            of this paragraph, an immediate relative during the period
            beginning on the date of the citizen's or permanent resident's
            death and ending on the date on which the alien spouse
            remarries.
                ``(D) An alien who has filed a petition under clause (iii)
            or (iv) of section 204(a)(1)(A) shall remain, for purposes of
            this paragraph, an immediate relative if the United States
            citizen or lawful permanent resident spouse or parent loses
            United States citizenship on account of the abuse.''.
        (b) Allocation of Immigrant Visas.--Section 203(a) (8 U.S.C.
    1153(a)) is amended--
                (1) in paragraph (1), by striking ``23,400,'' and inserting
            ``20 percent of the worldwide level of family-sponsored
            immigrants under section 201(c)'';
                (2) by striking paragraph (2) and inserting the following:
                ``(2) Unmarried sons and unmarried daughters of permanent
            resident aliens.--Qualified immigrants who are the unmarried
            sons or unmarried daughters (but are not the children) of an
            alien lawfully admitted for permanent residence shall be
            allocated visas in a number not to exceed 20 percent of the
            worldwide level of family-sponsored immigrants under section
            201(c), plus any visas not required for the class specified in
            paragraph (1).'';
                (3) in paragraph (3) --
                        (A) by striking ``23,400,'' and inserting ``20
                    percent of the worldwide level of family-sponsored
                    immigrants under section 201(c)''; and
                        (B) by striking ``classes specified in paragraphs
                    (1) and (2).'' and inserting ``class specified in
                    paragraph (2).''; and
                (4) in paragraph (4)--
                        (A) by striking ``65,000,'' and inserting ``40
                    percent of the worldwide level of family-sponsored
                    immigrants under section 201(c)''; and
                        (B) by striking ``classes specified in paragraphs
                    (1) through (3).'' and inserting ``class specified in
                    paragraph (3).''.
        (c) Termination of Registration.--Section 203(g) (8 U.S.C. 1153(g))
    is amended to read as follows:
        ``(g) Lists.--
                ``(1) In general.--For purposes of carrying out the orderly
            administration of this title, the Secretary of State may make
            reasonable estimates of the anticipated numbers of immigrant
            visas to be issued during any quarter of any fiscal year within
            each of the categories under subsections (a), (b), and (c) and
            may rely upon such estimates in authorizing the issuance of
            visas.
                ``(2) Termination of registration.--
                        ``(A) Information dissemination.--Not later than
                    180 days after the date of the enactment of the Border
                    Security, Economic Opportunity, and Immigration
                    Modernization Act, the Secretary of Homeland Security
                    and the Secretary of State shall adopt a plan to
                    broadly disseminate information to the public regarding
                    termination of registration procedures described in
                    subparagraphs (B) and (C), including procedures for
                    notifying the Department of Homeland Security and the
                    Department of State of any change of address on the
                    part of a petitioner or a beneficiary of an immigrant
                    visa petition.
                        ``(B) Termination for failure to adjust.--The
                    Secretary of Homeland Security shall terminate the
                    registration of any alien who has evidenced an
                    intention to acquire lawful permanent residence under
                    section 245 and who fails to apply to adjust status
                    within 1 year following notification to the alien of
                    the availability of an immigrant visa.
                        ``(C) Termination for failure to apply.--The
                    Secretary of State shall terminate the registration of
                    any alien not described in subparagraph (B) who fails
                    to apply for an immigrant visa within 1 year following
                    notification to the alien of the availability of such
                    visa.
                ``(3) Reinstatement.--The registration of any alien that
            was terminated under paragraph (2) shall be reinstated if the
            alien establishes within 2 years following the date of
            notification of the availability of such visa demonstrates that
            such failure to apply was due to good cause.''.
        (d) Technical and Conforming Amendments.--
                (1) Definitions.--Section 101(a)(15)(K)(ii) (8 U.S.C.
            1101(a)(15)(K)(ii)) is amended by striking ``section
            201(b)(2)(A)(i)'' and inserting ``section 201(b)(2) (other than
            clause (v) or (vi) of subparagraph (A))''.
                (2) Per country level.--Section 202(a)(1)(A) (8 U.S.C.
            1152(a)(1)(A)) is amended by striking ``section
            201(b)(2)(A)(i)'' and inserting ``section 201(b)(2) (other than
            clause (v) or (vi) of subparagraph (A))''.
                (3) Rules for determining whether certain aliens are
            immediate relatives.--Section 201(f) (8 U.S.C. 1151(f)) is
            amended--
                        (A) in paragraph (1), by striking ``paragraphs (2)
                    and (3),'' and inserting ``paragraph (2),'';
                        (B) by striking paragraph (2);
                        (C) by redesignating paragraphs (3) and (4) as
                    paragraphs (2) and (3), respectively; and
                        (D) in paragraph (3), as redesignated by
                    subparagraph (C), by striking ``through (3)'' and
                    inserting ``and (2)''.
                (4) Numerical limitation to any single foreign state.--
            Section 202 (8 U.S.C. 1152) is amended--
                        (A) in subsection (a)(4)--
                                (i) by striking subparagraphs (A) and (B);
                                (ii) by redesignating subparagraphs (C) and
                            (D) as subparagraphs (A) and (B), respectively;
                            and
                                (iii) in subparagraph (A), as redesignated
                            by clause (ii), by striking ``section
                            203(a)(2)(B)'' and inserting ``section
                            203(a)(2)''; and
                        (B) in subsection (e), in the flush matter
                    following paragraph (3), by striking ``, or as limiting
                    the number of visas that may be issued under section
                    203(a)(2)(A) pursuant to subsection (a)(4)(A)''.
                (5) Allocation of immigrant visas.--Section 203(h) (8
            U.S.C. 1153(h)) is amended--
                        (A) in paragraph (1)--
                                (i) in the matter preceding subparagraph
                            (A), by striking ``subsections (a)(2)(A) and
                            (d)'' and inserting ``subsection (d)'';
                                (ii) in subparagraph (A), by striking
                            ``becomes available for such alien (or, in the
                            case of subsection (d), the date on which an
                            immigrant visa number became available for the
                            alien's parent),'' and inserting ``became
                            available for the alien's parent,''; and
                                (iii) in subparagraph (B), by striking
                            ``applicable'';
                        (B) by amending paragraph (2) to read as follows:
                ``(2) Petitions described.--The petition described in this
            paragraph is a petition filed under section 204 for
            classification of the alien's parent under subsection (a), (b),
            or (c).''; and
                        (C) by amending paragraph (3) to read as follows:
                ``(3) Retention of priority date.--
                        ``(A) Petitions filed for children.--For a petition
                    originally filed to classify a child under subsection
                    (d), if the age of the alien is determined under
                    paragraph (1) to be 21 years of age or older on the
                    date that a visa number becomes available to the
                    alien's parent who was the principal beneficiary of the
                    petition, then, upon the parent's admission to lawful
                    permanent residence in the United States, the petition
                    shall automatically be converted to a petition filed by
                    the parent for classification of the alien under
                    subsection (a)(2) and the petition shall retain the
                    priority date established by the original petition.
                        ``(B) Family and employment-based petitions.--The
                    priority date for any family- or employment-based
                    petition shall be the date of filing of the petition
                    with the Secretary of Homeland Security (or the
                    Secretary of State, if applicable), unless the filing
                    of the petition was preceded by the filing of a labor
                    certification with the Secretary of Labor, in which
                    case that date shall constitute the priority date. The
                    beneficiary of any petition shall retain his or her
                    earliest priority date based on any petition filed on
                    his or her behalf that was approvable when filed,
                    regardless of the category of subsequent petitions.''.
                (6) Procedure for granting immigrant status.--Section 204
            (8 U.S.C. 1154) is amended--
                        (A) in subsection (a)(1)--
                                (i) in subparagraph (A)--
                                        (I) in clause (i), by inserting
                                    ``or alien lawfully admitted for
                                    permanent residence'' after ``citizen
                                    of the United States'';
                                        (II) in clause (ii), by striking
                                    ``described in the second sentence of
                                    section 201(b)(2)(A)(i) also'' and
                                    inserting ``or alien child described in
                                    section 201(b)(2)(C)'';
                                        (III) in clause (iii)--
                                                (aa) in subclause (I)(aa),
                                            by striking ``United States
                                            citizen'' and inserting
                                            ``citizen of the United States
                                            or lawful permanent resident'';
                                            and
                                                (bb) in subclause
                                            (II)(aa)--

                                                        (AA) in subitem
                                                    (AA), by striking the
                                                    semicolon at the end
                                                    and inserting ``or
                                                    lawful permanent
                                                    resident;'';

                                                        (BB) in subitem
                                                    (BB)--

                                                        (cc) by inserting
                                                    ``or lawful permanent
                                                    resident'' after ``a
                                                    citizen of the United
                                                    States''; and

                                                        (dd) by striking
                                                    ``States;'' and
                                                    inserting ``States or
                                                    lawful permanent
                                                    resident;''; and

        (CC) by amending subitem (CC) to read as follows:
                ``(CC) who was a bona fide spouse of a citizen of the
            United States or a lawful permanent resident within the past 2
            years and--
                        ``(aaa) whose spouse died within the past 2 years;
                        ``(bbb) whose spouse renounced citizenship status
                    or renounced or lost status as a lawful permanent
                    resident within the past 2 years related to an incident
                    of domestic violence; or
                        ``(ccc) who demonstrates a connection between the
                    legal termination of the marriage within the past 2
                    years and battering or extreme cruelty by the spouse
                    who is a citizen of the United States or a lawful
                    permanent resident spouse;'';
                                        (IV) in clause (iv), by inserting
                                    ``or lawful permanent resident'' after
                                    ``citizen'' each place that term
                                    appears;
                                        (V) in clause (v)(I), by inserting
                                    ``or lawful permanent resident'' after
                                    ``citizen''; and
                                        (VI) in clause (vi)--
                                                (aa) by striking
                                            ``citizenship,'' and inserting
                                            ``citizenship or lawful
                                            permanent resident status,'';
                                            and
                                                (bb) by inserting ``or
                                            lawful permanent resident''
                                            after ``abuser's citizenship'';
                                (ii) by striking subparagraph (B);
                                (iii) in subparagraph (C), by striking
                            ``subparagraph (A)(iii), (A)(iv), (B)(ii), or
                            (B)(iii)'' and inserting ``clause (iii) or (iv)
                            of subparagraph (A)''; and
                                (iv) in subparagraph (J), by striking ``or
                            clause (ii) or (iii) of subparagraph (B)'';
                        (B) in subsection (a), by striking paragraph (2);
                        (C) in subsection (c)(1), by striking ``or
                    preference status''; and
                        (D) in subsection (h), by striking ``or a petition
                    filed under subsection (a)(1)(B)(ii)''.
                (7) Excludable aliens.--Section 212(d)(12)(B) (8 U.S.C.
            1182(d)(12)(B)) is amended by striking ``section 201(b)(2)(A)''
            and inserting ``section 201(b)(2) (other than subparagraph
            (A)(vi))''.
                (8) Admission of nonimmigrants.--Section 214(r)(3)(A) (8
            U.S.C. 1184(r)(3)(A)) is amended by striking ``section
            201(b)(2)(A)(i).'' and inserting ``section 201(b)(2) (other
            than clause (v) or (vi) of subparagraph (A)).''.
                (9) Refugee crisis in iraq act of 2007.--Section 1243(a)(4)
            of the Refugee Crisis in Iraq Act of 2007 (8 U.S.C. 1157 note)
            is amended by striking ``section 201(b)(2)(A)(i)'' and
            inserting ``section 201(b)(2) (other than clause (v) or (vi) of
            subparagraph (A))''.
                (10) Processing of visa applications.--Section 233 of the
            Department of State Authorization Act, Fiscal Year 2003 (8
            U.S.C. 1201 note) is amended by striking ``section
            201(b)(2)(A)(i)'' and inserting ``section 201(b)(2) (other than
            clause (v) or (vi) of subparagraph (A))''.
                (11) Adjustment of status.--Section 245(a) (8 U.S.C.
            1255(a)) is amended to read as follows:
        ``(a)(1) The status of an alien who was inspected and admitted or
    paroled into the United States or the status of any other alien having
    an approved petition for classification as a VAWA self-petitioner may
    be adjusted by the Attorney General or the Secretary of Homeland
    Security, in the Attorney General's or the Secretary's discretion and
    under such regulations as the Attorney General or Secretary may
    prescribe, to that of an alien lawfully admitted for permanent
    residence (regardless of whether the alien has already been admitted
    for permanent residence) if--
                ``(A) the alien makes an application for such adjustment;
                ``(B) the alien is eligible to receive an immigrant visa
            and is admissible to the United States for permanent residence;
            and
                ``(C) subject to paragraph (2), an immigrant visa is
            immediately available to the alien at the time the alien's
            application is filed.
        ``(2)(A) An application that is based on a petition approved or
    approvable under subparagraph (A) or (B) of section 204(a)(1) may be
    filed without regard to the limitation set forth in paragraph (1)(C).
        ``(B) An application for adjustment filed for an alien under this
    paragraph may not be approved until such time as an immigrant visa
    becomes available for the alien.''.
        (e) Effective Date.--The amendments made by this section shall take
    effect on the date of the enactment of this Act.

    SEC. 2306. NUMERICAL LIMITATIONS ON INDIVIDUAL FOREIGN STATES.

        (a) Numerical Limitation to Any Single Foreign State.--Section
    202(a)(2) (8 U.S.C. 1152(a)(2)) is amended--
                (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)'';
                (4) by striking ``7'' and inserting ``15''; and
                (5) by striking ``such subsections'' and inserting ``such
            section''.
        (b) Conforming Amendments.--Section 202 (8 U.S.C. 1152) is
    amended--
                (1) in subsection (a)--
                        (A) in paragraph (3), by striking ``both
                    subsections (a) and (b) of section 203'' and inserting
                    ``section 203(a)''; and
                        (B) by striking paragraph (5); and
                (2) by amending subsection (e) to read as follows:
        ``(e) Special Rules for Countries at Ceiling.--If it is determined
    that the total number of immigrant visas made available under section
    203(a) to natives of any single foreign state or dependent area will
    exceed the numerical limitation specified in subsection (a)(2) in any
    fiscal year, in determining the allotment of immigrant visa numbers to
    natives under section 203(a), visa numbers with respect to natives of
    that state or area shall be allocated (to the extent practicable and
    otherwise consistent with this section and section 203) in a manner so
    that, except as provided in subsection (a)(4), the proportion of the
    visa numbers made available under each of paragraphs (1) through (4) of
    section 203(a) is equal to the ratio of the total number of visas made
    available under the respective paragraph to the total number of visas
    made available under section 203(a).''.
        (c) Country-specific Offset.--Section 2 of the Chinese Student
    Protection Act of 1992 (8 U.S.C. 1255 note) is amended--
                (1) in subsection (a), by striking ``subsection (e))'' and
            inserting ``subsection (d))''; and
                (2) by striking subsection (d) and redesignating subsection
            (e) as subsection (d).
        (d) Effective Date.--The amendments made by this section shall take
    effect 1 year after the date of the enactment of this Act.

    SEC. 2307. ALLOCATION OF IMMIGRANT VISAS.

        (a) Preference Allocation for Family-based Immigrants.--
                (1) In general.--Section 203(a) (8 U.S.C. 1153(a)) is
            amended to read as follows:
        ``(a) Preference Allocation for Family-based Immigrants.--Aliens
    subject to the worldwide level specified in section 201(c) for family-
    based immigrants shall be allotted visas as follows:
                ``(1) Sons and daughters of citizens.--Qualified immigrants
            who are--
                        ``(A) the unmarried sons or unmarried daughters but
                    not the children of citizens of the United States shall
                    be allocated visas in a number not to exceed 35 percent
                    of the worldwide level authorized in section 201(c),
                    plus the sum of--
                                ``(i) the number of visas not required for
                            the class specified in paragraph (2) for the
                            current fiscal year; and
                                ``(ii) the number of visas not required for
                            the class specified in subparagraph (B); or
                        ``(B) the married sons or married daughters of
                    citizens of the United States who are under 31 years of
                    age at the time of filing a petition under section 204
                    shall be allocated visas in a number not to exceed 25
                    percent of the worldwide level authorized in section
                    201(c), plus the number of any visas not required for
                    the class specified in subparagraph (A) current fiscal
                    year.
                ``(2) Sons and daughters of residents.--Qualified
            immigrants who are the unmarried sons or unmarried daughters of
            aliens admitted for permanent residence shall be allocated
            visas in a number not to exceed 40 percent of the worldwide
            level authorized in section 201(c), plus any visas not required
            for the class specified in paragraph (1)(A).''.
                (2) Conforming amendments.--
                        (A) Procedure for granting immigrant status.--
                    Section 204 (8 U.S.C. 1154) is amended--
                                (i) in subsection (a)(1)(A)(i), by striking
                            ``(1), (3), or (4) of section 203(a)'' and
                            inserting ``subparagraph (A) or (B) of section
                            203(a)(1)''; and
                                (ii) in subsection (f)(1), by striking
                            ``section 201(b), 203(a)(1), or 203(a)(3),''
                            and inserting ``section 201(b) or subparagraph
                            (A) or (B) of section 203(a)(1)''.
                        (B) Automatic conversion.--For the purposes of any
                    petition pending or approved based on a relationship
                    described--
                                (i) in subparagraph (A) of section
                            203(a)(1) of the Immigration and Nationality
                            Act (8 U.S.C. 1153(a)(1)), as amended by
                            paragraph (1), and notwithstanding the age of
                            the alien, such a petition shall be deemed
                            reclassified as a petition based on a
                            relationship described in subparagraph (B) of
                            such section 203(a)(1) upon the marriage of
                            such alien; or
                                (ii) in subparagraph (B) of such section
                            203(a)(1), such a petition shall be deemed
                            reclassified as a petition based on a
                            relationship described in subparagraph (A) of
                            such section 203(a)(1) upon the legal
                            termination of marriage or death of such
                            alien's spouse.
                (3) Effective date.--The amendments made by this subsection
            shall take effect on the first day of the first fiscal year
            that begins at least 18 months following the date of the
            enactment of this Act.
        (b) Preference Allocation for Employment-based Immigrants.--Section
    201(b)(1) (8 U.S.C. 1151(b)(1)) is amended by adding at the end the
    following:
                        ``(F) Derivative beneficiaries as described in
                    section 203(d) of employment-based immigrants under
                    section 203(b).
                        ``(G) Aliens with extraordinary ability in the
                    sciences, arts, education, business, or athletics which
                    has been demonstrated by sustained national or
                    international acclaim, if, with respect to any such
                    alien--
                                ``(i) the achievements of such alien have
                            been recognized in the field through extensive
                            documentation;
                                ``(ii) such alien seeks to enter the United
                            States to continue work in the area of
                            extraordinary ability; and
                                ``(iii) the entry of such alien into the
                            United States will substantially benefit
                            prospectively the United States.
                        ``(H) Aliens who are outstanding professors and
                    researchers if, with respect to any such alien--
                                ``(i) the alien is recognized
                            internationally as outstanding in a specific
                            academic area;
                                ``(ii) the alien has at least 3 years of
                            experience in teaching or research in the
                            academic area; and
                                ``(iii) the alien seeks to enter the United
                            States--
                                        ``(I) to be employed in for a
                                    tenured position (or tenure-track
                                    position) within a not for profit
                                    university or institution of higher
                                    education to teach in the academic
                                    area;
                                        ``(II) for employment in a
                                    comparable position with a not for
                                    profit university or institution of
                                    higher education , or a governmental
                                    research organization, to conduct
                                    research in the area; or
                                        ``(III) for employment in a
                                    comparable position to conduct research
                                    in the area with a department,
                                    division, or institute of a private
                                    employer, if the department, division,
                                    or institute employs at least 3 persons
                                    full-time in research activities and
                                    has achieved documented accomplishments
                                    in an academic field.
                        ``(I) Aliens who are multinational executives and
                    managers if, with respect to any such alien--
                                ``(i) in the 3 years preceding the time of
                            the alien's application for classification and
                            admission into the United States under this
                            subparagraph, the alien has been employed for
                            at least 1 year by a firm or corporation or
                            other legal entity or an affiliate or
                            subsidiary thereof; and
                                ``(ii) the alien seeks to enter the United
                            States in order to continue to render services
                            to the same employer or to a subsidiary or
                            affiliate thereof in a capacity that is
                            managerial or executive.
                        ``(J) Aliens who have earned a doctorate degree.
                        ``(K) Alien physicians who have completed the
                    foreign residency requirements under section 212(e) or
                    obtained a waiver of these requirements or an exemption
                    requested by an interested State agency or by an
                    interested Federal agency under section 214(l),
                    including those alien physicians who completed such
                    service before the date of the enactment of the Border
                    Security, Economic Opportunity, and Immigration
                    Modernization Act.''.
        (c) Technical and Conforming Amendments.--
                (1) Procedure for granting immigrant status.--Section
            204(a)(1)(E) (8 U.S.C. 1154(a)(1)(E)) is amended by striking
            ``under section 203(b)(1)(A)'' and inserting ``under
            subparagraph (G), (H), (I), (J) or (K) of section 201(b)(1), or
            section''.
                (2) Treatment of derivative family members.--Section 203(d)
            (8 U.S.C. 1153(d)) is amended to read as follows:
        ``(d) Treatment of Family Members.--If accompanying or following to
    join a spouse or parent issued a visa under subsection (a), (b), or
    (c), subparagraph (G), (H), (I), (j), or (K) of section 201(b)(1), or
    section 201(b)(2), a spouse or child as defined in subparagraph (A),
    (B), (C), (D), or (E) of section 101(b)(1) shall be entitled to the
    same immigrant status and the same order of consideration provided in
    the respective subsection.''.
                (3) Aliens who are priority workers or members of the
            professions holding advanced degrees.--Section 203(b) (8 U.S.C.
            1153(b)) is amended--
                        (A) in the matter preceding paragraph (1), by
                    striking ``Aliens'' and inserting ``Other than aliens
                    described in paragraph (1) or (2)(B), aliens'';
                        (B) in paragraph (1) by striking the matter
                    preceding subparagraph (A) and inserting ``Aliens
                    described in any of the following subparagraphs be
                    admitted to the United States without respect to the
                    worldwide level specified in section 201(d)''; and
                        (C) by amending (2) to read as follows:
                ``(2) Aliens who are members of the professions holding
            advanced degrees or advanced degrees in a stem field.--
                        ``(A) Professions holding advanced degrees.--Visas
                    shall be made available, in a number not to exceed 40
                    percent of the worldwide level authorized in section
                    201(d), plus any visas not required for the classes
                    specified in paragraph (5), to qualified immigrants who
                    are members of the professions holding advanced degrees
                    or their equivalent whose services in the sciences,
                    arts, professions, or business are sought by an
                    employer in the United States, including alien
                    physicians holding foreign medical degrees that have
                    been deemed sufficient for acceptance by an accredited
                    United States medical residency or fellowship program.
                        ``(B) Advanced degrees in a stem field.--
                                ``(i) In general.--A qualified immigrant
                            shall be admitted to the United States without
                            respect to the worldwide level specified in
                            section 201(d) if such immigrant--
                                        ``(I) has earned a graduate degree
                                    at the level of master's or higher in a
                                    field of science, technology,
                                    engineering, or mathematics from an
                                    accredited United States institution of
                                    higher education
                                        ``(II) has an offer of employment
                                    from a United States employer in a
                                    field related to such degree; and
                                        ``(III) earned the qualifying
                                    graduate degree within the 5 years
                                    immediately prior to the initial filing
                                    date of the petition under which the
                                    nonimmigrant is a beneficiary.
                                ``(ii) United states doctoral institution
                            of higher education.--In this subparagraph, the
                            term `United States doctoral institution of
                            higher education' means an institution that--
                                        ``(I) is described in section
                                    101(a) of the Higher Education Act of
                                    1965 (20 U.S.C. 1001(a)) or is a
                                    proprietary institution of higher
                                    education (as defined in section 102(b)
                                    of such Act (20 U.S.C. 1002(b)));
                                        ``(II) was classified by the
                                    Carnegie Foundation for the Advancement
                                    of Teaching on January 1, 2012, as a
                                    doctorate-granting university with a
                                    very high or high level of research
                                    activity or classified by the National
                                    Science Foundation after the date of
                                    enactment of this paragraph, pursuant
                                    to an application by the institution,
                                    as having equivalent research activity
                                    to those institutions that had been
                                    classified by the Carnegie Foundation
                                    as being doctorate-granting
                                    universities with a very high or high
                                    level of research activity; and
                                        ``(III) is accredited by an
                                    accrediting body that is itself
                                    accredited either by the Department of
                                    Education or by the Council for Higher
                                    Education Accreditation.
                        ``(C) Waiver of job offer.--
                                ``(i) National interest waiver.--Subject to
                            clause (ii), the Secretary of Homeland Security
                            may, if the Secretary deems it to be in the
                            national interest, waive the requirements of
                            subparagraph (A) that an alien's services in
                            the sciences, arts, professions, or business be
                            sought by an employer in the United States.
                                ``(ii) Physicians working in shortage areas
                            or veterans facilities.--
                                        ``(I) In general.--The Secretary
                                    shall grant a national interest waiver
                                    pursuant to clause (i) on behalf of any
                                    alien physician with respect to whom a
                                    petition for preference classification
                                    has been filed under subparagraph (A)
                                    if--
                                                ``(aa) the alien physician
                                            agrees to work full time as a
                                            physician practicing primary
                                            care, specialty medicine, or a
                                            combination thereof, in an area
                                            or areas designated by the
                                            Secretary of Health and Human
                                            Services as having a shortage
                                            of health care professionals or
                                            at a health care facility under
                                            the jurisdiction of the
                                            Secretary of Veterans Affairs;
                                            or
                                                ``(bb) the alien physician
                                            is pursuing such waiver based
                                            upon service at a facility or
                                            facilities that serve patients
                                            who reside in a geographic area
                                            or areas designated by the
                                            Secretary of Health and Human
                                            Services as having a shortage
                                            of health care professionals
                                            (without regard to whether such
                                            facility or facilities are
                                            located within such an area)
                                            and a Federal agency or a
                                            local, county, regional, or
                                            State department of public
                                            health determines that the
                                            alien physician's work at such
                                            facility was or will be in the
                                            public interest.
                                        ``(II) Prohibition.--
                                                ``(aa) No permanent
                                            resident visa may be issued to
                                            an alien physician described in
                                            subclause (I) by the Secretary
                                            of State under section 204(b),
                                            and the Secretary of Homeland
                                            Security may not adjust the
                                            status of such an alien
                                            physician from that of a
                                            nonimmigrant alien to that of a
                                            permanent resident alien under
                                            section 245, until such time as
                                            the alien has worked full time
                                            as a physician for an aggregate
                                            of 5 years (not including the
                                            time served in the status of an
                                            alien described in section
                                            101(a)(15)(J)), in an area or
                                            areas designated by the
                                            Secretary of Health and Human
                                            Services as having a shortage
                                            of health care professionals or
                                            at a health care facility under
                                            the jurisdiction of the
                                            Secretary of Veterans Affairs;
                                            or at a facility or facilities
                                            meeting the requirements of
                                            subclause (I)(bb).
                                                ``(bb) The 5-year service
                                            requirement of item (aa) shall
                                            be counted from the date the
                                            alien physician begins work in
                                            the shortage area in any legal
                                            status and not the date an
                                            immigrant visa petition is
                                            filed or approved. Such service
                                            shall be aggregated without
                                            regard to when such service
                                            began and without regard to
                                            whether such service began
                                            during or in conjunction with a
                                            course of graduate medical
                                            education.
                                                ``(cc) An alien physician
                                            shall not be required to submit
                                            an employment contract with a
                                            term exceeding the balance of
                                            the 5-year commitment yet to be
                                            served, nor an employment
                                            contract dated within a minimum
                                            time period prior to filing of
                                            a visa petition pursuant to
                                            this subsection.
                                                ``(dd) An alien physician
                                            shall not be required to file
                                            additional immigrant visa
                                            petitions upon a change of work
                                            location from the location
                                            approved in the original
                                            national interest immigrant
                                            petition.
                                        ``(III) Statutory construction.--
                                    Nothing in this subparagraph may be
                                    construed to prevent the filing of a
                                    petition with the Secretary of Homeland
                                    Security for classification under
                                    section 204(a), by an alien physician
                                    described in subclause (I) prior to the
                                    date by which such alien physician has
                                    completed the service described in
                                    subclause (II) or in section 214(l).''.
                (4) Exception from labor certification requirement for stem
            immigrants.--Section 212(a)(5)(D) (8 U.S.C. 1182(a)(5)(D)) is
            amended to read as follows:
                        ``(D) Application of grounds.--
                                ``(i) In general.--Except as provided in
                            clause (ii), the grounds for inadmissibility of
                            aliens under subparagraphs (A) and (B) shall
                            apply to immigrants seeking admission or
                            adjustment of status under paragraph (2) or (3)
                            of section 203(b).
                                ``(ii) Special rule for stem immigrants.--
                            The grounds for inadmissibility of aliens under
                            subparagraph (A) shall not apply to an
                            immigrant seeking admission or adjustment of
                            status under paragraph (2)(A)(ii) of section
                            203(b).''.
                (5) Skilled workers, professionals, and other workers.--
                        (A) In general.--Section 203(b)(3)(A) (8 U.S.C.
                    1153(b)(3)(A)) is amended by striking ``in a number not
                    to exceed 28.6 percent of such worldwide level, plus
                    any visas not required for the classes specified in
                    paragraphs (1) and (2),'' and inserting `` in a number
                    not to exceed 40 percent of the worldwide level
                    authorized in section 201(d), plus any visas not
                    required for the class specified in paragraph (2),''.
                        (B) Medical license requirements.--Section
                    214(i)(2)(A) (8 U.S.C. 1184(i)(2)(A)) is amended by
                    adding at the end ``including in the case of a medical
                    doctor, the licensure required to practice medicine in
                    the United States,''.
                        (C) Repeal of limitation on other workers.--Section
                    203(b)(3) (8 U.S.C. 1153(b)(3)) is amended--
                                (i) by striking subparagraph (B); and
                                (ii) redesignated subparagraph (C) as
                            subparagraph (B).
                (6) Certain special immigrants.--Section 203(b)(4) (8
            U.S.C. 1153(b)(4)) is amended by striking ``in a number not to
            exceed 7.1 percent of such worldwide level,'' and inserting
            ``in a number not to exceed 10 percent of the worldwide level
            authorized in section 201(d), plus any visas not required for
            the class specified in paragraph (3),''.
                (7) Employment creation.--Section 203(b)(5)(A) (8 U.S.C.
            1153(b)(5)(A)) is amended by striking ``in a number not to
            exceed 7.1 percent of such worldwide level,'' and inserting ``
            in a number not to exceed 10 percent of the worldwide level
            authorized in section 201(d), plus any visas not required for
            the class specified in paragraph (4),''.

    SEC. 2308. V NONIMMIGRANT VISAS.

        (a) Nonimmigrant Eligibility.--Subparagraph (V) of section
    101(a)(15) (8 U.S.C. 1101(a)(15)) is amended to read as follows:
                        ``(V)(i) subject to section 214(q)(1) and section
                    212(a)(4), an alien who is the beneficiary of an
                    approved petition under section 203(a) as--
                                ``(I) the unmarried son or unmarried
                            daughter of a citizen of the United States;
                                ``(II) the unmarried son or unmarried
                            daughter of an alien lawfully admitted for
                            permanent residence; or
                                ``(III) the married son or married daughter
                            of a citizen of the United States and who is
                            under 31 years of age; or
                        ``(ii) subject to section 214(q)(2), an alien who
                    is--
                                ``(I) the sibling of a citizen of the
                            United States; or
                                ``(II) the married son or married daughter
                            of a citizen of the United States and who is
                            over 31 years of age.''.
        (b) Employment and Period of Admission of Nonimmigrants Described
    in Section 101(a)(15)(V).--Section 214(q) (8 U.S.C. 1184(q)) is amended
    to read as follows:
        ``(q) Nonimmigrants Described in Section 101(a)(15)(V).--
                ``(1) Certain sons and daughters.--
                        ``(A) Employment authorization.--The Secretary
                    shall--
                                ``(i) authorize a nonimmigrant admitted
                            pursuant to section 101(a)(15)(V)(i) to engage
                            in employment in the United States during the
                            period of such nonimmigrant's authorized
                            admission; and
                                ``(ii) provide such a nonimmigrant with an
                            `employment authorized' endorsement or other
                            appropriate document signifying authorization
                            of employment.
                        ``(B) Termination of admission.--The period of
                    authorized admission for such a nonimmigrant shall
                    terminate 30 days after the date on which--
                                ``(i) such nonimmigrant's application for
                            an immigrant visa pursuant to the approval of a
                            petition under subsection (a) or (c) of section
                            203 is denied; or
                                ``(ii) such nonimmigrant's application for
                            adjustment of status under section 245 pursuant
                            to the approval of such a petition is denied.
                ``(2) Siblings and sons and daughters of citizens.--
                        ``(A) Employment authorization.--The Secretary may
                    not authorize a nonimmigrant admitted pursuant to
                    section 101(a)(15)(V)(ii) to engage in employment in
                    the United States.
                        ``(B) Period of admission.--The period of
                    authorized admission as such a nonimmigrant may not
                    exceed 60 days per fiscal year.
                        ``(C) Treatment of period of admission.--An alien
                    admitted under section 101(a)(15)(V) may not received
                    an allocation of points pursuant to section 211 of this
                    Act which is section 201(e) as amended for residence in
                    the United States while admitted as such a
                    nonimmigrant.''.
        (c) Public Benefits.--A noncitizen who is lawfully present in the
    United States pursuant to section 101(a)(15)(V) of the Immigration and
    Nationality Act (8 U.S.C. 1101(a)(15)(V)) is not eligible for any
    means-tested public benefits (as such term is defined in section 403 of
    the Personal Responsibility and Work Opportunity Reconciliation Act of
    1996 (8 U.S.C. 1613)). A noncitizen admitted under this section is--
                (1) not entitled to the premium assistance tax credit
            authorized under section 36B of the Internal Revenue Code of
            1986;
                (2) shall be subject to the rules applicable to individuals
            not lawfully present that are set forth in subsection (e) of
            such section; and
                (3) shall be subject to the rules applicable to individuals
            not lawfully present that are set forth in section 1402(e) of
            the Patient Protection and Affordable Care Act (42 U.S.C.
            18071).
        (d) Effective Date.--The amendments made by this section shall take
    effect on the first day of the first fiscal year beginning after the
    date of the enactment of this Act.

    SEC. 2309. FIANCEE AND FIANCE CHILD STATUS PROTECTION.

        (a) Definition.--Section 101(a)(15)(K) (8 U.S.C. 1101(a)(15)(K)(i)
    is amended--
                (1) in clause (i), by inserting ``or of an alien lawfully
            admitted for permanent residence'' after
            ``204(a)(1)(A)(viii)(I))'';
                (2) in clause (ii), by inserting ``or of an alien lawfully
            admitted for permanent residence'' after
            ``204(a)(1)(A)(viii)(I))''; and
                (3) in clause (iii), by striking the semicolon and
            inserting ``, provided that a determination of the age of such
            child is made using the age of the alien on the date on which
            the fiance, fiancee, or immigrant visa petition is filed with
            the Secretary of Homeland Security to classify the alien's
            parent as the fiancee or fiance of a United States citizen or
            of an alien lawfully admitted for permanent residence (in the
            case of an alien parent described in clause (i)) or as the
            spouse of a citizen of the United States or of an alien
            lawfully admitted to permanent residence under section
            201(b)(2)(A)(i) (in the case of an alien parent described in
            clause (ii));''.
        (b) Adjustment of Status Authorized.--Section 214(d) (8 U.S.C.
    1184(d)) is amended--
                (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 following:
        ``(2)(A) If an alien does not marry the petitioner under paragraph
    (1) within 3 months after the alien and the alien's children are
    admitted into the United States, the visa previously issued under the
    provisions of section 1101(a)(15)(K)(i) shall automatically expire and
    such alien and children shall be required to depart from the United
    States. If such aliens fail to depart from the United States, they
    shall be placed in proceedings in accordance with sections 240 and 241.
        ``(B) Subject to subparagraphs (C) and (D), if an alien marries the
    petitioner described in section 101(a)(15)(K)(i) within 90 days after
    the alien is admitted into the United States, the Secretary or the
    Attorney General, subject to the provisions of section 245(d), may
    adjust the status of the alien, and any children accompanying or
    following to join the alien, to that of an alien lawfully admitted for
    permanent residence on a conditional basis under section 216 if the
    alien and any such children apply for such adjustment and are not
    determined to be inadmissible to the United States. If the alien does
    not apply for such adjustment within 6 months after the marriage, the
    visa issued under the provisions of section 1101(a)(15)(K) shall
    automatically expire.
        ``(C) Paragraphs (5) and (7)(A) of section 212(a) shall not apply
    to an alien who is eligible to apply for adjustment of the alien's
    status to an alien lawfully admitted for permanent residence under this
    section.
        ``(D) An alien eligible for a waiver of inadmissibility as
    otherwise authorized under this Act or the Border Security, Economic
    Opportunity, and Immigration Modernization Act shall be permitted to
    apply for adjustment of the alien's status to that of an alien lawfully
    admitted for permanent residence under this section.''.
        (c) Age Determination.--Section 245(d) (8 U.S.C. 1255(d)) is
    amended--
                (1) by inserting ``(1)'' before ``The Attorney General'' by
            striking ``The Attorney General'' and inserting ``(1) The
            Secretary of Homeland Security'';
                (2) in paragraph (1), as designated under paragraph (1) of
            this subsection, by striking ``Attorney General'' and inserting
            ``Secretary''; and
                (3) by adding at the end the following:
        ``(2) A determination of the age of an alien admitted to the United
    States under section 101(a)(15)(K)(iii) shall be made, for purposes of
    adjustment to the status of an alien lawfully admitted for permanent
    residence on a conditional basis under section 216, using the age of
    the alien on the date on which the fiance, fiancee, or immigrant visa
    petition was filed with the Secretary of Homeland Security to classify
    the alien's parent as the fiancee or fiance of a United States citizen
    or of an alien lawfully admitted to permanent residence (in the case of
    an alien parent admitted to the United States under section
    101(a)(15)(K)(i)) or as the spouse of a United States citizen or of an
    alien lawfully admitted to permanent residence under section
    201(b)(2)(A)(i) (in the case of an alien parent admitted to the United
    States under section 101(a)(15)(K)(ii)).''.
        (d) Applicability.--The amendments made by this section shall apply
    to all petitions or applications described in such amendments that are
    pending as of the date of the enactment of the Border Security,
    Economic Opportunity, and Immigration Modernization Act.
        (e) Technical and Conforming Amendments.--
                (1) Definitions.--Section 101(a)(15)(K) (8 U.S.C.
            1101(a)(15)(K)), as amended by subsection (a), if further
            amended--
                        (A) in clause (ii), by striking ``section
                    201(b)(2)(A)(i)'' and inserting ``section 201(b)(2)'';
                    and
                        (B) in clause (iii), by striking ``section
                    201(b)(2)(A)(i)'' and inserting ``section 201(b)(2)''.
                (2) Age determination.--Section paragraph (2) of section
            245(d) (8 U.S.C. 1255(d)), as add by subsection (c), is further
            amended by striking section ``201(b)(2)(A)(i)'' and inserting
            ``201(b)(2)''.
                (3) Effective date.--The amendments made by this subsection
            shall take effect on the first day of the first fiscal year
            beginning no earlier than 1 year after the date of the
            enactment of this Act.

    SEC. 2310. EQUAL TREATMENT FOR ALL STEPCHILDREN.

        Section 101(b)(1)(B) (8 U.S.C. 1101(b)(1)(B)) is amended by
    striking ``eighteen years'' and inserting ``21 years''.

    SEC. 2311. INTERNATIONAL ADOPTION HARMONIZATION.

        (a) Modification of Adoption Age Requirements.--Section 101(b)(1)
    (8 U.S.C. 1101(b)(1)) is amended--
                (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'';
                        (C) by striking ``Attorney General'' and inserting
                    ``Secretary of Homeland Security''; and
                        (D) by striking clause (ii); and
                (3) in subparagraph (G), by striking ``16'' and inserting
            ``18''.
        (b) Harmonizing Adoptions Between Hague Convention and Non-Hague-
    Convention Countries.--Section 212(a)(1)(C)(ii) (8 U.S.C.
    1182(a)(1)(C)(ii)) is amended by striking ``section 101(b)(1)(F),'' and
    inserting ``subparagraph (F) or (G) of section 101(b)(1),''.

    SEC. 2312. RELIEF FOR ORPHANS, WIDOWS, AND WIDOWERS.

        (a) In General.--
                (1) Special rule for orphans and spouses.--In applying
            clauses (iii) and (iv) of section 201(b)(2)(A) of the
            Immigration and Nationality Act, as added by section 102(a) of
            this Act, to an alien whose citizen or lawful permanent
            resident relative died before the date of the enactment of this
            Act, the alien relative may file the classification petition
            under section 204(a)(1)(A)(ii) of such Act, as amended by
            section 102(c)(4)(A)(i)(II) of this Act, not later than 2 years
            after the date of the enactment of this Act.
                (2) Eligibility for parole.--If an alien was excluded,
            deported, removed, or departed voluntarily before the date of
            the enactment of this Act based solely upon the alien's lack of
            classification as an immediate relative (as defined in section
            201(b)(2)(A)(iv) of the Immigration and Nationality Act, as
            amended by section 102(a) of this Act) due to the death of such
            citizen or resident--
                        (A) such alien shall be eligible for parole into
                    the United States pursuant to the Secretary's
                    discretionary authority under section 212(d)(5) of such
                    Act (8 U.S.C. 1182(d)(5)); and
                        (B) such alien's application for adjustment of
                    status shall be considered notwithstanding section
                    212(a)(9) of such Act (8 U.S.C. 1182(a)(9)).
                (3) Eligibility for parole.--If an alien described in
            section 204(l) of the Immigration and Nationality Act (8 U.S.C.
            1154(l)), was excluded, deported, removed, or departed
            voluntarily before the date of the enactment of this Act--
                        (A) such alien shall be eligible for parole into
                    the United States pursuant to the Secretary's
                    discretionary authority under section 212(d)(5) of such
                    Act (8 U.S.C. 1182(d)(5)); and
                        (B) such alien's application for adjustment of
                    status shall be considered notwithstanding section
                    212(a)(9) of such Act (8 U.S.C. 1182(a)(9)).
        (b) Processing of Immigrant Visas and Derivative Petitions.--
                (1) In general.--Section 204(b) (8 U.S.C. 1154(b)) is
            amended--
                        (A) by striking ``After an investigation'' and
                    inserting ``(1) After an investigation''; and
                        (B) by adding at the end the following:
        ``(2)(A) Any alien described in subparagraph (B) whose qualifying
    relative died before the completion of immigrant visa processing may
    have an immigrant visa application adjudicated as if such death had not
    occurred. An immigrant visa issued before the death of the qualifying
    relative shall remain valid after such death.
        ``(B) An alien described in this subparagraph is an alien who--
                ``(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);
                ``(iii) is a derivative beneficiary of an employment-based
            immigrant under section 203(b) (as described in section
            203(d)); or
                ``(iv) is the spouse or child of a refugee (as described in
            section 207(c)(2)) or an asylee (as described in section
            208(b)(3)).''.
                (2) Transition period.--
                        (A) In general.--Notwithstanding a denial or
                    revocation of an application for an immigrant visa for
                    an alien whose qualifying relative died before the date
                    of the enactment of this Act, such application may be
                    renewed by the alien through a motion to reopen,
                    without fee.
                        (B) Inapplicability of bars to entry.--
                    Notwithstanding section 212(a)(9) of the Immigration
                    and Nationality Act (8 U.S.C. 1182(a)(9)), an alien's
                    application for an immigrant visa shall be considered
                    if the alien was excluded, deported, removed, or
                    departed voluntarily before the date of the enactment
                    of this Act.
        (c) Naturalization.--Section 319(a) (8 U.S.C. 1430(a)) is amended
    by striking ``States,'' and inserting ``States (or if the spouse is
    deceased, the spouse was a citizen of the United States),''.
        (d) Waivers of Inadmissibility.--Section 212 (8 U.S.C. 1182) is
    amended by adding at the end the following:
        ``(v) Continued Waiver Eligibility for Widows, Widowers, and
    Orphans.--In the case of an alien who would have been statutorily
    eligible for any waiver of inadmissibility under this Act but for the
    death of a qualifying relative, the eligibility of such alien shall be
    preserved as if the death had not occurred and the death of the
    qualifying relative shall be the functional equivalent of hardship for
    purposes of any waiver of inadmissibility which requires a showing of
    hardship.''.
        (e) Surviving Relative Consideration for Certain Petitions and
    Applications.--Section 204(l)(1) (8 U.S.C. 1154(l)(1)) is amended--
                (1) by striking ``who resided in the United States at the
            time of the death of the qualifying relative and who continues
            to reside in the United States''; and
                (2) by striking ``related applications,'' and inserting
            ``related applications (including affidavits of support),''.
        (f) Immediate Relatives.--Section 201(b)(2)(A)(i) (8 U.S.C.
    1151(b)(2)(A)(i)) is amended by striking ``within 2 years after such
    date''.
        (g) Family-sponsored Immigrants.--Section 212(a)(4)(C)(i) (8 U.S.C.
    1182(a)(4)(C)(i)) is amended--
                (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
                                    relative under 204(l); or''.

    SEC. 2313. DISCRETIONARY AUTHORITY WITH RESPECT TO REMOVAL, DEPORTATION
                  OR INADMISSIBILITY OF CITIZEN AND RESIDENT IMMEDIATE
                  FAMILY MEMBERS.

        (a) Applications for Relief From Removal.--Section 240(c)(4) (8
    U.S.C. 1229a(c)(4)) is amended by adding at the end the following:
                        ``(D) Judicial discretion.--In the case of an alien
                    subject to removal, deportation, or exclusion, the
                    immigration judge may exercise discretion to decline to
                    order the alien removed, deported or excluded from the
                    United States and terminate proceedings if the judge
                    determines that such removal, deportation, or exclusion
                    is against the public interest or would result in
                    hardship to the alien's United States citizen or
                    permanent resident parent of a child, spouse, or child,
                    or the judge determines the alien is prima facie
                    eligible for naturalization except that this
                    subparagraph shall not apply to an alien whom the judge
                    determines--
                                ``(i) is described in--
                                        ``(I) subparagraph (B), (C),
                                    (D)(ii), (E), (H), (I), or (J) of
                                    section 212(a)(2);
                                        ``(II) section 212(a)(3);
                                        ``(III) subparagraph (A), (C), or
                                    (D) of section 212(a)(10); or
                                        ``(IV) paragraph (2)(A)(ii),
                                    (2)(A)(v), (2)(F), (4), or (6) of
                                    section 237(a); or
                                ``(ii) has--
                                        ``(I) engaged in conduct described
                                    in paragraph (8) or (9) of section 103
                                    of the Trafficking Victims Protection
                                    Act of 2000 (22 U.S.C. 7102); or
                                        ``(II) a felony conviction
                                    described in section 101(a)(43) that
                                    would have been classified as an
                                    aggravated felony at the time of
                                    conviction.''.
        (b) Secretary's Discretion.--Section 212 (8 U.S.C. 1182), as
    amended by section 2312(d), is further amended by adding at the end the
    following:
        ``(w) Secretary's Discretion.--In the case of an alien inadmissible
    under this section, the Secretary of Homeland Security may exercise
    discretion to waive a ground of inadmissibility if the Secretary
    determines that such refusal of admission is against the public
    interest or would result in hardship to the alien's United States
    citizen or permanent resident parent, spouse, or child except that this
    subparagraph shall not apply to an alien whom the Secretary
    determines--
                ``(1) is described in--
                        ``(A) subparagraph (B), (C), (D)(ii), (E), (H),
                    (I), of subsection (a)(2);
                        ``(B) subsection (a)(3);
                        ``(C) subparagraph (A), (C), or (D) of subsection
                    (a)(10);
                        ``(D) 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--
                        ``(A) engaged in conduct described in paragraph (8)
                    or (9) of section 103 of the Trafficking Victims
                    Protection Act of 2000 (22 U.S.C. 7102); or
                        ``(B) a felony conviction described in section
                    101(a)(43) that would have been classified as an
                    aggravated felony at the time of conviction.''.
        (c) Reinstatement of Removal Orders.--Section 241(a)(5) (8 U.S.C.
    1231(a)(5)) is amended by striking the period at the end and inserting
    ``, unless the alien reentered prior to attaining the age of 18 years,
    or reinstatement of the prior order of removal would not be in the
    public interest or would result in hardship to the alien's United
    States citizen or permanent resident parent, spouse, or child.''.

    SEC. 2314. WAIVERS OF INADMISSIBILITY.

        (a) Aliens Who Entered as Children.--Section 212(a)(9)(B)(iii) (8
    U.S.C. 1182(a)(9)(B)(iii)) is amended by adding at the end the
    following:
                                        ``(VI) Aliens who entered as
                                    children.--Clause (i) shall not apply
                                    to an alien who is the beneficiary of
                                    an approved petition under
                                    101(a)(15)(H) and who has earned a
                                    baccalaureate or higher degree from a
                                    United States institution of higher
                                    education (as defined in section 101(a)
                                    of the Higher Education Act of 1965 (20
                                    U.S.C. 1001(a)), and had not yet
                                    reached the age of 16 years at the time
                                    of initial entry to the United
                                    States.''.
        (b) Aliens Unlawfully Present.--Section 212(a)(9)(B)(v) (8 U.S.C.
    1181(a)(9)(B)(v) is amended--
                (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 212(a)(9)(C)(i) (8
    U.S.C. 1182(a)(9)(C)(i)) is amended by adding ``, other than an alien
    described in clause (iii) or (iv) of subparagraph (B),'' after ``Any
    alien''.
        (d) False Claims.--
                (1) Inadmissibility.--
                        (A) In general.--Section 212(a)(6)(C) (8 U.S.C.
                    1182(a)(6)(C)) is amended to read as follows:
                        ``(C) Misrepresentation.--
                                ``(i) In general.--Any alien who, by fraud
                            or willfully misrepresenting a material fact,
                            seeks to procure (or within the last 3 years
                            has sought to procure or has procured) a visa,
                            other documentation, or admission into the
                            United States or other benefit provided under
                            this Act is inadmissible.
                                ``(ii) Falsely claiming citizenship.--
                                        ``(I) Inadmissibility.--Subject to
                                    subclause (II), any alien who knowingly
                                    misrepresents himself or herself to be
                                    a citizen of the United States for any
                                    purpose or benefit under this chapter
                                    (including section 274A) or any other
                                    Federal or State law is inadmissible.
                                        ``(II) Special rule for children.--
                                    An alien shall not be inadmissible
                                    under this clause if the
                                    misrepresentation described in
                                    subclause (I) was made by the alien
                                    when the alien--
                                                ``(aa) was under 18 years
                                            of age; or
                                                ``(bb) otherwise lacked the
                                            mental competence to knowingly
                                            misrepresent a claim of United
                                            States citizenship.
                                ``(iii) Waiver.--The Attorney General or
                            the Secretary of Homeland Security may, in the
                            discretion of the Attorney General or the
                            Secretary, waive the application of clause (i)
                            or (ii)(I) for an alien, regardless whether the
                            alien is within or outside the United States,
                            if the Attorney General or the Secretary find
                            that a determination of inadmissibility to the
                            United States for such alien would--
                                        ``(I) result in extreme hardship to
                                    the alien or to the alien's parent,
                                    spouse, son, or daughter who is a
                                    citizen of the United States or an
                                    alien lawfully admitted for permanent
                                    residence; or
                                        ``(II) in the case of a VAWA self-
                                    petitioner, result in significant
                                    hardship to the alien or a parent or
                                    child of the alien who is a citizen of
                                    the United States, an alien lawfully
                                    admitted for permanent residence, or a
                                    qualified alien (as defined in section
                                    431 of the Personal Responsibility and
                                    Work Opportunity Reconciliation Act of
                                    1996 (8 U.S.C. 1641(b)).
                                ``(iv) Limitation on review.--No court
                            shall have jurisdiction to review a decision or
                            action of the Attorney General or the Secretary
                            regarding a waiver under clause (iii).''.
                        (B) Conforming amendment.--Section 212 (8 U.S.C.
                    1182) is amended by striking subsection (i).
                (2) Deportability.--Section 237(a)(3)(D) (8 U.S.C.
            1227(a)(3)(D)) is amended to read as follows:
                        ``(D) Falsely claiming citizenship.--Any alien
                    described in section 212(a)(6)(C)(ii) is deportable.''.

    SEC. 2315. CONTINUOUS PRESENCE.

        Section 240A(d)(1) (8 U.S.C. 1229b(d)(1)) is amended to read as
    follows:
                ``(1) Termination of continuous period.--For purposes of
            this section, any period of continuous residence or continuous
            physical presence in the United States shall be deemed to end,
            except in the case of an alien who applies for cancellation of
            removal under subsection (b)(2), on the date that a notice to
            appear is filed with the Executive Office for Immigration
            Review pursuant to section 240.''.

    SEC. 2316. GLOBAL HEALTH CARE COOPERATION.

        (a) Temporary Absence of Aliens Providing Health Care in Developing
    Countries.--
                (1) In general.--Title III (8 U.S.C. 1401 et seq.) is
            amended by inserting after section 317 the following:

    ``SEC. 317A. TEMPORARY ABSENCE OF ALIENS PROVIDING HEALTH CARE IN
                  DEVELOPING COUNTRIES.

        ``(a) In General.--Notwithstanding any other provision of this Act,
    the Secretary of Homeland Security shall allow an eligible alien and
    the spouse or child of such alien to reside in a candidate country
    during the period that the eligible alien is working as a physician or
    other health care worker in a candidate country. During such period the
    eligible alien and such spouse or child shall be considered--
                ``(1) to be physically present and residing in the United
            States for purposes of naturalization under section 316(a); and
                ``(2) to meet the continuous residency requirements under
            section 316(b).
        ``(b) Definitions.--In this section:
                ``(1) Candidate country.--The term `candidate country'
            means a country that the Secretary of State determines to be--
                        ``(A) eligible for assistance from the
                    International Development Association, in which the per
                    capita income of the country is equal to or less than
                    the historical ceiling of the International Development
                    Association for the applicable fiscal year, as defined
                    by the International Bank for Reconstruction and
                    Development;
                        ``(B) classified as a lower middle income country
                    in the then most recent edition of the World
                    Development Report for Reconstruction and Development
                    published by the International Bank for Reconstruction
                    and Development and having an income greater than the
                    historical ceiling for International Development
                    Association eligibility for the applicable fiscal year;
                    or
                        ``(C) qualified to be a candidate country due to
                    special circumstances, including natural disasters or
                    public health emergencies.
                ``(2) Eligible alien.--The term `eligible alien' means an
            alien who--
                        ``(A) has been lawfully admitted to the United
                    States for permanent residence; and
                        ``(B) is a physician or other healthcare worker.
        ``(c) Consultation.--The Secretary of Homeland Security shall
    consult with the Secretary of State in carrying out this section.
        ``(d) Publication.--The Secretary of State shall publish--
                ``(1) not later than 180 days after the date of the
            enactment of the Border Security, Economic Opportunity, and
            Immigration Modernization Act, a list of candidate countries;
                ``(2) an updated version of the list required by paragraph
            (1) not less often than once each year; and
                ``(3) an amendment to the list required by paragraph (1) at
            the time any country qualifies as a candidate country due to
            special circumstances under subsection (b)(1)(C).''.
                (2) Rulemaking.--
                        (A) Requirement.--Not later than 180 days after the
                    date of the enactment of this Act, the Secretary shall
                    promulgate regulations to carry out the amendments made
                    by this subsection.
                        (B) Content.--The regulations promulgated pursuant
                    to subparagraph (A) shall--
                                (i) permit an eligible alien (as defined in
                            section 317A of the Immigration and Nationality
                            Act, as added by subsection (a)) and the spouse
                            or child of the eligible alien to reside in a
                            foreign country to work as a physician or other
                            healthcare worker as described in subsection
                            (a) of such section 317A for not less than a
                            12-month period and not more than a 24-month
                            period, and shall permit the Secretary to
                            extend such period for an additional period not
                            to exceed 12 months, if the Secretary
                            determines that such country has a continuing
                            need for such a physician or other healthcare
                            worker;
                                (ii) provide for the issuance of documents
                            by the Secretary to such eligible alien, and
                            such spouse or child, if appropriate, to
                            demonstrate that such eligible alien, and such
                            spouse or child, if appropriate, is authorized
                            to reside in such country under such section
                            317A; and
                                (iii) provide for an expedited process
                            through which the Secretary shall review
                            applications for such an eligible alien to
                            reside in a foreign country pursuant to
                            subsection (a) of such section 317A if the
                            Secretary of State determines a country is a
                            candidate country pursuant to subsection
                            (b)(1)(C) of such section 317A.
                (3) Technical and conforming amendments.--
                        (A) Definition.--Section 101(a)(13)(C)(ii) (8
                    U.S.C. 1101(a)(13)(C)(ii)) is amended by adding
                    ``except in the case of an eligible alien, or the
                    spouse or child of such alien, who is authorized to be
                    absent from the United States under section 317A,'' at
                    the end.
                        (B) Documentary requirements.--Section 211(b) (8
                    U.S.C. 1181(b)) is amended by inserting ``, including
                    an eligible alien authorized to reside in a foreign
                    country under section 317A and the spouse or child of
                    such eligible alien, if appropriate,'' after
                    ``101(a)(27)(A),''.
                        (C) Ineligible aliens.--Section 212(a)(7)(A)(i)(I)
                    (8 U.S.C. 1182(a)(7)(A)(i)(I)) is amended by inserting
                    ``other than an eligible alien authorized to reside in
                    a foreign country under section 317A and the spouse or
                    child of such eligible alien, if appropriate,'' after
                    ``Act,''.
                (4) Clerical amendment.--The table of contents of such Act
            is amended by inserting after the item relating to section 317
            the following:

    ``Sec. 317A. Temporary absence of aliens providing health care in
                                developing countries.''.
        (b) Attestation by Health Care Workers.--
                (1) Attestation requirement.--Section 212(a)(5) (8 U.S.C.
            1182(a)(5)) is amended by adding at the end the following:
                        ``(E) Health care workers with other obligations.--
                                ``(i) In general.--An alien who seeks to
                            enter the United States for the purpose of
                            performing labor as a physician or other health
                            care worker is inadmissible unless the alien
                            submits to the Secretary of Homeland Security
                            or the Secretary of State, as appropriate, an
                            attestation that the alien is not seeking to
                            enter the United States for such purpose during
                            any period in which the alien has an
                            outstanding obligation to the government of the
                            alien's country of origin or the alien's
                            country of residence.
                                ``(ii) Obligation defined.--In this
                            subparagraph, the term `obligation' means an
                            obligation incurred as part of a valid,
                            voluntary individual agreement in which the
                            alien received financial assistance to defray
                            the costs of education or training to qualify
                            as a physician or other health care worker in
                            consideration for a commitment to work as a
                            physician or other health care worker in the
                            alien's country of origin or the alien's
                            country of residence.
                                ``(iii) Waiver.--The Secretary of Homeland
                            Security may waive a finding of inadmissibility
                            under clause (i) if the Secretary determines
                            that--
                                        ``(I) the obligation was incurred
                                    by coercion or other improper means;
                                        ``(II) the alien and the government
                                    of the country to which the alien has
                                    an outstanding obligation have reached
                                    a valid, voluntary agreement, pursuant
                                    to which the alien's obligation has
                                    been deemed satisfied, or the alien has
                                    shown to the satisfaction of the
                                    Secretary that the alien has been
                                    unable to reach such an agreement
                                    because of coercion or other improper
                                    means; or
                                        ``(III) the obligation should not
                                    be enforced due to other extraordinary
                                    circumstances, including undue hardship
                                    that would be suffered by the alien in
                                    the absence of a waiver.''.
                (2) Effective date.--The amendment made by paragraph (1)
            shall take effect on the date that is 180 days after the date
            of the enactment of this Act.
                (3) Application.--Not later than the effective date
            described in paragraph (2), the Secretary of Homeland Security
            shall begin to carry out subparagraph (E) of section 212(a)(5)
            of the Immigration and Nationality Act, as added by paragraph
            (1), including the requirement for the attestation and the
            granting of a waiver described in clause (iii) of such
            subparagraph (E), regardless of whether regulations to
            implement such subparagraph have been promulgated.

    SEC. 2317. EXTENSION AND IMPROVEMENT OF THE IRAQI SPECIAL IMMIGRANT
                  VISA PROGRAM.

        The Refugee Crisis in Iraq Act of 2007 (8 U.S.C. 1157 note) is
    amended--
                (1) in section 1242, by amended subsection (c) to read as
            follows:
        ``(c) Improved Application Process.--Not later than 120 days after
    the date of the enactment of the Border Security, Economic Opportunity,
    and Immigration Modernization Act, the Secretary of State and the
    Secretary of Homeland Security, in consultation with the Secretary of
    Defense, shall improve the efficiency by which applications for special
    immigrant visas under section 1244(a) are processed so that all steps
    incidental to the issuance of such visas, including required screenings
    and background checks, are completed not later than 9 months after the
    date on which an eligible alien applies for such visa.''; and
                (2) in section 1244--
                        (A) subsection (b)--
                                (i) in paragraph (1)--
                                        (I) by amending subparagraph (B) to
                                    read as follows:
                        ``(B) was or is employed in Iraq on or after March
                    20, 2003, for not less than 1 year, by, or on behalf
                    of--
                                ``(i) the United States Government;
                                ``(ii) a media or nongovernmental
                            organization headquartered in the United
                            States; or
                                ``(iii) an organization or entity closely
                            associated with the United States mission in
                            Iraq that has received United States Government
                            funding through an official and documented
                            contract, award, grant, or cooperative
                            agreement;'';
                                        (II) in subparagraph (C), by
                                    striking ``United States Government''
                                    and inserting ``an entity or
                                    organization described in subparagraph
                                    (B)''; and
                                        (III) in subparagraph (D), by
                                    striking by striking ``United States
                                    Government.'' and inserting ``such
                                    entity or organization.'';
                                (ii) in paragraph (4)--
                                        (I) by striking ``A
                                    recommendation'' and inserting the
                                    following:
                        ``(A) In general.--Except as provided under
                    subparagraph (B), a recommendation'';
                                        (II) by striking ``United States
                                    Government prior'' and inserting ``an
                                    entity or organization described in
                                    paragraph (1)(B) prior''; and
                                        (III) by adding at the end the
                                    following:
                        ``(B) Review process for denial by chief of
                    mission.--
                                ``(i) In general.--An applicant who has
                            been denied Chief of Mission approval required
                            by subparagraph (A) shall--
                                        ``(I) receive a written decision;
                                    and
                                        ``(II) be provided 120 days from
                                    the date of the decision to request
                                    reopening of the decision to provide
                                    additional information, clarify
                                    existing information, or explain any
                                    unfavorable information.
                                ``(ii) Senior coordinator.--The Secretary
                            of State shall designate, in the Embassy of the
                            United States in Baghdad, Iraq, a senior
                            coordinator responsible for overseeing the
                            efficiency and integrity of the processing of
                            special immigrant visas under this section, who
                            shall be given--
                                        ``(I) sufficiently high security
                                    clearance to review Chief of Mission
                                    denials in cases that appear to have
                                    relied upon insufficient or incorrect
                                    information; and
                                        ``(II) responsibility for ensuring
                                    that an applicant described in clause
                                    (i) receives the information described
                                    in clause (i)(I).''; and
                        (B) in subsection (c)(3), by adding at the end the
                    following:
                        ``(C) Subsequent fiscal years.--Notwithstanding
                    subparagraphs (A) and (B), and consistent with
                    subsection (b), any unused balance of the total number
                    of principal aliens who may be provided special
                    immigrant status under this section in fiscal years
                    2008 through 2012 may be carried forward and provided
                    through the end of fiscal year 2018.''; and
                (3) in section 1248, by adding at the end the following:
        ``(f) Report on Improvements.--
                ``(1) In general.--Not later than 120 days after the date
            of the enactment of the Border Security, Economic Opportunity,
            and Immigration Modernization Act, the Secretary of State and
            the Secretary of Homeland Security, in consultation with the
            Secretary of Defense, shall submit a report, with a classified
            annex, if necessary, to--
                        ``(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 the House
                    of Representatives.
                ``(2) Contents.--The report submitted under paragraph (1)
            shall describe the implementation of improvements to the
            processing of applications for special immigrant visas under
            section 1244(a), including information relating to--
                        ``(A) enhancing existing systems for conducting
                    background and security checks of persons applying for
                    special immigrant status, which shall--
                                ``(i) support immigration security; and
                                ``(ii) provide for the orderly processing
                            of such applications without delay;
                        ``(B) the financial, security, and personnel
                    considerations and resources necessary to carry out
                    this subtitle;
                        ``(C) the number of aliens who have applied for
                    special immigrant visas under section 1244 during each
                    month of the preceding fiscal year;
                        ``(D) the reasons for the failure to expeditiously
                    process any applications that have been pending for
                    longer than 9 months;
                        ``(E) the total number of applications that are
                    pending due to the failure--
                                ``(i) to receive approval from the Chief of
                            Mission;
                                ``(ii) for U.S. Citizenship and Immigration
                            Services to complete the adjudication of the
                            Form I-360;
                                ``(iii) to conduct a visa interview; or
                                ``(iv) to issue the visa to an eligible
                            alien;
                        ``(F) the average wait times for an applicant at
                    each of the stages described in subparagraph (E);
                        ``(G) the number of denials or rejections at each
                    of the stages described in subparagraph (E); and
                        ``(H) a breakdown of reasons for denials at by the
                    Chief of Mission based on the categories already made
                    available to denied special immigrant visa applicants
                    in the denial letter sent to them by the Chief of
                    Mission.
        ``(g) Public Quarterly Reports .--Not later than 120 days after the
    date of the enactment of the Border Security, Economic Opportunity, and
    Immigration Modernization Act, and every 3 months thereafter, the
    Secretary of State and the Secretary of Homeland Security, in
    consultation with the Secretary of Defense, shall publish a report on
    the website of the Department of State that describes the efficiency
    improvements made in the process by which applications for special
    immigrant visas under section 1244(a) are processed, including
    information described in subparagraphs (C) through (H) of subsection
    (f)(2).''.

    SEC. 2318. EXTENSION AND IMPROVEMENT OF THE AFGHAN SPECIAL IMMIGRANT
                  VISA PROGRAM.

        Section 602(b) of the Afghan Allies Protection Act of 2009 (8
    U.S.C. 1101 note) is amended--
                (1) in paragraph (2)--
                        (A) in subparagraph (A)--
                                (i) by amending clause (ii) to read as
                            follows:
                                ``(ii) was or is employed in Afghanistan on
                            or after October 7, 2001, for not less than 1
                            year, by, or on behalf of--
                                        ``(I) the United States Government;
                                        ``(II) a media or nongovernmental
                                    organization headquartered in the
                                    United States; or
                                        ``(III) an organization or entity
                                    closely associated with the United
                                    States mission in Afghanistan that has
                                    received United States Government
                                    funding through an official and
                                    documented contract, award, grant, or
                                    cooperative agreement;'';
                                (ii) in clause (iii), by striking ``United
                            States Government'' and inserting ``an entity
                            or organization described in clause (ii)''; and
                                (iii) in clause (iv), by striking by
                            striking ``United States Government.'' and
                            inserting ``such entity or organization.'';
                        (B) by amending subparagraph (B) to read as
                    follows:
                        ``(B) Family members.--An alien is described in
                    this subparagraph if the alien is--
                                ``(i) the spouse or minor child of a
                            principal alien described in subparagraph (A)
                            who is accompanying or following to join the
                            principal alien in the United States; or
                                ``(ii)(I) the spouse, child, parent or
                            sibling of a principal alien described in
                            subparagraph (A), whether or not accompanying
                            or following to join; and
                                ``(II) has experienced or is experiencing
                            an ongoing serious threat as a consequence of
                            the qualifying employment of a principal alien
                            described in subparagraph (A).''; and
                        (C) in subparagraph (D)--
                                (i) by striking ``A recommendation'' and
                            inserting the following:
                                ``(i) In general.--Except as provided under
                            clause (ii), a recommendation'';
                                (ii) by striking ``United States Government
                            prior'' and inserting ``an entity or
                            organization described in paragraph (2)(A)(ii)
                            prior''; and
                                (iii) by adding at the end the following:
                                ``(ii) Review process for denial by chief
                            of mission.--
                                        ``(I) In general.--An applicant who
                                    has been denied Chief of Mission
                                    approval shall--
                                                ``(aa) receive a written
                                            decision; and
                                                ``(bb) be provided 120 days
                                            from the date of receipt of
                                            such opinion to request
                                            reconsideration of the decision
                                            to provide additional
                                            information, clarify existing
                                            information, or explain any
                                            unfavorable information..
                                        ``(II) Senior coordinator.--The
                                    Secretary of State shall designate, in
                                    the Embassy of the United States in
                                    Kabul, Afghanistan, a senior
                                    coordinator responsible for overseeing
                                    the efficiency and integrity of the
                                    processing of special immigrant visas
                                    under this section, who shall be
                                    given--
                                                ``(aa) sufficiently high
                                            security clearance to review
                                            Chief of Mission denials in
                                            cases that appear to have
                                            relied upon insufficient or
                                            incorrect information; and
                                                ``(bb) responsibility for
                                            ensuring that an applicant
                                            described in subclause (I)
                                            receives the information
                                            described in subclause
                                            (I)(aa).'';
                (2) in paragraph (3)(C), by amending clause (iii) to read
            as follows:
                                ``(iii) Fiscal years 2014 through 2018.--
                            For each of the fiscal years 2014 through 2018,
                            the total number of principal aliens who may be
                            provided special immigrant status under this
                            section may not exceed the sum of--
                                        ``(I) 5,000;
                                        ``(II) the difference between the
                                    number of special immigrant visas
                                    allocated under this section for fiscal
                                    years 2009 through 2013 and the number
                                    of such allocated visas that were
                                    issued; and
                                        ``(III) any unused balance of the
                                    total number of principal aliens who
                                    may be provided special immigrant
                                    status in fiscal years 2014 through
                                    2018 that have been carried forward.'';
                (3) in paragraph (4)--
                        (A) in the heading, by striking ``Prohibition on
                    fees.--''and inserting ``Application process.--'';
                        (B) by striking ``The Secretary'' and inserting the
                    following:
                        ``(A) In general.--Not later than 120 days after
                    the date of enactment of the Border Security, Economic
                    Opportunity, and Immigration Modernization Act, the
                    Secretary of State and the Secretary of Homeland
                    Security, in consultation with the Secretary of
                    Defense, shall improve the efficiency by which
                    applications for special immigrant visas under
                    paragraph (1) are processed so that all steps
                    incidental to the issuance of such visas, including
                    required screenings and background checks, are
                    completed not later than 6 months after the date on
                    which an eligible alien applies for such visa.
                        ``(B) Prohibition on fees.--The Secretary''; and
                (4) by adding at the end the following:
                ``(12) Report on improvements.--Not later than 120 days
            after the date of the enactment of the Border Security,
            Economic Opportunity, and Immigration Modernization Act, the
            Secretary of State and the Secretary of Homeland Security, in
            consultation with the Secretary of Defense, shall submit to the
            appropriate committees a report, with a classified annex, if
            necessary, that describes the implementation of improvements to
            the processing of applications for special immigrant visas
            under this subsection, including information relating to--
                        ``(A) enhancing existing systems for conducting
                    background and security checks of persons applying for
                    special immigrant status, which shall--
                                ``(i) support immigration security; and
                                ``(ii) provide for the orderly processing
                            of such applications without delay;
                        ``(B) the financial, security, and personnel
                    considerations and resources necessary to carry out
                    this section;
                        ``(C) the number of aliens who have applied for
                    special immigrant visas under this subsection during
                    each month of the preceding fiscal year;
                        ``(D) the reasons for the failure to expeditiously
                    process any applications that have been pending for
                    longer than 9 months;
                        ``(E) the total number of applications that are
                    pending due to the failure--
                                ``(i) to receive approval from the Chief of
                            Mission;
                                ``(ii) for U.S. Citizenship and Immigration
                            Services to complete the adjudication of the
                            Form I-360;
                                ``(iii) to conduct a visa interview; or
                                ``(iv) to issue the visa to an eligible
                            alien;
                        ``(F) the average wait times for an applicant at
                    each of the stages described in subparagraph (E);
                        ``(G) the number of denials or rejections at each
                    of the stages described in subparagraph (E); and
                        ``(H) a breakdown of reasons for denials by the
                    Chief of Mission based on the categories already made
                    available to denied special immigrant visa applicants
                    in the denial letter sent to them by the Chief of
                    Mission.
                ``(13) Public quarterly reports .--Not later than 120 days
            after the date of the enactment of the Border Security,
            Economic Opportunity, and Immigration Modernization Act, and
            every 3 months thereafter, the Secretary of State and the
            Secretary of Homeland Security, in consultation with the
            Secretary of Defense, shall publish a report on the website of
            the Department of State that describes the efficiency
            improvements made in the process by which applications for
            special immigrant visas under this subsection are processed,
            including information described in subparagraph (C) through (H)
            of paragraph (12).''.

    SEC. 2319. ELIMINATION OF SUNSETS FOR CERTAIN VISA PROGRAMS.

        (a) Special Immigrant Nonminister Religious Worker Program.--
    Section 101(a)(27)(C)(ii) (8 U.S.C. 1101 (a)(27)(C)(ii)) is amended in
    subclauses (II) and (III) by striking ``before September 30, 2015,''
    both places such term appears.
        (b) EB -5 Regional Center Program.--Section 610(b) of the
    Departments of Commerce, Justice, and State, the Judiciary, and Related
    Agencies Appropriations Act, 1993 (Public Law 102-395; 8 U.S.C. 1153
    note) is amended by striking ``until September 30, 2015''.

                Subtitle D--Conrad State 30 and Physician Access

    SEC. 2401. CONRAD STATE 30 PROGRAM.

        Section 220(c) of the Immigration and Nationality Technical
    Corrections Act of 1994 (Public Law 103-416; 8 U.S.C. 1182 note) is
    amended by striking ``and before September 30, 2015''.

    SEC. 2402. RETAINING PHYSICIANS WHO HAVE PRACTICED IN MEDICALLY
                  UNDERSERVED COMMUNITIES.

        Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section
    217(b), is further amended by adding at the end the following:
                ``(L)(i) Alien physicians who have completed service
            requirements of a waiver requested under section
            203(b)(2)(B)(ii), including alien physicians who completed such
            service before the date of the enactment of the Border
            Security, Economic Opportunity, and Immigration Modernization
            Act and any spouses or children of such alien physicians.
                ``(ii) Nothing in this subparagraph may be construed--
                        ``(I) to prevent the filing of a petition with the
                    Secretary of Homeland Security for classification under
                    section 204(a) or the filing of an application for
                    adjustment of status under section 245 by an alien
                    physician described in this subparagraph prior to the
                    date by which such alien physician has completed the
                    service described in section 214(l) or worked full-time
                    as a physician for an aggregate of 5 years at the
                    location identified in the section 214(l) waiver or in
                    an area or areas designated by the Secretary of Health
                    and Human Services as having a shortage of health care
                    professionals; or
                        ``(II) to permit the Secretary of Homeland Security
                    to grant such a petition or application until the alien
                    has satisfied all the requirements of the waiver
                    received under section 214(l).''.

    SEC. 2403. EMPLOYMENT PROTECTIONS FOR PHYSICIANS.

        (a) In General.--Section 214(l)(1)(C) (8 U.S.C. 1184(l)(1)(C)) is
    amended by striking clauses (i) and (ii) and inserting the following:
                        ``(i) the alien demonstrates a bona fide offer of
                    full-time employment, at a health care organization,
                    which employment has been determined by the Secretary
                    of Homeland Security to be in the public interest; and
                        ``(ii) the alien agrees to begin employment with
                    the health facility or health care organization in a
                    geographic area or areas which are designated by the
                    Secretary of Health and Human Services as having a
                    shortage of health care professionals by the later of
                    the date that is 90 days after receiving such waiver,
                    90 days after completing graduate medical education or
                    training under a program approved pursuant to section
                    212(j)(1), or 90 days after receiving nonimmigrant
                    status or employment authorization, and agrees to
                    continue to work for a total of not less than 3 years
                    in any status authorized for such employment under this
                    subsection unless--
                                ``(I) the Secretary determines that
                            extenuating circumstances exist that justify a
                            lesser period of employment at such facility or
                            organization, in which case the alien shall
                            demonstrate another bona fide offer of
                            employment at a health facility or health care
                            organization, for the remainder of such 3-year
                            period;
                                ``(II) the interested State agency that
                            requested the waiver attests that extenuating
                            circumstances exist that justify a lesser
                            period of employment at such facility or
                            organization in which case the alien shall
                            demonstrate another bona fide offer of
                            employment at a health facility or health care
                            organization so designated by the Secretary of
                            Health and Human Services, for the remainder of
                            such 3-year period; or
                                ``(III) if the alien elects not to pursue a
                            determination of extenuating circumstances
                            pursuant to subclause (I) or (II), the alien
                            terminates the alien's employment relationship
                            with such facility or organization, in which
                            case the alien shall be employed for the
                            remainder of such 3-year period, and 1
                            additional year for each termination, at
                            another health facility or health care
                            organization in a geographic area or areas
                            which are designated by the Secretary of Health
                            and Human Services as having a shortage of
                            health care professionals; and''.
        (b) Contract Requirements.--Section 214(l) (8 U.S.C. 1184(l)) is
    amended by adding at the end the following:
        ``(4) An alien granted a waiver under paragraph (1)(C) shall enter
    into an employment agreement with the contracting health facility or
    health care organization that--
                ``(A) specifies the maximum number of on-call hours per
            week (which may be a monthly average) that the alien will be
            expected to be available and the compensation the alien will
            receive for on-call time;
                ``(B) specifies whether the contracting facility or
            organization will pay for the alien's malpractice insurance
            premiums, including whether the employer will provide
            malpractice insurance and, if so, the amount of such insurance
            that will be provided;
                ``(C) describes all of the work locations that the alien
            will work and a statement that the contracting facility or
            organization will not add additional work locations without the
            approval of the Federal agency or State agency that requested
            the waiver; and
                ``(D) does not include a non-compete provision.
        ``(5) An alien granted a waiver under paragraph (1)(C) whose
    employment relationship with a health facility or health care
    organization terminates during the 3-year service period required by
    such paragraph--
                ``(A) shall have a period of 120 days beginning on the date
            of such termination of employment to submit to the Secretary of
            Homeland Security applications or petitions to commence
            employment with another contracting health facility or health
            care organization in a geographic area or areas which are
            designated by the Secretary of Health and Human Services as
            having a shortage of health care professionals; and
                ``(B) shall be considered to be maintaining lawful status
            in an authorized stay during the 120-day period referred to in
            subsection (A).''.

    SEC. 2404. ALLOTMENT OF CONRAD 30 WAIVERS.

        (a) In General.--Section 214(l) (8 U.S.C. 1184(l)), as amended by
    section 333(b), is further amended by adding at the end the following:
        ``(6)(A)(i) All States shall be allotted a total of 35 waivers
    under paragraph (1)(B) for a fiscal year if 90 percent of the waivers
    available to the States receiving at least 5 waivers were used in the
    previous fiscal year.
        ``(ii) When an allocation has occurred under clause (i), all States
    shall be allotted an additional 5 waivers under paragraph (1)(B) for
    each subsequent fiscal year if 90 percent of the waivers available to
    the States receiving at least 5 waivers were used in the previous
    fiscal year. If the States are allotted 45 or more waivers for a fiscal
    year, the States will only receive an additional increase of 5 waivers
    the following fiscal year if 95 percent of the waivers available to the
    States receiving at least 1 waiver were used in the previous fiscal
    year.
        ``(B) Any increase in allotments under subparagraph (A) shall be
    maintained indefinitely, unless in a fiscal year, the total number of
    such waivers granted is 5 percent lower than in the last year in which
    there was an increase in the number of waivers allotted pursuant to
    this paragraph, in which case--
                ``(i) the number of waivers allotted shall be decreased by
            5 for all States beginning in the next fiscal year; and
                ``(ii) each additional 5 percent decrease in such waivers
            granted from the last year in which there was an increase in
            the allotment, shall result in an additional decrease of 5
            waivers allotted for all States, provided that the number of
            waivers allotted for all States shall not drop below 30.''.
        (b) Academic Medical Centers.--Section 214(l)(1)(D) (8 U.S.C.
    1184(l)(1)(D)) is amended--
                (1) in clause (ii), by striking ``and'' at the end;
                (2) in clause (iii), by striking the period at the 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--
                                ``(I) the head of such agency determines
                            that the alien is to practice medicine in, or
                            be on the faculty of a residency program at, an
                            academic medical center (as that term is
                            defined in section 411.355(e)(2) of title 42,
                            Code of Federal Regulation, or similar
                            successor regulation), without regard to
                            whether such facility is located within an area
                            designated by the Secretary of Health and Human
                            Services as having a shortage of health care
                            professionals; and
                                ``(II) the head of such agency determines
                            that--
                                        ``(aa) the alien physician's work
                                    is in the public interest; and
                                        ``(bb) the grant of such waiver
                                    would not cause the number of the
                                    waivers granted on behalf of aliens for
                                    such State for a fiscal year (within
                                    the limitation in subparagraph (B) and
                                    subject to paragraph (6)) in accordance
                                    with the conditions of this clause to
                                    exceed 3.''.

    SEC. 2405. AMENDMENTS TO THE PROCEDURES, DEFINITIONS, AND OTHER
                  PROVISIONS RELATED TO PHYSICIAN IMMIGRATION.

        (a) Dual Intent for Physicians Seeking Graduate Medical Training.--
    Section 214(b) (8 U.S.C. 1184(b)) is amended by striking ``(other than
    a nonimmigrant described in subparagraph (L) or (V) of section
    101(a)(15), and other than a nonimmigrant described in any provision of
    section 101(a)(15)(H)(i) except subclause (b1) of such section)'' and
    inserting ``(other than a nonimmigrant described in subparagraph (L) or
    (V) of section 101(a)(15), a nonimmigrant described in any provision of
    section 101(a)(15)(H)(i), except subclause (b1) of such section, and an
    alien coming to the United States to receive graduate medical education
    or training as described in section 212(j) or to take examinations
    required to receive graduate medical education or training as described
    in section 212(j))''.
        (b) Allowable Visa Status for Physicians Fulfilling Waiver
    Requirements in Medically Underserved Areas.--Section 214(l)(2)(A) (8
    U.S.C. 1184(l)(2)(A)) is amended by striking ``an alien described in
    section 101(a)(15)(H)(i)(b).'' and inserting ``any status authorized
    for employment under this Act.''.
        (c) Physician National Interest Waiver Clarifications.--Section
    203(b)(2)(B)(ii)(I) (8 U.S.C. 1153(b)(2)(B)(ii)(I)) is amended by
    striking items (aa) and (bb) and inserting the following:
                                ``(aa) the alien physician agrees to work
                            on a full-time basis practicing primary care,
                            specialty medicine, or a combination thereof,
                            in an area or areas designated by the Secretary
                            of Health and Human Services as having a
                            shortage of health care professionals, or at a
                            health care facility under the jurisdiction of
                            the Secretary of Veterans Affairs; or
                                ``(bb) the alien physician is pursuing such
                            waiver based upon service at a facility or
                            facilities that serve patients who reside in a
                            geographic area or areas designated by the
                            Secretary of Health and Human Services as
                            having a shortage of health care professionals
                            (without regard to whether such facility or
                            facilities are located within such an area) and
                            a Federal agency, or a local, county, regional,
                            or State department of public health determines
                            the alien physician's work was or will be in
                            the public interest.''.
        (d) Short Term Work Authorization for Physicians Completing Their
    Residencies.--A physician completing graduate medical education or
    training as described in section 212(j) of the Immigration and
    Nationality Act (8 U.S.C. 1182(j)) as a nonimmigrant described section
    101(a)(15)(H)(i) of such Act (8 U.S.C. 1101(a)(15)(H)(i)) shall have
    such nonimmigrant status automatically extended until October 1 of the
    fiscal year for which a petition for a continuation of such
    nonimmigrant status has been submitted in a timely manner and where the
    employment start date for the beneficiary of such petition is October 1
    of that fiscal year. Such physician shall be authorized to be employed
    incident to status during the period between the filing of such
    petition and October 1 of such fiscal year. However, the physician's
    status and employment authorization shall terminate 30 days from the
    date such petition is rejected, denied or revoked. A physician's status
    and employment authorization will automatically extend to October 1 of
    the next fiscal year if all visas as described in such section
    101(a)(15)(H)(i) authorized to be issued for the fiscal year have been
    issued.
        (e) Applicability of Section 212(e) to Spouses and Children of J-1
    Exchange Visitors.--A spouse or child of an exchange visitor described
    in section 101(a)(15)(J) of the Immigration and Nationality Act (8
    U.S.C. 1101(a)(15)(J)) shall not be subject to the requirements of
    section 212(e) of the Immigration and Nationality Act (8 U.S.C.
    1182(e)).

                            Subtitle E--Integration

    SEC. 2501. DEFINITIONS.

        In this subtitle:
                (1) Chief.--The term ``Chief'' means the Chief of the
            Office.
                (2) Foundation.--The term ``Foundation'' means the United
            States Citizenship Foundation established pursuant to section
            2531.
                (3) IEACA grants.--The term ``IEACA grants'' means Initial
            Entry, Adjustment, and Citizenship Assistance grants authorized
            under section 2537.
                (4) Immigrant integration.--The term ``immigrant
            integration'' means the process by which immigrants--
                        (A) join the mainstream of civic life by engaging
                    and sharing ownership in their local community, the
                    United States, and the principles of the Constitution;
                        (B) attain financial self-sufficiency and upward
                    economic mobility for themselves and their family
                    members; and
                        (C) acquire English language skills and related
                    cultural knowledge necessary to effectively participate
                    in their community.
                (5) Linguistic integration.--The term ``linguistic
            integration'' means the acquisition, by limited English
            proficient individuals, of English language skills and related
            cultural knowledge necessary to meaningfully and effectively
            fulfill their roles as community members, family members, and
            workers.
                (6) Office.--The term ``Office'' means the Office of
            Citizenship and New Americans established in U.S. Citizenship
            and Immigration Services under section 2511.
                (7) Receiving communities.--The term ``receiving
            communities'' means the long-term residents of the communities
            in which immigrants settle.
                (8) Task force.--The term ``Task Force'' means the Task
            Force on New Americans established pursuant to section 2521.
                (9) USCF council.--The term ``USCF Council'' means the
            Council of Directors of the Foundation.

                    CHAPTER 1--CITIZENSHIP AND NEW AMERICANS

             Subchapter A--Office of Citizenship and New Americans

    SEC. 2511. OFFICE OF CITIZENSHIP AND NEW AMERICANS.

        (a) Renaming Office of Citizenship.--
                (1) In general.--Beginning on the date of the enactment of
            this Act, the Office of Citizenship in U.S. Citizenship and
            Immigration Services shall be referred to as the ``Office of
            Citizenship and New Americans''.
                (2) References.--Any reference in a law, regulation,
            document, paper, or other record of the United States to the
            Office of Citizenship in U.S. Citizenship and Immigration
            Services shall be deemed to be a reference to the Office of
            Citizenship and New Americans.
                (3) Technical and conforming amendments.--Section 451 of
            the Homeland Security Act of 2002 (6 U.S.C. 271) is amended--
                        (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.'';
                        (C) by striking ``the Bureau of'' each place such
                    terms appears and inserting ``U.S.''; and
                        (D) in subsection (f)--
                                (i) by amending the subsection heading to
                            read as follows: ``Office of Citizenship and
                            New Americans''; and
                                (ii) by striking paragraph (1) and
                            inserting the following:
                ``(1) Chief.--The Office of Citizenship and New Americans
            shall be within U.S. Citizenship and Immigration Services and
            shall be headed by the Chief of the Office of Citizenship and
            New Americans.''.
        (b) Functions.--Section 451(f) of such Act (6 U.S.C. 271(f)), as
    amended by subsection (a)(3)(D), is further amended by striking
    paragraph (2) and inserting the following:
                ``(2) Functions.--The Chief of the Office of Citizenship
            and New Americans shall--
                        ``(A) promote institutions and training on
                    citizenship responsibilities for aliens interested in
                    becoming naturalized citizens of the United States,
                    including the development of educational materials for
                    such aliens;
                        ``(B) provide general leadership, consultation, and
                    coordination of the immigrant integration programs
                    across the Federal Government and with State and local
                    entities;
                        ``(C) advise the Director of U.S. Citizenship and
                    Immigration Services, the Secretary of Homeland
                    Security, and the Domestic Policy Council on--
                                ``(i) the challenges and opportunities
                            relating to the linguistic, economic, and civic
                            integration of immigrants and their young
                            children and progress in meeting integration
                            goals and indicators; and
                                ``(ii) immigrant integration considerations
                            relating to Federal budgets;
                        ``(D) establish national goals for introducing new
                    immigrants into the United States and measure the
                    degree to which such goals are met;
                        ``(E) evaluate the scale, quality, and
                    effectiveness of Federal Government efforts in
                    immigrant integration and provide advice on appropriate
                    actions;
                        ``(F) identify the integration implications of new
                    or proposed immigration policies and provide
                    recommendations for addressing such implications;
                        ``(G) continue the efforts of the Task Force on New
                    Americans established by Executive Order 13404 (71 Fed.
                    Reg. 33593);
                        ``(H) serve as a liaison and intermediary with
                    State and local governments and other entities to
                    assist in establishing local goals, task forces, and
                    councils to assist in--
                                ``(i) introducing immigrants into the
                            United States; and
                                ``(ii) promoting citizenship education and
                            awareness among aliens interested in becoming
                            naturalized citizens of the United States;
                        ``(I) coordinate with other Federal agencies to
                    provide information to State and local governments on
                    the demand for existing Federal and State English
                    acquisition and citizenship education programs and best
                    practices for immigrants who recently arrived in the
                    United States;
                        ``(J) assist States in coordinating the activities
                    of the grant programs authorized under sections 2537
                    and 2538 of the Border Security, Economic Opportunity,
                    and Immigration Modernization Act;
                        ``(K) submit a biennial report to the appropriate
                    congressional committees that describes the activities
                    of the Office of Citizenship and New Americans; and
                        ``(L) carry out such other functions and activities
                    as Secretary may assign.''.
        (c) Effective Date.--The amendments made by subsections (a) and (b)
    shall take effect on the date that is 1 year after the date of the
    enactment of this Act.

                   Subchapter B--Task Force on New Americans

    SEC. 2521. ESTABLISHMENT.

        (a) In General.--The Secretary shall establish a Task Force on New
    Americans.
        (b) Fully Functional.--The Task Force shall be fully functional not
    later than 18 months after the date of the enactment of this Act.

    SEC. 2522. PURPOSE.

        The purposes of the Task Force are--
                (1) to establish a coordinated Federal program and policy
            response to immigrant integration issues; and
                (2) to advise and assist the Secretary in identifying and
            fostering policies to carry out the policies and goals
            established under this chapter.

    SEC. 2523. MEMBERSHIP.

        (a) In General.--The Task Force shall be comprised of--
                (1) the Secretary, who shall serve as Chair of the Task
            Force;
                (2) the Secretary of the Treasury;
                (3) the Attorney General;
                (4) the Secretary of Commerce;
                (5) the Secretary of Labor;
                (6) the Secretary of Health and Human Services;
                (7) the Secretary of Housing and Urban Development;
                (8) the Secretary of Transportation;
                (9) the Secretary of Education;
                (10) the Director of the Office of Management and Budget;
                (11) the Administrator of the Small Business
            Administration;
                (12) the Director of the Domestic Policy Council; and
                (13) the Director of the National Economic Council.
        (b) Delegation.--A member of the Task Force may delegate a senior
    official, at the Assistant Secretary, Deputy Administrator, Deputy
    Director, or Assistant Attorney General level to perform the functions
    of a Task Force member described in section 2524.

    SEC. 2524. FUNCTIONS.

        (a) Meetings; Functions.--The Task Force shall--
                (1) meet at the call of the Chair; and
                (2) perform such functions as the Secretary may prescribe.
        (b) Coordinated Response.--The Task Force shall work with executive
    branch agencies--
                (1) to provide a coordinated Federal response to issues
            that impact the lives of new immigrants and receiving
            communities, including--
                        (A) access to youth and adult education
                    programming;
                        (B) workforce training;
                        (C) health care policy;
                        (D) access to naturalization; and
                        (E) community development challenges; and
                (2) to ensure that Federal programs and policies adequately
            address such impacts.
        (c) Liaisons.--Members of the Task Force shall serve as liaisons to
    their respective agencies to ensure the quality and timeliness of their
    agency's participation in activities of the Task Force, including--
                (1) creating integration goals and indicators;
                (2) implementing the biannual consultation process with the
            agency's State and local counterparts; and
                (3) reporting on agency data collection, policy, and
            program efforts relating to achieving the goals and indicators
            referred to in paragraph (1).
        (d) Recommendations.--Not later than 18 months after the end of the
    period specified in section 2521(b), the Task Force shall--
                (1) provide recommendations to the Domestic Policy Council
            and the Secretary on the effects of pending legislation and
            executive branch policy proposals;
                (2) suggest changes to Federal programs or policies to
            address issues of special importance to new immigrants and
            receiving communities;
                (3) review and recommend changes to policies that have a
            distinct impact on new immigrants and receiving communities;
            and
                (4) assist in the development of legislative and policy
            proposals of special importance to new immigrants and receiving
            communities.

                     CHAPTER 2--PUBLIC-PRIVATE PARTNERSHIP

    SEC. 2531. ESTABLISHMENT OF UNITED STATES CITIZENSHIP FOUNDATION.

        The Secretary, acting through the Director of U.S. Citizenship and
    Immigration Services, is authorized to establish a nonprofit
    corporation, which shall be known as the ``United States Citizenship
    Foundation''.

    SEC. 2532. FUNDING.

        (a) Gifts to Foundation.--In order to carry out the purposes set
    forth in section 2533, the Foundation may--
                (1) solicit, accept, and make gifts of money and other
            property in accordance with section 501(c)(3) of the Internal
            Revenue Code of 1986;
                (2) engage in coordinated work with the Department,
            including the Office and U.S. Citizenship and Immigration
            Services; and
                (3) accept, hold, administer, invest, and spend any gift,
            devise, or bequest of real or personal property made to the
            Foundation.
        (b) Gifts to Office of Citizenship and New Americans.--The Office
    may accept gifts from the Foundation to support the functions of the
    Office.

    SEC. 2533. PURPOSES.

        The purposes of the Foundation are--
                (1) to expand citizenship preparation programs for
            permanent residents;
                (2) to provide direct assistance for aliens seeking
            provisional immigrant status, legal permanent resident status,
            or naturalization as a United States citizen; and
                (3) to coordinate immigrant integration with State and
            local entities.

    SEC. 2534. AUTHORIZED ACTIVITIES.

        The Foundation shall carry out its purpose by--
                (1) making United States citizenship instruction and
            naturalization application services accessible to low-income
            and other underserved permanent resident populations;
                (2) developing, identifying, and sharing best practices in
            United States citizenship preparation;
                (3) supporting innovative and creative solutions to
            barriers faced by those seeking naturalization;
                (4) increasing the use of, and access to, technology in
            United States citizenship preparation programs;
                (5) engaging receiving communities in the United States
            citizenship and civic integration process;
                (6) administering the New Citizens Award Program to
            recognize, in each calendar year, not more than 10 United
            States citizens who--
                        (A) have made outstanding contributions to the
                    United States; and
                        (B) have been naturalized during the 10-year period
                    ending on the date of such recognition;
                (7) fostering public education and awareness;
                (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 of Directors,
    which shall be comprised of--
                (1) the Director of U.S. Citizenship and Immigration
            Services;
                (2) the Chief of the Office of Citizenship and New
            Americans; and
                (3) 10 directors, appointed by the ex-officio directors
            designated in paragraphs (1) and (2), from national community-
            based organizations that promote and assist permanent residents
            with naturalization.
        (b) Appointment of Executive Director.--The USCF Council shall
    appoint an Executive Director, who shall oversee the day-to-day
    operations of the Foundation.

    SEC. 2536. POWERS.

        The Executive Director is authorized to carry out the purposes set
    forth in section 2533 on behalf of the Foundation by--
                (1) accepting, holding, administering, investing, and
            spending any gift, devise, or bequest of real or personal
            property made to the Foundation;
                (2) entering into contracts and other financial assistance
            agreements with individuals, public or private organizations,
            professional societies, and government agencies to carry out
            the functions of the Foundation;
                (3) entering into such other contracts, leases, cooperative
            agreements, and other transactions as the Executive Director
            considers appropriate to carry out the activities of the
            Foundation; and
                (4) charging such fees for professional services furnished
            by the Foundation as the Executive Director determines
            reasonable and appropriate.

    SEC. 2537. INITIAL ENTRY, ADJUSTMENT, AND CITIZENSHIP ASSISTANCE GRANT
                  PROGRAM.

        (a) Authorization.--The Secretary, acting through the Director of
    U.S. Citizenship and Immigration Services, may award Initial Entry,
    Adjustment, and Citizenship Assistance grants to eligible public or
    private, nonprofit organizations.
        (b) Use of Grant Funds.--IEACA grants shall be used for the design
    and implementation of programs that provide direct assistance, within
    the scope of the authorized practice of immigration law--
                (1) to aliens who are preparing an initial application for
            registered provisional immigrant status under section 245B of
            the Immigration and Nationality Act, as added by section 2101
            of this Act, including assisting applicants in--
                        (A) screening to assess prospective applicants'
                    potential eligibility or lack of eligibility;
                        (B) completing applications;
                        (C) gathering proof of identification, employment,
                    residence, and tax payment;
                        (D) gathering proof of relationships of eligible
                    family members;
                        (E) applying for any waivers for which applicants
                    and qualifying family members may be eligible; and
                        (F) any other assistance that the Secretary or
                    grantee considers useful to aliens who are interested
                    in applying for registered provisional immigrant
                    status;
                (2) to aliens seeking to adjust their status under
            section2211 or 2212 of this Act or section 245, 245B, or 245C
            of the Immigration and Nationality Act;
                (3) to legal permanent residents seeking to become
            naturalized United States citizens; and
                (4) to applicants on--
                        (A) the rights and responsibilities of United
                    States citizenship;
                        (B) civics-based English as a second language;
                        (C) civics, with a special emphasis on common
                    values and traditions of Americans, including an
                    understanding of the history of the United States and
                    the principles of the Constitution; and
                        (D) applying for United States citizenship.

    SEC. 2538. PILOT PROGRAM TO PROMOTE IMMIGRANT INTEGRATION AT STATE AND
                  LOCAL LEVELS.

        (a) Grants Authorized.--The Chief shall establish a pilot program
    through which the Chief may award grants, on a competitive basis, to
    States and local governments or other qualifying entities, in
    collaboration with State and local governments --
                (1) to establish New Immigrant Councils to carry out
            programs to integrate new immigrants; or
                (2) to carry out programs to integrate new immigrants.
        (b) Application.--A State or local government desiring a grant
    under this section shall submit an application to the Chief at such
    time, in such manner, and containing such information as the Chief may
    reasonably require, including--
                (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
                (3) a description of the challenges in introducing and
            integrating new immigrants into the State or local community.
        (c) Priority.--In awarding grants under this section, the Chief
    shall give priority to States and local governments or other qualifying
    entities that--
                (1) use matching funds from non-Federal sources, which may
            include in-kind contributions;
                (2) demonstrate collaboration with public and private
            entities to achieve the goals of the comprehensive plan
            developed pursuant to subsection (d)(3);
                (3) are 1 of the 10 States with the highest rate of
            foreign-born residents; or
                (4) have experienced a large increase in the population of
            immigrants during the most recent 10-year period relative to
            past migration patterns, based on data compiled by the Office
            of Immigration Statistics or the United States Census Bureau.
        (d) Authorized Activities.--A grant awarded under this subsection
    may be used--
                (1) to form a New Immigrant Council, which shall--
                        (A) consist of between 15 and 19 individuals,
                    inclusive, from the State, local government, or
                    qualifying organization;
                        (B) include, to the extent practicable,
                    representatives from--
                                (i) business;
                                (ii) faith-based organizations;
                                (iii) civic organizations;
                                (iv) philanthropic organizations;
                                (v) nonprofit organizations, including
                            those with experience working with immigrant
                            communities;
                                (vi) key education stakeholders, such as
                            State educational agencies, local educational
                            agencies, community colleges, and teachers;
                                (vii) State adult education offices;
                                (viii) State or local public libraries; and
                                (ix) State or local governments; and
                        (C) meet not less frequently than once each
                    quarter;
                (2) to provide subgrants to local communities, city
            governments, municipalities, nonprofit organizations (including
            veterans' and patriotic organizations) or other qualifying
            entities;
                (3) to develop, implement, expand, or enhance a
            comprehensive plan to introduce and integrate new immigrants
            into the State by--
                        (A) improving English language skills;
                        (B) engaging caretakers with limited English
                    proficiency in their child's education through
                    interactive parent and child literacy activities;
                        (C) improving and expanding access to workforce
                    training programs;
                        (D) teaching United States history, civics
                    education, citizenship rights, and responsibilities;
                        (E) promoting an understanding of the form of
                    government and history of the United States and the
                    principles of the Constitution;
                        (F) improving financial literacy; and
                        (G) focusing on other key areas of importance to
                    integration in our society; and
                (4) to engage receiving communities in the citizenship and
            civic integration process by--
                        (A) increasing local service capacity;
                        (B) building meaningful connections between newer
                    immigrants and long-time residents;
                        (C) communicating the contributions of receiving
                    communities and new immigrants; and
                        (D) engaging leaders from all sectors of the
                    community.
        (e) Reporting and Evaluation.--
                (1) Annual report.--Each grant recipient shall submit an
            annual report to the Office that describes--
                        (A) the activities undertaken by the grant
                    recipient, including how such activities meet the goals
                    of the Office, the Foundation, and the comprehensive
                    plan described in subsection (d)(3);
                        (B) the geographic areas being served;
                        (C) the number of immigrants in such areas; and
                        (D) the primary languages spoken in such areas.
                (2) Annual evaluation.--The Chief shall conduct an annual
            evaluation of the grant program established under this
            section--
                        (A) to assess and improve the effectiveness of such
                    grant program;
                        (B) to assess the future needs of immigrants and of
                    State and local governments related to immigrants; and
                        (C) to ensure that grantees recipients and
                    subgrantees are acting within the scope and purpose of
                    this subchapter.

    SEC. 2539. NATURALIZATION CEREMONIES.

        (a) In General.--The Chief, in consultation with the Director of
    the National Park Service, the Archivist of the United States, and
    other appropriate Federal officials, shall develop and implement a
    strategy to enhance the public awareness of naturalization ceremonies.
        (b) Venues.--In developing the strategy under subsection (a), the
    Secretary shall consider the use of outstanding and historic locations
    as venues for select naturalization ceremonies.
        (c) Reporting Requirement.--The Secretary shall annually submit a
    report to Congress that contains--
                (1) the content of the strategy developed under subsection
            (a); and
                (2) the progress made towards the implementation of such
            strategy.

                               CHAPTER 3--FUNDING

    SEC. 2541. AUTHORIZATION OF APPROPRIATIONS.

        (a) Office of Citizenship and New Americans.--In addition to any
    amounts otherwise made available to the Office, there are authorized to
    be appropriated to carry out the functions described in section
    451(f)(2) of the Homeland Security Act of 2002 (6 U.S.C. 271(f)(2)), as
    amended by section 2511(b)--
                (1) $10,000,000 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.
        (b) Grant Programs.--There are authorized to be appropriated to
    implement the grant programs authorized under sections 2537 and 2538,
    and to implement the strategy under section 2539--
                (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.

                  CHAPTER 4--REDUCE BARRIERS TO NATURALIZATION

    SEC. 2551. WAIVER OF ENGLISH REQUIREMENT FOR SENIOR NEW AMERICANS.

        Section 312 (8 U.S.C. 1423) is amended by striking subsection (b)
    and inserting the following:
        ``(b) The requirements under subsection (a) shall not apply to any
    person who--
                ``(1) is unable to comply with such requirements because of
            physical or developmental disability or mental impairment; or
                ``(2) on the date on which the person's application for
            naturalization is filed under section 334--
                        ``(A) is older than 65 years of age; and
                        ``(B) has been living in the United States for
                    periods totaling at least 5 years after being lawfully
                    admitted for permanent residence.
        ``(c) The requirement under subsection (a)(1) shall not apply to
    any person who, on the date on which the person's application for
    naturalization is filed under section 334--
                ``(1) is older than 50 years of age and has been living in
            the United States for periods totaling at least 20 years after
            being lawfully admitted for permanent residence;
                ``(2) is older than 55 years of age and has been living in
            the United States for periods totaling at least 15 years after
            being lawfully admitted for permanent residence; or
                ``(3) is older than 60 years of age and has been living in
            the United States for periods totaling at least 10 years after
            being lawfully admitted for permanent residence.
        ``(d) The Secretary of Homeland Security may waive, on a case-by-
    case basis, the requirement under subsection (a)(2) on behalf of any
    person who, on the date on which the person's application for
    naturalization is filed under section 334--
                ``(1) is older than 60 years of age; and
                ``(2) has been living in the United States for periods
            totaling at least 10 years after being lawfully admitted for
            permanent residence.''.

    SEC. 2552. FILING OF APPLICATIONS NOT REQUIRING REGULAR INTERNET
                  ACCESS.

        (a) Electronic Filing Not Required.--
                (1) In general.--The Secretary may not require that an
            applicant or petitioner for permanent residence or citizenship
            of the United States use an electronic method to file any
            application, or access to a customer account.
                (2) Sunset date.--This subsection shall cease to be
            effective on October 1, 2020.
        (b) Notification Requirement.--Beginning on October 1, 2020, the
    Secretary may not require that an applicant or petitioner for permanent
    residence or citizenship of the United States use an electronic method
    to file any application, or access to a customer account unless the
    Secretary notifies the Committee on Homeland Security and Governmental
    Affairs of the Senate and the Committee on Homeland Security of the
    House of Representatives of such requirement not later than 30 days
    before the effective date of such requirement.

                        TITLE III--INTERIOR ENFORCEMENT

                   Subtitle A--Employment Verification System

    SEC. 3101. UNLAWFUL EMPLOYMENT OF UNAUTHORIZED ALIENS.

        (a) In General.--Section 274A (8 U.S.C. 1324a) is amended to read
    as follows:

    ``SEC. 274A. UNLAWFUL EMPLOYMENT OF ALIENS.

        ``(a) Making Employment of Unauthorized Aliens Unlawful.--
                ``(1) In general.--It is unlawful for an employer--
                        ``(A) to hire, recruit, or refer for a fee an alien
                    for employment in the United States knowing that the
                    alien is an unauthorized alien with respect to such
                    employment; or
                        ``(B) to hire, recruit, or refer for a fee for
                    employment in the United States an individual without
                    complying with the requirements under subsections (c)
                    and (d).
                ``(2) Continuing employment.--
                        ``(A) Prohibition on continued employment of
                    unauthorized aliens.--It is unlawful for an employer,
                    after hiring an alien for employment, to continue to
                    employ the alien in the United States knowing that the
                    alien is (or has become) an unauthorized alien with
                    respect to such employment.
                        ``(B) Prohibition on consideration of previous
                    unauthorized status.--Nothing in this section may be
                    construed to prohibit the employment of an individual
                    who is authorized for employment in the United States
                    if such individual was previously an unauthorized
                    alien.
                ``(3) Use of labor through contract.--For purposes of this
            section, any employer that uses a contract, subcontract, or
            exchange to obtain the labor of an alien in the United States
            while knowing that the alien is an unauthorized alien with
            respect to performing such labor shall be considered to have
            hired the alien for employment in the United States in
            violation of paragraph (1)(A).
                ``(4) Use of state employment agency documentation.--For
            purposes of paragraphs (1)(B), (5), and (6), an employer shall
            be deemed to have complied with the requirements under
            subsection (c) with respect to the hiring of an individual who
            was referred for such employment by a State employment agency
            (as defined by the Secretary) if the employer has and retains
            (for the period and in the manner described in subsection
            (c)(3)) appropriate documentation of such referral by such
            agency, certifying that such agency has complied with the
            procedures described in subsection (c) with respect to the
            individual's referral. An employer that relies on a State
            agency's certification of compliance with subsection (c) under
            this paragraph may utilize and retain the State agency's
            certification of compliance with the procedures described in
            subsection (d), if any, in the manner provided under this
            paragraph.
                ``(5) Good faith defense.--
                        ``(A) Defense.--An employer, person, or entity that
                    hires, employs, recruits, or refers individuals for
                    employment in the United States, or is otherwise
                    obligated to comply with the requirements under this
                    section and establishes good faith compliance with the
                    requirements under paragraphs (1) through (4) of
                    subsection (c) and subsection (d)--
                                ``(i) has established an affirmative
                            defense that the employer, person, or entity
                            has not violated paragraph (1)(A) with respect
                            to hiring and employing; and
                                ``(ii) has established compliance with its
                            obligations under subparagraph (A) and (B) of
                            paragraph (1) and subsection (c) unless the
                            Secretary demonstrates that the employer had
                            knowledge that an individuals hired, employed,
                            recruited, or referred by the employer, person,
                            or entity is an authorized alien.
                        ``(B) Failure to obtain verification.--An employer
                    that has made the inquiry under subsection (d) with
                    respect to an individual, but has not received an
                    appropriate verification of the identity and work
                    eligibility of such individual from the System within
                    the time period specified in subsection (d)(4)(C) may
                    retain the defense under subparagraph (A) if the
                    employer timely records in the System the reasons the
                    employer continues to employ the individual.
                        ``(C) Exception for certain employers.--An employer
                    who is not required to participate in the System or who
                    is participating in the System on a voluntary basis
                    pursuant to subsection (d)(2)(I) has established an
                    affirmative defense under subparagraph (A) and need not
                    demonstrate compliance with the requirements under
                    subsection (d).
                ``(6) Good faith compliance.--
                        ``(A) In general.--Except as otherwise provided in
                    this subsection, an employer, person, or entity is
                    considered to have complied with a requirement under
                    this subsection notwithstanding a technical or
                    procedural failure to meet such requirement if there
                    was a good faith attempt to comply with the
                    requirement.
                        ``(B) Exception if failure to correct after
                    notice.--Subparagraph (A) shall not apply if--
                                ``(i) the failure is not de minimis;
                                ``(ii) the Secretary of Homeland Security
                            has explained to the employer, person, or
                            entity the basis for the failure and why it is
                            not de minimis;
                                ``(iii) the employer, person, or entity has
                            been provided a period of not less than 30 days
                            (beginning after the date of the explanation)
                            to correct the failure; and
                                ``(iv) the employer, person, or entity has
                            not corrected the failure voluntarily within
                            such period.
                        ``(C) Exception for pattern or practice
                    violators.--Subparagraph (A) shall not apply to an
                    employer, person, or entity that has engaged or is
                    engaging in a pattern or practice of violations of
                    paragraph (1)(A) or (2).
                ``(7) Presumption.--After the date on which an employer is
            required to participate in the System under subsection (d), the
            employer is presumed to have acted with knowledge for purposes
            of paragraph (1)(A) if the employer hires, employs, recruits,
            or refers an employee and fails to make an inquiry to verify
            the employment authorization status of the employee through the
            System.
                ``(8) Continued application of workforce and labor
            protection remedies despite unauthorized employment.--An
            employer may not deny an employee back pay or any other remedy
            provided under any Federal, State, or local law relating to
            workplace rights, and a court may not prohibit an employee from
            pursuing other causes of action giving rise to liability,
            except any reinstatement remedy prohibited by Federal law, on
            account of the employee's status as an unauthorized alien,
            either during or after the period of employment by the
            employer.
                ``(9) Availability of reinstatement and relief.--
            Reinstatement and all other appropriate relief shall be
            available to individuals who--
                        ``(A) are lawfully present in the United States at
                    the time such relief is requested; and
                        ``(B) lost employment authorized status due to the
                    unlawful acts of the employer and for whom
                    reinstatement would restore such status.
        ``(b) Definitions.--In this section:
                ``(1) Commissioner.--The term `Commissioner' means the
            Commissioner of Social Security.
                ``(2) Department.--Except as otherwise provided, the term
            `Department' means the Department of Homeland Security.
                ``(3) Employer.--The term `employer' means any person or
            entity, including an agency or department of a Federal, State,
            or local government, an agent, or a System service provider,
            that hires, employs, recruits, or refers for a fee an
            individual for employment in the United States that is not
            casual, sporadic, irregular, or intermittent (as defined by the
            Secretary).
                ``(4) Employment authorized status.--The term `employment
            authorized status' means, with respect to an individual, that
            the individual is authorized to be employed in the United
            States under the immigration laws of the United States.
                ``(5) Secretary.--Except as otherwise specifically
            provided, the term `Secretary' means the Secretary of Homeland
            Security.
                ``(6) System.--The term `System' means the Employment
            Verification System established under subsection (d).
                ``(7) Unauthorized alien.--The term `unauthorized alien'
            means an alien who, with respect to employment in the United
            States at a particular time--
                        ``(A) is not lawfully admitted for permanent
                    residence; or
                        ``(B) is not authorized to be employed under this
                    Act or by the Secretary.
                ``(8) Workplace rights.--The term `workplace rights' means
            rights guaranteed under Federal, State, or local labor or
            employment laws, including laws concerning wages and hours,
            benefits and employment standards, labor relations, workplace
            health and safety, work-related injuries, nondiscrimination,
            and retaliation for exercising rights under such laws.
        ``(c) Document Verification Requirements.--Any employer hiring an
    individual for employment in the United States shall comply with the
    following requirements and the requirements under subsection (d) to
    verify that the individual has employment authorized status:
                ``(1) Attestation after examination of documentation.--
                        ``(A) In general.--
                                ``(i) Examination by employer.--An employer
                            shall attest, under penalty of perjury on a
                            form prescribed by the Secretary, that the
                            employer has verified the identity and
                            employment authorization status of the
                            individual--
                                        ``(I) by examining--
                                                ``(aa) a document specified
                                            in subparagraph (C); or
                                                ``(bb) a document specified
                                            in subparagraph (D) and a
                                            document specified in
                                            subparagraph (E); and
                                        ``(II) by utilizing an identity
                                    authentication mechanism described in
                                    clause (iii) or (iv) of subparagraph
                                    (F).
                                ``(ii) Publication of documents.--The
                            Secretary shall publish a picture of each
                            document specified in subparagraphs (C) and (E)
                            on the U.S. Citizenship and Immigration
                            Services' website.
                        ``(B) Requirements.--
                                ``(i) Form.--The form referred to in
                            subparagraph (A)(i)--
                                        ``(I) shall be prescribed by the
                                    Secretary not later than 6 months after
                                    the date of the enactment of the Border
                                    Security, Economic Opportunity, and
                                    Immigration Modernization Act;
                                        ``(II) shall be available as--
                                                ``(aa) a paper form;
                                                ``(bb) a form that may be
                                            completed by an employer via
                                            telephone;
                                                ``(cc) an electronic form;
                                            or
                                                ``(dd) a form that is
                                            integrated electronically with
                                            the requirements under
                                            subsection (d).
                                ``(ii) Attestation.--Each such form shall
                            require the employer to sign an attestation
                            with a handwritten, electronic, or digital pin
                            code signature, according to standards
                            prescribed by the Secretary.
                                ``(iii) Compliance.--An employer has
                            complied with the requirements under this
                            paragraph with respect to examination of the
                            documents included in subclauses (I) and (II)
                            of subparagraph (A)(i) if--
                                        ``(I) the employer has, in good
                                    faith, followed applicable regulations
                                    and any written procedures or
                                    instructions provided by the Secretary;
                                    and
                                        ``(II) a reasonable person would
                                    conclude that the documentation is
                                    genuine and relates to the individual
                                    presenting such documentation.
                        ``(C) Documents establishing identity and
                    employment authorized status.--A document is specified
                    in this subparagraph if the document is unexpired
                    (unless the validity of the document is extended by
                    law) and is 1 of the following:
                                ``(i) A United States passport or passport
                            card issued to an individual pursuant to the
                            Secretary of State's authority under the Act
                            entitled `An Act to regulate the issue and
                            validity of passports, and for other purposes',
                            approved July 3, 1926 (22 U.S.C. 211a).
                                ``(ii) A document issued to an alien
                            evidencing that the alien is lawfully admitted
                            for permanent residence or another document
                            issued to an individual evidencing the
                            individual's employment authorized status, as
                            designated by the Secretary, if the document--
                                        ``(I) contains a photograph of the
                                    individual, or such other personal
                                    identifying information relating to the
                                    individual as the Secretary determines,
                                    by regulation, to be sufficient for the
                                    purposes of this subparagraph;
                                        ``(II) is evidence of employment
                                    authorized status; and
                                        ``(III) contains security features
                                    to make the document resistant to
                                    tampering, counterfeiting, and
                                    fraudulent use.
                                ``(iii) An enhanced driver's license or
                            identification card issued to a national of the
                            United States by a State or a federally
                            recognized Indian tribe that--
                                        ``(I) meets the requirements under
                                    section 202 of the REAL ID Act of 2005
                                    (division B of Public Law 109-13; 49
                                    U.S.C. 30301 note); and
                                        ``(II) the Secretary has certified
                                    by notice published in the Federal
                                    Register and through appropriate notice
                                    directly to employers registered in the
                                    System 3 months prior to publication
                                    that such enhanced license or card is
                                    suitable for use under this
                                    subparagraph based upon the accuracy
                                    and security of the issuance process,
                                    security features on the document, and
                                    such other factors as the Secretary may
                                    prescribe.
                                ``(iv) A passport issued by the appropriate
                            authority of a foreign country accompanied by a
                            Form I-94 or Form I-94A (or similar successor
                            form), or other documentation as designated by
                            the Secretary that specifies the individual's
                            status in the United States and the duration of
                            such status if the proposed employment is not
                            in conflict with any restriction or limitation
                            specified on such form or documentation.
                                ``(v) A passport issued by the Federated
                            States of Micronesia or the Republic of the
                            Marshall Islands with evidence of nonimmigrant
                            admission to the United States under the
                            Compact of Free Association between the United
                            States and the Federated States of Micronesia
                            or the Republic of the Marshall Islands.
                        ``(D) Documents establishing identity of
                    individual.--A document is specified in this
                    subparagraph if the document is unexpired (unless the
                    validity of the document is extended by law) and is 1
                    of the following:
                                ``(i) A driver's license or identity card
                            that is not described in subparagraph (C)(iii)
                            and is issued to an individual by a State or an
                            outlying possession of the United States, a
                            federally recognized Indian tribe, or an agency
                            (including military) of the Federal Government
                            if the driver's license or identity card
                            includes, at a minimum--
                                        ``(I) the individual's photograph,
                                    name, date of birth, gender, and
                                    driver's license or identification card
                                    number, and
                                        ``(II) security features to make
                                    the license or card resistant to
                                    tampering, counterfeiting, and
                                    fraudulent use.
                                ``(ii) A voter registration card.
                                ``(iii) A document that complies with the
                            requirements under section 7209(b)(1) of the
                            Intelligence Reform and Terrorism Prevention
                            Act of 2004 (Public Law 108-458; 8 U.S.C. 1185
                            note).
                                ``(iv) For individuals under 18 years of
                            age who are unable to present a document listed
                            in clause (i) or (ii), documentation of
                            personal identity of such other type as the
                            Secretary determines will provide a reliable
                            means of identification, which may include an
                            attestation as to the individual's identity by
                            a person 21 years of age or older under penalty
                            of perjury.
                        ``(E) Documents evidencing employment
                    authorization.--A document is specified in this
                    subparagraph if the document is unexpired (unless the
                    validity of the document is extended by law) and is 1
                    of the following:
                                ``(i) A social security account number card
                            issued by the Commissioner, other than a card
                            which specifies on its face that the card is
                            not valid to evidence employment authorized
                            status or has other similar words of
                            limitation.
                                ``(ii) Any other documentation evidencing
                            employment authorized status that the Secretary
                            determines and publishes in the Federal
                            Register and through appropriate notice
                            directly to employers registered within the
                            System to be acceptable for purposes of this
                            subparagraph if such documentation, including
                            any electronic security measures linked to such
                            documentation, contains security features to
                            make such documentation resistant to tampering,
                            counterfeiting, and fraudulent use.
                        ``(F) Identity authentication mechanism.--
                                ``(i) Definitions.--In this subparagraph:
                                        ``(I) Covered identity document.--
                                    The term `covered identity document'
                                    means a valid--
                                                ``(aa) United States
                                            passport, passport card, or a
                                            document evidencing lawful
                                            permanent residence status or
                                            employment authorized status
                                            issued to an alien;
                                                ``(bb) enhanced driver's
                                            license or identity card issued
                                            by a participating State; or
                                                ``(cc) photograph and
                                            appropriate identifying
                                            information provided by the
                                            Secretary of State pursuant to
                                            the granting of a visa.
                                        ``(II) Participating state.--The
                                    term `participating State' means a
                                    State that has an agreement with the
                                    Secretary to provide the Secretary, for
                                    purposes of identity verification in
                                    the System, with photographs and
                                    appropriate identifying information
                                    maintained by the State.
                                ``(ii) Requirement for identity
                            authentication.--In addition to verifying the
                            documents specified in subparagraph (C), (D),
                            or (E) and utilizing the System under
                            subsection (d), each employer shall use an
                            identity authentication mechanism described in
                            clause (iii) or provided in clause (iv) after
                            it becomes available to verify the identity of
                            each individual the employer seeks to hire.
                                ``(iii) Photo tool.--
                                        ``(I) Use requirement.--An employer
                                    seeking to hire an individual who has a
                                    covered identity document shall verify
                                    the identity of such individual using
                                    the photo tool described in subclause
                                    (II).
                                        ``(II) Development requirement.--
                                    The Secretary shall develop and
                                    maintain a photo tool that enables
                                    employers to match the photo on a
                                    covered identity document provided to
                                    the employer to a photo maintained by a
                                    U.S. Citizenship and Immigration
                                    Services database.
                                ``(iv) Additional security measures.--
                                        ``(I) Use requirement.--An employer
                                    seeking to hire an individual whose
                                    identity may not be verified using the
                                    photo tool described in clause (iii)
                                    shall verify the identity of such
                                    individual using the additional
                                    security measures described in
                                    subclause (II).
                                        ``(II) Development requirement.--
                                    The Secretary shall develop, after
                                    publication in the Federal Register and
                                    an opportunity for public comment,
                                    specific and effective additional
                                    security measures to adequately verify
                                    the identity of an individual whose
                                    identity may not be verified using the
                                    photo tool described in clause (iii).
                                    Such additional security measures--
                                                ``(aa) shall be kept up-to-
                                            date with technological
                                            advances; and
                                                ``(bb) shall provide a
                                            means of identity
                                            authentication in a manner that
                                            provides a high level of
                                            certainty as to the identity of
                                            such individual, using
                                            immigration and identifying
                                            information that may include
                                            review of identity documents or
                                            background screening
                                            verification techniques using
                                            publicly available information.
                        ``(G) Authority to prohibit use of certain
                    documents.--If the Secretary determines, after
                    publication in the Federal Register and an opportunity
                    for public commit, that any document or class of
                    documents specified in subparagraph (B), (C), or (D)
                    does not reliably establish identity or that employment
                    authorized status is being used fraudulently to an
                    unacceptable degree, the Secretary--
                                ``(i) may prohibit or restrict the use of
                            such document or class of documents for
                            purposes of this subsection; and
                                ``(ii) shall directly notify all employers
                            registered within the System of the prohibition
                            through appropriate means.
                        ``(H) Authority to allow use of certain
                    documents.--If the Secretary has determined that
                    another document or class of documents, such as a
                    document issued by a federally recognized Indian tribe,
                    may be used to reliably establish identity or
                    employment authorized status, the Secretary--
                                ``(i) may allow the use of that document or
                            class of documents for purposes of this
                            subsection after publication in the Federal
                            Register and an opportunity for public comment;
                                ``(ii) shall publish a description of any
                            such document or class of documents on the U.S.
                            Citizenship and Immigration Services' website;
                            and
                                ``(iii) shall directly notify all employers
                            registered within the System of the prohibition
                            through appropriate means.
                ``(2) Individual attestation of employment authorization.--
            An individual, upon commencing employment with an employer,
            shall--
                        ``(A) attest, under penalty of perjury, on the form
                    prescribed by the Secretary, that the individual is--
                                ``(i) a national of the United States;
                                ``(ii) an alien lawfully admitted for
                            permanent residence;
                                ``(iii) an alien who has employment
                            authorized status; or
                                ``(iv) otherwise authorized by the
                            Secretary to be hired for such employment;
                        ``(B) provide such attestation by a handwritten,
                    electronic, or digital pin code signature; and
                        ``(C) provide the individual's social security
                    account number to the Secretary, unless the individual
                    has not yet been issued such a number, on such form as
                    the Secretary may require.
                ``(3) Retention of verification record.--
                        ``(A) In general.--After completing a form for an
                    individual in accordance with paragraphs (1) and (2),
                    the employer shall retain a version of such completed
                    form and make such form available for inspection by the
                    Secretary or the Office of Special Counsel for
                    Immigration-Related Unfair Employment Practices of the
                    Department of Justice during the period beginning on
                    the hiring date of the individual and ending on the
                    later of--
                                ``(i) the date that is 3 years after such
                            hiring date; or
                                ``(ii) the date that is 1 year after the
                            date on which the individual's employment with
                            the employer is terminated.
                        ``(B) Requirement for electronic retention.--The
                    Secretary--
                                ``(i) shall permit an employer to retain
                            the form described in subparagraph (A) in
                            electronic form; and
                                ``(ii) may permit an employer to retain
                            such form in paper, microfiche, microfilm, or
                            other media.
                ``(4) Copying of documentation and recordkeeping.--The
            Secretary may promulgate regulations regarding--
                        ``(A) copying documents and related information
                    pertaining to employment verification presented by an
                    individual under this subsection; and
                        ``(B) retaining such information during a period
                    not to exceed the required retention period set forth
                    in paragraph (3).
                ``(5) Penalties.--An employer that fails to comply with any
            requirement under this subsection may be penalized under
            subsection (e)(4)(B).
                ``(6) Protection of civil rights.--
                        ``(A) In general.--Nothing in this section may be
                    construed to diminish any rights otherwise protected by
                    Federal law.
                        ``(B) Prohibition on discrimination.--An employer
                    shall use the procedures for document verification set
                    forth in this paragraph for all employees without
                    regard to race, color, religion, sex, national origin,
                    or, unless specifically permitted in this section, to
                    citizenship status.
                ``(7) Receipts.--The Secretary may authorize the use of
            receipts for replacement documents, and temporary evidence of
            employment authorization by an individual to meet a
            documentation requirement under this subsection on a temporary
            basis not to exceed 1 year, after which time the individual
            shall provide documentation sufficient to satisfy the
            documentation requirements under this subsection.
                ``(8) No authorization of national identification cards.--
            Nothing in this section may be construed to directly or
            indirectly authorize the issuance, use, or establishment of a
            national identification card.
        ``(d) Employment Verification System.--
                ``(1) In general.--
                        ``(A) Establishment.--The Secretary, in
                    consultation with the Commissioner, shall establish the
                    Employment Verification System.
                        ``(B) Monitoring.--The Secretary shall create the
                    necessary processes to monitor--
                                ``(i) the functioning of the System,
                            including the volume of the workflow, the speed
                            of processing of queries, the speed and
                            accuracy of responses;
                                ``(ii) the misuse of the System, including
                            the prevention of fraud or identity theft;
                                ``(iii) whether the use of the System
                            results in wrongful adverse actions or
                            discrimination based upon a prohibited factor
                            against nationals of the United States or
                            individuals who have employment authorized
                            status; and
                                ``(iv) the security, integrity, and privacy
                            of the System.
                        ``(C) Procedures.--The Secretary--
                                ``(i) shall create processes to provide an
                            individual with direct access to the
                            individual's case history in the System,
                            including--
                                        ``(I) the identities of all persons
                                    or entities that have queried the
                                    individual through the System;
                                        ``(II) the date of each such query;
                                    and
                                        ``(III) the System response for
                                    each such query; and
                                ``(ii) in consultation with the
                            Commissioner, may develop--
                                        ``(I) protocols to notify an
                                    individual, in a timely manner through
                                    the use of electronic correspondence or
                                    mail, that a query for the individual
                                    has been processed through the System;
                                    or
                                        ``(II) a process for the individual
                                    to submit additional queries to the
                                    System or notify the Secretary of
                                    potential identity fraud.
                ``(2) Participation requirements.--
                        ``(A) Federal government.--Except as provided in
                    clause (ii), all agencies and departments in the
                    executive, legislative, or judicial branches of the
                    Federal Government shall participate in the System
                    beginning on the earlier of--
                                ``(i) the date of the enactment of the
                            Border Security, Economic Opportunity, and
                            Immigration Modernization Act, to the extent
                            required under section 402(e)(1) of the Illegal
                            Immigration Reform and Immigrant Responsibility
                            Act of 1996 (division C of Public Law 104-208;
                            8 U.S.C. 1324a) and as already implemented by
                            each agency or department; or
                                ``(ii) the date that is 90 days after the
                            date of the enactment of the Border Security,
                            Economic Opportunity, and Immigration
                            Modernization Act.
                        ``(B) Federal contractors.--Federal contractors
                    shall participate in the System as provided in the
                    final rule relating to employment eligibility
                    verification published in the Federal Register on
                    November 14, 2008 (73 Fed. Reg. 67,651), or any similar
                    subsequent regulation, for which purpose references to
                    E-Verify in the final rule shall be construed to apply
                    to the System.
                        ``(C) Critical infrastructure.--
                                ``(i) In general.--Beginning on the date
                            that is 1 year after the date on which
                            regulations are published implementing this
                            subsection, the Secretary may authorize or
                            direct any employer, person, or entity
                            responsible for granting access to, protecting,
                            securing, operating, administering, or
                            regulating part of the critical infrastructure
                            (as defined in section 1016(e) of the Critical
                            Infrastructure Protection Act of 2001 (42
                            U.S.C. 5195c(e))) to participate in the System
                            to the extent the Secretary determines that
                            such participation will assist in the
                            protection of the critical infrastructure.
                                ``(ii) Notification to employers.--The
                            Secretary shall notify an employer required to
                            participate in the System under this
                            subparagraph not later than 90 days before the
                            date on which the employer is required to
                            participate.
                        ``(D) Employers with more than 5,000 employees.--
                    Not later than 2 years after regulations are published
                    implementing this subsection, all employers with more
                    than 5,000 employees shall participate in the System
                    with respect to all newly hired employees and employees
                    with expiring temporary employment authorization
                    documents.
                        ``(E) Employers with more than 500 employees.--Not
                    later than 3 years after regulations are published
                    implementing this subsection, all employers with more
                    than 500 employees shall participate in the System with
                    respect to all newly hired employees and employees with
                    expiring temporary employment authorization documents.
                        ``(F) Agricultural labor or services.--With respect
                    to an employee performing agricultural labor or
                    services (as defined for purposes of section
                    101(a)(15)(H)(ii)(a)), this paragraph shall not apply
                    with respect to the verification of the employee until
                    the date that is 4 years after the date of the
                    enactment of the Legal Workforce Act. An employee
                    described in this clause shall not be counted for
                    purposes of subparagraph (D) or (E).
                        ``(G) All employers.--Except as provided in
                    subparagraph (I), not later than 4 years after
                    regulations are published implementing this subsection,
                    all employers shall participate in the System with
                    respect to all newly hired employees and employees with
                    expiring temporary employment authorization documents.
                        ``(H) Tribal government employers.--
                                ``(i) Rulemaking.--In developing
                            regulations to implement this subsection, the
                            Secretary shall--
                                        ``(I) consider the effects of this
                                    section on federally recognized Indian
                                    tribes and tribal members; and
                                        ``(II) consult with the governments
                                    of federally recognized Indian tribes.
                                ``(ii) Required participation.--Not later
                            than 5 years after regulations are published
                            implementing this subsection, all employers
                            owned by, or entities of, the government of a
                            federally recognized Indian tribe shall
                            participate in the System with respect to all
                            newly hired employees with expiring temporary
                            employment authorization documents.
                        ``(I) Immigration law violators.--
                                ``(i) Orders finding violations.--An order
                            finding any employer to have violated this
                            section or section 274C may, in the Secretary's
                            discretion, require the employer to participate
                            in the System with respect to newly hired
                            employees and employees with expiring temporary
                            employment authorization documents, if such
                            employer is not otherwise required to
                            participate in the System under this section.
                            The Secretary shall monitor such employer's
                            compliance with System procedures.
                                ``(ii) Pattern or practice of violations.--
                            The Secretary may require an employer that is
                            required to participate in the System with
                            respect to newly hired employees to participate
                            in the System with respect to the employer's
                            current employees if the employer is determined
                            by the Secretary or other appropriate authority
                            to have engaged in a pattern or practice of
                            violations of the immigration laws of the
                            United States.
                        ``(J)  Voluntary participation.--The Secretary may
                    permit any employer that is not required to participate
                    in the System under this section to do so on a
                    voluntary basis.
                ``(3) Consequence of failure to participate.--
                        ``(A) In general.--Except as provided in
                    subparagraph (B), the failure, other than a de minimis
                    or inadvertent failure, of an employer that is required
                    to participate in the System to comply with the
                    requirements of the System with respect to an
                    individual--
                                ``(i) shall be treated as a violation of
                            subsection (a)(1)(B) with respect to that
                            individual; and
                                ``(ii) creates a rebuttable presumption
                            that the employer has violated paragraph (1)(A)
                            or (2) of subsection (a).
                        ``(B) Exception.--
                                ``(i) In general.--Subparagraph (A) shall
                            not apply in a criminal prosecution.
                                ``(ii) Use as evidence.--Nothing in this
                            paragraph may be construed to limit the use in
                            the prosecution of a Federal crime, in a manner
                            otherwise consistent with Federal criminal law
                            and procedure, of evidence relating to the
                            employer's failure to comply with requirements
                            of the System.
                ``(4) Procedures for participants in the system.--
                        ``(A) In general.--An employer participating in the
                    System shall register such participation with the
                    Secretary and, when hiring any individual for
                    employment in the United States, shall comply with the
                    following:
                                ``(i) Registration of employers.--The
                            Secretary, through notice in the Federal
                            Register, shall prescribe procedures that
                            employers shall be required to follow to
                            register with the System.
                                ``(ii) Updating information.--The employer
                            is responsible for providing notice of any
                            change to the information required under
                            subclauses (I), (II), and (III) of clause (v)
                            before conducting any further inquiries within
                            the System, or on such other schedule as the
                            Secretary may prescribe.
                                ``(iii) Training.--The Secretary shall
                            require employers to undergo such training as
                            the Secretary determines to be necessary to
                            ensure proper use, protection of civil rights
                            and civil liberties, privacy, integrity, and
                            security of the System. To the extent
                            practicable, such training shall be made
                            available electronically on the U.S.
                            Citizenship and Immigration Services' website.
                                ``(iv) Notification to employees.--The
                            employer shall inform individuals hired for
                            employment that the System--
                                        ``(I) will be used by the employer;
                                        ``(II) may be used for immigration
                                    enforcement purposes; and
                                        ``(III) may not be used to
                                    discriminate or to take adverse action
                                    against a national of the United States
                                    or an alien who has employment
                                    authorized status.
                                ``(v) Provision of additional
                            information.--The employer shall obtain from
                            the individual (and the individual shall
                            provide) and shall record in such manner as the
                            Secretary may specify--
                                        ``(I) the individual's social
                                    security account number;
                                        ``(II) if the individual does not
                                    attest to United States citizenship or
                                    noncitizen nationality under subsection
                                    (c)(2), such identification or
                                    authorization number established by the
                                    Department as the Secretary shall
                                    specify; and
                                        ``(III) such other information as
                                    the Secretary may require to determine
                                    the identity and employment
                                    authorization of an individual.
                                ``(vi) Presentation of documentation.--The
                            employer, and the individual whose identity and
                            employment authorized status are being
                            confirmed, shall fulfill the requirements under
                            subsection (c).
                        ``(B) Seeking confirmation.--
                                ``(i) In general.--An employer shall use
                            the System to confirm the identity and
                            employment authorized status of any individual
                            during--
                                        ``(I) the period beginning on the
                                    date on which the individual accepts an
                                    offer of employment and ending 3
                                    business days after the date on which
                                    employment begins; or
                                        ``(II) such other reasonable period
                                    as the Secretary may prescribe.
                                ``(ii) Limitation.--An employer may not
                            make the starting date of an individual's
                            employment or training or any other term and
                            condition of employment dependent on the
                            receipt of a confirmation of identity and
                            employment authorized status by the System.
                                ``(iii) Reverification.--If an individual
                            has a limited period of employment authorized
                            status, the individual's employer shall
                            reverify such status through the System not
                            later than 3 business days after the last day
                            of such period.
                                ``(iv) Other employment.--For employers
                            directed by the Secretary to participate in the
                            System under paragraph (2)(C)(i) to protect
                            critical infrastructure or otherwise specified
                            circumstances in this section to verify their
                            entire workforce, the System may be used for
                            initial verification of an individual who was
                            hired before the employer became subject to the
                            System, and the employer shall initiate all
                            required procedures on or before such date as
                            the Secretary shall specify.
                                ``(v) Notification.--
                                        ``(I) In general.--The Secretary
                                    shall provide, and the employer shall
                                    utilize, as part of the System, a
                                    method of notifying employers of a
                                    confirmation or nonconfirmation of an
                                    individual's identity and employment
                                    authorized status, or a notice that
                                    further action is required to verify
                                    such identity or employment eligibility
                                    (referred to in this subsection as a
                                    `further action notice').
                                        ``(II) Procedures.--The Secretary
                                    shall establish procedures--
                                                ``(aa) to directly notify
                                            the individual and the employer
                                            of a confirmation,
                                            nonconfirmation, or further
                                            action notice; and
                                                ``(bb) to provide
                                            information about filing an
                                            administrative appeal under
                                            paragraph (6) and a hearing
                                            before an administrative law
                                            judge under paragraph (7).
                                        ``(III) Implementation.--The
                                    Secretary may provide for a phased-in
                                    implementation of the notification
                                    requirements under this clause, as
                                    appropriate. The notification system
                                    shall cover all inquiries not later
                                    than 1 year from the date of the
                                    enactment of the Border Security,
                                    Economic Opportunity, and Immigration
                                    Modernization Act.
                        ``(C) Confirmation or nonconfirmation.--
                                ``(i) Initial response.--
                                        ``(I) In general.--Except as
                                    provided in subclause (II), the System
                                    shall provide--
                                                ``(aa) a confirmation of an
                                            individual's identity and
                                            employment authorized status or
                                            a further action notice at the
                                            time of the inquiry; and
                                                ``(bb) an appropriate code
                                            indicating such confirmation or
                                            such further action notice.
                                        ``(II) Alternative deadline.--If
                                    the System is unable to provide
                                    immediate confirmation or further
                                    action notice for technological reasons
                                    or due to unforeseen circumstances, the
                                    System shall provide a confirmation or
                                    further action notice not later than 3
                                    business days after the initial
                                    inquiry.
                                ``(ii) Confirmation upon initial inquiry.--
                            If the employer receives an appropriate
                            confirmation of an individual's identity and
                            employment authorized status under the System,
                            the employer shall record the confirmation in
                            such manner as the Secretary may specify.
                                ``(iii) Further action notice and later
                            confirmation or nonconfirmation.--
                                        ``(I) Notification and
                                    acknowledgment that further action is
                                    required.--Not later than 3 business
                                    days after an employer receives a
                                    further action notice of an
                                    individual's identity or employment
                                    eligibility under the System, or during
                                    such other reasonable time as the
                                    Secretary may prescribe, the employer
                                    shall notify the individual for whom
                                    the confirmation is sought of the
                                    further action notice and any
                                    procedures specified by the Secretary
                                    for addressing such notice. The further
                                    action notice shall be given to the
                                    individual in writing and the employer
                                    shall acknowledge in the System under
                                    penalty of perjury that it provided the
                                    employee with the further action
                                    notice. The individual shall
                                    affirmatively acknowledge in writing,
                                    or in such other manner as the
                                    Secretary may specify, the receipt of
                                    the further action notice from the
                                    employer. If the individual refuses to
                                    acknowledge the receipt of the further
                                    action notice, or acknowledges in
                                    writing that the individual will not
                                    contest the further action notice under
                                    subclause (II), the employer shall
                                    notify the Secretary in such manner as
                                    the Secretary may specify.
                                        ``(II) Contest.--Not later than 10
                                    business days after receiving
                                    notification of a further action notice
                                    under subclause (I), the individual
                                    shall contact the appropriate Federal
                                    agency and, if the Secretary so
                                    requires, appear in person for purposes
                                    of verifying the individual's identity
                                    and employment eligibility. The
                                    Secretary, in consultation with the
                                    Commissioner and other appropriate
                                    Federal agencies, shall specify an
                                    available secondary verification
                                    procedure to confirm the validity of
                                    information provided and to provide a
                                    confirmation or nonconfirmation. Any
                                    procedures for reexamination shall not
                                    limit in any way an employee's right to
                                    appeal a nonconfirmation.
                                        ``(III) No contest.--If the
                                    individual refuses to acknowledge
                                    receipt of the further action notice,
                                    acknowledges that the individual will
                                    not contest the further action notice
                                    as provided in subclause (I), or does
                                    not contact the appropriate Federal
                                    agency within the period specified in
                                    subclause (II), following expiration of
                                    the period specified in subclause (II),
                                    a nonconfirmation shall be issued. The
                                    employer shall record the
                                    nonconfirmation in such manner as the
                                    Secretary may specify and terminate the
                                    individual's employment. An
                                    individual's failure to contest a
                                    further action notice shall not be
                                    considered an admission of guilt with
                                    respect to any violation of this
                                    section or any provision of law.
                                        ``(IV) Confirmation or
                                    nonconfirmation.--Unless the period is
                                    extended in accordance with this
                                    subclause, the System shall provide a
                                    confirmation or nonconfirmation not
                                    later than 10 business days after the
                                    date on which the individual contests
                                    the further action notice under
                                    subclause (II). If the Secretary
                                    determines that good cause exists,
                                    after taking into account adverse
                                    impacts to the employer, and including
                                    time to permit the individual to obtain
                                    and provide needed evidence of identity
                                    or employment eligibility, the
                                    Secretary shall extend the period for
                                    providing confirmation or
                                    nonconfirmation for stated periods
                                    beyond 10 business days. When
                                    confirmation or nonconfirmation is
                                    provided, the confirmation system shall
                                    provide an appropriate code indicating
                                    such confirmation or nonconfirmation.
                                        ``(V) Reexamination.--Nothing in
                                    this section shall prevent the
                                    Secretary from establishing procedures
                                    to reexamine a case where a
                                    confirmation or nonconfirmation has
                                    been provided if subsequently received
                                    information indicates that the
                                    confirmation or nonconfirmation may not
                                    have been correct. Any procedures for
                                    reexamination shall not limit in any
                                    way an employee's right to appeal a
                                    nonconfirmation.
                                        ``(VI) Employee protections.--An
                                    employer may not terminate employment
                                    or take any other adverse action
                                    against an individual solely because of
                                    a failure of the individual to have
                                    identity and employment eligibility
                                    confirmed under this subsection until--
                                                ``(aa) a nonconfirmation
                                            has been issued;
                                                ``(bb) if the further
                                            action notice was contested,
                                            the period to timely file an
                                            administrative appeal has
                                            expired without an appeal; or
                                                ``(cc) if an administrative
                                            appeal has been filed, the
                                            nonconfirmation has been
                                            upheld.
                                ``(iv) Notice of nonconfirmation.--Not
                            later than 3 business days after an employer
                            receives a nonconfirmation, or during such
                            other reasonable time as the Secretary may
                            provide, the employer shall notify the
                            individual who is the subject of the
                            nonconfirmation, and provide information about
                            filing an administrative appeal pursuant to
                            paragraph (6) and request for a hearing before
                            an administrative law judge pursuant to
                            paragraph (7). The nonconfirmation notice shall
                            be given to the individual in writing and the
                            employer shall acknowledge in the System under
                            penalty of perjury that it provided the notice
                            (or adequately attempted to provide notice, but
                            was unable to do so despite reasonable
                            efforts). The individual shall affirmatively
                            acknowledge in writing, or in such other manner
                            as the Secretary may prescribe, the receipt of
                            the nonconfirmation notice from the employer.
                            If the individual refuses or fails to
                            acknowledge the receipt of the nonconfirmation
                            notice, the employer shall notify the Secretary
                            in such manner as the Secretary may prescribe.
                        ``(D) Consequences of nonconfirmation.--
                                ``(i) Termination of continued
                            employment.--Except as provided in clause
                            (iii), an employer that has received a
                            nonconfirmation regarding an individual and has
                            made reasonable efforts to notify the
                            individual in accordance with subparagraph
                            (C)(iv) shall terminate the employment of the
                            individual upon the expiration of the time
                            period specified in paragraph (6)(A) for filing
                            an administrative appeal and paragraph (7)(A)
                            for requesting a hearing before an
                            administrative law judge.
                                ``(ii) Continued employment after
                            nonconfirmation.--If the employer continues to
                            employ an individual after receiving
                            nonconfirmation and exhaustion of all appeals
                            or expiration of all rights to appeal if not
                            appealed, in violation of clause (i), a
                            rebuttable presumption is created that the
                            employer has violated paragraphs (1)(A) and (2)
                            of subsection (a). Such presumption shall not
                            apply in any prosecution under subsection
                            (k)(1).
                                ``(iii) Effect of administrative appeal or
                            review by administrative law judge.--If an
                            individual files an administrative appeal of
                            the nonconfirmation within the time period
                            specified in paragraph (6)(A), or review by an
                            administrative law judge specified in paragraph
                            (7)(A), the employer shall not terminate the
                            individual's employment under this subparagraph
                            prior to the resolution of the administrative
                            appeal unless the Secretary or Commissioner
                            terminates the stay under paragraph (6)(B) or
                            (7)(B).
                        ``(E) Obligation to respond to queries and
                    additional information.--
                                ``(i) In general.--Employers shall comply
                            with requests for information from the
                            Secretary and the Special Counsel for
                            Immigration-Related Unfair Employment Practices
                            of the Department of Justice, including queries
                            concerning current and former employees, within
                            the time frame during which records are
                            required to be maintained under this section
                            regarding such former employees, if such
                            information relates to the functioning of the
                            System, the accuracy of the responses provided
                            by the System, or any suspected misuse,
                            discrimination, fraud, or identity theft in the
                            use of the System. Failure to comply with a
                            request under this clause constitutes a
                            violation of subsection (a)(1)(B).
                                ``(ii) Action by individuals.--
                                        ``(I) In general.--Individuals
                                    being verified through the System may
                                    be required to take further action to
                                    address questions identified by the
                                    Secretary or the Commissioner regarding
                                    the documents relied upon for purposes
                                    of subsection (c).
                                        ``(II) Notification.--Not later
                                    than 3 business days after the receipt
                                    of such questions regarding an
                                    individual, or during such other
                                    reasonable time as the Secretary may
                                    prescribe, the employer shall--
                                                ``(aa) notify the
                                            individual of any such
                                            requirement for further
                                            actions; and
                                                ``(bb) shall record the
                                            date and manner of such
                                            notification.
                                        ``(III) Acknowledgment.--The
                                    individual shall acknowledge the
                                    notification received from the employer
                                    under subclause (II) in writing, or in
                                    such other manner as the Secretary may
                                    prescribe.
                                ``(iii) Rulemaking.--
                                        ``(I) In general.--The Secretary,
                                    in consultation with the Commissioner,
                                    is authorized to issue regulations
                                    implementing, clarifying, and
                                    supplementing the requirements under
                                    this subparagraph--
                                                ``(aa) to facilitate the
                                            functioning, accuracy, and
                                            fairness of the System; or
                                                ``(bb) to prevent misuse,
                                            discrimination, fraud, or
                                            identity theft in the use of
                                            the System.
                                        ``(II) Notice.--The regulations
                                    issued under subclause (I)--
                                                ``(aa) shall be published
                                            in the Federal Register; and
                                                ``(bb) provide directly to
                                            all employers registered in the
                                            System.
                        ``(F) Designated agents.--The Secretary shall
                    establish a process--
                                ``(i) for certifying, on an annual basis or
                            at such times as the Secretary may prescribe,
                            designated agents and other System service
                            providers seeking access to the System to
                            perform verification queries on behalf of
                            employers, based upon training, usage, privacy,
                            and security standards prescribed by the
                            Secretary; and
                                ``(ii) for ensuring that designated agents
                            and other System service providers are subject
                            to monitoring to the same extent as direct
                            access users.
                        ``(G) Requirement to provide information.--
                                ``(i) In general.--No later than 3 months
                            after the date of the enactment of the Border
                            Security, Economic Opportunity, and Immigration
                            Modernization Act, the Secretary, in
                            consultation with the Secretary of Labor, the
                            Secretary of Agriculture, the Commissioner, the
                            Attorney General, the Equal Employment
                            Opportunity Commission, and the Administrator
                            of the Small Business Administration, shall
                            commence a campaign to disseminate information
                            respecting the procedures, rights, and remedies
                            prescribed under this section.
                                ``(ii) Campaign requirements.--The campaign
                            authorized under clause (i)--
                                        ``(I) shall be aimed at increasing
                                    the knowledge of employers, employees,
                                    and the general public concerning
                                    employer and employee rights,
                                    responsibilities, and remedies under
                                    this section; and
                                        ``(II) shall be coordinated with
                                    the public education campaign conducted
                                    by U.S. Citizenship and Immigration
                                    Services.
                                ``(iii) Assessment.--The Secretary shall
                            assess the success of the campaign in achieving
                            the goals of the campaign.
                                ``(iv) Authority to contract.--In order to
                            carry out and assess the campaign under this
                            subparagraph, the Secretary may, to the extent
                            deemed appropriate and subject to the
                            availability of appropriations, contract with
                            public and private organizations for outreach
                            and assessment activities under the campaign.
                                ``(v) Authorization of appropriations.--
                            There are authorized to be appropriated to
                            carry out this paragraph $40,000,000 for each
                            of the fiscal years 2014 through 2016.
                        ``(H) Authority to modify information
                    requirements.--Based on a regular review of the System
                    and the document verification procedures to identify
                    misuse or fraudulent use and to assess the security of
                    the documents and processes used to establish identity
                    or employment authorized status, the Secretary, in
                    consultation with the Commissioner, after publication
                    of notice in the Federal Register and an opportunity
                    for public comment, may modify, if the Secretary
                    determines that the modification is necessary to ensure
                    that the System accurately and reliably determines the
                    identity and employment authorized status of employees
                    and maintain existing protections against misuse,
                    discrimination, fraud, and identity theft--
                                ``(i) the information that shall be
                            presented to the employer by a worker
                            individual;
                                ``(ii) the information that shall be
                            provided to the System by the employer; and
                                ``(iii) the procedures that shall be
                            followed by employers with respect to the
                            process of verifying an individual through the
                            System.
                        ``(I) Self-verification.--Subject to appropriate
                    safeguards to prevent misuse of the system, the
                    Secretary, in consultation with the Commissioner, shall
                    establish a secure self-verification procedure to
                    permit an individual who seeks to verify the
                    individual's own employment eligibility to contact the
                    appropriate agency and, in a timely manner, correct or
                    update the information contained in the System.
                ``(5) Protection from liability for actions taken on the
            basis of information provided by the system.--An employer shall
            not be liable to a job applicant, an employee, the Federal
            Government, or a State or local government, under Federal,
            State, or local criminal or civil law for any employment-
            related action taken with respect to a job applicant or
            employee in good-faith reliance on information provided by the
            System.
                ``(6) Administrative appeal.--
                        ``(A) In general.--An individual who is notified of
                    a nonconfirmation may, not later than 10 business days
                    after the date that such notice is received, file an
                    administrative appeal of such nonconfirmation with the
                    Commissioner if the notice is based on records
                    maintained by the Commissioner, or in any other case,
                    with the Secretary. An individual who did not timely
                    contest a further action notice timely received by that
                    individual for which the individual acknowledged
                    receipt may not be granted a review under this
                    paragraph.
                        ``(B) Administrative stay of nonconfirmation.--The
                    nonconfirmation shall be automatically stayed upon the
                    timely filing of an administrative appeal, unless the
                    nonconfirmation resulted after the individual
                    acknowledged receipt of the further action notice but
                    failed to contact the appropriate agency within the
                    time provided. The stay shall remain in effect until
                    the resolution of the appeal, unless the Secretary or
                    the Commissioner terminates the stay based on a
                    determination that the administrative appeal is
                    frivolous or filed for purposes of delay.
                        ``(C) Review for error.--The Secretary and the
                    Commissioner shall develop procedures for resolving
                    administrative appeals regarding nonconfirmations based
                    upon the information that the individual has provided,
                    including any additional evidence or argument that was
                    not previously considered. Any such additional evidence
                    or argument shall be filed within 10 business days of
                    the date the appeal was originally filed. Appeals shall
                    be resolved within 20 business days after the
                    individual has submitted all evidence and arguments the
                    individual wishes to submit, or has stated in writing
                    that there is no additional evidence that the
                    individual wishes to submit. The Secretary and the
                    Commissioner may, on a case by case basis for good
                    cause, extend the filing and submission period in order
                    to ensure accurate resolution of an appeal before the
                    Secretary or the Commissioner.
                        ``(D) Preponderance of evidence.--Administrative
                    appeal under this paragraph shall be limited to whether
                    a nonconfirmation notice is supported by a
                    preponderance of the evidence.
                        ``(E) Damages, fees, and costs.--No money damages,
                    fees or costs may be awarded in the administrative
                    appeal process under this paragraph.
                ``(7) Review by administrative law judge.--
                        ``(A) In general.--Not later than 30 days after the
                    date an individual receives a final determination on an
                    administrative appeal under paragraph (6), the
                    individual may obtain review of such determination by
                    filing a complaint with an administrative law judge in
                    accordance with this paragraph.
                        ``(B) Stay of nonconfirmation.--The nonconfirmation
                    related to such final determination shall be
                    automatically stayed upon the timely filing of a
                    complaint under this paragraph, and the stay shall
                    remain in effect until the resolution of the complaint,
                    unless the administrative law judge determines that the
                    action is frivolous or filed for purposes of delay.
                        ``(C) Service.--The respondent to complaint filed
                    under this paragraph is either the Secretary or the
                    Commissioner, but not both, depending upon who issued
                    the administrative order under paragraph (6). In
                    addition to serving the respondent, the plaintiff shall
                    serve the Attorney General.
                        ``(D) Authority of administrative law judge.--
                                ``(i) Rules of practice.--The Secretary
                            shall promulgate regulations regarding the
                            rules of practice in appeals brought pursuant
                            to this subsection.
                                ``(ii) Authority of administrative law
                            judge.--The administrative law judge shall have
                            power to--
                                        ``(I) terminate a stay of a
                                    nonconfirmation under subparagraph (B)
                                    if the administrative law judge
                                    determines that the action is frivolous
                                    or filed for purposes of delay;
                                        ``(II) adduce evidence at a
                                    hearing;
                                        ``(III) compel by subpoena the
                                    attendance of witnesses and the
                                    production of evidence at any
                                    designated place or hearing;
                                        ``(IV) resolve claims of identity
                                    theft; and
                                        ``(V) enter, upon the pleadings and
                                    any evidence adduced at a hearing, a
                                    decision affirming or reversing the
                                    result of the agency, with or without
                                    remanding the cause for a rehearing.
                                ``(iii) Subpoena.--In case of contumacy or
                            refusal to obey a subpoena lawfully issued
                            under this section and upon application of the
                            administrative law judge, an appropriate
                            district court of the United States may issue
                            an order requiring compliance with such
                            subpoena and any failure to obey such order may
                            be punished by such court as a contempt of such
                            court.
                                ``(iv) Training.--An administrative law
                            judge hearing cases shall have special training
                            respecting employment authorized status
                            verification.
                        ``(E) Order by administrative law judge.--
                                ``(i) In general.--The administrative law
                            judge shall issue and cause to be served to the
                            parties in the proceeding an order which may be
                            appealed as provided in subparagraph (G).
                                ``(ii) Contents of order.--Such an order
                            shall uphold or reverse the final determination
                            on the request for reconsideration and order
                            lost wages and other appropriate remedies as
                            provided in subparagraph (F).
                        ``(F) Compensation for error.--
                                ``(i) In general.--In cases in which the
                            administrative law judge reverses the final
                            determination of the Secretary or the
                            Commissioner made under paragraph (6), and the
                            administrative law judge finds that--
                                        ``(I) the nonconfirmation was due
                                    to gross negligence or intentional
                                    misconduct of the employer, the
                                    administrative law judge may order the
                                    employer to pay the individual lost
                                    wages, and reasonable costs and
                                    attorneys' fees incurred during
                                    administrative and judicial review; or
                                        ``(II) such final determination was
                                    erroneous by reason of the negligence
                                    of the Secretary or the Commissioner,
                                    the administrative law judge may order
                                    the Secretary or the Commissioner to
                                    pay the individual lost wages, and
                                    reasonable costs and attorneys' fees
                                    incurred during administrative and
                                    judicial review.
                                ``(ii) Calculation of lost wages.--Lost
                            wages shall be calculated based on the wage
                            rate and work schedule that prevailed prior to
                            termination. The individual shall be
                            compensated for wages lost beginning on the
                            first scheduled work day after employment was
                            terminated and ending 120 days after completion
                            of the administrative law judge's review
                            described in this paragraph or the day after
                            the individual is reinstated or obtains
                            employment elsewhere, whichever occurs first.
                            If the individual obtains employment elsewhere
                            at a lower wage rate, the individual shall be
                            compensated for the difference in wages for the
                            period ending 120 days after completion of the
                            administrative law judge review process. No
                            lost wages shall be awarded for any period of
                            time during which the individual was not in
                            employment authorized status.
                                ``(iii) Payment of compensation.--
                            Notwithstanding any other law, payment of
                            compensation for lost wages, costs, and
                            attorneys' fees under this paragraph, or
                            compromise settlements of the same, shall be
                            made as provided by section 1304 of title 31,
                            United States Code. Appropriations made
                            available to the Secretary or the Commissioner,
                            accounts provided for under section 286, and
                            funds from the Federal Old-Age and Survivors
                            Insurance Trust Fund or the Federal Disability
                            Insurance Trust Fund shall not be available to
                            pay such compensation.
                        ``(G) Appeal.--No later than 45 days after the
                    entry of such final order, any person adversely
                    affected by such final order may seek review of such
                    order in the United States Court of Appeals for the
                    circuit in which the violation is alleged to have
                    occurred or in which the employer resides or transacts
                    business.
                ``(8) Management of the system.--
                        ``(A) In general.--The Secretary is authorized to
                    establish, manage, and modify the System, which shall--
                                ``(i) respond to inquiries made by
                            participating employers at any time through the
                            internet, or such other means as the Secretary
                            may designate, concerning an individual's
                            identity and whether the individual is in
                            employment authorized status;
                                ``(ii) maintain records of the inquiries
                            that were made, of confirmations provided (or
                            not provided), and of the codes provided to
                            employers as evidence of their compliance with
                            their obligations under the System; and
                                ``(iii) provide information to, and require
                            action by, employers and individuals using the
                            System.
                        ``(B) Design and operation of system.--The System
                    shall be designed and operated--
                                ``(i) to maximize its reliability and ease
                            of use by employers consistent with protecting
                            the privacy and security of the underlying
                            information, and ensuring full notice of such
                            use to employees;
                                ``(ii) to maximize its ease of use by
                            employees, including direct notification of its
                            use, of results, and ability to challenge
                            results;
                                ``(iii) to respond accurately to all
                            inquiries made by employers on whether
                            individuals are authorized to be employed and
                            to register any times when the system is unable
                            to receive inquiries;
                                ``(iv) to maintain appropriate
                            administrative, technical, and physical
                            safeguards to prevent unauthorized disclosure
                            of personal information, misuse by employers
                            and employees, and discrimination;
                                ``(v) to require regularly scheduled
                            refresher training of all users of the System
                            to ensure compliance with all procedures;
                                ``(vi) to allow for auditing of the use of
                            the System to detect misuse, discrimination,
                            fraud, and identity theft, and to preserve the
                            integrity and security of the information in
                            all of the System, including--
                                        ``(I) to develop and use tools and
                                    processes to detect or prevent fraud
                                    and identity theft, such as multiple
                                    uses of the same identifying
                                    information or documents to
                                    fraudulently gain employment;
                                        ``(II) to develop and use tools and
                                    processes to detect and prevent misuse
                                    of the system by employers and
                                    employees;
                                        ``(III) to develop tools and
                                    processes to detect anomalies in the
                                    use of the system that may indicate
                                    potential fraud or misuse of the
                                    system;
                                        ``(IV) to audit documents and
                                    information submitted by employees to
                                    employers, including authority to
                                    conduct interviews with employers and
                                    employees, and obtain information
                                    concerning employment from the
                                    employer;
                                ``(vii) to confirm identity and employment
                            authorization through verification and
                            comparison of records as determined necessary
                            by the Secretary;
                                ``(viii) to confirm electronically the
                            issuance of the employment authorization or
                            identity document and--
                                        ``(I) if such photograph is
                                    available, to display the digital
                                    photograph that the issuer placed on
                                    the document so that the employer can
                                    compare the photograph displayed to the
                                    photograph on the document presented by
                                    the employee; or
                                        ``(II) if a photograph is not
                                    available from the issuer, to confirm
                                    the authenticity of the document using
                                    such alternative procedures as the
                                    Secretary may specify; and
                                ``(ix) to provide appropriate notification
                            directly to employers registered with the
                            System of all changes made by the Secretary or
                            the Commissioner related to allowed and
                            prohibited documents, and use of the System.
                        ``(C) Safeguards to the system.--
                                ``(i) Requirement to develop.--The
                            Secretary, in consultation with the
                            Commissioner and other appropriate Federal and
                            State agencies, shall develop policies and
                            procedures to ensure protection of the privacy
                            and security of personally identifiable
                            information and identifiers contained in the
                            records accessed or maintained by the System.
                            The Secretary, in consultation with the
                            Commissioner and other appropriate Federal and
                            State agencies, shall develop and deploy
                            appropriate privacy and security training for
                            the Federal and State employees accessing the
                            records under the System.
                                ``(ii) Privacy audits.--The Secretary,
                            acting through the Chief Privacy Officer of the
                            Department, shall conduct regular privacy
                            audits of the policies and procedures
                            established under clause (i), including any
                            collection, use, dissemination, and maintenance
                            of personally identifiable information and any
                            associated information technology systems, as
                            well as scope of requests for this information.
                            The Chief Privacy Officer shall review the
                            results of the audits and recommend to the
                            Secretary any changes necessary to improve the
                            privacy protections of the program.
                                ``(iii) Records security program.--Any
                            person, including a private third party vendor,
                            who retains document verification or System
                            data pursuant to this section shall implement
                            an effective records security program that--
                                        ``(I) ensures that only authorized
                                    personnel have access to document
                                    verification or System data; and
                                        ``(II) ensures that whenever such
                                    data is created, completed, updated,
                                    modified, altered, or corrected in
                                    electronic format, a secure and
                                    permanent record is created that
                                    establishes the date of access, the
                                    identity of the individual who accessed
                                    the electronic record, and the
                                    particular action taken.
                                ``(iv) Records security program.--In
                            addition to the security measures described in
                            clause (iii), a private third party vendor who
                            retains document verification or System data
                            pursuant to this section shall implement an
                            effective records security program that--
                                        ``(I) provides for backup and
                                    recovery of any records maintained in
                                    electronic format to protect against
                                    information loss, such as power
                                    interruptions; and
                                        ``(II) ensures that employees are
                                    trained to minimize the risk of
                                    unauthorized or accidental alteration
                                    or erasure of such data in electronic
                                    format.
                                ``(v) Authorized personnel defined.--In
                            this subparagraph, the term `authorized
                            personnel' means anyone registered as a System
                            user, or anyone with partial or full
                            responsibility for completion of employment
                            authorization verification or retention of data
                            in connection with employment authorization
                            verification on behalf of an employer.
                        ``(D) Responsibilities of the secretary.--
                                ``(i) In general.--As part of the System,
                            the Secretary shall maintain a reliable, secure
                            method, which, operating through the System and
                            within the time periods specified, compares the
                            name, alien identification or authorization
                            number, or other information as determined
                            relevant by the Secretary, provided in an
                            inquiry against such information maintained or
                            accessed by the Secretary in order to confirm
                            (or not confirm) the validity of the
                            information provided, the correspondence of the
                            name and number, whether the alien has
                            employment authorized status (or, to the extent
                            that the Secretary determines to be feasible
                            and appropriate, whether the records available
                            to the Secretary verify the identity or status
                            of a national of the United States), and such
                            other information as the Secretary may
                            prescribe.
                                ``(ii) Photograph display.--As part of the
                            System, the Secretary shall establish a
                            reliable, secure method, which, operating
                            through the System, displays the digital
                            photograph described in subparagraph
                            (B)(viii)(I).
                                ``(iii) Timing of notices.--The Secretary
                            shall have authority to prescribe when a
                            confirmation, nonconfirmation, or further
                            action notice shall be issued.
                                ``(iv) Use of information.--The Secretary
                            shall perform regular audits under the System,
                            as described in subparagraph (B)(vi) and shall
                            utilize the information obtained from such
                            audits, as well as any information obtained
                            from the Commissioner pursuant to part E of
                            title XI of the Social Security Act (42 U.S.C.
                            1301 et seq.), for the purposes of this section
                            and to administer and enforce the immigration
                            laws.
                                ``(v) Available facilities and alternative
                            accommodations.--The Secretary shall make
                            appropriate arrangements and develop standards
                            to allow employers or employees, including
                            remote hires, who are otherwise unable to
                            access the System to use electronic and
                            telephonic formats (including video
                            conferencing, scanning technology, and other
                            available technologies), Federal Government
                            facilities, public facilities, or other
                            available locations in order to utilize the
                            System.
                                ``(vi) Identity fraud protection.--To
                            prevent identity fraud, not later than 18
                            months after the date of the enactment of the
                            Border Security, Economic Opportunity, and
                            Immigration Modernization Act, the Secretary
                            shall--
                                        ``(I) in consultation with the
                                    Commissioner, establish a program to
                                    provide a reliable, secure method for
                                    an individual to temporarily suspend or
                                    limit the use of the individual's
                                    social security account number or other
                                    identifying information for
                                    verification by the System; and
                                        ``(II) for each individual being
                                    verified through the System--
                                                ``(aa) notify the
                                            individual that the individual
                                            has the option to limit the use
                                            of the individual's social
                                            security account number or
                                            other identifying information
                                            for verification by the System;
                                            and
                                                ``(bb) provide instructions
                                            to the individuals for
                                            exercising the option referred
                                            to in item (aa).
                                ``(vii) Protection from multiple use.--The
                            Secretary and the Commissioner shall establish
                            a procedure for identifying and handling a
                            situation in which a social security account
                            number has been identified to be subject to
                            unusual multiple use in the System or is
                            otherwise suspected or determined to have been
                            compromised by identity fraud.
                                ``(viii) Monitoring and compliance unit.--
                            The Secretary shall establish or designate a
                            monitoring and compliance unit to detect and
                            reduce identity fraud and other misuse of the
                            System.
                                ``(ix) Civil rights and civil liberties
                            assessments.--
                                        ``(I) Requirement to conduct.--The
                                    Secretary shall conduct regular civil
                                    rights and civil liberties assessments
                                    of the System, including participation
                                    by employers, other private entities,
                                    and Federal, State, and local
                                    government entities.
                                        ``(II) Requirement to respond.--
                                    Employers, other private entities, and
                                    Federal, State, and local entities
                                    shall timely respond to any request in
                                    connection with such an assessment.
                                        ``(III) Assessment and
                                    recommendations.--The Officer for Civil
                                    Rights and Civil Liberties of the
                                    Department shall review the results of
                                    each such assessment and recommend to
                                    the Secretary any changes necessary to
                                    improve the civil rights and civil
                                    liberties protections of the System.
                        ``(E) Grants to states.--
                                ``(i) In general.--The Secretary shall
                            create and administer a grant program to help
                            provide funding for States that grant--
                                        ``(I) the Secretary access to
                                    driver's license information as needed
                                    to confirm that a driver's license
                                    presented under subsection (c)(1)(C)(i)
                                    confirms the identity of the subject of
                                    the System check, and that a driver's
                                    license matches the State's records;
                                    and
                                        ``(II) such assistance as the
                                    Secretary may request in order to
                                    resolve further action notices or
                                    nonconfirmations relating to such
                                    information.
                                ``(ii) Construction with the driver's
                            privacy protection act of 1994.--The provision
                            of a photograph to the Secretary as described
                            in clause (i) may not be construed as a
                            violation of section 2721 of title 18, United
                            States Code, and is a permissible use under
                            subsection (b)(1) of that section.
                                ``(iii) Authorization of appropriations.--
                            There is authorized to be appropriated to the
                            Secretary $250,000,000 to carry out this
                            subparagraph.
                        ``(F) Responsibilities of the secretary of state.--
                    As part of the System, the Secretary of State shall
                    provide to the Secretary access to passport and visa
                    information as needed to confirm that a passport,
                    passport card, or visa presented under subsection
                    (c)(1)(B) confirms the identity of the subject of the
                    System check, and that a passport, passport card, or
                    visa photograph matches the Secretary of State's
                    records, and shall provide such assistance as the
                    Secretary may request in order to resolve further
                    action notices or nonconfirmations relating to such
                    information.
                        ``(G) Updating information.--The Commissioner, the
                    Secretary, and the Secretary of State shall update
                    their information in a manner that promotes maximum
                    accuracy and shall provide a process for the prompt
                    correction of erroneous information.
                ``(9) Limitation on use of the system.--Notwithstanding any
            other provision of law, nothing in this subsection may be
            construed to permit or allow any department, bureau, or other
            agency of the United States Government or any other entity to
            utilize any information, database, or other records assembled
            under this subsection for any purpose other than for employment
            verification or to ensure secure, appropriate and
            nondiscriminatory use of the System.
                ``(10) Annual report and certification.--Not later than 18
            months after the promulgation of regulations to implement this
            subsection, and annually thereafter, the Secretary shall submit
            to Congress a report that includes the following:
                        ``(A) An assessment of the accuracy rates of
                    further action notices and other System notices
                    provided by employers to individuals who are authorized
                    to be employed in the United States.
                        ``(B) An assessment of the accuracy rates of
                    further action notices and other System notices
                    provided directly (by the System) in a timely fashion
                    to individuals who are not authorized to be employed in
                    the United States.
                        ``(C) An assessment of any challenges faced by
                    small employers in utilizing the System.
                        ``(D) An assessment of the rate of employer
                    noncompliance (in addition to failure to provide
                    required notices in a timely fashion) in each of the
                    following categories:
                                ``(i) Taking adverse action based on a
                            further action notice.
                                ``(ii) Use of the System for nonemployees
                            or other individuals before they are offered
                            employment.
                                ``(iii) Use of the System to reverify
                            employment authorized status of current
                            employees except if authorized to do so.
                                ``(iv) Use of the System selectively,
                            except in cases in which such use is
                            authorized.
                                ``(v) Use of the System to deny employment
                            or post-employment benefits or otherwise
                            interfere with labor rights.
                                ``(vi) Requiring employees or applicants to
                            use any self-verification feature or to provide
                            self-verification results.
                                ``(vii) Discouraging individuals who
                            receive a further action notice from
                            challenging the further action notice or
                            appealing a determination made by the System.
                        ``(E) An assessment of the rate of employee
                    noncompliance in each of the following categories:
                                ``(i) Obtaining employment when
                            unauthorized with an employer complying with
                            the System in good faith.
                                ``(ii) Failure to provide required
                            documents in a timely manner.
                                ``(iii) Attempting to use fraudulent
                            documents or documents not related to the
                            individual.
                                ``(iv) Misuse of the administrative appeal
                            and judicial review process.
                        ``(F) An assessment of the amount of time taken
                    for--
                                ``(i) the System to provide the
                            confirmation or further action notice;
                                ``(ii) individuals to contest further
                            action notices;
                                ``(iii) the System to provide a
                            confirmation or nonconfirmation of a contested
                            further action notice;
                                ``(iv) individuals to file an
                            administrative appeal of a nonconfirmation; and
                                ``(v) resolving administrative appeals
                            regarding nonconfirmations.
                ``(11) Annual gao study and report.--
                        ``(A) Requirement.--The Comptroller General shall,
                    for each year, undertake a study to evaluate the
                    accuracy, efficiency, integrity, and impact of the
                    System.
                        ``(B) Report.--Not later than 18 months after the
                    promulgation of regulations to implement this
                    subsection, and yearly thereafter, the Comptroller
                    General shall submit to Congress a report containing
                    the findings of the study carried out under this
                    paragraph. Each such report shall include, at a
                    minimum, the following:
                                ``(i) An assessment of System performance
                            with respect to the rate at which individuals
                            who are eligible for employment in the United
                            States are correctly approved within the
                            required periods, including a separate
                            assessment of such rate for nationals and
                            aliens.
                                ``(ii) An assessment of the privacy and
                            confidentiality of the System and of the
                            overall security of the System with respect to
                            cybertheft and theft or misuse of private data.
                                ``(iii) An assessment of whether the System
                            is being implemented in a manner that is not
                            discriminatory or used for retaliation against
                            employees.
                                ``(iv) An assessment of the most common
                            causes for the erroneous issuance of
                            nonconfirmations by the System and
                            recommendations to correct such causes.
                                ``(v) The recommendations of the
                            Comptroller General regarding System
                            improvements.
                                ``(vi) An assessment of the frequency and
                            magnitude of changes made to the System and the
                            impact on the ability for employers to comply
                            in good faith.
                                ``(vii) An assessment of the direct and
                            indirect costs incurred by employers in
                            complying with the System, including costs
                            associated with retaining potential employees
                            through the administrative appeals process and
                            receiving a nonconfirmation.
                                ``(viii) An assessment of any backlogs or
                            delays in the System providing the confirmation
                            or further action notice and impacts to hiring
                            by employers.
        ``(e) Compliance.--
                ``(1) Complaints and investigations.--The Secretary shall
            establish procedures--
                        ``(A) for individuals and entities to file
                    complaints respecting potential violations of
                    subsections (a) or (f)(1);
                        ``(B) for the investigation of those complaints
                    which the Secretary deems appropriate to investigate;
                    and
                        ``(C) for providing notification to the Special
                    Counsel for Immigration-Related Unfair Employment
                    Practices of the Department of Justice of potential
                    violations of section 274B.
                ``(2) Authority in investigations.--In conducting
            investigations and proceedings under this subsection--
                        ``(A) immigration officers shall have reasonable
                    access to examine evidence of the employer being
                    investigated;
                        ``(B) immigration officers designated by the
                    Secretary, and administrative law judges and other
                    persons authorized to conduct proceedings under this
                    section, may compel by subpoena the attendance of
                    relevant witnesses and the production of relevant
                    evidence at any designated place in an investigation or
                    case under this subsection. In case of refusal to fully
                    comply with a subpoena lawfully issued under this
                    paragraph, the Secretary may request that the Attorney
                    General apply in an appropriate district court of the
                    United States for an order requiring compliance with
                    the subpoena, and any failure to obey such order may be
                    punished by the court as contempt. Failure to cooperate
                    with the subpoena shall be subject to further
                    penalties, including but not limited to further fines
                    and the voiding of any mitigation of penalties or
                    termination of proceedings under paragraph (4)(D); and
                        ``(C) the Secretary, in cooperation with the
                    Commissioner and Attorney General, and in consultation
                    with other relevant agencies, shall establish a Joint
                    Employment Fraud Task Force consisting of, at a
                    minimum--
                                ``(i) the System's compliance personnel;
                                ``(ii) immigration law enforcement
                            officers;
                                ``(iii) personnel of the Office of Special
                            Counsel for Immigration-Related Unfair
                            Employment Practices of the Department of
                            Justice;
                                ``(iv) personnel of the Office for Civil
                            Rights and Civil Liberties of the Department;
                            and
                                ``(v) personnel of Office of Inspector
                            General of the Social Security Administration.
                ``(3) Compliance procedures.--
                        ``(A) Pre-penalty notice.--If the Secretary has
                    reasonable cause to believe that there has been a civil
                    violation of this section, the Secretary shall issue to
                    the employer concerned a written notice of the
                    Department's intention to issue a claim for a monetary
                    or other penalty. Such pre-penalty notice shall:
                                ``(i) describe the violation;
                                ``(ii) specify the laws and regulations
                            allegedly violated;
                                ``(iii) disclose the material facts which
                            establish the alleged violation;
                                ``(iv) describe the penalty sought to be
                            imposed; and
                                ``(v) inform such employer that such
                            employer shall have a reasonable opportunity to
                            make representations as to why a monetary or
                            other penalty should not be imposed.
                        ``(B) Employer's response.--Whenever any employer
                    receives written pre-penalty notice of a fine or other
                    penalty in accordance with subparagraph (A), the
                    employer may, within 60 days from receipt of such
                    notice, file with the Secretary its written response to
                    the notice. The response may include any relevant
                    evidence or proffer of evidence that the employer
                    wishes to present with respect to whether the employer
                    violated this section and whether, if so, the penalty
                    should be mitigated, and shall be filed and considered
                    in accordance with procedures to be established by the
                    Secretary.
                        ``(C) Right to a hearing.--Before issuance of an
                    order imposing a penalty on any employer, person, or
                    entity, the employer, person, or entity shall be
                    entitled to a hearing before an administrative law
                    judge, if requested within 60 days of the notice of
                    penalty. The hearing shall be held at the nearest
                    location practicable to the place where the employer,
                    person, or entity resides or of the place where the
                    alleged violation occurred.
                        ``(D) Issuance of orders.--If no hearing is so
                    requested, the Secretary's imposition of the order
                    shall constitute a final and unappealable order. If a
                    hearing is requested and the administrative law judge
                    determines, upon clear and convincing evidence
                    received, that there was a violation, the
                    administrative law judge shall issue the final
                    determination with a written penalty claim. The penalty
                    claim shall specify all charges in the information
                    provided under clauses (i) through (iii) of
                    subparagraph (A) and any mitigation of the penalty that
                    the administrative law judge deems appropriate under
                    paragraph (4)(D).
                ``(4) Civil penalties.--
                        ``(A) Hiring or continuing to employ unauthorized
                    aliens.--Any employer that violates any provision of
                    subsection (a)(1)(A) or (a)(2) shall--
                                ``(i) pay a civil penalty of not less than
                            $3,500 and not more than $7,500 for each
                            unauthorized alien with respect to which each
                            violation of either subsection (a)(1)(A) or
                            (a)(2) occurred;
                                ``(ii) if the employer has previously been
                            fined as a result of a previous enforcement
                            action or previous violation under this
                            paragraph, pay a civil penalty of not less than
                            $5,000 and not more than $15,000 for each
                            unauthorized alien with respect to which a
                            violation of either subsection (a)(1)(A) or
                            (a)(2) occurred; and
                                ``(iii) if the employer has previously been
                            fined more than once under this paragraph, pay
                            a civil penalty of not less than $10,000 and
                            not more than $25,000 for each unauthorized
                            alien with respect to which a violation of
                            either subsection (a)(1)(A) or (a)(2) occurred.
                        ``(B) Enhanced penalties.--After the Secretary
                    certifies to Congress that the System has been
                    established, implemented, and made mandatory for use by
                    all employers in the United States, the Secretary may
                    establish an enhanced civil penalty for an employer
                    who--
                                ``(i) fails to query the System to verify
                            the identify and work authorized status of an
                            individual; and
                                ``(ii) violates a Federal, State, or local
                            law related to--
                                        ``(I) the payment of wages;
                                        ``(II) hours worked by employees;
                                    or
                                        ``(III) workplace health and
                                    safety.
                        ``(C) Recordkeeping or verification practices.--Any
                    employer that violates or fails to comply with any
                    requirement under subsection (a)(1)(B), other than a
                    minor or inadvertent failure, as determined by the
                    Secretary, shall pay a civil penalty of--
                                ``(i) not less than $500 and not more than
                            $2,000 for each violation;
                                ``(ii) if an employer has previously been
                            fined under this paragraph, not less than
                            $1,000 and not more than $4,000 for each
                            violation; and
                                ``(iii) if an employer has previously been
                            fined more than once under this paragraph, not
                            less than $2,000 and not more than $8,000 for
                            each violation.
                        ``(D) Other penalties.--The Secretary may impose
                    additional penalties for violations, including cease
                    and desist orders, specially designed compliance plans
                    to prevent further violations, suspended fines to take
                    effect in the event of a further violation, and in
                    appropriate cases, the remedy provided by paragraph
                    (f)(2).
                        ``(E) Mitigation.--The Secretary or, if an employer
                    requests a hearing, the administrative law judge, is
                    authorized, upon such terms and conditions as the
                    Secretary or administrative law judge deems reasonable
                    and just and in accordance with such procedures as the
                    Secretary may establish or any procedures established
                    governing the administrative law judge's assessment of
                    penalties, to reduce or mitigate penalties imposed upon
                    employers, based upon factors including, the employer's
                    hiring volume, compliance history, good-faith
                    implementation of a compliance program, the size and
                    level of sophistication of the employer, and voluntary
                    disclosure of violations of this subsection to the
                    Secretary. The Secretary or administrative law judge
                    shall not mitigate a penalty below the minimum penalty
                    provided by this section, except that the Secretary
                    may, in the case of an employer subject to penalty for
                    recordkeeping or verification violations only who has
                    not previously been penalized under this section, in
                    the Secretary's or administrative law judge's
                    discretion, mitigate the penalty below the statutory
                    minimum or remit it entirely. In any case where a civil
                    money penalty has been imposed on an employer under
                    section 274B for an action or omission that is also a
                    violation of this section, the Secretary or
                    administrative law judge shall mitigate any civil money
                    penalty under this section by the amount of the penalty
                    imposed under section 274B.
                        ``(F) Effective date.--The civil money penalty
                    amounts and the enhanced penalties provided by
                    subparagraphs (A), (B), and (C) of this paragraph and
                    by subsection (f)(2) shall apply to violations of this
                    section committed on or after the date that is 1 year
                    after the date of the enactment of the Border Security,
                    Economic Opportunity, and Immigration Modernization
                    Act. For violations committed prior to such date of
                    enactment, the civil money penalty amounts provided by
                    regulations implementing this section as in effect the
                    day before such date of enactment with respect to
                    knowing hiring or continuing employment, verification,
                    or indemnity bond violations, as appropriate, shall
                    apply.
                ``(5) Order of internal review and certification of
            compliance.--
                        ``(A) Employer compliance.--If the Secretary has
                    reasonable cause to believe that an employer has failed
                    to comply with this section, the Secretary is
                    authorized, at any time, to require that the employer
                    certify that it is in compliance with this section, or
                    has instituted a program to come into compliance.
                        ``(B) Employer certification.--
                                ``(i) Requirement.--Except as provided in
                            subparagraph (C), not later than 60 days after
                            receiving a notice from the Secretary requiring
                            a certification under subparagraph (A), an
                            official with responsibility for, and authority
                            to bind the company on, all hiring and
                            immigration compliance notices shall certify
                            under penalty of perjury that the employer is
                            in conformance with the requirements of
                            paragraphs (1) through (4) of subsection (c),
                            pertaining to document verification
                            requirements, and with subsection (d),
                            pertaining to the System (once the System is
                            implemented with respect to that employer
                            according to the requirements of subsection
                            (d)(1)), and with any additional requirements
                            that the Secretary may promulgate by regulation
                            pursuant to subsection (c) or (d) or that the
                            employer has instituted a program to come into
                            compliance with these requirements.
                                ``(ii) Application.--Clause (i) shall not
                            apply until the date that the Secretary
                            certifies to Congress that the System has been
                            established, implemented, and made mandatory
                            for use by all employers in the United States.
                        ``(C) Extension of deadline.--At the request of the
                    employer, the Secretary may extend the 60-day deadline
                    for good cause.
                        ``(D) Standards or methods.--The Secretary is
                    authorized to publish in the Federal Register standards
                    or methods for such certification, require specific
                    recordkeeping practices with respect to such
                    certifications, and audit the records thereof at any
                    time. This authority shall not be construed to diminish
                    or qualify any other penalty provided by this section.
                ``(6) Requirements for review of a final determination.--
            With respect to judicial review of a final determination or
            penalty claim issued under paragraph (3)(C), the following
            requirements apply:
                        ``(A) Deadline.--The petition for review must be
                    filed no later than 30 days after the date of the final
                    determination or penalty claim issued under paragraph
                    (3)(C).
                        ``(B) Venue and forms.--The petition for review
                    shall be filed with the court of appeals for the
                    judicial circuit where the employer's principal place
                    of business was located when the final determination or
                    penalty claim was made. The record and briefs do not
                    have to be printed. The court shall review the
                    proceeding on a typewritten or electronically filed
                    record and briefs.
                        ``(C) Service.--The respondent is the Secretary. In
                    addition to serving the respondent, the petitioner
                    shall serve the Attorney General.
                        ``(D) Petitioner's brief.--The petitioner shall
                    serve and file a brief in connection with a petition
                    for judicial review not later than 40 days after the
                    date on which the administrative record is available,
                    and may serve and file a reply brief not later than 14
                    days after service of the brief of the respondent, and
                    the court may not extend these deadlines, except for
                    good cause shown. If a petitioner fails to file a brief
                    within the time provided in this paragraph, the court
                    shall dismiss the appeal unless a manifest injustice
                    would result.
                        ``(E) Scope and standard for review.--The court of
                    appeals shall conduct a de novo review of the
                    administrative record on which the final determination
                    was based and any additional evidence that the Court
                    finds was previously unavailable at the time of the
                    administrative hearing.
                        ``(F) Exhaustion of administrative remedies.--A
                    court may review a final determination under paragraph
                    (3)(C) only if--
                                ``(i) the petitioner has exhausted all
                            administrative remedies available to the
                            petitioner as of right, including any
                            administrative remedies established by
                            regulation, and
                                ``(ii) another court has not decided the
                            validity of the order, unless the reviewing
                            court finds that the petition presents grounds
                            that could not have been presented in the prior
                            judicial proceeding or that the remedy provided
                            by the prior proceeding was inadequate or
                            ineffective to test the validity of the order.
                        ``(G) Enforcement of orders.--If the final
                    determination issued against the employer under this
                    subsection is not subjected to review as provided in
                    this paragraph, the Attorney General, upon request by
                    the Secretary, may bring a civil action to enforce
                    compliance with the final determination in any
                    appropriate district court of the United States. The
                    court, on a proper showing, shall issue a temporary
                    restraining order or a preliminary or permanent
                    injunction requiring that the employer comply with the
                    final determination issued against that employer under
                    this subsection. In any such civil action, the validity
                    and appropriateness of the final determination shall
                    not be subject to review
                ``(7) Creation of lien.--If any employer liable for a fee
            or penalty under this section neglects or refuses to pay such
            liability after demand and fails to file a petition for review
            (if applicable) as provided in paragraph (6), the amount of the
            fee or penalty shall be a lien in favor of the United States on
            all property and rights to property, whether real or personal,
            belonging to such employer. If a petition for review is filed
            as provided in paragraph (6), the lien shall arise upon the
            entry of a final judgment by the court. The lien continues for
            20 years or until the liability is satisfied, remitted, set
            aside, or terminated.
                ``(8) Filing notice of lien.--
                        ``(A) Place for filing.--The notice referred to in
                    paragraph (7) shall be filed as described in 1 of the
                    following:
                                ``(i) Under state laws.--
                                        ``(I) Real property.--In the case
                                    of real property, in 1 office within
                                    the State (or the county, or other
                                    governmental subdivision), as
                                    designated by the laws of such State,
                                    in which the property subject to the
                                    lien is situated.
                                        ``(II) Personal property.--In the
                                    case of personal property, whether
                                    tangible or intangible, in 1 office
                                    within the State (or the county, or
                                    other governmental subdivision), as
                                    designated by the laws of such State,
                                    in which the property subject to the
                                    lien is situated, except that State law
                                    merely conforming to or reenacting
                                    Federal law establishing a national
                                    filing system does not constitute a
                                    second office for filing as designated
                                    by the laws of such State.
                                ``(ii) With clerk of district court.--In
                            the office of the clerk of the United States
                            district court for the judicial district in
                            which the property subject to the lien is
                            situated, whenever the State has not by law
                            designated 1 office which meets the
                            requirements of clause (i).
                                ``(iii) With recorder of deeds of the
                            district of columbia.--In the office of the
                            Recorder of Deeds of the District of Columbia,
                            if the property subject to the lien is situated
                            in the District of Columbia.
                        ``(B) Situs of property subject to lien.--For
                    purposes of subparagraph (A), property shall be deemed
                    to be situated as follows:
                                ``(i) Real property.--In the case of real
                            property, at its physical location.
                                ``(ii) Personal property.--In the case of
                            personal property, whether tangible or
                            intangible, at the residence of the taxpayer at
                            the time the notice of lien is filed.
                        ``(C) Determination or residence.--For purposes of
                    subparagraph (A)(ii), the residence of a corporation or
                    partnership shall be deemed to be the place at which
                    the principal executive office of the business is
                    located, and the residence of a taxpayer whose
                    residence is outside the United States shall be deemed
                    to be in the District of Columbia.
                        ``(D) Effect of filing notice of lien.--
                                ``(i) In general.--Upon filing of a notice
                            of lien in the manner described in this
                            paragraph, the lien shall be valid against any
                            purchaser, holder of a security interest,
                            mechanic's lien, or judgment lien creditor,
                            except with respect to properties or
                            transactions specified in subsection (b), (c),
                            or (d) of section 6323 of the Internal Revenue
                            Code of 1986 for which a notice of tax lien
                            properly filed on the same date would not be
                            valid.
                                ``(ii) Notice of lien.--The notice of lien
                            shall be considered a notice of lien for taxes
                            payable to the United States for the purpose of
                            any State or local law providing for the filing
                            of a notice of a tax lien. A notice of lien
                            that is registered, recorded, docketed, or
                            indexed in accordance with the rules and
                            requirements relating to judgments of the
                            courts of the State where the notice of lien is
                            registered, recorded, docketed, or indexed
                            shall be considered for all purposes as the
                            filing prescribed by this section.
                                ``(iii) Other provisions.--The provisions
                            of section 3201(e) of title 28, United States
                            Code, shall apply to liens filed as prescribed
                            by this paragraph.
                        ``(E) Enforcement of a lien.--A lien obtained
                    through this paragraph shall be considered a debt as
                    defined by section 3002 of title 28, United States Code
                    and enforceable pursuant to chapter 176 of such title.
                ``(9) Attorney general adjudication.--The Attorney General
            shall have jurisdiction to adjudicate administrative
            proceedings under this subsection. Such proceedings shall be
            conducted in accordance with requirements of section 554 of
            title 5, United States Code.
        ``(f) Criminal and Civil Penalties and Injunctions.--
                ``(1) Prohibition of indemnity bonds.--It is unlawful for
            an employer, in the hiring of any individual, to require the
            individual to post a bond or security, to pay or agree to pay
            an amount, or otherwise to provide a financial guarantee or
            indemnity, against any potential liability arising under this
            section relating to such hiring of the individual.
                ``(2) Civil penalty.--Any employer who is determined, after
            notice and opportunity for mitigation of the monetary penalty
            under subsection (e), to have violated paragraph (1) shall be
            subject to a civil penalty of $10,000 for each violation and to
            an administrative order requiring the return of any amounts
            received in violation of such paragraph to the employee or, if
            the employee cannot be located, to the general fund of the
            Treasury.
        ``(g) Government Contracts.--
                ``(1) Contractors and recipients.--Whenever an employer who
            is a Federal contractor (meaning an employer who holds a
            Federal contract, grant, or cooperative agreement, or
            reasonably may be expected to submit an offer for or be awarded
            a government contract) is determined by the Secretary to have
            violated of this section more than 3 occasions or is convicted
            of a crime under this section, the employer shall be considered
            for debarment from the receipt of Federal contracts, grants, or
            cooperative agreements in accordance with the procedures and
            standards and for the periods prescribed by the Federal
            Acquisition Regulation. However, any administrative
            determination of liability for civil penalty by the Secretary
            or the Attorney General shall not be reviewable in any
            debarment proceeding.
                ``(2) Inadvertent violations.--Inadvertent violations of
            recordkeeping or verification requirements, in the absence of
            any other violations of this section, shall not be a basis for
            determining that an employer is a repeat violator for purposes
            of this subsection.
                ``(3) Other remedies available.--Nothing in this subsection
            shall be construed to modify or limit any remedy available to
            any agency or official of the Federal Government for violation
            of any contractual requirement to participate in the System, as
            provided in the final rule relating to employment eligibility
            verification published in the Federal Register on November 14,
            2008 (73 Fed. Reg. 67,651), or any similar subsequent
            regulation.
        ``(h) Preemption.--The provisions of this section preempt any State
    or local law, ordinance, policy, or rule, including any criminal or
    civil fine or penalty structure, relating to the hiring, continued
    employment, or status verification for employment eligibility purposes,
    of unauthorized aliens. A State, locality, municipality, or political
    subdivision may exercise its authority over business licensing and
    similar laws as a penalty for failure to use the System.
        ``(i) Deposit of Amounts Received.--Except as otherwise specified,
    civil penalties collected under this section shall be deposited by the
    Secretary into the Comprehensive Immigration Reform Trust Fund
    established under section 6 of the Border Security, Economic
    Opportunity, and Immigration Modernization Act.
        ``(j) Challenges to Validity of the System.--
                ``(1) In general.--Any right, benefit, or claim not
            otherwise waived or limited pursuant to this section is
            available in an action instituted in the United States District
            Court for the District of Columbia, but shall be limited to
            determinations of--
                        ``(A) whether this section, or any regulation
                    issued to implement this section, violates the
                    Constitution of the United States; or
                        ``(B) whether such a regulation issued by or under
                    the authority of the Secretary to implement this
                    section, is contrary to applicable provisions of this
                    section or was issued in violation of title 5, chapter
                    5, United States Code.
                ``(2) Deadlines for bringing actions.--Any action
            instituted under this subsection must be filed no later than
            180 days after the date the challenged section or regulation
            described in subparagraph (A) or (B) of paragraph (1) becomes
            effective. No court shall have jurisdiction to review any
            challenge described in subparagraph (B) after the time period
            specified in this subsection expires.
        ``(k) Criminal Penalties and Injunctions for Pattern or Practice
    Violations.--
                ``(1) Pattern and practice.--Any employer who engages in a
            pattern or practice of knowing violations of subsection
            (a)(1)(A) or (a)(2) shall be fined under title 18, United
            States Code, no more than $10,000 for each unauthorized alien
            with respect to whom such violation occurs, imprisoned for not
            more than 2 years for the entire pattern or practice, or both.
                ``(2) Term of imprisonment.--The maximum term of
            imprisonment of a person convicted of any criminal offense
            under the United States Code shall be increased by 5 years if
            the offense is committed as part of a pattern or practice of
            violations of subsection (a)(1)(A) or (a)(2).
                ``(3) Enjoining of pattern or practice violations.--
            Whenever the Secretary or the Attorney General has reasonable
            cause to believe that an employer is engaged in a pattern or
            practice of employment in violation of subsection (a)(1)(A) or
            (a)(2), the Attorney General may bring a civil action in the
            appropriate district court of the United States requesting such
            relief, including a permanent or temporary injunction,
            restraining order, or other order against the employer, as the
            Secretary or Attorney General deems necessary.
        ``(l) Criminal Penalties for Unlawful and Abusive Employment.--
                ``(1) In general.--Any person who, during any 12-month
            period, knowingly employs or hires, employs, recruits, or
            refers for employment 10 or more individuals within the United
            States who are under the control and supervision of such
            person--
                        ``(A) knowing that the individuals are unauthorized
                    aliens; and
                        ``(B) under conditions that violate section 5(a) of
                    the Occupational Safety and Health Act of 1970 (29
                    U.S.C. 654(a) (relating to occupational safety and
                    health), section 6 or 7 of the Fair Labor Standards Act
                    of 1938 (29 U.S.C. 206 and 207) (relating to minimum
                    wages and maximum hours of employment), section 3142 of
                    title 40, United States Code, (relating to required
                    wages on construction contracts), or sections 6703 or
                    6704 of title 41, United States Code, (relating to
                    required wages on service contracts)
            shall be fined under title 18, United States Code, or
            imprisoned for not more than 10 years, or both.
                ``(2) Attempt and conspiracy.--Any person who attempts or
            conspires to commit any offense under this section shall be
            punished in the same manner as a person who completes the
            offense.''.
        (b) Report on Use of the System in the Agricultural Industry.--Not
    later than 18 months after the date of the enactment of this Act, the
    Secretary shall submit to Congress a report that assesses
    implementation of the Employment Verification System established under
    section 274A(d) of the Immigration and Nationality Act, as amended by
    subsection (a), in the agricultural industry, including the use of such
    System technology in agriculture industry hiring processes, user,
    contractor, and third-party employer agent employment practices, timing
    and logistics regarding employment verification and reverification
    processes to meet agriculture industry practices, and identification of
    potential challenges and modifications to meet the unique needs of the
    agriculture industry. Such report shall review--
                (1) the modality of access, training and outreach, customer
            support, processes for further action notices and secondary
            verifications for short-term workers, monitoring, and
            compliance procedures for such System;
                (2) the interaction of such System with the process to
            admit nonimmigrant workers pursuant to section 218 or 218A of
            the Immigration and Nationality Act (8 U.S.C. 1188 et seq.) and
            with enforcement of the immigration laws; and
                (3) the collaborative use of processes of other Federal and
            State agencies that intersect with the agriculture industry.
        (c) Report on Impact of the System on Employers.--Not later than 18
    months after the date of the enactment of this Act, the Secretary shall
    submit to Congress a report that assesses--
                (1) the implementation of the Employment Verification
            System established under section 274A(d) of the Immigration and
            Nationality Act, as amended by subsection (a), by employers;
                (2) any adverse impact on the revenues, business processes,
            or profitability of employers required to use such System; and
                (3) the economic impact of such System on small businesses.
        (d) Government Accountability Office Study of the Effects of
    Document Requirements on Employment Authorized Persons and Employers.--
                (1) Study.--The Comptroller General of the United States
            shall carry out a study of the effects of the documentary
            requirements of section 274A of the Immigration and Nationality
            Act, as amended by subsection (a), on employers, nationals of
            the United States and individuals with employment authorized
            status, and challenges such employers, nationals or individuals
            may face in obtaining the documentation required by that
            section.
                (2) Report.--Not later than 4 years after the enactment of
            this Act, the Comptroller General shall submit to Congress a
            report containing the findings of the study carried out under
            paragraph (1). Such report shall include, at a minimum, the
            following:
                        (A) An assessment of available information
                    regarding the number of working age nationals of the
                    United States and individuals who have employment
                    authorized status who lack documents required for
                    employment by such section 274A.
                        (B) A description of the additional steps required
                    for individuals who have employment authorized status
                    and do not possess the documents required by such
                    section 274A to obtain such documents.
                        (C) A general assessment of the average financial
                    costs for individuals who have employment authorized
                    status who do not possess the documents required by
                    such section 274A to obtain such documents.
                        (D) A general assessment of the average financial
                    costs and challenged for employers who have been
                    required to participate in the Employment Verification
                    System established by subsection (d) of such section
                    274A.
                        (E) A description of the barriers to individuals
                    who have employment authorized status in obtaining the
                    documents required by such section 274A, including
                    barriers imposed by the executive branch of the
                    Government.
                        (F) Any particular challenges facing individuals
                    who have employment authorized status who are members
                    of a federally recognized Indian tribe in complying
                    with the provisions of such section 274A.
        (e) Repeal of Pilot Programs and E-Verify and Transition
    Procedures.--
                (1) Repeal.--Sections 401, 402, 403, 404, and 405 of the
            Illegal Immigration Reform and Immigrant Responsibility Act of
            1996 (division C of Public Law 104-208; 8 U.S.C. 1324a note)
            are repealed.
                (2) Transition procedures.--Any employer who was
            participating in the E-Verify Program described in section 403
            of the Illegal Immigration Reform and Immigrant Responsibility
            Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1324a
            note), as in effect on the minute before the date of the
            enactment of this Act, shall participate in the System
            described in subsection (d) of section 274A of the Immigration
            and Nationality Act, as amended by subsection (a) to the same
            extent and in the same manner that the employer participated in
            such E-Verify Program.
                (3) Construction.--The repeal made by paragraph (1) may not
            be construed to limit the authority of the Secretary to allow
            or continue to allow the participation in such System of
            employers who have participated in such E-Verify Program, as in
            effect on the day before the date of the enactment of this Act.
        (f) Conforming Amendment.--Paragraph (3) of section 274(a) (8
    U.S.C. 1324(a)) is repealed.

    SEC. 3102. INCREASING SECURITY AND INTEGRITY OF SOCIAL SECURITY CARDS.

        (a) Fraud-resistant, Tamper-resistant, Wear-resistant, and Identity
    Theft-resistant Social Security Cards.--
                (1) Issuance.--
                        (A) Preliminary work.--Not later than 180 days
                    after the date of the enactment of this title, the
                    Commissioner of Social Security shall begin work to
                    administer and issue fraud-resistant, tamper-resistant,
                    wear-resistant, and identity theft-resistant social
                    security cards.
                        (B) Completion.--Not later than 5 years after the
                    date of enactment of this title, the Commissioner of
                    Social Security shall issue only social security cards
                    determined to be fraud-resistant, tamper-resistant,
                    wear-resistant, and identity theft-resistant social
                    security cards.
                (2) Amendment.--Section 205(c)(2)(G) of the Social Security
            Act (42 U.S.C. 405(c)(2)(G)) is amended by striking the second
            sentence and inserting the following: ``The social security
            card shall be fraud-resistant, tamper-resistant, wear-
            resistant, and identity theft-resistant.''.
                (3) Appropriation.--Out of any money in the Treasury of the
            United States not otherwise appropriated, there is appropriated
            to the Commissioner of Social Security an additional amount for
            ``Limitation on Administrative Expenses'' for the purpose of
            carrying out the amendments made by this subsection,
            $1,000,000,000 for fiscal year 2014, to remain available until
            expended.
                (4) Emergency designation for congressional enforcement.--
            In the Senate, amounts made available under this subsection are
            designated as an emergency requirement pursuant to section
            403(a) of S. Con. Res. 13 (111th Congress), the concurrent
            resolution on the budget for fiscal year 2010.
                (5) Emergency designation for statutory paygo.--Amounts
            made available under this subsection are designated as an
            emergency requirement under section 4(g) of the Statutory Pay-
            As-You-Go Act of 2010 (Public Law 111-139; 2 U.S.C. 933(g)).
        (b) Multiple Cards.--Section 205(c)(2)(G) of the Social Security
    Act (42 U.S.C. 405(c)(2)(G)), as amended by subsection (a)(2), is
    amended--
                (1) by inserting ``(i)'' after ``(G)''; and
                (2) by adding at the end the following:
        ``(ii) The Commissioner of Social Security shall restrict the
    issuance of multiple replacement social security cards to any
    individual to 3 per year and 10 for the life of the individual, except
    that the Commissioner may allow for reasonable exceptions from the
    limits under this clause on a case-by-case basis in compelling
    circumstances.''.
        (c) Criminal Penalties.--
                (1) Social security fraud.--
                        (A) In general.--Chapter 47 of title 18, United
                    States Code, is amended by inserting at the end the
                    following:
    ``Sec. 1041. Social security fraud.
        ``Any person who--
                ``(1) knowingly possesses or uses a social security account
            number or social security card knowing that the number or card
            was obtained from the Commissioner of Social Security by means
            of fraud or false statement;
                ``(2) knowingly and falsely represents a number to be the
            social security account number assigned by the Commissioner of
            Social Security to him or her or to another person, when such
            number is known not to be the social security account number
            assigned by the Commissioner of Social Security to him or her
            or to such other person;
                ``(3) knowingly, and without lawful authority, buys, sells,
            or possesses with intent to buy or sell a social security
            account number or a social security card that is or purports to
            be a number or card issued by the Commissioner of Social
            Security;
                ``(4) knowingly alters, counterfeits, forges, or falsely
            makes a social security account number or a social security
            card;
                ``(5) knowingly uses, distributes, or transfers a social
            security account number or a social security card knowing the
            number or card to be intentionally altered, counterfeited,
            forged, falsely made, or stolen; or
                ``(6) without lawful authority, knowingly produces or
            acquires for any person a social security account number, a
            social security card, or a number or card that purports to be a
            social security account number or social security card,
    shall be fined under this title, imprisoned not more than 5 years, or
    both.''.
                        (B) Table of sections amendment.--The table of
                    sections for chapter 47 of title 18, United States
                    Code, is amended by adding after the item relating to
                    section 1040 the following:

    ``Sec. 1041. Social security fraud.''.
                (2) Information disclosure.--
                        (A) In general.--Notwithstanding any other
                    provision of law and subject to subparagraph (B), the
                    Commissioner of Social Security shall disclose for the
                    purpose of investigating a violation of section 1041 of
                    title 18, United States Code, or section 274A, section
                    274B, or section 274C of the Immigration and
                    Nationality Act (8 U.S.C. 1324a, 1324b, 1324c),
                    provided that such request is in writing and from an
                    officer in a supervisory position or higher official,
                    the following records of the Social Security
                    Administration to any Federal law enforcement agency
                    that requests such records:
                                (i) Records concerning the identity,
                            address, location, or financial institution
                            accounts of the holder of a social security
                            account number or social security card.
                                (ii) Records concerning the application for
                            and issuance of a social security account
                            number or social security card.
                                (iii) Records concerning the existence or
                            nonexistence of a social security account
                            number or social security card.
                        (B) Limitation.--The Commissioner of Social
                    Security shall not disclose any tax return or tax
                    return information pursuant to subparagraph (A) except
                    as authorized by section 6103 of the Internal Revenue
                    Code of 1986.

    SEC. 3103. INCREASING SECURITY AND INTEGRITY OF IMMIGRATION DOCUMENTS.

        Not later than 1 year after the date of the enactment of this Act,
    the Secretary shall submit a report to Congress on the feasibility,
    advantages, and disadvantages of including, in addition to a
    photograph, other biometric information on each employment
    authorization document issued by the Department.

    SEC. 3104. RESPONSIBILITIES OF THE SOCIAL SECURITY ADMINISTRATION.

        Title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is
    amended by adding at the end the following new part:

                       ``Part E--Employment Verification

           ``responsibilities of the commissioner of social security

        ``Sec. 1186.  (a) Confirmation of Employment Verification Data.--As
    part of the employment verification system established by the Secretary
    of Homeland Security under the provisions of section 274A of the
    Immigration and Nationality Act (8 U.S.C. 1324a) (in this section
    referred to as the `System'), the Commissioner of Social Security
    shall, subject to the provisions of section 274A(d) of the Immigration
    and Nationality Act (8 U.S.C. 1324a(d)), establish a reliable, secure
    method that, operating through the System and within the time periods
    specified in section 274A(d) of such Act--
                ``(1) compares the name, date of birth, social security
            account number, and available citizenship information provided
            in an inquiry against such information maintained by the
            Commissioner in order to confirm (or not confirm) the validity
            of the information provided regarding an individual whose
            identity and employment eligibility must be confirmed;
                ``(2) determines the correspondence of the name, date of
            birth, and number;
                ``(3) determines whether the name and number belong to an
            individual who is deceased according to the records maintained
            by the Commissioner;
                ``(4) determines whether an individual is a national of the
            United States, as defined in section 101(a)(22) of the
            Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); and
                ``(5) determines whether the individual has presented a
            social security account number that is not valid for
            employment.
        ``(b) Prohibition.--The System shall not disclose or release social
    security information to employers through the confirmation system
    (other than such confirmation or nonconfirmation, information provided
    by the employer to the System, or the reason for the issuance of a
    further action notice).''.

    SEC. 3105. IMPROVED PROHIBITION ON DISCRIMINATION BASED ON NATIONAL
                  ORIGIN OR CITIZENSHIP STATUS.

        (a) In General.--Section 274B(a) (8 U.S.C. 1324b) is amended to
    read as follows:
        ``(a) Prohibition on Discrimination Based on National Origin or
    Citizenship Status.--
                ``(1) Prohibition on discrimination generally.--It is an
            unfair immigration-related employment practice for a person,
            other entity, or employment agency, to discriminate against any
            individual (other than an unauthorized alien defined in section
            274A(b)) because of such individual's national origin or
            citizenship status, with respect to the following:
                        ``(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 from
                    employment.
                ``(2) Exceptions.--Paragraph (1) shall not apply to the
            following:
                        ``(A) A person, other entity, or employer that
                    employs 5 or fewer employees, except for an employment
                    agency.
                        ``(B) A person's or entity's discrimination because
                    of an individual's national origin if the
                    discrimination with respect to that employer, person,
                    or entity and that individual is covered under section
                    703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
                    2), unless the discrimination is related to an
                    individual's verification of employment authorization.
                        ``(C) Discrimination because of citizenship status
                    which--
                                ``(i) is otherwise required in order to
                            comply with a provision of Federal, State, or
                            local law related to law enforcement;
                                ``(ii) is required by Federal Government
                            contract; or
                                ``(iii) the Secretary or Attorney General
                            determines to be essential for an employer to
                            do business with an agency or department of the
                            Federal Government or a State, local, or tribal
                            government.
                ``(3) Additional exception providing right to prefer
            equally qualified citizens.--Notwithstanding any other
            provision of this section, it is not an unfair immigration-
            related employment practice for an employer (as defined in
            section 274A(b)) to prefer to hire, recruit, or refer an
            individual who is a citizen or national of the United States
            over another individual who is an alien if the 2 individuals
            are equally qualified.
                ``(4) Unfair immigration-related employment practices
            relating to the system.--It is also an unfair immigration-
            related employment practice for a person, other entity, or
            employment agency--
                        ``(A) to discharge or constructively discharge an
                    individual solely due to a further action notice issued
                    by the Employment Verification System created by
                    section 274A until the administrative appeal described
                    in section 274A(d)(6) is completed;
                        ``(B) to use the System with regard to any person
                    for any purpose except as authorized by section
                    274A(d);
                        ``(C) to use the System to reverify the employment
                    authorization of a current employee, including an
                    employee continuing in employment, other than
                    reverification in a situation authorized by regulation
                    on the date of the enactment of the Border Security,
                    Economic Opportunity, and Immigration Modernization
                    Act, reverification upon expiration of employment
                    authorization, or as otherwise authorized under section
                    274A(d) or by regulation;
                        ``(D) to use the System selectively for employees,
                    except where authorized by law;
                        ``(E) to fail to provide to an individual any
                    notice required in section 274A(d) within the relevant
                    time period;
                        ``(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;
                        ``(H) to require an employee or prospective
                    employee to use any self-verification feature of the
                    System or provide, as a condition of application or
                    employment, any self-verification results;
                        ``(I) to use an immigration status verification
                    system, service, or method other than those described
                    in section 274A for purposes of verifying employment
                    eligibility; or
                        ``(J) to grant access to document verification or
                    System data, to any individual or entity other than
                    personnel authorized to have such access, or to fail to
                    take reasonable safeguards to protect against
                    unauthorized loss, use, alteration, or destruction of
                    System data.
                ``(5) Prohibition of intimidation or retaliation.--It is
            also an unfair immigration-related employment practice for a
            person, other entity, or employment agency to intimidate,
            threaten, coerce, or retaliate against any individual--
                        ``(A) for the purpose of interfering with any right
                    or privilege secured under this section; or
                        ``(B) because the individual intends to file or has
                    filed a charge or a complaint, testified, assisted, or
                    participated in any manner in an investigation,
                    proceeding, or hearing under this section.
                ``(6) Treatment of certain documentary practices as
            employment practices.--A person's, other entity's, or
            employment agency's request, for purposes of verifying
            employment eligibility, for more or different documents than
            are required under section 274A, or for specific documents, or
            refusing to honor documents tendered that reasonably appear to
            be genuine shall be treated as an unfair immigration-related
            employment practice.
                ``(7) Employment agency defined.--In this section, the term
            `employment agency' means any employer, person, or entity
            regularly undertaking with or without compensation to procure
            employees for an employer or to procure for employees
            opportunities to work for an employer and includes an agent of
            such employer, person, or entity.''.
        (b) Referral by EEOC.--Section 274B(b) (8 U.S.C. 1324b(b)) is
    amended by adding at the end the following:
                ``(3) Referral by eeoc.--The Equal Employment Opportunity
            Commission shall refer all matters alleging immigration-related
            unfair employment practices filed with the Commission,
            including those alleging violations of paragraphs (1), (4),
            (5), and (6) of subsection (a) to the Special Counsel for
            Immigration-Related Unfair Employment Practices of the
            Department of Justice.'';
        (c) Authorization of Appropriations.--Section 274B(l)(3) (8 U.S.C.
    1324b(l)(3)), is amended by striking the period at the end and
    inserting ``and an additional $40,000,000 for each of fiscal years 2014
    through 2016.''.
        (d) Fines.--
                (1) In general.--Section 274B(g)(2)(B) (8 U.S.C.
            1324b(g)(2)(B)) is amended by striking clause (vi) and
            inserting the following:
                                ``(iv) to pay any applicable civil
                            penalties prescribed below, the amounts of
                            which may be adjusted periodically to account
                            for inflation as provided by law--
                                        ``(I) except as provided in
                                    subclauses (II) through (IV), to pay a
                                    civil penalty of not less than $2,000
                                    and not more than $5,000 for each
                                    individual subjected to an unfair
                                    immigration-related employment
                                    practice;
                                        ``(II) except as provided in
                                    subclauses (III) and (IV), in the case
                                    of an employer, person, or entity
                                    previously subject to a single order
                                    under this paragraph, to pay a civil
                                    penalty of not less than $4,000 and not
                                    more than $10,000 for each individual
                                    subjected to an unfair immigration-
                                    related employment practice;
                                        ``(III) except as provided in
                                    subclause (IV), in the case of an
                                    employer, person, or entity previously
                                    subject to more than 1 order under this
                                    paragraph, to pay a civil penalty of
                                    not less than $8,000 and not more than
                                    $25,000 for each individual subjected
                                    to an unfair immigration-related
                                    employment practice; and
                                        ``(IV) in the case of an unfair
                                    immigration-related employment practice
                                    described in paragraphs (4) through (6)
                                    of subsection (a), to pay a civil
                                    penalty of not less than $500 and not
                                    more than $2,000 for each individual
                                    subjected to an unfair immigration-
                                    related employment practice.''.
                (2) Effective date.--The amendment made by paragraph (1)
            shall take effect on the date that is 1 year after the date of
            the enactment of this Act and apply to violations occurring on
            or after such date of enactment.

    SEC. 3106. RULEMAKING.

        (a) Interim Final Regulations.--
                (1) In general.--Not later than 1 year after the date of
            the enactment of this Act--
                        (A) the Secretary, shall issue regulations
                    implementing sections 3101, 3104, and 3105, and the
                    amendments made by such sections; and
                        (B) the Attorney General shall issue regulations
                    implementing section 3102 and the amendment made by
                    such section.
                (2) Effective date.--Regulations issued pursuant to
            paragraph (1) shall be effective immediately on an interim
            basis, but are subject to change and revision after public
            notice and opportunity for a period for public comment.
        (b) Final Regulations.--Within a reasonable time after publication
    of the interim regulations under subsection (a), the Secretary, in
    consultation with the Commissioner of Social Security and the Attorney
    General, shall publish final regulations implementing this subtitle.

                  Subtitle B--Protecting United States Workers

    SEC. 3201. PROTECTIONS FOR VICTIMS OF SERIOUS VIOLATIONS OF LABOR AND
                  EMPLOYMENT LAW OR CRIME.

        (a) In General.--Section 101(a)(15)(U) (8 U.S.C. 1101(a)(15)(U)) is
    amended--
                (1) in clause (i)--
                        (A) by amending subclause (I) to read as follows:
                                ``(I) the alien--
                                        ``(aa) has suffered substantial
                                    physical or mental abuse or substantial
                                    harm as a result of having been a
                                    victim of criminal activity described
                                    in clause (iii) or of a covered
                                    violation described in clause (iv); or
                                        ``(bb) is a victim of criminal
                                    activity described in clause (iii) or
                                    of a covered violation described in
                                    clause (iv) and would suffer extreme
                                    hardship upon removal;'';
                        (B) in subclause (II), by inserting ``, or a
                    covered violation resulting in a claim described in
                    clause (iv) that is not the subject of a frivolous
                    lawsuit by the alien'' before the semicolon at the end;
                    and
                        (C) by amending subclauses (III) and (IV) to read
                    as follows:
                                ``(III) the alien (or in the case of an
                            alien child who is younger than 16 years of
                            age, the parent, guardian, or next friend of
                            the alien) has been helpful, is being helpful,
                            or is likely to be helpful to--
                                        ``(aa) a Federal, State, or local
                                    law enforcement official, a Federal,
                                    State, or local prosecutor, a Federal,
                                    State, or local judge, the Department
                                    of Homeland Security, the Equal
                                    Employment Opportunity Commission, the
                                    Department of Labor, or other Federal
                                    or, State, or local authorities
                                    investigating or prosecuting criminal
                                    activity described in clause (iii); or
                                        ``(bb) any Federal, State, or local
                                    governmental agency investigating,
                                    prosecuting, or seeking civil remedies
                                    for any cause of action, whether
                                    criminal, civil, or administrative,
                                    arising from a covered violation
                                    described in clause (iv) and presents a
                                    certification from such Federal, State,
                                    or local governmental agency attesting
                                    that the alien has been helpful, is
                                    being helpful, or is likely to be
                                    helpful to such agency in the
                                    investigation, prosecution, or
                                    adjudication arising from a covered
                                    violation described in clause (iv); and
                                ``(IV) the criminal activity described in
                            clause (iii) or the covered violation described
                            in clause (iv)--
                                        ``(aa) violated the laws of the
                                    United States; or
                                        ``(bb) occurred in the United
                                    States (including Indian country and
                                    military installations) or the
                                    territories and possessions of the
                                    United States;'';
                (2) in clause (ii)(II), by striking ``and'' at the end;
                (3) by moving clause (iii) 2 ems to the left;
                (4) in clause (iii)--
                        (A) by inserting ``stalking, child abuse when the
                    alien is a minor;'' after ``sexual exploitation;'';
                        (B) by inserting ``fraud in foreign labor
                    contracting;'' before ``peonage;''; and
                        (C) by striking ``or'' at the end and inserting
                    ``and''; and
                (5) by adding at the end the following:
                ``(iv) a covered violation referred to in this clause is--
                        ``(I) a serious violation involving 1 or more of
                    the following or any similar activity in violation of
                    any Federal, State, or local law, serious workplace
                    abuse, exploitation, retaliation, or violation of
                    whistleblower protections;
                        ``(II) a violation giving rise to a civil cause of
                    action under section 1595 of title 18, United States
                    Code; or
                        ``(III) a violation resulting in the deprivation of
                    due process or constitutional rights.''.
        (b) Savings Provision.--Nothing in section 101(a)(15)(U)(iv)(III)
    of the Immigration and Nationality Act, as added by subsection (a), may
    be construed as altering the definition of retaliation or
    discrimination under any other provision of law.
        (c) Temporary Stay of Removal.--Section 274A (8 U.S.C. 1324a), as
    amended by section 3101, is further amended--
                (1) in subsection (e) by adding at the end the following:
                ``(10) Conduct in enforcement actions.--If the Secretary
            undertakes an enforcement action at a facility about which a
            bona fide workplace claim has been filed or is
            contemporaneously filed, or as a result of information provided
            to the Secretary in retaliation against employees for
            exercising their rights related to a bona fide workplace claim,
            the Secretary shall ensure that--
                        ``(A) any aliens arrested or detained who are
                    necessary for the investigation or prosecution of a
                    bona fide workplace claim violations or criminal
                    activity (as described in subparagraph (T) or (U) of
                    section 101(a)(15)) are not removed from the United
                    States until after the Secretary--
                                ``(i) notifies the appropriate law
                            enforcement agency with jurisdiction over such
                            violations or criminal activity; and
                                ``(ii) provides such agency with the
                            opportunity to interview such aliens;
                        ``(B) no aliens entitled to a stay of removal or
                    abeyance of removal proceedings under this section are
                    removed; and
                        ``(C) the Secretary shall stay the removal of an
                    alien who--
                                ``(i) has filed a covered violation
                            described in clause (iv) of section
                            101(a)(15)(U) and is the victim of the same
                            violations under an existing investigation;
                                ``(ii) is a material witness in any pending
                            or anticipated proceeding involving a bona fide
                            workplace claim or civil rights claim; or
                                ``(iii) has filed for relief under such
                            section if the alien has is working with law
                            enforcement as described in clause (i)(III) of
                            such section.''; and
                (2) by adding at the end the following:
        ``(m) Victims of Criminal Activity or Labor and Employment
    Violations.--The Secretary of Homeland Security may permit an alien to
    remain temporarily in the United States and authorize the alien to
    engage in employment in the United States if the Secretary determines
    that the alien--
                ``(1) has filed for relief under section 101(a)(15)(U); or
                ``(2)(A) has filed, or is a material witness to, a bona
            fide claim or proceedings resulting from a covered violation
            (as defined in section 101(a)(15)(U)(iv)); and
                ``(B) has been helpful, is being helpful, or is likely to
            be helpful, in the investigation, prosecution of, or pursuit of
            civil remedies related to the claim arising from a covered
            violation, to--
                        ``(i) a Federal, State, or local law enforcement
                    official;
                        ``(ii) a Federal, State, or local prosecutor;
                        ``(iii) a Federal, State, or local judge;
                        ``(iv) the Department of Homeland Security;
                        ``(v) the Equal Employment Opportunity Commission;
                    or
                        ``(vi) the Department of Labor.''.
        (d) Conforming Amendments.--Section 214(p) (8 U.S.C. 1184(p)) is
    amended--
                (1) in paragraph (1), by striking ``in section
            101(a)(15)(U)(iii).'' both places it appears and inserting ``in
            clause (iii) of section 101(a)(15)(U) or investigating,
            prosecuting, or seeking civil remedies for claims resulting
            from a covered violation described in clause (iv) of such
            section.''; and
                (2) in the first sentence of paragraph (6)--
                        (A) by striking ``in section 101(a)(15)(U)(iii)''
                    and inserting ``in clause (iii) of section
                    101(a)(15)(U) or claims resulting from a covered
                    violation described in clause (iv) of such section'';
                    and
                        (B) by inserting ``or claim arising from a covered
                    violation'' after ``prosecution of such criminal
                    activity''.
        (e) Modification of Limitation on Authority To Adjust Status for
    Victims of Crimes.--Section 245(m)(1) (8 U.S.C. 1255(m)(1)) is amended,
    in the matter before subparagraph (A), by inserting ``or an
    investigation or prosecution regarding a workplace or civil rights
    claim'' after ``prosecution''.
        (f) Expansion of Limitation on Sources of Information That May Be
    Used To Make Adverse Determinations.--
                (1) In general.--Section 384(a)(1) of the Illegal
            Immigration Reform and Immigrant Responsibility Act of 1996 (8
            U.S.C. 1367(a)(1)) is amended--
                        (A) in each of subparagraphs (A) through (D), by
                    striking the comma at the end and inserting a
                    semicolon;
                        (B) subparagraph (E), by striking ``the criminal
                    activity,'' and inserting ``abuse and the criminal
                    activity or bona fide workplace claim (as defined in
                    subsection (e));'';
                        (C) in subparagraph (F), by striking ``, the
                    trafficker or perpetrator,'' and inserting ``), the
                    trafficker or perpetrator; or''; and
                        (D) by inserting after subparagraph (F) the
                    following:
                        ``(G) the alien's employer,''.
                (2) Workplace claim defined.--Section 384 of the Illegal
            Immigration Reform and Immigrant Responsibility Act of 1996 (8
            U.S.C. 1367) is amended by adding at the end the following:
        ``(e) Workplace Claims.--
                ``(1) Workplace claims defined.--
                        ``(A) In general.--In section (a)(1), the term
                    `workplace claim' means any claim, petition, charge,
                    complaint, or grievance filed with, or submitted to, a
                    Federal, State, or local agency or court, relating to
                    the violation of applicable Federal, State, or local
                    labor or employment laws.
                        ``(B) Constructions.--Subparagraph (A) may not be
                    construed to alter what constitutes retaliation or
                    discrimination under any other provision of law.
                ``(2) Penalty for false claims.--Any person who knowingly
            presents a false or fraudulent claim to a law enforcement
            official in relation to a covered violation for the purpose of
            obtaining a benefit under this section shall be subject to a
            civil penalty of not more than $1,000.
                ``(3) Limitation on stay of adverse determinations.--In the
            case of an alien applying for status under section
            101(a)(15)(U) of the Immigration and Nationality Act and
            seeking relief under this section, the prohibition on adverse
            determinations under subsection (a) shall expire on the date
            that the alien's application for status under such section is
            denied and all opportunities for appeal of the denial have been
            exhausted.''.
        (g) Removal Proceedings.--Section 239(e) (8 U.S.C. 1229(e)) is
    amended--
                (1) in paragraph (1)--
                        (A) by striking ``In cases where'' and inserting
                    ``If''; and
                        (B) by striking ``paragraph (2),'' and inserting
                    ``paragraph (2) or as a result of information provided
                    to the Secretary of Homeland Security in retaliation
                    against individuals for exercising or attempting to
                    exercise their employment rights or other legal
                    rights,''; and
                (2) in paragraph (2), by adding at the end the following:
                        ``(C) At a facility about which a bona fide
                    workplace claim has been filed or is contemporaneously
                    filed.''.

    SEC. 3202. EMPLOYMENT VERIFICATION SYSTEM EDUCATION FUNDING.

        (a) Disposition of Civil Penalties.--Penalties collected under
    subsections (e)(4) and (f)(3) of section 274A of the Immigration and
    Nationality Act, amended by section 3101, shall be deposited, as
    offsetting receipts, into the Comprehensive Immigration Reform Trust
    Fund established under section 6(a)(1).
        (b) Expenditures.--Amounts deposited into the Trust Fund under
    subsection (a) shall be made available to the Secretary to provide
    education to employers and employees regarding the requirements,
    obligations, and rights under the Employment Verification System.
        (c) Determination of Budgetary Effects.--
                (1) Emergency designation for congressional enforcement.--
            In the Senate, amounts made available under this section are
            designated as an emergency requirement pursuant to section
            403(a) of S. Con. Res. 13 (111th Congress), the concurrent
            resolution on the budget for fiscal year 2010.
                (2) Emergency designation for statutory paygo.--Amounts
            made available under this section are designated as an
            emergency requirement under section 4(g) of the Statutory Pay-
            As-You-Go Act of 2010 (Public Law 111-139; 2 U.S.C. 933(g)).

    SEC. 3203. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.

        (a) In General.--Pursuant to its authority under section 994 of
    title 28, United States Code, and in accordance with subsection (b),
    the United States Sentencing Commission shall promulgate sentencing
    guidelines or amend existing sentencing guidelines to modify, if
    appropriate, the penalties imposed on persons convicted of offenses
    under--
                (1) section 274A of the Immigration and Nationality Act (8
            U.S.C. 1324a), as amended by section 3101;
                (2) section 16 of the Fair Labor Standards Act of 1938 (29
            U.S.C. 216); and
                (3) any other Federal law covering similar conduct.
        (b) Requirements.--In carrying out subsection (a), the Sentencing
    Commission shall provide sentencing enhancements for any person
    convicted of an offense described in subsection (a) if such offense
    involves--
                (1) the intentional confiscation of identification
            documents;
                (2) corruption, bribery, extortion, or robbery;
                (3) sexual abuse;
                (4) serious bodily injury;
                (5) an intent to defraud; or
                (6) a pattern of conduct involving multiple violations of
            law that--
                        (A) creates, through knowing and intentional
                    conduct, a risk to the health or safety of any victim;
                    or
                        (B) denies payments due to victims for work
                    completed.

    SEC. 3204. CONFIDENTIALITY FOR VICTIMS OF CRIME.

        Section 384 of the Illegal Immigration Reform and Immigrant
    Responsibility Act of 1996 (8 U.S.C. 1367) is amended--
                (1) in subsection (a)--
                        (A) in the matter preceding paragraph (1)--
                                (i) by striking ``in no case may''; and
                                (ii) by inserting ``or, with respect to
                            subparagraphs (E) and (F) and paragraph (2),
                            any other official or employee of a certifying
                            agency, may not'' after ``Departments)''; and
                        (B) in paragraph (2), by striking ``who is a
                    beneficiary of an application'' and inserting
                    ``applying for''; and
                (2) in subsection (b)--
                        (A) in paragraph (4), by striking ``battered''; and
                        (B) by adding at the end the following:
                ``(8)(A) Subsection (a)(2) may not be construed to prevent
            the disclosure of--
                        ``(i) information that prosecutors are
                    constitutionally obligated to disclose to provide
                    statements by witnesses and certain other documents to
                    defendants in a pending Federal criminal proceeding; or
                        ``(ii) information in a civil proceeding in which a
                    judge orders that such information be disclosed in
                    connection with a witness testifying in such
                    proceeding.
                ``(B) All information disclosed during litigation pursuant
            to the exception set forth in this paragraph for any purpose
            other than the purpose ordered in the proceeding--
                        ``(i) may not be disclosed to any nonrequired
                    party;
                        ``(ii) shall be filed under seal, with all
                    personally identifying information redacted except the
                    witness's first name; and
                        ``(iii) shall be returned to the disclosing party
                    at the conclusion of the proceeding.''.

                          Subtitle C--Other Provisions

    SEC. 3301. FUNDING.

        (a) Establishment of the Interior Enforcement Account.--There is
    hereby established in the Treasury of the United States an account
    which shall be known as the Interior Enforcement Account.
        (b) Appropriations.--There are authorized to be appropriated to the
    Interior Enforcement Account $1,000,000,000 to carry out this title and
    the amendments made by this title, including the following
    appropriations:
                (1) In each of the 5 years beginning on the date of the
            enactment of this Act, the appropriations necessary to increase
            to a level not less than 5,000, by the end of such 5-year
            period, the total number of personnel of the Department
            assigned exclusively or principally to an office or offices in
            U.S. Citizenship and Immigration Services and U.S. Immigration
            and Customs Enforcement (and consistent with the missions of
            such agencies), dedicated to administering the System, and
            monitoring and enforcing compliance with sections 274A, 274B,
            and 274C of the Immigration and Nationality Act (8 U.S.C.
            1324a, 1324b, and 1324c), including compliance with the
            requirements of the Electronic Verification System established
            under section 274A(d) of the Immigration and Nationality Act (8
            U.S.C. 1324a(d)), as amended by section 3101. Such personnel
            shall perform compliance and monitoring functions, including
            the following:
                        (A) Verify compliance of employers participating in
                    such System with the requirements for participation
                    that are prescribed by the Secretary.
                        (B) Monitor such System for multiple uses of social
                    security account numbers and immigration identification
                    numbers that could indicate identity theft or fraud.
                        (C) Monitor such System to identify discriminatory
                    or unfair practices.
                        (D) Monitor such System to identify employers who
                    are not using such System properly, including employers
                    who fail to make available appropriate records with
                    respect to their queries and any notices of
                    confirmation, nonconfirmation, or further action.
                        (E) Identify instances in which an employee alleges
                    that an employer violated the employee's privacy or
                    civil rights, or misused such System, and create
                    procedures for an employee to report such an
                    allegation.
                        (F) Analyze and audit the use of such System and
                    the data obtained through such System to identify fraud
                    trends, including fraud trends across industries,
                    geographical areas, or employer size.
                        (G) Analyze and audit the use of such System and
                    the data obtained through such System to develop
                    compliance tools as necessary to respond to changing
                    patterns of fraud.
                        (H) Provide employers with additional training and
                    other information on the proper use of such System,
                    including training related to privacy and employee
                    rights.
                        (I) Perform threshold evaluation of cases for
                    referral to the Special Counsel for Immigration-Related
                    Unfair Employment Practices of the Department of
                    Justice or the Equal Employment Opportunity Commission,
                    and other officials or agencies with responsibility for
                    enforcing anti-discrimination, civil rights, privacy,
                    or worker protection laws, as may be appropriate.
                        (J) Any other compliance and monitoring activities
                    that the Secretary determines are necessary to ensure
                    the functioning of such System.
                        (K) Investigate identity theft and fraud detected
                    through such System and undertake the necessary
                    enforcement or referral actions.
                        (L) Investigate use of or access to fraudulent
                    documents and undertake the necessary enforcement
                    actions.
                        (M) Perform any other investigations that the
                    Secretary determines are necessary to ensure the lawful
                    functioning of such System, and undertake any
                    enforcement actions necessary as a result of such
                    investigations.
                (2) The appropriations necessary to acquire, install, and
            maintain technological equipment necessary to support the
            functioning of such System and the connectivity between U.S.
            Citizenship and Immigration Services and U.S. Immigration and
            Customs Enforcement, the Department of Justice, and other
            agencies or officials with respect to the sharing of
            information to support such System and related immigration
            enforcement actions.
                (3) The appropriations necessary to establish a robust
            redress process for employees who wish to appeal contested
            nonconfirmations to ensure the accuracy and fairness of such
            System.
                (4) The appropriations necessary to provide a means by
            which individuals may access their own employment authorization
            data to ensure the accuracy of such data, independent of an
            individual's employer.
                (5) To carry out the identity authentication mechanisms
            described in section 274A(c)(1)(F) of the Immigration and
            Nationality Act, as amended by section 3101(a).
                (6) The appropriations necessary for the Office for Civil
            Rights and Civil Liberties and the Office of Privacy of the
            Department to perform the responsibilities of such Offices
            related to such System.
                (7) The appropriations necessary to make grants to States
            to support the States in assisting the Federal Government in
            carrying out the provisions of this title and the amendments
            made by this title.
        (c) Authorization of Appropriations to the Commissioner of Social
    Security.--
                (1) In general.--There are authorized to be appropriated to
            the Commissioner of Social Security such sums as may be
            necessary to carry out the provisions of this title and the
            amendments made by this title.
                (2) Prohibition on use of trust funds.--In no case shall
            the Commissioner expend funds from the Old Age and Survivors
            Trust Fund or the Disability Trust Fund for expenses related to
            administration of this title or the amendments made by this
            title.
        (d) Authorization of Appropriations to the Attorney General.--There
    are authorized to be appropriated to the Attorney General such sums as
    may be necessary to carry out the provisions of this title and the
    amendments made by this title, including enforcing compliance with
    section 274B of the Immigration and Nationality Act, as amended by
    section 3105 of this Act.
        (e) Authorization of Appropriations to the Secretary of State.--
    There are authorized to be appropriated to the Secretary of State such
    sums as may be necessary to carry out the provisions of this title and
    the amendments made by this title.

    SEC. 3302. EFFECTIVE DATE.

        Except as otherwise specifically provided, this title and the
    amendments made by this title shall take effect on the date of the
    enactment of this Act.

    SEC. 3303. MANDATORY EXIT SYSTEM.

        (a) Establishment.--Not later than December 31, 2015, the Secretary
    shall establish a mandatory exit data system that shall include a
    requirement for the collection of data from machine-readable visas,
    passports, and other travel and entry documents for all categories of
    aliens who are exiting from air and sea ports of entry.
        (b) Integration and Interoperability.--
                (1) Integration of data system.--The Secretary shall fully
            integrate all data from databases and data systems that process
            or contain information on aliens, which are maintained by--
                        (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;
                        (B) the Department of Justice, at the Executive
                    Office for Immigration Review; and
                        (C) the Department of State, at the Bureau of
                    Consular Affairs.
                (2) Interoperable component.--The fully integrated data
            system under paragraph (1) shall be an interoperable component
            of the exit data system.
                (3) Interoperable data system.--The Secretary shall fully
            implement an interoperable electronic data system to provide
            current and immediate access to information in the databases of
            Federal law enforcement agencies and the intelligence community
            that is relevant to determine--
                        (A) whether to issue a visa; or
                        (B) the admissibility or deportability of an alien.
                (4) Training.--The Secretary shall establish ongoing
            training modules on immigration law to improve adjudications at
            United States ports of entry, consulates, and embassies.

    SEC. 3304. IDENTITY-THEFT RESISTANT MANIFEST INFORMATION FOR
                  PASSENGERS, CREW, AND NON-CREW ONBOARD DEPARTING AIRCRAFT
                  AND VESSELS.

        (a) Definitions.--Except as otherwise specifically provided, in
    this section:
                (1) Identity-theft resistant collection location.--The term
            ``identity-theft resistant collection location'' means a
            location within an airport or seaport--
                        (A) within the path of the departing alien, such
                    that the alien would not need to significantly deviate
                    from that path to comply with exit requirements at
                    which air or vessel carrier employees, as applicable,
                    either present or routinely available if an alien needs
                    processing assistance; and
                        (B) which is equipped with technology that is able
                    to securely transmit identity-theft resistant departure
                    manifest information to the Department.
                (2) US-VISIT.--The term ``US-VISIT'' means the United
            States-Visitor and Immigrant Status Indicator Technology
            system.
        (b) Identity Theft Resistant Manifest Information.--
                (1) Passport or visa collection requirement.--Except as
            provided in paragraph (c), an appropriate official of each
            commercial aircraft or vessel departing from the United States
            to any port or place outside the United States shall ensure
            transmission to U.S. Customs and Border Protection of identity-
            theft resistant departure manifest information covering alien
            passengers, crew, and non-crew. Such identity-theft resistant
            departure manifest information--
                        (A) shall be transmitted to U.S. Customs and Border
                    Protection at the place and time specified in
                    subparagraph (3) by means approved by the Secretary;
                    and
                        (B) shall set forth the information specified in
                    paragraph (4) or other information as required by the
                    Secretary.
                (2) Manner of collection.--Carriers boarding alien
            passengers, crew, and non-crew subject to the requirement to
            provide information upon departure US-VISIT processing shall
            collect identity-theft resistant departure manifest information
            from each alien at a collection location at the airport or
            seaport before boarding that alien on transportation for
            departure from the United States, at a time close to the
            originally scheduled departure of that passenger's aircraft or
            sea vessel as practicable.
                (3) Time and manner of submission.--
                        (A) In general.--The appropriate official specified
                    in paragraph (1) shall ensure transmission of the
                    identity-theft resistant departure manifest information
                    required and collected under paragraphs (1) and (2) to
                    the Data Center or Headquarters U.S. Customs and Border
                    Protection, or such other data center as may be
                    designated.
                        (B) Transmission.--The biometric departure
                    information may be transmitted to the Department over
                    any means of communication authorized by the Secretary
                    for the transmission of other electronic manifest
                    information containing personally identifiable
                    information and under transmission standards currently
                    applicable to other electronic manifest information.
                        (C) Submission along with other information.--Files
                    containing the identity-theft resistant departure
                    manifest information--
                                (i) may be sent with other electronic
                            manifest data prior to departure or may be sent
                            separately from any topically related
                            electronic manifest data; and
                                (ii) may be sent in batch mode.
                (4) Information required.--The identity-theft resistant
            departure information required under paragraphs (1) through (3)
            for each covered passenger or crew member shall contain alien
            data from machine-readable visas, passports, and other travel
            and entry documents issued to the alien.
        (c) Exception.--The identity-theft resistant departure manifest
    information specified in this section is not required for any alien
    active duty military personnel traveling as passengers on board a
    departing Department of Defense commercial chartered aircraft.
        (d) Carrier Maintenance and Use of Identity-theft Resistant
    Departure Manifest Information.--Carrier use of identity-theft
    resistant departure manifest information for purposes other than as
    described in standards set by the Secretary is prohibited. Carriers
    shall immediately notify the Chief Privacy Officer of the Department in
    writing in event of unauthorized use or access, or breach, of identity-
    theft resistant departure manifest information.
        (e) Collection at Specified Location.--If the Secretary determines
    that an air or vessel carrier has not adequately complied with the
    provisions of this section, the Secretary may, in the Secretary's
    discretion, require the air or vessel carrier to collect identity-theft
    resistant departure manifest information at a specific location prior
    to the issuance of a boarding pass or other document on the
    international departure, or the boarding of crew, in any port through
    which the carrier boards aliens for international departure under the
    supervision of the Secretary for such period as the Secretary considers
    appropriate to ensure the adequate collection and transmission of
    biometric departure manifest information.
        (f) Funding.--There shall be appropriated to the Interior
    Enforcement Account $500,000,000 to reimburse carriers for their
    reasonable actual expenses in carrying out their duties as described in
    this section.
        (g) Determination of Budgetary Effects.--
                (1) Emergency designation for congressional enforcement.--
            In the Senate, amounts made available under this section are
            designated as an emergency requirement pursuant to section
            403(a) of S. Con. Res. 13 (111th Congress), the concurrent
            resolution on the budget for fiscal year 2010.
                (2) Emergency designation for statutory paygo.--Amounts
            made available under this section are designated as an
            emergency requirement under section 4(g) of the Statutory Pay-
            As-You-Go Act of 2010 (Public Law 111-139; 2 U.S.C. 933(g)).

    SEC. 3305. PROFILING.

        (a) Prohibition.--In making routine or spontaneous law enforcement
    decisions, such as ordinary traffic stops, Federal law enforcement
    officers may not use race or ethnicity to any degree, except that
    officers may rely on race and ethnicity if a specific suspect
    description exists.
        (b) Exceptions.--
                (1) In conducting activities in connection with a specific
            investigation, Federal law enforcement officers may consider
            race and ethnicity only to the extent that there is trustworthy
            information, relevant to the locality or time frame, that links
            persons of a particular race or ethnicity to an identified
            criminal incident, scheme, or organization. This standard
            applies even where the use of race or ethnicity might otherwise
            be lawful.
                (2) In investigating or preventing threats to national
            security or other catastrophic events (including the
            performance of duties related to air transportation security),
            or in enforcing laws protecting the integrity of the Nation's
            borders, Federal law enforcement officers may not consider race
            or ethnicity except to the extent permitted by the Constitution
            and laws of the United States.
                (3) Defined term.--In this section, the term ``Federal law
            enforcement officer'' means any officer, agent, or employee of
            the United States authorized by law or by a Government agency
            to engage in or supervise the prevention, detection,
            investigation, or prosecution of any violation of Federal law.
        (b) Study and Regulations.--
                (1) Data collection.--Not later than 180 days after the
            date of the enactment of this Act, the Secretary shall begin
            collecting data regarding the individualized immigration
            enforcement activities of covered Department of Homeland
            Security officers.
                (2) Study.--Not later than 180 days after data collection
            under paragraph (1) commences, the Secretary shall complete a
            study analyzing the data.
                (3) Regulations.--Not later than 90 days after the date the
            study required by paragraph (2) is completed, the Secretary, in
            consultation with the Attorney General, shall issue regulations
            regarding the use of race, ethnicity, and any other suspect
            classifications the Secretary deems appropriate by covered
            Department of Homeland Security officers.
                (4) Reports.--Not later than 30 days after completion of
            the study required by paragraph (2), the Secretary shall submit
            the study to--
                        (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;
                        (E) the Committee on the Judiciary of the Senate;
                    and
                        (F) the Committee on the Judiciary of the House of
                    Representatives.
                (5) Defined term.--In this subsection, the term ``covered
            Department of Homeland Security officer'' means any officer,
            agent, or employee of United States Customs and Border
            Protection, United States Immigration and Customs Enforcement,
            or the Transportation Security Administration.

                   Subtitle D--Asylum and Refugee Provisions

    SEC. 3401. TIME LIMITS AND EFFICIENT ADJUDICATION OF GENUINE ASYLUM
                  CLAIMS.

        Section 208(a)(2) (8 U.S.C. 1158(a)(2)) is amended--
                (1) in subparagraph (A), by inserting ``or the Secretary of
            Homeland Security'' after ``Attorney General'' both places such
            term appears;
                (2) by striking subparagraphs (B) and (D);
                (3) by redesignating subparagraph (C) as subparagraph (B);
                (4) in subparagraph (B), as redesignated, by striking
            ``subparagraph (D)'' and inserting ``subparagraphs (C) and
            (D)''; and
                (5) by inserting after subparagraph (B), as redesignated,
            the following:
                        ``(C) Changed circumstances.--Notwithstanding
                    subparagraph (B), an application for asylum of an alien
                    may be considered if the alien demonstrates, to the
                    satisfaction of the Attorney General or the Secretary
                    of Homeland Security, the existence of changed
                    circumstances that materially affect the applicant's
                    eligibility for asylum.
                        ``(D) Motion to reopen certain meritorious
                    claims.--Notwithstanding subparagraph (B) or section
                    240(c)(7), an alien may file a motion to reopen an
                    asylum claim during the 2-year period beginning on the
                    date of the enactment of the Border Security, Economic
                    Opportunity, and Immigration Modernization Act if the
                    alien--
                                ``(i) was denied asylum based solely upon a
                            failure to meet the 1-year application filing
                            deadline in effect on the date on which the
                            application was filed;
                                ``(ii) was granted withholding of removal
                            pursuant to section 241(b)(3) and has not
                            obtained lawful permanent residence in the
                            United States pursuant to any other provision
                            of law;
                                ``(iii) is not subject to the safe third
                            country exception in subsection (a)(2)(A) or a
                            bar to asylum under subsection (b)(2) and
                            should not be denied asylum as a matter of
                            discretion; and
                                ``(iv) is physically present in the United
                            States when the motion is filed.''.

    SEC. 3402. REFUGEE FAMILY PROTECTIONS.

        (a) Children of Refugee or Asylee Spouses and Children.--A child of
    an alien who qualifies for admission as a spouse or child under section
    207(c)(2)(A) or 208(b)(3) of the Immigration and Nationality Act (8
    U.S.C. 1157(c)(2)(A) and 1158(b)(3)) shall be entitled to the same
    admission status as such alien if the child--
                (1) is accompanying or following to join such alien; and
                (2) is otherwise eligible under section 207(c)(2)(A) or
            208(b)(3) of the Immigration and Nationality Act.

    SEC. 3403. CLARIFICATION ON DESIGNATION OF CERTAIN REFUGEES.

        Section 207(c)(1) (8 U.S.C. 1157(c)(1)) is amended--
                (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 Secretary of
    State made in consultation with the Secretary of Homeland Security, and
    after appropriate consultation, may designate specifically defined
    groups of aliens--
                ``(I) whose resettlement in the United States is justified
            by humanitarian concerns or is otherwise in the national
            interest; and
                ``(II) who--
                        ``(aa) share common characteristics that identify
                    them as targets of persecution on account of race,
                    religion, nationality, membership in a particular
                    social group, or political opinion; or
                        ``(bb) having been identified as targets as
                    described in item (aa), share a common need for
                    resettlement due to a specific vulnerability.
        ``(ii) An alien who establishes membership in a group designated
    under clause (i) to the satisfaction of the Secretary of Homeland
    Security shall be considered a refugee for purposes of admission as a
    refugee under this section unless the Secretary determines that such
    alien ordered, incited, assisted, or otherwise participated in the
    persecution of any person on account of race, religion, nationality,
    membership in a particular social group, or political opinion.
        ``(iii) A designation under clause (i) is for purposes of
    adjudicatory efficiency and may be revoked by the President at any time
    after notification to Congress.
        ``(iv) Categories of aliens established under section 599D of the
    Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1990 (Public Law 101-167; 8 U.S.C. 1157 note)--
                ``(I) shall be designated under clause (i) until the end of
            the first fiscal year commencing after the date of the
            enactment of the Border Security, Economic Opportunity, and
            Immigration Modernization Act; and
                ``(II) shall be eligible for designation thereafter at the
            discretion of the President, considering, among other factors,
            whether a country under consideration has been designated by
            the Secretary of State as a `Country of Particular Concern' for
            engaging in or tolerating systematic, ongoing, and egregious
            violations of religious freedom.
        ``(v) A designation under clause (i) shall not influence decisions
    to grant, to any alien, asylum under section 208, protection under
    section 241(b)(3), or protection under the Convention Against Torture
    and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at
    New York December 10, 1984.
        ``(vi) A decision to deny admission under this section to an alien
    who establishes to the satisfaction of the Secretary that the alien is
    a member of a group designated under clause (i) shall--
                ``(I) be in writing; and
                ``(II) state, to the maximum extent feasible, the reason
            for the denial.
        ``(vii) Refugees admitted pursuant to a designation under clause
    (i) shall be subject to the number of admissions under this section.''.

    SEC. 3404. ASYLUM DETERMINATION EFFICIENCY.

        Section 235(b)(1)(B)(ii) (8 U.S.C. 1225(b)(1)(B)(ii)) is amended--
                (1) by striking ``asylum.'' and inserting ``asylum by an
            asylum officer. The asylum officer, after conducting a
            nonadversarial asylum interview and seeking supervisory review,
            may grant asylum to the alien under section 208 or refer the
            case to a designee of the Attorney General, for a de novo
            asylum determination, for relief under the Convention Against
            Torture and Other Cruel, Inhuman or Degrading Treatment or
            Punishment, done at New York December 10, 1984, or for
            protection under section 241(b)(3).''.

    SEC. 3405. STATELESS PERSONS IN THE UNITED STATES.

        (a) In General.--Chapter 1 of title II (8 U.S.C. 1151 et seq.) is
    amended by adding at the end the following:

    ``SEC. 210A. PROTECTION OF CERTAIN STATELESS PERSONS IN THE UNITED
                  STATES.

        ``(a) Stateless Persons.--
                ``(1) In general.--In this section, the term `stateless
            person' means an individual who is not considered a national
            under the operation of the laws of any country.
                ``(2) Designation of specific stateless groups.--The
            Secretary of Homeland Security, in consultation with the
            Secretary of State, may, in the discretion of the Secretary,
            designate specific groups of individuals who are considered
            stateless persons, for purposes of this section.
        ``(b) Status of Stateless Persons.--
                ``(1) Relief for certain individuals determined to be
            stateless persons.--The Secretary of Homeland Security or the
            Attorney General may, in his or her discretion, provide
            conditional lawful status to an alien who is otherwise
            inadmissible or deportable from the United States if the
            alien--
                        ``(A) is a stateless person present in the United
                    States;
                        ``(B) applies for such relief;
                        ``(C) has not lost his or her nationality as a
                    result of his or her voluntary action or knowing
                    inaction after arrival in the United States;
                        ``(D) except as provided in paragraphs (2) and (3),
                    is not inadmissible under section 212(a); and
                        ``(E) is not described in section 241(b)(3)(B)(i).
                ``(2) Inapplicability of certain provisions.--The
            provisions under paragraphs (4), (5), (7), and (9)(B) of
            section 212(a) shall not apply to any alien seeking relief
            under paragraph (1).
                ``(3) Waiver.--The Secretary or the Attorney General may
            waive any other provisions of such section, other than
            subparagraphs (B), (C), (D)(ii), (E), (G), (H), or (I) of
            paragraph (2), paragraph (3), paragraph (6)(C)(i) (with respect
            to misrepresentations relating to the application for relief
            under paragraph (1)), or subparagraphs (A), (C), (D), or (E) of
            paragraph (10) of section 212(a), with respect to such an alien
            for humanitarian purposes, to assure family unity, or if it is
            otherwise in the public interest.
                ``(4) Submission of passport or travel document.--Any alien
            who seeks relief under this section shall submit to the
            Secretary of Homeland Security or the Attorney General--
                        ``(A) any available passport or travel document
                    issued at any time to the alien (whether or not the
                    passport or document has expired or been cancelled,
                    rescinded, or revoked); or
                        ``(B) an affidavit, sworn under penalty of
                    perjury--
                                ``(i) stating that the alien has never been
                            issued a passport or travel document; or
                                ``(ii) identifying with particularity any
                            such passport or travel document and explaining
                            why the alien cannot submit it.
                ``(5) Work authorization.--The Secretary of Homeland
            Security may authorize an alien who has applied for and is
            found prima facie eligible for or been granted relief under
            paragraph (1) to engage in employment in the United States.
                ``(6) Travel documents.--The Secretary may issue
            appropriate travel documents to an alien who has been granted
            relief under paragraph (1) that would allow him or her to
            travel abroad and be admitted to the United States upon return,
            if otherwise admissible.
                ``(7) Treatment of spouse and children.--The spouse or
            child of an alien who has been granted conditional lawful
            status under paragraph (1) shall, if not otherwise eligible for
            admission under paragraph (1), be granted conditional lawful
            status under this section if accompanying, or following to
            join, such alien if--
                        ``(A) the spouse or child is admissible (except as
                    otherwise provided in paragraphs (2) and (3)) and is
                    not described in section 241(b)(3)(B)(i); and
                        ``(B) the qualifying relationship to the principal
                    beneficiary existed on the date on which such alien was
                    granted conditional lawful status.
        ``(c) Adjustment of Status.--
                ``(1) Inspection and examination.--At the end of the 1-year
            period beginning on the date on which an alien has been granted
            conditional lawful status under subsection (b), the alien may
            apply for lawful permanent residence in the United States if--
                        ``(A) the alien has been physically present in the
                    United States for at least 1 year;
                        ``(B) the alien's conditional lawful status has not
                    been terminated by the Secretary of Homeland Security
                    or the Attorney General, pursuant to such regulations
                    as the Secretary or the Attorney General may prescribe;
                    and
                        ``(C) the alien has not otherwise acquired
                    permanent resident status.
                ``(2) Requirements for adjustment of status.--The Secretary
            of Homeland Security or the Attorney General, under such
            regulations as the Secretary or the Attorney General may
            prescribe, may adjust the status of an alien granted
            conditional lawful status under subsection (b) to that of an
            alien lawfully admitted for permanent residence if such alien--
                        ``(A) is a stateless person;
                        ``(B) properly applies for such adjustment of
                    status;
                        ``(C) has been physically present in the United
                    States for at least 1 year after being granted
                    conditional lawful status under subsection (b);
                        ``(D) is not firmly resettled in any foreign
                    country; and
                        ``(E) is admissible (except as otherwise provided
                    under paragraph (2) or (3) of subsection (b)) as an
                    immigrant under this chapter at the time of examination
                    of such alien for adjustment of status.
                ``(3) Record.--Upon approval of an application under this
            subsection, the Secretary of Homeland Security or the Attorney
            General shall establish a record of the alien's admission for
            lawful permanent residence as of the date that is 1 year before
            the date of such approval.
                ``(4) Numerical limitation.--The number of aliens who may
            receive an adjustment of status under this section for a fiscal
            year shall be subject to the numerical limitation of section
            203(b)(4).
        ``(d) Proving the Claim.--In determining an alien's eligibility for
    lawful conditional status or adjustment of status under this
    subsection, the Secretary of Homeland Security or the Attorney General
    shall consider any credible evidence relevant to the application. The
    determination of what evidence is credible and the weight to be given
    that evidence shall be within the sole discretion of the Secretary or
    the Attorney General.
        ``(e) Review.--
                ``(1) Administrative review.--No appeal shall lie from the
            denial of an application by the Secretary, but such denial will
            be without prejudice to the alien's right to renew the
            application in proceedings under section 240.
                ``(2) Motions to reopen.--Notwithstanding any limitation
            imposed by law on motions to reopen removal, deportation, or
            exclusion proceedings, any individual who is eligible for
            relief under this section may file a motion to reopen
            proceedings in order to apply for relief under this section.
            Any such motion shall be filed within 2 years of the date of
            the enactment of the Border Security, Economic Opportunity, and
            Immigration Modernization Act.
        ``(f) Limitation.--
                ``(1) Applicability.--The provisions of this section shall
            only apply to aliens present in the United States.
                ``(2) Savings provision.--Nothing in this section 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
                        ``(C) the grant of any motion to reopen or
                    reconsider filed by an alien after departure or removal
                    from the United States.''.
        (b) Judicial Review.--Section 242(a)(2)(B)(ii) (8 U.S.C.
    1252(a)(2)(B)(ii)) is amended by striking ``208(a).'' and inserting
    ``208(a) or 210A.''.
        (c) Conforming Amendment.--Section 203(b)(4) (8 U.S.C. 1153(b)(4))
    is amended by inserting ``to aliens granted an adjustment of status
    under section 210A(c) or'' after ``level,''.
        (d) Clerical Amendment.--The table of contents for the Immigration
    and Nationality Act is amended by inserting after the item relating to
    section 210 the following:

    ``Sec. 210A. Protection of stateless persons in the United States.''.

    SEC. 3406. U VISA ACCESSIBILITY.

        Section 214(p)(2)(A) (8 U.S.C. 1184(p)(2)(A)) is amended by
    striking ``10,000.'' and inserting ``18,000, of which not more than
    3,000 visas may be issued for aliens who are victims of a covered
    violation described in section 101(a)(15)(U).''.

    SEC. 3407. REPRESENTATION AT OVERSEAS REFUGEE INTERVIEWS.

        Section 207(c) (8 U.S.C. 1157(c)) is amended by adding at the end
    the following:
                ``(5) The adjudicator of an application for refugee status
            under this section shall consider all relevant evidence and
            maintain a record of the evidence considered.
                ``(6) An applicant for refugee status may be represented,
            including at a refugee interview, at no expense to the
            Government, by an attorney or accredited representative who--
                        ``(A) was chosen by the applicant; and
                        ``(B) is authorized by the Secretary of Homeland
                    Security to be recognized as the representative of such
                    applicant in an adjudication under this section.
                ``(7)(A) A decision to deny an application for refugee
            status under this section--
                        ``(i) shall be in writing; and
                        ``(ii) shall provide, to the maximum extent
                    feasible, information on the reason for the denial,
                    including--
                                ``(I) the facts underlying the
                            determination; and
                                ``(II) whether there is a waiver of
                            inadmissibility available to the applicant.
                ``(B) The basis of any negative credibility finding shall
            be part of the written decision.
                ``(8)(A) An applicant who is denied refugee status under
            this section may file a request with the Secretary for a review
            of his or her application not later than 120 days after such
            denial.
                ``(B) A request filed under subparagraph (A) shall be
            adjudicated by refugee officers who have received training on
            considering requests for review of refugee applications that
            have been denied.
                ``(C) The Secretary shall publish the standard applied to a
            request for review.
                ``(D) A request for review may result in the decision being
            granted, denied, or reopened for a further interview.
                ``(E) A decision on a request for review under this
            paragraph--
                        ``(i) shall be in writing; and
                        ``(ii) shall provide, to the maximum extent
                    feasible, information on the reason for the denial.''.

        Subtitle E--Shortage of Immigration Court Resources for Removal
                                  Proceedings

    SEC. 3501. SHORTAGE OF IMMIGRATION COURT PERSONNEL FOR REMOVAL
                  PROCEEDINGS.

        (a) Immigration Court Judges.--The Attorney General shall increase
    the total number of immigration judges to adjudicate current pending
    cases and efficiently process future cases by at least--
                (1) 75 in fiscal year 2014;
                (2) 75 in fiscal year 2015; and
                (3) 75 in fiscal year 2016.
        (b) Necessary Support Staff for Immigration Court Judges.--The
    Attorney General shall address the shortage of support staff for
    immigration judges by ensuring that each immigration judge has the
    assistance of the necessary support staff, including the equivalent of
    1 staff attorney or law clerk and 1 legal assistant.
        (c) Annual Increases in Board of Immigration Appeals Personnel.--
    The Attorney General shall increase the number of Board of Immigration
    Appeals staff attorneys (including the necessary additional support
    staff) to efficiently process cases by at least--
                (1) 30 in fiscal year 2014;
                (2) 30 in fiscal year 2015; and
                (3) 30 in fiscal year 2016.
        (d) Funding.--There shall be appropriated, from the Comprehensive
    Immigration Reform Trust Fund established under section 6(a)(1), such
    sums as may be necessary to carry out this section.

    SEC. 3502. IMPROVING IMMIGRATION COURT EFFICIENCY AND REDUCING COSTS BY
                  INCREASING ACCESS TO LEGAL INFORMATION.

        (a) Clarification Regarding the Authority of the Attorney General
    to Appoint Counsel to Aliens in Immigration Proceedings.--Section 292
    (8 U.S.C. 1362) is amended--
                (1) by inserting ``(a)'' before ``In any'';
                (2) by striking ``(at no expense to the Government)'';
                (3) by striking ``he shall'' and inserting ``the person
            shall''; and
                (4) by adding at the end the following:
        ``(b) The Government is not required to provide counsel to aliens
    under subsection (a). However, the Attorney General may, in the
    Attorney General's sole and unreviewable discretion, appoint or provide
    counsel to aliens in immigration proceedings conducted under section
    240 of this Act.''.
        (b) Appointment of Counsel in Certain Cases.--Section 240(b)(4) (8
    U.S.C. 1229a(b)(4)) is amended--
                (1) in subparagraph (A), by striking ``, at no expense to
            the Government,''; and
                (2) by adding at the end the following: ``The Government is
            not required to provide counsel to aliens under this paragraph.
            However, the Attorney General may, in the Attorney General's
            sole and unreviewable discretion, appoint or provide counsel at
            government expense to aliens in immigration proceedings.''.
        (c) Appointment of Counsel for Unaccompanied Alien Children and
    Aliens With a Serious Mental Disability.--Section 292 (8 U.S.C. 1362),
    as amended by subsection (a), is further amended by adding at the end
    the following:
        ``(c) Notwithstanding subsection (b), the Attorney General shall
    appoint counsel, at the expense of the Government, if necessary, to
    represent an alien in a removal proceeding who has been determined by
    the Secretary to be an unaccompanied alien child, is incompetent to
    represent himself or herself due to a serious mental disability that
    would be included in section 3(2) of the Americans with Disabilities
    Act of 1990 (42 U.S.C. 12102(2)), or is considered particularly
    vulnerable when compared to other aliens in removal proceedings, such
    that the appointment of counsel is necessary to help ensure fair
    resolution and efficient adjudication of the proceedings.''.
        (d) Funding.--There shall be appropriated, from the Comprehensive
    Immigration Reform Trust Fund established under section 6(a)(1), such
    sums as may be necessary to carry out this section and the amendments
    made by this section.

    SEC. 3503. OFFICE OF LEGAL ACCESS PROGRAMS.

        (a) Establishment of Office of Legal Access Programs.--The Attorney
    General shall establish within the Executive Office for Immigration
    Review an Office of Legal Access Programs to develop and administer a
    system of legal orientation programs to make immigration proceedings
    more efficient and cost effective by educating aliens regarding
    administrative procedures and legal rights under United States
    immigration law and to establish other programs to assist in providing
    aliens access to legal information.
        (b) Legal Orientation Programs.--The legal orientation programs--
                (1) shall provide programs to assist detained aliens in
            making informed and timely decisions regarding their removal
            and eligibility for relief from removal in order to increase
            efficiency and reduce costs in immigration proceedings and
            Federal custody processes and to improve access to counsel and
            other legal services;
                (2) may provide services to detained aliens in immigration
            proceedings under sections 235, 238, 240, and 241(a)(5) of the
            Immigration and Nationality Act (8 U.S.C. 1225, 1228, 1229a,
            and 1231(a)(5)) and to other aliens in immigration and asylum
            proceedings under sections 235, 238, and 240 of the Immigration
            and Nationality Act (8 U.S.C. 1225, 1228, and 1229a); and
                (3) shall identify unaccompanied alien children, aliens
            with a serious mental disability, and other particularly
            vulnerable aliens for consideration by the Attorney General
            pursuant to section 292(c) of the Immigration and Nationality
            Act, as added by section 3502(c).
        (c) Procedures.--The Secretary shall establish procedures that
    ensure that legal orientation programs are available for all detained
    aliens within 5 days of arrival into custody and to inform such aliens
    of the basic procedures of immigration hearings, their rights relating
    to those hearings under the immigration laws, information that may
    deter such aliens from filing frivolous legal claims, and any other
    information deemed appropriate by the Attorney General, such as a
    contact list of potential legal resources and providers.
        (d) Rule of Construction.--Nothing in this subsection shall be
    construed to create any substantive or procedural right or benefit that
    is legally enforceable by any party against the United States or its
    agencies or officers or any other person.
        (e) Funding.--There shall be appropriated, from the Comprehensive
    Immigration Reform Trust Fund established under section 6(a)(1), such
    sums as may be necessary to carry out this section.

    SEC. 3504. CODIFYING BOARD OF IMMIGRATION APPEALS.

        (a) Definition of Board Member.--Section 101(a) (8 U.S.C. 1101(a))
    is amended by adding at the end the following:
                ``(53) The term `Board Member' means an attorney whom the
            Attorney General appoints as an administrative judge within the
            Executive Office for Immigration Review to serve on the Board
            of Immigration Appeals, qualified to review decisions of
            immigration judges and other matters within the jurisdiction of
            the Board of Immigration Appeals.''.
        (b) Board of Immigration Appeals.--Section 240(a)(1) (8 U.S.C.
    1229a(a)(1)) is amended by adding at the end the following: ``The Board
    of Immigration Appeals and its Board Members shall review decisions of
    immigration judges under this section.''.
        (c) Appeals.--Section 240(b)(4) (8 U.S.C. 1229a(b)(4)), as amended
    by section 3502(b), is further amended--
                (1) in subparagraph (B), by striking ``, and'' and
            inserting a semicolon;
                (2) in subparagraph (C), by striking the period and
            inserting ``; and''; and
                (3) by inserting after subparagraph (C) the following:
                        ``(D) the alien may appeal the immigration judge's
                    decision to a 3-judge panel of the Board of Immigration
                    Appeals.''.
        (d) Decision and Burden of Proof.--Section 240(c)(1)(A) (8 U.S.C.
    1229a(c)(1)(A)) is amended to read as follows:
                        ``(A) In general.--At the conclusion of the
                    proceeding, the immigration judge shall decide whether
                    an alien is removable from the United States. The
                    determination of the immigration judge shall be based
                    only on the evidence produced at the hearing. On
                    appeal, the Board of Immigration Appeals shall issue a
                    written opinion. The opinion shall address all
                    dispositive arguments raised by the parties. The panel
                    may incorporate by reference the opinion of the
                    immigration judge whose decision is being reviewed,
                    provided that the panel also addresses any arguments
                    made by the nonprevailing party regarding purported
                    errors of law, fact, or discretion.''.

    SEC. 3505. IMPROVED TRAINING FOR IMMIGRATION JUDGES AND BOARD MEMBERS.

        (a) In General.--Section 240 (8 U.S.C. 1229a) is amended by adding
    at the end the following:
        ``(f) Improved Training.--
                ``(1) Improved training for immigration judges and board
            members.--
                        ``(A) In general.--In consultation with the
                    Attorney General and the Director of the Federal
                    Judicial Center, the Director of the Executive Office
                    for Immigration Review shall review and modify, as
                    appropriate, training programs for immigration judges
                    and Board Members.
                        ``(B) Elements of review.--Each such review shall
                    study--
                                ``(i) the expansion of the training program
                            for new immigration judges and Board Members;
                                ``(ii) continuing education regarding
                            current developments in the field of
                            immigration law; and
                                ``(iii) methods to ensure that immigration
                            judges are trained on properly crafting and
                            dictating decisions.
                ``(2) Improved training and guidance for staff.--The
            Director of the Executive Office for Immigration Review shall--
                        ``(A) modify guidance and training regarding
                    screening standards and standards of review; and
                        ``(B) ensure that Board Members provide staff
                    attorneys with appropriate guidance in drafting
                    decisions in individual cases, consistent with the
                    policies and directives of the Director of the
                    Executive Office for Immigration Review and the
                    Chairman of the Board of Immigration Appeals.''.
        (b) Funding.--There shall be appropriated, from the Comprehensive
    Immigration Reform Trust Fund established under section 6(a)(1), such
    sums as may be necessary to carry out this section and the amendment
    made by this section.

    SEC. 3506. IMPROVED RESOURCES AND TECHNOLOGY FOR IMMIGRATION COURTS AND
                  BOARD OF IMMIGRATION APPEALS.

        (a) Improved On-bench Reference Materials and Decision Templates.--
    The Director of the Executive Office for Immigration Review shall
    ensure that immigration judges are provided with updated reference
    materials and standard decision templates that conform to the law of
    the circuits in which they sit.
        (b) Practice Manual.--The Director of the Executive Office for
    Immigration Review shall produce a practice manual describing best
    practices for the immigration courts and shall make such manual
    available electronically to counsel and litigants who appear before the
    immigration courts.
        (c) Recording System and Other Technologies.--
                (1) Plan required.--The Director of the Executive Office
            for Immigration Review shall provide the Attorney General with
            a plan and a schedule to replace the immigration courts' tape
            recording system with a digital recording system that is
            compatible with the information management systems of the
            Executive Office for Immigration Review.
                (2) Audio recording system.--Consistent with the plan
            described in paragraph (1), the Director shall pilot a digital
            audio recording system not later than 1 year after the
            enactment of this Act, and shall begin nationwide
            implementation of that system as soon as practicable.
        (d) Improved Transcription Services.--Not later than 1 year after
    the enactment of this Act, the Director of the Executive Office for
    Immigration Review shall report to the Attorney General on the current
    transcription services utilized by the Office and recommend
    improvements to this system regarding quality and timeliness of
    transcription.
        (e) Improved Interpreter Selection.--Not later than 1 year after
    the enactment of this Act, the Director of the Executive Office for
    Immigration Review shall report to the Attorney General on the current
    interpreter selection process utilized by the Office and recommend
    improvements to this process regarding screening, hiring,
    certification, and evaluation of staff and contract interpreters.
        (f) Funding.--There shall be appropriated, from the Comprehensive
    Immigration Reform Trust Fund established under section 6(a)(1), such
    sums as may be necessary to carry out this section.

     Subtitle F--Prevention of Trafficking in Persons and Abuses Involving
                            Workers Recruited Abroad

    SEC. 3601. DEFINITIONS.

        (a) In General.--Except as otherwise provided by this subtitle, the
    terms used in this subtitle shall have the same meanings, respectively,
    as are given those terms in section 3 of the Fair Labor Standards Act
    of 1938 (29 U.S.C. 203).
        (b) Other Definitions.--
                (1) Foreign labor contractor.--The term ``foreign labor
            contractor'' means any person who performs any foreign labor
            contracting activity, including any person who performs foreign
            labor contracting activity wholly outside of the United States,
            except that the term does not include any entity of the United
            States Government.
                (2) Foreign labor contracting activity.--The term ``foreign
            labor contracting activity'' means recruiting, soliciting,
            hiring, employing, sponsoring, managing, furnishing, processing
            visa applications for, transporting, or housing an individual
            who resides outside of the United States in furtherance of
            employment in the United States, including when such activity
            occurs wholly outside of the United States.
                (3) Person.--The term ``person'' means any natural person
            or any corporation, company, firm, partnership, joint stock
            company or association or other organization or entity (whether
            organized under law or not), including municipal corporations.
                (4) Secretary.--The term the ``Secretary'' means the
            Secretary of Labor.
                (5) Worker.--the term ``worker'' means an individual or
            exchange visitor who is the subject of foreign labor
            contracting activity.

    SEC. 3602. DISCLOSURE.

        (a) Requirement for Disclosure.--Any person who engages in foreign
    labor contracting activity shall ascertain and disclose in writing in
    English and in the primary language of the worker at the time of the
    worker's recruitment, the following information:
                (1) The identity and address of the employer and the
            identity and address of the person conducting the recruiting on
            behalf of the employer, including any subcontractor or agent
            involved in such recruiting.
                (2) All assurances and terms and conditions of employment,
            from the prospective employer for whom the worker is being
            recruited, including the work hours, level of compensation to
            be paid, the place and period of employment, a description of
            the type and nature of employment activities, any withholdings
            or deductions from compensation and any penalties for
            terminating employment.
                (3) A signed copy of the work contract between the worker
            and the employer.
                (4) The type of visa under which the foreign worker is to
            be employed, the length of time for which the visa will be
            valid and the terms and conditions under which this visa will
            be renewed with a clear statement of whether the employer will
            secure renewal of this visa or if renewal must be obtained by
            the worker and any expenses associated with securing or
            renewing the visa.
                (5) An itemized list of any costs or expenses to be charged
            to the worker and any deductions to be taken from wages,
            including any costs for housing or accommodation,
            transportation to and from the worksite, meals, health
            insurance, workers' compensation, costs of benefits provided,
            medical examinations, healthcare, tools, or safety equipment
            costs.
                (6) The existence of any labor organizing effort, strike,
            lockout, or other labor dispute at the place of employment.
                (7) Whether and the extent to which workers will be
            compensated through workers' compensation, private insurance,
            or otherwise for injuries or death, including work related
            injuries and death, during the period of employment and, if so,
            the name of the State workers' compensation insurance carrier
            or the name of the policyholder of the private insurance, the
            name and the telephone number of each person who must be
            notified of an injury or death, and the time period within
            which such notice must be given.
                (8) A statement, in a form specified by the Secretary--
                        (A) stating that--
                                (i) no foreign labor contractor, agent, or
                            employee of a foreign labor contractor, may
                            lawfully assess any fee (including visa fees,
                            processing fees, transportation fees, legal
                            expenses, placement fees, and other costs) to a
                            worker for any foreign labor contracting
                            activity; and
                                (ii) the employer may bear such costs or
                            fees for the foreign labor contractor, but that
                            these fees cannot be passed along to the
                            worker; and
                        (B) explaining that--
                                (i) no additional requirements or changes
                            may be made from the terms of the contract
                            originally signed by the worker unless the
                            worker is provided at least 48 hours to review
                            and consider the additional requirements or
                            changes;
                                (ii) no such additional requirements or
                            changes may be made to the original contract
                            signed by the worker without the specific
                            consent of the worker to each such additional
                            requirement or change; and
                                (iii) such consent shall be obtained
                            voluntarily and without threat of penalty and
                            if not so obtained will be a violation of law
                            subject to the provisions of section 3611;
                        (C) describing the protections afforded the worker
                    by this section and by section 202 of the William
                    Wilberforce Trafficking Victims Protection
                    Reauthorization Act of 2008 (8 U.S.C. 1375b) and any
                    applicable visa program, including--
                                (i) relevant information about the
                            procedure for filing a complaint provided for
                            in section 3611 and
                                (ii) the telephone number for the national
                            human trafficking resource center hotline
                            number.
                (9) Any education or training to be provided or required,
            including the nature, timing and cost of such training and the
            person who will pay such costs, whether the training is a
            condition of employment, continued employment, or future
            employment; and whether the worker will be paid or remunerated
            during the training period, including the rate of pay.
                (10) Any other information that the Secretary may require
            by regulation.
        (b) Relationship to Labor and Employment Laws.--Nothing in the
    disclosure required by subsection (a) shall constitute a legal
    conclusion as to the worker's status or rights under the labor and
    employment laws.
        (c) Prohibition on False and Misleading Information.--No foreign
    labor contractor or employer who engages in any foreign labor
    contracting activity shall knowingly provide materially false or
    misleading information to any worker concerning any matter required to
    be disclosed under section (a). The disclosure required by this section
    is a document concerning the proper administration of a matter within
    the jurisdiction of a department or agency of the United States for the
    purposes of section 1519 of title 18, United States Code.

    SEC. 3603. PROHIBITION ON DISCRIMINATION.

        (a) In General.--It shall be unlawful for an employer or a foreign
    labor contractor to fail or refuse to hire, discharge, intimidate,
    threaten, restrain, coerce, or blacklist any individual or otherwise
    discriminate against an individual with respect to compensation, terms,
    conditions, or privileges of employment, because of such individual's
    race, color, creed, sex, national origin, religion, age, or disability.
        (b) Determinations of Discrimination.--For the purposes of
    determining the existence of unlawful discrimination under subsection
    (a)--
                (1) in the case of a claim of discrimination based on race,
            color, creed, sex, national origin, or religion, the same legal
            standards shall apply as are applicable under title VII of the
            Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.);
                (2) in the case of a claim of discrimination based on
            unlawful discrimination based on age, the same legal standards
            shall apply as are applicable under the Age Discrimination in
            Employment Act of 1967 (29 U.S.C. 621 et seq.); and
                (3) in the case of a claim of discrimination based on
            disability, the same legal standards shall apply as are
            applicable under title I of the Americans With Disabilities Act
            of 1990 (42 U.S.C. 12111 et seq.).

    SEC. 3604. RECRUITMENT FEES.

        No employer, foreign labor contractor, or agent or employee of a
    foreign labor contractor, shall assess any fee (including visa fees,
    processing fees, transportation fees, legal expenses, placement fees,
    and other costs) to a worker for any foreign labor contracting
    activity.

    SEC. 3605. REGISTRATION.

        (a) Requirement to Register.--
                (1) In general.--Subject to paragraph (2), prior to
            engaging in any foreign labor contracting activity, any person
            who is a foreign labor contractor or who, for any money or
            other valuable consideration paid or promised to be paid,
            performs a foreign labor contracting activity on behalf of a
            foreign labor contractor, shall obtain a certificate of
            registration from the Secretary of Labor pursuant to
            regulations promulgated by the Secretary under subsection (c).
                (2) Exception for certain employers.--An employer, or
            employee of an employer, who engages in foreign labor
            contracting activity solely to find employees for that
            employer's own use, and without the participation of any other
            foreign labor contractor, shall not be required to register
            under this section. Notwithstanding the preceding sentence,
            such an employer shall be subject to the requirements of
            subsections (a) and (c) of section 3602 and sections 3603 and
            3604 and shall be subject to the remedies under section 3610
            for all violations stemming from the employer's own foreign
            labor contracting activity.
        (b) Notification.--
                (1) Annual employer notification.--Each employer shall
            notify the Secretary, not less frequently than once every year,
            of the identity of any foreign labor contractor involved in any
            foreign labor contracting activity for, or on behalf of, the
            employer, including at a minimum, the name and address of the
            foreign labor contractor and a description of the services.
                (2) Annual foreign labor contractor notification.--Each
            foreign labor contractor shall notify the Secretary, not less
            frequently than once every year, of the identity of any
            subcontractee, agent, or foreign labor contractor employee
            involved in any foreign labor contracting activity for, or on
            behalf of, the foreign labor contractor.
                (3) Noncompliance notification.--An employer shall notify
            the Secretary of the identity of a foreign labor contractor
            whose activities do not comply with this subtitle.
                (4) Agreement.--Not later than 48 hours after receiving a
            request from the Secretary, an employer shall provide the
            Secretary with the identity of any foreign labor contractor
            with which the employer has a contract or other agreement.
        (c) Regulations.--Not later than 180 days after the date of the
    enactment of this Act, the Secretary shall promulgate regulations to
    establish an efficient electronic process for the timely investigation
    and approval of an application for a certificate of registration of
    foreign labor contractors, including--
                (1) a declaration, subscribed and sworn to by the
            applicant, stating the applicant's permanent place of
            residence, the foreign labor contracting activities for which
            the certificate is requested, and such other relevant
            information as the Secretary may require;
                (2) a set of fingerprints of the applicant;
                (3) an expeditious means to update registrations and renew
            certificates;
                (4) providing for the consent of any foreign labor
            recruiter to the designation by a court of the Secretary as an
            agent available to accept service of summons in any action
            against the applicant, if the applicant has left the
            jurisdiction in which the action is commenced, otherwise has
            become unavailable to accept service or is subject to personal
            jurisdiction in no State;
                (5) providing for the consent of any foreign labor
            recruiter to jurisdiction in the Department of Labor or any
            state or Federal court of the United States for any action
            brought by any aggrieved individual or worker;
                (6) providing for cooperation in any investigation by the
            Secretary or other appropriate authorities;
                (7) providing for consent to the forfeiture of the bond for
            failure to cooperate with these provisions;
                (8) providing for consent to be liable for violations of
            this subtitle by any agents or subcontractees of any level in
            relation to the foreign labor contracting activity of the agent
            or subcontractee to the same extent as if the foreign labor
            contractor had committed the violation;
                (9) providing for consultation with other appropriate
            Federal agencies to determine whether any reason exists to deny
            registration to a foreign labor contractor; and
                (10) any other requirements that the Secretary may
            prescribe.
        (d) Term of Registration.--Unless suspended or revoked, a
    certificate under this section shall be valid for 2 years.
        (e) Application Fee.--
                (1) Requirement for fee.--In addition to any other fees
            authorized by law, the Secretary shall impose a fee, to be
            deposited in the general fund of the Treasury, on a foreign
            labor contractor that submits an application for a certificate
            of registration under this section.
                (2) Amount of fee.--The amount of the fee required by
            paragraph (1) shall be set at a level that the Secretary
            determines sufficient to cover the full costs of carrying out
            foreign labor contract registration activities under this
            subtitle, including worker education and any additional costs
            associated with the administration of the fees collected.
        (f) Refusal to Issue; Revocation.--In accordance with regulations
    promulgated by the Secretary, the Secretary shall refuse to issue or
    renew, or shall revoke and debar from eligibility to obtain a
    certificate of registration for a period of not greater than 5 years,
    after notice and an opportunity for a hearing, a certificate of
    registration under this section if--
                (1) the applicant for, or holder of, the certification has
            knowingly made a material misrepresentation in the application
            for such certificate;
                (2) the applicant for, or holder of, the certification is
            not the real party in interest in the application or
            certificate of registration and the real party in interest--
                        (A) is a person who has been refused issuance or
                    renewal of a certificate;
                        (B) has had a certificate revoked; or
                        (C) does not qualify for a certificate under this
                    section;
                (3) the applicant for, or holder of, the certification has
            been convicted within the preceding 5 years of --
                        (A) any felony under State or Federal law or crime
                    involving robbery, bribery, extortion, embezzlement,
                    grand larceny, burglary, arson, violation of narcotics
                    laws, murder, rape, assault with intent to kill,
                    assault which inflicts grievous bodily injury,
                    prostitution, peonage, or smuggling or harboring
                    individuals who have entered the United States
                    illegally; or
                        (B) any crime relating to gambling, or to the sale,
                    distribution or possession of alcoholic beverages, in
                    connection with or incident to any labor contracting
                    activities.
                (4) the applicant for, or holder of, the certification has
            materially failed to comply with this section.
        (g) Re-registration of Violators.--The Secretary shall establish a
    procedure by which a foreign labor contractor that has had its
    registration revoked under subsection (f) may seek to re-register under
    this subsection by demonstrating to the Secretary's satisfaction that
    the foreign labor contractor has not violated this subtitle in the
    previous 5 years and that the foreign labor contractor has taken
    sufficient steps to prevent future violations of this subtitle.

    SEC. 3606. BONDING REQUIREMENT.

        (a) In General.--The Secretary shall require a foreign labor
    contractor to post a bond in an amount sufficient to ensure the ability
    of the foreign labor contractor to discharge its responsibilities and
    to ensure protection of workers, including wages.
        (b) Regulations.--The Secretary, by regulation, shall establish the
    conditions under which the bond amount is determined, paid, and
    forfeited.
        (c) Relationship to Other Remedies.--The bond requirements and
    forfeiture of the bond under this section shall be in addition to other
    remedies under 3610 or any other law.

    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
                    employed; and
                (2) a list of all foreign labor contractors whose
            certificate of registration the Secretary has revoked.
        (b) Updates; Availability.--The Secretary shall--
                (1) update the lists required by subsection (a) on an
            ongoing basis, not less frequently than every 6 months; and
                (2) make such lists publicly available, including through
            continuous publication on Internet websites and in written form
            at and on the websites of United States embassies in the
            official language of that country.
        (c) Inter-agency Availability.--The Secretary shall share the
    information described in subsection (a) with the Secretary of State

    SEC. 3608. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT.

        Section 214 (8 U.S.C. 1184) is amended by adding at the end the
    following:
        ``(s) A visa shall not be issued under the subparagraph (A)(iii),
    (B)(i) (but only for domestic servants described in clause (i) or (ii)
    of section 274a.12(c)(17) of title 8, Code of Federal Regulations (as
    in effect on December 4, 2007)), (G)(v), (H), (J), (L), (Q), (R) or add
    any new immigration subsections of section 101(a)(15) until the
    consular officer--
                ``(1) has provided to and reviewed with the applicant, in
            the applicant's language (or a language the applicant
            understands), a copy of the information and resources pamphlet
            required by section 202 of the William Wilberforce Trafficking
            Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1375b)
            ; and
                ``(2) has reviewed and made a part of the visa file the
            foreign labor recruiter disclosures required by section 3602 of
            the Border Security, Economic Opportunity, and Immigration
            Modernization Act, including whether the foreign labor
            recruiter is registered pursuant to that section.''.

    SEC. 3609. RESPONSIBILITIES OF SECRETARY OF STATE.

        (a) In General.--The Secretary of State shall ensure that each
    United States diplomatic mission has a person who shall be responsible
    for receiving information from any worker who has been subject to
    violations of this subtitle.
        (b) Provision of Information.--The responsible person referred to
    in subsection (a) shall ensure that the information received is
    provided to the Department of Justice, the Department of Labor, or any
    other relevant Federal agency.
        (c) Mechanisms.--The Attorney General and the Secretary shall
    ensure that there is a mechanism for any actions that need to be taken
    in response to information received under subsection (a).
        (d) Assistance From Foreign Government.--The person designated for
    receiving information pursuant to this subsection is strongly
    encouraged to coordinate with governments and civil society
    organizations in the countries of origin to ensure the worker receives
    additional support.
        (e) Maintenance and Availability of Information.--The Secretary of
    State shall ensure that consulates maintain information regarding the
    identities of foreign labor contractors and the employers to whom the
    foreign labor contractors supply workers. The Secretary of State shall
    make such information publically available in written form and on-line,
    including on the websites of United States embassies in the official
    language of that country.
        (f) Annual Public Disclose.--The Secretary of State shall make
    publically available on-line, on an annual basis, data disclosing the
    gender, country of origin and state, if available, date of birth, wage,
    level of training, and occupation category, disaggregated by job and by
    visa category.

    SEC. 3610. ENFORCEMENT PROVISIONS.

        (a) Complaints and Investigations.--The Secretary--
                (1) shall establish a process for the receipt,
            investigation, and disposition of complaints filed by any
            person, including complaints respecting a foreign labor
            contractor's compliance with this subtitle; and
                (2) either pursuant to the process required by paragraph
            (1) or otherwise, may investigate employers or foreign labor
            contractors, including actions occurring in a foreign country,
            as necessary to determine compliance with this subtitle.
        (b) Administrative Enforcement.--
                (1) In general.--If the Secretary finds, after notice and
            an opportunity for a hearing, any foreign labor contractor or
            employer failed to comply with any of the requirements of this
            subtitle, the Secretary may impose the following against such
            contractor or employer--
                        (A) a fine in an amount not more than $10,000 per
                    violation; and
                        (B) upon the occasion of a third violation or a
                    failure to comply with representations, a fine of not
                    more than $25,000 per violation.
        (c) Authority to Ensure Compliance.--The Secretary is authorized to
    take other such actions, including issuing subpoenas and seeking
    appropriate injunctive relief and recovery of damages, as may be
    necessary to assure compliance with the terms and conditions of this
    subtitle.
        (d) Bonding.--Pursuant to the bonding requirement in section 3606,
    bond liquidation and forfeitures shall be in addition to other remedies
    under this section or any other law.
        (e) Civil Action.--
                (1) In general.--The Secretary or any person aggrieved by a
            violation of this subtitle may bring a civil action against any
            foreign labor contractor or employer that does not meet the
            requirements of section (f)(2) in any court of competent
            jurisdiction--
                        (A) to seek remedial action, including injunctive
                    relief;
                        (B) to recover damages on behalf of any worker
                    harmed by a violation of this subsection; and,
                        (C) to ensure compliance with requirements of this
                    section.
                (2) Actions by the secretary of labor.--
                        (A) Sums recovered.--Any sums recovered by the
                    Secretary on behalf of a worker under paragraph (1) or
                    through liquidation of the bond held pursuant to
                    section 3606 shall be held in a special deposit account
                    and shall be paid, on order of the Secretary, directly
                    to each worker affected. Any such sums not paid to a
                    worker because of inability to do so within a period of
                    5 years shall be credited as an offsetting collection
                    to the appropriations account of the Secretary for
                    expenses for the administration of this section and
                    shall remain available to the Secretary until expended
                    or may be used for enforcement of the laws within the
                    jurisdiction of the wage and hour division or may be
                    transferred to the Secretary of Health and Human
                    Services for the purpose of providing support to
                    programs that provide assistance to victims of
                    trafficking in persons or other exploited persons. The
                    Secretary shall work with any attorney or organization
                    representing workers to locate workers owed sums under
                    this section.
                        (B) Representation.--Except as provided in section
                    518(a) of title 28, United States Code, the Solicitor
                    of Labor may appear for and represent the Secretary in
                    any civil litigation brought under this paragraph. All
                    such litigation shall be subject to the direction and
                    control of the Attorney General.
                (3) Actions by individuals.--
                        (A) Award.--If the court finds in a civil action
                    filed by an individual under this section that the
                    defendant has violated any provision of this subtitle
                    (or any regulation issued pursuant to this subtitle),
                    the court may award--
                                (i) damages, up to and including an amount
                            equal to the amount of actual damages, and
                            statutory damages of up to $1,000 per plaintiff
                            per violation, or other equitable relief,
                            except that with respect to statutory damages--
                                        (I) multiple infractions of a
                                    single provision of this subtitle (or
                                    of a regulation under this subtitles)
                                    shall constitute only 1 violation for
                                    purposes of section 3602(a) to
                                    determine the amount of statutory
                                    damages due a plaintiff; and
                                        (II) if such complaint is certified
                                    as a class action the court may award--
                                                (aa) damages up to an
                                            amount equal to the amount of
                                            actual damages; and
                                                (bb) statutory damages of
                                            no more than the lesser of up
                                            to $1,000 per class member per
                                            violation, or up to $500,000;
                                            and other equitable relief;
                                (ii) reasonable attorneys' fees and costs;
                            and
                                (iii) such other and further relief,
                            including declaratory and injunctive relief, as
                            necessary to effectuate the purposes of this
                            subtitle.
                        (B) Criteria.--In determining the amount of
                    statutory damages to be awarded under subparagraph (A),
                    the court is authorized to consider whether an attempt
                    was made to resolve the issues in dispute before the
                    resort to litigation.
                        (C) Bond.--To satisfy the damages, fees, and costs
                    found owing under this clause, the Secretary shall
                    release as much of the bond held pursuant to section
                    3606 as necessary.
                        (D) Appeal.--Any civil action brought under this
                    section shall be subject to appeal as provided in
                    chapter 83 of title 28, United States Code (28 U.S.C.
                    1291 et seq.).
                        (E) Access to legal services corporation.--
                    Notwithstanding any other provision of law, the Legal
                    Services Corporation and recipients of its funding may
                    provide legal assistance on behalf of any alien with
                    respect to any provision of this subtitle.
        (f) Agency Liability.--
                (1) In general.--Beginning 180 days after the Secretary of
            Labor has promulgated regulations pursuant to section 3605(c),
            an employer who retains the services of a foreign labor
            contractor shall only use those foreign labor contractors who
            are registered under section 3605. An employer who uses a
            foreign labor contractor who is not registered under section
            3605 after such time period, or who uses a foreign labor
            contractor that has violated any provision of this subsection,
            shall be subject to the provisions of this subsection for
            violations committed by such foreign labor contractor to the
            same extent as if the employer were the foreign labor
            contractor who had committed the violation.
                (2) Safe harbor.--An employer shall not have any liability
            under this section if the employer hires workers referred by a
            foreign labor contractor that has a valid registration with the
            Department of Labor pursuant to section 3605, the employer does
            not act with reckless disregard of the fact that the foreign
            labor contractor has violated any provision of this section,
            and if the employer obtained knowledge of a violation of the
            provisions of this section, it immediately reported the
            violation to the Secretary.
                (3) Liability for agents.--Foreign labor contractors shall
            be subject to the provisions of this section for violations
            committed by the foreign labor contractor's agents or
            subcontractees of any level in relation to their foreign labor
            contracting activity to the same extent as if the foreign labor
            contractor had committed the violation.
        (g) Retaliation.--
                (1) In general.--No person shall intimidate, threaten,
            restrain, coerce, discharge or in any other manner discriminate
            or retaliate against any worker or their family members
            (including a former employee or an applicant for employment)
            because such worker disclosed information to any person that
            the worker reasonably believes evidences a violation of this
            section (or any rule or regulation pertaining to this section),
            including seeking legal assistance of counsel or cooperating
            with an investigation or other proceeding concerning compliance
            with this section (or any rule or regulation pertaining to this
            section).
                (2) Enforcement.--An individual who is subject to any
            conduct described in paragraph (1) may, in a civil action,
            recover appropriate relief, including reasonable attorneys'
            fees and costs, with respect to that violation. Any civil
            action under this subparagraph shall be stayed during the
            pendency of any criminal action arising out of the violation.
        (h) Waiver of Rights.--Agreements by employees purporting to waive
    or to modify their rights under this subtitle shall be void as contrary
    to public policy.
        (i) Presence During Pendency of Actions.--
                (1) In general.--If other immigration relief is not
            available, the Attorney General and the Secretary of Homeland
            Security shall grant advance parole to permit a nonimmigrant to
            remain legally in the United States for time sufficient to
            fully and effectively participate in all legal proceedings
            related to any action taken pursuant to this section.
                (2) Regulations.--Not later than 180 days after the date of
            the enactment of this Act, the Secretary shall promulgate
            regulations to carry out paragraph (1).

    SEC. 3611. RULE OF CONSTRUCTION.

        Nothing in this subtitle shall be construed to preempt or alter any
    other rights or remedies, including any causes of action, available
    under any other Federal or State law.

    SEC. 3612. REGULATIONS.

        The Secretary shall prescribe such regulations as may be necessary
    to carry out this subtitle.

                        Subtitle G--Interior Enforcement

    SEC. 3701. CRIMINAL STREET GANGS.

        (a) Inadmissibility.--Section 212(a)(2) (8 U.S.C. 1182(a)(2)) is
    amended--
                (1) by redesignating subparagraph (F) as subparagraph (L);
            and
                (2) by inserting after subparagraph (E) the following:
                        ``(F) Aliens in criminal street gangs.--
                                ``(i) In general.--Any alien is
                            inadmissible--
                                        ``(I) who has been convicted of an
                                    offense for which an element was active
                                    participation in a criminal street gang
                                    (as defined in section 521(a) of title
                                    18, United States Code) and the alien--
                                                ``(aa) had knowledge that
                                            the gang's members engaged in
                                            or have engaged in a continuing
                                            series of offenses described in
                                            section 521(c) of title 18,
                                            United States Code; and
                                                ``(bb) acted with the
                                            intention to promote or further
                                            the felonious activities of the
                                            criminal street gang or
                                            maintain or increase his or her
                                            position in the gang; or
                                        ``(II) subject to clause (ii), who
                                    is 18 years of age or older, who is
                                    physically present outside the United
                                    States, whom the Secretary determines
                                    by clear and convincing evidence, based
                                    upon law enforcement information deemed
                                    credible by the Secretary, has, since
                                    the age of 18, knowingly and willingly
                                    participated in a criminal street gang
                                    with knowledge that such participation
                                    promoted or furthered the illegal
                                    activity of the gang.
                                ``(ii) Waiver.--The Secretary may waive
                            clause (i)(II) if the alien has renounced all
                            association with the criminal street gang, is
                            otherwise admissible, and is not a threat to
                            the security of the United States.''.
        (b) Grounds for Deportation.--Section 237(a)(2) (8 U.S.C.
    1227(a)(2)) is amended by adding at the end the following:
                        ``(G) Aliens associated with criminal street
                    gangs.--Any alien is removable who has been convicted
                    of an offense for which an element was active
                    participation in a criminal street gang (as defined in
                    section 521(a) of title 18, United States Code), and
                    the alien--
                                ``(i) had knowledge that the gang's members
                            engaged in or have engaged in a continuing
                            series of offenses described in section 521(c)
                            of title 18, United States Code; and
                                ``(ii) acted with the intention to promote
                            or further the felonious activities the
                            criminal street gang or increase his or her
                            position in such gang.''.
        (c) Ground of Ineligibility for Registered Provisional Immigrant
    Status.--
                (1) In general.--An alien who is 18 years of age or older
            is ineligible for registered provisional immigrant status if
            the Secretary determines that the alien--
                        (A) has been convicted of an offense for which an
                    element was active participation in a criminal street
                    gang (as defined in section 521(a) of title 18, United
                    States Code and the alien--
                                (i) had knowledge that the gang's members
                            engaged in or have engaged in a continuing
                            series of offenses described in section 521(c)
                            of title 18, United States Code; and
                                (ii) acted with the intention to promote or
                            further the felonious activities of the
                            criminal street gang or maintain or increase
                            his or her position in such gang; or
                        (B) subject to paragraph (2), any alien who is 18
                    years of age or older whom the Secretary determines by
                    clear and convincing evidence, based upon law
                    enforcement information deemed credible by the
                    Secretary, has, since the age of 18, knowingly and
                    willingly participated in a such gang with knowledge
                    that such participation promoted or furthered the
                    illegal activity of such gang.
                (2) Waiver.--The Secretary may waive this paragraph (1)(B)
            if the alien has renounced all association with the criminal
            street gang, is otherwise admissible, and is not a threat to
            the security of the United States.

    SEC. 3702. BANNING HABITUAL DRUNK DRIVERS FROM THE UNITED STATES.

        (a) Grounds for Inadmissibility.--Section 212(a)(2) (8 U.S.C.
    1182), as amended by section 3401, is further amended by inserting
    after subparagraph (I) the following:
                        ``(J) Habitual drunk drivers.--An alien convicted
                    of 3 or more offenses on separate dates, at least 1 of
                    which occurred after the date of the enactment of the
                    Border Security, Economic Opportunity, and Immigration
                    Modernization Act, related to driving under the
                    influence or driving while intoxicated is
                    inadmissable.''.
        (b) Grounds for Deportation.--Section 237(a)(2) (8 U.S.C.
    1227(a)(2)) is amended by adding at the end the following:
                        ``(G) Habitual drunk drivers.--An alien convicted
                    of 3 or more offenses on separate dates related to
                    driving under the influence or driving while
                    intoxicated is deportable.''.

    SEC. 3703. SEXUAL ABUSE OF A MINOR.

        Section 101(a)(43)(A) (8 U.S.C. 1101(a)(43)(A)) is amended by
    striking ``murder, rape, or sexual abuse of a minor;'' and inserting
    ``murder, rape, or sexual abuse of a minor, whether or not the minority
    of the victim is established by evidence contained in the record of
    conviction or by credible evidence extrinsic to the record of
    conviction;'';

    SEC. 3704. ILLEGAL ENTRY.

        (a) In General.--Section 275 (8 U.S.C. 1325) is amended to read as
    follows:

    ``SEC. 275. ILLEGAL ENTRY.

        ``(a) In General.--
                ``(1) Criminal offenses.--An alien shall be subject to the
            penalties set forth in paragraph (2) if the alien--
                        ``(A) enters or crosses the border into the United
                    States at any time or place other than as designated by
                    the Secretary of Homeland Security;
                        ``(B) eludes examination or inspection by an
                    immigration officer, or a customs or agriculture
                    inspection at a port of entry; or
                        ``(C) enters or crosses the border to the United
                    States by means of a knowingly false or misleading
                    representation or the concealment of a material fact.
                ``(2) Criminal penalties.--Any alien who violates any
            provision under paragraph (1)--
                        ``(A) shall, for the first violation, be fined
                    under title 18, United States Code, imprisoned not more
                    than 12 months, or both;
                        ``(B) shall, for a second or subsequent violation,
                    or following an order of voluntary departure, be fined
                    under such title, imprisoned not more than 3 years, or
                    both;
                        ``(C) if the violation occurred after the alien had
                    been convicted of 3 or more misdemeanors with the
                    convictions occurring on different dates or of a felony
                    for which the alien served a term of imprisonment of 15
                    days or more, shall be fined under such title,
                    imprisoned not more than 10 years, or both; and
                        ``(D) if the violation occurred after the alien had
                    been convicted of a felony for which the alien was
                    sentenced to a term of imprisonment of not less than 30
                    months,
            shall be fined under such title, imprisoned not more than 15
            years, or both.
                ``(3) Prior convictions.--The prior convictions described
            in subparagraphs (C) and (D) of paragraph (2) are elements of
            the offenses described in that paragraph and the penalties in
            such subparagraphs shall apply only in cases in which the
            conviction or convictions that form the basis for the
            additional penalty are--
                        ``(A) alleged in the indictment or information; and
                        ``(B) proven beyond a reasonable doubt at trial or
                    admitted by the defendant under oath as part of a plea
                    agreement.
        ``(b) Improper Time or Place; Civil Penalties.--Any alien older
    than 18 years of age who is apprehended while knowingly entering,
    attempting to enter, or crossing or attempting to cross the border to
    the United States at a time or place other than as designated by
    immigration officers shall be subject to a civil penalty, in addition
    to any criminal or other civil penalties that may be imposed under any
    other provision of law, in an amount equal to--
                ``(1) not less than $250 or more than $5000 for each such
            entry, crossing, attempted entry, or attempted crossing; or
                ``(2) twice the amount specified in paragraph (1) if the
            alien had previously been subject to a civil penalty under this
            subsection.''.
        (b) Clerical Amendment.--The table of contents is amended by
    striking the item relating to section 275 and inserting the following:

    ``Sec. 275. Illegal entry.''.
        (c) Effective Date.--The amendments made by this section shall take
    effect one year after the date of the enactment of this Act.

    SEC. 3705. REENTRY OF REMOVED ALIEN.

        Section 276 (8 U.S.C. 1326) is amended to read as follows:

    ``SEC. 276. REENTRY OF REMOVED ALIEN.

        ``(a) Reentry After Removal.--Any alien who has been denied
    admission, excluded, deported, or removed, or who has departed the
    United States while an order of exclusion, deportation, or removal is
    outstanding, and subsequently enters, attempts to enter, crosses the
    border to, attempts to cross the border to, or is at any time found in
    the United States, shall be fined under title 18, United States Code,
    and imprisoned not more than 2 years.
        ``(b) Reentry of Criminal Offenders.--Notwithstanding the penalty
    provided in subsection (a), if an alien described in that subsection--
                ``(1) was convicted for 3 or more misdemeanors, with the
            convictions occurring on different dates, before such removal
            or departure, the alien shall be fined under title 18, United
            States Code, and imprisoned not more than 10 years, or both;
                ``(2) was convicted for a felony before such removal or
            departure for which the alien was sentenced to a term of
            imprisonment of not less than 30 months, the alien shall be
            fined under such title, and imprisoned not more than 15 years,
            or both;
                ``(3) was convicted for a felony before such removal or
            departure for which the alien was sentenced to a term of
            imprisonment of not less than 60 months, the alien shall be
            fined under such title, and imprisoned not more than 20 years,
            or both;
                ``(4) was convicted for 3 felonies, with the convictions
            occurring on different dates before such removal or departure,
            the alien shall be fined under such title, and imprisoned not
            more than 20 years, or both; or
                ``(5) was convicted, before such removal or departure, for
            murder, rape, kidnapping, or a felony offense described in
            chapter 77 (relating to peonage and slavery) or 113B (relating
            to terrorism) of such title, the alien shall be fined under
            such title, and imprisoned not more than 20 years, or both.
        ``(c) Reentry After Repeated Removal.--Any alien who has been
    denied admission, excluded, deported, or removed 3 or more times and
    thereafter enters, attempts to enter, crosses the border to, attempts
    to cross the border to, or is at any time found in the United States,
    shall be fined under title 18, United States Code, and imprisoned not
    more than 10 years, or both.
        ``(d) Proof of Prior Convictions.--The prior convictions described
    in subsection (b) are elements of the offenses described in that
    subsection, and the penalties in such subsection shall apply only in
    cases in which the conviction or convictions that form the basis for
    the additional penalty are--
                ``(1) alleged in the indictment or information; and
                ``(2) proven beyond a reasonable doubt at trial or admitted
            by the defendant under oath as part of a plea agreement.
        ``(e) Affirmative Defenses.--It shall be an affirmative defense to
    a violation of this section that--
                ``(1) prior to the alleged violation, the alien had sought
            and received the express consent of the Secretary of Homeland
            Security to reapply for admission into the United States; or
                ``(2) at the time of the prior exclusion, deportation,
            removal, or denial of admission alleged in the violation, the
            alien had not yet reached 18 years of age and had not been
            convicted of a crime or adjudicated a delinquent minor by a
            court of the United States, or a court of a state or territory,
            for conduct that would constitute a felony if committed by an
            adult.
        ``(f) Limitation on Collateral Attack on Underlying Deportation
    Order.--In a criminal proceeding under this section, an alien may not
    challenge the validity of the deportation order described in subsection
    (a) or subsection (c) unless the alien demonstrates that--
                ``(1) the alien exhausted any administrative remedies that
            may have been available to seek relief against the order;
                ``(2) the deportation proceedings at which the order was
            issued improperly deprived the alien of the opportunity for
            judicial review; and
                ``(3) the entry of the order was fundamentally unfair.
        ``(g) Reentry of Alien Removed Prior to Completion of Term of
    Imprisonment.--Any alien removed pursuant to section 241(a)(4) who
    enters, attempts to enter, crosses the border to, attempts to cross the
    border to, or is at any time found in, the United States shall be
    incarcerated for the remainder of the sentence of imprisonment which
    was pending at the time of deportation without any reduction for parole
    or supervised release unless the alien affirmatively demonstrates that
    the Secretary of Homeland Security has expressly consented to the
    alien's reentry or the alien is prima facie eligible for protection
    from removal. Such alien shall be subject to such other penalties
    relating to the reentry of removed aliens as may be available under
    this section or any other provision of law.
        ``(h) Limitation.--It is not aiding and abetting a violation of
    this section for an individual to provide an alien with emergency
    humanitarian assistance, including emergency medical care and food, or
    to transport the alien to a location where such assistance can be
    rendered without compensation or the expectation of compensation.
        ``(i) Definitions.--In this section:
                ``(1) Felony.--The term `felony' means any criminal offense
            punishable by a term of imprisonment of more than 1 year under
            the laws of the United States, any State, or a foreign
            government.
                ``(2) Misdemeanor.--The term `misdemeanor' means any
            criminal offense punishable by a term of imprisonment of not
            more than 1 year under the applicable laws of the United
            States, any State, or a foreign government.
                ``(3) Removal.--The term `removal' includes any denial of
            admission, exclusion, deportation, or removal, or any agreement
            by which an alien stipulates or agrees to exclusion,
            deportation, or removal.
                ``(4) State.--The term `State' means a State of the United
            States, the District of Columbia, and any commonwealth,
            territory, or possession of the United States.''.

    SEC. 3706. PENALTIES RELATED TO REMOVAL.

        (a) Penalties Relating to Vessels and Aircraft.--Section 243(c) (8
    U.S.C. 1253(c)) is amended--
                (1) by striking ``Attorney General'' each place such term
            appears and inserting ``Secretary of Homeland Security''; and
                (2) by striking ``Commissioner'' each place such term
            appears and inserting ``Secretary of Homeland Security''; and
                (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 Secretary of Homeland
                    Security, in the Secretary's unreviewable discretion
                    and upon the receipt of a written request, may mitigate
                    the monetary penalties required under this subsection
                    for each alien stowaway to an amount equal to not less
                    than $2,000, upon such terms that the Secretary
                    determines to be appropriate.''; and
                        (D) by inserting at the end the following:
                        ``(D) Exception.--A person, acting without
                    compensation or the expectation of compensation, is not
                    subject to penalties under this paragraph if the person
                    is--
                                ``(i) providing, or attempting to provide,
                            an alien with humanitarian assistance,
                            including emergency medical care or food or
                            water; or
                                ``(ii) transporting the alien to a location
                            where such humanitarian assistance can be
                            rendered without compensation or the
                            expectation of compensation.''.

    SEC. 3707. REFORM OF PASSPORT, VISA, AND IMMIGRATION FRAUD OFFENSES.

        (a) Trafficking in Passports.--Section 1541 of title 18, United
    States Code, is amended to read as follows:
    ``Sec. 1541. Trafficking in passports
        ``(a) Multiple Passports.--Subject to subsection (b), any person
    who, during any period of 3 years or less, knowingly--
                ``(1) and without lawful authority produces, issues, or
            transfers 3 or more passports;
                ``(2) forges, counterfeits, alters, or falsely makes 3 or
            more passports;
                ``(3) secures, possesses, uses, receives, buys, sells, or
            distributes 3 or more passports, knowing the passports to be
            forged, counterfeited, altered, falsely made, stolen, procured
            by fraud, or produced or issued without lawful authority; or
                ``(4) completes, mails, prepares, presents, signs, or
            submits 3 or more applications for a United States passport,
            knowing the applications to contain any materially false
            statement or representation,
    shall be fined under this title, imprisoned not more than 20 years, or
    both.
        ``(b) Use in a Terrorism Offense.--Any person who commits an
    offense described in subsection (a) to facilitate an act of
    international terrorism (as defined in section 2331) shall be fined
    under this title, imprisoned not more than 25 years, or both.
        ``(c) Passport Materials.--Any person who knowingly and without
    lawful authority produces, buys, sells, possesses, or uses any official
    material (or counterfeit of any official material) used to make 10 or
    more passports, including any distinctive paper, seal, hologram, image,
    text, symbol, stamp, engraving, or plate, shall be fined under this
    title, imprisoned not more than 20 years, or both.''.
        (b) False Statement in an Application for a Passports.--Section
    1542 of title 18, United States Code, is amended to read as follows:
    ``Sec. 1542. False statement in an application for a passport
        ``(a) In General.--Any person who knowingly makes any material
    false statement or representation in an application for a United States
    passport, or mails, prepares, presents, or signs an application for a
    United States passport knowing the application to contain any material
    false statement or representation, shall be fined under this title,
    imprisoned not more than 25 years (if the offense was committed to
    facilitate an act of international terrorism (as defined in section
    2331 of this title)), 20 years (if the offense was committed to
    facilitate a drug trafficking crime (as defined in section 929(a) of
    this title)), or 15 years (in the case of any other offense) or both.
        ``(b) Venue.--
                ``(1) In general.--An offense under subsection (a) may be
            prosecuted in any district--
                        ``(A) in which the false statement or
                    representation was made or the application for a United
                    States passport was prepared or signed; or
                        ``(B) in which or to which the application was
                    mailed or presented.
                ``(2) Offenses outside the united states.--An offense under
            subsection (a) involving an application prepared and
            adjudicated outside the United States may be prosecuted in the
            district in which the resultant passport was or would have been
            produced.
        ``(c) Savings Clause.--Nothing in this section may be construed to
    limit the venue otherwise available under sections 3237 and 3238 of
    this title.''.
        (c) Misuse of a Passport.--Section 1544 of title 18, United States
    Code, is amended to read as follows:
    ``Sec. 1544. Misuse of a passport
        ``Any person who knowingly--
                ``(1) misuses for their own purposes any passport issued or
            designed for the use of another;
                ``(2) uses any passport in violation of the laws,
            regulations, or rules governing the issuance and use of the
            passport;
                ``(3) secures, possesses, uses, receives, buys, sells, or
            distributes any passport knowing the passport to be forged,
            counterfeited, altered, falsely made, procured by fraud, or
            produced or issued without lawful authority; or
                ``(4) substantially violates the terms and conditions of
            any safe conduct duly obtained and issued under the authority
            of the United States,
    shall be fined under this title, imprisoned not more than 25 years (if
    the offense was committed to facilitate an act of international
    terrorism (as defined in section 2331 of this title)), 20 years (if the
    offense was committed to facilitate a drug trafficking crime (as
    defined in section 929(a) of this title)) or 15 years (in the case of
    any other offense), or both.''.
        (d) Schemes to Provide Fraudulent Immigration Services.--Section
    1545 of title 18, United States Code, is amended to read as follows:
    ``Sec. 1545. Schemes to provide fraudulent immigration services
        ``(a) In General.--Any person who knowingly executes a scheme or
    artifice, in connection with any matter that is authorized by or arises
    under any Federal immigration law or any matter the offender claims or
    represents is authorized by or arises under any Federal immigration
    law, to--
                ``(1) defraud any person; or
                ``(2) obtain or receive money or anything else of value
            from any person by means of false or fraudulent pretenses,
            representations, or promises,
    shall be fined under this title, imprisoned not more than 10 years, or
    both.
        ``(b) Misrepresentation.--Any person who knowingly and falsely
    represents that such person is an attorney or an accredited
    representative (as that term is defined in section 1292.1 of title 8,
    Code of Federal Regulations (or any successor regulation)) in any
    matter arising under any Federal immigration law shall be fined under
    this title, imprisoned not more than 15 years, or both.''.
        (e) Immigration and Visa Fraud.--Section 1546 of title 18, United
    States Code, is amended--
                (1) by amending the section heading to read as follows:
    ``Sec. 1546. Immigration and visa fraud'';
                and
                (2) by striking subsections (b) and (c) and inserting the
            following:
        ``(b) Trafficking.--Any person who, during any period of 3 years or
    less, knowingly--
                ``(1) and without lawful authority produces, issues, or
            transfers 3 or more immigration documents;
                ``(2) forges, counterfeits, alters, or falsely makes 3 or
            more immigration documents;
                ``(3) secures, possesses, uses, buys, sells, or distributes
            3 or more immigration documents, knowing the immigration
            documents to be forged, counterfeited, altered, stolen, falsely
            made, procured by fraud, or produced or issued without lawful
            authority; or
                ``(4) completes, mails, prepares, presents, signs, or
            submits 3 or more immigration documents knowing the documents
            to contain any materially false statement or representation,
    shall be fined under this title, imprisoned not more than 20 years, or
    both.
        ``(c) Immigration Document Materials.--Any person who knowingly and
    without lawful authority produces, buys, sells, possesses, or uses any
    official material (or counterfeit of any official material) used to
    make 10 or more immigration documents, including any distinctive paper,
    seal, hologram, image, text, symbol, stamp, engraving, or plate, shall
    be fined under this title, imprisoned not more than 20 years, or
    both.''.
        (f) Alternative Imprisonment Maximum for Certain Offenses.--Section
    1547 of title 18, United States Code, is amended--
                (1) in the matter preceding paragraph (1), by striking
            ``(other than an offense under section 1545)'';
                (2) in paragraph (1), by striking ``15'' and inserting
            ``20''; and
                (3) in paragraph (2), by striking ``20'' and inserting
            ``25''.
        (g) Authorized Law Enforcement Activities.--Chapter 75 of title 18,
    United States Code, is amended by adding after section 1547 the
    following:
    ``Sec. 1548. Authorized law enforcement activities
        ``Nothing in this chapter may be construed to prohibit--
                ``(1) any lawfully authorized investigative, protective, or
            intelligence activity of a law enforcement agency of the United
            States, a State, or a political subdivision of a State, or an
            intelligence agency of the United States; or
                ``(2) any activity authorized under title V of the
            Organized Crime Control Act of 1970 (Public Law 91-452; 84
            Stat. 933).''.
        (h) Table of Sections Amendment.--The table of sections for chapter
    75 of title 18, United States Code, is amended to read as follows:

    ``Sec.
    ``1541. Trafficking in passports.
    ``1542. False statement in an application for a passport.
    ``1543. Forgery or false use of a passport.
    ``1544. Misuse of a passport.
    ``1545. Schemes to provide fraudulent immigration services.
    ``1546. Immigration and visa fraud.
    ``1547. Alternative imprisonment maximum for certain offenses.
    ``1548. Authorized law enforcement activities.''.

    SEC. 3708. COMBATING SCHEMES TO DEFRAUD ALIENS.

        (a) Regulations, Forms, and Procedures.--The Secretary and the
    Attorney General, for matters within their respective jurisdictions
    arising under the immigration laws, shall promulgate appropriate
    regulations, forms, and procedures defining the circumstances in
    which--
                (1) persons submitting applications, petitions, motions, or
            other written materials relating to immigration benefits or
            relief from removal under the immigration laws will be required
            to identify who (other than immediate family members) assisted
            them in preparing or translating the immigration submissions;
            and
                (2) any person or persons who received compensation (other
            than a nominal fee for copying, mailing, or similar services)
            in connection with the preparation, completion, or submission
            of such materials will be required to sign the form as a
            preparer and provide identifying information.
        (b) Civil Injunctions Against Immigration Service Provider.--The
    Attorney General may commence a civil action in the name of the United
    States to enjoin any immigration service provider from further engaging
    in any fraudulent conduct that substantially interferes with the proper
    administration of the immigration laws or who willfully misrepresents
    such provider's legal authority to provide representation before the
    Department of Justice or Department.
        (c) Definitions.--In this section:
                (1) Immigration laws.--The term ``immigration laws'' has
            the meaning given that term in section 101(a)(17) of the
            Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
                (2) Immigration service provider.--The term ``immigration
            service provider'' means any individual or entity (other than
            an attorney or individual otherwise authorized to provide
            representation in immigration proceedings as provided in
            Federal regulation) who, for a fee or other compensation,
            provides any assistance or representation to aliens in relation
            to any filing or proceeding relating to the alien which arises,
            or which the provider claims to arise, under the immigration
            laws, executive order, or presidential proclamation.

    SEC. 3709. INADMISSIBILITY AND REMOVAL FOR PASSPORT AND IMMIGRATION
                  FRAUD OFFENSES.

        (a) Inadmissibility.--Section 212(a)(2)(A)(i) (8 U.S.C.
    1182(a)(2)(A)(i)) is amended--
                (1) in subclause (I), by striking ``, or'' at the end and
            inserting a semicolon;
                (2) in subclause (II), by striking the comma at the end and
            inserting ``; or''; and
                (3) by inserting after subclause (II) the following:
                                        ``(III) a violation of section
                                    1541, 1545, and subsection (b) of
                                    section 1546 of title 18, United States
                                    Code,''.
        (b) Removal.--Section 237(a)(3)(B)(iii) (8 U.S.C.
    1227(a)(3)(B)(iii)) is amended to read as follows:
                                ``(ii) a violation of section 1541, 1545,
                            and subsection (b) of section 1546 of title 18,
                            United States Code,''.
        (c) Effective Date.--The amendments made by subsections (a) and (b)
    shall apply to proceedings pending on or after the date of the
    enactment of this Act, with respect to conduct occurring on or after
    that date.

    SEC. 3710. DIRECTIVES RELATED TO PASSPORT AND DOCUMENT FRAUD.

        (a) Directive to the United States Sentencing Commission.--
                (1) In general.--Pursuant to the authority under section
            994 of title 28, United States Code, the United States
            Sentencing Commission shall promulgate or amend the sentencing
            guidelines, policy statements, and official commentaries, if
            appropriate, related to passport fraud offenses, including the
            offenses described in chapter 75 of title 18, United States
            Code, as amended by section 3407, to reflect the serious nature
            of such offenses.
                (2) Report.--Not later than 1 year after the date of the
            enactment of this Act, the United States Sentencing Commission
            shall submit a report on the implementation of this subsection
            to--
                        (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 Asylum Seekers.--
                (1) In general.--
                        (A) Requirement for guidelines.--The Attorney
                    General, in consultation with the Secretary, shall
                    develop binding prosecution guidelines for Federal
                    prosecutors to ensure that each prosecution of an alien
                    seeking entry into the United States by fraud is
                    consistent with the United States treaty obligations
                    under Article 31(1) of the Convention Relating to the
                    Status of Refugees, done at Geneva July 28, 1951 (as
                    made applicable by the Protocol Relating to the Status
                    of Refugees, done at New York January 31, 1967 (19 UST
                    6223)).
                        (B) No private right of action.--The guidelines
                    developed pursuant to subparagraph (A), and any
                    internal office procedures related to such guidelines--
                                (i) are intended solely for the guidance of
                            attorneys of the United States; and
                                (ii) are not intended to, do not, and may
                            not be relied upon to, create any right or
                            benefit, substantive or procedural, enforceable
                            at law by any party in any administrative,
                            civil, or criminal matter.
                (2) Protection of vulnerable persons.--A person described
            in paragraph (3) may not be prosecuted under chapter 75 of
            title 18, United States Code, or under section 275 or 276 of
            the Immigration and Nationality Act (8 U.S.C. 1325 and 1326),
            in connection with the person's entry or attempted entry into
            the United States until after the date on which the person's
            application for such protection, classification, or status has
            been adjudicated and denied in accordance with the Immigration
            and Nationality Act (8 U.S.C. 1101 et seq.).
                (3) Persons seeking protection, classification, or
            status.--A person described in this paragraph is a person who--
                        (A) is seeking protection, classification, or
                    status; and
                        (B)(i) has filed an application for asylum under
                    section 208 of the Immigration and Nationality Act (8
                    U.S.C. 1158), withholding of removal under section
                    241(b)(3) of such Act (8 U.S.C. 1231(b)(3)), or relief
                    under the Convention against Torture and Other Cruel,
                    Inhuman or Degrading Treatment or Punishment, done at
                    New York, December 10, 1994, pursuant to title 8, Code
                    of Federal Regulations;
                        (ii) indicates immediately after apprehension, that
                    he or she intends to apply for such asylum, withholding
                    of removal, or relief and promptly files the
                    appropriate application;
                        (iii) has been referred for a credible fear
                    interview, a reasonable fear interview, or an asylum-
                    only hearing under section 235 of the Immigration and
                    Nationality Act (8 U.S.C. 1225) or title 8, Code of
                    Federal Regulations; or
                        (iv) has filed an application for classification or
                    status under--
                                (I) subparagraph (T) or (U) of paragraph
                            (15), paragraph (27)(J), or paragraph (51) of
                            section 101(a) of the Immigration and
                            Nationality Act (8 U.S.C. 1101(a)); or
                                (II) section 216(c)(4)(C) or 240A(b)(2), of
                            such Act (8 U.S.C. 1186a(c)(4)(C) and
                            1229b(b)(2)).

    SEC. 3711. INADMISSIBLE ALIENS.

        (a) Deterring Aliens Ordered Removed From Remaining in the United
    States Unlawfully.--Section 212(a)(9)(A) (8 U.S.C. 1182(a)(9)(A)) is
    amended--
                (1) in clause (i), by striking ``seeks admission within 5
            years of the date of such removal (or within 20 years'' and
            inserting ``seeks admission not later than 5 years after the
            date of the alien's removal (or not later than 20 years after
            the alien's removal''; and
                (2) in clause (ii), by striking ``seeks admission within 10
            years of the date of such alien's departure or removal (or
            within 20 years of'' and inserting ``seeks admission not later
            than 10 years after the date of the alien's departure or
            removal (or not later than 20 years after''.
        (b) Biometric Screening.--Section 212 (8 U.S.C. 1182) is amended--
                (1) in subsection (a)(7), by adding at the end the
            following:
                        ``(C) Withholding information.--Except as provided
                    in subsection (d)(2), any alien who willfully, through
                    his or her own fault, refuses to comply with a lawful
                    request for biometric information is inadmissible.'';
                    and
                (2) in subsection (d), by inserting after paragraph (1) the
            following:
                ``(2) The Secretary may waive the application of subsection
            (a)(7)(C) for an individual alien or a class of aliens.''.
        (c) Precluding Admissibility of Aliens Convicted of Serious
    Criminal Offenses and Domestic Violence, Stalking, Child Abuse and
    Violation of Protection Orders.--
                (1) Inadmissibility on criminal and related grounds;
            waivers.--Section 212 (8 U.S.C. 1182), as amended by section
            3302, is further amended--
                        (A) in subsection (a)(2), as amended by sections
                    3401 and 3402, is further amended by inserting after
                    subparagraph (J) the following:
                        ``(K) Crimes of domestic violence, stalking, or
                    violation of protective orders; crimes against
                    children.--
                                ``(i) Domestic violence, stalking, and
                            child abuse.--
                                        ``(I) In general.--Any alien who
                                    has been convicted of a crime of
                                    domestic violence, a crime of stalking,
                                    or a crime of child abuse, child
                                    neglect, or child abandonment, provided
                                    the alien served at least 1 year
                                    imprisonment for the crime, or provided
                                    the alien was convicted of offenses
                                    constituting more than 1 such crime,
                                    not arising out of a single scheme of
                                    criminal misconduct, is inadmissible.
                                        ``(II) Crime of domestic violence
                                    defined.--In this clause, the term
                                    `crime of domestic violence' means any
                                    crime of violence (as defined in
                                    section 16 of title 18, United States
                                    Code) against a person committed by a
                                    current or former spouse of the person,
                                    by an individual with whom the person
                                    shares a child in common, by an
                                    individual who is cohabiting with or
                                    has cohabited with the person as a
                                    spouse, by an individual similarly
                                    situated to a spouse of the person
                                    under the domestic or family violence
                                    laws of the jurisdiction where the
                                    offense occurs, or by any other
                                    individual against a person who is
                                    protected from that individual's acts
                                    under the domestic or family violence
                                    laws of the United States or any State,
                                    Indian tribal government, or unit of
                                    local or foreign government.
                                ``(ii) Violators of protection orders.--
                                        ``(I) In general.--Any alien who at
                                    any time is enjoined under a protection
                                    order issued by a court and whom the
                                    court determines has engaged in conduct
                                    that constitutes criminal contempt of
                                    the portion of a protection order that
                                    involves protection against credible
                                    threats of violence, repeated
                                    harassment, or bodily injury to the
                                    person or persons for whom the
                                    protection order was issued, is
                                    inadmissible.
                                        ``(II) Protection order defined.--
                                    In this clause, the term `protection
                                    order' means any injunction issued for
                                    the purpose of preventing violent or
                                    threatening acts of domestic violence,
                                    including temporary or final orders
                                    issued by civil or criminal courts
                                    (other than support or child custody
                                    orders or provisions) whether obtained
                                    by filing an independent action or as
                                    an independent order in another
                                    proceeding.
                                ``(iii) Applicability.--This subparagraph
                            shall not apply to an alien who has been
                            battered or subjected to extreme cruelty and
                            who is not and was not the primary perpetrator
                            of violence in the relationship, upon a
                            determination by the Attorney General or the
                            Secretary of Homeland Security that--
                                        ``(I) the alien was acting in self-
                                    defense;
                                        ``(II) the alien was found to have
                                    violated a protection order intended to
                                    protect the alien; or
                                        ``(III) the alien committed, was
                                    arrested for, was convicted of, or pled
                                    guilty to committing a crime that did
                                    not result in serious bodily injury.'';
                        (B) in subsection (h)--
                                (i) by striking ``The Attorney General may,
                            in his discretion, waive the application of
                            subparagraphs (A)(i)(I), (B), (D), and (E) of
                            subsection (a)(2)'' and inserting ``The
                            Attorney General or the Secretary of Homeland
                            Security may waive the application of
                            subparagraphs (A)(i)(I), (B), (D), (E), of
                            subsection (a)(2)''; and
                                (ii) by inserting ``or Secretary of
                            Homeland Security'' after ``the Attorney
                            General'' each place that term appears.
                (2) Effective date.--The amendments made by this subsection
            shall apply to any acts that occurred on or after the date of
            the enactment of this Act.

    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 acting for profit or
    other financial gain, knowingly directs or participates in an effort or
    scheme to assist or cause 5 or more persons (other than a parent,
    spouse or child of the offender)--
                ``(1) to enter, attempt to enter, or prepare to enter the
            United States--
                        ``(A) by fraud, falsehood, or other corrupt means;
                        ``(B) at any place other than a port or place of
                    entry designated by the Secretary; or
                        ``(C) in a manner not prescribed by the immigration
                    laws and regulations of the United States; or
                ``(2) to travel by air, land, or sea toward the United
            States (whether directly or indirectly)--
                        ``(A) knowing that the persons seek to enter or
                    attempt to enter the United States without lawful
                    authority; and
                        ``(B) with the intent to aid or further such entry
                    or attempted entry; or
                ``(3) to be transported or moved outside of the United
            States--
                        ``(A) knowing that such persons are aliens in
                    unlawful transit from one country to another or on the
                    high seas; and
                        ``(B) under circumstances in which the persons are
                    in fact seeking to enter the United States without
                    official permission or legal authority;
            shall be punished as provided in subsection (c) or (d).
        ``(b) Conspiracy and Attempt.--Any person who attempts or conspires
    to violate subsection (a) of this section shall be punished in the same
    manner as a person who completes a violation of such subsection.
        ``(c) Base Penalty.--Except as provided in subsection (d), any
    person who violates subsection (a) or (b) shall be fined under title
    18, imprisoned for not more than 20 years, or both.
        ``(d) Enhanced Penalties.--Any person who violates subsection (a)
    or (b) shall--
                ``(1) in the case of a violation during and in relation to
            which a serious bodily injury (as defined in section 1365 of
            title 18) occurs to any person, be fined under title 18,
            imprisoned for not more than 30 years, or both;
                ``(2) in the case of a violation during and in relation to
            which the life of any person is placed in jeopardy, be fined
            under title 18, imprisoned for not more than 30 years, or both;
                ``(3) in the case of a violation involving 10 or more
            persons, be fined under title 18, imprisoned for not more than
            30 years, or both;
                ``(4) in the case of a violation involving the bribery or
            corruption of a U.S. or foreign government official, be fined
            under title 18, imprisoned for not more than 30 years, or
            both;''.
                ``(5) in the case of a violation involving robbery or
            extortion (as those terms are defined in paragraph (1) or (2),
            respectively, of section 1951(b)) be fined under title 18,
            imprisoned for not more than 30 years, or both;
                ``(6) in the case of a violation during and in relation to
            which any person is subjected to an involuntary sexual act (as
            defined in section 2246(2) of title 18), be fined under title
            18, imprisoned for not more than 30 years, or both; or
                ``(7) in the case of a violation resulting in the death of
            any person, be fined under title 18, imprisoned for or any term
            of years or for life, or both.
        ``(e) Lawful Authority Defined.--
                ``(1) In general.--In this section, the term `lawful
            authority'--
                        ``(A) means permission, authorization, or license
                    that is expressly provided for in the immigration laws
                    of the United States or accompanying regulations: and
                        ``(B) does not include any such authority secured
                    by fraud or otherwise obtained in violation of law; nor
                    does it include authority sought, but not approved.
                ``(2) Application to travel or entry.--No alien shall be
            deemed to have lawful authority to travel to or enter the
            United States if such travel or entry was, is, or would be in
            violation of law.
        ``(f) Effort or Scheme.--For purposes of this section, `effort or
    scheme to assist or cause 5 or more persons' does not require that the
    5 or more persons enter, attempt to enter, prepare to enter, or travel
    at the same time so long as the acts are completed within 1 year.

    ``SEC. 296. UNLAWFULLY HINDERING IMMIGRATION, BORDER, AND CUSTOMS
                  CONTROLS.

        ``(a) Illicit Spotting.--Whoever knowingly transmits to another
    person the location, movement, or activities of any Federal, State, or
    tribal law enforcement agency with the intent to further a Federal
    crime relating to United States immigration, customs, controlled
    substances, agriculture, monetary instruments, or other border controls
    shall be fined under title 18, imprisoned not more than 10 years, or
    both.
        ``(b) Destruction of United States Border Controls.--Whoever
    knowingly and without lawful authorization destroys, alters, or damages
    any fence, barrier, sensor, camera, or other physical or electronic
    device deployed by the Federal government to control the border or a
    port of entry or otherwise seeks to construct, excavate, or make any
    structure intended to defeat, circumvent or evade any such fence,
    barrier, sensor camera, or other physical or electronic device deployed
    by the Federal government to control the border or a port of entry
    shall be fined under title 18, imprisoned not more than 10 years, or
    both, and if, at the time of the offense, the person uses or carries a
    firearm or who, in furtherance of any such crime, possesses a firearm,
    that person shall be fined under Title 18, imprisoned not more than 20
    years, or both
        ``(c) Conspiracy and Attempt.--Any person who attempts or conspires
    to violate subsection (a) or (b) of this section shall be punished in
    the same manner as a person who completes a violation of such
    subsection.''.
                (2) Table of contents amendment.--The table of contents is
            amended by adding after the item relating to section 294 the
            following:

    ``Sec. 295. Organized human smuggling.
    ``Sec. 296. Unlawfully hindering immigration, border, and customs
                                controls.''.
        (b) Prohibiting Carrying or Use of a Firearm During and in Relation
    to an Alien Smuggling Crime.--Section 924(c) of title 18, United States
    Code, is amended--
                (1) in paragraph (1)--
                        (A) in subparagraph (A), by inserting ``, alien
                    smuggling crime,'' after ``crime of violence'' each
                    place that term appears; and
                        (B) in subparagraph (D)(ii), by inserting ``, alien
                    smuggling crime,'' after ``crime of violence''; and
                (2) by adding at the end the following:
        ``(6) For purposes of this subsection, the term `alien smuggling
    crime' means any felony punishable under section 274(a), 277, or 278 of
    the Immigration and Nationality Act (8 U.S.C. 1324(a), 1327, and
    1328).''.
        (c) Statute of Limitations.--Section 3298 of title 18, United
    States Code, is amended by inserting ``, 295, 296, or 297'' after
    ``274(a)''.

    SEC. 3713. PREVENTING CRIMINALS FROM RENOUNCING CITIZENSHIP DURING
                  WARTIME.

        Section 349(a) (8 U.S.C. 1481(a) is amended--
                (1) by striking paragraph (6) ; and
                (2) redesignating paragraph (7) as paragraph (6).

    SEC. 3714. DIPLOMATIC SECURITY SERVICE.

        Paragraph (1) of section 37(a) of the State Department Basic
    Authorities Act of 1956 (22 U.S.C. 2709(a)) is amended to read as
    follows:
                ``(1) conduct investigations concerning--
                        ``(A) illegal passport or visa issuance or use;
                        ``(B) identity theft or document fraud affecting or
                    relating to the programs, functions, and authorities of
                    the Secretary of State;
                        ``(C) violations of chapter 77 of title 18, United
                    States Code; and
                        ``(D) Federal offenses committed within the special
                    maritime and territorial jurisdiction of the United
                    States (as defined in section 7(9) of title 18, United
                    States Code);''.

    SEC. 3715. SECURE ALTERNATIVES PROGRAMS.

        (a) In General.--The Secretary shall establish secure alternatives
    programs that incorporate case management services in each field office
    of the Department to ensure appearances at immigration proceedings and
    public safety.
        (b) Contract Authority.--The Secretary shall contract with
    nongovernmental community based organizations to conduct screening of
    detainees, provide appearance assistance services, and operate
    community-based supervision programs. Secure alternatives shall offer a
    continuum of supervision mechanisms and options including community
    support, depending on an assessment of each individual's circumstances.
    The Secretary may contract with nongovernmental organizations to
    implement secure alternatives that maintain custody over the alien.
        (c) Individualized Determinations.--In determining whether to use
    secure alternatives, the Secretary shall make an individualized
    determination, and for each individual placed on secure alternatives
    shall review the level of supervision on a monthly basis. Secure
    alternatives shall not be used when release on bail or recognizance is
    determined to be a sufficient measure to ensure appearances at
    immigration proceedings and public safety.
        (d) Custody.--The Secretary may use secure alternatives programs to
    maintain custody over any alien detained under this Act except for
    aliens detained under section 236A of the Immigration and Nationality
    Act (8 U.S.C. 1226a). If an individual is not eligible for release from
    custody or detention, the Secretary shall consider the alien for
    placement in secure alternatives that maintain custody over the alien
    to serve as detention, including the use of electronic ankle devices.

    SEC. 3716. OVERSIGHT OF DETENTION FACILITIES.

        (a) Definitions.--In this section:
                (1) Applicable standards.--The term ``applicable
            standards'' means the most recent version of detention
            standards and detention-related policies issued by the
            Secretary or the Director of U.S. Immigration and Customs
            Enforcement.
                (2) Detention facility.--The term ``detention facility''
            means a Federal, State, or local government facility, or a
            privately owned and operated facility, that is used, in whole
            or in part, to hold individuals under the authority of the
            Director of U.S. Immigration and Customs Enforcement, including
            facilities that hold such individuals under a contract or
            agreement with the Director.
        (b) Detention Requirements.--The Secretary shall ensure that all
    persons detained pursuant to the Immigration and Nationality Act (8
    U.S.C. 1101 et seq.) are treated humanely and benefit from the
    protections set forth in this section.
        (c) Oversight Requirements.--
                (1) Annual inspection.--All detention facilities shall be
            inspected by the Secretary on a regular basis, but not less
            than annually, for compliance with applicable detention
            standards issued by the Secretary and other applicable
            regulations.
                (2) Routine oversight.--In addition to annual inspections,
            the Secretary shall conduct routine oversight of detention
            facilities, including unannounced inspections.
                (3) Availability of records.--All detention facility
            contracts, memoranda of agreement, and evaluations and reviews
            shall be considered records for purposes of section 552(f)(2)
            of title 5, United States Code.
                (4) Consultation.--The Secretary shall seek input from
            nongovernmental organizations regarding their independent
            opinion of specific facilities.
        (d) Compliance Mechanisms.--
                (1) Agreements.--
                        (A) New agreements.--Compliance with applicable
                    standards of the Secretary and all applicable
                    regulations, and meaningful financial penalties for
                    failure to comply, shall be a material term in any new
                    contract, memorandum of agreement, or any
                    renegotiation, modification, or renewal of an existing
                    contract or agreement, including fee negotiations,
                    executed with detention facilities.
                        (B) Existing agreements.--Not later than 180 days
                    after the date of the enactment of this Act, the
                    Secretary shall secure a modification incorporating
                    these terms for any existing contracts or agreements
                    that will not be renegotiated, renewed, or otherwise
                    modified.
                        (C) Cancellation of agreements.--Unless the
                    Secretary provides a reasonable extension to a specific
                    detention facility that is negotiating in good faith,
                    contracts or agreements with detention facilities that
                    are not modified within 1 year of the date of the
                    enactment of this Act will be cancelled.
                        (D) Provision of information.--In making
                    modifications under this paragraph, the Secretary shall
                    require that detention facilities provide to the
                    Secretary all contracts, memoranda of agreement,
                    evaluations, and reviews regarding the facility on a
                    regular basis. The Secretary shall make these materials
                    publicly available.
                (2) Financial penalties.--
                        (A) Requirement to impose.--Subject to subparagraph
                    (C), the Secretary shall impose meaningful financial
                    penalties upon facilities that fail to comply with
                    applicable detention standards issued by the Secretary
                    and other applicable regulations.
                        (B) Timing of imposition.--Financial penalties
                    imposed under subparagraph (A) shall be imposed
                    immediately after a facility fails to achieve an
                    adequate or the equivalent median score in any
                    performance evaluation.
                        (C) Waiver.--The requirements of subparagraph (A)
                    may be waived if the facility corrects the noted
                    deficiencies and receives an adequate score in not more
                    than 90 days.
                        (D) Multiple offenders.--In cases of persistent and
                    substantial non-compliance, including scoring less than
                    adequate or the equivalent median score in 2
                    consecutive inspections, the Secretary shall terminate
                    contracts or agreements with such facilities within 60
                    days, or in the case of facilities operated by the
                    Secretary, such facilities shall be closed within 90
                    days.
        (e) Reporting Requirements.--
                (1) Objectives.--Not later than June 30 of each year, the
            Secretary shall prepare and submit to the Committee on the
            Judiciary of the Senate and the Committee on the Judiciary of
            the House of Representatives a report on inspection and
            oversight activities of detention facilities.
                (2) Contents.--Each report submitted under paragraph (1)
            shall include--
                        (A) a description of each detention facility found
                    to be in noncompliance with applicable detention
                    standards issued by the Department and other applicable
                    regulations;
                        (B) a description of the actions taken by the
                    Department to remedy any findings of noncompliance or
                    other identified problems, including financial
                    penalties, contract or agreement termination, or
                    facility closure; and
                        (C) information regarding whether the actions
                    described in subparagraph (B) resulted in compliance
                    with applicable detention standards and regulations.

    SEC. 3717. PROCEDURES FOR BOND HEARINGS AND FILING OF NOTICES TO
                  APPEAR.

        (a) Aliens in Custody.--Section 236 (8 U.S.C. 1226) is amended by
    adding at the end the following:
        ``(f) Procedures for Custody Hearings.--For any alien taken into
    custody under any provision of this Act, with the exception of minors
    being transferred to or in the custody of the Office of Refugee
    Resettlement, the following shall apply:
                ``(1) The Secretary of Homeland Security shall, without
            unnecessary delay and not later than 72 hours after the alien
            is taken into custody, file the Notice to Appear or other
            relevant charging document with the immigration court having
            jurisdiction over the location where the alien was apprehended,
            and serve such notice on the alien.
                ``(2) The Secretary shall immediately determine whether the
            alien shall remain in custody or be released and, without
            unnecessary delay and not later than 72 hours after the alien
            was taken into custody, serve upon the alien the custody
            decision specifying the reasons for continued custody and the
            amount of bond if any.
                ``(3) The Attorney General shall ensure the alien has the
            opportunity to appear before an immigration judge for a custody
            determination hearing promptly after service of the Secretary's
            custody decision. The immigration judge may, on the Secretary's
            motion and upon a showing of good cause, postpone a custody
            determination hearing for no more than 72 hours after service
            of the custody decision, except that in no case shall the
            hearing occur more than seven days (including weekends and
            holidays) after the alien was taken into custody.
                ``(4) The immigration judge shall advise the alien of the
            right to postpone the custody determination hearing and shall,
            on the oral or written request of the individual, postpone the
            custody determination hearing for a period of no more than 14
            days.
                ``(5) Except for aliens that the immigration judge has
            determined are deportable as described in section 236A and
            236(c), the immigration judge shall review the custody
            determination de novo and may detain the alien only if the
            Secretary demonstrates that no conditions, including the use of
            alternatives to detention that maintain custody over the alien,
            will reasonably assure the appearance of the alien as required
            and the safety of any other person and the community. For
            aliens detained under 236(c), the immigration judge may review
            the custody determination if the Secretary agrees the alien is
            not a danger to the community and alternatives to detention
            exist that assure the appearance of the alien as required and
            the safety of any other person and the community.
                ``(6) In the case of any alien remaining in custody after a
            custody determination, the Attorney General shall provide de
            novo custody determination hearings before an immigration judge
            every 90 days so long as the alien remains in custody. The
            alien may obtain a de novo custody redetermination hearing upon
            a showing of good cause.
                ``(7) The Secretary shall inform the alien of his or her
            rights under this paragraph at the time the alien is first
            taken into custody.''.
        (b) Stipulated Removal.--Section 240(d) (8 U.S.C. 1229a) is amended
    to read as follows:
        ``(d) Stipulated Removal.--The Attorney General shall provide by
    regulation for the entry by an immigration judge of an order of removal
    stipulated to by the alien (or the alien's representative) and the
    Service. An immigration judge may enter a stipulated removal order only
    upon a finding at an in-person hearing that the stipulation is
    voluntary, knowing and intelligent. A stipulated order shall constitute
    a conclusive determination of the alien's removability from the United
    States.''.

    SEC. 3718. SANCTIONS FOR COUNTRIES THAT DELAY OR PREVENT REPATRIATION
                  OF THEIR NATIONALS.

        Section 243(d) (8 U.S.C. 1253(d)) is amended to read as follows:
        ``(d) Discontinuing Granting Visas to Nationals of Countries That
    Deny or Delay Accepting Aliens.--Notwithstanding section 221(c), if the
    Secretary of Homeland Security determines, in consultation with the
    Secretary of State, that the government of a foreign country denies or
    unreasonably delays accepting aliens who are citizens, subjects,
    nationals, or residents of that country after the Secretary asks
    whether the government will accept an alien under this section, or
    after a determination that the alien is inadmissible under paragraph
    (6) or (7) of section 212(a), the Secretary of State shall order
    consular officers in that foreign country to discontinue granting
    visas, or classes of visas until the Secretary of Homeland Security
    notifies the Secretary of State that the country has accepted the
    aliens.''.

    SEC. 3719. GROSS VIOLATIONS OF HUMAN RIGHTS.

        (a) Inadmissibility of Certain Aliens.--Section 212(a)(3)(E)(iii)
    of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(E)(iii)) is
    amended to read as follows:
                                ``(iii) Commission of acts of torture,
                            extrajudicial killings, war crimes, or
                            widespread or systematic attacks on
                            civilians.--Any alien who planned, ordered,
                            assisted, aided and abetted, committed, or
                            otherwise participated, including through
                            command responsibility, in the commission of--
                                        ``(I) any act of torture (as
                                    defined in section 2340 of title 18,
                                    United States Code);
                                        ``(II) any extrajudicial killing
                                    (as defined in section 3(a) of the
                                    Torture Victim Protection Act of 1991
                                    (28 U.S.C. 1350 note)) under color of
                                    law of any foreign nation;
                                        ``(III) a war crime (as defined in
                                    section 2441 of title 18, United States
                                    Code); or
                                        ``(IV) a widespread or systematic
                                    attack directed against a civilian
                                    population, with knowledge of the
                                    attack, murder, extermination,
                                    enslavement, forcible transfer of
                                    population, arbitrary detention, rape,
                                    sexual slavery, enforced prostitution,
                                    forced pregnancy, enforced
                                    sterilization, or any other form of
                                    sexual violence of comparable gravity;
                                        ``(V) persecution on political
                                    racial, national, ethnic, cultural,
                                    religious, or gender grounds;
                                        ``(VI) enforced disappearance of
                                    persons; or
                                        ``(VII) other inhumane acts of a
                                    similar character intentionally causing
                                    great suffering or serious bodily or
                                    mental injury,
                            is in admissible.''.
        (b) Nonapplicability of Confidentiality Requirement With Respect to
    Visa Records.--The President may make public, without regard to the
    requirements under section 222(f) of the Immigration and Nationality
    Act (8 U.S.C. 1202(f)), with respect to confidentiality of records
    pertaining to the issuance or refusal of visas or permits to enter the
    United States, the names of aliens deemed inadmissible on the basis of
    section 212(a)(3)(E)(iii) of the Immigration and Nationality Act, as
    amended by subsection (a).

                TITLE IV--REFORMS TO NONIMMIGRANT VISA PROGRAMS

                Subtitle A--Employment-based Nonimmigrant Visas

    SEC. 4101. MARKET-BASED H-1B VISA LIMITS.

        (a) In General.--Section 214(g) (8 U.S.C. 1184(g)) is amended--
                (1) in paragraph (1)--
                        (A) in the matter preceding subparagraph (A), by
                    striking ``(beginning with fiscal year 1992)''; and
                        (B) by amending subparagraph (A) to read as
                    follows:
                        ``(A) under section 101(a)(15)(H)(i)(b) may not
                    exceed--
                                ``(i) 110,000 for the first fiscal year
                            beginning after the date of the enactment the
                            Border Security, Economic Opportunity, and
                            Immigration Modernization Act; and
                                ``(ii) the number calculated under
                            paragraph (9) for succeeding fiscal year; or'';
                (2) by redesignating paragraph (10) as subparagraph (D) of
            paragraph (9);
                (3) by redesignating paragraph (9) as paragraph (10); and
                (4) by inserting after paragraph (8) the following:
        ``(9)(A) Except as provided in subparagraphs (B) and (C), the
    allocation of nonimmigrant visas under section 101(a)(15)(H)(i)(b) for
    each fiscal year after the first fiscal year beginning after the date
    of the enactment of the Border Security, Economic Opportunity, and
    Immigration Modernization Act shall be equal to the sum of--
                ``(i) the allocation of such visas for the most recently
            completed fiscal year; and
                ``(ii) the product of--
                        ``(I) the allocation of such visas for the most
                    recently completed fiscal year; multiplied by
                        ``(II) the High Skilled Jobs Demand Index for such
                    fiscal year calculated under subparagraph (C).
        ``(B)(i) The number of visas calculated under subparagraph (A) for
    any fiscal year shall not be less than 110,000 or more than 180,000.
        ``(ii) The number of visas calculated under subparagraph (A) for
    any fiscal year may not be more than 10,000 more than, or less than
    10,000 less than, the allocation of such visas for the previous fiscal
    year.
        ``(C) The High Skilled Jobs Demand Index calculated under this
    subparagraph for a fiscal year is the percentage equal to the sum of--
                ``(i) \1/2\ of a fraction--
                        ``(I) the numerator of which is the number of
                    nonimmigrant visas under section 101(a)(15)(H)(i)(b)
                    petitioned for during the previous fiscal year minus
                    the numerical limitation of such visas determined under
                    paragraph (1) for the previous fiscal year; and
                        ``(II) the denominator of which is the numerical
                    limitation of such visas determined under paragraph (1)
                    for the previous fiscal year; and
                ``(ii) \1/2\ of a fraction--
                        ``(I) the numerator of which is the average number
                    of specified unemployed persons for the previous fiscal
                    year minus the average number of specified unemployed
                    persons for such fiscal year; and
                        ``(II) the denominator of which is the average
                    number of specified unemployed persons for such fiscal
                    year.
        ``(D) If the actual number of visas under section
    101(a)(15)(H)(i)(b) applied for during a previous fiscal year is not
    available at the time the Secretary determines the numerical limitation
    under subparagraph (C) for the following fiscal year, the Secretary may
    estimate such number based on a statistical extrapolation of the number
    of applications for such visas received at the time such estimate is
    made.
        ``(E) For purposes of subparagraph (C), the term `specified
    unemployed persons' means, with respect to any fiscal year, the number
    of unemployed persons in the `management, professional, and related
    occupations' category of the employment report released by the Bureau
    of Labor Statistics.''.
        (b) Increase in Allocation for STEM Nonimmigrants.--Section
    214(g)(5)(C) (8 U.S.C. 1184(g)(5)(C)) is amended to read as follows:
                ``(C) has earned a master's or higher, in a field of
            science, technology, engineering, or math included in the
            Department of Education's Classification of Instructional
            Programs taxonomy within the summary groups of computer and
            information sciences and support services, engineering,
            mathematics and statistics, and physical sciences, from a
            United States institution of higher education (as defined in
            section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
            1001(a)) until the number of aliens who are exempted from such
            numerical limitation during such year exceed 25,000.''.
        (c) Publication.--
                (1) Data summarizing petitions.--The Secretary shall timely
            upload to a public website data that summarizes the
            adjudication of nonimmigrant petitions under section
            101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8
            U.S.C. 1101(a)(15)(H)(i)(b)) during each fiscal year.
                (2) Annual numerical limitation.--As soon as practicable
            and no later than March 2 of each fiscal year, the Secretary
            shall publish in the Federal Register the numerical limitation
            determined under section 214(g)(1)(A) for such fiscal year.
        (d) Effective Date and Application.--The amendments made by
    subsection (a) shall take effect on the first day of the first fiscal
    year beginning after the date of the enactment of this Act and apply to
    applications for nonimmigrant visas under section 101(a)(15)(H)(i)(b)
    of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b))
    for such fiscal year.

    SEC. 4102. EMPLOYMENT AUTHORIZATION FOR DEPENDENTS OF EMPLOYMENT-BASED
                  NONIMMIGRANTS.

        Section 214(c) (8 U.S.C. 1184(c)) is amended--
                (1) by striking ``Attorney General'' each place such term
            appears and inserting ``Secretary of Homeland Security''; and
                (2) in paragraph (2), by amending subparagraph (E) to read
            as follows:
        ``(E)(i) In the case of an alien spouse admitted under section
    101(a)(15)(L), who is accompanying or following to join a principal
    alien admitted under such section, the Secretary of Homeland Security
    shall--
                ``(I) authorize the alien spouse to engage in employment in
            the United States; and
                ``(II) provide the spouse with an `employment authorized'
            endorsement or other appropriate work permit.
        ``(ii) In the case of an alien spouse admitted under section
    101(a)(15)(H)(i), who is accompanying or following to join a principal
    alien admitted under such section, the Secretary of Homeland Security
    shall--
                ``(I) authorize the alien spouse to engage in employment in
            the United States only if such spouse is a national of a
            foreign country that permits reciprocal employment; and
                ``(II) provide such a spouse with an `employment
            authorized' endorsement or other appropriate work permit, if
            appropriate.
        ``(iii)(I) In clause (ii), the term `foreign country that permits
    reciprocal employment' means a foreign country that permits a spouse
    who is a national of the United States and is accompanying or following
    to join the employment-based nonimmigrant husband or wife of such
    spouse to be employed in such foreign country based on that status.
        ``(II) In subclause (I), the term `employment-based nonimmigrant'
    means an individual who is admitted to a foreign country to perform
    employment similar to the employment described in section
    101(a)(15)(H)(i)(b).''.

    SEC. 4103. ELIMINATING IMPEDIMENTS TO WORKER MOBILITY.

        (a) Deference to Prior Approvals.--Section 214(c) (8 U.S.C.
    1184(c)), as amended by section 4102, is further amended by adding at
    the end the following:
        ``(15) Subject to paragraph (2)(D) and subsection (g) and section
    104(c) and subsections (a) and (b) of section 106 of the American
    Competitiveness in the Twenty-first Century Act of 2000 (Public Law
    106-313; 8 U.S.C. 1184 note), the Secretary of Homeland Security shall
    give deference to a prior approval of a petition in reviewing a
    petition to extend the status of a nonimmigrant admitted under
    subparagraph (H)(i)(b) or (L) of section 101(a)(15) if the petition
    involves the same alien and petitioner unless the Secretary determines
    that--
                ``(A) there was a material error with regard to the
            previous petition approval;
                ``(B) a substantial change in circumstances has taken
            place;
                ``(C) new material information has been discovered that
            adversely impacts the eligibility of the employer or the
            nonimmigrant; or
                ``(D) in the Secretary's discretion, such extension should
            not be approved.''.
        (b) Effect of Employment Termination.--Section 214(n) (8 U.S.C.
    1184(n)) is amended by adding at the end the following:
        ``(3) A nonimmigrant admitted under section 101(a)(15)(H)(i)(b)
    whose employment relationship terminates before the expiration of the
    nonimmigrant's period of authorized admission shall be deemed to have
    retained such legal status throughout the entire 60-day period
    beginning on the date such employment is terminated. A nonimmigrant who
    files a petition to extend, change, or adjust their status at any point
    during such period shall be deemed to have lawful status under section
    101(a)(15)(H)(i)(b) while that petition is pending.''.
        (c) Visa Revalidation.--Section 222(c) (8 U.S.C. 1202(c)) is
    amended--
                (1) by inserting ``(1)'' before ``Every alien''; and
                (2) by adding at the end the following:
        ``(2) The Secretary of State may, at the Secretary's discretion,
    renew in the United States the visa of an alien admitted under
    subparagraph (A), (E), (G), (H), (I), (L), (N), (O), (P), (R), or (W)
    section 101(a)(15) if the alien has remained eligible for such status
    and qualifies for a waiver of interview as provided for in subsection
    (h)(1)(D).''.
        (d) Interview Waivers for Low Risk Visa Applicants.--Section
    222(h)(1) (8 U.S.C. 1202(h)(1)) is amended--
                (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:
                        ``(D) by the Secretary of State, in consultation
                    with the Secretary of Homeland Security, for such
                    aliens or classes of aliens--
                                ``(i) that the Secretary determines
                            generally represent a low security risk;
                                ``(ii) for which an in-person interview
                            would not add material benefit to the
                            adjudication process;
                                ``(iii) unless the Secretary of State,
                            after a review of all standard database and
                            biometric checks, the visa application, and
                            other supporting documents, determines that an
                            interview is unlikely to reveal derogatory
                            information; and
                                ``(iv) except that in every case, the
                            Secretary of State retains the right to require
                            an applicant to appear for an interview; and''.

    SEC. 4104. STEM EDUCATION AND TRAINING.

        (a) Fee.--Section 212(a)(5)(A) (8 U.S.C. 1182(a)(5)(A)) is amended
    by adding at the end the following:
                                ``(v) Fee.--An employer shall submit, along
                            with an application for a certification under
                            this subparagraph, a fee of $500 which shall be
                            deposited in the STEM Education and Training
                            Account established by section 286(s).''.
        (b) Use of Fee.--Section 286(s) (8 U.S.C. 1356(s)) is amended to
    read as follows:
        ``(s) STEM Education and Training Account.--
                ``(1) In general.--There is established in the general fund
            of the Treasury a separate account, which shall be known as the
            `STEM Education and Training Account'. Notwithstanding any
            other section of this title, there shall be deposited as
            offsetting receipts into the account all fees collected under
            section 212(a)(5)(A)(v).
                ``(2) Low-income stem scholarship program.--Sixty percent
            of the amounts deposited into the STEM Education and Training
            Account shall remain available to the Director of the National
            Science Foundation until expended for scholarships described in
            section 414(d) of the American Competitiveness and Workforce
            Improvement Act of 1998 (42 U.S.C. 1869c) for low-income
            students enrolled in a program of study leading to a degree in
            science, technology, engineering, or mathematics.
                ``(3) National science foundation competitive grant program
            for k-12 science, technology, engineering and mathematics
            education.--
                        ``(A) In general.--Fifteen percent of the amounts
                    deposited into the STEM Education and Training Account
                    shall remain available to the Director of the National
                    Science Foundation until expended to carry out a direct
                    or matching grant program to support improvement in K-
                    12 education, including through private-public
                    partnerships.
                        ``(B) Types of programs covered.--The Director
                    shall award grants to such programs, including those
                    which support the development and implementation of
                    standards-based instructional materials models and
                    related student assessments that enable K-12 students
                    to acquire an understanding of science, technology,
                    engineering, and mathematics, as well as to develop
                    critical thinking skills; provide systemic improvement
                    in training K-12 teachers and education for students in
                    science, technology, engineering, and mathematics,
                    including by supporting efforts to promote gender-
                    equality among students receiving such instruction;
                    support the professional development of K-12 science,
                    technology, engineering and mathematics teachers in the
                    use of technology in the classroom; stimulate system-
                    wide K-12 reform of science, technology, engineering,
                    and mathematics in rural, economically disadvantaged
                    regions of the United States; provide externships and
                    other opportunities for students to increase their
                    appreciation and understanding of science, technology,
                    engineering, and mathematics (including summer
                    institutes sponsored by an institution of higher
                    education for students in grades 7-12 that provide
                    instruction in such fields); involve partnerships of
                    industry, educational institutions, and community
                    organizations to address the educational needs of
                    disadvantaged communities; provide college preparatory
                    support to expose and prepare students for careers in
                    science, technology, engineering, and mathematics; and
                    provide for carrying out systemic reform activities
                    under section 3(a)(1) of the National Science
                    Foundation Act of 1950 (42 U.S.C. 1862(a)(1)).
                ``(4) Stem capacity building at minority-serving
            institutions.--
                        ``(A) In general.--Twelve percent of the amounts
                    deposited into the STEM Education and Training Account
                    shall remain available to the Director of the National
                    Science Foundation until expended to establish or
                    expand programs to award grants on a competitive,
                    merit-reviewed basis to enhance the quality of
                    undergraduate science, technology, engineering, and
                    mathematics education at minority-serving institutions
                    of higher education and to increase the retention and
                    graduation rates of students pursuing degrees in such
                    fields at such institutions.
                        ``(B) Types of programs covered.--Grants awarded
                    under this paragraph shall be awarded to--
                                ``(i) minority-serving institutions of
                            higher education for--
                                        ``(I) activities to improve courses
                                    and curriculum in science, technology,
                                    engineering, and mathematics;
                                        ``(II) efforts to promote gender
                                    equality among students enrolled in
                                    such courses;
                                        ``(III) faculty development;
                                        ``(IV) stipends for undergraduate
                                    students participating in research; and
                                        ``(V) other activities consistent
                                    with subparagraph (A), as determined by
                                    the Director; and
                                ``(ii) to other institutions of higher
                            education to partner with the institutions
                            described in clause (i) for--
                                        ``(I) faculty and student
                                    development and exchange;
                                        ``(II) research infrastructure
                                    development;
                                        ``(III) joint research projects;
                                    and
                                        ``(IV) identification and
                                    development of minority and low-income
                                    candidates for graduate studies in
                                    science, technology, engineering and
                                    mathematics degree programs.
                        ``(C) Institutions included.--In this paragraph,
                    the term `minority-serving institutions of higher
                    education' shall include--
                                ``(i) colleges eligible to receive funds
                            under the Act of August 30, 1890 (7 U.S.C. 321-
                            326a and 328), including Tuskegee University;
                                ``(ii) 1994 Institutions, as defined in
                            section 532 of the Equity in Educational Land-
                            Grant Status Act of 1994 (7 U.S.C. 301 note);
                            and
                                ``(iii) Hispanic-serving institutions, as
                            defined in section 502(a)(5) of the Higher
                            Education Act of 1965 (20 U.S.C. 1101a(a)(5)).
                ``(5) STEM job training.--Ten percent of amounts deposited
            into the STEM Education and Training Account shall remain
            available to the Secretary of Labor until expended for--
                        ``(A) demonstration programs and projects described
                    in section 414(c) of the American Competitiveness and
                    Workforce Improvement Act of 1998; and
                        ``(B) training programs in the fields of science,
                    technology, engineering, and mathematics for persons
                    who have served honorably in the Armed Forces of the
                    United States and have retired or are retiring from
                    such service.
                ``(6) Use of fees for duties relating to petitions.--One
            and one-half percent of the amounts deposited into the STEM
            Education and Training Account shall remain available to the
            Secretary of Homeland Security until expended to carry out
            duties under paragraphs (1) (E) or (F) of section 204(a)
            (related to petitions for immigrants described in section
            203(b)) and under paragraphs (1) and (9) of section 214(c)
            (related to petitions made for nonimmigrants described in
            section 101(a)(15)(H)(i)(b)).
                ``(7) Use of fees for application processing and
            enforcement.--One and one-half percent of the amounts deposited
            into the STEM Education and Training Account shall remain
            available to the Secretary of Labor until expended for
            decreasing the processing time for applications under section
            212(a)(5)(A) and section 212(n)(1).''.

               Subtitle B--H-1B Visa Fraud and Abuse Protections

               CHAPTER 1--H-1B EMPLOYER APPLICATION REQUIREMENTS

    SEC. 4211. MODIFICATION OF APPLICATION REQUIREMENTS.

        (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)--
                                        (I) in the matter preceding
                                    subclause (I), by inserting ``if the
                                    employer is not an H-1B-dependent
                                    employer,'' before ``is offering'';
                                        (II) in subclause (I), by striking
                                    ``question, or'' and inserting
                                    ``question; or'';
                                        (III) in subclause (II), by
                                    striking ``employment,'' and inserting
                                    ``employment;'' and
                                        (IV) in the undesignated material
                                    following subclause (II), by striking
                                    ``application, and'' and inserting
                                    ``application;''; and
                                (ii) by striking clause (ii) and inserting
                            the following:
                        ``(ii) if the employer is an H-1B-dependent
                    employer, is offering and will offer to H-1B
                    nonimmigrants, during the period of authorized
                    employment for each H-1B nonimmigrant, wages that are
                    not less than the level 2 wages set out in subsection
                    (p); and
                        ``(iii) will provide working conditions for H-1B
                    nonimmigrants that will not adversely affect the
                    working conditions of other workers similarly
                    employed.''.
                (2) Strengthening the prevailing wage system.--
                        (A) In general.--Section 212(p) (8 U.S.C. 1182(p))
                    is amended to read as follows:
        ``(p) Computation of Prevailing Wage Level.--
                ``(1) In general.--
                        ``(A) Surveys.--For employers of nonimmigrants
                    admitted pursuant to section 101(a)(15)(H)(i)(b), the
                    Secretary of Labor shall make available to employers a
                    governmental survey to determine the prevailing wage
                    for each occupational classification by metropolitan
                    statistical area in the United States. Such survey, or
                    other survey approved by the Secretary of Labor, shall
                    provide 3 levels of wages commensurate with experience,
                    education, and level of supervision. Such wage levels
                    shall be determined as follows:
                                ``(i) The first level shall be the mean of
                            the lowest two-thirds of wages surveyed, but in
                            no case less than 80 percent of the mean of the
                            wages surveyed.
                                ``(ii) The second level shall be the mean
                            of wages surveyed.
                                ``(iii) The third level shall be the mean
                            of the highest two-thirds of wages surveyed.
                        ``(B) Educational, nonprofit, research, and
                    governmental entities.--In computing the prevailing
                    wage level for an occupational classification in an
                    area of employment for purposes of section 203(b)(1)(D)
                    and subsections (a)(5)(A), (n)(1)(A)(i)(II), and
                    (t)(1)(A)(i)(II) of this section in the case of an
                    employee of--
                                ``(i) an institution of higher education,
                            or a related or affiliated nonprofit entity; or
                                ``(ii) a nonprofit research organization or
                            a governmental research organization;
                    the prevailing wage level shall only take into account
                    employees at such institutions and organizations in the
                    area of employment.
                ``(2) Payment of prevailing wage.--The prevailing wage
            level required to be paid pursuant to section 203(b)(1)(D) and
            subsections (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II)
            of this section shall be 100 percent of the wage level
            determined pursuant to those sections.
                ``(3) Professional athlete.--With respect to a professional
            athlete (as defined in subsection (a)(5)(A)(iii)(II)) when the
            job opportunity is covered by professional sports league rules
            or regulations, the wage set forth in those rules or
            regulations shall be considered as not adversely affecting the
            wages of United States workers similarly employed and be
            considered the prevailing wage.
                ``(4) Wages for h-2b employees.--
                        ``(A) In general.--The wages paid to H-2B
                    nonimmigrants employed by the employer will be the
                    greater of--
                                ``(i) the actual wage level paid by the
                            employer to other employees with similar
                            experience and qualifications for such
                            position; or
                                ``(ii) the prevailing wage level for the
                            occupational classification of the position in
                            the geographic area of the employment, based on
                            the best information available as of the time
                            of filing the application.
                        ``(B) Best information available.--In subparagraph
                    (A), the term `best information available', with
                    respect to determining the prevailing wage for a
                    position, means--
                                ``(i) a controlling collective bargaining
                            agreement or Federal contract wage, if
                            applicable;
                                ``(ii) if there is no applicable wage under
                            clause (i), the wage level commensurate with
                            the experience, training, and supervision
                            required for the job based on Bureau of Labor
                            Statistics data; or
                                ``(iii) if the data referred to in clause
                            (ii) is not available, a legitimate and recent
                            private survey of the wages paid for such
                            positions in the metropolitan statistical
                            area.''.
                (3) Wages for educational, nonprofit, research, and
            governmental entities.--Section 212 is amended by adding at the
            end the following:
        ``(v) Determination of Prevailing Wage.--In the case of a nonprofit
    institution of higher education (as defined in section 101(a) of the
    Higher Education Act of 1965 (20 U.S.C. 1001(a)), a related or
    affiliated nonprofit entity, a nonprofit research organization, or a
    Governmental research organization, the Secretary of Labor shall
    determine such wage levels as follows:
                ``(1) If the Secretary of Labor uses, or makes available to
            employers, a governmental survey to determine the prevailing
            wage, such survey shall provide at least 4 levels of wages
            commensurate with experience, education, and the level of
            supervision.
                ``(2) If an existing government survey has only 2 levels, 2
            intermediate levels may be created by dividing by 3, the
            difference between the 2 levels offered, adding the quotient
            thus obtained to the first level and subtracting that quotient
            from the second level .
                ``(3) For institutions of higher education, only teaching
            positions and research positions may be paid using this special
            educational wage level.''.
        (b) Internet Posting Requirement.--Section 212(n)(1)(C) (8 U.S.C.
    1182(n)(1)(C)) is amended--
                (1) by redesignating clause (ii) as subclause (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'';
                (4) by inserting before clause (ii), as redesignated by
            paragraph (2), the following:
                        ``(i) has advertised on the Internet website
                    maintained by the Secretary of Labor for the purpose of
                    such advertising, for at least 30 calendar days, a
                    detailed description of each position for which a
                    nonimmigrant is sought that includes a description of--
                                ``(I) the wage ranges and other terms and
                            conditions of employment;
                                ``(II) the minimum education, training,
                            experience, and other requirements for the
                            position; and
                                ``(III) the process for applying for the
                            position; and''.
        (c) Application of Requirements to All Employers.--
                (1) Nondisplacement.--Section 212(n)(1)(E) (8 U.S.C.
            1182(n)(1)(E)) is amended to read as follows:
                ``(E)(i)(I) Subject to subclause (II), in the case of an
            application filed by an employer that is not an H-1B-dependent
            employer, the employer did not displace and will not displace a
            United States worker (as defined in paragraph (4)) employed by
            the employer within the period beginning 90 days before and
            ending 90 days after the date of filing of any visa petition
            supported by the application.
                ``(II) An employer who is not an H-1B-dependent employer
            shall not be subject to clause (i) if the number of United
            States workers employed by such employer in the same job zone
            as the H-1B nonimmigrant has not decreased during the 1-year
            period ending on the date of the labor condition application
            filed by the employer.
                ``(ii)(I) In the case of an application filed by an H-1B-
            dependent employer, the employer did not displace and will not
            displace a United States worker (as defined in paragraph (4))
            employed by the employer within the period beginning 180 days
            before and ending 180 days after the date of the filing of any
            visa petition supported by the application.
                ``(II) An application described in this clause is an
            application filed on or after the date final regulations are
            first promulgated to carry out this subparagraph, and before by
            an H-1B-dependent employer (as defined in paragraph (3)) or by
            an employer that has been found, on or after the date of the
            enactment of the American Competitiveness and Workforce
            Improvement Act of 1998, under paragraph (2)(C) or (5) to have
            committed a willful failure or misrepresentation during the 5-
            year period preceding the filing of the application.
                ``(iii) In this subparagraph, the term` job zone' means a
            zone assigned to an occupation by--
                        ``(I) the Occupational Information Network Database
                    (O*NET) on the date of the enactment of this Act; or
                        ``(II) such Database or a similar successor
                    database, as designated by the Secretary of Labor,
                    after the date of the enactment of this Act.''.
                (2) Recruitment.--Section 212(n)(1)(G) (8 U.S.C.
            1182(n)(1)(G)) is amended to read as follows:
                ``(G) An employer, prior to filing the application--
                        ``(i) has advertised the job on an Internet website
                    maintained by the Secretary of Labor for the purpose of
                    such advertising;
                        ``(ii) has offered the job to any United States
                    worker who applies and is equally or better qualified
                    for the job for which the nonimmigrant or nonimmigrants
                    is or are sought; and
                        ``(iii) if the employer is an H-1B-dependent
                    employer, has taken good faith steps to recruit, in the
                    United States using procedures that meet industry-wide
                    standards and offering compensation that is at least as
                    great as that required to be offered to H-1B
                    nonimmigrants under subparagraph (A), United States
                    workers for the job for which the nonimmigrant or
                    nonimmigrants is or are sought.''.
        (d) Outplacement.--Section 212(n)(1)(F) (8 U.S.C. 1182(n)(1)(F)) is
    amended to read as follows:
                        ``(F)(i) An H-1B-dependent employer may not place,
                    outsource, lease, or otherwise contract for the
                    services or placement of an H-1B nonimmigrant employee.
                        ``(ii) An employer that is not an H-1B-dependent
                    employer and not described in paragraph (3)(A)(i) may
                    not place, outsource, lease, or otherwise contract for
                    the services or placement of an H-1B nonimmigrant
                    employee unless the employer pays a fee of $500.
                        ``(iii) A fee collected under clause (ii) shall be
                    deposited in the Comprehensive Immigration Reform Trust
                    Fund established under section 6 of the Border
                    Security, Economic Opportunity, and Immigration
                    Modernization Act.''.
        (e) H-1B-dependent Employer Defined.--Section 212(n)(3) (8 U.S.C.
    1182(n)(3)) is amended to read as follows:
        ``(3)(A) For purposes of complying with the requirements related to
    outplacement of an employee, the term `H-1B-dependent employer' means
    an employer that--
                ``(i) is not a nonprofit institution of higher education, a
            nonprofit research organization, or an employer whose primary
            line of business is healthcare and who is petitioning for a
            physician, a nurse, or physical therapist or a substantially
            equivalent healthcare occupation; and
                ``(ii)(I) in the case of an employer that has 25 or fewer
            full-time equivalent employees who are employed in the United
            States, employs more than 7 H-1B nonimmigrants;
                ``(II) in the case of an employer that has at least 26 but
            not more than 50 full-time equivalent employees who are
            employed in the United States, employs more than 12 H-1B
            nonimmigrant; or
                ``(III) in the case of an employer that has at least 51
            full-time equivalent employees who are employed in the United
            States, employs H-1B nonimmigrants in a number that is equal to
            at least 15 percent of the number of such full-time equivalent
            employees.
        ``(B) In determining the number of employees who are H-1B
    nonimmigrants under subparagraph (A)(ii), an intending immigrant
    employee shall not count toward such number''.
        (f) Intending Immigrants Defined.--Section 101(a) (8 U.S.C.
    1101(a)) is amended by adding at the end the following:
                ``(53)(A) The term `intending immigrant' means, with
            respect to the number of aliens employed by an employer, an
            alien who intends to work and reside permanently in the United
            States, as evidenced by--
                        ``(i) for a covered employer, an approved
                    application for a labor certification or an application
                    that has been pending for longer than 1 year; or
                        ``(ii) a pending or approved immigrant status
                    petition filed for such alien.
                ``(B) In this paragraph:
                        ``(i) The term `covered employer' means an employer
                    of an alien that, during the 1-year period ending on
                    the date the employer files an application for the
                    labor certification for such alien, has filed an
                    immigrant status petition for not less than 90 percent
                    of the aliens for whom the employer filed an
                    application for a labor certification during such
                    period. Labor certification applications that have been
                    pending for longer than 1 year may be treated for this
                    calculation as if the employer filed an immigrant
                    status petition
                        ``(ii) The term `labor certification' means an
                    employment certification under section 212(a)(5)(A).
                        ``(iii) The term `immigrant status petition' means
                    a petition filed under paragraph (1), (2), or (3) of
                    section 203(b).
                ``(C) Notwithstanding any other provision of law, for all--
                        ``(i) calculations under this Act of the number of
                    aliens admitted pursuant to subparagraph (H)(i)(b) or
                    (L) of paragraph (15) an intending immigrant shall be
                    counted as an alien lawfully admitted for permanent
                    residence and shall not be counted as an employee
                    admitted pursuant to such a subparagraph; and
                        ``(ii) determinations of the number of employees or
                    United States workers employed by an employer, all of
                    the employees in any group treated as a single employer
                    under subsection (b), (c), (m), or (o) of section 414
                    of the Internal Revenue Code of 1986 shall be
                    counted.''.

    SEC. 4212. REQUIREMENTS FOR ADMISSION OF NONIMMIGRANT NURSES IN HEALTH
                  PROFESSIONAL SHORTAGE AREAS.

        (a) Extension of Period of Authorized Admission.--Section 212(m)(3)
    (8 U.S.C. 1182(m)(3)) is amended to read as follows:
        ``(3) The initial period of authorized admission as a nonimmigrant
    under section 101(a)(15)(H)(i)(c) shall be 3 years, and may be extended
    once for an additional 3-year period.''.
        (b) Number of Visas.--Section 212(m)(4) (8 U.S.C. 1182(m)(4)) is
    amended by striking ``500.'' and inserting ``300.''.
        (c) Portability.--Section 214(n) (8 U.S.C. 1184(n)), as amended by
    section 4103(b), is further amended by adding at the end the following:
        ``(4)(A) A nonimmigrant alien described in subparagraph (B) who was
    previously issued a visa or otherwise provided nonimmigrant status
    under section 101(a)(15)(H)(i)(c) is authorized to accept new
    employment performing services as a registered nurse for a facility
    described in section 212(m)(6) upon the filing by the prospective
    employer of a new petition on behalf of such nonimmigrant as provided
    under subsection (c). Employment authorization shall continue for such
    alien until the new petition is adjudicated. If the new petition is
    denied, such authorization shall cease.
        ``(B) A nonimmigrant alien described in this paragraph is a
    nonimmigrant alien--
                ``(i) who has been lawfully admitted into the United
            States;
                ``(ii) on whose behalf an employer has filed a nonfrivolous
            petition for new employment before the date of expiration of
            the period of stay authorized by the Secretary of Homeland
            Security, except that, if a nonimmigrant described in section
            101(a)(15)(H)(i)(c) is terminated or laid off by the
            nonimmigrant's employer, or otherwise ceases employment with
            the employer, such petition for new employment shall be filed
            during the 45-day period beginning on the date of such
            termination, lay off, or cessation; and
                ``(iii) who, subsequent to such lawful admission, has not
            been employed without authorization in the United States before
            the filing of such petition.''.
        (d) Applicability.--
                (1) In general.--Beginning on the commencement date
            described in paragraph (2), the amendments made by section 2 of
            the Nursing Relief for Disadvantaged Areas Act of 1999 (Public
            Law 106-95; 113 Stat. 1313), and the amendments made by this
            section, shall apply to classification petitions filed for
            nonimmigrant status. This period shall be in addition to the
            period described in section 2(e) of the Nursing Relief for
            Disadvantaged Areas Act of 1999 (8 U.S.C. 1182 note).
                (2) Commencement date.--Not later than 60 days after the
            date of the enactment of this Act, the Secretary shall
            determine whether regulations are necessary to implement the
            amendments made by this section. If the Secretary determines
            that no such regulations are necessary, the commencement date
            described in this paragraph shall be the date of such
            determination. If the Secretary determines that regulations are
            necessary to implement any amendment made by this section, the
            commencement date described in this paragraph shall be the date
            on which such regulations (in final form) take effect.

    SEC. 4213. NEW APPLICATION REQUIREMENTS.

        Section 212(n)(1) (8 U.S.C. 1182(n)(1)) is amended by inserting
    after clause (iii) of subparagraph (G) , as amended by section
    4211(c)(2),the following:
                ``(H)(i) The employer has not advertised any available
            position specified in the application in an advertisement that
            states or indicates that--
                        ``(I) such position is only available to an
                    individual who is or will be an H-1B nonimmigrant or an
                    alien participating in optional practical training
                    pursuant to section 101(a)(15)(F)(i); or
                        ``(II) an individual who is or will be an H-1B
                    nonimmigrant or participant in such optional practical
                    training shall receive priority or a preference in the
                    hiring process for such position.
                ``(ii) The employer has not solely recruited individuals
            who are or who will be H-1B nonimmigrants or participants in
            optional practical training pursuant to section
            101(a)(15)(F)(i) to fill such position.
                ``(I)(i) If the employer (other than an educational or
            research employer) employs 50 or more employees in the United
            States, the sum of the number of such employees who are H-1B
            nonimmigrants plus the number of such employees who are
            nonimmigrants described in section 101(a)(15)(L) may not
            exceed--
                        ``(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
                        ``(III) 50 percent of the total number of
                    employees, for each fiscal year after fiscal year 2016.
                ``(ii) In this subparagraph:
                        ``(I) The term `educational or research employer'
                    means an employer that is a nonprofit institution of
                    higher education or a nonprofit research organization
                    described in section 501(c)(3) of the Internal Revenue
                    Code of 1986 and exempt from taxation under 501(a) of
                    that Code.
                        ``(II) The term `H-1B nonimmigrant' means an alien
                    admitted as a nonimmigrant pursuant to section
                    101(a)(15)(H)(i)(b).
                        ``(III) The term `L nonimmigrant' means an alien
                    admitted as a nonimmigrant pursuant to section
                    101(a)(15)(L) to provide services to his or her
                    employer involving specialized knowledge.
                ``(iii) In determining the percentage of employees of an
            employer that are H-1B nonimmigrants or L nonimmigrants under
            clause (i), an intending immigrant employee shall not count
            toward such percentage.
                ``(J) The employer shall submit to the Secretary of
            Homeland Security an annual report that includes the Internal
            Revenue Service Form W-2 Wage and Tax Statement filed by the
            employer for each H-1B nonimmigrant employed by the employer
            during the previous year.''.

    SEC. 4214. APPLICATION REVIEW REQUIREMENTS.

        (a) Technical Amendment.--Section 212(n)(1) (8 U.S.C. 1182(n)(1)),
    as amended by section 4213, is further amended in the undesignated
    paragraph at the end, by striking ``The employer'' and inserting the
    following:
                ``(K) The employer''.
        (b) Application Review Requirements.--Subparagraph (K) of such
    section 212(n)(1), as designated by subsection (a), is amended--
                (1) by inserting ``and through the Department of Labor's
            website, without charge.'' after ``D.C.'';
                (2) by striking ``only for completeness'' and inserting
            ``for completeness and evidence of fraud or misrepresentation
            of material fact,'';
                (3) by striking ``or obviously inaccurate'' and inserting
            ``, presents evidence of fraud or misrepresentation of material
            fact, or is obviously inaccurate'';
                (4) by striking ``within 7 days of the'' and inserting
            ``not later than 14 after''; and
                (5) by adding at the end the following: ``If the
            Secretary's review of an application identifies evidence of
            fraud or misrepresentation of material fact, the Secretary may
            conduct an investigation and hearing in accordance with
            paragraph (2).''.
        (c) Filing of Petition for Nonimmigrant Worker.--Section 212(n)(1)
    (8 U.S.C. 1182(n)(1)), as amended by section 4213, is further amended
    by adding at the end the following:
                ``(L) An I-129 Petition for Nonimmigrant Worker (or similar
            successor form)--
                        ``(i) may be filed by an employer with the
                    Secretary of Homeland Security prior to the date the
                    employer receives an approved certification described
                    in section 101(a)(15)(H)(i)(b) from the Secretary of
                    Labor; and
                        ``(ii) may not be approved by the Secretary of
                    Homeland Security until the date such certification is
                    approved.''.

     CHAPTER 2-- INVESTIGATION AND DISPOSITION OF COMPLAINTS AGAINST H-1B
                                   EMPLOYERS

    SEC. 4221. GENERAL MODIFICATION OF PROCEDURES FOR INVESTIGATION AND
                  DISPOSITION.

        Subparagraph (A) of section 212(n)(2) (8 U.S.C. 1182(n)(2)) is
    amended--
                (1) by striking ``(A) Subject'' and inserting ``(A)(i)
            Subject'';
                (2) by striking ``12 months'' and inserting ``24 months'';
                (3) by striking the last sentence; and
                (4) by adding at the end the following:
                        ``(ii)(I) Upon the receipt of such a complaint, the
                    Secretary may initiate an investigation to determine if
                    such a failure or misrepresentation has occurred.
                        ``(II) The Secretary may conduct voluntary surveys
                    of the degree to which employers comply with the
                    requirements of this subsection.
                        ``(III) The Secretary shall--
                                ``(aa) conduct annual compliance audits of
                            each employer with more than 100 employees who
                            work in the United States if more than 15
                            percent of such employees are H-1B
                            nonimmigrants; and
                                ``(bb) make available to the public an
                            executive summary or report describing the
                            general findings of the audits carried out
                            pursuant to this subclause.''.

    SEC. 4222. INVESTIGATION, WORKING CONDITIONS, AND PENALTIES.

        Subparagraph (C) of section 212(n)(2) (8 U.S.C. 1182(n)(2)) is
    amended--
                (1) in clause (i)--
                        (A) in the matter preceding subclause (I)--
                                (i) by striking ``a condition of paragraph
                            (1)(B), (1)(E), or (1)(F)'' and inserting ``a
                            condition under subparagraph (A), (B), (C)(i),
                            (E), (F), (G)(i)(I), (H), (I), or (J) of
                            paragraph (1)''; and
                                (ii) by striking ``(1)(C)'' and inserting
                            ``(1)(C)(ii)'';
                        (B) in subclause (I)--
                                (i) by striking ``$1,000'' and inserting
                            ``$2,000''; and
                                (ii) by striking ``and'' at the end;
                        (C) in subclause (II), by striking the period at
                    the end and inserting a semicolon and ``and''; and
                        (D) by adding at the end the following:
                ``(III) an employer that violates such subparagraph (A)
            shall be liable to any employee harmed by 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 inserting
                            ``$10,000'';
                        (B) in subclause (II), by striking the period at
                    the end and inserting a semicolon and ``and''; and
                        (C) by adding at the end the following:
                ``(III) an employer that violates such subparagraph (A)
            shall be liable to any employee harmed by such violations for
            lost wages and benefits.'';
                (3) in clause (iii)--
                        (A) in the matter preceding subclause (I), by
                    striking ``90 days'' both places it appears and
                    inserting ``180 days'';
                        (B) in subclause (I)--
                                (i) by striking ``may'' and inserting
                            ``shall''; and
                                (ii) by striking ``and'' at the end;
                        (C) in subclause (II), by striking the period at
                    the end and inserting a semicolon and ``and''; and
                        (D) by adding at the end the following:
                ``(III) an employer that violates subparagraph (A) of such
            paragraph shall be liable to any employee harmed by such
            violations for lost wages and benefits.'';
                (4) in clause (iv)--
                        (A) by inserting ``to take, or threaten to take, a
                    personnel action, or'' before ``to intimidate'';
                        (B) by inserting ``(I)'' after ``(iv)''; and
                        (C) by adding at the end the following:
                ``(II) An employer that violates this clause shall be
            liable to any H-1B nonimmigrant employee harmed by such
            violation for lost wages and benefits.''; and
                (5) in clause (vi)--
                        (A) by amending subclause (I) to read as follows:
                ``(I) It is a violation of this clause for an employer who
            has filed an application under this subsection--
                        ``(aa) to require an H-1B nonimmigrant to pay a
                    penalty for ceasing employment with the employer prior
                    to a date agreed to by the nonimmigrant and the
                    employer (the Secretary shall determine whether a
                    required payment is a penalty, and not liquidated
                    damages, pursuant to relevant State law); and
                        ``(bb) to fail to offer to an H-1B nonimmigrant,
                    during the nonimmigrant's period of authorized
                    employment, on the same basis, and in accordance with
                    the same criteria, as the employer offers to similarly
                    situated United States workers, benefits and
                    eligibility for benefits, including--
                                ``(AA) the opportunity to participate in
                            health, life, disability, and other insurance
                            plans;
                                ``(BB) the opportunity to participate in
                            retirement and savings plans; and
                                ``(CC) cash bonuses and noncash
                            compensation, such as stock options (whether or
                            not based on performance).''; and
                        (B) 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. 1182(n)(2)) is
    amended--
                (1) in clause (i), by striking ``if the Secretary'' and all
            that follows and inserting ``with regard to the employer's
            compliance with the requirements of this subsection.'';
                (2) in clause (ii), by striking ``and whose identity'' and
            all that follows through ``failure or failures.'' and inserting
            ``the Secretary of Labor may conduct an investigation into the
            employer's compliance with the requirements of this
            subsection.'';
                (3) in clause (iii), by striking the last sentence;
                (4) by striking clauses (iv) and (v);
                (5) by redesignating clauses (vi), (vii), and (viii) as
            clauses (iv), (v), and (vi), respectively;
                (6) in clause (iv), as so redesignated, by striking ``meet
            a condition described in clause (ii), unless the Secretary of
            Labor receives the information not later than 12 months'' and
            inserting ``comply with the requirements under this subsection,
            unless the Secretary of Labor receives the information not
            later than 24 months'';
                (7) by amending clause (v), as so redesignated, to read as
            follows:
                ``(v) The Secretary of Labor shall provide notice to an
            employer of the intent to conduct an investigation. The notice
            shall be provided in such a manner, and shall contain
            sufficient detail, to permit the employer to respond to the
            allegations before an investigation is commenced. The Secretary
            is not required to comply with this clause if the Secretary
            determines that such compliance would interfere with an effort
            by the Secretary to investigate or secure compliance by the
            employer with the requirements of this subsection. A
            determination by the Secretary under this clause shall not be
            subject to judicial review.'';
                (8) in clause (vi), as so redesignated, by striking ``An
            investigation'' and all that follows through ``the
            determination.'' and inserting ``If the Secretary of Labor,
            after an investigation under clause (i) or (ii), determines
            that a reasonable basis exists to make a finding that the
            employer has failed to comply with the requirements under this
            subsection, the Secretary shall provide interested parties with
            notice of such determination and an opportunity for a hearing
            in accordance with section 556 of title 5, United States Code,
            not later than 120 days after the date of such
            determination.''; and
                (9) by adding at the end the following:
                ``(vii) If the Secretary of Labor, after a hearing, finds a
            reasonable basis to believe that the employer has violated the
            requirements under this subsection, the Secretary shall impose
            a penalty under subparagraph (C).''.

    SEC. 4224. INFORMATION SHARING.

        Subparagraph (H) of section 212(n)(2) (8 U.S.C. 1182(n)(2)) is
    amended to read as follows:
        ``(H) The Director of United States Citizenship and Immigration
    Services shall provide the Secretary of Labor with any information
    contained in the materials submitted by employers of H-1B nonimmigrants
    as part of the adjudication process that indicates that the employer is
    not complying with visa program requirements for H-1B nonimmigrants.
    The Secretary may initiate and conduct an investigation related to H-1B
    nonimmigrants and hearing under this paragraph after receiving
    information of noncompliance under this subparagraph. This subparagraph
    may not be construed to prevent the Secretary of Labor from taking
    action related to wage and hour and workplace safety laws.''.

                          CHAPTER 3--OTHER PROTECTIONS

    SEC. 4231. POSTING AVAILABLE POSITIONS THROUGH THE DEPARTMENT OF LABOR.

        (a) Department of Labor Website.--Section 212(n) (8 U.S.C. 1182(n))
    is amended by adding at the end following:
        ``(6)(A) Not later than 90 days after the date of the enactment of
    the Border Security, Economic Opportunity, and Immigration
    Modernization Act, the Secretary of Labor shall establish a searchable
    Internet website for posting positions as required by paragraph (1)(C).
    Such website shall be available to the public without charge.
        ``(B) The Secretary may work with private companies or nonprofit
    organizations to develop and operate the Internet website described in
    subparagraph (A).
        ``(C) The Secretary may promulgate rules, after notice and a period
    for comment, to carry out the requirements of this paragraph.''.
        (b) Requirement for Publication.--The Secretary of Labor shall
    submit to Congress and publish in the Federal Register and other
    appropriate media a notice of the date that the Internet website
    required by paragraph (6) of section 212(n) of such Act, as amended by
    subsection (a), will be operational.
        (c) Application.--The amendments made by subsection (a) shall apply
    to an application filed on or after the date that is 30 days after the
    date described in subsection (b).

    SEC. 4232. H-1B GOVERNMENT AUTHORITY AND REQUIREMENTS.

        (a) Immigration Documents.--Section 204 (8 U.S.C. 1154) is amended
    by adding at the end the following:
        ``(m) Employer To Provide Immigration Paperwork Exchanged With
    Federal Agencies.--
                ``(1) In general.--Not later than 30 days after a Labor
            Condition Application is filed, an employer shall provide an
            employee or beneficiary of such Application who is or seeking
            to be an nonimmigrant described in subparagraph (H)(i)(b) of
            (L) of section 101(a)(15) with a copy the original of all
            applications and petitions filed by the employer with the
            Department of Labor or the Department of Homeland Security for
            such employee or beneficiary.
                ``(2) Withholding of financial or proprietary
            information.--If a document required to be provided to an
            employee or beneficiary under paragraph (1) includes any
            financial or propriety information of the employer, the
            employer may redact such information from the copies provided
            to such employee or beneficiary.''.
        (b) Report on Job Classification and Wage Determinations.--Not
    later than 1 year after the date of the enactment of this Act, the
    Comptroller General of the United States shall prepare a report
    analyzing the accuracy and effectiveness of the Secretary of Labor's
    current job classification and wage determination system. The report
    shall--
                (1) specifically address whether the systems in place
            accurately reflect the complexity of current job types as well
            as geographic wage differences; and
                (2) make recommendations concerning necessary updates and
            modifications.

    SEC. 4233. REQUIREMENTS FOR INFORMATION FOR H-1B AND L NONIMMIGRANTS.

        Section 214 (8 U.S.C. 1184), as amended by section 3608, is further
    amended by adding at the end the following:
        ``(t) Requirements for Information for H-1B and L Nonimmigrants.--
                ``(1) In general.--Upon issuing a visa to an applicant for
            nonimmigrant status pursuant to subparagraph (H)(i)(b) or (L)
            of section 101(a)(15) who is outside the United States, the
            issuing office shall provide the applicant with--
                        ``(A) a brochure outlining the obligations of the
                    applicant's employer and the rights of the applicant
                    with regard to employment under Federal law, including
                    labor and wage protections; and
                        ``(B) the contact information for appropriate
                    Federal agencies or departments that offer additional
                    information or assistance in clarifying such
                    obligations and rights.
                ``(2) Provision of material.--Upon the approval of an
            application of an applicant referred to in paragraph (1), the
            applicant shall be provided with the material described in
            subparagraphs (A) and (B) of paragraph (1)--
                        ``(A) by the issuing officer of the Department of
                    Homeland Security, if the applicant is inside the
                    United States; or
                        ``(B) by the appropriate official of the Department
                    of State, if the applicant is outside the United
                    States.''.

    SEC. 4234. FILING FEE FOR H-1B-DEPENDENT EMPLOYERS.

        (a) In General.--Notwithstanding any other provision of law, there
    shall be a fee required to be submitted by an employer with an
    application for admission of an H-1B nonimmigrant as follows:
                (1) For each of the fiscal years 2015 through 2024, $5,000
            for applicants that employ 50 or more employees in the United
            States if more than 30 percent and less than 50 percent of the
            applicant's employees are H-1B nonimmigrants or L
            nonimmigrants.
                (2) For each of the fiscal years 2015 through 2017, $10,000
            for applicants that employ 50 or more employees in the United
            States if more than 50 percent and less than 75 percent of the
            applicant's employees are H-1B nonimmigrants or L
            nonimmigrants.
        (b) Definitions.--In this section:
                (1) Employer.--The term ``employer''--
                        (A) means any entity or entities treated as a
                    single employer under subsection (b), (c), (m), or (o)
                    of section 414 of the Internal Revenue Code of 1986;
                    and
                        (B) does not include a nonprofit institution of
                    higher education or a nonprofit research organization
                    described in section 501(c)(3) of the Internal Revenue
                    Code of 1986 and exempt from taxation under 501(a) of
                    that Code that is--
                                (i) an institution of higher education (as
                            defined in section 101(a) of the Higher
                            Education Act of 1965 (20 U.S.C. 1001(a))); or
                                (ii) a research organization.
                (2) H-1B nonimmigrant.--The term ``H-1B nonimmigrant''
            means an alien admitted as a nonimmigrant pursuant to section
            101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8
            U.S.C. 1101(a)(15)(H)(i)(b)).
                (3) Intending immigrant.--The term ``intending immigrant''
            has the meaning given that term in paragraph (53) of section
            101(a) of the Immigration and Nationality Act (8 U.S.C.
            1101(a)).
                (4) L nonimmigrant.--The term ``L nonimmigrant'' means an
            alien admitted as a nonimmigrant pursuant to section
            101(a)(15)(L) of the Immigration and Nationality Act (8 U.S.C.
            1101(a)(15)(L)) to provide services to the alien's employer
            involving specialized knowledge.
        (c) Exception for Intending Immigrants.--In determining the
    percentage of employees of an employer that are H-1B nonimmigrants or L
    nonimmigrants under subsection (a), an intending immigrant employee
    shall not count toward such percentage.
        (d) Conforming Amendment.--Section 402 of the Act entitled ``An Act
    making emergency supplemental appropriations for border security for
    the fiscal year ending September 30, 2010, and for other purposes'',
    approved August 13, 2010 (Public Law 111-230; 8 U.S.C. 1101 note) is
    amended by striking subsection (b).

    SEC. 4235. PROVIDING PREMIUM PROCESSING OF EMPLOYMENT-BASED VISA
                  PETITIONS.

        Pursuant to section 286(u) of the Immigration and Nationality Act
    (8 U.S.C. 1356(u)), the Secretary shall establish and collect--
                (1) a fee for premium processing of employment-based
            immigrant petitions; and
                (2) a fee for premium processing of an administrative
            appeal of any decision on a permanent employment-based
            immigrant petition.

    SEC. 4236. TECHNICAL CORRECTION.

        Section 212 (8 U.S.C. 1182) is amended by redesignating the second
    subsection (t), as added by section 1(b)(2)(B) of the Act entitled ``An
    Act to amend and extend the Irish Peace Process Cultural and Training
    Program Act of 1998'' (Public Law 108-449 (118 Stat. 3470)), as
    subsection (u).

    SEC. 4237. APPLICATION.

        Except as specifically otherwise provided, the amendments made by
    this subtitle shall apply to applications filed on or after the date of
    the enactment of this Act.

                 Subtitle C--L Visa Fraud and Abuse Protections

    SEC. 4301. PROHIBITION ON OUTPLACEMENT OF L NONIMMIGRANTS.

        Subparagraph (F) of section 214(c)(2) (8 U.S.C. 1184(c)(2)) is
    amended to read as follows:
        ``(F) The employer of an alien described in section 101(a)(15)(L)
    shall not place, outsource, lease, or otherwise contract for the
    services or placement of such alien with another employer unless--
                ``(i) the other employer is an affiliate, subsidiary, or
            parent entity of the petitioning employer;
                ``(ii) such alien will not be controlled or supervised
            principally by the employer with whom such alien would be
            placed;
                ``(iii) the placement of such alien at the worksite of the
            other employer, who is not described in clause (i), is not
            essentially an arrangement to provide labor for hire for the
            other employer; and
                ``(iv) the other employer attests that the other employer
            has not displaced and will not displace a United States worker
            during the period beginning 90 days prior to and 90 days after
            the date the employer files the application.''.

    SEC. 4302. L EMPLOYER PETITION REQUIREMENTS FOR EMPLOYMENT AT NEW
                  OFFICES.

        Section 214(c)(2) (8 U.S.C. 1184(c)(2)) is amended by adding at the
    end the following:
        ``(G)(i) If the beneficiary of a petition under this paragraph is
    coming to the United States to open, or be employed in, a new office,
    the petition may be approved for up to 12 months only if--
                ``(I) the alien has not been the beneficiary of 2 or more
            petitions under this subparagraph during the immediately
            preceding 2 years; and
                ``(II) the employer operating the new office has--
                        ``(aa) an adequate business plan;
                        ``(bb) sufficient physical premises to carry out
                    the proposed business activities; and
                        ``(cc) the financial ability to commence doing
                    business immediately upon the approval of the petition.
        ``(ii) An extension of the approval period under clause (i) may not
    be granted until the importing employer submits an application to the
    Secretary of Homeland Security that contains--
                ``(I) evidence that the importing employer meets the
            requirements of this subsection;
                ``(II) evidence that the beneficiary of the petition is
            eligible for nonimmigrant status under section 101(a)(15)(L);
                ``(III) a statement summarizing the original petition;
                ``(IV) evidence that the importing employer has complied
            with the business plan submitted under clause (i)(I);
                ``(V) evidence of the truthfulness of any representations
            made in connection with the filing of the original petition;
                ``(VI) evidence that the importing employer has been doing
            business at the new office through regular, systematic, and
            continuous provision of goods and services;
                ``(VII) a statement of the duties the beneficiary has
            performed at the new office during the approval period under
            clause (i) and the duties the beneficiary will perform at the
            new office during the extension period granted under this
            clause;
                ``(VIII) a statement describing the staffing at the new
            office, including the number of employees and the types of
            positions held by such employees;
                ``(IX) evidence of wages paid to employees;
                ``(X) evidence of the financial status of the new office;
            and
                ``(XI) any other evidence or data prescribed by the
            Secretary.
        ``(iii) A new office employing the beneficiary of an L-1 petition
    approved under this paragraph shall do business only through regular,
    systematic, and continuous provision of goods and services.
        ``(iv) Notwithstanding clause (ii), and subject to the maximum
    period of authorized admission set forth in subparagraph (D), the
    Secretary of Homeland Security, in the Secretary's discretion, may
    approve a subsequently filed petition on behalf of the beneficiary to
    continue employment at the office described in this subparagraph for a
    period beyond the initially granted 12-month period if the importing
    employer has been doing business at the new office through regular,
    systematic, and continuous provision of goods and services for the 6
    months immediately preceding the date of extension of petition filing
    and demonstrates that the failure to satisfy any of the requirements
    described in those subclauses was directly caused by extraordinary
    circumstances, as determined by the Secretary in the Secretary's
    discretion.''.

    SEC. 4303. COOPERATION WITH SECRETARY OF STATE.

        Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended by section
    4302, is further amended by adding at the end the following:
        ``(H) For purposes of approving petitions under this paragraph, the
    Secretary of Homeland Security shall work cooperatively with the
    Secretary of State to verify the existence or continued existence of a
    company or office in the United States or in a foreign country.''.

    SEC. 4304. LIMITATION ON EMPLOYMENT OF L NONIMMIGRANTS.

        Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended by sections
    4302 and 4303, is further amended by adding at the end the following:
        ``(I)(i) If the employer employs 50 or more employees in the United
    States, the sum of the number of such employees who are H-1B
    nonimmigrants plus the number of such employees who are L nonimmigrants
    may not exceed--
                ``(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
                ``(III) 50 percent of the total number of employees, for
            each fiscal year after fiscal year 2016.
        ``(ii) In this subparagraph:
                ``(I) The term `employer' does not include a nonprofit
            institution of higher education or a nonprofit research
            organization/an organization described in section 501(c)(3) of
            the Internal Revenue Code of 1986 and exempt from taxation
            under 501(a) of that Code that is--
                        ``(aa) an institution of higher education (as
                    defined in section 101(a) of the Higher Education Act
                    of 1965 (20 U.S.C. 1001(a))); or
                        ``(bb) a research organization.
                ``(II) The term `H-1B nonimmigrant' means an alien admitted
            as a nonimmigrant pursuant to section 101(a)(15)(H)(i)(b).
                ``(III) The term `L nonimmigrant' means an alien admitted
            as a nonimmigrant pursuant to section 101(a)(15)(L) to provide
            services to the alien's employer involving specialized
            knowledge.
        ``(iii) In determining the percentage of employees of an employer
    that are H-1B nonimmigrants or L nonimmigrants under clause (i), an
    intending immigrant employee shall not count toward such percentage.''.

    SEC. 4305. FILING FEE FOR L NONIMMIGRANTS.

        (a) In General.--Notwithstanding any other provision of law, the
    filing fee for an application for admission of an L nonimmigrant shall
    be as follows:
                (1) For each of the fiscal years 2014 through 2024, $5,000
            for applicants that employ 50 or more employees in the United
            States if more than 30 percent and less than 50 percent of the
            applicant's employees are H-1B nonimmigrants or L
            nonimmigrants.
                (2) For each of the fiscal years 2014 through 2017, $10,000
            for applicants that employ 50 or more employees in the United
            States if more than 50 percent and less than 75 percent of the
            applicant's employees are H-1B nonimmigrants or L
            nonimmigrants.
        (b) Definitions.--In this section:
                (1) Employer.--The term ``employer'' does not include a
            nonprofit institution of higher education or a nonprofit
            research organization/an organization described in section
            501(c)(3) of the Internal Revenue Code of 1986 and exempt from
            taxation under 501(a) of that Code that is--
                        (A) an institution of higher education (as defined
                    in section 101(a) of the Higher Education Act of 1965
                    (20 U.S.C. 1001(a))); or
                        (B) a research organization.
                (2) H-1B nonimmigrant.--The term ``H-1B nonimmigrant''
            means an alien admitted as a nonimmigrant pursuant to section
            101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8
            U.S.C. 1101(a)(15)(H)(i)(b)).
                (3) L nonimmigrant.--The term ``L nonimmigrant'' means an
            alien admitted as a nonimmigrant pursuant to section
            101(a)(15)(L) of the Immigration and Nationality Act (8 U.S.C.
            1101(a)(15)(L)) to provide services to the alien's employer
            involving specialized knowledge.
        (c) Exception for Intending Immigrants.--In determining the
    percentage of employees of an employer that are H-1B nonimmigrants or L
    nonimmigrants under subsection (a), an intending immigrant employee
    shall not count toward such percentage.
        (d) Conforming Amendment.--Section 402 of the Act entitled ``An Act
    making emergency supplemental appropriations for border security for
    the fiscal year ending September 30, 2010, and for other purposes'',
    approved August 13, 2010 (Public Law 111-230; 8 U.S.C. 1101 note), as
    amended by section 4234(d), is further amended by striking subsections
    (a) and (c).

    SEC. 4306. INVESTIGATION AND DISPOSITION OF COMPLAINTS AGAINST L
                  NONIMMIGRANT EMPLOYERS.

        Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended by sections
    4302, 4303, and 4304 is further amended by adding at the end the
    following:
        ``(J)(i) The Secretary of Homeland Security may initiate an
    investigation of any employer that employs nonimmigrants described in
    section 101(a)(15)(L) with regard to the employer's compliance with the
    requirements of this subsection.
        ``(ii)(I) If the Secretary receives specific credible information
    from a source who is likely to have knowledge of an employer's
    practices, employment conditions, or compliance with the requirements
    under this subsection, the Secretary may conduct an investigation into
    the employer's compliance with the requirements of this subsection.
        ``(II) The Secretary may withhold the identity of a source referred
    to in subclause (I) from an employer and the identity of such source
    shall not be subject to disclosure under section 552 of title 5, United
    States Code.
        ``(iii) The Secretary shall establish a procedure for any person
    desiring to provide to the Secretary information described in clause
    (ii)(I) that may be used, in whole or in part, as the basis for the
    commencement of an investigation described in such clause, to provide
    the information in writing on a form developed and provided by the
    Secretary and completed by or on behalf of the person.
        ``(iv) No investigation described in clause (ii)(I) (or hearing
    described in clause (vi) based on such investigation) may be conducted
    with respect to information about a failure to comply with the
    requirements under this subsection, unless the Secretary receives the
    information not later than 24 months after the date of the alleged
    failure.
        ``(v)(I) Subject to subclause (III), before commencing an
    investigation of an employer under clause (i) or (ii), the Secretary
    shall provide notice to the employer of the intent to conduct such
    investigation.
        ``(II) The notice required by subclause (I) shall be provided in
    such a manner, and shall contain sufficient detail, to permit the
    employer to respond to the allegations before an investigation is
    commenced.
        ``(III) The Secretary is not required to comply with this clause if
    the Secretary determines that to do so would interfere with an effort
    by the Secretary to investigate or secure compliance by the employer
    with the requirements of this subsection.
        ``(IV) There shall be no judicial review of a determination by the
    Secretary under this clause.
        ``(vi) If the Secretary, after an investigation under clause (i) or
    (ii), determines that a reasonable basis exists to make a finding that
    the employer has failed to comply with the requirements under this
    subsection, the Secretary shall provide the interested parties with
    notice of such determination and an opportunity for a hearing in
    accordance with section 556 of title 5, United States Code, not later
    than 120 days after the date of such determination. If such a hearing
    is requested, the Secretary shall make a finding concerning the matter
    by not later than 120 days after the date of the hearing.
        ``(vii) If the Secretary, after a hearing, finds a reasonable basis
    to believe that the employer has violated the requirements under this
    subsection, the Secretary shall impose a penalty under subparagraph
    (K).
        ``(viii)(I) The Secretary may conduct surveys of the degree to
    which employers comply with the requirements under this section.
        ``(II) The Secretary shall--
                ``(aa) conduct annual compliance audits of each employer
            with more than 100 employees who work in the United States if
            more than 15 percent of such employees are nonimmigrants
            described in 101(a)(15)(L); and
                ``(bb) make available to the public an executive summary or
            report describing the general findings of the audits carried
            out pursuant to this subclause.''.

    SEC. 4307. PENALTIES.

        Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended by sections
    4302, 4303, 4304, and 4306, is further amended by adding at the end the
    following:
        ``(K)(i) If the Secretary of Homeland Security finds, after notice
    and an opportunity for a hearing, a failure by an employer to meet a
    condition under subparagraph (F), (G), or (L) or a misrepresentation of
    material fact in a petition to employ 1 or more aliens as nonimmigrants
    described in section 101(a)(15)(L)--
        ``(I) the Secretary shall impose such administrative remedies
    (including civil monetary penalties in an amount not to exceed $2,000
    per violation) as the Secretary determines to be appropriate;
        ``(II) the Secretary may not, during a period of at least 1 year,
    approve a petition for that employer to employ 1 or more aliens as such
    nonimmigrants; and
        ``(III) in the case of a violation of subparagraph (J), the
    employer shall be liable to the employees harmed by such violation for
    lost wages and benefits.
        ``(ii) If the Secretary finds, after notice and an opportunity for
    a hearing, a willful failure by an employer to meet a condition under
    subparagraph (F), (G), or (L) or a willful misrepresentation of
    material fact in a petition to employ 1 or more aliens as nonimmigrants
    described in section 101(a)(15)(L)--
                ``(I) the Secretary shall impose such administrative
            remedies (including civil monetary penalties in an amount not
            to exceed $10,000 per violation) as the Secretary determines to
            be appropriate;
                ``(II) the Secretary may not, during a period of at least 2
            years, approve a petition filed for that employer to employ 1
            or more aliens as such nonimmigrants; and
                ``(III) in the case of a violation of subparagraph (J), the
            employer shall be liable to the employees harmed by such
            violation for lost wages and benefits.''.

    SEC. 4308. PROHIBITION ON RETALIATION AGAINST L NONIMMIGRANTS.

        Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended by sections
    4302, 4303, 4303, 4306, and 4307, is further amended by adding at the
    end the following:
        ``(L)(i) It is a violation of this subparagraph for an employer who
    has filed a petition to import 1 or more aliens as nonimmigrants
    described in section 101(a)(15)(L) to take, fail to take, or threaten
    to take or fail to take, a personnel action, or to intimidate,
    threaten, restrain, coerce, blacklist, discharge, or discriminate in
    any other manner against an employee because the employee--
                ``(I) has disclosed information that the employee
            reasonably believes evidences a violation of this subsection,
            or any rule or regulation pertaining to this subsection; or
                ``(II) cooperates or seeks to cooperate with the
            requirements of this subsection, or any rule or regulation
            pertaining to this subsection.
        ``(ii) In this subparagraph, the term `employee' includes--
                ``(I) a current employee;
                ``(II) a former employee; and
                ``(III) an applicant for employment.''.

    SEC. 4309. REPORTS ON L NONIMMIGRANTS.

        Section 214(c)(8) (8 U.S.C. 1184(c)(8)) is amended by inserting
    ``(L),'' after ``(H),''.

    SEC. 4310. APPLICATION.

        The amendments made by this subtitle shall apply to applications
    filed on or after the date of the enactment of this Act.

    SEC. 4311. REPORT ON L BLANKET PETITION PROCESS.

        (a) Requirement for Report.--Not later than 6 months after the date
    of the enactment of this Act, the Inspector General of the Department
    of Homeland Security shall submit to the appropriate committees of
    Congress a report regarding the use of blanket petitions under section
    214(c)(2)(A) of the Immigration and Nationality Act (8 U.S.C.
    1184(c)(2)(A)). Such report shall assess the efficiency and reliability
    of the process for reviewing such blanket petitions, including whether
    the process includes adequate safeguards against fraud and abuse.
        (b) Appropriate Committees of Congress.--In this section the term
    ``appropriate committees of Congress'' means--
                (1) the Committee on Homeland Security and Governmental
            Affairs of the Senate;
                (2) the Committee on the Judiciary of the Senate;
                (3) the Committee on Homeland Security of the House of
            Representatives; and
                (4) the Committee on the Judiciary of the House of
            Representatives.

                      Subtitle D--Other Nonimmigrant Visas

    SEC. 4401. NONIMMIGRANT VISAS FOR STUDENTS.

        (a) Authorization of Dual Intent for F Nonimmigrants Seeking
    Bachelor's or Graduate Degrees.--
                (1) In general.--Section 101(a)(15)(F) (8 U.S.C.
            1101(a)(15)(F)) is amended to read as follows:
                        ``(F)(i) an alien having a residence in a foreign
                    country who is a bona fide student qualified to pursue
                    a full course of study and who seeks to enter the
                    United States temporarily and solely for the purpose of
                    pursuing such a course of study consistent with section
                    214(m) at an accredited college, university, or
                    language training program, or at an established
                    seminary, conservatory, academic high school,
                    elementary school, or other academic institution in the
                    United States, particularly designated by the alien and
                    approved by the Secretary of Homeland Security after
                    consultation with the Secretary of Education, which
                    institution or place of study shall have agreed to
                    report to the Secretary of Homeland Security the
                    termination of attendance of each nonimmigrant student,
                    and if any such institution of learning or place of
                    study fails to make reports promptly the approval shall
                    be withdrawn, except that such an alien who is not
                    seeking to pursue a degree that is a bachelor's degree
                    or a graduate degree shall have a residence in a
                    foreign country that the alien has no intention of
                    abandoning;
                        ``(ii) the alien spouse and minor children of any
                    alien described in clause (i) if accompanying or
                    following to join such an alien; and
                        ``(iii) an alien who is a national of Canada or
                    Mexico, who maintains actual residence and place of
                    abode in the country of nationality, who is described
                    in clause (i) except that the alien's qualifications
                    for and actual course of study may be full or part-
                    time, and who commutes to the United States institution
                    or place of study from Canada or Mexico.''.
                (2) Presumption of status; intention to abandon foreign
            residence.--Section 214 (8 U.S.C. 1184) is amended--
                        (A) in subsection (b), by striking ``(L) or (V)''
                    and inserting ``(F), (L), or (V)''; and
                        (B) in subsection (h), by striking ``(H)(i)(b) or
                    (c),'' and inserting ``(F), (H)(i)(b), (H)(i)(c),''.
        (b) Accreditation Requirement for Colleges and Universities.--
    Section 101(a)(52) (8 U.S.C. 1101(a)(52)) is amended to read as
    follows:
                ``(52) Except as provided in section 214(m)(4), the term
            `accredited college, university, or language training program'
            means a college, university, or language training program that
            is accredited by an accrediting agency recognized by the
            Secretary of Education.''.
        (c) Other Requirements for Academic Institutions.--Section 214(m)
    (8 U.S.C. 1184(m)) is amended by adding at the end the following:
        ``(3) The Secretary of Homeland Security, in the Secretary's
    discretion, may require accreditation of an academic institution
    (except for seminaries or other religious institutions) for purposes of
    section 101(a)(15)(F) if--
                ``(A) that institution is not already required to be
            accredited under section 101(a)(15)(F)(i);
                ``(B) an appropriate accrediting agency recognized by the
            Secretary of Education is able to provide such accreditation;
            and
                ``(C) the institution has or will have 25 or more alien
            students accorded status as nonimmigrants under clause (i) or
            (iii) of section 101(a)(15)(F) pursuing a course of study at
            that institution.
        ``(4) The Secretary of Homeland Security, in the Secretary's
    discretion, may waive the accreditation requirement in section
    101(a)(15)(F)(i) with respect to an established college, university, or
    language training program if the academic institution--
                ``(A) is otherwise in compliance with the requirements of
            such section; and
                ``(B) is making a good faith effort to satisfy the
            accreditation requirement.
        ``(5)(A) No person convicted of an offense referred to in
    subparagraph (B) shall be permitted by any academic institution having
    authorization for attendance by nonimmigrant students under section
    101(a)(15)(F)(i) to be involved with the institution as its principal,
    owner, officer, board member, general partner, or other similar
    position of substantive authority for the operations or management of
    the institution, including serving as an individual designated by the
    institution to maintain records required by the Student and Exchange
    Visitor Information System established under section 641 of the Illegal
    Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
    1372).
        ``(B) An offense referred to in this subparagraph includes a
    violation, punishable by a term of imprisonment of more than 1 year, of
    any of the following:
                ``(i) Chapter 77 of title 18, United States Code (relating
            to peonage, slavery and trafficking in persons).
                ``(ii) Chapter 117 of title 18, United States Code
            (relating to transportation for illegal sexual activity and
            related crimes).
                ``(iii) Section 274 of the Immigration and Nationality Act
            (8 U.S.C. 1324) (relating to unlawful bringing of aliens into
            the United States).
                ``(iv) Section 1546 of title 18, United States Code
            (relating to fraud and misuse of visas, permits, and other
            documents) relating to an academic institution's participation
            in the Student and Exchange Visitor Program.''.
        (d) Conforming Amendment.--Section 212(a)(6)(G) (8 U.S.C.
    1182(a)(6)(G)) is amended by striking ``section 214(l)'' and inserting
    ``section 214(m)''.
        (e) Effective Date.--
                (1) In general.--Except as provided in paragraph (2), the
            amendments made by subsections (a), (b), and (c)--
                        (A) shall take effect on the date that is 180 days
                    after the date of the enactment of this Act; and
                        (B) shall apply with respect to applications for a
                    nonimmigrant visa under section 101(a)(15)(F)(i) of the
                    Immigration and Nationality Act (8 U.S.C.
                    1101(a)(15)(F)(i)) that are filed on or after the
                    effective date described in subparagraph (A).
                (2) Temporary exception.--
                        (A) In general.--During the 3-year period beginning
                    on the date of the enactment of this Act, an alien
                    seeking to enter the United States to pursue a course
                    of study at a college or university that has been
                    certified by the Secretary may be granted a
                    nonimmigrant visa under clause (i) or clause (iii) of
                    section 101(a)(15)(F) of the Immigration and
                    Nationality Act (8 U.S.C. 1101(a)(15)(F)) without
                    regard to whether or not that college or university has
                    been accredited or been denied accreditation by an
                    entity described in section 101(a)(52) of such Act (8
                    U.S.C. 1101(a)(52)), as amended by subsection (b).
                        (B) Additional requirement.--An alien may not be
                    granted a nonimmigrant visa under subparagraph (A) if
                    the college or university to which the alien seeks to
                    enroll does not--
                                (i) submit an application for the
                            accreditation of such institution to a regional
                            or national accrediting agency recognized by
                            the Secretary of Education on or before the
                            date that is 1 year after the effective date
                            described in paragraph (1)(A); and
                                (ii) comply with the applicable accrediting
                            requirements of such agency.

    SEC. 4402. CLASSIFICATION FOR SPECIALTY OCCUPATION WORKERS FROM FREE
                  TRADE COUNTRIES.

        (a) Nonimmigrant Status.--Section 101(a)(15)(E)(8 U.S.C.
    1101(a)(15)(E)) is amended--
                (1) in the matter preceding clause (i), by inserting ``,
            bilateral investment treaty, or free trade agreement'' after
            ``treaty of commerce and navigation'';
                (2) in clause (ii), by striking ``or'' at the end; and
                (3) by adding at the end the following:
                                ``(iv) solely to perform services in a
                            specialty occupation in the United States if
                            the alien is a national of a country, other
                            than Chile, Singapore, or Australia, with which
                            the United States has entered into a free trade
                            agreement (regardless of whether such an
                            agreement is a treaty of commerce and
                            navigation) and with respect to whom the
                            Secretary of Labor determines and certifies to
                            the Secretary of Homeland Security and the
                            Secretary of State that the intending employer
                            has filed with the Secretary of Labor an
                            attestation under section 212(t); or
                                ``(v) solely to perform services in a
                            specialty occupation in the United States if
                            the alien is a national of the Republic of
                            Korea and with respect to whom the Secretary of
                            Labor determines and certifies to the Secretary
                            of Homeland Security and the Secretary of State
                            that the intending employer has filed with the
                            Secretary of Labor an attestation under section
                            212(t);''.
        (b) Free Trade Agreements.--Section 214(g) (8 U.S.C. 1184(g)) is
    amended by adding at the end the following:
        ``(12)(A) The free trade agreements referred to in section
    101(a)(15)(E)(iv) are defined as any free trade agreement designated by
    the Secretary of Homeland Security with the concurrence of the United
    States Trade Representative and the Secretary of State.
        ``(B) The Secretary of State may not approve a number of initial
    applications submitted for aliens described in section
    101(a)(15)(E)(iv) that is more than 5,000 per fiscal year for each
    country with which the United States has entered into a Free Trade
    Agreement.
        ``(C) The applicable numerical limitation referred to in
    subparagraph (A) shall apply only to principal aliens and not to the
    spouses or children of such aliens.''.
        (c) Nonimmigrant Professionals.--Section 212(t) (8 U.S.C. 1182(t))
    is amended by striking ``section 101(a)(15)(E)(iii)'' each place that
    term appears and inserting ``clause (iii) or (iv) of section
    101(a)(15)(E)''.

    SEC. 4403. E-VISA REFORM.

        (a) Nonimmigrant Category.--Section 101(a)(15)(E)(iii) (8 U.S.C.
    1101(a)(15)(E)(iii)) is amended by inserting ``, or solely to perform
    services as an employee and who has at least a high school education or
    its equivalent, or has, within 5 years, at least 2 years of work
    experience in an occupation which requires at least 2 years of training
    or experience if the alien is a national of the Republic of Ireland,''
    after ``Australia''.
        (b) Temporary Admission.--Section 212(d)(3)(A) (8 U.S.C.
    1182(d)(3)(A)) is amended to read as follows:
                ``(A) Except as otherwise provided in this subsection--
                        ``(i) an alien who is applying for a nonimmigrant
                    visa and who the consular officer knows or believes to
                    be ineligible for such visa under subsection (a) (other
                    than subparagraphs (A)(i)(I), (A)(ii), (A)(iii), (C),
                    (E)(i), and (E)(ii) of paragraph (3) of such
                    subsection)--
                                ``(I) after approval by the Secretary of
                            Homeland Security of a recommendation by the
                            Secretary of State or by the consular officer
                            that the alien be admitted temporarily despite
                            the alien's inadmissibility, may be granted
                            such a visa and may be admitted into the United
                            States temporarily as a nonimmigrant, in the
                            discretion of the Secretary of Homeland
                            Security; or
                                ``(II) absent such recommendation and
                            approval, be granted a nonimmigrant visa
                            pursuant to section 101(a)(15)(E) if such
                            ineligibility is based solely on conduct in
                            violation of paragraph (6), (7), or (9) of
                            section 212(a) that occurred before the date of
                            the enactment of the Border Security, Economic
                            Opportunity, and Immigration Modernization Act;
                            and
                        ``(ii) an alien who is inadmissible under
                    subsection (a) (other than subparagraphs (A)(i)(I),
                    (A)(ii), (A)(iii), (C), (E)(i), and (E)(ii) of
                    paragraph (3) of such subsection), is in possession of
                    appropriate documents or was granted a waiver from such
                    document requirement, and is seeking admission, may be
                    admitted into the United States temporarily as a
                    nonimmigrant, in the discretion of the Secretary of
                    Homeland Security, who shall prescribe conditions,
                    including exaction of such bonds as may be necessary,
                    to control and regulate the admission and return of
                    inadmissible aliens applying for temporary admission
                    under this paragraph.''.
        (c) Numerical Limitation.--Section 214(g)(11)(B) (8 U.S.C.
    1184(g)(11)(B)) is amended by striking the period at the end and
    inserting ``for each of the nationalities identified under section
    101(a)(15)(E)(iii).''.

    SEC. 4404. OTHER CHANGES TO NONIMMIGRANT VISAS.

        (a) Portability.--Paragraphs (1) and (2) of section 214(n) (8
    U.S.C. 1184(n)) are amended to read as follows:
        ``(1) A nonimmigrant alien described in paragraph (2) who was
    previously issued a visa or otherwise provided nonimmigrant status
    under section 101(a)(15)(H)(i)(b) or 101(a)(15)(O)(i) is authorized to
    accept new employment pursuant to such section upon the filing by the
    prospective employer of a new petition on behalf of such nonimmigrant
    as provided under subsection (a). Employment authorization shall
    continue for such alien until the new petition is adjudicated. If the
    new petition is denied, such authorization shall cease.
        ``(2) A nonimmigrant alien described in this paragraph is a
    nonimmigrant alien--
                ``(A) who has been lawfully admitted into the United
            States;
                ``(B) on whose behalf an employer has filed a nonfrivolous
            petition for new employment before the date of expiration of
            the period of stay authorized by the Secretary of Homeland
            Security; and
                ``(C) who, subsequent to such lawful admission, has not
            been employed without authorization in the United States before
            the filing of such petition.''.
        (b) Waiver.--The undesignated material at the end of section
    214(c)(3) (8 U.S.C. 1184(c)(3)) is amended to read as follows:
    ``The Secretary of Homeland Security shall provide by regulation for
    the waiver of the consultation requirement under subparagraph (A) in
    the case of aliens who have been admitted as nonimmigrants under
    section 101(a)(15)(O)(i) because of extraordinary ability in the arts
    or extraordinary achievement in motion picture or television production
    and who seek readmission to perform similar services within 3 years
    after the date of a consultation under such subparagraph provided that,
    in the case of aliens admitted because of extraordinary achievement in
    motion picture or television production, such waiver shall apply only
    if the prior consultations by the appropriate union and management
    organization were favorable or raised no objection to the approval of
    the petition. Not later than 5 days after such a waiver is provided,
    the Secretary shall forward a copy of the petition and all supporting
    documentation to the national office of an appropriate labor
    organization.''.

    SEC. 4405. TREATMENT OF NONIMMIGRANTS DURING ADJUDICATION OF
                  APPLICATION.

        Section 214 (8 U.S.C. 1184), as amended by sections 3609 and 4233,
    is further amended by adding at the end the following:
        ``(u) Treatment of Nonimmigrants During Adjudication of
    Application.--A nonimmigrant alien granted employment authorization
    pursuant to sections 101(a)(15)(A), 101(a)(15)(E), 101(a)(15)(G),
    101(a)(15)(H), 101(a)(15)(I), 101(a)(15)(J), 101(a)(15)(L),
    101(a)(15)(O), 101(a)(15)(P), 101(a)(15)(Q), 101(a)(15)(R), 214(e), and
    such other sections as the Secretary of Homeland Security may by
    regulations prescribe whose status has expired but who has, or whose
    sponsoring employer or authorized agent has, filed a timely application
    or petition for an extension of such employment authorization and
    nonimmigrant status as provided under subsection (a) is authorized to
    continue employment with the same employer until the application or
    petition is adjudicated. Such authorization shall be subject to the
    same conditions and limitations as the initial grant of employment
    authorization.''.

    SEC. 4406. NONIMMIGRANT ELEMENTARY AND SECONDARY SCHOOL STUDENTS.

        Section 214(m)(1)(B) (8 U.S.C. 1184(m)(1)(B)) is amended striking
    ``unless--'' and all that follows through ``(ii)'' and inserting
    ``unless''.

                              Subtitle E--JOLT Act

    SEC. 4501. SHORT TITLES.

        This subtitle may be cited as the ``Jobs Originated through
    Launching Travel Act of 2013'' or the ``JOLT Act of 2013''.

    SEC. 4502. PREMIUM PROCESSING.

        Section 221 (8 U.S.C. 1201) is amended by inserting at the end the
    following:
        ``(j) Premium Processing.--
                ``(1) Pilot processing service.--Recognizing that the best
            solution for expedited processing is low interview wait times
            for all applicants, the Secretary of State shall nevertheless
            establish, on a limited, pilot basis only, a fee-based premium
            processing service to expedite interview appointments. In
            establishing a pilot processing service, the Secretary may--
                        ``(A) determine the consular posts at which the
                    pilot service will be available;
                        ``(B) establish the duration of the pilot service;
                        ``(C) define the terms and conditions of the pilot
                    service, with the goal of expediting visa appointments
                    and the interview process for those electing to pay
                    said fee for the service; and
                        ``(D) resources permitting, during the pilot
                    service, consider the addition of consulates in
                    locations advantageous to foreign policy objectives or
                    in highly populated locales.
                ``(2) Fees.--
                        ``(A) Authority to collect.--The Secretary of State
                    is authorized to collect, and set the amount of, a fee
                    imposed for the premium processing service. The
                    Secretary of State shall set the fee based on all
                    relevant considerations including, the cost of
                    expedited service.
                        ``(B) Use of fees.--Fees collected under the
                    authority of subparagraph (A) shall be deposited as an
                    offsetting collection to any Department of State
                    appropriation, to recover the costs of providing
                    consular services. Such fees shall remain available for
                    obligation until expended.
                        ``(C) Relationship to other fees.--Such fee is in
                    addition to any existing fee currently being collected
                    by the Department of State.
                        ``(D) Nonrefundable.--Such fee will be
                    nonrefundable to the applicant.
                ``(3) Description of premium processing.--Premium
            processing pertains solely to the expedited scheduling of a
            visa interview. Utilizing the premium processing service for an
            expedited interview appointment does not establish the
            applicant's eligibility for a visa. The Secretary of State
            shall, if possible, inform applicants utilizing the premium
            processing of potential delays in visa issuance due to
            additional screening requirements, including necessary
            security-related checks and clearances.
                ``(4) Report to congress.--
                        ``(A) Requirement for report.--Not later than 18
                    months after the date of the enactment of the JOLT Act
                    of 2013, the Secretary of State shall submit to the
                    appropriate committees of Congress a report on the
                    results of the pilot service carried out under this
                    section.
                        ``(B) Appropriate committees of congress defined.--
                    In this paragraph, the term `appropriate committees of
                    Congress' means--
                                ``(i) the Committee on the Judiciary, the
                            Committee on Foreign Relations, and the
                            Committee on Appropriations of the Senate; and
                                ``(ii) the Committee on the Judiciary, the
                            Committee on Foreign Affairs, and the Committee
                            on Appropriations of the House of
                            Representatives.''.

    SEC. 4503. ENCOURAGING CANADIAN TOURISM TO THE UNITED STATES.

        Section 214 (8 U.S.C. 1184), as amended by sections 3609, 4233, and
    4405, is further amended by adding at the end the following:
        ``(v) Canadian Retirees.--
                ``(1) In general.--The Secretary of Homeland Security may
            admit as a visitor for pleasure as described in section
            101(a)(15)(B) any alien for a period not to exceed 240 days, if
            the alien demonstrates, to the satisfaction of the Secretary,
            that the alien--
                        ``(A) is a citizen of Canada;
                        ``(B) is at least 55 years of age;
                        ``(C) maintains a residence in Canada;
                        ``(D) owns a residence in the United States or has
                    signed a rental agreement for accommodations in the
                    United States for the duration of the alien's stay in
                    the United States;
                        ``(E) is not inadmissible under section 212;
                        ``(F) is not described in any ground of
                    deportability under section 237;
                        ``(G) will not engage in employment or labor for
                    hire in the United States; and
                        ``(H) will not seek any form of assistance or
                    benefit described in section 403(a) of the Personal
                    Responsibility and Work Opportunity Reconciliation Act
                    of 1996 (8 U.S.C. 1613(a)).
                ``(2) Spouse.--The spouse of an alien described in
            paragraph (1) may be admitted under the same terms as the
            principal alien if the spouse satisfies the requirements of
            paragraph (1), other than subparagraph (D).
                ``(3) Immigrant intent.--In determining eligibility for
            admission under this subsection, maintenance of a residence in
            the United States shall not be considered evidence of intent by
            the alien to abandon the alien's residence in Canada.
                ``(4) Period of admission.--During any single 365-day
            period, an alien may be admitted as described in section
            101(a)(15)(B) pursuant to this subsection for a period not to
            exceed 240 days, beginning on the date of admission. Periods of
            time spent outside the United States during such 240-day period
            shall not toll the expiration of such 240-day period.''.

    SEC. 4504. RETIREE VISA.

        (a) Nonimmigrant Status.--Section 101(a)(15) is amended by
    inserting after subparagraph (W) the following:
                        ``(Y) subject to section 214(w), an alien who,
                    after the date of the enactment of the JOLT Act of
                    2013--
                                ``(i)(I) uses at least $500,000 in cash to
                            purchase 1 or more residences in the United
                            States, which each sold for more than 100
                            percent of the most recent appraised value of
                            such residence, as determined by the property
                            assessor in the city or county in which the
                            residence is located;
                                ``(II) maintains ownership of residential
                            property in the United States worth at least
                            $500,000 during the entire period the alien
                            remains in the United States as a nonimmigrant
                            described in this subparagraph; and
                                ``(III) resides for more than 180 days per
                            year in a residence in the United States that
                            is worth at least $250,000; and
                                ``(ii) the alien spouse and children of the
                            alien described in clause (i) if accompanying
                            or following to join the alien.''.
        (b) Visa Application Procedures.--Section 214 (8 U.S.C. 1184), as
    amended by sections 3609, 4233, 4405, and 4503, is further amended by
    adding at the end the following:
        ``(w) Visas of Nonimmigrants Described in Section 101(a)(15)(Y).--
                ``(1) The Secretary of Homeland Security shall authorize
            the issuance of a nonimmigrant visa to any alien described in
            section 101(a)(15)(Y) who submits a petition to the Secretary
            that demonstrates, to the satisfaction of the Secretary, that
            the alien--
                        ``(A) has purchased a residence in the United
                    States that meets the criteria set forth in section
                    101(a)(15)(Y)(i);
                        ``(B) is at least 55 years of age;
                        ``(C) possesses health insurance coverage;
                        ``(D) is not inadmissible under section 212; and
                        ``(E) will comply with the terms set forth in
                    paragraph (2).
                ``(2) An alien who is issued a visa under this subsection--
                        ``(A) shall reside in the United States at a
                    residence that meets the criteria set forth in section
                    101(a)(15)(Y)(i) for more than 180 days per year;
                        ``(B) is not authorized to engage in employment in
                    the United States, except for employment that is
                    directly related to the management of the residential
                    property described in section 101(Y)(i)(II);
                        ``(C) is not eligible for any form of assistance or
                    benefit described in section 403(a) of the Personal
                    Responsibility and Work Opportunity Reconciliation Act
                    of 1996 (8 U.S.C. 1613(a)); and
                        ``(D) may renew such visa every 3 years under the
                    same terms and conditions.''.

    SEC. 4505. INCENTIVES FOR FOREIGN VISITORS VISITING THE UNITED STATES
                  DURING LOW PEAK SEASONS.

        The Secretary of State shall make publically available, on a
    monthly basis, historical data, for the previous 2 years, regarding the
    availability of visa appointments for each visa processing post, to
    allow applicants to identify periods of low demand, when wait times
    tend to be lower.

    SEC. 4506. VISA WAIVER PROGRAM ENHANCED SECURITY AND REFORM.

        (a) Definitions.--Section 217(c)(1) (8 U.S.C. 1187(c)(1)) is
    amended to read as follows:
                ``(1) Authority to designate; definitions.--
                        ``(A) Authority to designate.--The Secretary of
                    Homeland Security, in consultation with the Secretary
                    of State, may designate any country as a program
                    country if that country meets the requirements under
                    paragraph (2).
                        ``(B) Definitions.--In this subsection:
                                ``(i) Appropriate congressional
                            committees.--The term `appropriate
                            congressional committees' means--
                                        ``(I) the Committee on Foreign
                                    Relations, the Committee on Homeland
                                    Security and Governmental Affairs, and
                                    the Committee on the Judiciary of the
                                    Senate; and
                                        ``(II) the Committee on Foreign
                                    Affairs, the Committee on Homeland
                                    Security, and the Committee on the
                                    Judiciary of the House of
                                    Representatives.
                                ``(ii) Overstay rate.--
                                        ``(I) Initial designation.--The
                                    term `overstay rate' means, with
                                    respect to a country being considered
                                    for designation in the program, the
                                    ratio of--
                                                ``(aa) the number of
                                            nationals of that country who
                                            were admitted to the United
                                            States on the basis of a
                                            nonimmigrant visa under section
                                            101(a)(15)(B) whose periods of
                                            authorized stay ended during a
                                            fiscal year but who remained
                                            unlawfully in the United States
                                            beyond such periods; to
                                                ``(bb) the number of
                                            nationals of that country who
                                            were admitted to the United
                                            States on the basis of a
                                            nonimmigrant visa under section
                                            101(a)(15)(B) whose periods of
                                            authorized stay ended during
                                            that fiscal year.
                                        ``(II) Continuing designation.--The
                                    term `overstay rate' means, for each
                                    fiscal year after initial designation
                                    under this section with respect to a
                                    country, the ratio of--
                                                ``(aa) the number of
                                            nationals of that country who
                                            were admitted to the United
                                            States under this section or on
                                            the basis of a nonimmigrant
                                            visa under section
                                            101(a)(15)(B) whose periods of
                                            authorized stay ended during a
                                            fiscal year but who remained
                                            unlawfully in the United States
                                            beyond such periods; to
                                                ``(bb) the number of
                                            nationals of that country who
                                            were admitted to the United
                                            States under this section or on
                                            the basis of a nonimmigrant
                                            visa under section
                                            101(a)(15)(B) whose periods of
                                            authorized stay ended during
                                            that fiscal year.
                                        ``(III) Computation of overstay
                                    rate.--In determining the overstay rate
                                    for a country, the Secretary of
                                    Homeland Security may utilize
                                    information from any available
                                    databases to ensure the accuracy of
                                    such rate.
                                ``(iii) Program country.--The term `program
                            country' means a country designated as a
                            program country under subparagraph (A).''.
        (b) Technical and Conforming Amendments.--Section 217 (8 U.S.C.
    1187) is amended--
                (1) by striking ``Attorney General'' each place the term
            appears (except in subsection (c)(11)(B)) and inserting
            ``Secretary of Homeland Security''; and
                (2) in subsection (c)--
                        (A) in paragraph (2)(C)(iii), by striking
                    ``Committee on the Judiciary and the Committee on
                    International Relations of the House of Representatives
                    and the Committee on the Judiciary and the Committee on
                    Foreign Relations of the Senate'' and inserting
                    ``appropriate congressional committees'';
                        (B) in paragraph (5)(A)(i)(III), by striking
                    ``Committee on the Judiciary, the Committee on Foreign
                    Affairs, and the Committee on Homeland Security, of the
                    House of Representatives and the Committee on the
                    Judiciary, the Committee on Foreign Relations, and the
                    Committee on Homeland Security and Governmental Affairs
                    of the Senate'' and inserting ``appropriate
                    congressional committees''; and
                        (C) in paragraph (7), by striking subparagraph (E).
        (c) Designation of Program Countries Based on Overstay Rates.--
                (1) In general.--Section 217(c)(2)(A) (8 U.S.C.
            1187(c)(2)(A)) is amended to read as follows:
                        ``(A) General numerical limitations.--
                                ``(i) Low nonimmigrant visa refusal rate.--
                            The percentage of nationals of that country
                            refused nonimmigrant visas under section
                            101(a)(15)(B) during the previous full fiscal
                            year was not more than 3 percent of the total
                            number of nationals of that country who were
                            granted or refused nonimmigrant visas under
                            such section during such year.
                                ``(ii) Low nonimmigrant overstay rate.--The
                            overstay rate for that country was not more
                            than 3 percent during the previous fiscal
                            year.''.
                (2) Qualification criteria.--Section 217(c)(3) (8 U.S.C.
            1187(c)(3)) is amended to read as follows:
                ``(3) Qualification criteria.--After designation as a
            program country under section 217(c)(2), a country may not
            continue to be designated as a program country unless the
            Secretary of Homeland Security, in consultation with the
            Secretary of State, determines, pursuant to the requirements
            under paragraph (5), that the designation will be continued.''.
                (3) Initial period.--Section 217(c) is further amended by
            striking paragraph (4).
                (4) Continuing designation.--Section 217(c)(5)(A)(i)(II) (8
            U.S.C. 1187(c)(5)(A)(i)(II)) is amended to read as follows:

                                                        ``(II) shall
                                                    determine, based upon
                                                    the evaluation in
                                                    subclause (I), whether
                                                    any such designation
                                                    under subsection (d) or
                                                    (f), or probation under
                                                    subsection (f), ought
                                                    to be continued or
                                                    terminated;''.

                (5) Computation of visa refusal rates; judicial review.--
            Section 217(c)(6) (8 U.S.C. 1187(c)(6)) is amended to read as
            follows:
                ``(6) Computation of visa refusal rates and judicial
            review.--
                        ``(A) Computation of visa refusal rates.--For
                    purposes of determining the eligibility of a country to
                    be designated as a program country, the calculation of
                    visa refusal rates shall not include any visa refusals
                    which incorporate any procedures based on, or are
                    otherwise based on, race, sex, or disability, unless
                    otherwise specifically authorized by law or regulation.
                        ``(B) Judicial review.--No court shall have
                    jurisdiction under this section to review any visa
                    refusal, the Secretary of State's computation of a visa
                    refusal rate, the Secretary of Homeland Security's
                    computation of an overstay rate, or the designation or
                    nondesignation of a country as a program country.''.
                (6) 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.--'' and all
                    that follows through ``In refusing'' and inserting
                    ``waiver information.--In refusing''.
                (7) Waiver authority.--Section 217(c)(8) (8 U.S.C.
            1187(c)(8)) is amended to read as follows:
                ``(8) Waiver authority.--The Secretary of Homeland
            Security, in consultation with the Secretary of State, may
            waive the application of paragraph (2)(A)(i) for a country if--
                        ``(A) the country meets all other requirements of
                    paragraph (2);
                        ``(B) the Secretary of Homeland Security determines
                    that the totality of the country's security risk
                    mitigation measures provide assurance that the
                    country's participation in the program would not
                    compromise the law enforcement, security interests, or
                    enforcement of the immigration laws of the United
                    States;
                        ``(C) there has been a general downward trend in
                    the percentage of nationals of the country refused
                    nonimmigrant visas under section 101(a)(15)(B);
                        ``(D) the country consistently cooperated with the
                    Government of the United States on counterterrorism
                    initiatives, information sharing, preventing terrorist
                    travel, and extradition to the United States of
                    individuals (including the country's own nationals) who
                    commit crimes that violate United States law before the
                    date of its designation as a program country, and the
                    Secretary of Homeland Security and the Secretary of
                    State assess that such cooperation is likely to
                    continue; and
                        ``(E) the percentage of nationals of the country
                    refused a nonimmigrant visa under section 101(a)(15)(B)
                    during the previous full fiscal year was not more than
                    10 percent of the total number of nationals of that
                    country who were granted or refused such nonimmigrant
                    visas.''.
        (d) Termination of Designation; Probation.--Section 217(f) (8
    U.S.C. 1187(f)) is amended to read as follows:
        ``(f) Termination of Designation; Probation.--
                ``(1) Definitions.--In this subsection:
                        ``(A) Probationary period.--The term `probationary
                    period' means the fiscal year in which a probationary
                    country is placed in probationary status under this
                    subsection.
                        ``(B) Program country.--The term `program country'
                    has the meaning given that term in subsection
                    (c)(1)(B).
                ``(2) Determination, notice, and initial probationary
            period.--
                        ``(A) Determination of probationary status and
                    notice of noncompliance.--As part of each program
                    country's periodic evaluation required by subsection
                    (c)(5)(A), the Secretary of Homeland Security shall
                    determine whether a program country is in compliance
                    with the program requirements under subparagraphs
                    (A)(ii) through (F) of subsection (c)(2).
                        ``(B) Initial probationary period.--If the
                    Secretary of Homeland Security determines that a
                    program country is not in compliance with the program
                    requirements under subparagraphs (A)(ii) through (F) of
                    subsection (c)(2), the Secretary of Homeland Security
                    shall place the program country in probationary status
                    for the fiscal year following the fiscal year in which
                    the periodic evaluation is completed.
                ``(3) Actions at the end of the initial probationary
            period.--At the end of the initial probationary period of a
            country under paragraph (2)(B), the Secretary of Homeland
            Security shall take 1 of the following actions:
                        ``(A) Compliance during initial probationary
                    period.--If the Secretary determines that all instances
                    of noncompliance with the program requirements under
                    subparagraphs (A)(ii) through (F) of subsection (c)(2)
                    that were identified in the latest periodic evaluation
                    have been remedied by the end of the initial
                    probationary period, the Secretary shall end the
                    country's probationary period.
                        ``(B) Noncompliance during initial probationary
                    period.--If the Secretary determines that any instance
                    of noncompliance with the program requirements under
                    subparagraphs (A)(ii) through (F) of subsection (c)(2)
                    that were identified in the latest periodic evaluation
                    has not been remedied by the end of the initial
                    probationary period--
                                ``(i) the Secretary may terminate the
                            country's participation in the program; or
                                ``(ii) on an annual basis, the Secretary
                            may continue the country's probationary status
                            if the Secretary, in consultation with the
                            Secretary of State, determines that the
                            country's continued participation in the
                            program is in the national interest of the
                            United States.
                ``(4) Actions at the end of additional probationary
            periods.--At the end of all probationary periods granted to a
            country pursuant to paragraph (3)(B)(ii), the Secretary shall
            take 1 of the following actions:
                        ``(A) Compliance during additional period.--The
                    Secretary shall end the country's probationary status
                    if the Secretary determines during the latest periodic
                    evaluation required by subsection (c)(5)(A) that the
                    country is in compliance with the program requirements
                    under subparagraphs (A)(ii) through (F) of subsection
                    (c)(2).
                        ``(B) Noncompliance during additional periods.--The
                    Secretary shall terminate the country's participation
                    in the program if the Secretary determines during the
                    latest periodic evaluation required by subsection
                    (c)(5)(A) that the program country continues to be in
                    noncompliance with the program requirements under
                    subparagraphs (A)(ii) through (F) of subsection (c)(2).
                ``(5) Effective date.--The termination of a country's
            participation in the program under paragraph (3)(B) or (4)(B)
            shall take effect on the first day of the first fiscal year
            following the fiscal year in which the Secretary determines
            that such participation shall be terminated. Until such date,
            nationals of the country shall remain eligible for a waiver
            under subsection (a).
                ``(6) Treatment of nationals after termination.--For
            purposes of this subsection and subsection (d)--
                        ``(A) nationals of a country whose designation is
                    terminated under paragraph (3) or (4) shall remain
                    eligible for a waiver under subsection (a) until the
                    effective date of such termination; and
                        ``(B) a waiver under this section that is provided
                    to such a national for a period described in subsection
                    (a)(1) shall not, by such termination, be deemed to
                    have been rescinded or otherwise rendered invalid, if
                    the waiver is granted prior to such termination.
                ``(7) Consultative role of the secretary of state.--In this
            subsection, references to subparagraphs (A)(ii) through (F) of
            subsection (c)(2) and subsection (c)(5)(A) carry with them the
            consultative role of the Secretary of State as provided in
            those provisions.''.
        (e) Review of Overstay Tracking Methodology.--Not later than 180
    days after the date of the enactment of this Act, the Comptroller
    General of the United States shall conduct a review of the methods used
    by the Secretary--
                (1) to track aliens entering and exiting the United States;
            and
                (2) to detect any such alien who stays longer than such
            alien's period of authorized admission.
        (f) Evaluation of Electronic System for Travel Authorization.--Not
    later than 90 days after the date of the enactment of this Act, the
    Secretary shall submit to Congress--
                (1) an evaluation of the security risks of aliens who enter
            the United States without an approved Electronic System for
            Travel Authorization verification; and
                (2) a description of any improvements needed to minimize
            the number of aliens who enter the United States without the
            verification described in paragraph (1).
        (g) Sense of Congress on Priority for Review of Program
    Countries.--It is the sense of Congress that the Secretary, in the
    process of conducting evaluations of countries participating in the
    visa waiver program under section 217 of the Immigration and
    Nationality Act (8 U.S.C. 1187), should prioritize the reviews of
    countries in which circumstances indicate that such a review is
    necessary or desirable.

    SEC. 4507. EXPEDITING ENTRY FOR PRIORITY VISITORS.

        Section 7208(k)(4) of the Intelligence Reform and Terrorism
    Prevention Act of 2004 (8 U.S.C. 1365b(k)(4)) is amended to read as
    follows:
                ``(4) Expediting entry for priority visitors.--
                        ``(A) In general.--The Secretary of Homeland
                    Security may expand the enrollment across registered
                    traveler programs to include eligible individuals
                    employed by international organizations, selected by
                    the Secretary, which maintain strong working
                    relationships with the United States.
                        ``(B) Requirements.--An individual may not be
                    enrolled in a registered traveler program unless--
                                ``(i) the individual is sponsored by an
                            international organization selected by the
                            Secretary under subparagraph (A); and
                                ``(ii) the government that issued the
                            passport that the individual is using has
                            entered into a Trusted Traveler Arrangement
                            with the Department of Homeland Security to
                            participate in a registered traveler program.
                        ``(C) Security requirements.--An individual may not
                    be enrolled in a registered traveler program unless the
                    individual has successfully completed all applicable
                    security requirements established by the Secretary,
                    including cooperation from the applicable foreign
                    government, to ensure that the individual does not pose
                    a risk to the United States.
                        ``(D) Discretion.--Except as provided in
                    subparagraph (E), the Secretary shall retain
                    unreviewable discretion to offer or revoke enrollment
                    in a registered traveler program to any individual.
                        ``(E) Ineligible travelers.--An individual who is a
                    citizen of a state sponsor of terrorism (as defined in
                    section 301(13) of the Comprehensive Iran Sanctions,
                    Accountability, and Divestment Act of 2010 (22 U.S.C.
                    8541(13)) may not be enrolled in a registered traveler
                    program.''.

    SEC. 4508. VISA PROCESSING.

        (a) In General.--Notwithstanding any other provision of law and not
    later than 90 days after the date of the enactment of this Act, the
    Secretary of State shall--
                (1) require United States diplomatic and consular
            missions--
                        (A) to conduct visa interviews for nonimmigrant
                    visa applications determined to require a consular
                    interview in an expeditious manner, consistent with
                    national security requirements, and in recognition of
                    resource allocation considerations, such as the need to
                    ensure provision of consular services to citizens of
                    the United States;
                        (B) to set a goal of interviewing 80 percent of all
                    nonimmigrant visa applicants, worldwide, within 3 weeks
                    of receipt of application, subject to the conditions
                    outlined in subparagraph (A); and
                        (C) to explore expanding visa processing capacity
                    in China and Brazil, with the goal of maintaining
                    interview wait times under 15 work days on a
                    consistent, year-round basis, recognizing that demand
                    can spike suddenly and unpredictably and that the first
                    priority of United States missions abroad is the
                    protection of citizens of the United States; and
                (2) submit to the appropriate committees of Congress a
            detailed strategic plan that describes the resources needed to
            carry out paragraph (1)(A).
        (b) Appropriate Committees of Congress.--In this section, the term
    ``appropriate committees of Congress'' means--
                (1) the Committee on the Judiciary, the Committee on
            Foreign Relations, and the Committee on Appropriations of the
            Senate; and
                (2) the Committee on the Judiciary, the Committee on
            Foreign Affairs, and the Committee on Appropriations of the
            House of Representatives.
        (c) Semi-Annual Report.--Not later than 30 days after the end of
    the first 6 months after the implementation of subsection (a), and not
    later than 30 days after the end of each subsequent quarter, the
    Secretary of State shall submit to the appropriate committees of
    Congress a report that provides--
                (1) data substantiating the efforts of the Secretary of
            State to meet the requirements and goals described in
            subsection (a);
                (2) any factors that have negatively impacted the efforts
            of the Secretary to meet such requirements and goals; and
                (3) any measures that the Secretary plans to implement to
            meet such requirements and goals.
        (d) Savings Provision.--
                (1) In general.--Nothing in subsection (a) may be construed
            to affect a consular officer's authority--
                        (A) to deny a visa application under section 221(g)
                    of the Immigration and Nationality Act (8 U.S.C.
                    1201(g)); or
                        (B) to initiate any necessary or appropriate
                    security-related check or clearance.
                (2) Security checks.--The completion of a security-related
            check or clearance shall not be subject to the time limits set
            out in subsection (a).

                  Subtitle F--Reforms to the H-2B Visa Program

    SEC. 4601. EXTENSION OF RETURNING WORKER EXEMPTION TO H-2B NUMERICAL
                  LIMITATION.

        (a) In General.--
                (1) In general.--Subparagraph (A) of paragraph (10) of
            section 214(g) (8 U.S.C. 1184(g)), as redesignated by section
            4101(a)(3), is amended by striking ``fiscal year 2004, 2005, or
            2006'' and inserting ``fiscal year 2013 shall not again be
            counted toward such limitation during fiscal years 2014 through
            2018.''.
                (2) Effective period.--The amendment made by paragraph (1)
            shall be effective during the period beginning on the effective
            date described in subsection (c) and ending on September 30,
            2018.
        (b) Technical and Clarifying Amendments.--
                (1) Nonimmigrant status.--Section 101(a)(15)(P) (8 U.S.C.
            1101(a)(15)(P)) is amended--
                        (A) in clause (iii), by striking ``or'' at the end;
                        (B) in clause (iv), by striking ``clause (i), (ii),
                    or (iii),'' and inserting ``clause (i), (ii), (iii), or
                    (iv)'';
                        (C) by redesignating ``clause (iv)'' as ``clause
                    (v)''; and
                        (D) by inserting after ``clause (iii)'' the
                    following new clause:
                                ``(iv) is a ski instructor seeking to enter
                            the United States temporarily to perform
                            instructing services; or''.
                (2) Authorized period of stay; numerical limitation.--
            Section 214(a)(2)(B) (8 U.S.C. 1184(a)(2)(B)) is amended in the
            second sentence--
                        (A) by inserting ``or ski instructors'' after
                    ``athletes''; and
                        (B) by inserting ``or ski instructor'' after
                    ``athlete''.
                (3) Construction.--Nothing in the amendments made by this
            subsection may be construed as preventing an alien who is a ski
            instructor from obtaining nonimmigrant status under section
            101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act (8
            U.S.C. 1101(a)(15)(H)(ii)(b)) if such alien is otherwise
            qualified for such status.
        (c) Effective Date.--The amendment made by subsection (a) shall
    take effect as if enacted on January 1, 2013.

    SEC. 4602. OTHER REQUIREMENTS FOR H-2B EMPLOYERS.

        (a) In General.--Section 214 (8 U.S.C. 1184), as amended by
    sections 3609, 4233, 4405, 4503, and 4504, is further amended by adding
    at the end the following:
        ``(x) Requirements for H-2B Employers.--
                ``(1) H-2B nonimmigrant defined.--In this subsection the
            term `H-2B nonimmigrant' means an alien admitted to the United
            States pursuant to section 101(a)(15)(H)(ii)(B).
                ``(2) Non-displacement of united states workers.--An
            employer who seeks to employ an H-2B nonimmigrant admitted in
            an occupational classification shall certify and attest that
            the employer did not displace and will not displace a United
            States worker employed by the employer in the same metropolitan
            statistical area where such nonimmigrant will be hired within
            the period beginning 90 days before the start date and ending
            on the end date for which the employer is seeking the services
            of such nonimmigrant as specified on an application for labor
            certification under this Act.
                ``(3) Transportation costs.--The employer shall pay the
            transportation costs, including reasonable subsistence costs
            during the period of travel, for an H-2B nonimmigrant hired by
            the employer--
                        ``(A) from the place of recruitment to the place of
                    such nonimmigrant's employment; and
                        ``(B) from the place of employment to such
                    nonimmigrant's place of permanent residence or a
                    subsequent worksite.
                ``(4) Payment of fees.--A fee related to the hiring of an
            H-2B nonimmigrant required to be paid by an employer under this
            Act shall be paid by the employer and may not be deducted from
            the wages or other compensation paid to an H-2B nonimmigrant.
                ``(5) H-2B nonimmigrant labor certification application
            fees.--
                        ``(A) In general.--To recover costs of carrying out
                    labor certification activities under the H-2B program,
                    the Secretary of Labor shall impose a $500 fee on an
                    employer that submits an application for an employment
                    certification for aliens granted H-2B nonimmigrant
                    status to the Secretary of Labor under this
                    subparagraph on or after the date that is 30 days after
                    the date of enactment of the Border Security, Economic
                    Opportunity, and Immigration Modernization Act.''.
                        ``(B) Use of fees.--The fees collected under
                    subparagraph (A) shall be deposited in the
                    Comprehensive Immigration Reform Trust Fund established
                    under section 6 of the Border Security, Economic
                    Opportunity, and Immigration Modernization Act.''.
        (b) Executives and Managers.--Section 214 (8 U.S.C. 1184) is
    amended as follows:
                (1) in subsection (a)(1), by adding at the end ``Aliens
            admitted under section 101(a)(15) should include--
                ``(A) executives and managers employed by a firm or
            corporation or other legal entity or an affiliate or subsidiary
            thereof who are principally stationed abroad and who seek to
            enter the United States for periods of 90 days or less to
            oversee and observe the United States operations of their
            related companies, and establish strategic objectives when
            needed; or
                ``(B) employees of multinational corporations who enter the
            United States to observe the operations of a related United
            States company and participate in select leadership and
            development training activities, whether or not the activity is
            part of a formal or classroom training program for a period not
            to exceed 180 days.
            Nonimmigrant aliens admitted pursuant to section 101(a)(15) and
            engaged in the activities described in the subparagraph (A) or
            (B) may not receive a salary from a United States source,
            except for incidental expenses for meals, travel, lodging and
            other basic services.''.
        (c) Honoraria.--Section 212(q) (8 U.S.C. 1182(q)) is amended to
    read as follows:
        ``(q)(1) Any alien admitted under section 101(a)(15)(B) may accept
    an honorarium payment and associated incidental expenses, for a usual
    academic activity or activities (lasting not longer than 9 days at any
    single institution), as defined by the Attorney General in consultation
    with the Secretary of Education, or for a performance, appearance and
    participation in United States based programming, including scripted or
    unscripted programming (with services not rendered for more than 60
    days in a 6 month period) if the alien has received a letter of
    invitation from the institution, organization, or media outlet, such
    payment is offered by an institution, organization, or media outlet
    described in paragraph (2) and is made for services conducted for the
    benefit of that institution, entity or media outlet and if the alien
    has not accepted such payment or expenses from more than 5
    institutions, organizations, or media outlets in the previous 6-month
    period. Any alien who is admitted under section 101(a)(15)(B) or any
    other valid visa may perform services under this section without
    reentering the United States and without a letter of invitation, if the
    alien does not receive any remuneration including an honorarium payment
    or incidental expenses, but may receive prize money.
        ``(2) An institution, organization, or media outlet described in
    this paragraph--
                ``(A) an institution of higher education (as defined in
            section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
            1001(a))) or a related or affiliated nonprofit entity;
                ``(B) a nonprofit research organization or a Governmental
            research organization; and
                ``(C) a broadcast network, cable entity, production
            company, new media, internet and mobile based companies, who
            create or distribute programming content.''.

    SEC. 4603. NONIMMIGRANTS PARTICIPATING IN RELIEF OPERATIONS.

        Section 214 (8 U.S.C. 1184), as amended by sections 3609, 4233,
    4405, 4503, 4504, and 4602, is further amended by adding at the end
    following:
        ``(y) Nonimmigrants Participating in Relief Operations.--
                ``(1) In general.--An alien coming individually, or aliens
            coming as a group, to participate in relief operations,
            including critical infrastructure repairs or improvements,
            needed in response to a Federal or State declared emergency or
            disaster, may be admitted to the United States pursuant to
            section 101(a)(15)(B) for a period of not more than 90 days if
            each such alien has been employed in a foreign country by 1
            employer for not less than 1 year prior to the date the alien
            is so admitted.
                ``(2) Prohibition on income from a united states source.--
            During a period of admission pursuant to paragraph (1), an
            alien may not receive income from a United States source,
            except for incidental expenses for meals, travel, lodging, and
            other basic services.''.

    SEC. 4604. NONIMMIGRANTS PERFORMING MAINTENANCE ON COMMON CARRIERS.

        Section 214 (8 U.S.C. 1184), as amended by sections 3609, 4233,
    4405, 4503, 4504, 4602, and 4603, is further amended by adding at the
    end following:
        ``(z) Nonimmigrants Performing Maintenance on Common Carrier.--
                ``(1) In general.--An alien coming individually, or aliens
            coming as a group, who possess specialized knowledge to perform
            maintenance or repairs for common carriers, including to
            airlines, cruise lines, and railways, if such maintenance or
            repairs are occurring to equipment or machinery manufactured
            outside of the United States and are needed for purposes
            relating to life, health, and safety, may be admitted to the
            United States pursuant to section 101(a)(15)(B) for a period of
            not more than 90 days if each such alien has been employed in a
            foreign country by 1 employer for not less than 1 year prior to
            the date the alien is so admitted.
                ``(2) Prohibition on income from a united states source.--
            During a period of admission pursuant to paragraph (1), an
            alien may not receive a income from a United States source,
            except for incidental expenses for meals, travel, lodging, and
            other basic services.
                ``(3) Fee.--
                        ``(A) In general.--An alien admitted pursuant to
                    paragraph (1) shall pay a fee of $500.
                        ``(B) Use of fee.--The fees collected under
                    subparagraph (A) shall be deposited in the
                    Comprehensive Immigration Reform Trust Fund established
                    under section 6 of the Border Security, Economic
                    Opportunity, and Immigration Modernization Act''.

                        Subtitle G--W Nonimmigrant Visas

    SEC. 4701. BUREAU OF IMMIGRATION AND LABOR MARKET RESEARCH.

        (a) Definitions.--In this section:
                (1) Bureau.--Except as otherwise specifically provided, the
            term ``Bureau'' means the Bureau of Immigration and Labor
            Market Research established under subsection (b).
                (2) Commissioner.--The term ``Commissioner'' means the
            Commissioner of the Bureau.
                (3) Construction occupation.--The term ``construction
            occupation'' means an occupation defined by the Bureau of Labor
            Statistics as being within the construction industry for the
            purposes of publishing the Bureau's workforce statistics.
                (4) Metropolitan statistical area.--The term ``metropolitan
            statistical area'' means a geographic area designated as a
            metropolitan statistical area by the Director of the Office of
            Management and Budget.
                (5) Shortage occupation.--The term ``shortage occupation''
            means an occupation that the Commissioner determines is
            experiencing a shortage of labor--
                        (A) throughout the United States; or
                        (B) in a specific metropolitan statistical area.
                (6) W visa program.--The term ``W visa program'' means the
            program for the admission of nonimmigrant aliens described in
            subparagraph (W)(i) of section 101(a)(15) of the Immigration
            and Nationality Act (8 U.S.C. 1101(a)(15)), as added by section
            4702.
                (7) Zone 1 occupation.--The term ``zone 1 occupation''
            means an occupation that requires little or no preparation and
            is classified as a zone 1 occupation on--
                        (A) the Occupational Information Network Database
                    (O*NET) on the date of the enactment of this Act; or
                        (B) such Database or a similar successor database,
                    as designated by the Secretary of Labor, after the date
                    of the enactment of this Act.
                (8) Zone 2 occupation.--The term ``zone 2 occupation''
            means an occupation that requires some preparation and is
            classified as a zone 2 occupation on--
                        (A) the Occupational Information Network Database
                    (O*NET) on the date of the enactment of this Act; or
                        (B) such Database or a similar successor database,
                    as designated by the Secretary of Labor, after the date
                    of the enactment of this Act.
                (9) Zone 3 occupation.--The term ``zone 3 occupation''
            means an occupation that requires medium preparation and is
            classified as a zone 3 occupation on--
                        (A) the Occupational Information Network Database
                    (O*NET) on the date of the enactment of this Act; or
                        (B) such Database or a similar successor database,
                    as designated by the Secretary of Labor, after the date
                    of the enactment of this Act.
        (b) Establishment.--There is established a Bureau of Immigration
    and Labor Market Research as an independent statistical agency within
    U.S. Citizenship and Immigration Services.
        (c) Commissioner.--The head of the Bureau of Immigration and Labor
    Market Research is the Commissioner, who shall be appointed by the
    President, by and with the advice and consent of the Senate.
        (d) Duties.--The duties of the Commissioner are limited to the
    following:
                (1) To devise a methodology subject to publication in the
            Federal Register and an opportunity for public comment to
            determine the annual change to the numerical limitation for
            nonimmigrant aliens described in subparagraph (W)(i) of section
            101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
            1101(a)(15)), as added by section 4702.
                (2) To determine and to publish in the Federal Register the
            annual change to the numerical limitation for nonimmigrant
            aliens described in subparagraph (W)(i) of section 101(a)(15)
            of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)),
            as added by section 4702.
                (3) With respect to the W visa program, to supplement the
            recruitment methods employers may use to attract such
            nonimmigrant aliens.
                (4) With respect to the W visa program, to devise a
            methodology subject to publication in the Federal Register and
            an opportunity for public comment to designate shortage
            occupations in zone 1 occupations, zone 2 occupations, and zone
            3 occupations.
                (5) With respect to the W visa program, to designate
            shortage occupations in any zone 1 occupation, zone 2
            occupation, or zone 3 occupation and publish such occupations
            in the Federal Register.
                (6) With respect to the W visa program, to conduct a survey
            once every 3 months of the unemployment rate of zone 1
            occupations, zone 2 occupations, or zone 3 occupations that are
            construction occupations in each metropolitan statistical area.
                (7) To study and report to Congress on employment-based
            immigrant and nonimmigrant visa programs in the United States
            and to make annual recommendations to improve such programs.
                (8) To carry out any functions required to carry out the
            duties described in paragraphs (1) through (7).
        (e) Determination of Changes to Numerical Limitations.--The
    methodology required under subsection (d)(1) shall be published in the
    Federal Register not later than 18 months after the date of the
    enactment of this Act.
        (f) Designation of Shortage Occupations.--
                (1) Methods to determine.--The Commissioner shall--
                        (A) establish the methodology to designate shortage
                    occupations under subsection (d)(4); and
                        (B) publish such methodology in the Federal
                    Register not later than 18 months after the date of the
                    enactment of this Act.
                (2) Petition by employer.--The methodology established
            under paragraph (1) shall permit an employer to petition the
            Commissioner for a determination that a particular occupation
            in a particular metropolitan statistical area is a shortage
            occupation.
                (3) Requirement for notice and comment.--The methodology
            established under paragraph (1) shall be effective only after
            publication in the Federal Register and an opportunity for
            public comment.
        (g) Employee Expertise.--The employees of the Bureau shall have the
    expertise necessary to identify labor shortages in the United States
    and make recommendations to the Commissioner on the impact of immigrant
    and nonimmigrant aliens on labor markets in the United States,
    including expertise in economics, labor markets, demographics and
    methods of recruitment of United States workers.
        (h) Interagency Cooperation.--At the request of the Commissioner,
    the Secretary of Commerce, the Director of the Bureau of the Census,
    the Secretary of Labor, and the Commissioner of the Bureau of Labor
    Statistics shall--
                (1) provide data to the Commissioner;
                (2) conduct appropriate surveys; and
                (3) assist the Commissioner in preparing the
            recommendations referred to subsection (d)(5).
        (i) Budget.--
                (1) Report.--Not later than 1 year after the date of the
            enactment of this Act, the Director of U.S. Citizenship and
            Immigration Services shall submit to Congress a report of the
            estimated budget that the Bureau will need to carry out the
            duties described in subsection (d).
                (2) Audit.--The Comptroller General of the United States
            shall submit to Congress a report that is an audit of the
            budget prepared by the Director under paragraph (1).
        (j) Funding.--
                (1) Appropriation of funds.--There is hereby appropriated,
            out of any money in the Treasury not otherwise appropriated,
            $20,000,000 to establish the Bureau.
                (2) Use of w nonimmigrant fees.--The amounts collected for
            fees under section 220(e)(6)(B) of the Immigration and
            Nationality Act, as added by section 4703, shall be used to
            establish and fund the Bureau.
                (3) Other fees.--The Secretary may establish other fees
            related to the hiring of alien workers and use such fees to
            fund the Bureau.

    SEC. 4702. NONIMMIGRANT CLASSIFICATION FOR W NONIMMIGRANTS.

        Section 101(a)(15)(W), as added by section 2211, is amended by
    inserting before clause (iii) the following:
                                ``(i) to perform services or labor for a
                            registered employer in a registered position
                            (as those terms are defined in section 220(a))
                            in accordance with the requirements under
                            section 220;
                                ``(ii) to accompany or follow to join such
                            an alien described in clause (i) as the spouse
                            or child of such alien;''.

    SEC. 4703. ADMISSION OF W NONIMMIGRANT WORKERS.

        (a) Admission of W Nonimmigrant Workers.--
                (1) In 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:
                ``(1) Bureau.--The term `Bureau' means the Bureau of
            Immigration and Labor Market Research established by section
            4701 of the Border Security, Economic Opportunity, and
            Immigration Modernization Act.
                ``(2) Certified alien.--The term `certified alien' means an
            alien that the Secretary of State has certified is eligible to
            be a W nonimmigrant if the alien is hired by a registered
            employer for a registered position.
                ``(3) Commissioner.--The term `Commissioner' means the
            Commissioner of the Bureau.
                ``(4) Construction occupation.--The term `construction
            occupation' means an occupation defined by the Bureau of Labor
            Statistics as being within the construction industry for the
            purposes of publishing the Bureau's workforce statistics.
                ``(5) Department.--Except as otherwise provided, the term
            `Department' means the Department of Homeland Security.
                ``(6) Eligible occupation.--The term `eligible occupation'
            means an eligible occupation described in subsection (e)(3).
                ``(7) Employer.--
                        ``(A) In general.--The term `employer' means any
                    person or entity hiring an individual for employment in
                    the United States.
                        ``(B) Treatment of single employer.--For purposes
                    of determining the number of employees or United States
                    workers employed by an employer, a single entity shall
                    be treated as 1 employer.
                ``(8) Excluded geographic location.--The term `excluded
            geographic location' means an excluded geographic location
            described in subsection (f).
                ``(9) Metropolitan statistical area.--The term
            `metropolitan statistical area' means a geographic area
            designated as a metropolitan statistical area by the Director
            of the Office of Management and Budget.
                ``(10) Registered employer.--The term `registered employer'
            means an employer that the Secretary has designated as a
            registered employer under subsection (d).
                ``(11) Secretary.--Except as otherwise specifically
            provided, the term `Secretary' means the Secretary of Homeland
            Security.
                ``(12) Single entity.--The term `single entity' means any
            group treated as a single employer under subsection (b), (c),
            (m), or (o) of section 414 of the Internal Revenue Code of
            1986.
                ``(13) Shortage occupation.--The term `shortage occupation'
            means a shortage occupation designated by the Commissioner
            pursuant to section 4701(d)(4) of the Border Security, Economic
            Opportunity, and Immigration Modernization Act.
                ``(14) Small business.--The term `small business' means an
            employer that employs 25 or fewer full-time equivalent
            employees.
                ``(15) United states worker.--The term `United States
            worker' means an individual who is--
                        ``(A) employed or seeking employment in the United
                    States; and
                        ``(B)(i) a national of the United States;
                        ``(ii) an alien lawfully admitted for permanent
                    residence;
                        ``(iii) an alien in Registered Provisional
                    Immigrant Status; or
                        ``(iv) any other alien authorized to work in the
                    United States with no limitation as to the alien's
                    employer.
                ``(16) W nonimmigrant.--The term `W nonimmigrant' means an
            alien admitted as a nonimmigrant pursuant to section
            101(a)(15)(W)(i).
                ``(17) W visa program.--The term `W visa program' means the
            program for the admission of nonimmigrant aliens described in
            section 101(a)(15)(W)(i).
                ``(18) Zone 1 occupation.--The term `zone 1 occupation'
            means an occupation that requires little or no preparation and
            is classified as a zone 1 occupation on--
                        ``(A) the Occupational Information Network Database
                    (O*NET) on the date of the enactment of the Border
                    Security, Economic Opportunity, and Immigration
                    Modernization Act; or
                        ``(B) such Database or a similar successor
                    database, as designated by the Secretary of Labor,
                    after the date of the enactment of the Border Security,
                    Economic Opportunity, and Immigration Modernization
                    Act.
                ``(19) Zone 2 occupation.--The term `zone 2 occupation'
            means an occupation that requires some preparation and is
            classified as a zone 2 occupation on--
                        ``(A) the Occupational Information Network Database
                    (O*NET) on the date of the enactment of the Border
                    Security, Economic Opportunity, and Immigration
                    Modernization Act; or
                        ``(B) such Database or a similar successor
                    database, as designated by the Secretary of Labor,
                    after the date of the enactment of the Border Security,
                    Economic Opportunity, and Immigration Modernization
                    Act.
                ``(20) Zone 3 occupation.--The term `zone 3 occupation'
            means an occupation that requires medium preparation and is
            classified as a zone 3 occupation on--
                        ``(A) the Occupational Information Network Database
                    (O*NET) on the date of the enactment of the Border
                    Security, Economic Opportunity, and Immigration
                    Modernization Act; or
                        ``(B) such Database or a similar successor
                    database, as designated by the Secretary of Labor,
                    after the date of the enactment of the Border Security,
                    Economic Opportunity, and Immigration Modernization
                    Act.
        ``(b) Admission Into the United States.--
                ``(1) W nonimmigrants.--Subject to this section, a
            certified alien is eligible to be admitted to the United States
            as a W nonimmigrant if the alien is hired by a registered
            employer for employment in a registered position in a location
            that is not an excluded geographic location.
                ``(2) Spouse and minor children.--The alien spouse and
            minor children of a W nonimmigrant--
                        ``(A) may be admitted to the United States pursuant
                    to clause (ii) of section 101(a)(15)(W) during the
                    period of the principal W nonimmigrant's admission;
                        ``(B) is authorized to engage in employment in the
                    United States during such period of admission; and
                        ``(C) shall be provided with employment
                    authorization or other appropriate work permit.
        ``(c) W Nonimmigrants.--
                ``(1) Certified alien.--
                        ``(A) Application.--An alien seeking to be a W
                    nonimmigrant shall apply to the Secretary of State at a
                    United States embassy or consulate in a foreign country
                    to be a certified alien.
                        ``(B) Criteria.--An alien is eligible to be a
                    certified alien if the alien--
                                ``(i) is not inadmissible under this Act;
                                ``(ii) passes a criminal background check;
                                ``(iii) agrees to accept only registered
                            positions in the United States; and
                                ``(iv) meets other criteria as established
                            by the Secretary.
                ``(2) W nonimmigrant status.--Only an alien that is a
            certified alien may be admitted to the United States as a W
            nonimmigrant.
                ``(3) Initial employment.--A W nonimmigrant shall report to
            such nonimmigrant's initial employment in a registered position
            not later than 14 days after such nonimmigrant is admitted to
            the United States.
                ``(4) Term of admission.--
                        ``(A) Initial term.--A certified alien may be
                    granted W nonimmigrant status for an initial period of
                    3 years.
                        ``(B) Renewal.--A W nonimmigrant may renew his or
                    her status as a W nonimmigrant for additional 3-year
                    periods. Such a renewal may be made while the W
                    nonimmigrant is in the United States and shall not
                    require the alien to depart the United States.
                ``(5) Periods of unemployment.--A W nonimmigrant--
                        ``(A) may be unemployed for a period of not more
                    than 60 consecutive days; and
                        ``(B) shall depart the United States if such W
                    nonimmigrant is unable to obtain such employment during
                    such period.
                ``(6) Travel.--A W nonimmigrant may travel outside the
            United States and be readmitted to the United States. Such
            travel may not extend the period of authorized admission of
            such W nonimmigrant.
        ``(d) Registered Employer.--
                ``(1) Application.--An employer seeking to be a registered
            employer shall submit an application to the Secretary. Each
            such application shall include the following:
                        ``(A) Documentation to establish that the employer
                    is a bona-fide employer.
                        ``(B) The employer's Federal tax identification
                    number or employer identification number registered
                    with the Internal Revenue Service.
                        ``(C) The number of W nonimmigrants the employer
                    estimates it will seek to employ annually.
                ``(2) Referral for fraud investigation.--The Secretary may
            refer an application submitted under paragraph (1) or
            subsection (e)(1)(A) to the Fraud Detection and National
            Security Directorate of U.S. Citizenship and Immigration
            Services if there is evidence of fraud for potential
            investigation.
                ``(3) Ineligible employers.--
                        ``(A) In general.--Notwithstanding any other
                    applicable penalties under law, the Secretary may deny
                    an employer's application to be a registered employer
                    if the Secretary determines, after notice and an
                    opportunity for a hearing, that the employer submitting
                    such application--
                                ``(i) has, with respect to the application
                            required under paragraph (1), including any
                            attestations required by law--
                                        ``(I) knowingly misrepresented a
                                    material fact;
                                        ``(II) knowingly made a fraudulent
                                    statement; or
                                        ``(III) knowingly failed to comply
                                    with the terms of such attestations; or
                                ``(ii) failed to cooperate in the audit
                            process in accordance with regulations
                            promulgated by the Secretary;
                                ``(iii) has been convicted of an offense
                            set out in chapter 77 of title 18, United
                            States Code, or any conspiracy to commit such
                            offenses, or any human trafficking offense
                            under State or territorial law;
                                ``(iv) has, within 2 years prior to the
                            date of application--
                                        ``(I) received a final adjudication
                                    of having committed any hazardous
                                    occupation orders violation resulting
                                    in injury or death under the child
                                    labor provisions contained in section
                                    12 of the Fair Labor Standards Act of
                                    1938 (29 U.S.C. 211) and any pertinent
                                    regulation;
                                        ``(II) received a final
                                    adjudication assessing a civil money
                                    penalty for any repeated or willful
                                    violation of the minimum wage
                                    provisions of section 6 of the Fair
                                    Labor Standards Act of 1938 (29 U.S.C.
                                    206); or
                                        ``(III) received a final
                                    adjudication assessing a civil money
                                    penalty for any repeated or willful
                                    violation of the overtime provisions of
                                    section 7 of the Fair Labor Standards
                                    Act of 1938 or any regulations
                                    thereunder, other than a repeated
                                    violation that is self-reported (29
                                    U.S.C. 207); or
                                ``(v) has, within 2 years prior to the date
                            of application, received a final adjudication
                            for a willful violation or repeated serious
                            violations involving injury or death--
                                        ``(I) of section 5 of the
                                    Occupational Safety and Health Act of
                                    1970 (29 U.S.C. 654);
                                        ``(II) of any standard, rule, or
                                    order promulgated pursuant to section 6
                                    of the Occupational Safety and Health
                                    Act of 1970 (29 U.S.C. 655); or
                                        ``(III) of a plan approved under
                                    section 18 of the Occupational Safety
                                    and Health Act of 1970 (29 U.S.C. 667).
                        ``(B) Length of ineligibility.--
                                ``(i) Temporary ineligibility.--An employer
                            described in subparagraph (A) may be ineligible
                            to be a registered employer for a period that
                            is not less than the time period determined by
                            the Secretary and not more than 3 years.
                                ``(ii) Permanent ineligibility.--An
                            employer who has been convicted of any offense
                            set out in chapter 77 of title 18, United
                            States Code, or any conspiracy to commit such
                            offenses, or any human trafficking offense
                            under State or territorial law shall be
                            permanently ineligible to be a registered
                            employer.
                ``(4) Term of registration.--The Secretary shall approve
            applications meeting the criteria of this subsection for a term
            of 3 years.
                ``(5) Renewal.--An employer may submit an application to
            renew the employer's status as a registered employer for
            additional 3-year periods.
                ``(6) Fee.--At the time an employer's application to be a
            registered employer or to renew such status is approved, such
            employer shall pay a fee in an amount determined by the
            Secretary to be sufficient to cover the costs of the registry
            of such employers.
                ``(7) Continued eligibility.--Each registered employer
            shall submit to the Secretary an annual report that
            demonstrates that the registered employer has provided the
            wages and working conditions the registered employer agreed to
            provide to its employees.
        ``(e) Registered Positions.--
                ``(1) In general.--
                        ``(A) Application.--Each registered employer shall
                    submit to the Secretary an application to designate a
                    position for which the employer is seeking a W
                    nonimmigrant as a registered position. Each such
                    application shall include a description of each such
                    position.
                        ``(B) Attestation.--An application submitted under
                    subparagraph (A) shall include an attestation of the
                    following:
                                ``(i) The number of employees of the
                            employer.
                                ``(ii) The occupational category, as
                            classified by the Secretary of Labor, for which
                            the registered position is sought.
                                ``(iii) Whether the occupation for which
                            the registered position is sought is a shortage
                            occupation.
                                ``(iv) The wages to be paid to W
                            nonimmigrants employed by the employer in the
                            registered position, including a position in a
                            shortage occupation, will be the greater of--
                                        ``(I) the actual wage level paid by
                                    the employer to other employees with
                                    similar experience and qualifications
                                    for such position; or
                                        ``(II) the prevailing wage level
                                    for the occupational classification of
                                    the position in the metropolitan
                                    statistical area of the employment,
                                    based on the best information available
                                    as of the time of filing the
                                    application.
                                ``(v) The working conditions for W
                            nonimmigrants will not adversely affect the
                            working conditions of other workers employed in
                            similar positions.
                                ``(vi) The employer has carried out the
                            recruiting activities required by paragraph
                            (2)(B).
                                ``(vii) There is no qualified United States
                            worker who has applied for the position and who
                            is ready, willing, and able to fill such
                            position pursuant to the requirements in
                            subparagraphs (B) and (C) of paragraph (2).
                                ``(viii) There is not a strike, lockout, or
                            work stoppage in the course of a labor dispute
                            in the occupation at the place of employment at
                            which the W nonimmigrant will be employed. If
                            such strike, lockout, or work stoppage occurs
                            following submission of the application, the
                            employer will provide notification in
                            accordance with all applicable regulations.
                                ``(ix)(I) The employer has not laid off and
                            will not layoff a United States worker during
                            the period beginning 90 days prior to and
                            ending 90 days after the date the employer
                            files an application for designation of a
                            position for which the W nonimmigrant is sought
                            or hires such W nonimmigrant, unless the
                            employer has notified such United States worker
                            of the position and documented the legitimate
                            reasons that such United States worker is not
                            qualified or available for the position.
                                ``(II) A United States worker is not laid
                            off for purposes of this subparagraph if, at
                            the time such worker's employment is
                            terminated, such worker is not employed in the
                            same occupation and in the same metropolitan
                            statistical area where the registered position
                            referred to in subclause (I) is located.
                        ``(C) Best information available.--In subparagraph
                    (B)(iv)(II), the term `best information available',
                    with respect to determining the prevailing wage for a
                    position, means--
                                ``(i) a controlling collective bargaining
                            agreement or Federal contract wage, if
                            applicable;
                                ``(ii) if there is no applicable wage under
                            clause (i), the wage level commensurate with
                            the experience, training, and supervision
                            required for the job based on Bureau of Labor
                            Statistics data; or
                                ``(iii) if the data referred to in clause
                            (ii) is not available, a legitimate and recent
                            private survey of the wages paid for such
                            positions in the metropolitan statistical area.
                        ``(D) Permit.--The Secretary shall provide each
                    registered employer whose application submitted under
                    subparagraph (A) is approved with a permit that
                    includes the number and description of such employer's
                    approved registered positions.
                        ``(E) Term of registration.--The approval of a
                    registered position under subparagraph (A) is for a
                    term that begins on the date of such approval and ends
                    on the earlier of--
                                ``(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.
                ``(2) Requirements.--
                        ``(A) Eligible occupation.--Each registered
                    position shall be for a position in an eligible
                    occupation as described in paragraph (3).
                        ``(B) Recruitment of united states workers.--
                                ``(i) Requirements.--A position may not be
                            a registered position unless the registered
                            employer--
                                        ``(I) advertises the position for a
                                    period of 30 days, including the wage
                                    range, location, and proposed start
                                    date--
                                                ``(aa) on the Internet
                                            website maintained by the
                                            Secretary of Labor for the
                                            purpose of such advertising;
                                            and
                                                ``(bb) with the workforce
                                            agency of the State where the
                                            position will be located; and
                                        ``(II) carries out not less than 3
                                    of the recruiting activities described
                                    in subparagraph (C).
                                ``(ii) Duration of advertising.--The 30 day
                            periods required by item (aa) of (bb) of clause
                            (i)(I) may occur at the same time.
                        ``(C) Recruiting activities.--The recruiting
                    activities described in this subparagraph, with respect
                    to a position for which the employer is seeking a W
                    nonimmigrant, shall consist of any combination of the
                    following as defined by the Secretary of Homeland
                    Security:
                                ``(i) Advertising such position at job
                            fairs.
                                ``(ii) Advertising such position on the
                            employer's external website.
                                ``(iii) Advertising such position on job
                            search Internet websites.
                                ``(iv) Advertising such position using
                            presentations or postings at vocational, career
                            technical schools, community colleges, high
                            schools, or other educational or training
                            sites.
                                ``(v) Posting such position with trade
                            associations.
                                ``(vi) Utilizing a search firm to seek
                            applicants for such position.
                                ``(vii) Advertising such position through
                            recruitment programs with placement offices at
                            vocational schools, career technical schools,
                            community colleges, high schools, or other
                            educational or training sites.
                                ``(viii) Advertising such position through
                            advertising or postings with local libraries,
                            journals, or newspapers.
                                ``(ix) Seeking a candidate for such
                            position through an employee referral program
                            with incentives.
                                ``(x) Advertising such position through
                            advertising on radio or television.
                                ``(xi) Advertising such position through
                            advertising, postings, or presentations with
                            newspapers, Internet websites, job fairs, or
                            community events targeted to constituencies
                            designed to increase employee diversity.
                                ``(xii) Advertising such position through
                            career day presentations at local high schools
                            or community organizations.
                                ``(xiii) Providing in-house training.
                                ``(xiv) Providing third-party training.
                                ``(xv) Advertising such position through
                            recruitment, educational, or other cooperative
                            programs offered by the employer and a local
                            economic development authority.
                                ``(xvi) Advertising such position twice in
                            the Sunday ads in the primary daily circulation
                            newspaper in the area.
                                ``(xvii) Any other recruitment activities
                            determined to be appropriate to be added by the
                            Commissioner.
                ``(3) Eligible occupation.--
                        ``(A) In 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).
                        ``(B) Excluded occupations.--
                                ``(i) Occupations requiring college
                            degrees.--An occupation that is listed in the
                            Occupational Outlook Handbook published by the
                            Bureau of Labor Statistics (or similar
                            successor publication) that is classified as
                            requiring an individual with a bachelor's
                            degree or higher level of education may not be
                            an eligible occupation.
                                ``(ii) Computer occupations.--An occupation
                            in the field of computer operation, computer
                            programming, or computer repair may not be an
                            eligible occupation.
                        ``(C) Publication.--The Secretary of Labor shall
                    publish the eligible occupations, designated as zone 1
                    occupations, zone 2 occupations, or zone 3 occupations,
                    on an on-going basis on a publicly available website.
                ``(4) Filling of vacancies.--If a W nonimmigrant terminates
            employment in a registered position or is terminated from such
            employment by the registered employer, such employer may fill
            that vacancy by hiring--
                        ``(A) a certified alien;
                        ``(B) a W nonimmigrant;
                        ``(C) a United States worker; or
                        ``(D) an alien who is the beneficiary of a petition
                    for a visa described in section 203(b)(3).
                ``(5) Period of approval.--
                        ``(A) In general.--Except as provided in
                    subparagraph (B), a registered position shall be
                    approved by the Secretary for a period of 3 years.
                        ``(B) Intending immigrants.--
                                ``(i) Extension of period.--A registered
                            position shall continue to be a registered
                            position at the end of the 3-year period
                            referred to in subparagraph (A) if the W
                            nonimmigrant hired for such position is the
                            beneficiary of a petition for immigrant status
                            filed by the registered employer pursuant to
                            this Act.
                                ``(ii) Termination of period.--The term of
                            a registration position extended under clause
                            (i) shall terminate on the date that is the
                            earlier of--
                                        ``(I) the date the petition
                                    referred to in clause (i) for a W
                                    nonimmigrant is approved or denied by
                                    the Secretary; or
                                        ``(II) the date of the termination
                                    of such W nonimmigrant's employment
                                    with the registered employer.
                ``(6) Fees.--
                        ``(A) Registration fee.--
                                ``(i) In general.--At the time a registered
                            position is approved for a registered employer,
                            such employer shall pay a registration fee in
                            an amount determined by the Secretary.
                                ``(ii) Use of fee.--A fee collected under
                            clause (i) shall be used to fund any aspect of
                            the operation of the W visa program.
                        ``(B) Additional fee.--
                                ``(i) In general.--In addition to the fee
                            required by subparagraph (A), a registered
                            employer shall pay an additional fee for each
                            approved registered position as follows:
                                        ``(I) A fee of $1,750 for the
                                    registered position if the registered
                                    employer is a small business and more
                                    than 50 percent and less than 75
                                    percent of the employees of the
                                    registered employees are not United
                                    States workers.
                                        ``(II) A fee of $3,500 for the
                                    registered position if the registered
                                    employer is a small business and more
                                    than 75 percent of the employees of the
                                    registered employees are not United
                                    States workers.
                                        ``(III) A fee of $3,500 for the
                                    registered position if the registered
                                    employer is not a small business and
                                    more than 15 percent and less than 30
                                    percent of the employees of the
                                    registered employees are not United
                                    States workers.
                                ``(ii) Use of fee.--A fee collected under
                            clause (i) shall be used to fund the operations
                            of the Bureau.
                        ``(C) Prohibition on other fees.--A registered
                    employer may not be required to pay an additional fee
                    under subparagraph (B) if the registered employer is a
                    small business.
                ``(7) Prohibition on registered positions for certain
            employers.--The Secretary may not approve an application for a
            registered position for an employer if the employer is not a
            small business and 30 percent or more of the employees of the
            employer are not United States workers.
        ``(f) Excluded Geographic Location.--No W nonimmigrant may be hired
    by a registered employer for an eligible occupation located in a
    metropolitan statistical area that has an unemployment rate that is
    more than 8 \1/2\ percent as reported in the most recent month
    preceding the date that the application is submitted to the Secretary
    unless--
                ``(1) the Commissioner has identified the eligible
            occupation as a shortage occupation; or
                ``(2) the Secretary approves the registered position under
            subsection (g)(4).
        ``(g) Numerical Limitation.--
                ``(1) Registered positions.--
                        ``(A) In general.--Subject to paragraphs (3) and
                    (4), the maximum number of registered positions that
                    may be approved by the Secretary for a year is as
                    follows:
                                ``(i) For the first year aliens are
                            admitted as W nonimmigrants, 20,000.
                                ``(ii) For the second such year, 35,000.
                                ``(iii) For the third such year, 55,000.
                                ``(iv) For the fourth such year, 75,000.
                                ``(v) For each year after the fourth such
                            year, the level calculated for that year under
                            paragraph (2).
                        ``(B) Dates.--The first year referred to in
                    subparagraph (A)(i) shall begin on April 1, 2015 and
                    end on March 31, 2016, unless the Secretary determines
                    that such first year shall begin on October 1, 2015 and
                    end on September 30, 2016.
                ``(2) Years after year 4.--
                        ``(A) Current year and preceding year.--In this
                    paragraph--
                                ``(i) the term `current year' shall refer
                            to the 12-month period for which the
                            calculation of the numerical limits under this
                            paragraph is being performed; and
                                ``(ii) the term `preceding year' shall
                            refer to the 12-month period immediately
                            preceding the current year.
                        ``(B) Numerical limitation.--Subject to
                    subparagraph (D), the number of registered positions
                    that may be approved by the Secretary for a year after
                    the fourth year referred to in paragraph (1)(A)(iv)
                    shall be equal to the sum of--
                                ``(i) the number of such registered
                            positions available under this paragraph for
                            the preceding year; and
                                ``(ii) the product of--
                                        ``(I) the number of such registered
                                    positions available under this
                                    paragraph for the preceding year;
                                    multiplied by
                                        ``(II) the index for the current
                                    year calculated under subparagraph (C).
                        ``(C) Index.--The index calculated under this
                    subparagraph for a current year equals 1 plus the sum
                    of--
                                ``(i) one-fifth of a fraction--
                                        ``(I) the numerator of which is the
                                    number of registered positions that
                                    registered employers applied to have
                                    approved under subsection (e)(1) for
                                    the preceding year minus the number of
                                    registered positions approved under
                                    subsection (e) for the preceding year;
                                    and
                                        ``(II) the denominator of which is
                                    the number of registered positions
                                    approved under subsection (e) for the
                                    preceding year;
                                ``(ii) one-fifth of a fraction--
                                        ``(I) the numerator of which is the
                                    number of registered positions the
                                    Commissioner recommends be available
                                    under this subparagraph for the current
                                    year minus the number of registered
                                    positions available under this
                                    subsection for the preceding year; and
                                        ``(II) the denominator of which is
                                    the number of registered positions
                                    available under this subsection for the
                                    preceding year;
                                ``(iii) three-tenths of a fraction--
                                        ``(I) the numerator of which is the
                                    number of unemployed United States
                                    workers for the preceding year minus
                                    the number of unemployed United States
                                    workers for the current year; and
                                        ``(II) the denominator of which is
                                    the number of unemployed United States
                                    workers for the preceding year; and
                                ``(iv) three-tenths of a fraction--
                                        ``(I) the numerator of which is the
                                    number of job openings as set out in
                                    the Job Openings and Labor Turnover
                                    Survey of the Bureau of Labor
                                    Statistics for the current year minus
                                    such number of job openings for the
                                    preceding year; and
                                        ``(II) the denominator of which is
                                    the number of such job openings for the
                                    preceding year;
                        ``(D) Minimum and maximum levels.--The number of
                    registered positions calculated under subparagraph (B)
                    for a 12-month period may not be less than 20,000 or
                    more than 200,000.
                ``(3) Additional registered positions for shortage
            occupations.--In addition to the number of registered positions
            made available for a year under paragraph (1), the Secretary
            shall make available for a year an additional number of
            registered positions for shortage occupations in a particular
            metropolitan statistical area.
                ``(4) Special allocations of registered positions.--
                        ``(A) Authority to make available.--In addition to
                    the number of registered positions made available for a
                    year under paragraph (1) or (3), the Secretary shall
                    make additional registered positions available for the
                    year for a specific registered employer if--
                                ``(i)(I) the maximum number of registered
                            positions available under paragraph (1) have
                            been approved for the year and none remain
                            available for allocation; or
                                ``(II) such registered employer is located
                            in a metropolitan statistical area that has an
                            unemployment rate that is more than 8 \1/2\
                            percent as reported in the most recent month
                            preceding the date that the application is
                            submitted to the Secretary; and
                                ``(ii) such registered employer has carried
                            out not less than 7 of the recruiting
                            activities described in subsection (e)(2)(C)
                            and posts the position, including the wage
                            range, location, and initial date of
                            employment, for not less than 30 days--
                                        ``(I) on the Internet website
                                    maintained by the Secretary of Labor
                                    for the purpose of such advertising;
                                    and
                                        ``(II) with the workforce agency of
                                    the State where the position will be
                                    located.
                        ``(B) Duration of posting.--The 30 day periods
                    required by subclauses (I) or (II) of subparagraph
                    (A)(iii) may occur at the same time.
                        ``(C) Wages.--A W nonimmigrant hired to perform an
                    eligible occupation pursuant to a registered position
                    made available under this paragraph may not be paid
                    less than the greater of--
                                ``(i) the level 4 wage set out in the
                            Foreign Labor Certification Data Center Online
                            Wage Library (or similar successor website)
                            maintained by the Secretary of Labor for such
                            occupation in that metropolitan statistical
                            area; or
                                ``(ii) the mean of the highest two-thirds
                            of wages surveyed for such occupation in that
                            metropolitan statistical area.
                        ``(D) Reduction of future registered positions.--
                    Each registered position made available for a year
                    under this paragraph shall reduce by 1 the number of
                    registered positions made available under paragraph
                    (g)(1) for the following year or the earliest possible
                    year for which a registered position is available. The
                    limitation contained in paragraph (h)(4) shall not be
                    reduced by any registered position made available under
                    this paragraph.
                ``(5) Other consideration.--In no event shall the number of
            visas issued under section 101(a)(15)(W)(i) exceed the number
            of registered positions in existence.
        ``(h) Allocation of Registered Positions.--
                ``(1) In general.--
                        ``(A) First 6-month period.--The number of
                    registered positions available for the 6-month period
                    beginning on the first day of a year is 50 percent of
                    the maximum number of registered positions available
                    for such year under subsection (g)(1). Such registered
                    positions shall be allocated as described in this
                    subsection.
                        ``(B) Second 6-month period.--The number of
                    registered positions available for the 6-month period
                    ending on the last day of a year is the maximum number
                    of registered positions available for such year under
                    subsection (g)(1) minus the number of registered
                    positions approved during the 6-month period referred
                    to in subsection (A). Such registered positions shall
                    be allocated as described in this subsection.
                ``(2) Shortage occupations.--
                        ``(A) In general.--For the first month of each 6-
                    month period referred to in subparagraph (A) or (B) of
                    paragraph (1) a registered position may not be created
                    in an occupation that is not a shortage occupation.
                        ``(B) Initial designations.--Subparagraph (A) shall
                    not apply in any period for which the Commissioner has
                    not designated any shortage occupations.
                ``(3) Small businesses.--During the second, third, and
            fourth months of each 6-month period referred to in
            subparagraph (A) or (B) of paragraph (1), one-third of the
            number of registered positions allocated for such period shall
            be approved only for a registered employer that is a small
            business. Any such registered positions not approved for such
            small businesses during such months shall be available for any
            registered employer during the last 2 months of each such 6-
            month period.
                ``(4) Meat, poultry, and fish cutters and trimmers.--In
            addition to the number of registered positions made available
            for a year under paragraph (1) or (3) of such section (g), the
            Secretary shall make additional registered positions available
            for the year for occupations designated by the Secretary of
            Labor as Meat, Poultry, and Fish Cutters and Trimmers. The
            numerical limitation for such additional registered positions
            shall be no more than 10 percent of the annual numerical
            limitation provided for in such paragraph (1).
                ``(5) Limitation for construction occupations.--
                        ``(A) In general.--Subject to subparagraph (B), not
                    more than 33 percent of the registered positions made
                    available under subsection (g)(1) for a year may be
                    granted to perform work in a construction occupation.
                        ``(B) Maximum level.--Notwithstanding subparagraph
                    (A), the number of registered positions granted to
                    perform work in a construction occupation under
                    subsection (g)(1) may not exceed 15,000 for a year and
                    7,500 for any 6-month period.
                        ``(C) Prohibition for occupations with high
                    unemployment.--
                                ``(i) In general.--A registered employer
                            may not hire a certified alien for a registered
                            position to perform work in a construction
                            occupation if the unemployment rate for
                            construction occupations in the corresponding
                            occupational job zone in that metropolitan
                            statistical area was more than 8\1/2\ percent.
                                ``(ii) Determination of unemployment
                            rate.--The unemployment rate used in clause (i)
                            shall be determined--
                                        ``(I) using the most recent survey
                                    taken by the Bureau; or
                                        ``(II) if a survey referred to in
                                    subclause (I) is not available, a
                                    recent and legitimate private survey.
        ``(i) Portability.--A W nonimmigrant who is admitted to the United
    States for employment by a registered employer may--
                ``(1) terminate such employment for any reason; and
                ``(2) seek and accept employment with another registered
            employer in any other registered position within the terms and
            conditions of the W nonimmigrants visa.
        ``(j) Promotion.--A registered employer who has applied for a
    registered position in a shortage occupation may promote the W
    nonimmigrant hired for that registered position to a registered
    position in an occupation that is not a shortage occupation if the W
    nonimmigrant has been employed with that employer for a period of not
    less than 12 months. Such a promotion shall not increase the total
    number of registered positions available to that employer.
        ``(k) Prohibition on Outplacement.--A registered employer may not
    place, outsource, lease, or otherwise contract for the services or
    placement of a W nonimmigrant employee with another employer if more
    than 15 percent of the employees of the registered employer are W
    nonimmigrants.
        ``(l) W Nonimmigrant Protections.--
                ``(1) Applicability of laws.--A W nonimmigrant shall not be
            denied any right or any remedy under Federal, State, or local
            labor or employment law that would be applicable to a United
            States worker employed in a similar position with the employer
            because of the alien's status as a nonimmigrant worker.
                ``(2) Waiver of rights prohibited.--
                        ``(A) In general.--A W nonimmigrant may not be
                    required to waive any substantive rights or protections
                    under this Act.
                        ``(B) Construction.--Nothing under this paragraph
                    may be construed to affect the interpretation of any
                    other law.
                ``(3) Prohibition on treatment as independent
            contractors.--
                        ``(A) In general.--Notwithstanding any other
                    provision of law--
                                ``(i) a W nonimmigrant is prohibited from
                            being treated as an independent contractor
                            under any Federal or State law; and
                                ``(ii) no person, including an employer or
                            labor contractor and any persons who are
                            affiliated with or contract with an employer or
                            labor contractor, may treat a W nonimmigrant as
                            an independent contractor.
                        ``(B) Construction.--Subparagraph (A) may not be
                    construed to prevent registered employers who operate
                    as independent contractors from employing W
                    nonimmigrants.
                ``(4) Payment of fees.--
                        ``(A) In general.--A fee related to the hiring of a
                    W nonimmigrant required to be paid by an employer under
                    this Act shall be paid by the employer and may not be
                    deducted from the wages or other compensation paid to a
                    W nonimmigrant.
                        ``(B) Excluded costs.--The cost of round trip
                    transportation from a certified alien's home to the
                    location of a registered position and the cost of
                    obtaining a foreign passport are not fees required to
                    be paid by the employer.
                ``(5) Tax responsibilities.--An employer shall comply with
            all applicable Federal, State, and local tax laws with respect
            to each W nonimmigrant employed by the employer.
                ``(6) Whistleblower protection.--
                        ``(A) Prohibited activities.--It shall be unlawful
                    for an employer of a W nonimmigrant to intimidate,
                    threaten, restrain, coerce, retaliate, discharge, or in
                    any other manner, discriminate against an employee or
                    former employee because the employee or former
                    employee--
                                ``(i) discloses information to the employer
                            or any other person that the employee or former
                            employee reasonably believes demonstrates a
                            violation of this section; or
                                ``(ii) cooperates or seeks to cooperate in
                            an investigation or other proceeding concerning
                            compliance with the requirements of this
                            section.
        ``(m) Complaint Process.--The Secretary shall establish a process
    for the receipt, investigation, and disposition of complaints with
    respect to--
                ``(1) the failure of a registered employer to meet a
            condition of this section; or
                ``(2) the lay off or non-hiring of a United States worker
            as required by this section.
        ``(n) Enforcement.--
                ``(1) In general.--The Secretary shall promulgate
            regulations for the receipt, investigation, and disposition of
            complaints by an aggrieved W nonimmigrant respecting a
            violation of this section.
                ``(2) Filing deadline.--No investigation or hearing shall
            be conducted on a complaint concerning a violation under this
            section unless the complaint was filed not later than 6 months
            after the date of such violation.
                ``(3) Reasonable basis.--The Secretary shall conduct an
            investigation under this subsection if there is reasonable
            basis to believe that a violation of this section has occurred.
            The process established under this subsection shall provide
            that, not later than 30 days after a complaint is filed, the
            Secretary shall determine if there is reasonable cause to find
            such a violation.
                ``(4) Notice and hearing.--
                        ``(A) In general.--Not later than 60 days after the
                    Secretary makes a determination of reasonable basis
                    under paragraph (3), the Secretary shall issue a notice
                    to the interested parties and offer an opportunity for
                    a hearing on the complaint, in accordance with section
                    556 of title 5, United States Code.
                        ``(B) Hearing deadline.--Not later than 60 days
                    after the date of a hearing under this paragraph, the
                    Secretary shall make a finding on the matter.
                ``(5) Attorney's fees.--
                        ``(A) Award.--A complainant who prevails in an
                    action under this subsection with respect to a claim
                    related to wages or compensation for employment, or a
                    claim for a violation of subsection (l) or (m), shall
                    be entitled to an award of reasonable attorney's fees
                    and costs.
                        ``(B) Frivolous complaints.--A complainant who
                    files a frivolous complaint for an improper purpose
                    under this subsection shall be liable for the
                    reasonable attorney's fees and costs of the person
                    named in the complaint.
                ``(6) Power of the secretary.--The Secretary may bring an
            action in any court of competent jurisdiction--
                        ``(A) to seek remedial action, including injunctive
                    relief;
                        ``(B) to recover the damages described in this
                    subsection and subsection (o); or
                        ``(C) to ensure compliance with terms and
                    conditions described in subsection (l)(6).
                ``(7) Procedures in addition to other rights of
            employees.--The rights and remedies provided to W nonimmigrants
            under this section are in addition to any other contractual or
            statutory rights and remedies of the workers, and are not
            intended to alter or affect such rights and remedies.
        ``(o) Penalties.--
                ``(1) In general.--If, after notice and an opportunity for
            a hearing, the Secretary finds a violation of this section, the
            Secretary may impose administrative remedies and penalties,
            including--
                        ``(A) back wages;
                        ``(B) benefits; and
                        ``(C) civil monetary penalties.
                ``(2) Civil penalties.--The Secretary may impose, as a
            civil penalty--
                        ``(A) for a violation of this subsection--
                                ``(i) a fine in an amount not more than
                            $2,000 per violation per affected worker and
                            $4,000 per violation per affected worker for
                            each subsequent violation;
                                ``(ii) if the violation was willful, a fine
                            in an amount not more than $5,000 per violation
                            per affected worker;
                                ``(iii) if the violation was willful and if
                            in the course of such violation a United States
                            worker was harmed, a fine in an amount not more
                            than $25,000 per violation per affected worker;
                            or
                        ``(B) for knowingly failing to materially comply
                    with the terms of representations made in petitions,
                    applications, certifications, or attestations under
                    this section--
                                ``(i) a fine in an amount not more than
                            $4,000 per aggrieved worker; and
                                ``(ii) upon the occasion of a third offense
                            of failure to comply with representations, a
                            fine in an amount not to exceed $5,000 per
                            affected worker and designation as an
                            ineligible employer, recruiter, or broker for
                            purposes of any immigrant or nonimmigrant
                            program.
                ``(3) Criminal penalty.--Any person who misrepresents the
            number of full-time equivalent employees of an employer or the
            number of employees of a person who are United States workers
            for the purpose of reducing a fee under subsection (e)(6) or
            avoiding the limitation in subsection (e)(7), shall be fined in
            accordance with title 18, United States Code, in an amount up
            to $25,000 or imprisoned not more than 1 year, or both.
        ``(p) Monitoring.--
                ``(1) Requirement to monitor.--The Secretary shall monitor
            the movement of W nonimmigrants in registered positions
            through--
                        ``(A) the Employment Verification System described
                    in section 274A(d); and
                        ``(B) the electronic monitoring system described in
                    paragraph (2).
                ``(2) Electronic monitoring system.--The Secretary, through
            U.S. Citizenship and Immigration Services, shall implement an
            electronic monitoring system to monitor presence and employment
            of W nonimmigrants. Such system shall be modeled on the Student
            and Exchange Visitor Information System (SEVIS) and SEVIS II
            tracking system of U.S. Immigration and Customs Enforcement.''.
                (2) Table of contents amendment.--The table of contents in
            the first section (8 U.S.C. 1101 et seq.) is amended by adding
            after the item relating to section 219 the following:

    ``Sec. 220. Admission of W nonimmigrant workers.''.
        (b) Intention to Abandon Foreign Residence.--Section 214(h) (8
    U.S.C. 1184(h)) is amended by striking ``or (V)'' and inserting ``(V),
    or (W)''.

      Subtitle H--Investing in New Venture, Entrepreneurial Startups, and
                                  Technologies

    SEC. 4801. NONIMMIGRANT INVEST VISAS.

        (a) INVEST Nonimmigrant Category.--Section 101(a)(15) (8 U.S.C.
    1101(a)(15)), as amended by sections 2231, 4504, and 4702, is further
    amended by inserting after the material added by section 2231, the
    following:
                        ``(X) subject to the definitions in section
                    203(b)(6), is a qualified entrepreneur who has
                    demonstrated, during the 3-year period ending on the
                    date on which the alien filed an initial petition for
                    nonimmigrant status described in this clause that--
                                ``(i) a qualified venture capitalist, a
                            qualified super angel investor, a qualified
                            government entity, a qualified community
                            development financial institution, or such
                            other entity or set of investors, as determined
                            by the Secretary, has devoted a qualified
                            investment of not less than $100,000 to the
                            alien's United States business entity; or
                                ``(ii) the alien's United States business
                            entity has created no fewer than 3 qualified
                            jobs and during the 2-year period ending on
                            such date has generated not less than $250,000
                            in annual revenue in the United States.''.
        (b) Admission of INVEST Nonimmigrants.--Section 214 (8 U.S.C. 1184)
    is amended by adding at the end the following:
        ``(s) INVEST Nonimmigrant Visas.--
                ``(1) Definitions.--The definitions in section 203(b)(6)(A)
            apply in this subsection.
                ``(2) Initial period of authorized admission.--The period
            of authorized status as a nonimmigrant described in section
            101(a)(15)(X) shall be for an initial 3-year period.
                ``(3) Renewal of admission.--Subject to paragraph (4), the
            initial period of authorized nonimmigrant status described in
            paragraph (2) may be renewed for additional 3-year periods if
            during the most recent 3-year period that the alien was granted
            such status--
                        ``(A) the alien's United States business entity has
                    created no fewer than 3 qualified jobs and a qualified
                    venture capitalist, a qualified super angel investor, a
                    qualified government entity, a qualified community
                    development financial institution, or such other entity
                    or set of investors as determined by the Secretary, has
                    devoted a qualified investment of not less than
                    $250,000 to the alien's United States business entity;
                    or
                        ``(B) the alien's United States business entity has
                    created no fewer than 3 qualified jobs and, during the
                    2 year period ending on the date that the alien
                    petitioned for an extension, has generated not less
                    than $200,000 in annual revenue within the United
                    States.
                ``(4) Waiver of renewal requirements.--The Secretary may
            renew an alien's status as a nonimmigrant described in section
            101(a)(15)(X) for up to two 1-year periods if the alien--
                        ``(A) does not meet the criteria of paragraph (3);
                    and
                        ``(B) meets the criteria established by the
                    Secretary, in consultation with the Secretary of
                    Commerce, for approving renewals under this subclause
                    which shall include finding that--
                                ``(i) the alien has made substantial
                            progress in meeting such criteria; and
                                ``(ii) such renewal that is economically
                            beneficial to the United States.
                ``(5) Attestation.--The Secretary may require an alien
            seeking status under section 101(a)(15)(X) to attest, under
            penalties of perjury, to the alien's qualifications.''.

    SEC. 4802. INVEST IMMIGRANT VISA.

        (a) Establishment of INVEST Nonimmigrant Visa.--Section 203(b) (8
    U.S.C. 1153(b)) is amended--
                (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 development
                            financial institution.--The term `qualified
                            community development financial institution' is
                            defined as provided under section 1805.201
                            45D(c) of title 12, Code of Federal
                            Regulations, or any similar successor
                            regulations.
                                ``(ii) Qualified entrepreneur.--The term
                            `qualified entrepreneur' means an individual
                            who--
                                        ``(I) has a significant ownership
                                    interest, which need not constitute a
                                    majority interest, in a United States
                                    business entity;
                                        ``(II) is employed in a senior
                                    executive position of such United
                                    States business entity;
                                        ``(III) submits a business plan to
                                    U.S. Citizenship and Immigration
                                    Services; and
                                        ``(IV) had a substantial role in
                                    the founding or early-stage growth and
                                    development of such United States
                                    business entity.
                                ``(iii) Qualified government entity.--The
                            term `qualified government entity' means an
                            agency or instrumentality of the United States
                            or of a State, local, or tribal government.
                                ``(iv) Qualified investment.--The term
                            `qualified investment'--
                                        ``(I) means an investment in a
                                    qualified entrepreneur's United States
                                    business entity that is--
                                                ``(aa) an equity purchase;
                                                ``(bb) a secured loan;
                                                ``(cc) a convertible debt
                                            note;
                                                ``(dd) a public securities
                                            offering;
                                                ``(ee) a research and
                                            development award from a
                                            qualified government entity;
                                                ``(ff) other investment
                                            determined appropriate by the
                                            Secretary; or
                                                ``(gg) a combination of the
                                            investments described in items
                                            (aa) through (ff); and
                                        ``(II) may not include an
                                    investment from such qualified
                                    entrepreneur, the parents, spouse, son
                                    or daughter of such qualified
                                    entrepreneur, or from any corporation,
                                    company, association, firm,
                                    partnership, society, or joint stock
                                    company over which such qualified
                                    entrepreneur has a substantial
                                    ownership interest.
                                ``(v) Qualified job.--The term `qualified
                            job' means a full-time position of United
                            States business entity owned by a qualified
                            entrepreneur that--
                                        ``(I) is located in the United
                                    States;
                                        ``(II) has been filled by an
                                    individual who is not the qualified
                                    entrepreneur or the spouse, son, or
                                    daughter of the qualified entrepreneur
                                    for at least 2 years; and
                                        ``(III) pays a wage that is not
                                    less than 250 percent of the Federal
                                    minimum wage.
                                ``(vi) Qualified super angel investor.--The
                            term `qualified super angel investor' means an
                            individual or organized group of individuals
                            investing directly or through a legal entity--
                                        ``(I) each of whom is an accredited
                                    investor, as defined in section
                                    230.501(a) of title 17, Code of Federal
                                    Regulations, or any similar successor
                                    regulation, investing the funds owned
                                    by such individual or organized group
                                    in a qualified entrepreneur's United
                                    States business entity;
                                        ``(II)(aa) if an individual, is a
                                    citizen of the United States or an
                                    alien lawfully admitted for permanent
                                    residence; or
                                        ``(bb) if an organized group or
                                    legal entity, a majority of the
                                    individuals investing through such
                                    group or entity are citizens of the
                                    United States or aliens lawfully
                                    admitted for permanent residence; and
                                        ``(III) each of whom in the
                                    previous 3 years has made qualified
                                    investments in a total amount
                                    determined to be appropriate by the
                                    Secretary, that is not less than
                                    $50,000, in United States business
                                    entities which are less than 5 years
                                    old.
                                ``(vii) Qualified venture capitalist.--The
                            term `qualified venture capitalist' means an
                            entity--
                                        ``(I) that--
                                                ``(aa) is a venture capital
                                            operating company, as defined
                                            in section 2510.3-110(d) of
                                            title 29, Code of Federal
                                            Regulations (or any successor
                                            thereto); or
                                                ``(bb) has management
                                            rights, as defined in, and to
                                            the extent required by, such
                                            section 2510.3-110 (d) (or
                                            successor thereto), in its
                                            portfolio companies;
                                        ``(II) that has capital commitments
                                    of not less than $10,000,000; and
                                        ``(III) the investment adviser, as
                                    defined in section 202 of the
                                    Investment Advisers Act of 1940 (15
                                    U.S.C. 80b-2), for which--
                                                ``(aa) has its primary
                                            office location in the United
                                            States;
                                                ``(bb) is owned, directly
                                            or indirectly, by individuals,
                                            the majority of whom are
                                            citizens of the United States
                                            or aliens lawfully admitted for
                                            permanent residence in the
                                            United States;
                                                ``(cc) has been advising
                                            such entity or other similar
                                            funds or entities for at least
                                            2 years; and
                                                ``(dd) has made, on behalf
                                            of such entity or a similar
                                            fund or entity, at least 2
                                            investments of not less than
                                            $500,000 during each of the
                                            most recent 2 years.
                                ``(viii) Secretary.--Except as otherwise
                            specifically provided, the term `Secretary'
                            means the Secretary of Homeland Security.
                                ``(ix) Senior executive position.--The term
                            `senior executive position' includes the
                            position of chief executive officer, chief
                            technology officer, and chief operating
                            officer.
                                ``(x) United states business entity.--The
                            term `business entity' means any corporation,
                            company, association, firm, partnership,
                            society, or joint stock company that is
                            organized under the laws of the United States
                            or any State and that conducts business in the
                            United States that is not--
                                        ``(I) a private fund, as defined in
                                    202(a) of the Investment Advisers Act
                                    of 1940 (15 U.S.C. 80b-2);
                                        ``(II) a commodity pool, as defined
                                    in section 1a of the Commodity Exchange
                                    Act (7 U.S.C. 1a);
                                        ``(III) an investment company, as
                                    defined in section 3 of the Investment
                                    Company Act of 1940 (15 U.S.C. 80a-3);
                                    or
                                        ``(IV) an issuer that would be an
                                    investment company but for an exemption
                                    provided in--
                                                ``(aa) section 3(c) of the
                                            Investment Company Act of 1940
                                            (15 U.S.C. 80a-3(c); or
                                                ``(bb) section 270.3a-7 of
                                            title 17 of the Code of Federal
                                            Regulations or any similar
                                            successor regulation.
                        ``(B) In general.--Visas shall be available, in a
                    number not to exceed 10,000 for each fiscal year, to
                    qualified immigrants seeking to enter the United States
                    for the purpose of creating new businesses, as
                    described in this paragraph.
                        ``(C) Eligibility.--An alien is eligible for a visa
                    under this paragraph if--
                                ``(i)(I) the alien is a qualified
                            entrepreneur;
                                ``(II) the alien maintained valid
                            nonimmigrant status in the United States for at
                            least 2 years;
                                ``(III) during the 3-year period ending on
                            the date the alien files an initial petition
                            for such status under this section--
                                        ``(aa)(AA) the alien has a
                                    significant ownership in a United
                                    States business entity that has created
                                    no fewer than 5 qualified jobs; and
                                        ``(BB) a qualified venture
                                    capitalist, a qualified super angel
                                    investor, a qualified government
                                    entity, a qualified community
                                    development financial institution, or
                                    such other entity or set of investors,
                                    as determined by the Secretary, has
                                    devoted a qualified investment of not
                                    less than $500,000 to the alien's
                                    United States business entity; or
                                        ``(bb)(AA) the alien has a
                                    significant ownership interest in a
                                    United States business entity that has
                                    created no fewer than 5 qualified jobs;
                                    and
                                        ``(BB) during the 2-year period
                                    ending on such date has generated not
                                    less than $750,000 in annual revenue
                                    within the United States; and
                                ``(IV) no more than 2 other aliens have
                            received nonimmigrant status under this section
                            on the basis of an alien's ownership of such
                            business entity;
                                ``(ii)(I) the alien is a qualified
                            entrepreneur;
                                ``(II) the alien maintained valid
                            nonimmigrant status in the United States for at
                            least 3 years prior to the date of filing an
                            application for such status;
                                ``(III) the alien holds an advanced degree
                            in a field of science, technology, engineering,
                            and mathematics, approved by the Secretary; and
                                ``(IV) during the 3-year period ending on
                            the date the alien files an initial petition
                            for such status under this section--
                                        ``(aa)(AA) the alien has a
                                    significant ownership interest in a
                                    United States business entity that has
                                    created no fewer than 4 qualified jobs;
                                    and
                                        ``(BB) a qualified venture
                                    capitalist, a qualified super angel
                                    investor, a qualified government
                                    entity, a qualified community
                                    development financial institution, or
                                    such other entity or set of investors,
                                    as determined by the Secretary, has
                                    devoted a qualified investment of not
                                    less than $500,000 to the alien's
                                    United States business entity; or
                                        ``(bb)(AA) the alien has a
                                    significant ownership interest in a
                                    United States business entity that has
                                    created no fewer than 3 qualified jobs;
                                    and
                                        ``(BB) during the 2-year period
                                    ending on such date has generated not
                                    less than $500,000 in annual revenue
                                    within the United States; and
                                ``(V) no more than 3 other aliens have
                            received nonimmigrant status under this section
                            on the basis of an alien's ownership of such
                            business entity.
                        ``(D) Attestation.--The Secretary may require an
                    alien seeking visa under this paragraph to attest,
                    under penalties of perjury, to the alien's
                    qualifications.''.
        (b) Petition.--Section 204(a)(1)(H) (8 U.S.C. 1154(a)(1)(H)) is
    amended--
                (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''.

    SEC. 4803. ADMINISTRATION AND OVERSIGHT.

        (a) Regulations.--Not later than 16 months after the date of the
    enactment of this Act, the Secretary, in consultation with the
    Secretary of Commerce, the Administrator of the Small Business
    Administration, and other heads of other relevant Federal agencies and
    department, shall promulgate regulations to carry out the amendments
    made by this subtitle. Such regulations shall ensure that such
    amendments are implemented in a manner that is consistent with the
    protection of national security and promotion United States economic
    growth, job creation, and competitiveness.
        (b) Modification of Dollar Amounts.--
                (1) In general.--The Secretary may from time to time
            prescribe regulations increasing or decreasing any dollar
            amount specified in paragraph (6) of section 203(b) of the
            Immigration and Nationality Act, as added by section _2,
            subparagraph (X) of section 101(a)(15) of such Act, as added by
            section 4801, or subsection (s) of section 214, as added by
            4802.
                (2) Automatic adjustment.--Unless a dollar amount referred
            to in paragraph (1) is adjusted by the Secretary under
            paragraph (1), such dollar amounts shall automatically adjust
            on January 1, 2016 by the percentage change in the Consumer
            Price Index (CPI-U) during fiscal year 2015, and on every fifth
            subsequent January 1 by the percentage change in the CPI-U
            during the previous five fiscal years, for any petition filed
            to classify an alien under this paragraph on or after the date
            of each automatic adjustment.
        (c) Other Authority.--The Secretary, in the Secretary's
    unreviewable discretion, may deny or revoke the approval of a petition
    seeking classification of an alien under this paragraph or any other
    petition, application, or benefit based upon the previous or concurrent
    filing or approval of a petition for classification of an alien under
    this paragraph, if the Secretary determines, in the Secretary's sole
    and unreviewable discretion, that the approval or continuation of such
    petition, application, or benefit is contrary to the national interest
    of the United States or for other good cause.
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