[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 744 Printed as Passed (PAP)]
June 27, 2013
Ordered to be printed as passed
113th CONGRESS
1st Session
S. 744
_______________________________________________________________________
AN ACT
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 Funds.
Sec. 7. Reference to the Immigration and Nationality Act.
Sec. 8. Definitions.
Sec. 9. Grant accountability.
TITLE I--BORDER SECURITY AND OTHER PROVISIONS
Subtitle A--Border Security
Sec. 1101. Definitions.
Sec. 1102. Additional U.S. Border Patrol and 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. State Criminal Alien Assistance Program.
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. Ombudsman for Immigration Related Concerns of the Department
of Homeland Security.
Sec. 1115. Protection of family values in apprehension programs.
Sec. 1116. Oversight of power to enter private land and stop vehicles
without a warrant at the Northern border.
Sec. 1117. Reports.
Sec. 1118. Severability and delegation.
Sec. 1119. Prohibition on new land border crossing fees.
Sec. 1120. Human Trafficking Reporting.
Sec. 1121. Rule of construction.
Sec. 1122. Limitations on dangerous deportation practices.
Sec. 1123. Maximum allowable costs of salaries of contractor employees.
Subtitle B--Other Matters
Sec. 1201. Removal of nonimmigrants who overstay their visas.
Sec. 1202. Visa overstay notification pilot program.
Sec. 1203. Preventing unauthorized immigration transiting through
Mexico.
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. Benefits integrity programs.
Sec. 2244. 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. Worldwide 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. Inclusion of communities adversely affected by a
recommendation of the Defense Base Closure
and Realignment Commission as targeted
employment areas.
Sec. 2309. V nonimmigrant visas.
Sec. 2310. Fiancee and fiance child status protection.
Sec. 2311. Equal treatment for all stepchildren.
Sec. 2312. Modification of adoption age requirements.
Sec. 2313. Relief for orphans, widows, and widowers.
Sec. 2314. Discretionary authority with respect to removal,
deportation, or inadmissibility of citizen
and resident immediate family members.
Sec. 2315. Waivers of inadmissibility.
Sec. 2316. Continuous presence.
Sec. 2317. Global health care cooperation.
Sec. 2318. Extension and improvement of the Iraqi special immigrant
visa program.
Sec. 2319. Extension and improvement of the Afghan special immigrant
visa program.
Sec. 2320. Special Immigrant Nonminister Religious Worker Program.
Sec. 2321. Special immigrant status for certain surviving spouses and
children.
Sec. 2322. Reunification of certain families of Filipino veterans of
World War II.
Sec. 2323. Ensuring compliance with restrictions on welfare and public
benefits for aliens.
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.
Sec. 2553. Permissible use of assisted housing by battered immigrants.
Sec. 2554. United States citizenship for internationally adopted
individuals.
Sec. 2555. Treatment of certain persons as having satisfied English and
civics, good moral character, and honorable
service and discharge requirements for
naturalization.
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.
Sec. 3107. Office of the Small Business and Employee Advocate.
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.
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.
Sec. 3306. Enhanced penalties for certain drug offenses on Federal
lands.
Subtitle D--Asylum and Refugee Provisions
Sec. 3400. Short title.
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. Work authorization while applications for U and T visas are
pending.
Sec. 3408. Representation at overseas refugee interviews.
Sec. 3409. Law enforcement and national security checks.
Sec. 3410. Tibetan refugee assistance.
Sec. 3411. Termination of asylum or refugee status.
Sec. 3412. Asylum clock.
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.
Sec. 3507. Transfer of responsibility for trafficking protections.
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. Detecting and preventing child trafficking.
Sec. 3612. Protecting child trafficking victims.
Sec. 3613. Rule of construction.
Sec. 3614. 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 relating to vessels and aircraft.
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.
Sec. 3720. Reporting and record keeping requirements relating to the
detention of aliens.
Sec. 3721. Powers of immigration officers and employees at sensitive
locations.
Subtitle H--Protection of Children Affected by Immigration Enforcement
Sec. 3801. Short title.
Sec. 3802. Definitions.
Sec. 3803. Apprehension procedures for immigration enforcement-related
activities.
Sec. 3804. Access to children, State and local courts, child welfare
agencies, and consular officials.
Sec. 3805. Mandatory training.
Sec. 3806. Rulemaking.
Sec. 3807. Severability.
Subtitle I--Providing Tools To Exchange Visitors and Exchange Visitor
Sponsors To Protect Exchange Visitor Program Participants and Prevent
Trafficking
Sec. 3901. Definitions.
Sec. 3902. Disclosure.
Sec. 3903. Prohibition on discrimination.
Sec. 3904. Fees.
Sec. 3905. Annual notification.
Sec. 3906. Bonding requirement.
Sec. 3907. Maintenance of lists.
Sec. 3908. Amendment to the Immigration and Nationality Act.
Sec. 3909. Responsibilities of Secretary of State.
Sec. 3910. Enforcement provisions.
Sec. 3911. Audits and transparency.
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.
Sec. 4105. H-1B and L Visa fees.
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.
Sec. 4225. Transparency of high-skilled immigration programs.
Chapter 3--Other Protections
Sec. 4231. Posting available positions through the Department of Labor.
Sec. 4232. Requirements for information for H-1B and L nonimmigrants.
Sec. 4233. Filing fee for H-1B-dependent employers.
Sec. 4234. Providing premium processing of employment-based visa
petitions.
Sec. 4235. Technical correction.
Sec. 4236. Application.
Sec. 4237. Portability for beneficiaries of immigrant petitions.
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.
Sec. 4407. J-1 Summer Work Travel Visa Exchange Visitor Program fee.
Sec. 4408. J visa eligibility.
Sec. 4409. F-1 Visa fee.
Sec. 4410. Pilot program for remote B nonimmigrant visa interviews.
Sec. 4411. Providing consular officers with access to all terrorist
databases and requiring heightened scrutiny
of applications for admission from persons
listed on terrorist databases.
Sec. 4412. Visa revocation information.
Sec. 4413. Status for certain battered spouses and children.
Sec. 4414. Nonimmigrant crewmen landing temporarily in Hawaii.
Sec. 4415. Treatment of compact of free association migrants.
Sec. 4416. International participation in the performing arts.
Sec. 4417. Limitation on eligibility of certain nonimmigrants for
health-related programs.
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.
Sec. 4509. B Visa fee.
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. Executives and managers.
Sec. 4604. Honoraria.
Sec. 4605. Nonimmigrants participating in relief operations.
Sec. 4606. Nonimmigrants performing maintenance on common carriers.
Sec. 4607. American jobs in American forests.
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. 4804. Permanent authorization of EB-5 Regional Center Program.
Sec. 4805. Conditional permanent resident status for certain
employment-based immigrants, spouses, and
children.
Sec. 4806. EB-5 Visa reforms.
Sec. 4807. Authorization of appropriations.
Subtitle I--Student and Exchange Visitor Programs
Sec. 4901. Short title.
Sec. 4902. SEVIS and SEVP defined.
Sec. 4903. Increased criminal penalties.
Sec. 4904. Accreditation requirement.
Sec. 4905. Other academic institutions.
Sec. 4906. Penalties for failure to comply with SEVIS reporting
requirements.
Sec. 4907. Visa fraud.
Sec. 4908. Background checks.
Sec. 4909. Revocation of authority to issue Form I-20 of flight schools
not certified by the Federal Aviation
Administration.
Sec. 4910. Revocation of accreditation.
Sec. 4911. Report on risk assessment.
Sec. 4912. Implementation of GAO recommendations.
Sec. 4913. Implementation of SEVIS II.
TITLE V--JOBS FOR YOUTH
Sec. 5101. Definitions.
Sec. 5102. Establishment of Youth Jobs Fund.
Sec. 5103. Summer employment and year-round employment opportunities
for low-income youth.
Sec. 5104. General requirements.
Sec. 5105. Visa surcharge.
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 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) Southern border.--The term ``Southern border'' means
the international border between the United States and Mexico.
(6) 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), infrastructure, and
technology, including at ports of entry, 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 all 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 blue card status
under section 2201 of this Act or described in section
245D(b) of the Immigration and Nationality Act, until 6
months after the date on which the Secretary, after
consultation with the Attorney General, the Secretary
of Defense, the Inspector General of the Department,
and the Comptroller General of the United States,
submits to the President and Congress a written
certification that--
(i) the Comprehensive Southern Border
Security Strategy--
(I) has been submitted to Congress
and includes minimum requirements
described under paragraph (3), (4), and
(5) of section 5(a);
(II) is deployed and operational
(for purposes of this clause the term
``operational'' means the technology,
infrastructure, and personnel, deemed
necessary by the Secretary, in
consultation with the Attorney General
and the Secretary of Defense, and the
Comptroller General, and includes the
technology described under section
5(a)(3) to achieve effective control of
the Southern border, has been procured,
funded, and is in current use by the
Department to achieve effective
control, except in the event of routine
maintenance, de minimis non-deployment,
or natural disaster that would prevent
the use of such assets);
(ii) the Southern Border Fencing Strategy
has been submitted to Congress and implemented,
and as a result the Secretary will certify that
there is in place along the Southern Border no
fewer than 700 miles of pedestrian fencing
which will include replacement of all currently
existing vehicle fencing on non-tribal lands on
the Southern Border with pedestrian fencing
where possible, and after this has been
accomplished may include a second layer of
pedestrian fencing in those locations along the
Southern Border which the Secretary deems
necessary or appropriate;
(iii) the Secretary has implemented the
mandatory employment verification system
required by section 274A of the Immigration and
Nationality Act (8 U.S.C.1324a), as amended by
section 3101, for use by all employers to
prevent unauthorized workers from obtaining
employment in the United States;
(iv) the Secretary is using the electronic
exit system created by section 3303(a)(1) at
all international air and sea ports of entry
within the United States where U.S. Customs and
Border Protection officers are currently
deployed; and
(v) no fewer than 38,405 trained full-time
active duty U.S. Border Patrol agents are
deployed, stationed, and maintained along the
Southern Border.
(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 1 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 of a notice that specifies each law that is being
waived and the Secretary's explanation for the determination to waive
that law. The waiver shall expire on the later of the date on which the
Secretary submits the written certification that the Southern Border
Fencing Strategy is substantially completed as specified in subsection
(c)(2)(A)(ii) or the date that the Secretary submits the written
certification that the Comprehensive Southern Border Security Strategy
is substantially deployed and substantially operational as specified in
subsection (c)(2)(A)(i).
(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.--
(1) In general.--No later than the date that is 1 year
after the date of the enactment of this Act, there is
established a commission to be known as the ``Southern Border
Security Commission'' (referred to in this section as the
``Commission'').
(2) Expenditures and report.--Only if the Secretary cannot
certify that the Department has achieved effective control in
all border sectors for at least 1 fiscal year before the date
that is 5 years after the date of the enactment of this Act--
(A) the report described in subsection (d) shall be
submitted; and
(B) 60 days after such report is submitted, the
funds made available in section 6(a)(3)(A)(iii) may be
expended (except as provided in subsection (i)).
(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) 5 members, consisting of 1 member from the
Southwestern State of Nevada and 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) Qualifications for appointment.--The 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 and may also include reputable
individuals who are landowners in the Southern border area with
first-hand experience with border issues.
(3) Time of appointment.--The appointments required by
paragraph (1) shall be made not later than 1 year after the
date of the enactment of this Act.
(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.--
(1) In general.--The Commission's primary responsibility
shall be to make 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--
(A) the capability to engage in, and engaging in,
persistent surveillance in border sectors along the
Southern border; and
(B) an effectiveness rate of 90 percent or higher
in all border sectors along the Southern border.
(2) Public hearings.--
(A) In general.--The Commission shall convene at
least 1 public hearing each year on border security.
(B) Report.--The Commission shall provide a summary
of each hearing convened pursuant to subparagraph (A)
to the entities set out in subparagraphs (A) through
(G) of section 5(a)(1).
(d) Report.--If required pursuant to subsection (a)(2)(B) and in no
case earlier than the date that is 5 years after the date of the
enactment of this Act, 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 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 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 10 years after the
date of the enactment of this Act.
(i) Funding.--The amounts made available under section
6(a)(3)(A)(iii) to carry out programs, projects, and activities
recommended by the Commission may not be expended prior to the date
that is 60 days after a report required by subsection (d) is submitted
and, in no case, prior to 60 days after the date that is 5 years after
the date of the enactment of this Act, except that funds made available
under section 6(a)(3)(A)(iii) may be used for minimal administrative
expenses directly associated with convening the public hearings
required by subsection (c)(2)(A) and preparing and providing summaries
of such hearings required by subsection (c)(2)(B).
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, in consultation with
the Attorney General and the Secretary of Defense, shall submit
a strategy, to be known as the ``Comprehensive Southern Border
Security Strategy'', for achieving and maintaining effective
control between and at the ports of entry in all 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;
(E) the Committee on the Judiciary of the Senate;
(F) the Committee on the Judiciary of the House of
Representatives;
(G) the Committee on Armed Services of the Senate;
(H) the Committee on Armed Services of the House of
Representatives; and
(I) 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; and
(B) the capabilities required to meet each of the
priorities referred to in subparagraph (A), including--
(i) surveillance and detection capabilities
developed or used by the various Departments
and Agencies for the Federal government for the
purposes of enhancing the functioning and
operational capability to conduct continuous
and integrated manned or unmanned, monitoring,
sensing, or surveillance of 100 percent of
Southern border mileage or the immediate
vicinity of the Southern border;
(ii) the requirement for stationing
sufficient Border Patrol agents and Customs and
Border Protection officers between and at ports
of entry along the Southern border; and
(iii) the necessary and qualified staff and
equipment to fully utilize available unarmed,
unmanned aerial systems and unarmed, fixed wing
aircraft.
(3) Minimum requirements.--The Comprehensive Southern
Border Security Strategy shall require, at a minimum, the
deployment of the following technologies for each Border Patrol
sector along the Southern Border:
(A) Arizona (yuma and tucson sectors).--For Arizona
(Yuma and Tucson Sectors) between ports of entry the
following:
(i) 50 integrated fixed towers.
(ii) 73 fixed camera systems (with
relocation capability), which include Remote
Video Surveillance Systems.
(iii) 28 mobile surveillance systems, which
include mobile video surveillance systems,
agent-portable surveillance systems, and mobile
surveillance capability systems.
(iv) 685 unattended ground sensors,
including seismic, imaging, and infrared.
(v) 22 handheld equipment devices,
including handheld thermal imaging systems and
night vision goggles.
(B) San diego, california.--For San Diego,
California the following:
(i) Between ports of entry.--Between ports
of entry the following:
(I) 3 integrated fixed towers.
(II) 41 fixed camera systems (with
relocation capability), which include
Remote Video Surveillance Systems.
(III) 14 mobile surveillance
systems, which include mobile video
surveillance systems, agent-portable
surveillance systems, and mobile
surveillance capability systems.
(IV) 393 unattended ground sensors,
including seismic, imaging, and
infrared.
(V) 83 handheld equipment devices,
including handheld thermal imaging
systems and night vision goggles.
(ii) At points of entry, checkpoints.--At
points of entry, checkpoints the following:
(I) 2 non-intrusive inspection
systems, including fixed and mobile.
(II) 1 radiation portal monitor.
(III) 1 littoral detection and
classification network
(C) El centro, california.--For El Centro,
California the following:
(i) Between ports of entry.--Between ports
of entry the following:
(I) 66 fixed camera systems (with
relocation capability), which include
Remote Video Surveillance Systems.
(II) 18 mobile surveillance
systems, which include mobile video
surveillance systems, agent-portable
surveillance systems, and mobile
surveillance capability systems.
(III) 85 unattended ground sensors,
including seismic, imaging, and
infrared.
(IV) 57 handheld equipment devices,
including handheld thermal imaging
systems and night vision goggles.
(V) 2 sensor repeaters.
(VI) 2 communications repeaters.
(ii) At points of entry, checkpoints.--At
points of entry, checkpoints the following:
(I) 5 fiber-optic tank inspection
scopes.
(II) 1 license plate reader.
(III) 1 backscatter.
(IV) 2 portable contraband
detectors.
(V) 2 radiation isotope
identification devices.
(VI) 8 radiation isotope
identification devices updates.
(VII) 3 personal radiation
detectors.
(VIII) 16 mobile automated
targeting systems.
(D) El paso, texas.--For El Paso, Texas the
following:
(i) Between ports of entry.--Between ports
of entry the following:
(I) 27 integrated fixed towers.
(II) 71 fixed camera systems (with
relocation capability), which include
Remote Video Surveillance Systems.
(III) 31 mobile surveillance
systems, which include mobile video
surveillance systems, agent-portable
surveillance systems, and mobile
surveillance capability systems.
(IV) 170 unattended ground sensors,
including seismic, imaging, and
infrared.
(V) 24 handheld equipment devices,
including handheld thermal imaging
systems and night vision goggles.
(VI) 1 communications repeater.
(VII) 1 sensor repeater.
(VIII) 2 camera refresh.
(ii) At points of entry, checkpoints.--At
points of entry, checkpoints the following:
(I) 4 non-intrusive inspection
systems, including fixed and mobile.
(II) 23 fiber-optic tank inspection
scopes.
(III) 1 portable contraband
detectors.
(IV) 19 radiation isotope
identification devices updates.
(V) 1 real time radioscopy version
4.
(VI) 8 personal radiation
detectors.
(E) Big bend, texas.--For Big Bend, Texas the
following:
(i) Between ports of entry.--Between ports
of entry the following:
(I) 7 fixed camera systems (with
relocation capability), which include
remote video surveillance systems.
(II) 29 mobile surveillance
systems, which include mobile video
surveillance systems, agent-portable
surveillance systems, and mobile
surveillance capability systems.
(III) 1105 unattended ground
sensors, including seismic, imaging,
and infrared.
(IV) 131 handheld equipment
devices, including handheld thermal
imaging systems and night vision
goggles.
(V) 1 mid-range camera refresh.
(VI) 1 improved surveillance
capabilities for existing aerostat.
(VII) 27 sensor repeaters.
(VIII) 27 communications repeaters.
(ii) At points of entry, checkpoints.--At
points of entry, checkpoints the following:
(I) 7 fiber-optic tank inspection
scopes.
(II) 3 license plate readers,
including mobile, tactical, and fixed.
(III) 12 portable contraband
detectors.
(IV) 7 radiation isotope
identification devices.
(V) 12 radiation isotope
identification devices updates.
(VI) 254 personal radiation
detectors.
(VII) 19 mobile automated targeting
systems.
(F) Del rio, texas.--For Del Rio, Texas the
following:
(i) Between ports of entry.--Between ports
of entry the following:
(I) 3 integrated fixed towers.
(II) 74 fixed camera systems (with
relocation capability), which include
remote video surveillance systems.
(III) 47 mobile surveillance
systems, which include mobile video
surveillance systems, agent-portable
surveillance systems, and mobile
surveillance capability systems.
(IV) 868 unattended ground sensors,
including seismic, imaging, and
infrared.
(V) 174 handheld equipment devices,
including handheld thermal imaging
systems and night vision goggles.
(VI) 26 mobile/handheld inspection
scopes and sensors for checkpoints.
(VII) 1 improved surveillance
capabilities for existing aerostat.
(VIII) 21 sensor repeaters.
(IX) 21 communications repeaters.
(ii) At points of entry, checkpoints.--At
points of entry, checkpoints the following:
(I) 4 license plate readers,
including mobile, tactical, and fixed.
(II) 13 radiation isotope
identification devices updates.
(III) 3 mobile automated targeting
systems.
(IV) 6 land automated targeting
systems.
(G) Laredo, texas.--For Laredo, Texas the
following:
(i) Between the ports of entry.--Between
ports of entry the following:
(I) 2 integrated fixed towers.
(II) 69 fixed camera systems (with
relocation capability), which include
remote video surveillance systems.
(III) 38 mobile surveillance
systems, which include mobile video
surveillance systems, agent-portable
surveillance systems, and mobile
surveillance capability systems.
(IV) 573 unattended ground sensors,
including seismic, imaging, and
infrared.
(V) 124 handheld equipment devices,
including handheld thermal imaging
systems and night vision goggles.
(VI) 38 sensor repeaters.
(VII) 38 communications repeaters.
(ii) At points of entry, checkpoints.--At
points of entry, checkpoints the following:
(I) 1 non-intrusive inspection
system.
(II) 7 fiber-optic tank inspection
scopes.
(III) 19 license plate readers,
including mobile, tactical, and fixed.
(IV) 2 backscatter.
(V) 14 portable contraband
detectors.
(VI) 2 radiation isotope
identification devices.
(VII) 18 radiation isotope
identification devices updates.
(VIII) 16 personal radiation
detectors.
(IX) 24 mobile automated targeting
systems.
(X) 3 land automated targeting
systems.
(H) Rio grande valley.--For Rio Grande Valley the
following:
(i) Between ports of entry.--Between ports
of entry the following:
(I) 1 integrated fixed towers.
(II) 87 fixed camera systems (with
relocation capability), which include
remote video surveillance systems.
(III) 27 mobile surveillance
systems, which include mobile video
surveillance systems, agent-portable
surveillance systems, and mobile
surveillance capability systems.
(IV) 716 unattended ground sensors,
including seismic, imaging, and
infrared.
(V) 205 handheld equipment devices,
including handheld thermal imaging
systems and night vision goggles.
(VI) 4 sensor repeaters.
(VII) 1 communications repeater.
(VIII) 2 camera refresh.
(ii) At points of entry, checkpoints.--At
points of entry, checkpoints the following:
(I) 1 mobile non-intrusive
inspection system.
(II) 11 fiberoptic tank inspection
scopes.
(III) 1 license plate reader.
(IV) 2 backscatter.
(V) 2 card reader system.
(VI) 8 portable contraband
detectors.
(VII) 5 radiation isotope
identification devices.
(VIII) 18 radiation isotope
identification devices updates.
(IX) 135 personal radiation
detectors.
(iii) Air and marine across the southwest
border.--For air and marine across the
Southwest border the following:
(I) 4 unmanned aircraft systems.
(II) 6 VADER radar systems.
(III) 17 UH-1N helicopters.
(IV) 8 C-206H aircraft upgrades.
(V) 8 AS-350 light enforcement
helicopters.
(VI) 10 Blackhawk helicopter 10 A-L
conversions, 5 new Blackhawk M Model.
(VII) 30 marine vessels.
(4) Redeployment of resources to achieve effective
control.--The Secretary may reallocate the personnel,
infrastructure, and technologies required in the Southern
Border Security Strategy to achieve effective control of the
Southern border.
(5) Alternate technology.--If the Secretary determines that
an alternate or new technology is at least as effective as the
technologies described in paragraph (3) and provides a
commensurate level of security, the Secretary may deploy that
technology in its place and without regard to the minimums in
this section. The Secretary shall notify Congress within 60
days of any such determination.
(6) Annual report.--Beginning 1 year after the enactment of
this Act, and annually thereafter, the Secretary shall provide
to Congress a written report to Congress on the sector-by-
sector deployment of infrastructure and technologies.
(7) 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).
(8) 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.
(9) Semiannual reports.--
(A) In general.--Not later than 180 days after the
Comprehensive Southern Border Security Strategy is
submitted under paragraph (1), and every 180 days
thereafter, the Secretary shall submit 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;
(iv) the Committee on Appropriations of the
House of Representatives;
(v) the Committee on the Judiciary of the
Senate;
(vi) the Committee on the Judiciary of the
House of Representatives; and
(vii) the Comptroller General of the United
States.
(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.
(C) Annual review.--The Comptroller General of the
United States shall conduct an annual review of the
information contained in the semiannual reports
submitted by the Secretary under this paragraph and
submit an assessment of the status and progress of the
Southern Border Security Strategy to the committees set
forth in subparagraph (A).
(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 700 miles of fencing (including
double-layer fencing), infrastructure, and technology,
including at ports of entry, should be deployed along the
Southern border.
(2) Submission.--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.
(4) Consultation.--
(A) In general.--In implementing the Southern
Border Fencing Strategy required by this subsection,
the Secretary shall consult with the Secretary of the
Interior, the Secretary of Agriculture, States, local
governments, Indian tribes, and property owners in the
United States to minimize the impact on the
environment, culture, commerce, and quality of life for
the communities and residents located near the sites at
which such fencing is to be constructed.
(B) Savings provision.--Nothing in this paragraph
may be construed to--
(i) create or negate any right of action
for a State or local government or other person
or entity affected by this subsection; or
(ii) affect the eminent domain laws of the
United States or of any State.
(5) Limitation on requirements.--Notwithstanding paragraph
(1), nothing in this subsection shall require the Secretary to
install fencing, or infrastructure that directly results from
the installation of such fencing, in a particular location
along the Southern border, if the Secretary determines that the
use or placement of such resources is not the most appropriate
means to achieve and maintain effective control over the
Southern border at such location.
SEC. 6. COMPREHENSIVE IMMIGRATION REFORM FUNDS.
(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,
$46,300,000,000 shall be transferred from the general
fund of the Treasury to the Trust Fund.
(B) Ongoing funding.--Notwithstanding section 3302
of title 31, United States Code, in addition to the
funding described in subparagraph (A), and subject to
paragraphs (3)(B) and (4), the following amounts shall
be deposited in the Trust Fund:
(i) Electronic travel authorization system
fees.--Fees collected under section
217(h)(3)(B)(i)(II) of the Immigration and
Nationality Act, as added by section 1102(c).
(ii) Registered provisional immigrant
penalties.--Penalties collected under section
245B(c)(10)(C) of the Immigration and
Nationality Act, as added by section 2101.
(iii) Blue card penalty.--Penalties
collected under section 2211(b)(9)(C).
(iv) Fine for adjustment from blue card
status.--Fines collected under section
245F(a)(5) of the Immigration and Nationality
Act, as added by section 2212(a).
(v) Penalties for false statements in
applications.--Fines collected under section
245F(f) of the Immigration and Nationality Act,
as added by section 2212(a).
(vi) Merit system green card fees.--Fees
collected under section 203(c)(6) of the
Immigration and Nationality Act, as amended by
section 2301(a)(2).
(vii) H-1B and l visa fees.--Fees collected
under section 281(d) of the Immigration and
Nationality Act, as added by section 4105.
(viii) H-1B outplacement fee.--Fees
collected under section 212(n)(1)(F)(ii) of the
Immigration and Nationality Act, as amended by
section 4211(d).
(ix) H-1B nonimmigrant dependent employer
fees.--Fees collected under section 4233(a)(2).
(x) L nonimmigrant dependent employer
fees.--Fees collected under section 4305(a)(2).
(xi) J-1 visa mitigation fees.--Fees
collected under section 281(e) of the
Immigration and Nationality Act, as added by
section 4407.
(xii) F-1 visa fees.--Fees collected under
section 281(f) of the Immigration and
Nationality Act, as added by section 4409.
(xiii) Retiree visa fees.--Fees collected
under section 214(w)(1)(B) of the Immigration
and Nationality Act, as added by section
4504(b).
(xiv) Visitor visa fees.--Fees collected
under section 281(g) of the Immigration and
Nationality Act, as added by section 4509.
(xv) H-2B visa fees.--Fees collected under
section 214(x)(5)(A) of the Immigration and
Nationality Act, as added by section 4602(a).
(xvi) Nonimmigrants performing maintenance
on common carriers.--Fees collected under
section 214(z) of the Immigration and
Nationality Act, as added by section 4604.
(xvii) X-1 visa fees.--Fees collected under
section 214(s)(6) of the Immigration and
Nationality Act, as added by section 4801.
(xviii) Penalty for adjustment from
registered provisional immigrant status.--
Penalties collected under section 245C(c)(5)(B)
of the Immigration and Nationality Act, as
added by section 2102.
(C) Authority to adjust fees.--As necessary to
carry out the purposes of this Act, the Secretary may
adjust the amounts of the fees and penalties set out
under subparagraph (B), except for the fines and
penalties referred to in clauses (ii), (iii), (iv), or
(xviii) of such subparagraph; provided further that the
Secretary shall adjust the amounts of the fees and
penalties set out under subparagraph (B), except for
the fines and penalties referred to in clauses (ii),
(iii), (iv), or (xviii) of such subparagraph to result
in no less than $500,000,000 being available for fiscal
year 2014 and $1,000,000,000 for fiscal years 2015
through 2023 for appropriations for activities
authorized under this Act. If the Secretary determines
that adjusting the fees and penalties set out under
subparagraph (B) will be insufficient or impractical to
cover the costs of the mandatory enforcement
expenditures in this Act, the Secretary may charge an
additional surcharge on every immigrant and
nonimmigrant petition filed with the Secretary in an
amount designed to be the minimum proportional
surcharge necessary to recover the annual mandatory
enforcement expenditures in this legislation.
(3) Use of funds.--
(A) Initial funding.--Of the amounts transferred to
the Trust Fund pursuant to paragraph (2)(A)--
(i) $30,000,000,000 shall remain available
for the 10-year period beginning on the date
specified in paragraph (2)(A) for use by the
Secretary in hiring and deploying at least
19,200 additional trained full-time active duty
U.S. Border Patrol agents along the Southern
Border;
(ii) $4,500,000,000 shall remain available
for the 5-year period beginning on the date
specified in paragraph (2)(A) for use by the
Secretary to carry out the Comprehensive
Southern Border Security Strategy;
(iii) $2,000,000,000 shall remain available
for the 10-year period beginning on the date
specified in paragraph (2)(A) for use by the
Secretary to carry out programs, projects, and
activities recommended by the Commission
pursuant to section 4(d) to achieve and
maintain the border security goal specified in
section 3(b), and for the administrative
expenses directly associated with convening the
public hearings required by section 3(c)(2)(A)
and preparing and providing summaries of such
hearings required by section 3(c)(2)(B);
(iv) $8,000,000,000 shall be made available
to the Secretary, during the 5-year period
beginning on the date of the enactment of this
Act, to procure and deploy fencing,
infrastructure, and technology in accordance
with the Southern Border Fencing Strategy
established pursuant to section 5(b), not less
than $7,500,000,000 of which shall be used to
deploy, repair, or replace fencing;
(v) $750,000,000 shall remain available for
the 6-year period beginning on the date
specified in paragraph (2)(A) for use by the
Secretary to expand and implement the mandatory
employment verification system, which shall be
used as required by section 274A of the
Immigration and Nationality Act (8 U.S.C.
1324a), as amended by section 3101;
(vi) $900,000,000 shall remain available
for the 8-year period beginning on the date
specified in paragraph (2)(A) for use by the
Secretary of State to pay for one-time and
startup costs necessary to implement this Act;
and
(vii) $150,000,000 shall remain available
for the 2-year period beginning on the date
specified in paragraph (2)(A) for use by the
Secretary for transfer to the Secretary of
Labor, the Secretary of Agriculture, or the
Attorney General, for initial costs of
implementing this Act.
(B) Repayment of trust fund expenses.--The first
$8,300,000,000 collected pursuant to the fees,
penalties, and fines referred to in clauses (ii),
(iii), (iv), (vi), (xiii), (xvii), and (xviii) of
paragraph (2)(B) shall be collected, deposited in the
general fund of the Treasury, and used for Federal
budget deficit reduction. Collections in excess of
$8,300,000,000 shall be deposited into the Trust Fund,
as specified in paragraph (2)(B).
(C) Program implementation.--Amounts deposited into
the Trust Fund pursuant to paragraph (2)(B) shall be
available during each of fiscal years 2014 through 2018
as follows:
(i) $50,000,000 to carry out the activities
referenced in section 1104(a)(1).
(ii) $50,000,000 to carry out the
activities referenced in section 1104(b).
(D) Ongoing funding.--Subject to the availability
of appropriations, amounts deposited in the Trust Fund
pursuant to paragraph (2)(B) are authorized to be
appropriated as follows:
(i) Such sums as may be necessary to carry
out the authorizations included in this Act,
including the costs, including pay and
benefits, associated with the additional
personnel required by section 1102.
(ii) Such sums as may be necessary to carry
out the operations and maintenance of border
security and immigration enforcement
investments referenced in subparagraph (A).
(E) Expenditure plan.--The Secretary, in
consultation with the Attorney General and the
Secretary of Defense, shall submit to the Committee on
Appropriations of the Senate, the Committee on the
Judiciary of the Senate, the Committee on
Appropriations of the House of Representatives, and the
Committee on the Judiciary of the House of
Representatives, in conjunction with the Comprehensive
Southern Border Strategy and the Southern Border
Fencing Strategy, a plan for expenditure that
describes--
(i) the types and planned deployment of
fixed, mobile, video, and agent and officer
portable surveillance and detection equipment,
including those recommended or provided by the
Department of Defense;
(ii) the number of Border Patrol agents and
Customs and Border Protection officers to be
hired, including a detailed description of
which Border Patrol sectors and which land
border ports of entry they will be stationed;
(iii) the numbers and type of unarmed,
unmanned aerial systems and unarmed, fixed-wing
and rotary aircraft, including pilots, air
interdiction agents, and support staff to fly
or otherwise operate and maintain the
equipment;
(iv) the numbers, types, and planned
deployment of marine and riverine vessels, if
any, including marine interdiction agents and
support staff to operate and maintain the
vessels;
(v) the locations, amount, and planned
deployment of fencing, including double layer
fencing, tactical and other infrastructure, and
technology, including but not limited to fixed
towers, sensors, cameras, and other detection
technology;
(vi) the numbers, types, and planned
deployment of ground-based mobile surveillance
systems;
(vii) the numbers, types, and planned
deployment of tactical and other interoperable
law enforcement communications systems and
equipment;
(viii) required construction, including
repairs, expansion, and maintenance, and
location of additional checkpoints, Border
Patrol stations, and forward operating bases;
(ix) the number of additional attorneys and
support staff for the Office of the United
States Attorney for Tucson;
(x) the number of additional support staff
and interpreters in the Office of the Clerk of
the Court for Tucson;
(xi) the number of additional personnel,
including Marshals and Deputy Marshals for the
United States Marshals Office for Tucson;
(xii) the number of additional magistrate
judges for the southern border United States
District Courts;
(xiii) activities to be funded by the
Homeland Security Border Oversight Task Force;
(xiv) amounts and types of grants to States
and other entities;
(xv) amounts and activities necessary to
hire additional personnel and for start-up
costs related to upgrading software and
information technology necessary to transition
from a voluntary E-Verify system to mandatory
employment verification system under section
274A of the Immigration and Nationality Act (8
U.S.C. 1324a) within 5 years;
(xvi) the number of additional personnel
and other costs associated with implementing
the immigration courts and removal proceedings
mandated in subtitle E of title III;
(xvii) the steps the Commissioner of Social
Security plans to take to create a fraud-
resistant, tamper-resistant, wear-resistant,
and identity-theft resistant Social Security
card, including--
(I) the types of equipment needed
to create the card;
(II) the total estimated costs for
completion that clearly delineates
costs associated with the acquisition
of equipment and transition to
operation, subdivided by fiscal year
and including a description of the
purpose by fiscal year for design, pre-
acquisition activities, production, and
transition to operation;
(III) the number and type of
personnel, including contract
personnel, required to research,
design, test, and produce the card; and
(IV) a detailed schedule for
production of the card, including an
estimated completion date at the
projected funding level provided in
this Act; and
(xviii) the operations and maintenance
costs associated with the implementation of
clauses (i) through (xvii).
(F) Annual revision.--The expenditure plan required
in (E) shall be revised and submitted with the
President's budget proposals for fiscal year 2016,
2017, 2018, and 2019 pursuant to the requirements of
section 1105(a) of title 31, United States Code.
(G) Commission expenditure plan.--
(i) Requirement for plan.--If the Southern
Border Security Commission referenced in
section 4 is established, the Secretary shall
submit to the appropriate committees of
Congress, not later than 60 days after the
submission of the review required by section
4(g), a plan for expenditure that achieves the
recommendations in the report required by
section 4(d) and the review required by section
4(g).
(ii) Appropriate committees of congress
defined.--In clause (i), the term ``appropriate
committees of Congress'' means--
(I) the Committee on
Appropriations, the Committee on the
Judiciary, and the Committee on Finance
of the Senate; and
(II) the Committee on
Appropriations, the Committee on the
Judiciary, and the Committee on Ways
and Means of the House of
Representatives.
(4) Limitation on collection.--
(A) In general.--No fee deposited in the Trust Fund
may be collected except to the extent that the
expenditure of the fee is provided for in advance in an
appropriations Act only to pay the costs of activities
and services for which appropriations are authorized to
be funded from the Trust Fund.
(B) Receipts collected as offsetting receipts.--
Until the date of the enactment of an Act making
appropriations for the activities authorized under this
Act through September 30, 2014, the fees authorized by
paragraph (2)(B) that are not deposited into the
general fund pursuant to paragraph (3)(B) may be
collected and shall be credited as to the Trust Fund to
remain available until expended only to pay the costs
of activities and services for which appropriations are
authorized to be funded from the Trust Fund.
(b) Comprehensive Immigration Reform Startup Account.--
(1) Establishment.--There is established in the Treasury a
separate account, to be known as the ``Comprehensive
Immigration Reform Startup Account,'' (referred to in this
section as the ``Startup Account''), consisting of amounts
transferred from the general fund of the Treasury under
paragraph (2).
(2) Deposits.--There is appropriated to the Startup
Account, out of any funds in the Treasury not otherwise
appropriated, $3,000,000,000, to remain available until
expended on the later of the date that is--
(A) the date of the enactment of this Act; or
(B) October 1, 2013.
(3) Repayment of startup costs.--
(A) In general.--Notwithstanding section 286(m) of
the Immigration and Nationality Act (8 U.S.C. 1356(m)),
50 percent of fees collected under section
245B(c)(10)(A) of the Immigration and Nationality Act,
as added by section 2101 of this Act, shall be
deposited monthly in the general fund of the Treasury
and used for Federal budget deficit reduction until the
funding provided by paragraph (2) has been repaid.
(B) Deposit in the immigration examinations fee
account.--Fees collected in excess of the amount
referenced in subparagraph (A) shall be deposited in
the Immigration Examinations Fee Account, pursuant to
section 286(m) of the Immigration and Nationality Act
(8 U.S.C. 1356(m)), and shall remain available until
expended pursuant to section 286(n) of the Immigration
and Nationality Act (8 U.S.C. 1356(n)).
(4) Use of funds.--The Secretary shall use the amounts
transferred to the Startup Account to pay for one-time and
startup costs necessary to implement this Act, including--
(A) equipment, information technology systems,
infrastructure, and human resources;
(B) outreach to the public, including development
and promulgation of any regulations, rules, or other
public notice;
(C) grants to community and faith-based
organizations; and
(D) anti-fraud programs and actions related to
implementation of this Act.
(5) Expenditure plan.--Not later than 90 days after the
date of the enactment of this Act, the Secretary, in
consultation with the Attorney General and the Secretary of
Defense, shall submit to the Committee on Appropriations and
the Committee on the Judiciary of the Senate and the Committee
on Appropriations and the Committee on the Judiciary of the
House of Representatives, a plan for expenditure of the one-
time and startup funds in the Startup Account that provides
details on--
(A) the types of equipment, information technology
systems, infrastructure, and human resources;
(B) the plans for outreach to the public, including
development and promulgation of any regulations, rules,
or other public notice;
(C) the types and amounts of grants to community
and faith-based organizations; and
(D) the anti-fraud programs and actions related to
implementation of this Act.
(c) Annual Audits.--
(1) Audits required.--Not later than October 1 each year
beginning on or after the date of the enactment of this Act,
the Chief Financial Officer of the Department of Homeland
Security shall, in conjunction with the Inspector General of
the Department of Homeland Security, conduct an audit of the
Trust Fund.
(2) Reports.--Upon completion of each audit of the Trust
Fund under paragraph (1), the Chief Financial Officer shall, in
conjunction with the Inspector General, submit to Congress, and
make available to the public on an Internet website of the
Department available to the public, a jointly audited financial
statement concerning the Trust Fund.
(3) Elements.--Each audited financial statement under
paragraph (2) shall include the following:
(A) The report of an independent certified public
accountant.
(B) A balance sheet reporting admitted assets,
liabilities, capital and surplus.
(C) A statement of cash flow.
(D) Such other information on the Trust Fund as the
Chief Financial Officer, the Inspector General, or the
independent certified public accountant considers
appropriate to facilitate a comprehensive understanding
of the Trust Fund during the year covered by the
financial statement.
(d) Determination of Budgetary Effects.--
(1) Emergency designation for congressional enforcement.--
In the Senate, amounts appropriated by or deposited in the
general fund of the Treasury pursuant to 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
appropriated by or deposited in the general fund of the
Treasury pursuant to 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.
SEC. 9. GRANT ACCOUNTABILITY.
(a) Definitions.--In this section:
(1) Awarding entities.--The term ``awarding entities''
means the Secretary of Homeland Security, the Director of the
Federal Emergency Management Agency (FEMA), the Chief of the
Office of Citizenship and New Americans, as designated by this
Act, and the Director of the National Science Foundation.
(2) Nonprofit organization.--The term ``nonprofit
organization'' means an organization that is described in
section 501(c)(3) of the Internal Revenue Code of 1986 and is
exempt from taxation under section 501(a) of such Code.
(3) Unresolved audit finding.--The term ``unresolved audit
finding'' means a finding in a final audit report conducted by
the Inspector General of the Department of Homeland Security,
or the Inspector General for the National Science Foundation
for grants awarded by the Director of the National Science
Foundation, that the audited grantee has utilized grant funds
for an unauthorized expenditure or otherwise unallowable cost
that is not closed or resolved within 1 year from the date when
the final audit report is issued.
(b) Accountability.--All grants awarded by awarding entities
pursuant to this Act shall be subject to the following accountability
provisions:
(1) Audit requirement.--
(A) Audits.--Beginning in the first fiscal year
beginning after the date of the enactment of this
section, and in each fiscal year thereafter, the
Inspector General of the Department of Homeland
Security, or the Inspector General for the National
Science Foundation for grants awarded by the Director
of the National Science Foundation, shall conduct
audits of recipients of grants under this Act to
prevent waste, fraud, and abuse of funds by grantees.
The Inspector Generals shall determine the appropriate
number of grantees to be audited each year.
(B) Mandatory exclusion.--A recipient of grant
funds under this Act that is found to have an
unresolved audit finding shall not be eligible to
receive grant funds under this Act during the first 2
fiscal years beginning after the end of the 1-year
period described in subsection (a)(3).
(C) Priority.--In awarding grants under this Act,
the awarding entities shall give priority to eligible
applicants that did not have an unresolved audit
finding during the 3 fiscal years before submitting an
application for a grant under this Act.
(D) Reimbursement.--If an entity is awarded grant
funds under this Act during the 2-fiscal-year period
during which the entity is barred from receiving grants
under subparagraph (B), the awarding entity shall--
(i) deposit an amount equal to the amount
of the grant funds that were improperly awarded
to the grantee into the General Fund of the
Treasury; and
(ii) seek to recoup the costs of the
repayment to the fund from the grant recipient
that was erroneously awarded grant funds.
(2) Nonprofit organization requirements.--
(A) Prohibition.--An awarding entity may not award
a grant under this Act to a nonprofit organization that
holds money in offshore accounts for the purpose of
avoiding paying the tax described in section 511(a) of
the Internal Revenue Code of 1986.
(B) Disclosure.--Each nonprofit organization that
is awarded a grant under this Act and uses the
procedures prescribed in regulations to create a
rebuttable presumption of reasonableness for the
compensation of its officers, directors, trustees, and
key employees, shall disclose to the awarding entity,
in the application for the grant, the process for
determining such compensation, including the
independent persons involved in reviewing and approving
such compensation, the comparability data used, and
contemporaneous substantiation of the deliberation and
decision. Upon request, the awarding entity shall make
the information disclosed under this subparagraph
available for public inspection.
(3) Conference expenditures.--
(A) Limitation.--No amounts authorized to be
appropriated to the Department of Homeland Security or
the National Science Foundation for grant programs
under this Act may be used by an awarding entity or by
any individual or entity awarded discretionary funds
through a cooperative agreement under this Act to host
or support any expenditure for conferences that uses
more than $20,000 in funds made available by the
Department of Homeland Security or the National Science
Foundation unless the Deputy Secretary for Homeland
Security, or the Deputy Director of the National
Science Foundation, or their designee, provides prior
written authorization that the funds may be expended to
host the conference.
(B) Written approval.--Written approval under
subparagraph (A) shall include a written estimate of
all costs associated with the conference, including the
cost of all food, beverages, audio-visual equipment,
honoraria for speakers, and entertainment.
(C) Report.--The Deputy Secretary of Homeland
Security and the Deputy Director of the National
Science Foundation shall submit an annual report to
Congress on all conference expenditures approved under
this paragraph.
(4) Annual certification.--Beginning in the first fiscal
year beginning after the date of the enactment of this
subsection, each awarding entity shall submit to Congress a
report--
(A) indicating whether--
(i) all audits issued by the Offices of the
Inspector General under paragraph (1) have been
completed and reviewed by the appropriate
individuals;
(ii) all mandatory exclusions required
under paragraph (1)(B) have been issued; and
(iii) all reimbursements required under
paragraph (1)(D) have been made; and
(B) including a list of any grant recipients
excluded under paragraph (1) from the previous year.
TITLE I--BORDER SECURITY AND OTHER PROVISIONS
Subtitle A--Border Security
SEC. 1101. DEFINITIONS.
In this title:
(1) Northern border.--The term ``Northern border'' means
the international border between the United States and Canada.
(2) 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.
(3) Southern border.--The term ``Southern border'' means
the international border between the United States and Mexico.
(4) 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. BORDER PATROL AND U.S. CUSTOMS AND BORDER
PROTECTION OFFICERS.
(a) U.S. Border Patrol.--Not later than September 30, 2021, the
Secretary shall increase the number of trained full-time active duty
U.S. Border Patrol agents deployed to the Southern border to 38,405.
(b) U.S. Customs and Border Protection.--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. In
allocating any new officers to international land ports of entry and
high volume international airports, the primary goals shall be to
increase security and reduce wait times of commercial and passenger
vehicles at international land ports of entry and primary processing
wait times at high volume international airports by 50 percent by
fiscal year 2104 and screening all air passengers within 45 minutes
under normal operating conditions or 80 percent of passengers within 30
minutes by fiscal year 2016. The Secretary shall make progress in
increasing such number of officers during each of the fiscal years 2014
through 2017.
(c) Air and Marine Unmanned Aircraft Systems Crew.--Not later than
September 30, 2015, the Secretary shall increase the number of trained
U.S. Customs and Border Protection Air and Marine unmanned aircraft
systems crew, marine agent, and personnel by 160 compared to the number
of such officers as of the date of the enactment of this Act. The
Secretary shall increase and maintain Customs and Border Protection
Office of Air and Marine flight hours to 130,000 annually.
(d) Construction.--Nothing in subsection (a) may be construed to
preclude the Secretary from reassigning or stationing U.S. Customs and
Border Protection Officers and U.S. Border Patrol Agents from the
Northern border to the Southern border.
(e) Funding.--Section 217(h)(3)(B) (8 U.S.C. 1187(h)(3)(B)) is
amended--
(1) in clause (i)--
(A) by striking ``No later than 6 months after the
date of enactment of the Travel Promotion Act of 2009,
the'' and inserting ``The'';
(B) in subclause (I), by striking ``and'' at the
end;
(C) by redesignating subclause (II) as subclause
(III); and
(D) by inserting after subclause (I) the following:
``(II) $16 for border processing;
and'';
(2) in clause (ii), by striking ``Amounts collected under
clause (i)(II)'' and inserting ``Amounts collected under clause
(i)(II) 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, for the purpose of implementing section
1102(b) of such Act. Amounts collected under clause (i)(III)'';
and
(3) by striking clause (iii).
(f) Corporation for Travel Promotion.--Section 9(d)(2)(B) of the
Travel Promotion Act of 2009 (22 U.S.C. 2131(d)(2)(B)) is amended by
striking ``For each of fiscal years 2012 through 2015,'' and inserting
``For each fiscal year after 2012,''.
(g) Recruitment of Former Members of the Armed Forces and Members
of Reserve Components of the Armed Forces.--
(1) Requirement for program.--The Secretary, in conjunction
with the Secretary of Defense, shall establish a program to
actively recruit members of the reserve components of the Armed
Forces and former members of the Armed Forces, including the
reserve components, to serve in United States Customs and
Border Protection and United States Immigration and Customs
Enforcement.
(2) Recruitment incentives.--
(A) Student loan repayments for united states
border patrol agents with a three-year commitment.--
Section 5379(b) of title 5, United States Code, is
amended by adding at the end the following new
paragraph:
``(4) In the case of an employee who is otherwise eligible for
benefits under this section and who is serving as a full-time active-
duty United States border patrol agent within the Department of
Homeland Security--
``(A) paragraph (2)(A) shall be applied by substituting
`$20,000' for `$10,000'; and
``(B) paragraph (2)(B) shall be applied by substituting
`$80,000' for `$60,000'.''.
(B) Recruitment and relocation bonuses and
retention allowances for personnel of the department of
homeland security.--The Secretary of Homeland Security
shall ensure that the authority to pay recruitment and
relocation bonuses under section 5753 of title 5,
United States Code, the authority to pay retention
bonuses under section 5754 of such title, and any other
similar authorities available under any other provision
of law, rule, or regulation, are exercised to the
fullest extent allowable in order to encourage service
in the Department of Homeland Security.
(3) Report on recruitment incentives.--
(A) In general.--Not later than 90 days after the
date of the enactment of this Act, the Secretary and
the Secretary of Defense shall jointly submit to the
appropriate committees of Congress a report including
an assessment of the desirability and feasibility of
offering incentives to members of the reserve
components of the Armed Forces and former members of
the Armed Forces, including the reserve components, for
the purpose of encouraging such members to serve in
United States Customs and Border Protection and
Immigration and Customs Enforcement.
(B) Content.--The report required by subparagraph
(A) shall include--
(i) a description of various monetary and
non-monetary incentives considered for purposes
of the report; and
(ii) an assessment of the desirability and
feasibility of utilizing any such incentive.
(4) Appropriate committees of congress defined.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Appropriations, the Committee
on Armed Services, and the Committee on Homeland
Security and Governmental Affairs of the Senate; and
(B) the Committee on Appropriations, the Committee
on Armed Services, and the Committee on Homeland
Security of the House of Representatives.
(h) Report.--Prior to the hiring and training of additional U.S.
Customs and Border Protection officers under subsection (a), the
Secretary shall submit to Congress a report on current wait times at
land, air, and sea ports of entry, officer staffing at land, air, and
sea ports of entry and projections for new officer allocation at land,
air, and sea ports of entry designed to implement subsection (a),
including the need to hire non-law enforcement personnel for
administrative duties.
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 unit 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.--From the amounts made available pursuant
to the appropriations in paragraph (3), funds shall be made
available--
(A) to increase the number of border crossing
prosecutions in the Tucson Sector of the Southwest
border region to up to 210 prosecutions per day through
increasing funding available for--
(i) attorneys and administrative support
staff in the Office of the United States
Attorney for Tucson;
(ii) support staff and interpreters in the
Office of the Clerk of the Court for Tucson;
(iii) pre-trial services;
(iv) activities of the Federal Public
Defender Office for Tucson; and
(v) additional personnel, including Deputy
United States Marshals in the United States
Marshals Office for Tucson to perform intake,
coordination, transportation, and court
security; and
(B) reimburse Federal, 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. Grants under this
subsection shall be allocated based on sector-specific border
risk methodology, based on factors including threat,
vulnerability, miles of border, and other border-specific
information. Allocations for grants and reimbursements to law
enforcement agencies under this paragraph shall be made by the
Federal Emergency Management Agency through a competitive
process.
(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 U.S. 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) Safe and secure border infrastructure.--The Secretary
and the Secretary of Transportation, in consultation with the
governors of the States in the Southwest border region and the
Northern border region, shall establish a grant program, which
shall be administered by the Secretary of Transportation and
the General Services Administration, to construct
transportation and supporting infrastructure improvements at
existing and new international border crossings necessary to
facilitate safe, secure, and efficient cross border movement of
people, motor vehicles, and cargo.
(4) 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.
(d) Additional Permanent District Court Judgeships in Southwest
Border States.--
(1) In general.--The President shall appoint, by and with
the advice and consent of the Senate--
(A) 2 additional district judges for the district
of Arizona;
(B) 3 additional district judges for the eastern
district of California;
(C) 2 additional district judges for the western
district of Texas; and
(D) 1 additional district judge for the southern
district of Texas.
(2) Conversions of temporary district court judgeships.--
The existing judgeships for the district of Arizona and the
central district of California authorized by section 312(c) of
the 21st Century Department of Justice Appropriations
Authorization Act (28 U.S.C. 133 note; Public Law 107-273; 116
Stat. 1788), as of the effective date of this Act, shall be
authorized under section 133 of title 28, United States Code,
and the incumbents in those offices shall hold the office under
section 133 of title 28, United States Code, as amended by this
Act.
(3) Technical and conforming amendments.--The table
contained in section 133(a) of title 28, United States Code, is
amended--
(A) by striking the item relating to the district
of Arizona and inserting the following:
``Arizona.................................................. 15'';
(B) by striking the item relating to California and
inserting the following:
``California:
Northern............................. 14
Eastern.............................. 9
Central.............................. 28
Southern............................. 13''; and
(C) by striking the item relating to Texas and
inserting the following:
``Texas:
Northern............................. 12
Southern............................. 20
Eastern.............................. 7
Western.............................. 15''.
(4) Increase in filing fees.--
(A) In general.--Section 1914(a) of title 28,
United States Code, is amended by striking ``$350'' and
inserting ``$360''.
(B) Expenditure limitation.--Incremental amounts
collected by reason of the enactment of this paragraph
shall be deposited as offsetting receipts in the
``Judiciary Filing Fee'' special fund of the Treasury
established under section 1931 of title 28, United
States Code. Such amounts shall be available solely for
the purpose of facilitating the processing of civil
cases, but only to the extent specifically appropriated
by an Act of Congress enacted after the date of the
enactment of this Act.
(5) Whistleblower protection.--
(A) In general.--No officer, employee, agent,
contractor, or subcontractor of the judicial branch may
discharge, demote, threaten, suspend, harass, or in any
other manner discriminate against an employee in the
terms and conditions of employment because of any
lawful act done by the employee to provide information,
cause information to be provided, or otherwise assist
in an investigation regarding any possible violation of
Federal law or regulation, or misconduct, by a judge,
justice, or any other employee in the judicial branch,
which may assist in the investigation of the possible
violation or misconduct.
(B) Civil action.--An employee injured by a
violation of subparagraph (A) may, in a civil action,
obtain appropriate relief.
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 personnel 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 unarmed, 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 rotorcraft and make upgrades to the
existing helicopter fleet;
(5) increase horse patrols in the Southwest border region;
and
(6) acquire and deploy watercraft and other equipment to
provide support for border-related maritime anti-crime
activities.
(b) Limitation.--
(1) In general.--Notwithstanding paragraphs (1) and (2) of
subsection (a), and except as provided in paragraph (2), U.S.
Border Patrol may not operate unarmed, unmanned aerial vehicles
in the San Diego and El Centro Sectors, except within 3 miles
of the Southern border.
(2) Exception.--The limitation under this subsection shall
not restrict the maritime operations of U.S. Customs and Border
Protection.
(c) 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.
(c) Distress Beacons.--
(1) In general.--The Commissioner of U.S. Customs and
Border Protection, working through U.S. Border Patrol, shall--
(A) identify areas near the Northern border and the
Southern border where migrant deaths are occurring due
to climatic and environmental conditions; and
(B) deploy up to 1,000 beacon stations in the areas
identified pursuant to subparagraph (A).
(2) Features.--Beacon stations deployed pursuant to
paragraph (1) should--
(A) include a self-powering mechanism, such as a
solar-powered radio button, to signal U.S. Border
Patrol personnel or other emergency response personnel
that a person at that location is in distress;
(B) include a self-powering cellular phone relay
limited to 911 calls to allow persons in distress in
the area who are unable to get to the beacon station to
signal their location and access emergency personnel;
and
(C) be movable to allow U.S. Border Patrol to
relocate them as needed--
(i) to mitigate migrant deaths;
(ii) to facilitate access to emergency
personnel; and
(iii) to address any use of the beacons for
diversion by criminals.
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, pretrial services and detention, clerical support, and
public defenders' services associated with the prosecution of federally
initiated immigration-related criminal cases declined by local offices
of the United States Attorneys.
(b) Exception.--Reimbursement under subsection (a) shall not be
available, at the discretion of the Attorney General, if the Attorney
General determines that there is reason to believe that the
jurisdiction seeking reimbursement has engaged in unlawful conduct in
connection with immigration-related apprehensions.
(c) 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. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.
(a) SCAAP Reauthorization.--Section 241(i)(5)(C) (8 U.S.C.
1231(i)(5)) is amended by striking ``2011.'' and inserting ``2015.''.
(b) SCAAP Assistance for States.--
(1) Assistance for states incarcerating undocumented aliens
charged with certain crimes.--Section 241(i)(3)(A) (8 U.S.C.
1231(i)(3)(A)) is amended by inserting ``charged with or''
before ``convicted''.
(2) Assistance for states incarcerating unverified
aliens.--Section 241(i) (8 U.S.C. 1231(i)), as amended by
subsection (a), is further amended--
(A) by redesignating paragraphs (4), (5), and (6),
as paragraphs (5), (6), and (7), respectively;
(B) in paragraph (7), as so redesignated, by
striking ``(5)'' and inserting ``(6)''; and
(C) by adding after paragraph (3) the following:
``(4) In the case of an alien whose immigration status is
unable to be verified by the Secretary of Homeland Security,
and who would otherwise be an undocumented criminal alien if
the alien is unlawfully present in the United States, the
Attorney General shall compensate the State or political
subdivision of the State for incarceration of the alien,
consistent with subsection (i)(2).''.
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 agents, U.S. Immigration
and Customs Enforcement officers and agents, United States Air and
Marine Division 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.
(c) Humane Conditions of Confinement for Children in U.S. Customs
and Border Protection Custody.--Not later than 90 days after the date
of the enactment of this Act, the Secretary shall establish standards
to ensure that children in the custody of U.S. Customs and Border
Protection--
(1) are afforded adequate medical and mental health care,
including emergency medical and mental health care, when
necessary;
(2) receive adequate nutrition;
(3) are provided with climate-appropriate clothing,
footwear, and bedding;
(4) have basic personal hygiene and sanitary products; and
(5) are permitted to make supervised phone calls to family
members.
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 and tribal 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 33 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) 14 members shall be from the Northern
border region and shall include--
(I) 2 local government elected
officials;
(II) 2 local law enforcement
officials;
(III) 2 tribal government
officials;
(IV) 2 civil rights advocates;
(V) 1 business representative;
(VI) 1 higher education
representative;
(VII) 1 private land owner
representative;
(VIII) 1 representative of a faith
community; and
(IX) 2 representatives of U.S.
Border Patrol; and
(ii) 19 members shall be from the Southern
border region and include--
(I) 3 local government elected
officials;
(II) 3 local law enforcement
officials; (aa)
(III) 2 tribal government
officials;
(IV) 3 civil rights advocates;
(V) 2 business representatives;
(VI) 1 higher education
representative;
(VII) 2 private land owner
representatives;
(VIII) 1 representative of a faith
community; and
(IX) 2 representatives of U.S.
Border Patrol.
(B) 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.
(C) 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 16 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. If the Secretary disagrees
with any finding of the DHS Task Force, the Secretary shall
provide an explanation for the disagreement.
(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 for which the DHS
Task Force should be responsible 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. OMBUDSMAN FOR IMMIGRATION RELATED CONCERNS OF THE DEPARTMENT
OF HOMELAND SECURITY.
(a) Establishment.--Title I of the Homeland Security Act of 2002 (6
U.S.C. 111 et seq.) is amended by adding at the end the following new
section:
``SEC. 104. OMBUDSMAN FOR IMMIGRATION RELATED CONCERNS.
``(a) In General.--There shall be within the Department an
Ombudsman for Immigration Related Concerns (in this section referred to
as the `Ombudsman'). The individual appointed as Ombudsman shall have a
background in immigration law as well as civil and human rights law.
The Ombudsman shall report directly to the Deputy Secretary.
``(b) Functions.--The functions of the Ombudsman shall be as
follows:
``(1) To receive and resolve complaints from individuals
and employers and assist in resolving problems with the
immigration components of the Department.
``(2) To conduct inspections of the facilities or contract
facilities of the immigration components of the Department.
``(3) To assist individuals and families who have been the
victims of crimes committed by aliens or violence near the
United States border.
``(4) To identify areas in which individuals and employers
have problems in dealing with the immigration components of the
Department.
``(5) To the extent practicable, to propose changes in the
administrative practices of the immigration components of the
Department to mitigate problems identified under paragraph (4).
``(6) To review, examine, and make recommendations
regarding the immigration and enforcement policies, strategies,
and programs of U.S. Customs and Border Protection, U.S.
Immigration and Customs Enforcement, and U.S. Citizenship and
Immigration Services.
``(c) Other Responsibilities.--In addition to the functions
specified in subsection (b), the Ombudsman shall--
``(1) monitor the coverage and geographic allocation of
local offices of the Ombudsman, including appointing a local
ombudsman for immigration related concerns; and
``(2) evaluate and take personnel actions (including
dismissal) with respect to any employee of the Ombudsman.
``(d) Request for Investigations.--The Ombudsman shall have the
authority to request the Inspector General of the Department of
Homeland Security to conduct inspections, investigations, and audits.
``(e) Coordination With Department Components.--The Director of
U.S. Citizenship and Immigration Services, the Assistant Secretary of
Immigration and Customs Enforcement, and the Commissioner of Customs
and Border Protection shall each establish procedures to provide formal
responses to recommendations submitted to such official by the
Ombudsman.
``(f) Annual Reports.--Not later than June 30 of each year, the
Ombudsman shall submit a report to the Committee on the Judiciary of
the Senate and the Committee on the Judiciary of the House of
Representatives on the objectives of the Ombudsman for the fiscal year
beginning in such calendar year. Each report shall contain full and
substantive analysis, in addition to statistical information, and shall
set forth any recommendations the Ombudsman has made on improving the
services and responsiveness of U.S. Citizenship and Immigration
Services, U.S. Immigration and Customs Enforcement, and U.S. Customs
and Border Protection and any responses received from the Department
regarding such recommendations.''.
(b) Repeal of Superseded Authority.--Section 452 of the Homeland
Security Act of 2002 (6 U.S.C. 272) is repealed.
(c) Clerical Amendments.--The table of contents for the Homeland
Security Act of 2002 is amended--
(1) by inserting after the item relating to section 103 the
following new item:
``Sec. 104. Ombudsman for Immigration Related Concerns.''; and
(2) by striking the item relating to section 452.
SEC. 1115. PROTECTION OF FAMILY VALUES IN APPREHENSION PROGRAMS.
(a) Definitions.--In this section:
(1) Apprehended individual.--The term ``apprehended
individual'' means an individual apprehended by personnel of
the Department of Homeland Security or of a cooperating entity
pursuant to a migration deterrence program carried out at a
border.
(2) Border.--The term ``border'' means an international
border of the United States.
(3) Child.--Except as otherwise specifically provided, the
term ``child'' has the meaning given to the term in section
101(b)(1) of the Immigration and Nationality Act (8 U.S.C.
1101(b)(1)).
(4) Cooperating entity.--The term ``cooperating entity''
means a State or local entity acting pursuant to an agreement
with the Secretary.
(5) Migration deterrence program.--The term ``migration
deterrence program'' means an action related to the
repatriation or referral for prosecution of 1 or more
apprehended individuals for a suspected or confirmed violation
of the Immigration and Nationality Act (8 U.S.C. 1001 et seq.)
by the Secretary or a cooperating entity.
(b) Procedures for Migration Deterrence Programs at the Border.--
(1) Procedures.--In any migration deterrence program
carried out at a border, the Secretary and cooperating entities
shall for each apprehended individual--
(A) as soon as practicable after such individual is
apprehended--
(i) inquire as to whether the apprehended
individual is--
(I) a parent, legal guardian, or
primary caregiver of a child; or
(II) traveling with a spouse or
child; and
(ii) ascertain whether repatriation of the
apprehended individual presents any
humanitarian concern or concern related to such
individual's physical safety; and
(B) ensure that, with respect to a decision related
to the repatriation or referral for prosecution of the
apprehended individual, due consideration is given--
(i) to the best interests of such
individual's child, if any;
(ii) to family unity whenever possible; and
(iii) to other public interest factors,
including humanitarian concerns and concerns
related to the apprehended individual's
physical safety.
(c) Mandatory Training.--The Secretary, in consultation with the
Secretary of Health and Human Services, the Attorney General, the
Secretary of State, and independent immigration, child welfare, family
law, and human rights law experts, shall--
(1) develop and provide specialized training for all
personnel of U.S. Customs and Border Protection and cooperating
entities who come into contact with apprehended individuals in
all legal authorities, policies, and procedures relevant to the
preservation of a child's best interest, family unity, and
other public interest factors, including those described in
this Act; and
(2) require border enforcement personnel to undertake
periodic and continuing training on best practices and changes
in relevant legal authorities, policies, and procedures
pertaining to the preservation of a child's best interest,
family unity, and other public interest factors, including
those described in this Act.
(d) Annual Report on the Impact of Migration Deterrence Programs at
the Border.--
(1) Requirement for annual report.--Not later than 1 year
after the date of the enactment of this Act, and annually
thereafter, the Secretary shall submit to Congress a report
that describes the impact of migration deterrence programs on
parents, legal guardians, primary caregivers of a child,
individuals traveling with a spouse or child, and individuals
who present humanitarian considerations or concerns related to
the individual's physical safety.
(2) Contents.--Each report submitted under paragraph (1)
shall include for the previous 1-year period an assessment of--
(A) the number of apprehended individuals removed,
repatriated, or referred for prosecution who are the
parent, legal guardian, or primary caregiver of a child
who is a citizen of the United States;
(B) the number of occasions in which both parents,
or the primary caretaker of such a child was removed,
repatriated, or referred for prosecution as part of a
migration deterrence program;
(C) the number of apprehended individuals traveling
with close family members who are removed, repatriated,
or referred for prosecution.
(D) the impact of migration deterrence programs on
public interest factors, including humanitarian
concerns and physical safety.
(e) Regulations.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall promulgate regulations to
implement this section.
SEC. 1116. OVERSIGHT OF POWER TO ENTER PRIVATE LAND AND STOP VEHICLES
WITHOUT A WARRANT AT THE NORTHERN BORDER.
(a) In General.--Section 287(a) (8 U.S.C. 1357(a)) is amended--
(1) in paragraph (5), by redesignating subparagraphs (A)
and (B) as clauses (i) and (ii), respectively;
(2) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively;
(3) by redesignating paragraphs (4) and (5) as
subparagraphs (F) and (G), respectively;
(4) in the matter preceding subparagraph (A), as so
redesignated--
(A) by inserting ``(1)'' before ``Any officer'';
(B) by striking ``Service'' and inserting
``Department of Homeland Security''; and
(C) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security'';
(5) in paragraph (1)(C), as so redesignated, by inserting
the following at the beginning: ``except as provided in
subparagraphs (D) and (E),'';
(6) by inserting after paragraph (1)(C) the following:
``(D) with respect to the Northern border, as defined in
section 1101 of the Border Security, Economic Opportunity, and
Immigration Enforcement Act, within a distance of 25 air miles
from the Northern border, or such distance from the Northern
border as may be prescribed by the Secretary pursuant to
paragraph (2) of this subsection, to board and search for
aliens any vessel within the territorial waters of the United
States and any railway car, aircraft, conveyance, or vehicle
for the purpose of patrolling the border to prevent the illegal
entry of aliens into the United States;
``(E) with respect to the Northern border, as defined in
section 1101 of the Border Security, Economic Opportunity, and
Immigration Enforcement Act, within a distance of 10 air miles
from the Northern border, or such distance from the Northern
border as may be prescribed by the Secretary pursuant to
paragraph (2) of this subsection, to have access to private
lands, but not dwellings, for the purpose of patrolling the
border to prevent the illegal entry of aliens into the United
States;'';
(7) by inserting after the flush text at the end of
subparagraph (F), as so redesignated, the following:
``(2)(A)(i) The Secretary of Homeland Security may establish for a
Northern border sector or district a distance less than or greater than
25 air miles, but in no case greater than 100 air miles, as the maximum
distance from the Northern border in which the authority described in
paragraph (1)(C) may be exercised, if the Secretary certifies that such
a distance is necessary for the purpose of patrolling the Northern
border to prevent the illegal entry of aliens into the United States,
and justified by the considerations listed in subparagraph (B).
``(ii) The Secretary of Homeland Security may establish for a
Northern border sector or district a distance less than or greater than
10 air miles, but in no case greater than 25 air miles, as the maximum
distance from the Northern border of the United States in which the
authority described in paragraph (1)(D) may be exercised, if the
Secretary certifies that such a distance is necessary for the purpose
of patrolling the Northern border to prevent the illegal entry of
aliens into the United States, and justified by the considerations
listed in subparagraph (B).
``(B) In making the certifications described in subparagraph (A),
the Secretary shall consider, as appropriate, land topography,
confluence of arteries of transportation leading from external
boundaries, density of population, possible inconvenience to the
traveling public, types of conveyances used, reliable information as to
movements of persons effecting illegal entry into the United States,
effects on private property and quality of life for relevant
communities and residents, consultations with affected State, local,
and tribal governments, including the governor of any relevant State,
and other factors that the Secretary considers appropriate.
``(C) A certification made under subparagraph (A) shall be valid
for a period of 5 years and may be renewed for additional 5-year
periods. If the Secretary finds at any time that circumstances no
longer justify a certification, the Secretary shall terminate the
certification.
``(D) The Secretary shall report annually to the Committee on the
Judiciary and Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on the Judiciary and Committee on
Homeland Security of the House of Representatives the number of
certifications made under subparagraph (A), and for each such
certification, the Northern border sector or district and reasonable
distance prescribed, the period of time the certification has been in
effect, and the factors justifying the certification.''.
(b) Technical and Conforming Amendments.--
(1) Authorities without a warrant.--In section 287(a) (8
U.S.C. 1357(a)), the undesignated matter following paragraph
(2), as added by subsection (a)(5), is amended--
(A) by inserting ``(3)'' before ``Under
regulations'';
(B) by striking ``paragraph (5)(B)'' both places
that term appears and inserting ``subparagraph
(F)(ii)'';
(C) by striking ``(i)'' and inserting ``(A)'';
(D) by striking ``(ii) establish'' and inserting
``(B) establish'';
(E) by striking ``(iii) require'' and inserting
``(C) require''; and
(F) by striking ``clause (ii), and (iv)'' and
inserting ``subparagraph (B), and (D)''.
(2) Conforming amendment.--Section 287(e) (8 U.S.C.
1357(e)) is amended by striking ``paragraph (3) of subsection
(a),'' and inserting ``subsection (a)(1)(D),''.
SEC. 1117. 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, the Committee on Homeland Security of the House of
Representatives, the Committee on the Judiciary of the Senate, and the
Committee on the Judiciary 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 are
under persistent surveillance;
(3) the monthly wait times per passenger, including data on
averages and peaks, for crossing the Northern border and the
Southern border, and the staffing of such border crossings;
(4) the allocations at each port of entry along the
Northern border and the Southern border; and
(5) the number of migrant deaths occurring near the
Northern border and the Southern border and the efforts that
have been undertaken to mitigate such deaths.
(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 the Judiciary of the Senate;
(4) the Committee on Armed Services of the House of
Representatives;
(5) the Committee on Homeland Security of the House of
Representatives; and
(6) the Committee on the Judiciary of the House of
Representatives.
SEC. 1118. SEVERABILITY AND DELEGATION.
(a) 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.
(b) Delegation.--The Secretary may delegate any authority provided
to the Secretary under this Act or an amendment made by this Act to the
Secretary of Agriculture, the Attorney General, the Secretary of
Defense, the Secretary of Health and Human Services, the Secretary of
State, or the Commissioner of Social Security.
SEC. 1119. PROHIBITION ON NEW LAND BORDER CROSSING FEES.
(a) In General.--Beginning on the date of the enactment of this
Act, the Secretary shall not--
(1) establish, collect, or otherwise impose any new border
crossing fee on individuals crossing the Southern border or the
Northern border at a land port of entry; or
(2) conduct any study relating to the imposition of a
border crossing fee.
(b) Border Crossing Fee Defined.--In this section, the term
``border crossing fee'' means a fee that every pedestrian, cyclist, and
driver and passenger of a private motor vehicle is required to pay for
the privilege of crossing the Southern border or the Northern border at
a land port of entry.
SEC. 1120. HUMAN TRAFFICKING REPORTING.
(a) Short Title.--This section may be cited as the ``Human
Trafficking Reporting Act of 2013''.
(b) Findings.--Congress finds the following:
(1) Human trafficking is a form of modern-day slavery.
(2) According to the Trafficking Victims Protection Act of
2000 ``severe forms of trafficking in persons'' means--
(A) sex trafficking in which a commercial sex act
is induced by force, fraud, or coercion, or in which
the person induced to perform such act has not attained
18 years of age; or
(B) the recruitment, harboring, transportation,
provision, or obtaining of a person for labor or
services, through the use of force, fraud, or coercion
for the purpose of subjection to involuntary servitude,
peonage, debt bondage, or slavery.
(3) There is an acute need for better data collection of
incidents of human trafficking across the United States in
order to effectively combat severe forms of trafficking in
persons.
(4) The State Department's 2012 Trafficking in Persons
report found that--
(A) the United States is a ``source, transit and
destination country for men, women, and children,
subjected to forced labor, debt bondage, domestic
servitude and sex trafficking,''; and
(B) the United States needs to ``improve data
collection on human trafficking cases at the federal,
state and local levels''.
(5) The International Organization for Migration has
reported that in order to effectively combat human trafficking
there must be reliable and standardized data, however, the
following barriers for data collection exist:
(A) The illicit and underground nature of human
trafficking.
(B) The reluctance of victims to share information
with authorities.
(C) Insufficient human trafficking data collection
and research efforts by governments worldwide.
(6) A 2009 report to the Department of Health and Human
Services entitled Human Trafficking Into and Within the United
States: A Review of the Literature found that ``the data and
methodologies for estimating the prevalence of human
trafficking globally and nationally are not well developed, and
therefore estimates have varied widely and changed
significantly over time''.
(7) The Federal Bureau of Investigation compiles national
crime statistics through the Uniform Crime Reporting Program.
(8) Under current law, State and local governments
receiving Edward Byrne Memorial Justice Assistance grants are
required to share data on part 1 violent crimes with the
Federal Bureau of Investigation for inclusion in the Uniform
Crime Reporting Program.
(9) The addition of severe forms of trafficking in persons
to the definition of part 1 violent crimes will ensure that
statistics on this heinous crime will be compiled and available
through the Federal Bureau of Investigation's Uniform Crime
Report.
(c) Human Trafficking To Be Included in Part 1 Violent Crimes for
Purposes of Byrne Grants.--Section 505 of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3755) is amended by adding at the
end the following new subsection:
``(i) Part 1 Violent Crimes To Include Human Trafficking.--For
purposes of this section, the term `part 1 violent crimes' shall
include severe forms of trafficking in persons, as defined in section
103(8) of the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102(8)).''.
SEC. 1121. RULE OF CONSTRUCTION.
Nothing in this Act may be construed to authorize the deployment,
procurement, or construction of fencing along the Northern border.
SEC. 1122. LIMITATIONS ON DANGEROUS DEPORTATION PRACTICES.
(a) Certification Required.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, and every 180 days thereafter, the
Secretary, except as provided in paragraph (2), shall submit
written certification to Congress that the Department has only
deported or otherwise removed a migrant from the United States
through an entry or exit point on the Southern border during
daylight hours.
(2) Exception.--The certification required under paragraph
(1) shall not apply to the deportation or removal of a migrant
otherwise described in that paragraph if--
(A) the manner of the deportation or removal is
justified by a compelling governmental interest;
(B) the manner of the deportation or removal is in
accordance with an applicable Local Arrangement for the
Repatriation of Mexican Nationals entered into by the
appropriate Mexican Consulate; or
(C) the migrant is not an unaccompanied minor and
the migrant--
(i) is deported or removed through an entry
or exit point in the same sector as the place
where the migrant was apprehended; or
(ii) agrees to be deported or removed in
such manner after being notified of the
intended manner of deportation or removal.
(b) Additional Information Required.--Not later than 1 year after
the date of the enactment of this Act, the Secretary shall submit to
Congress a study of the Alien Transfer Exit Program, which shall
include--
(1) the specific locations on the Southern border where
lateral repatriations have occurred during the 1-year period
preceding the submission of the study;
(2) the performance measures developed by U.S. Customs and
Border Protection to determine if the Alien Transfer Exit
Program is deterring migrants from repeatedly crossing the
border or otherwise reducing recidivism; and
(3) the consideration given, if any, to the rates of
violent crime and the availability of infrastructure and social
services in Mexico near such locations.
(c) Prohibition on Confiscation of Property.--Notwithstanding any
other provision of law, lawful, nonperishable belongings of a migrant
that are confiscated by personnel operating under Federal authority
shall be returned to the migrant before repatriation, to the extent
practicable. (1)
SEC. 1123. MAXIMUM ALLOWABLE COSTS OF SALARIES OF CONTRACTOR EMPLOYEES.
Section 4304(a)(16) of title 41, United States Code, is amended by
inserting before the period at the end the following: ``, except that
in the case of contracts with the Department of Homeland Security or
the National Guard while operating in Federal status that relate to
border security, the limit on the costs of compensation of all
executives and employees of contractors is the annual amount payable
under the aggregate limitation on pay as established by the Office of
Management and Budget (currently $230,700)''.
Subtitle B--Other Matters
SEC. 1201. REMOVAL OF NONIMMIGRANTS WHO OVERSTAY THEIR VISAS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall initiate removal
proceedings, in accordance with chapter 4 of title II of the
Immigration and Nationality Act (8 U.S.C. 1221 et seq.), confirm that
immigration relief or protection has been granted or is pending, or
otherwise close 90 percent of the cases of nonimmigrants who--
(1) were admitted to the United States as nonimmigrants
after the date of the enactment of this Act; and
(2) during the most recent 12-month period, have entered
the category of having exceeded their authorized period of
admission by more than 180 days.
(b) Semiannual Report.--Every 6 months after the date of the
enactment of this Act, the Secretary shall submit a report to Congress
that identifies--
(1) the total number of nonimmigrants who the Secretary has
determined have exceeded their authorized period of admission
by more than 180 days after the date of the enactment of this
Act, categorized by--
(A) the type of visa that authorized their entry
into the United States;
(B) their country of origin; and
(C) the length of time since their visa expired.
(2) an estimate of the total number of nonimmigrants who
are physically present in the United States and have exceeded
their authorized period of admission by more than 180 days
after the date of the enactment of this Act;
(3) for the most recent 6-month and 12-month periods--
(A) the total number of removal proceedings that
were initiated against nonimmigrants who were
physically present in the United States more than 180
days after the expiration of the period for which they
were lawfully admitted; and
(B) as a result of the removal proceedings
described in paragraph (A)--
(i) the total number of removals pending;
(ii) the total number of nonimmigrants who
were ordered to be removed from the United
States;
(iii) the total number of nonimmigrants
whose removal proceedings were cancelled; and
(iv) the total number of nonimmigrants who
were granted immigration relief or protection
in removal proceedings.
(c) Estimated Population.--Each report submitted under subsection
(b) shall include a comprehensive, detailed explanation of and
justification for the methodology used to estimate the population
described in subsection (a).
SEC. 1202. VISA OVERSTAY NOTIFICATION PILOT PROGRAM.
(a) Establishment of Pilot Program.--Not later than 1 year after
the date of enactment of this Act, the Secretary shall establish a
pilot program to explore the feasibility and effectiveness of notifying
individuals who have traveled to the United States from a foreign
nation that the terms of their admission to the United States are about
to expire, including individuals that entered with a visa or through
the visa waiver program.
(b) Requirements.--In establishing the pilot program required under
subsection (a), the Secretary shall--
(1) provide for the collection of contact information,
including telephone numbers and email addresses, as
appropriate, of individuals traveling to the United States from
a foreign nation; and
(2) randomly select a pool of participants in order to form
a statistically significant sample of people who travel to the
United States each year to receive notification by telephone,
email, or other electronic means that the terms of their
admission to the United States is about to expire.
(c) Report.--Not later than 1 year after the date on which the
Secretary establishes the pilot program under subsection (a), the
Secretary shall submit to Congress a report on whether the telephone or
email notifications have a statistically significant effect on reducing
the rates of visa overstays in the United States.
SEC. 1203. PREVENTING UNAUTHORIZED IMMIGRATION TRANSITING THROUGH
MEXICO.
(a) In General.--The Secretary of State, in coordination with the
Secretary of Homeland Security, shall develop, in consultation with the
relevant Committees of Congress, a strategy to address the unauthorized
immigration of individuals who transit through Mexico to the United
States.
(b) Requirements.--The strategy developed under subsection (a)
shall include specific steps--
(1) to enhance the training, resources, and professionalism
of border and law enforcement officials in Mexico, Honduras, El
Salvador, Guatemala, and other countries, as appropriate; and
(2) to educate nationals of the countries described in
paragraph (1) about the perils of the journey to the United
States, including how this Act will increase the likelihood of
apprehension, increase criminal penalties associated with
illegal entry, and make finding employment in the United States
more difficult.
(c) Implementation of Strategy.--In carrying out the strategy
developed under subsection (a)--
(1) the Secretary of Homeland Security, in conjunction with
the Secretary of State, shall produce an educational campaign
and disseminate information about the perils of the journey
across Mexico, the likelihood of apprehension, and the
difficulty of finding employment in the United States; and
(2) the Secretary of State, in coordination with the
Secretary of Homeland Security, shall offer--
(A) training to border and law enforcement
officials to enable these officials to operate more
effectively, by using, to the greatest extent
practicable, Department of Homeland Security personnel
to conduct the training; and
(B) technical assistance and equipment to border
officials, including computers, document readers, and
other forms of technology that may be needed, as
appropriate.
(d) Availability of Funds.--The Secretary of Homeland Security may
use such sums as are necessary from the Comprehensive Immigration Trust
Fund established under section 6(a)(1) to carry out this section.
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 and in
sections 245C through 245F 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 the Border Security,
Economic Opportunity, and Immigration
Modernization Act 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
violations 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 inadmissible under section
212(a), except that in determining an alien's
inadmissibility--
``(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) is an alien who 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 April 16, 2013--
``(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 may classify the spouse
or child of a registered provisional immigrant as a
registered provisional immigrant dependent if the
spouse or child--
``(i) was physically present in the United
States on or before December 31, 2012, and has
maintained continuous presence in the United
States from that date until the date on which
the registered provisional immigrant is granted
such status, with the exception of absences
from the United States that are brief, casual,
and innocent, whether or not such absences were
authorized by the Secretary; and
``(ii) meets all of the eligibility
requirements set forth in this subsection,
other than the requirements of clause (ii) or
(iii) of paragraph (2)(A).
``(B) Effect of termination of legal relationship
or domestic violence.--If the spousal or parental
relationship between an alien who is granted registered
provisional immigrant status under this section and the
alien's spouse or child is terminated due to death or
divorce or the spouse or child has been battered or
subjected to extreme cruelty by the alien (regardless
of whether the legal relationship terminates), the
spouse or child may apply for classification as a
registered provisional immigrant.
``(C) Effect of disqualification of parent.--
Notwithstanding subsection (c)(3), 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 or spouse.
``(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.--
``(i) In general.--The application form
referred to in paragraph (1) shall collect such
information as the Secretary determines to be
necessary and appropriate, including, for the
purpose of understanding immigration trends--
``(I) an explanation of how, when,
and where the alien entered the United
States;
``(II) the country in which the
alien resided before entering the
United States; and
``(III) other demographic
information specified by the Secretary.
``(ii) Privacy protections.--Information
described in subclauses (I) through (III) of
clause (i), which shall be provided anonymously
by the applicant on the application form
referred to in paragraph (1), shall be subject
to the same confidentiality provisions as those
set forth in section 9 of title 13, United
States Code.
``(iii) Report.--The Secretary shall submit
a report to Congress that contains a summary of
the statistical data about immigration trends
collected pursuant to clause (i).
``(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, subject to
subparagraph (D), 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
clauses (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.--Subject to subparagraph (D) and
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.
``(D) Crime victims' rights to notice and
consultation.--Prior to applying, or exercising, any
authority under this paragraph, or ruling upon an
application allowed under subparagraph (C) the
Secretary shall--
``(i) determine whether or not an alien
described under subparagraph (B) or (C) has a
conviction for any criminal offense;
``(ii) in consultation with the agency that
prosecuted the criminal offense under clause
(i), if the agency, in the sole discretion of
the agency, is willing to cooperate with the
Secretary, make all reasonable efforts to
identify each victim of a crime for which an
alien determined to be a criminal under clause
(i) has a conviction;
``(iii) in consultation with the agency
that prosecuted the criminal offense under
clause (i), if the agency, in the sole
discretion of the agency, is willing to
cooperate with the Secretary, make all
reasonable efforts to provide each victim
identified under clause (ii) with written
notice that the alien is being considered for a
waiver under this paragraph, specifying in such
notice that the victim may--
``(I) take no further action;
``(II) request written notification
by the Secretary of any subsequent
application for waiver filed by the
criminal alien under this paragraph and
of the final determination of the
Secretary regarding such application;
or
``(III) not later than 60 days
after the date on which the victim
receives written notice under this
clause, request a consultation with the
Secretary relating to whether the
application of the offender should be
granted and if the victim cannot be
located or if no response is received
from the victim within the designated
time period, the Secretary shall
proceed with adjudication of the
application; and
``(iv) at the request of a victim under
clause (iii), consult with the victim to
determine whether or not the Secretary should,
in the case of an alien who is determined under
clause (i) to have a conviction for any
criminal offense, exercise waiver authority for
an alien described under subparagraph (B), or
grant the application of an alien described
under subparagraph (C).
``(E) Crime victims' right to intervention.--In
addition to the victim notification and consultation
provided for in subparagraph (D), the Secretary shall
allow the victim of a criminal alien described under
subparagraph (B) or (C) to request consultation
regarding, or notice of, any application for waiver
filed by the criminal alien under this paragraph,
including the final determination of the Secretary
regarding such application.
``(F) Confidentiality protections for crime
victims.--The Secretary and the Attorney General may
not make an adverse determination of admissibility or
deportability of any alien who is a victim and not
lawfully present in the United States based solely on
information supplied or derived in the process of
identification, notification, or consultation under
this paragraph.
``(G) Reports required.--Not later than September
30 of each fiscal year in which the Secretary exercises
authority under this paragraph to rule upon the
application of a criminal offender allowed under
subparagraph (C), the Secretary shall submit to the
Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of
Representatives a report detailing the execution of the
victim identification and notification process required
under subparagraph (D), which shall include--
``(i) the total number of criminal
offenders who have filed an application under
subparagraph (C) and the crimes committed by
such offenders;
``(ii) the total number of criminal
offenders whose application under subparagraph
(C) has been granted and the crimes committed
by such offenders; and
``(iii) the total number of victims of
criminal offenders under clause (ii) who were
not provided with written notice of the
offender's application and the crimes committed
against the victims.
``(H) Definition.--In this paragraph, the term
`victim' has the meaning given the term in section
503(e) of the Victims' Rights and Restitution Act of
1990 (42 U.S.C. 10607(e)).
``(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 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 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 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) Additional security screening.--The
Secretary, in consultation with the Secretary
of State and other interagency partners, shall
conduct an additional security screening upon
determining, in the Secretary's opinion based
upon information related to national security,
that an alien or alien dependent spouse or
child is or was a citizen or long-term resident
of a region or country known to pose a threat,
or that contains groups or organizations that
pose a threat, to the national security of the
United States.
``(iii) Prerequisite.--The required
clearances and screenings described in clauses
(i)(I) and (ii) 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);
``(III) the alien has successfully
passed background checks that are
equivalent to the background checks
described in section 245D(b)(1)(E); and
``(IV) 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
Immigration Examinations Fee Account pursuant
to section 286(m); and
``(ii) shall remain available until
expended pursuant to section 286(n).
``(C) Penalty.--
``(i) Payment.--In addition to the
processing fee required under subparagraph (A),
aliens not described in section 245D(b)(A)(ii)
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 permits the
penalty under that clause 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;
``(iii) is convicted of fraudulently
claiming or receiving a Federal means-tested
benefit (as defined and implemented in section
403 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8
U.S.C. 1613)) after being granted registered
provisional immigrant status; or
``(iv) 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.--
``(A) In general.--An alien who has been granted
registered provisional immigrant status under this
section is not eligible for any Federal means-tested
public benefit (as defined and implemented in section
403 of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1613)).
``(B) Audits.--The Secretary of Health and Human
Services shall conduct regular audits to ensure that
registered provisional immigrants are not fraudulently
receiving any of the benefits described in subparagraph
(A).
``(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 for his or her coverage;
``(B) shall be subject to the rules applicable to
individuals not lawfully present that are set forth in
subsection (e) of such section;
``(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); and
``(D) shall be subject to the rules applicable to
individuals not lawfully present set forth in section
5000A(d)(3) of the Internal Revenue Code of 1986.
``(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 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 inadmissibility.--
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 Federal income taxes
assessed in accordance with section 6203 of the
Internal Revenue Code of 1986 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 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, including a
public 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
and technical 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 high school
equivalency diploma, certificate, 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
or completed other applicable State
requirements for high school equivalency.
``(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 for an extension of
registered provisional immigrant status
or at least 65 years of age on the date
on which the alien's application for
adjustment of status is filed 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 on or after the date on which the alien's
application for registered provisional immigrant status is
granted.
``(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
Immigration Examinations Fee Account
pursuant to section 286(m); and
``(II) shall remain available until
expended pursuant to section 286(n).
``(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 under section 245B of
the Immigration and Nationality Act, as added by subsection (a), may
only adjust status to an alien lawfully admitted for permanent resident
status under section 245C or 245D of such Act or section 2302.
(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 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, a
commensurate alternative award from a public or
private high school or secondary school, or has
obtained a general education development
certificate recognized under State law, or a
high school equivalency diploma 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 under section 312(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 national 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 national
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 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
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 section 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 in registered
provisional immigrant status, except for an alien
described in paragraph (1)(A)(ii) pursuant to section
328 or 329.''.
(c) Exemption From Numerical Limitations.--Section 201(b)(1) (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).
(e) Naturalization.--Section 328(a) (8 U.S.C. 1439(a)) is amended
by inserting ``, without having been lawfully admitted to the United
States for permanent resident, and'' after ``naturalized''.
(f) Limitation on Federal Student Assistance.--Notwithstanding any
other provision of law, aliens granted registered provisional immigrant
status and who initially entered the United States before reaching 16
years of age and aliens granted blue card status shall be eligible only
for the following assistance under title IV of the Higher Education Act
of 1965 (20 U.S.C. 1070 et seq.):
(1) Student loans under parts D and E of such title IV (20
U.S.C. 1087a et seq. and 1087aa et seq.), subject to the
requirements of such parts.
(2) Federal work-study programs under part C of such title
IV (42 U.S.C. 2751 et seq.), subject to the requirements of
such part.
(3) Services under such title IV (20 U.S.C. 1070 et seq.),
subject to the requirements for such services.
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 to examine any
individual application for lawful status under section
245B, 245C, or 245D.
``(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, a component of the
Department of Homeland Security, court, or grand jury,
consistent with law, in connection with--
``(i) a criminal investigation or
prosecution of any felony 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 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, 245D, or 245F or section 2211 of the
Agricultural Worker Program Act of 2013 shall be conducted
solely in accordance with this subsection.
``(2) Administrative appellate review.--
``(A) Establishment of administrative appellate
authority.--The Secretary 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, 245D, or 245F or section 2211 of the
Agricultural Worker Program Act of 2013 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
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 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 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) of the Immigration and
Nationality Act (8 U.S.C. 1254a(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 nonprofit organizations that will use
the funding to assist eligible applicants under section 245B, 245C,
245D, or 245F of the Immigration and Nationality Act or section 2211 of
this Act by providing them with the services described in subsection
(c).
(b) Eligible Nonprofit Organization.--The term ``eligible nonprofit
organization'' 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 and
blue card status authorized under section 2211, particularly to
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 or blue card 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 or
blue card 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 or 245F 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, unless the parent is unfit or unwilling to be a
parent of the child; 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), the State (or the
county or other political subdivision of the State, as
applicable) shall make reasonable efforts--
(A) to identify, locate, and contact (including, if
appropriate, 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 is in
immigration detention;
(ii) any parent of the child who has been
removed from the United States; and
(iii) if possible, any potential adult
relative of the child (as described in section
471(a)(29));
(B) 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
(C) to reunify the child with any such parent or
relative; and
(D) to provide and document appropriate services 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 give 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 practicable,
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, legal guardian, or relative
caregiver or such child), except that the head of the
State agency (or the county or other political
subdivision of the State, as applicable) 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 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 or legal
guardian 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, legal 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 or legal guardian 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.
(d) Preclusion of Social Security Credits for Periods Without Work
Authorization.--
(1) Insured status.--Section 214 of the Social Security Act
(42 U.S.C. 414) is amended by adding at the end the following
new subsection:
``(d) Insured Status.--
``(1) In general.--Subject to paragraphs (2) and (3), for
purposes of subsections (a) and (b), no quarter of coverage
shall be credited for any calendar year--
``(A) beginning after December 31, 2003, and before
January 1, 2014, with respect to an individual who has
been granted registered provisional immigrant status
pursuant to section 245B of the Immigration and
Nationality Act; or
``(B) beginning after December 31, 2003, and before
January 1, 2014, in which an individual earned such
quarter of coverage while present under an expired
nonimmigrant visa,
unless the Commissioner of Social Security determines, on the
basis of information provided to the Commissioner by the
individual, that the individual was authorized to be employed
in the United States during such quarter.
``(2) Exception.--Paragraph (1) shall not apply to an
individual who was assigned a social security account number
before January 1, 2004.
``(3) Attestation of work authorization.--
``(A) In general.--For purposes of paragraph (1),
if an individual is unable to obtain or produce
sufficient evidence or documentation that the
individual was authorized to be employed in the United
States during a quarter, the individual may submit an
attestation to the Commissioner of Social Security that
the individual was authorized to be employed in the
United States during such quarter and that sufficient
evidence or documentation of such authorization cannot
be obtained by the individual.
``(B) Penalty.--Any individual who knowingly
submits a false attestation described in subparagraph
(A) shall be subject to the penalties under section
1041 of title 18, United States Code.''.
(2) Benefit computation.--Section 215(e) of the Social
Security Act (42 U.S.C. 415(e)) is amended--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(3) in computing the average indexed monthly earnings of
an individual, there shall not be counted any wages or self-
employment income for any year for which no quarter of coverage
may be credited to such individual as a result of the
application of section 214(d).''.
(3) Conforming amendment.--Section 223(c)(1) of the Social
Security Act (42 U.S.C. 423(c)(1)) is amended in the flush
matter at the end by inserting ``the individual does not
satisfy the criterion specified in section 214(d) or'' after
``part of any period if''.
(4) Effective date.--The amendments made by this subsection
shall apply to benefit applications filed on or after the date
that is 180 days after the date of the enactment of this Act
based on the wages or self-employment income of an individual
with respect to whom a primary insurance amount has not been
determined under title II of the Social Security Act (42 U.S.C.
401 et seq.) before such date.
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 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 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 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 granted 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'' 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.
(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
subparagraph (A) and was physically present in the United
States on or before December 31, 2012, and has maintained
continuous presence in the United States from that date until
the date on which the alien is granted blue card status, with
the exception of absences from the United States that are
brief, casual, and innocent, whether or not such absences were
authorized by the Secretary;
(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 (other than a
nonimmigrant alien admitted to the United States for
agricultural employment described in section
101(a)(15)(H)(ii)(a) of such 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 blue
card 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 (e).
(2) Submission.--The Secretary shall provide that the alien
shall be able to submit an application under paragraph (1)--
(A) if the applicant is represented by an attorney
or a nonprofit religious, charitable, social service,
or similar organization recognized by the Board of
Immigration Appeals under section 292.2 of title 8,
Code of Federal Regulations; or
(B) to a qualified entity if the applicant consents
to the forwarding of the application to the Secretary.
(3) Application period.--
(A) Initial period.--Except as provided in
subparagraph (B), the Secretary may only accept
applications for blue card status for a 1-year period
from aliens in the United States beginning on the date
on which the final rule is published in the Federal
Register pursuant to subsection (f), except that
qualified nonimmigrants who have participated in the H-
2A Program may apply from outside of the United States.
(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.
(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 blue card status to determine whether
they meet the eligibility requirements set forth in
subsection (a)(1).
(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 this Act and ending
on the application period described in paragraph (3), 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.
(6) 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; or
(ii) the alien's blue card status has been
revoked.
(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 this subsection 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;
(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.
(7) 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.
(8) Duration of status.--After the date that is 8 years
after the date regulations are published under this section, no
alien may remain in blue card status.
(9) 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 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 Immigration
Examinations Fee Account pursuant to section
286(m); and
(ii) shall remain available until expended
pursuant to section 286(n).
(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).
(10) 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 (3); and
(ii) contains all the required information
and fees that were missing from the initial
application.
(11) 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 for blue card status;
(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 and
implemented 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 for his or her coverage;
(B) shall be subject to the rules applicable to
individuals who are not lawfully present set forth in
subsection (e) of such section;
(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)); and
(D) shall be subject to the rules applicable to
individuals not lawfully present set forth in section
5000A(d)(3) of the Internal Revenue Code of 1986.
(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 of the Immigration and
Nationality Act if the Secretary determines that the alien is
unable to fulfill the agricultural service requirement set
forth in section 245F(a)(1) of such Act.
(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.
(4) Employer protections.--
(A) 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 blue card status
may not be used in a civil or criminal prosecution or
investigation of that employer under section 274A of
the Immigration and Nationality Act (8 U.S.C. 1324a) 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 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
blue card status shall not be subject to civil and
criminal liability pursuant to such section 274A for
employing such unauthorized aliens.
(B) Limit on applicability.--The protections for
employers and aliens under subparagraph (A) shall not
apply if the aliens or employers submit employment
records that are deemed to be fraudulent.
(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 to implement
this chapter.
SEC. 2212. ADJUSTMENT TO PERMANENT RESIDENT STATUS.
(a) In General.--Chapter 5 of title II (8 U.S.C. 1255 et seq.) is
amended by inserting after section 245E, as added by section 2104 of
this Act, the following:
``SEC. 245F. ADJUSTMENT TO PERMANENT RESIDENT STATUS FOR AGRICULTURAL
WORKERS.
``(a) In General.--Except as provided in subsection (b), and not
earlier than 5 years after the date of the enactment of the Border
Security, Economic Opportunity, and Immigration Modernization 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 the Border Security, Economic
Opportunity, and Immigration Modernization 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 such
date of enactment, 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(d) of the Border Security, Economic Opportunity,
and Immigration Modernization Act;
``(B) documentation that may be submitted under
subsection (e)(4); 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 blue 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)
of the Border Security, Economic Opportunity, and Immigration
Modernization Act.
``(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) 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) 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 since the date on which
the applicant was authorized to work in the United
States in blue card status.
``(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.
``(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 (including any individual who was
a child on the date such alien was granted blue card status)
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 for such status
under section 245B.
``(d) Numerical Limitations Do Not Apply.--The numerical
limitations under sections 201 and 202 shall not apply to the
adjustment of aliens to lawful permanent resident status under this
section.
``(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) and other defined classes
of individuals from the payment of the fee
under subparagraph (A).
``(3) Disposition of fees.--All fees collected under
paragraph (2)(A)--
``(A) shall be deposited into the Immigration
Examinations Fee Account pursuant to section 286(m);
and
``(B) shall remain available until expended
pursuant to section 286(n).
``(4) Documentation of work history.--
``(A) Burden of proof.--An alien applying for blue
card status under section 2211 of the Border Security,
Economic Opportunity, and Immigration Modernization Act
or for adjustment of status under subsection (a) shall
provide evidence that the alien has worked the
requisite number of hours or days required under
subsection (a)(1) of such section 2211 or subsection
(a)(3) of this section, 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) Penalties for False Statements in Applications.--
``(1) Criminal penalty.--Any person who--
``(A) files an application for blue card status
under section 2211 of the Border Security, Economic
Opportunity, and Immigration Modernization Act 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).
``(3) Deposit.--Fines collected under paragraph (1) 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.
``(g) 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 of the Border Security, Economic Opportunity,
and Immigration Modernization Act, to an individual who has been
granted blue card status, or for an application for an adjustment of
status under this section.
``(h) Administrative and Judicial Review.--Aliens applying for blue
card status under section 2211 of the Border Security, Economic
Opportunity, and Immigration Modernization Act or adjustment to
permanent resident status under this section shall be entitled to the
rights and subject to the conditions applicable to other classes of
aliens under sections 242(h) and 245E.
``(i) Applicability of Other Provisions.--The provisions set forth
in section 245E which are applicable to aliens described in section
245B, 245C, and 245D shall apply to aliens applying for blue card
status under section 2211 of the Border Security, Economic Opportunity,
and Immigration Modernization Act or adjustment to permanent resident
status under this section.
``(j) Limitation on Blue Card Status.--An alien granted blue card
status under section 2211 of the Border Security, Economic Opportunity,
and Immigration Modernization Act may only adjust status to an alien
lawfully admitted for permanent residence under this section, section
245C of this Act, or section 2302 of the Border Security, Economic
Opportunity, and Immigration Modernization Act.
``(k) Definitions.--In this section:
``(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 of the
Border Security, Economic Opportunity, and Immigration
Modernization Act.
``(2) Agricultural employment.--The term `agricultural
employment' 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.
``(3) Employer.--The term `employer' means any person or
entity, including any farm labor contractor and any
agricultural association, that employs workers in agricultural
employment.
``(4) Work day.--The term `work day' means any day in which
the individual is employed 5.75 or more hours in agricultural
employment.''.
(b) Conforming Amendment.--Section 201(b)(1) (8 U.S.C. 1151(b)(1)),
as amended by section 2103(c), is further amended by adding at the end
the following:
``(G) Aliens granted lawful permanent resident
status under section 245F.''.
(c) Clerical Amendment.--The table of contents, as amended by
section 2104(e), is further amended by inserting after the item
relating to section 245E the following:
``Sec. 245F. Adjustment to permanent resident status for agricultural
workers.''.
SEC. 2213. USE OF INFORMATION.
Beginning not later than the first day of the application period
described in section 2211(b)(3), 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 245F(a) of the Immigration and
Nationality Act, as added by section 2212; and
(4) the number of aliens who received an adjustment of
status pursuant such section 245F(a).
SEC. 2215. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary such sums
as may be necessary to implement this subchapter, 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) (8 U.S.C. 1101(a)(15)) is amended 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; and
``(II) who meets the requirements under
section 218A for a nonimmigrant visa described
in this clause; 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); and
``(II) who meets the requirements under
section 218A for a nonimmigrant visa described
in this clause.''.
SEC. 2232. ESTABLISHMENT OF NONIMMIGRANT AGRICULTURAL WORKER PROGRAM.
(a) In General.--Chapter 2 of title II (8 U.S.C. 1181 et seq.) is
amended by inserting after section 218 the following:
``SEC. 218A. NONIMMIGRANT AGRICULTURAL WORKER PROGRAM.
``(a) Definitions.--In this section and in clauses (iii) and (iv)
of section 101(a)(15)(W):
``(1) Agricultural employment.--The term `agricultural
employment' 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.
``(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
Worker Program 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 a 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, in consultation
with the Secretary of Labor, and 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) after
considering appropriate factors, including--
``(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; and
``(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
labor shortages, as determined by the Secretary. The
Secretary shall make a decision on a petition for an
adjustment of status not later than 30 days after
receiving such petition.
``(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.
``(4) Emergency procedures.--The Secretary shall establish,
by regulation, procedures for immediately adjusting an annual
allocation under paragraph (3) for labor shortages, as
determined by the Secretary. The Secretary shall make a
decision on a petition for an adjustment of status not later
than 30 days after receiving such petition.
``(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 of Homeland Security
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 nonimmigrant 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)(iii)(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)(iv)(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) shall 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 a visa or any
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, which shall be
used for the costs of administering the
program.
``(B) Criteria.--The Secretary shall grant
designated agricultural employer status to an employer
who submits a 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. At the end of such 3-
year term, the employer may renew the
registration for another 3-year term if the
employer meets the requirements set forth in
subparagraphs (A) and (B).
``(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.--Fees collected
pursuant to subparagraph (A)(ii)--
``(i) shall be deposited into the
Immigration Examinations Fee Account pursuant
to section 286(m); and
``(ii) shall remain available until
expended pursuant to section 286(n).
``(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 petition 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 disclosed or
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)(iii) on the date
of the request.
``(vii) Evidence of offers of employment
made to United States workers as required under
paragraph (3)(B).
``(viii) The employer will comply with the
additional program requirements for designated
agricultural employers described in paragraph
(4).
``(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.
``(D) Review.--The Secretary of Homeland Security
shall review each petition submitted by designated
agricultural employers under this paragraph for
completeness or obvious inaccuracies. Unless the
Secretary of Homeland Security determines that the
petition is incomplete or obviously inaccurate, the
Secretary shall accept the petition. The Secretary
shall establish a procedure for the processing of
petitions filed under this subsection. Not later than 7
working days after the date of the filing, the
Secretary, by electronic or other means assuring
expedited delivery, shall submit a copy of notice of
approval or denial of the petition to the petitioner
and, in the case of approved petitions, to the
appropriate immigration officer at the port of entry or
United States consulate, as appropriate, if the
petitioner has indicated that the alien beneficiary or
beneficiaries will apply for a visa or admission to the
United States.
``(3) Employment of united states workers.--
``(A) Recruitment.--
``(i) Filing a job opportunity with local
office of 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 opportunity 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 the
appropriate Department of Labor Electronic Job
Registry for a period of 45 days.
``(ii) Construction.--Nothing in clause (i)
may be construed to cause a posting 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 45-day
recruitment period referred to in subparagraph
(A)(i).
``(ii) Exception.--Notwithstanding clause
(i), the employer may offer the job to a
nonimmigrant agricultural worker instead of an
alien in blue card status if--
``(I) such worker was previously
employed by the employer as an H-2A
worker;
``(II) such worker worked for the
employer for 3 years during the most
recent 4-year period; and
``(III) the employer pays such
worker the adverse effect wage rate
calculated under subsection (f)(5)(B).
``(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 clause (i) is
fulfilled, the employer--
``(I) may terminate the worker's
employment;
``(II) shall fulfill the employment
guarantee described in clause (i) 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 the State 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 not less than
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 and 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 at no cost 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
provider 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 agricultural worker, such
employer shall, at the employer's option, provide or
reimburse the contract agricultural worker for the cost
of daily transportation from the contract worker's
living quarters to the contract agricultural worker's
place of employment.
``(I) Reimbursement of transportation to the place
of employment.--
``(i) In general.--A nonimmigrant
agricultural worker shall be reimbursed by the
first employer for the cost of the worker's
transportation and subsistence from the place
from which the worker came from to the place of
first employment.
``(ii) Limitation.--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.
``(J) Reimbursement of transportation from place of
employment.--
``(i) In general.--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.--The amount of
reimbursement required under clause (i) 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.
``(f) Wages.--
``(1) Wage rate requirement.--
``(A) In general.--A nonimmigrant agricultural
worker employed by a designated agricultural employer
shall be paid not less than 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 1 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 first
application for designated employer status) by other
employers for the activity in the geographic area of
the job, unless the Secretary approves a higher
standard.
``(2) Job categories.--
``(A) In general.--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:
``(i) First-Line Supervisors of Farming,
Fishing, and Forestry Workers (45-1011).
``(ii) Animal Breeders (45-2021).
``(iii) Graders and Sorters, Agricultural
Products (45-2041).
``(iv) Agricultural equipment operator (45-
2091).
``(v) Farmworkers and Laborers, Crop,
Nursery, and Greenhouse (45-2092).
``(vi) Farmworkers, Farm, Ranch and
Aquacultural Animals (45-2093).
``(B) Determination of classification.--A
nonimmigrant agricultural worker is employed in a
standard occupational classification described in
clause (i), (ii), (iii), (iv), (v), or (vi) of
subparagraph (A) if the worker performs activities
associated with that occupational classification, as
specified on the employer's petition, for at least 75
percent of the time in a semiannual employment period.
``(3) Determination of wage rate.--
``(A) Calendar years 2014 through 2016.--The wage
rate under this subparagraph for calendar 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)(A)(iii)--
``(aa) $9.37 for calendar year
2014;
``(bb) $9.60 for calendar year
2015; and
``(cc) $9.84 for calendar year
2016;
``(II) for the category described in
paragraph (2)(A)(iv)--
``(aa) $11.30 for calendar year
2014;
``(bb) $11.58 for calendar year
2015; and
``(cc) $11.87 for calendar year
2016;
``(III) for the category described in
paragraph (2)(A)(v)--
``(aa) $9.17 for calendar year
2014;
``(bb) $9.40 for calendar year
2015; and
``(cc) $9.64 for calendar year
2016; and
``(IV) for the category described in
paragraph (2)(A)(vi)--
``(aa) $10.82 for calendar year
2014;
``(bb) $11.09 for calendar year
2015; and
``(cc) $11.37 for calendar 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 calendar
year after the calendar 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 calendar 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
required wage for the next calendar year for each of
the job categories set out in clauses (i) and (ii) of
paragraph (2)(A).
``(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 Employment Statistics Survey to survey
agricultural producers and contractors and produce
improved wage data by State and the job categories set
out in clauses (i) through (vi) of subparagraph (A).
``(4) Consideration.--In determining the wage rate under
paragraph (3)(C), the Secretary may consider appropriate
factors, including--
``(A) whether the employment of additional alien
workers at the required 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 Employment Statistics 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).
``(C) Nonpayment of fica and futa taxes.--An
employer employing nonimmigrant agricultural workers
shall not be required to pay and withhold from such
workers--
``(i) the tax required under section 3101
of the Internal Revenue Code of 1986; or
``(ii) the tax required under section 3301
of the Internal Revenue Code of 1986.
``(6) Preferential treatment of aliens prohibited.--
``(A) In general.--Except as provided in
subparagraph (B), employers seeking to hire United
States workers shall offer the United States workers
not less than the same benefits, wages, and working
conditions that the employer is offering, intends to
offer, or will provide to nonimmigrant agricultural
workers. No job offer may impose on United States
workers any restrictions or obligations that will not
be imposed on the employer's nonimmigrant agricultural
workers.
``(B) Exception.--Notwithstanding subparagraph (A),
a designated agricultural employer is not required to
provide housing or a housing allowance to United States
workers.
``(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) 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 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
registration 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; 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 registration
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 subsections (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 subsections (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.
``(2) 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.
``(3) Election.--A nonimmigrant agricultural worker who has
filed an administrative complaint with the Secretary of Labor
may not maintain a civil action unless a complaint based on the
same violation filed with the Secretary of Labor under
paragraph (1) is withdrawn before the filing of such action, in
which case the rights and remedies available under this
subsection shall be exclusive.
``(4) 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.
``(5) Settlements.--Any settlement by the Secretary of
Labor with 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.
``(6) 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.
``(7) Discrimination prohibited.--It is a violation of this
subsection for any person who has filed a petition under
subsection (e) or (f) 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
(f), or any rule or regulation relating to subsection
(e) or (f); 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 (f) or any rule or regulation
pertaining to subsection (e) or (f).
``(8) 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 to adopt special procedures relating to housing,
pay, and visa program application requirements for those
industries.
``(2) Special procedures industry defined.--In this
subsection, the term `Special Procedures Industry' means--
``(A) sheepherding and goat herding;
``(B) itinerant commercial beekeeping and
pollination;
``(C) open range production of livestock;
``(D) itinerant animal shearing; and
``(E) custom combining industries.
``(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 its registration or petition 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 Procedures 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 the enactment of the Border
Security, Economic Opportunity, and Immigration Modernization
Act 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, venom, or
other bee-related allergies.
``(7) Application.--An individual employer in a Special
Procedures Industry may file a program petition on its own
behalf or in conjunction with an association of employers. The
employer's petition may be part of several related petitions
submitted simultaneously that constitute a master petition.
``(8) Rulemaking.--The Secretary or, as appropriate, the
Secretary of Homeland Security or the Secretary of Labor, after
consultation with employers and employee representatives, shall
publish for notice and comment proposed regulations relating to
housing, pay, and application procedures for Special Procedures
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.--Not later than
2 years after the effective date of this section, 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 carry 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 is amended by
inserting after the item relating to section 218 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.--
(1) In general.--Except as provided in paragraph (2), an
employer may not petition to employ an alien 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 date on which the regulations issued pursuant to
section 2241(b) become effective.
(2) Exception.--An employer may employ an alien described
in paragraph (1) for the shorter of--
(A) 10 months; or
(B) the time specified in the position.
(b) Conforming Amendments.--
(1) Repeal of h-2a nonimmigrant category.--Section
101(a)(15)(H)(ii) (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 (8 U.S.C. 1188) is repealed.
(3) Conforming amendments.--
(A) Amendment of petition requirements.--Section
214(c)(1) (8 U.S.C. 1184(c)(1)) is amended by striking
``For purposes of this subsection'' and all that
follows.
(B) Clerical amendment.--The table of contents is
amended by striking the item relating to section 218.
(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 2231; 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. BENEFITS INTEGRITY PROGRAMS.
(a) In General.--Without regard to whether personal interviews are
conducted in the adjudication of benefits provided for by section 210A,
218A, 245B, 245C, 245D, 245E, or 245F of the Immigration and
Nationality Act, or in seeking a benefit under section 101(a)(15)(U) of
the Immigration and Nationality Act, section 1242 of the Refugee Crisis
in Iraq Act of 2007 (8 U.S.C. 1157 note), section 602(b) of the Afghan
Allies Protection Act of 2009 (8 U.S.C. 1101 note), or section 2211 of
this Act, the Secretary shall uphold and maintain the integrity of
those benefits by carrying out for each of them, within the Fraud
Detection and National Security Directorate of U.S. Citizenship and
Immigration Services, programs as follows:
(1) A benefit fraud assessment program to quantify fraud
rates, detect ongoing fraud trends, and develop appropriate
countermeasures, including through a random sample of both
pending and completed cases.
(2) A compliance review program, including site visits, to
identify frauds and deter fraudulent and illegal activities.
(b) Reports.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, U.S. Citizenship and Immigration
Services shall annually submit to Congress a report on the
programs carried out pursuant to subsection (a).
(2) Elements in first report.--The initial report submitted
under paragraph (1) shall include the methodologies to be used
by the Fraud Detection and National Security Directorate for
each of the programs specified in paragraphs (1) and (2) of
subsection (a).
(3) Elements in subsequent reports.--Each subsequent report
under paragraph (1) shall include, for the calendar year
covered by such report, a descriptions of examples of fraud
detected, fraud rates for programs and types of applicants, and
a description of the disposition of the cases in which fraud
was detected or suspected.
(c) Use of Findings of Fraud.--Any instance of fraud or abuse
detected pursuant to a program carried out pursuant to subsection (a)
may be used to deny or revoke benefits, and may also be referred to
U.S. Immigration and Customs Enforcement for investigation of criminal
violations of section 266 of the Immigration and Nationality Act (8
U.S.C. 1306).
(d) 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. 2244. EFFECTIVE DATE.
This subtitle and the amendments made by this subtitle, except for
sections 2231, 2232, and 2233, shall take effect on the date on which
the regulations required under section 2241 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) is
amended by inserting after subsection (b) the following:
``(c) Merit-based Immigrants.--
``(1) Fiscal years 2015 through 2017.--During each of the
fiscal years 2015 through 2017, 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.--During fiscal year 2018 and
each subsequent fiscal year, 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 under 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 receive
points under only 1 of the following
categories:
``(I) An alien who has received a
doctorate degree from an institution of
higher education in the United States
or the foreign equivalent shall be
allocated 15 points.
``(II) An alien who has received a
master's degree from an institution of
higher education in the United States
or the foreign equivalent 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 is 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
employees 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 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 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 over 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, zone 2, or zone 3
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, participated in safety training,
and increases in pay.
``(E) Civic involvement.--An alien who has
demonstrated significant civic involvement shall be
allocated 2 points.
``(F) English language.--
``(i) English proficiency.--An alien who
has demonstrated English proficiency, as
determined by a standardized test designated by
the Secretary of Education, shall be allocated
10 points.
``(ii) English knowledge.--An alien who has
demonstrated English knowledge, as determined
by a standardized test designated by the
Secretary of Education, 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) Application procedures.--
``(A) Submission.--During the 30-day period
beginning on the first October 1 occurring at least 3
years after the date of the enactment of the Border
Security, Economic Opportunity, and Immigration
Modernization Act, and during each 30-day period
beginning on October 1 in subsequent years, eligible
aliens may submit, to U.S. Citizenship and Immigration
Services, an application for a merit-based immigrant
visa that contains such information as the Secretary
may reasonably require.
``(B) Adjudication.--Before the last day of each
fiscal year in which applications are filed pursuant to
subparagraph (A), the Director, U.S. Citizenship and
Immigration Services, shall--
``(i) review the applications to determine
which aliens will be granted a merit-based
immigrant visa in the following fiscal year in
accordance with this subsection; and
``(ii) in coordination with the Secretary
of State, provide such visas to all successful
applicants.
``(C) Fee.--An alien who is allocated a visa under
this subsection shall pay a fee of $1,500 in addition
to any fee assessed to cover the costs to process an
application under this subsection. Fees collected under
this paragraph shall be deposited by the Secretary into
the Comprehensive Immigration Reform Trust Fund
established under section 6(a)(1) of the Border
Security, Economic Opportunity, and Immigration
Modernization Act.
``(7) Eligibility of aliens in registered provisional
immigrant status.--An alien who was granted registered
provisional immigrant status under section 245B is not eligible
to receive a merit-based immigrant visa under section 201(e).
``(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 the Border Security, Economic Opportunity,
and Immigration Modernization Act; or
``(ii) such Database or a similar successor
database, as designated by the Secretary of
Labor, after such date of enactment.
``(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 the Border Security, Economic Opportunity,
and Immigration Modernization Act; or
``(ii) such Database or a similar successor
database, as designated by the Secretary of
Labor, after such date of enactment.
``(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 the Border Security, Economic Opportunity,
and Immigration Modernization Act; or
``(ii) such Database or a similar successor
database, as designated by the Secretary of
Labor, after such date of enactment.
``(G) Zone 4 occupation.--The term `zone 4
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 theBorder Security, Economic Opportunity,
and Immigration Modernization Act; or
``(ii) such Database or a similar successor
database, as designated by the Secretary of
Labor, after such date of enactment.
``(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 the Border Security, Economic Opportunity,
and Immigration Modernization Act; or
``(ii) such Database or a similar successor
database, as designated by the Secretary of
Labor, after such date of enactment.''.
(3) GAO study and report.--
(A) Study.--The Comptroller General of the United
States shall conduct a study of the merit-based
immigration system established under section 203(c) of
the Immigration and Nationality Act, as amended by
paragraph (2), to determine, during the first 7 years
of such system--
(i) how the points described in paragraphs
(4)(H), (4)(J), (5)(G), and (5)(I) of section
203(c) of such Act were utilized;
(ii) how many of the points allocated to
people lawfully admitted for permanent
residence were allocated under such paragraphs;
(iii) how many people who were allocated
points under such paragraphs were not lawfully
admitted to permanent residence;
(iv) the countries of origin of the people
who applied for a merit-based visa under
section 203(c) of such Act;
(v) the number of such visas issued under
tier 1 and tier 2 to males and females,
respectively;
(vi) the age of individuals who were issued
such visas; and
(vii) the educational attainment and
occupation of people who were issued such
visas.
(B) Report.--Not later than 7 years after the date
of the enactment of this Act, the Comptroller General
shall submit a report to Congress that describes the
results of the study conducted pursuant to subparagraph
(A).
(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) Effective Date.--The amendments made by this section shall take
effect on October 1, 2014.
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-sponsored 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 minute before the effective date
specified in section 2307(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
in a status that allows for employment authorization
for a continuous period, not counting brief, casual,
and innocent absences, of not less than 10 years.
(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)), as in effect the
minute before the effective date specified in section
2307(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 without regard to a per
country limitation in the order described in section 203(a) of
the Immigration and Nationality Act (8 U.S.C. 1153(a)), as
amended by section 2305(b), in the order in which the petitions
to accord status under such section 203(a) were filed prior to
the date of the enactment of this Act.
(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
minute before the effective date specified in section
2307(a)(3) of this Act.
(f) Applicability of Certain Grounds of Inadmissibility.--In
determining an alien's inadmissibility under this section, section
212(a)(9)(B) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(9)(B)) shall not apply.
(g) Eligibility in Years After 2028.--Beginning in fiscal year
2029, aliens eligible for adjustment of status under subsection (c)(3)
must be lawfully present in an employment authorized status for 20
years prior to filing an application for adjustment of status.
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(a) (8 U.S.C. 1151(a))--
(A) in paragraph (1), by adding ``and'' at the end;
(B) in paragraph (2), by striking ``; and'' at the
end and inserting a period; and
(C) by striking paragraph (3);
(2) in section 203 (8 U.S.C. 1153)--
(A) by striking subsection (c);
(B) in subsection (e)--
(i) by striking paragraph (2); and
(ii) by redesignating paragraph (3) as
paragraph (2);
(C) in subsection (f), by striking ``(a), (b), or
(c) of this section'' and inserting ``(a) or (b)''; and
(D) 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), as amended by section
2305(d)(6)(A)(i), by striking paragraph (8); 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. WORLDWIDE 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), as in effect on the day before the
date of the enactment of the Border Security, Economic
Opportunity, and Immigration Modernization Act, 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-sponsored immigrants under this subsection 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, 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 section 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) a child or spouse of an alien described in
clause (i), who is accompanying or following to join
the alien;
``(iv) a 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)(B), 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,
within 2 years following the date of notification of the
availability of such visa, the alien 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 (B))''.
(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 (B))''.
(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(a)(4) (8 U.S.C. 1152(a)(4)) is amended--
(A) by striking subparagraphs (A) and (B);
(B) by redesignating subparagraphs (C) and (D) as
subparagraphs (A) and (B), respectively; and
(C) in subparagraph (A), as redesignated by clause
(ii), by striking ``section 203(a)(2)(B)'' and
inserting ``section 203(a)(2)''.
(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.--
(A) Petitioning procedure.--Section 204 (8 U.S.C.
1154) is amended--
(i) by striking subsection (a) and
inserting the following:
``(a) Petitioning Procedure.--
``(1) In general.--(A) Except as provided in subparagraph
(H), any citizen of the United States or alien lawfully
admitted for permanent residence claiming that an alien is
entitled to classification by reason of a relationship
described in subparagraph (A) or (B) of section 203(a)(1) or to
an immediate relative status under section 201(b)(2)(A) may
file a petition with the Secretary of Homeland Security for
such classification.
``(B) An alien spouse or alien child described in section
201(b)(2)(C) may file a petition with the Secretary under this
paragraph for classification of the alien (and the alien's
children) under such section.
``(C)(i) An alien who is described in clause (ii) may file
a petition with the Secretary under this subparagraph for
classification of the alien (and any child of the alien) if the
alien demonstrates to the Secretary that--
``(I) the marriage or the intent to marry the
citizen of the United States or lawful permanent
resident was entered into in good faith by the alien;
and
``(II) during the marriage or relationship intended
by the alien to be legally a marriage, the alien or a
child of the alien has been battered or has been the
subject of extreme cruelty perpetrated by the alien's
spouse or intended spouse.
``(ii) For purposes of clause (i), an alien described in
this clause is an alien--
``(I)(aa) who is the spouse of a citizen of the
United States or lawful permanent resident;
``(bb) who believed that he or she had married a
citizen of the United States or lawful permanent
resident and with whom a marriage ceremony was actually
performed and who otherwise meets any applicable
requirements under this Act to establish the existence
of and bona fides of a marriage, but whose marriage is
not legitimate solely because of the bigamy of such
citizen of the United States or lawful permanent
resident; or
``(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--
``(AA) whose spouse died within the past 2
years;
``(BB) 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
``(CC) who demonstrates a connection
between the legal termination of the marriage
within the past 2 years and battering or
extreme cruelty by a spouse who is a citizen of
the United States or a lawful permanent
resident spouse;
``(II) who is a person of good moral character;
``(III) who is eligible to be classified as an
immediate relative under section 201(b)(2)(A) or who
would have been so classified but for the bigamy of the
citizen of the United States that the alien intended to
marry; and
``(IV) who has resided with the alien's spouse or
intended spouse.
``(D) An alien who is the child of a citizen or lawful
permanent resident of the United States, or who was a child of
a United States citizen or lawful permanent resident parent who
within the past 2 years lost or renounced citizenship status
related to an incident of domestic violence, and who is a
person of good moral character, who is eligible to be
classified as an immediate relative under section 201(b)(2)(A),
and who resides, or has resided in the past, with the citizen
or lawful permanent resident parent may file a petition with
the Secretary of Homeland Security under this paragraph for
classification of the alien (and any child of the alien) under
such section if the alien demonstrates to the Secretary that
the alien has been battered by or has been the subject of
extreme cruelty perpetrated by the alien's citizen or lawful
permanent resident parent. For purposes of this subparagraph,
residence includes any period of visitation.
``(E) An alien who--
``(i) is the spouse, intended spouse, or child
living abroad of a citizen or lawful permanent resident
who--
``(I) is an employee of the United States
Government;
``(II) is a member of the uniformed
services (as defined in section 101(a) of title
10, United States Code); or
``(III) has subjected the alien or the
alien's child to battery or extreme cruelty in
the United States; and
``(ii) is eligible to file a petition under
subparagraph (C) or (D),
shall file such petition with the Secretary of Homeland
Security under the procedures that apply to self-petitioners
under subparagraph (C) or (D), as applicable.
``(F) For the purposes of any petition filed under
subparagraph (C) or (D), the denaturalization, loss or
renunciation of citizenship or lawful permanent resident
status, death of the abuser, divorce, or changes to the
abuser's citizenship or lawful permanent resident status after
filing of the petition shall not adversely affect the approval
of the petition, and for approved petitions shall not preclude
the classification of the eligible self-petitioning spouse or
child as an immediate relative or affect the alien's ability to
adjust status under subsections (a) and (c) of section 245 or
obtain status as a lawful permanent resident based on the
approved self-petition under such clauses.
``(G) An alien may file a petition with the Secretary of
Homeland Security under this paragraph for classification of
the alien under section 201(b)(2)(A) if the alien--
``(i) is the parent of a citizen of the United
States or was a parent of a citizen of the United
States who, within the past 2 years, lost or renounced
citizenship status related to an incident of domestic
violence or died;
``(ii) is a person of good moral character;
``(iii) is eligible to be classified as an
immediate relative under section 201(b)(2)(A);
``(iv) resides, or has resided, with the citizen
daughter or son; and
``(v) demonstrates that the alien has been battered
or subject to extreme cruelty by the citizen daughter
or son.
``(H)(i) Subparagraph (A) shall not apply to a citizen of
the United States who has been convicted of a specified offense
against a minor, unless the Secretary of Homeland Security, in
the Secretary's sole and unreviewable discretion, determines
that the citizen poses no risk to the alien with respect to
whom a petition described in subparagraph (A) is filed.
``(ii) For purposes of clause (i), the term `specified
offense against a minor' has the meaning given such term in
section 111 of the Adam Walsh Child Protection and Safety Act
of 2006 (42 U.S.C. 16911).
``(2) Determination of good moral character.--
Notwithstanding section 101(f), an act or conviction that is
waivable with respect to the petitioner for purposes of a
determination of the petitioner's admissibility under section
212(a) or deportability under section 237(a) shall not bar the
Secretary of Homeland Security from finding the petitioner to
be of good moral character under subparagraph (C) or (D) of
paragraph (1), if the Secretary finds that the act or
conviction was connected to the alien's having been battered or
subjected to extreme cruelty.
``(3) Preference status.--(A)(i) Any child who attains 21
years of age who has filed a petition under paragraph (1)(D)
that was filed or approved before the date on which the child
attained 21 years of age shall be considered (if the child has
not been admitted or approved for lawful permanent residence by
the date the child attained 21 years of age) a petitioner for
preference status under paragraph (1), (2), or (3) of section
203(a), whichever paragraph is applicable, with the same
priority date assigned to the self-petition filed under
paragraph (1)(D). No new petition shall be required to be
filed.
``(ii) Any individual described in clause (i) is eligible
for deferred action and work authorization.
``(iii) Any derivative child who attains 21 years of age
who is included in a petition described in subparagraph (B)
that was filed or approved before the date on which the child
attained 21 years of age shall be considered (if the child has
not been admitted or approved for lawful permanent residence by
the date the child attained 21 years of age) a VAWA self-
petitioner with the same priority date as that assigned to the
petitioner in any petition described in subparagraph (B). No
new petition shall be required to be filed.
``(iv) Any individual described in clause (iii) and any
derivative child of a petitioner described in subparagraph (B)
is eligible for deferred action and work authorization.
``(B) The petition referred to in subparagraph (A)(iii) is
a petition filed by an alien under subparagraph (C) or (D) of
paragraph (1) in which the child is included as a derivative
beneficiary.
``(C) Nothing in the amendments made by the Child Status
Protection Act (Public Law 107-208; 116 Stat. 927) shall be
construed to limit or deny any right or benefit provided under
this paragraph.
``(D) Any alien who benefits from this paragraph may adjust
status in accordance with subsections (a) and (c) of section
245 as an alien having an approved petition for classification
under subparagraph (C) or (D) of paragraph (1).
``(E) For purposes of this paragraph, an individual who is
not less than 21 years of age, who qualified to file a petition
under paragraph (1)(D) as of the minute before the date on
which the individual attained 21 years of age, and who did not
file such a petition before such day, shall be treated as
having filed a petition under such paragraph as of such day if
a petition is filed for the status described in such paragraph
before the individual attains 25 years of age and the
individual shows that the abuse was at least 1 central reason
for the filing delay. Subparagraphs (A) through (D) shall apply
to an individual described in this subparagraph in the same
manner as an individual filing a petition under paragraph
(1)(D).
``(4) Classification as alien with extraordinary ability.--
Any alien desiring to be classified under subparagraph (I),
(J), (K), (L), or (M) of section 201(b)(1) or section
203(b)(1)(A), or any person on behalf of such an alien, may
file a petition with the Secretary of Homeland Security for
such classification.
``(5) Classification as employment-based immigrant.--Any
employer desiring and intending to employ within the United
States an alien entitled to classification under paragraph
(1)(B), (1)(C), (2), or (3) of section 203(b) may file a
petition with the Secretary of Homeland Security for such
classification.
``(6) Classification as special immigrant.--(A) Any alien
(other than a special immigrant under section 101(a)(27)(D))
desiring to be classified under section 203(b)(4), or any
person on behalf of such an alien, may file a petition with the
Secretary of Homeland Security for such classification.
``(B) Aliens claiming status as a special immigrant under
section 101(a)(27)(D) may file a petition only with the
Secretary of State and only after notification by the Secretary
that such status has been recommended and approved pursuant to
such section.
``(7) Classification as immigrant investor.--Any alien
desiring to be classified under paragraph (5) or (6) of section
203(b) may file a petition with the Secretary of Homeland
Security for such classification.
``(8) Diversity visa.--(A) Any alien desiring to be
provided an immigrant visa under section 203(c) may file a
petition at the place and time determined by the Secretary of
State by regulation. Only 1 such petition may be filed by an
alien with respect to any petitioning period established. If
more than 1 petition is submitted all such petitions submitted
for such period by the alien shall be voided.
``(B)(i) The Secretary of State shall designate a period
for the filing of petitions with respect to visas which may be
issued under section 203(c) for the fiscal year beginning after
the end of the period.
``(ii) Aliens who qualify, through random selection, for a
visa under section 203(c) shall remain eligible to receive such
visa only through the end of the specific fiscal year for which
they were selected.
``(iii) The Secretary of State shall prescribe such
regulations as may be necessary to carry out this subparagraph.
``(C) A petition under this paragraph shall be in such form
as the Secretary of State may by regulation prescribe and shall
contain such information and be supported by such documentary
evidence as the Secretary of State may require.
``(D) Each petition to compete for consideration for a visa
under section 203(c) shall be accompanied by a fee equal to
$30. All amounts collected under this subparagraph shall be
deposited into the Treasury as miscellaneous receipts.
``(9) Consideration of credible evidence.--In acting on
petitions filed under subparagraph (C) or (D) of paragraph (1),
or in making determinations under paragraphs (2) and (3), the
Secretary of Homeland Security shall consider any credible
evidence relevant to the petition. The determination of what
evidence is credible and the weight to be given that evidence
shall be within the sole discretion of the Secretary.
``(10) Work authorization.--(A) Upon the approval of a
petition as a VAWA self-petitioner, the alien--
``(i) is eligible for work authorization; and
``(ii) may be provided an `employment authorized'
endorsement or appropriate work permit incidental to
such approval.
``(B) Notwithstanding any provision of this Act restricting
eligibility for employment in the United States, the Secretary
of Homeland Security shall grant employment authorization to an
alien who has filed an application for status as a VAWA self-
petitioner on the date that is the earlier of--
``(i) the date on which the alien's application for
such status is approved; or
``(ii) a date determined by the Secretary that is
not later than 180 days after the date on which the
alien filed the application.
``(11) Limitation.--Notwithstanding paragraphs (1) through
(10), an individual who was a VAWA petitioner or who had the
status of a nonimmigrant under subparagraph (T) or (U) of
section 101(a)(15) may not file a petition for classification
under this section or section 214 to classify any person who
committed the battery or extreme cruelty or trafficking against
the individual (or the individual's child), which established
the individual's (or individual's child's) eligibility as a
VAWA petitioner or for such nonimmigrant status.'';
(ii) in subsection (c)(1), by striking ``or
preference status''; and
(iii) in subsection (h), by striking ``or a
petition filed under subsection
(a)(1)(B)(ii)''.
(B) Conforming amendments.--The Act (8 U.S.C. 1101
et seq.) is amended--
(i) in section 101(a)--
(I) in paragraph (15)(K), by
striking ``204(a)(1)(A)(viii)(I)'' each
place such term appears and inserting
``204(a)(1)(H)(i)'';
(II) in paragraph (50), by striking
``204(a)(1)(A)(iii)(II)(aa)(BB),
204(a)(1)(B)(ii)(II)(aa)(BB),'' and
inserting ``204(a)(1)(C)(ii)(I)(bb)
or''; and
(III) in paragraph (51)--
(aa) in subparagraph (A),
by striking ``204(a)(1)(A)''
and inserting ``204(a)(1)'';
(bb) by striking
subparagraph (B); and
(cc) by redesignating
subparagraphs (C), (D), (E),
(F), and (G) as subparagraphs
(B), (C), (D), (E), and (F),
respectively;
(ii) in section 212(a)(4)(C)(i)--
(I) in subclause (I), by striking
``clause (ii), (iii), or (iv) of
section 204(a)(1)(A), or'' and
inserting ``subparagraph (B), (C), or
(D) of section 204(a)(1);'';
(II) by striking subclause (II);
and
(III) by redesignating subclause
(III) as subclause (II);
(iii) in section 216(c)(4)(D), by striking
``204(a)(1)(A)(iii)(II)(aa)(BB)'' and inserting
``204(a)(1)(C)(ii)(I)(bb)''; and
(iv) in section 240(c)(7)(C)(iv)(I), by
striking ``clause (iii) or (iv) of section
204(a)(1)(A), clause (ii) or (iii) of section
204(a)(1)(B),'' and inserting ``subparagraph
(C) or (D) of section 204(a)(1),''.
(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
(B)(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 (B)).''.
(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 (B))''.
(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 (B))''.
(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-sponsored Immigrants.--
(1) In general.--Section 203(a) (8 U.S.C. 1153(a)), as
amended by section 2305(b), is further amended to read as
follows:
``(a) Preference Allocation for Family-sponsored Immigrants.--
Aliens subject to the worldwide level specified in section 201(c) for
family-sponsored 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 31 years of age
or younger 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 permanent 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(f)(1) (8 U.S.C. 1154(f)(1)) is amended 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.--
(1) In general.--Section 201(b)(1) (8 U.S.C. 1151(b)(1)),
as amended by sections 2103(c) and 2212(d), is further amended
by adding at the end the following:
``(H) Derivative beneficiaries as described in
section 203(d) of employment-based immigrants under
section 203(b).
``(I) 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.
``(J) 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 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.
``(K) 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.
``(L) Aliens who have earned a doctorate degree
from an institution of higher education in the United
States or the foreign equivalent.
``(M) 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.
``(N) Advanced degrees in a stem field.--
``(i) In general.--An immigrant who--
``(I) has earned a master's or
higher degree in a field of science,
technology, engineering, or mathematics
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, biological and biomedical
sciences, and physical sciences, from a
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 during the 5-year
period immediately before the initial
filing date of the petition under which
the nonimmigrant is a beneficiary.
``(ii) Definition.--In this subparagraph,
the term `United States 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 subparagraph,
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.''.
(2) 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 section 203(b)(2)(B) or
201(b)(1)(N).''.
(c) Technical and Conforming Amendments.--
(1) 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 (I), (J), (K), (L), or (M) 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 provision.''.
(2) 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 may be
admitted to the United States without respect to the
worldwide level specified in section 201(d)''; and
(C) by amending paragraph (2) to read as follows:
``(2) Aliens who are members of professions holding
advanced degrees or prospective employees of national security
facilities.--
``(A) In general.--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 either of the following:
``(i) 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.
``(ii) Prospective employees, in a research
capacity, of Federal national security,
science, and technology laboratories, centers,
and agencies, if such immigrants have been
lawfully present in the United States for two
years prior to employment (unless the Secretary
of Homeland Security determines, including upon
request of the prospective laboratory, center,
or agency, that exceptional circumstances exist
justifying waiver of the presence requirement).
``(B) 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 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 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).
``(C) Guidance and rules.--The Secretary may
prescribe such policy guidance and rules as the
Secretary considers appropriate for purposes of
subparagraph (A) to ensure national security and
promote the interests and competitiveness of the United
States. Such rules shall include a definition of the
term `Federal national security, science, and
technology laboratories, centers, and agencies' for
purposes of clause (ii) of subparagraph (A), which
shall include the following:
``(i) The national security, science, and
technology laboratories, centers, and agencies
of the Department of Defense, the Department of
Energy, the Department of Homeland Security,
the elements of the intelligence community (as
that term is defined in section 4(3) of the
National Security Act of 1947), and any other
department or agency of the Federal Government
that conducts or funds research and development
in the essential national interest.
``(ii) Federally funded research and
development centers (FFRDCs) that are primarily
supported by a department or agency of the
Federal Government specified in clause (i).''.
(3) 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).
(4) 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),''.
(5) 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),''.
(d) Naturalization of Employees of Certain National Security
Facilities Without Regard to Residency Requirements.--Section 316 (8
U.S.C. 1427) is amended by adding at the end the following:
``(g)(1) Any person who, while an alien or a noncitizen national of
the United States, has been employed in a research capacity at a
Federal national security, science, and technology laboratory, center,
or agency (as defined pursuant to section 203(b)(2)(C)) for a period or
periods aggregating one year or more may, in the discretion of the
Secretary, be naturalized without regard to the residence requirements
of this section if the person--
``(A) has complied with all requirements as determined by
the Secretary of Homeland Security, the Secretary of Defense,
the Secretary of Energy, or the head of a petitioning
department or agency of the Federal Government, including
contractual requirements to maintain employment in a research
capacity with a Federal national security, science, and
technology laboratory, center, or agency for a period not to
exceed five years; and
``(B) has favorably completed and adjudicated a background
investigation at the appropriate level, from the employing
department or agency of the Federal Government within the last
five years.
``(2) The number of aliens or noncitizen nationals naturalized in
any fiscal year under this subsection shall not exceed a number as
defined by the Secretary of Homeland Security, in consultation with the
head of the petitioning department or agency of the Federal
Government.''.
SEC. 2308. INCLUSION OF COMMUNITIES ADVERSELY AFFECTED BY A
RECOMMENDATION OF THE DEFENSE BASE CLOSURE AND
REALIGNMENT COMMISSION AS TARGETED EMPLOYMENT AREAS.
(a) In General.--Section 203(b)(5)(B)(ii) (8 U.S.C.
1153(b)(5)(B)(ii)) is amended by inserting ``, any community adversely
affected by a recommendation by the Defense Base Closure and
Realignment Commission,'' after ``rural area''.
(b) Regulations.--The Secretary, in consultation with the Secretary
of Defense, shall implement the amendment made by subsection (a)
through appropriate regulations.
SEC. 2309. 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 31
years of age or younger; 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
older than 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 receive an
allocation of points pursuant to section 203(c) 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 and implemented
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--
(1) is not entitled to the premium assistance tax credit
authorized under section 36B of the Internal Revenue Code of
1986 for his or her coverage;
(2) shall be subject to the rules applicable to individuals
not lawfully present that are set forth in subsection (e) of
such section;
(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(e)); and
(4) shall be subject to the rules applicable to individuals
not lawfully present set forth in section 5000A(d)(3) of the
Internal Revenue Code of 1986.
(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. 2310. FIANCEE AND FIANCE CHILD STATUS PROTECTION.
(a) Definition.--Section 101(a)(15)(K) (8 U.S.C. 1101(a)(15)(K)),
as amended by section 2305(d)(6)(B)(i)(I), is further amended--
(1) in clause (i), by inserting ``or of an alien lawfully
admitted for permanent residence'' after ``204(a)(1)(H)(i))'';
(2) in clause (ii), by inserting ``or of an alien lawfully
admitted for permanent residence'' after ``204(a)(1)(H)(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) (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 striking ``The Attorney General'' and inserting
``(1) The Secretary of Homeland Security'';
(2) in paragraph (1), as redesignated, 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) (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), is 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.--Paragraph (2) of section 245(d) (8
U.S.C. 1255(d)), as added by subsection (c), is 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. 2311. 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. 2312. 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 ``under the age of sixteen years''
and inserting ``younger than 18 years of age, or a
child adopted when 18 years of age or older if the
adopting parent or parents initiated the legal adoption
process before the child reached 18 years of age'';
(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''.
SEC. 2313. 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)(B) of the
Immigration and Nationality Act, as added by section 2305(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 the Immigration and
Nationality 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)(B)(iv) of the Immigration and Nationality Act, as
amended by section 2305(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 by the Secretary
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 by the Secretary
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)(B));
``(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 due to the death of the qualifying relative
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) Family-sponsored Immigrants.--Section 212(a)(4)(C)(i) (8 U.S.C.
1182(a)(4)(C)(i)), as amended by section 2305(d)(6)(B)(iii), is further
amended by adding at the end the following:
``(III) the status as a surviving
relative under 204(l); or''.
SEC. 2314. 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 inadmissibility,
the immigration judge may exercise discretion to
decline to order the alien removable, deportable, or
inadmissible from the United States and terminate
proceedings if the judge determines that such removal,
deportation, or inadmissibility is against the public
interest or would result in hardship to the alien's
United States citizen or lawful permanent resident
parent, 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 inadmissible or deportable under--
``(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 2313(d), is further amended by adding at the end the
following:
``(w) Secretary's Discretion.--In the case of an alien who is
inadmissible under this section or deportable under section 237, the
Secretary of Homeland Security may exercise discretion to waive a
ground of inadmissibility or deportability if the Secretary determines
that such removal or 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. This subsection
shall not apply to an alien whom the Secretary determines--
``(1) is inadmissible or deportable under--
``(A) subparagraph (B), (C), (D)(ii), (E), (H),
(I), or (J) 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. 2315. 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'';
(2) by striking ``extreme''; and
(3) by inserting ``, child,'' after ``lawfully resident
spouse''.
(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 finds
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. 2316. 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. 2317. 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 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. 2318. 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 amending 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.'';
(2) in section 1244--
(A) in 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 ``the United States
Government'' and inserting ``an entity
or organization described in
subparagraph (B)''; and
(III) in subparagraph (D), by
striking by striking ``the United
States Government.'' and inserting
``such entity or organization.''; and
(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 ``the 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. 2319. 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 ``the
United States Government'' and inserting ``an
entity or organization described in clause
(ii)''; and
(iii) in clause (iv), by striking by
striking ``the 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 ``the 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 of Congress 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. 2320. 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.
SEC. 2321. SPECIAL IMMIGRANT STATUS FOR CERTAIN SURVIVING SPOUSES AND
CHILDREN.
(a) In General.--Section 101(a)(27) (8 U.S.C. 1101(a)(27)) is
amended in subparagraph (D)--
(1) by inserting ``(i)'' before ``an immigrant who is an
employee'';
(2) by inserting ``or'' after ``grant such status;''; and
(3) by inserting after clause (i), as designated by
paragraph (1), the following:
``(ii) an immigrant who is the surviving spouse or
child of an employee of the United States Government
abroad killed in the line of duty, provided that the
employee had performed faithful service for a total of
15 years, or more, and that the principal officer of a
Foreign Service establishment (or, in the case of the
American Institute of Taiwan, the Director thereof) in
his or her discretion, recommends the granting of
special immigrant status to the spouse or child and the
Secretary of State approves such recommendation and
finds that it is in the national interest to grant such
status;''.
(b) Effective Date.--The amendments made by subsection (a) take
effect beginning on January 31, 2013, and shall have retroactive
effect.
SEC. 2322. REUNIFICATION OF CERTAIN FAMILIES OF FILIPINO VETERANS OF
WORLD WAR II.
(a) Short Title.--This section may be cited as the ``Filipino
Veterans Family Reunification Act''.
(b) Exemption From Immigrant Visa Limit.--Section 201(b)(1) (8
U.S.C. 1151(b)(1)), as amended by sections 2103(c), 2212(d), and
2307(b), is further amended by adding at the end the following:
``(O) Aliens who--
``(i) are the sons or daughters of a citizen of the
United States; and
``(ii) have a parent (regardless of whether the
parent is living or dead) who was naturalized pursuant
to--
``(I) section 405 of the Immigration Act of
1990 (Public Law 101-649; 8 U.S.C. 1440 note);
or
``(II) title III of the Act of October 14,
1940 (54 Stat. 1137, chapter 876), as added by
section 1001 of the Second War Powers Act, 1942
(56 Stat. 182, chapter 199).''.
SEC. 2323. ENSURING COMPLIANCE WITH RESTRICTIONS ON WELFARE AND PUBLIC
BENEFITS FOR ALIENS.
(a) General Prohibition.--No officer or employee of the Federal
Government may--
(1) waive compliance with any requirement in title IV of
the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (8 U.S.C. 1601 et seq.) in effect on the date of
enactment of this Act or with any restriction on eligibility
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)) established under
a provision of this Act or an amendment made by this Act;
(2) waive the prohibition under subsection (d)(3) of
section 245B of the Immigration and Nationality Act (as added
by section 2101 of this Act) on eligibility for Federal means-
tested public benefits for any alien granted registered
provisional immigrant status under section 245B of the
Immigration and Nationality Act;
(3) waive the prohibition under subsection (c)(3) of
section 2211 of this Act on eligibility for Federal means-
tested public benefits for any alien granted blue card status
under that section;
(4) waive the prohibition under subsection (c) of section
2309 of this Act on eligibility for Federal means-tested public
benefits for any 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)) (as
amended by section 2309(a)); or
(5) waive the prohibition under subsection (w)(2)(C) of
section 214 of the Immigration and Nationality Act (8 U.S.C.
1184(w)(2)(C)) (as added by section 4504(b) of this Act) on
eligibility for any assistance or benefits described in section
403(a) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1613(a)) for any alien
described in section 101(a)(15)(Y) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(Y) (as added by section
4504 of this Act) who is issued a nonimmigrant visa.
(b) Ensuring Compliance With Federal Welfare Law.--
(1) No waiver of requirements.--Notwithstanding section
1115(a) of the Social Security Act (42 U.S.C. 1315(a)), the
Secretary of Health and Human Services shall not waive
compliance by a State, or otherwise permit a State to not
comply, with the requirements for the temporary assistance for
needy families program referenced in section 408(e) of the
Social Security Act (42 U.S.C. 608(e)) and the requirements for
that program in section 408(g) of such Act (42 U.S.C. 608(g)).
(2) No waiver of penalties.--The Secretary of Health and
Human Services shall apply section 409 of the Social Security
Act (42 U.S.C. 609) to any State that fails to comply with any
of the requirements specified in paragraph (1).
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 sections
2103(c), 2212(d)(2), 2307(b), and 2323(b) is further amended by adding
at the end the following:
``(P)(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, provided that the
alien or the alien's employer petitions for such
nonimmigrant status or employment authorization within
90 days of completing graduate medical education or
training 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 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) Physician Employment in Underserved Areas.--Section 214(l)(1)
(8 U.S.C. 1184(l)(1)), as amended by subsection (a), is further amended
by adding at the end the following:
``(E) If a physician pursuing graduate medical education or
training pursuant to section 101(a)(15)(J) applies for a Conrad
J-1 waiver with an interested State department of health and
the application is denied because the State has requested the
maximum number of waivers permitted for that fiscal year, the
physician's nonimmigrant status shall be automatically extended
for 6 months if the physician agrees to seek a waiver under
this subsection (except for subparagraph (D)(ii)) to work for
an employer in a State that has not yet requested the maximum
number of waivers. The physician shall be authorized to work
only for such employer from the date on which a new waiver
application is filed with the State until the date on which the
Secretary of Homeland Security denies such waiver or issues
work authorization for such employment pursuant to the approval
of such waiver.''.
(c) Graduate Medical Education or Training.--Section 214(h)(1), as
amended by section 4401(b) of this Act, is further amended by inserting
``(J) (if entering the United States for graduate medical education or
training),'' after ``(H)(i)(c),''.
(d) 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;
``(B) shall be considered to be maintaining lawful status
in an authorized stay during the 120-day period referred to in
subsection (A); and
``(C) shall not be considered to be fulfilling the 3-year
term of service during the 120-day period referred to in
subparagraph (A).''.
SEC. 2404. ALLOTMENT OF CONRAD 30 WAIVERS.
(a) In General.--Section 214(l) (8 U.S.C. 1184(l)), as amended by
section 2403, 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 Regulations, 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) 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.''.
(b) 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 in
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.
(c) 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 provide 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) in coordination with the Task Force on New
Americans established under section 2521 of the Border
Security, Economic Opportunity, and Immigration
Modernization Act--
``(i) 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;
``(ii) establish national goals for
introducing new immigrants into the United
States and measure the degree to which such
goals are met;
``(iii) evaluate the scale, quality, and
effectiveness of Federal Government efforts in
immigrant integration and provide advice on
appropriate actions; and
``(iv) identify the integration
implications of new or proposed immigration
policies and provide recommendations for
addressing such implications;
``(D) 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;
``(E) coordinate with other Federal agencies to
provide information to State and local governments on
the demand for existing Federal and State English
education programs and best practices for immigrants
who recently arrived in the United States;
``(F) 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;
``(G) submit a biennial report to the appropriate
congressional committees that describes the activities
of the Office of Citizenship and New Americans; and
``(H) 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 Federal Government 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;
(13) the Director of the National Economic Council; and
(14) the National Security Advisor.
(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 or a not-for-profit, public benefit, or similar entity,
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 lawful
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 lawful 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) coordinating its immigrant integration efforts with the
Office;
(9) awarding grants to eligible public or private nonprofit
organizations under section 2537; and
(10) awarding grants to State and local governments under
section 2538.
SEC. 2535. COUNCIL OF DIRECTORS.
(a) Members.--To the extent consistent with section 501(c)(3) of
the Internal Revenue Code of 1986, 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 and to aliens who are
preparing an initial application for blue card status under
section 2211, 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 section
245, 245B, 245C, or 245F 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 legal and advocacy 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 mental disability, including developmental or
intellectual disability; 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 the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives of such
requirement not later than 30 days before the effective date of such
requirement.
SEC. 2553. PERMISSIBLE USE OF ASSISTED HOUSING BY BATTERED IMMIGRANTS.
Section 214 of the Housing and Community Development Act of 1980
(42 U.S.C. 1436a) is amended--
(1) in subsection (a)--
(A) in paragraph (6), by striking ``; or'' and
inserting a semicolon;
(B) by redesignating paragraph (7) as paragraph
(8); and
(C) by inserting after paragraph (6) the following
new paragraph:
``(7) a qualified alien described in section 431(c) of the
Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1641(c)); or''; and
(2) in subsection (c)--
(A) in paragraph (1)(A), by striking ``paragraphs
(1) through (6)'' and inserting ``paragraphs (1)
through (7)''; and
(B) in paragraph (2)(A), by inserting ``(other than
a qualified alien described in section 431(c) of the
Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1641(c)))'' after
``any alien''.
SEC. 2554. UNITED STATES CITIZENSHIP FOR INTERNATIONALLY ADOPTED
INDIVIDUALS.
(a) Automatic Citizenship.--Section 104 of the Child Citizenship
Act of 2000 (Public Law 106-395; 8 U.S.C. 1431 note) is amended to read
as follows:
``SEC. 104. APPLICABILITY.
``The amendments made by this title shall apply to any individual
who satisfies the requirements under section 320 or 322 of the
Immigration and Nationality Act, regardless of the date on which such
requirements were satisfied.''.
(b) Modification of Preadoption Visitation Requirement.--Section
101(b)(1)(F)(i) (8 U.S.C. 1101(b)(1)(F)(i)), as amended by section
2312, is further amended by striking ``at least twenty-five years of
age, who personally saw and observed the child prior to or during the
adoption proceedings;'' and inserting ``who is at least 25 years of
age, at least 1 of whom personally saw and observed the child before or
during the adoption proceedings;''.
(c) Automatic Citizenship for Children of United States Citizens
Who Are Physically Present in the United States.--
(1) In general.--Section 320(a)(3) (8 U.S.C. 1431(a)(3)) is
amended to read as follows:
``(3) The child is physically present in the United States
in the legal custody of the citizen parent pursuant to a lawful
admission.''.
(2) Applicability to individual's who no longer have legal
status.--Notwithstanding the lack of legal status or physical
presence in the United States, a person shall be deemed to meet
the requirements under section 320 of the Immigration and
Nationality Act, as amended by paragraph (1), if the person--
(A) was born outside of the United States;
(B) was adopted by a United States citizen before
the person reached 18 years of age;
(C) was legally admitted to the United States; and
(D) would have qualified for automatic United
States citizenship if the amendments made by paragraph
(1) had been in effect at the time of such admission.
(d) Retroactive Application.--Section 320(b) (8 U.S.C. 1431(b)) is
amended by inserting ``, regardless of the date on which the adoption
was finalized'' before the period at the end.
(e) Applicability.--The amendments made by this section shall apply
to any individual adopted by a citizen of the United States regardless
of whether the adoption occurred prior to, on, or after the date of the
enactment of the Child Citizenship Act of 2000.
SEC. 2555. TREATMENT OF CERTAIN PERSONS AS HAVING SATISFIED ENGLISH AND
CIVICS, GOOD MORAL CHARACTER, AND HONORABLE SERVICE AND
DISCHARGE REQUIREMENTS FOR NATURALIZATION.
(a) Immigration and Nationality Act.--The Immigration and
Nationality Act is amended by inserting after section 329A (8 U.S.C.
1440-1) the following new section:
``SEC. 329B. PERSONS WHO HAVE RECEIVED AN AWARD FOR ENGAGEMENT IN
ACTIVE COMBAT OR ACTIVE PARTICIPATION IN COMBAT.
``(a) In General.--
``(1) In general.--For purposes of naturalization and
continuing citizenship under the following provisions of law, a
person who has received an award described in subsection (b)
shall be treated--
``(A) as having satisfied the requirements in
sections 312(a), 316(a)(3), and subsections (b)(3),
(c), and (e) of section 328; and
``(B) except as provided in paragraph (2), under
sections 328 and 329, as having served honorably in the
Armed Forces for (in the case of section 328) a period
or periods aggregating one year, and, if separated from
such service, as having been separated under honorable
conditions.
``(2) Revocation.--Notwithstanding paragraph (1)(B), any
person who separated from the Armed Forces under other than
honorable conditions may be subject to revocation of
citizenship under section 328(f) or 329(c) if the other
requirements of such section are met.
``(b) Application.--This section shall apply with respect to the
following awards from the Armed Forces of the United States:
``(1) The Combat Infantryman Badge from the Army.
``(2) The Combat Medical Badge from the Army.
``(3) The Combat Action Badge from the Army.
``(4) The Combat Action Ribbon from the Navy, the Marine
Corps, or the Coast Guard.
``(5) The Air Force Combat Action Medal.
``(6) Any other award that the Secretary of Defense
determines to be an equivalent award for engagement in active
combat or active participation in combat.''.
(b) Clerical Amendment.--The table of contents of such Act (8
U.S.C. 1101 et seq.) is amended by inserting after the item relating to
section 329A the following:
``Sec. 329B. Persons who have received an award for engagement in
active combat or active participation in
combat.''.
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 unauthorized alien.
``(B) 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)(J) 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 for a fee 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.--
``(A) In general.--Subject only to subparagraph
(B), all rights and remedies provided under any
Federal, State, or local law relating to workplace
rights, including but not limited to back pay, are
available to an employee despite--
``(i) the employee's status as an
unauthorized alien during or after the period
of employment; or
``(ii) the employer's or employee's failure
to comply with the requirements of this
section.
``(B) Reinstatement.--Reinstatement shall be
available to individuals who--
``(i) are authorized to work in the United
States at the time such relief is ordered or
effectuated; or
``(ii) lost employment-authorized status
due to the unlawful acts of the employer under
this section.
``(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
acting on behalf of an employer, 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 or video conference;
``(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, an outlying
possession of the United States, 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
record), 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 parent or legal guardian 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 an
outlying possession of the
United States; 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
hiring 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 comment, 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 addition
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 citizen 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) shall permit an employer to retain
such form in paper, microfiche, microfilm,
portable document format, 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 citizens or 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, shall 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
subparagraph (B), 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 employment.--Not later than 4
years after regulations are published implementing this
subsection, employers of employees performing
agricultural employment (as defined in section 218A of
this Act and section 2202 of the Border Security,
Economic Opportunity, and Immigration Modernization
Act) shall participate in the System with respect to
all newly hired employees and employees with expiring
temporary employment authorization documents. An
agricultural employee shall not be counted for purposes
of subparagraph (D) or (E).
``(G) All employers.--Except as provided in
subparagraph (H), 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 and 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
status as a national of the United
States 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--
``(aa) directly notify the
individual and the employer, by
means of electronic
correspondence, mail, text
message, telephone, or other
direct communication, of a
nonconfirmation or further
action notice;
``(bb) provide information
about filing an administrative
appeal under paragraph (6) and
a filing for review before an
administrative law judge under
paragraph (7); and
``(cc) establish procedures
to directly notify the
individual and the employer of
a confirmation.
``(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
the contestation to the further
action notice is withdrawn; or
``(cc) if an appeal before
an administrative law judge
under paragraph (7) has been
filed, the nonconfirmation has
been upheld or the appeal has
been withdrawn or dismissed.
``(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 a 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 (7).
``(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 files for
review with 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).
``(iv) Weekly report.--The Director of U.S.
Citizenship and Immigration Services shall
submit a weekly report to the Assistant
Secretary for Immigration and Customs
Enforcement that includes, for each individual
who receives final nonconfirmation through the
System--
``(I) the name of such individual;
``(II) his or her social security
number or alien file number;
``(III) the name and contact
information for his or her current
employer; and
``(IV) any other critical
information that the Assistant
Secretary determines to be appropriate.
``(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) 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
and the Attorney General, 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;
``(bb) to prevent misuse,
discrimination, fraud, or
identity theft in the use of
the System; or
``(cc) to protect and
maintain the confidentiality of
information that could be used
to locate or otherwise place at
risk of harm victims of
domestic violence, dating
violence, sexual assault,
stalking, and human
trafficking, and of the
applicant or beneficiary of any
petition described in section
384(a)(2) of the Illegal
Immigration Reform and
Immigrant Responsibility Act of
1996 (8 U.S.C. 1367(a)(2)).
``(II) Notice.--The regulations
issued under subclause (I) shall be--
``(aa) published in the
Federal Register; and
``(bb) provided 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;
``(ii) for ensuring that designated agents
and other System service providers are subject
to monitoring to the same extent as direct
access users; and
``(iii) for establishing standards for
certification of electronic I-9 programs.
``(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 an 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 a Department of Justice
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 the administrative
appeal and the administrative law judge
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, to protect privacy
and assess System accuracy, 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) Accuracy audits.--
``(I) In general.--Not later than
November 30 of each year, the Inspector
General of the Department of Homeland
Security shall submit a report to the
Secretary, with a copy to the President
of the Senate and the Speaker of the
House of Representatives, that sets
forth the error rate of the System for
the previous fiscal year and the
assessments required to be submitted by
the Secretary under subparagraphs (A)
and (B) of paragraph (10). The report
shall describe in detail the
methodology employed for purposes of
the report, and shall make
recommendations for how error rates may
be reduced.
``(II) Error rate defined.--In this
clause, the term `error rate' means the
percentage determined by dividing--
``(aa) the number of
employment authorized
individuals who received
further action notices,
contested such notices, and
were subsequently found to be
employment authorized; by
``(bb) the number of System
inquiries submitted for
employment authorized
individuals.
``(III) Reduction of penalties for
recordkeeping or verification practices
following persistent system
inaccuracies.--Notwithstanding
subsection (e)(4)(C)(i), in any
calendar year following a report by the
Inspector General under subclause (I)
that the System had an error rate
higher than 0.3 percent for the
previous fiscal year, the civil penalty
assessable by the Secretary or an
administrative law judge under that
subsection for each first-time
violation by an employer who has not
previously been penalized under this
section may not exceed $1,000.
``(iv) 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.
``(v) Records security program.--In
addition to the security measures described in
clause (iv), 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.
``(vi) 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) 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.
``(E) 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) 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).
``(vi) Allowing parents to prevent theft of
their child's identity.--The Secretary, in
consultation with the Commissioner, shall
establish a program that provides a reliable,
secure method by which parents or legal
guardians may suspend or limit the use of the
social security account number or other
identifying information of a minor under their
care for the purposes of the System. The
Secretary may implement the program on a
limited pilot program basis before making it
fully available to all individuals.
``(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.
``(F) 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)(D)(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.
``(G) 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)(C) 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.
``(H) 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, as submitted to the Secretary
by the Inspector General of the Department of Homeland
Security pursuant to paragraph (8)(C)(iii)(I), 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, as submitted to the Secretary
by the Inspector General of the Department of Homeland
Security pursuant to paragraph (8)(C)(iii)(I), 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 naturalized United
States citizens, nationals of the United
States, 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 further fines and the voiding of
any mitigation of penalties or termination of
proceedings under paragraph (4)(E); 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 in the previous 3 years, 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)(E).
``(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
minute 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 under subsection
(d)(2)), 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 order issued under paragraph (3)(D), 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 order issued under paragraph
(3)(D).
``(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 order 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 of a lien
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 of residence.--For purposes of
subparagraph (B)(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 this section on 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(a)(1) 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 chapter 5 of
title 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 a fee 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, in consultation with the Secretary of Agriculture, shall
submit a report to Congress 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--
(A) the effects of the documentary requirements of
section 274A of the Immigration and Nationality Act, as
amended by subsection (a), on employers, naturalized
United States citizens, nationals of the United States,
and individuals with employment authorized status; and
(B) the challenges such employers, citizens,
nationals, or individuals may face in obtaining the
documentation required under that section.
(2) Report.--Not later than 4 years after the date of 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 challenges 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.--
(A) Continuation of e-verify program.--
Notwithstanding the repeals made by paragraph (1), the
Secretary shall continue to operate the E-Verify
Program as 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 the minute before the date of the
enactment of this Act, until the transition to the
System described in section 274A(d) of the Immigration
and Nationality Act, as amended by subsection (a), is
determined by the Secretary to be complete.
(B) Transition to the system.--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
the minute before the date of the enactment of this
Act, shall participate in the System described in
section 274A(d) 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 minute before the date of the enactment of this
Act.
(f) Conforming Amendment.--Section 274(a) (8 U.S.C. 1324(a)) is
amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraph (4) as paragraph (3).
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 Act, 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 the enactment of this Act, the Commissioner of
Social Security shall issue only social security cards
determined to be fraud-resistant, tamper-resistant,
wear-resistant, and identity theft-resistant.
(2) Amendment.--
(A) In general.--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.''.
(B) Effective date.--The amendment made by
subparagraph (A) shall take effect on the date that is
5 years after the date of the enactment of this Act.
(3) Authorization of appropriation.--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 and the amendments made
by this section.
(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, 274B, or
274C of the Immigration and Nationality Act (8 U.S.C.
1324a, 1324b, and 1324c), after receiving a written
request from an officer in a supervisory position or
higher official of any Federal law enforcement agency,
the following records of the Social Security
Administration:
(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(a)) 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 3 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 for a fee
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 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) Prohibition of withholding employment records.--It is
an unfair immigration-related employment practice for an
employer that is required under Federal, State, or local law to
maintain records documenting employment, including dates or
hours of work and wages received, to fail to provide such
records to any employee upon request.
``(8) Professional, commercial, and business licenses.--An
individual who is authorized to be employed in the United
States may not be denied a professional, commercial, or
business license on the basis of his or her immigration status.
``(9) 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 (iv) 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 (7)
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 and 3104 and the amendments
made by such sections (except for section 274A(d)(7) of
the Immigration and Nationality Act); and
(B) the Attorney General shall issue regulations
implementing section 274A(d)(7) of the Immigration and
Nationality Act, as added by section 3101, section
3105, and the amendments made by such sections.
(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.
SEC. 3107. OFFICE OF THE SMALL BUSINESS AND EMPLOYEE ADVOCATE.
(a) Establishment of Small Business and Employee Advocate.--The
Secretary shall establish and maintain within U.S. Citizenship and
Immigration Services the Office of the Small Business and Employee
Advocate (in this section referred to as the ``Office''). The purpose
of the Office shall be to assist small businesses and individuals in
complying with the requirements of section 274A of the Immigration and
Nationality Act (8 U.S.C. 1324a), as amended by this Act, including the
resolution of conflicts arising in the course of attempted compliance
with such requirements.
(b) Functions.--The functions of the Office shall include, but not
be limited to, the following:
(1) Informing small businesses and individuals about the
verification practices required by section 274A of the
Immigration and Nationality Act, including, but not limited to,
the document verification requirements and the employment
verification system requirements under subsections (c) and (d)
of that section.
(2) Assisting small businesses and individuals in
addressing allegedly erroneous further action notices and
nonconfirmations issued under subsection (d) of section 274A of
the Immigration and Nationality Act.
(3) Informing small businesses and individuals of the
financial liabilities and criminal penalties that apply to
violations and failures to comply with the requirements of
section 274A of the Immigration and Nationality Act, including,
but not limited to, by issuing best practices for compliance
with that section.
(4) To the extent practicable, proposing changes to the
Secretary in the administrative practices of the employment
verification system required under subsection (d) of section
274A of the Immigration and Nationality Act to mitigate the
problems identified under paragraph (2).
(5) Making recommendations through the Secretary to
Congress for legislative action to mitigate such problems.
(c) Authority To Issue Assistance Order.--
(1) In general.--Upon application filed by a small business
or individual with the Office (in such form, manner, and at
such time as the Secretary shall by regulations prescribe), the
Office may issue an assistance order if--
(A) the Office determines the small business or
individual is suffering or about to suffer a
significant hardship as a result of the manner in which
the employment verification laws under subsections (c)
and (d) of section 274A of the Immigration and
Nationality Act are being administered by the
Secretary; or
(B) the small business or individual meets such
other requirements as are set forth in regulations
prescribed by the Secretary.
(2) Determination of hardship.--For purposes of paragraph
(1), a significant hardship shall include--
(A) an immediate threat of adverse action;
(B) a delay of more than 60 days in resolving
employment verification system problems;
(C) the incurring by the small business or
individual of significant costs if relief is not
granted; or
(D) irreparable injury to, or a long-term adverse
impact on, the small business or individual if relief
is not granted.
(3) Standards when administrative guidance not followed.--
In cases where a U.S. Citizenship and Immigration Services
employee is not following applicable published administrative
guidance, the Office shall construe the factors taken into
account in determining whether to issue an assistance order
under this subsection in the manner most favorable to the small
business or individual.
(4) Terms of assistance order.--The terms of an assistance
order under this subsection may require the Secretary within a
specified time period--
(A) to determine whether any employee is or is not
authorized to work in the United States; or
(B) to abate any penalty under section 274A of the
Immigration and Nationality Act that the Office
determines is arbitrary, capricious, or
disproportionate to the underlying offense.
(5) Authority to modify or rescind.--Any assistance order
issued by the Office under this subsection may be modified or
rescinded--
(A) only by the Office, the Director or Deputy
Director of U.S. Citizenship and Immigration Services,
or the Secretary or the Secretary's designee; and
(B) if rescinded by the Director or Deputy Director
of U.S. Citizenship and Immigration Services, only if a
written explanation of the reasons of such official for
the modification or rescission is provided to the
Office.
(6) Suspension of running of period of limitation.--The
running of any period of limitation with respect to an action
described in paragraph (4)(A) shall be suspended for--
(A) the period beginning on the date of the small
business or individual's application under paragraph
(1) and ending on the date of the Office's decision
with respect to such application; and
(B) any period specified by the Office in an
assistance order issued under this subsection pursuant
to such application.
(7) Independent action of office.--Nothing in this
subsection shall prevent the Office from taking any action in
the absence of an application under paragraph (1).
(d) Accessibility to the Public.--
(1) In person, online, and telephone assistance.--The
Office shall provide information and assistance specified in
subsection (b) in person at locations designated by the
Secretary, online through an Internet website of the Department
available to the public, and by telephone.
(2) Availability to all employers.--In making information
and assistance available, the Office shall prioritize the needs
of small businesses and individuals. However, the information
and assistance available through the Office shall be available
to any employer.
(e) Avoiding Duplication Through Coordination.--In the discharge of
the functions of the Office, the Secretary shall consult 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 in order to avoid
duplication of efforts across the Federal Government.
(f) Definitions.--In this section:
(1) The term ``employer'' has the meaning given that term
in section 274A(b) of the Immigration and Nationality Act.
(2) The term ``small business'' means an employer with 49
or fewer employees.
(g) Funding.--There shall be appropriated, from the Comprehensive
Immigration Reform Trust Fund established by section 6(a)(1) of this
Act, such sums as may be necessary to carry out the functions of the
Office.
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, legal 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,
State, or local authorities
investigating or prosecuting criminal
activity described in clause (iii); or
``(bb) any Federal, State, or local
governmental agency or judge
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 or judge 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), by inserting ``child abuse; elder
abuse;'' after ``stalking;'';
(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)(I) 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 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 claim regarding 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 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; or''.
(2) Workplace claim defined.--Section 384 of such Act (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 subsection (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) Construction.--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 described in
section 101(a)(15)(U)(iv) of the Immigration and Nationality
Act 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 that 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 and the
Attorney General 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.
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) The appropriations necessary 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) Establishment of Reimbursable Agreement Between the Department
of Homeland Security and the Social Security Administration.--Effective
for fiscal years beginning on or after the date of enactment of this
Act, the Secretary and the Commissioner of Social Security shall enter
into and maintain an agreement that--
(1) provides funds to the Commissioner for the full costs
of the responsibilities of the Commissioner under this section,
including--
(A) acquiring, installing, and maintaining
technological equipment and systems necessary for the
fulfillment of the responsibilities of the Commissioner
under this section; and
(B) responding to individuals who contest a further
action notice provided by the employment verification
system established under section 274A of the
Immigration and Nationality Act, as amended by section
3101;
(2) provides such funds quarterly in advance of the
applicable quarter based on estimating methodology agreed to by
the Commissioner and the Secretary; and
(3) requires an annual accounting and reconciliation of the
actual costs incurred and the funds provided under the
agreement which shall be reviewed by the Office of the
Inspector General of the Social Security Administration and the
Department.
(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.
(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.--
(1) In general.--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.
(2) Biometric exit data system.--Not later than 2 years
after the date of the enactment of this Act, the Secretary
shall establish a mandatory biometric exit data system at the
10 United States airports that support the highest volume of
international air travel, as determined by Department of
Transportation international flight departure data.
(3) Implementation report.--Not later than 60 days after
the date of the enactment of this Act, the Secretary shall
submit to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security of
the House of Representatives a report the implementation of the
biometric exit data system referred to in paragraph (2), the
impact of such system on any additional wait times for
travelers, and projections for new officer personnel, including
U.S. Customs and Border Protection officers.
(4) Effectiveness report.--Not later than 3 years after the
date of the enactment of this Act, the Secretary shall submit a
report to Congress that analyzes the effectiveness of biometric
exit data collection at the 10 airports referred to in
paragraph (2).
(5) Mandatory biometric exit data system.--Absent
intervening action by Congress, the Secretary, not later than 6
years after the date of the enactment of this Act, shall
establish a mandatory biometric exit data system at all the
Core 30 international airports in the United States, as so
designated by the Federal Aviation Administration.
(6) Expansion of biometric exit data system to major sea
and land ports.--Not later than 6 years after the date of the
enactment of this Act, the Secretary shall submit a plan to
Congress for the expansion of the biometric exit system to
major sea and land entry and exit points within the United
States based upon--
(A) the performance of the program established
pursuant to paragraph (2);
(B) the findings of the study conducted pursuant to
paragraph (4); and
(C) the projected costs to develop and deploy an
effective biometric exit data system.
(7) Data collection.--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
(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.
(c) Information Sharing.--The Secretary shall report to the
appropriate Federal law enforcement agency, intelligence agency,
national security agency, or component of the Department of Homeland
Security any alien who was lawfully admitted into the United States and
whose individual data in the integrated exit data system shows that he
or she has not departed the country when he or she was legally required
to do so, and shall ensure that--
(1) if the alien has departed the United States when he or
she was legally required to do so, the information contained in
the integrated exit data system is updated to reflect the
alien's departure; or
(2) if the alien has not departed the United States when he
or she was legally required to do so, reasonably available
enforcement resources are employed to locate the alien and to
commence removal proceedings against the alien.
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 presently or routinely are available if an alien
needs processing assistance; and
(B) which is equipped with technology that can
securely collect and transmit identity-theft resistant
departure 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 subsection (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 paragraph
(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 noncrew subject to the requirement to
provide information upon departure for US-VISIT processing
shall collect identity-theft resistant departure manifest
information from each alien at an identity-theft resistant
collection location at the airport or seaport before boarding
that alien on transportation for departure from the United
States, at a time as 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 of 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 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 the 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) Specific investigation.--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) National security.--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.
(c) 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 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 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 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.
SEC. 3306. ENHANCED PENALTIES FOR CERTAIN DRUG OFFENSES ON FEDERAL
LANDS.
(a) Cultivating or Manufacturing Controlled Substances on Federal
Property.--Section 401(b)(5) of the Controlled Substances Act (21
U.S.C. 841(b)(5)) is amended by striking ``as provided in this
subsection'' and inserting ``for not more than 10 years, in addition to
any other term of imprisonment imposed under this subsection,''.
(b) Use of Hazardous Substances.--Pursuant to its authority under
section 994 of title 28, United States Code, the United States
Sentencing Commission shall amend the Federal Sentencing Guidelines and
policy statements to ensure that the guidelines provide an additional
penalty increase of 2 offense levels above the sentence otherwise
applicable for a violation of section 401(a) of the Controlled
Substances Act (21 U.S.C. 841(a)) if the offense--
(1) includes the use of a poison, chemical, or other
hazardous substance to cultivate or manufacture controlled
substances on Federal property;
(2) creates a hazard to humans, wildlife, or domestic
animals;
(3) degrades or harms the environment or natural resources;
or
(4) pollutes an aquifer, spring, stream, river, or body of
water.
(c) Stream Diversion or Clear Cutting on Federal Property.--
(1) Prohibition on stream diversion or clear cutting on
federal property.--Section 401(b) of the Controlled Substances
Act is amended by adding at the end the following:
``(8) Destruction of bodies of water.--Any person who
violates subsection (a) in a manner that diverts, redirects,
obstructs, or drains an aquifer, spring, stream, river, or body
of water or clear cuts timber while cultivating or
manufacturing a controlled substance on Federal property shall
be fined in accordance with title 18, United States Code.''.
(2) Federal sentencing guidelines enhancement.--Pursuant to
its authority under section 994 of title 28, United States
Code, the United States Sentencing Commission shall amend the
Federal Sentencing Guidelines and policy statements to ensure
that the guidelines provide an additional penalty increase of 2
offense levels for above the sentence otherwise applicable for
a violation of section 401(a) of the Controlled Substances Act
(21 U.S.C. 841(a)) if the offense involves the diversion,
redirection, obstruction, or draining of an aquifer, spring,
stream, river, or body of water or the clear cut of timber
while cultivating or manufacturing a controlled substance on
Federal property.
(d) Booby Traps on Federal Land.--Section 401(d)(1) of the
Controlled Substances Act (21 U.S.C. 841(d)(1)) is amended by inserting
``cultivated,'' after ``is being''.
(e) Use or Possession of Firearms in Connection With Drug Offenses
on Federal Lands.--Pursuant to its authority under section 994 of title
28, United States Code, the United States Sentencing Commission shall
amend the Federal Sentencing Guidelines and policy statements to ensure
that the guidelines provide an additional penalty increase of 2 offense
levels above the sentence otherwise applicable for a violation of
section 401(a) of the Controlled Substances Act (21 U.S.C. 841(a)) if
the offense involves the possession of a firearm while cultivating or
manufacturing controlled substances on Federal lands.
Subtitle D--Asylum and Refugee Provisions
SEC. 3400. SHORT TITLE.
This subtitle may be cited as the ``Frank R. Lautenberg Asylum and
Refugee Reform Act''.
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 under subparagraph (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
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.
(a) Termination of Certain Preferential Treatment in Immigration of
Amerasians.--Section 584 of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1988 (8 U.S.C. 1101 note) is
amended by adding at the end the following:
``(f) No visa may be issued under this section if the petition or
application for such visa is submitted on or after the date of the
enactment of the Border Security, Economic Opportunity, and Immigration
Modernization Act.''.
(b) Refugee Designation.--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 and be admissible
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 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 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. WORK AUTHORIZATION WHILE APPLICATIONS FOR U AND T VISAS ARE
PENDING.
(a) U Visas.--Section 214(p) (8 U.S.C. 1184(p)), as amended by
section 3406 of this Act, is further amended--
(1) in paragraph (6), by striking the last sentence; and
(2) by adding at the end the following:
``(7) Work authorization.--Notwithstanding any provision of
this Act granting eligibility for employment in the United
States, the Secretary of Homeland Security shall grant
employment authorization to an alien who has filed an
application for nonimmigrant status under section 101(a)(15)(U)
on the date that is the earlier of--
``(A) the date on which the alien's application for
such status is approved; or
``(B) a date determined by the Secretary that is
not later than 180 days after the date on which the
alien filed the application.''.
(b) T Visas.--Section 214(o) (8 U.S.C. 1184(o)) is amended by
adding at the end the following:
``(8) Notwithstanding any provision of this Act granting
eligibility for employment in the United States, the Secretary
of Homeland Security shall grant employment authorization to an
alien who has filed an application for nonimmigrant status
under section 101(a)(15)(T) on the date that is the earlier
of--
``(A) the date on which the alien's application for
such status is approved; or
``(B) a date determined by the Secretary that is
not later than 180 days after the date on which the
alien filed the application.''.
SEC. 3408. 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.''.
SEC. 3409. LAW ENFORCEMENT AND NATIONAL SECURITY CHECKS.
(a) Refugees.--Section 207(c)(1) (8 U.S.C. 1157(c)(1)) is amended
by adding at the end the following: ``No alien shall be admitted as a
refugee until the identity of the applicant, including biographic and
biometric data, has been checked against all appropriate records or
databases maintained by the Secretary of Homeland Security, the
Attorney General, the Secretary of State, and other Federal records or
databases that the Secretary of Homeland Security considers necessary,
to determine any national security, law enforcement, or other grounds
on which the alien may be inadmissible to the United States or
ineligible to apply for or be granted refugee status.''.
(b) Asylees.--Section 208(d)(5)(A)(i) (8 U.S.C. 1158(d)(5)(A)(i))
is amended to read as follows:
``(i) asylum shall not be granted until the
identity of the applicant, using biographic and
biometric data, has been checked against all
appropriate records or databases maintained by
the Secretary of Homeland Security, the
Attorney General, the Secretary of State, and
other Federal records or databases that the
Secretary of Homeland Security considers
necessary, to determine any national security,
law enforcement, or other grounds on which the
alien may be inadmissible to the United States
or ineligible to apply for or be granted
asylum;''.
SEC. 3410. TIBETAN REFUGEE ASSISTANCE.
(a) Short Title.--This section may be cited as the ``Tibetan
Refugee Assistance Act of 2013''.
(b) Transition for Displaced Tibetans.--Notwithstanding the
numerical limitations specified in sections 201 and 202 of the
Immigration and Nationality Act (8 U.S.C. 1151 and 1152), 5,000
immigrant visas shall be made available to qualified displaced Tibetans
described in subsection (c) during the 3-year period beginning on
October 1, 2013.
(c) Qualified Displaced Tibetan Described.--
(1) In general.--An individual is a qualified displaced
Tibetan if such individual--
(A) is a native of Tibet; and
(B) has been continuously residing in India or
Nepal since before the date of the enactment of this
Act.
(2) Native of tibet described.--For purposes of paragraph
(1)(A), an individual shall be considered a native of Tibet if
such individual--
(A) was born in Tibet; or
(B) is the son, daughter, grandson, or
granddaughter of an individual who was born in Tibet.
(d) Derivative Status for Spouses and Children.--A spouse or child
(as defined in subparagraphs (A), (B), (C), (D), or (E) of section
101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)))
shall, if not otherwise entitled to an immigrant status and the
immediate issuance of a visa under this section, be entitled to the
same status, and the same order of consideration, provided under this
section, if accompanying, or following to join, the spouse or parent of
such spouse or child.
(e) Distribution of Visa Numbers.--The Secretary of State shall
ensure that immigrant visas provided under subsection (b) are made
available to qualified displaced Tibetans described in subsection (c)
or (d) in an equitable manner, giving preference to those qualified
displaced Tibetans who--
(1) are not resettled in India or Nepal; or
(2) are most likely to be resettled successfully in the
United States.
SEC. 3411. TERMINATION OF ASYLUM OR REFUGEE STATUS.
(a) Termination of Status.--Except as provided in subsections (b)
and (c), any alien who is granted asylum or refugee status under this
Act or the Immigration and Nationality Act (8 U.S.C. 1101 et seq.),
who, without good cause as determined by the Secretary or the Attorney
General, subsequently returns to the country of such alien's
nationality or, in the case of an alien having no nationality, returns
to any country in which such alien last habitually resided, and who
applied for such status because of persecution or a well-founded fear
of persecution in that country on account of race, religion,
nationality, membership in a particular social group, or political
opinion, shall have his or her refugee or asylum status terminated.
(b) Waiver.--The Secretary has discretion to waive subsection (a)
if it is established to the satisfaction of the Secretary or the
Attorney General that the alien had good cause for the return. The
waiver may be sought prior to departure from the United States or upon
return.
(c) Exception for Certain Aliens From Cuba.--Subsection (a) shall
not apply to an alien who is eligible for adjustment to that of an
alien lawfully admitted for permanent residence pursuant to the Cuban
Adjustment Act of 1966 (Public Law 89-732).
SEC. 3412. ASYLUM CLOCK.
Section 208(d)(2) (8 U.S.C. 1158(d)(2)) is amended by striking ``is
not entitled to employment authorization'' and all that follows through
``prior to 180 days after'' and inserting ``shall be provided
employment authorization 180 days after''.
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; Right To Review
Certain Documents in Removal Proceedings.--Section 240(b) (8 U.S.C.
1229a(b)) is amended--
(1) in paragraph (4)--
(A) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively;
(B) in subparagraph (A), by striking ``, at no
expense to the Government,'';
(C) by inserting after subparagraph (A) the
following new subparagraph:
``(B) the alien shall, at the beginning of the
proceedings or at a reasonable time thereafter,
automatically receive a complete copy of all relevant
documents in the possession of the Department of
Homeland Security, including all documents (other than
documents protected from disclosure by privilege,
including national security information referenced in
subparagraph (C), law enforcement sensitive
information, and information prohibited from disclosure
pursuant to any other provision of law) contained in
the file maintained by the Government that includes
information with respect to all transactions involving
the alien during the immigration process (commonly
referred to as an `A-file'), and all documents
pertaining to the alien that the Department of Homeland
Security has obtained or received from other government
agencies, unless the alien waives the right to receive
such documents by executing a knowing and voluntary
waiver in a language that he or she understands
fluently,''; and
(D) 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.''; and
(2) by adding at the end the following new paragraph:
``(8) Failure to provide alien required documents.--In the
absence of a waiver under subparagraph (B) of paragraph (4), a
removal proceeding may not proceed until the alien has received
the documents as required under such subparagraph.''.
(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(1) of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102(1)), 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 maintain, 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, in consultation with the Attorney
General, 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 to serve on the Board of Immigration
Appeals within the Executive Office of Immigration Review, and
is 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 or the Department of Homeland
Security 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.
SEC. 3507. TRANSFER OF RESPONSIBILITY FOR TRAFFICKING PROTECTIONS.
(a) Transfer of Responsibility.--
(1) In general.--All unexpended balances appropriated or
otherwise available to the Department of Health and Human
Services and its Office of Refugee Resettlement in connection
with the functions provided for in paragraphs (5) and (6) of
section 235(c) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)),
shall, subject to section 202 of the Budget and Accounting
Procedures Act of 1950, be transferred to the Department of
Justice. Funds transferred pursuant to this paragraph shall
remain available until expended and shall be used only for the
purposes for which the funds were originally authorized and
appropriated.
(2) Contract authority.--The Attorney General may award
grants to, and enter into contracts to carry out the functions
set forth in paragraphs (5) and (6) of Section 235(c) of the
William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008.
(b) Conforming Amendments.--Section 235(c) of the William
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008
(8 U.S.C. 1232(c)) is amended--
(1) in paragraph (5)--
(A) by striking ``Secretary of Health and Human
Services'' each place it appears and inserting
``Attorney General''; and
(B) by striking the last sentence; and
(2) in paragraph (6)--
(A) by striking ``Secretary of Health and Human
Services'' each place it appears and inserting
``Attorney General'';
(B) in subparagraphs (B)(ii), (D), and (F), by
striking ``Secretary'' each place it appears and
inserting ``Attorney General''; and
(C) in subparagraph (F), by striking ``and Human
Services''.
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 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, or
related activities with respect to 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) Worker.--The term ``worker'' means an individual who is
the subject of foreign labor contracting activity and does not
include an exchange visitor (as defined in section 62.2 of
title 22, Code of Federal Regulations, or any similar successor
regulation).
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, the terms and conditions under which the visa may be
renewed, and a clear statement of 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;
(B) explaining that--
(i) no additional significant requirements
or changes may be made to the original contract
signed by the worker without at least 24 hours
to consider such changes and the specific
consent of the worker, obtained voluntarily and
without threat of penalty; and
(ii) any significant changes made to the
original contract that do not comply with
clause (i) shall be a violation of this
subtitle and be subject to the provisions of
section 3610 of this Act; and
(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 3610; 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--
(A) the nature, timing, and cost of such training;
(B) the person who will pay such costs;
(C) whether the training is a condition of
employment, continued employment, or future employment;
and
(D) whether the worker will be paid or remunerated
during the training period, including the rate of pay.
(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 subsection (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.
(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, a description of the services for
which the foreign labor contractor is being used, whether the
foreign labor contractor is to receive any economic
compensation for the services, and, if so, the identity of the
person or entity who is paying for 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 7 days 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 or any Federal or
State court in 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; and
(9) providing for consultation with other appropriate
Federal agencies to determine whether any reason exists to deny
registration to a foreign labor contractor.
(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; or
(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
(W) 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 subsection (a) 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 publicly available in written form and online,
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
publicly available online, 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 and subcategory.
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) Enforcement.--
(1) In general.--A worker who believes that he or she has
suffered a violation of this subtitle may seek relief from an
employer by--
(A) filing a complaint with the Secretary within 3
years after the date on which the violation occurred or
date on which the employee became aware of the
violation; or
(B) if the Secretary has not issued a final
decision within 120 days of the filing of the complaint
and there is no showing that such delay is due to the
bad faith of the claimant, bringing an action at law or
equity for de novo review in the appropriate district
court of the United States, which shall have
jurisdiction over such an action without regard to the
amount in controversy.
(2) Procedure.--
(A) In general.--Unless otherwise provided herein,
a complaint under paragraph (1)(A) shall be governed
under the rules and procedures set forth in paragraphs
(1) and (2)(A) of section 42121(b) of title 49, United
States Code.
(B) Exception.--Notification of a complaint under
paragraph (1)(A) shall be made to each person or entity
named in the complaint as a defendant and to the
employer.
(C) Statute of limitations.--An action filed in a
district court of the United States under paragraph
(1)(B) shall be commenced not later than 180 days after
the last day of the 120-day period referred to in that
paragraph.
(D) Jury trial.--A party to an action brought under
paragraph (1)(B) shall be entitled to trial by jury.
(c) 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.
(d) 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.
(e) 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.
(f) 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 that does not meet the requirements
under subsection (g)(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 homeland security.--
(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 Attorney
General 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 subtitle)
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
not 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.
(g) Agency Liability.--
(1) In general.--Beginning 180 days after the Secretary 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.
(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 pursuant to section 3604.
(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.
(h) 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.
(i) 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.
(j) Presence During Pendency of Actions.--
(1) In general.--If other immigration relief is not
available, the Attorney General and the Secretary 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. DETECTING AND PREVENTING CHILD TRAFFICKING.
The Secretary shall mandate the live training of all U.S. Customs
and Border Protection personnel who are likely to come into contact
with unaccompanied alien children. Such training shall incorporate the
services of child welfare professionals with expertise in culturally
competent, trauma-centered, and developmentally appropriate
interviewing skills to assist U.S. Customs and Border Protection in the
screening of children attempting to enter the United States.
SEC. 3612. PROTECTING CHILD TRAFFICKING VICTIMS.
(a) Short Title.--This section may be cited as the ``Child
Trafficking Victims Protection Act''.
(b) Defined Term.--In this section, the term ``unaccompanied alien
children'' has the meaning given such term in section 462 of the
Homeland Security Act of 2002 (6 U.S.C. 279).
(c) Care and Transportation.--Notwithstanding any other provision
of law, the Secretary shall ensure that all unaccompanied alien
children who will undergo any immigration proceedings before the
Department or the Executive Office for Immigration Review are duly
transported and placed in the care and legal and physical custody of
the Office of Refugee Resettlement not later than 72 hours after their
apprehension absent exceptional circumstances, including a natural
disaster or comparable emergency beyond the control of the Secretary or
the Office of Refugee Resettlement. The Secretary, to the extent
practicable, shall ensure that female officers are continuously present
during the transfer and transport of female detainees who are in the
custody of the Department.
(d) Qualified Resources.--
(1) In general.--The Secretary shall provide adequately
trained and qualified staff and resources, including the
accommodation of child welfare officials, in accordance with
subsection (e), at U.S. Customs and Border Protection ports of
entry and stations.
(2) Child welfare professionals.--The Secretary of Health
and Human Services, in consultation with the Secretary, shall
hire, on a full- or part-time basis, child welfare
professionals who will provide assistance, either in person or
by other appropriate methods of communication, in not fewer
than 7 of the U.S. Customs and Border Protection offices or
stations with the largest number of unaccompanied alien child
apprehensions in the previous fiscal year.
(e) Child Welfare Professionals.--
(1) In general.--The Secretary, in consultation with the
Secretary of Health and Human Services, shall ensure that
qualified child welfare professionals with expertise in
culturally competent, trauma-centered, and developmentally
appropriate interviewing skills are available at each major
port of entry described in subsection (d).
(2) Duties.--Child welfare professionals described in
paragraph (1) shall--
(A) develop guidelines for treatment of
unaccompanied alien children in the custody of the
Department;
(B) conduct screening of all unaccompanied alien
children in accordance with section 235(a)(4) of the
William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (8 U.S.C. 1232(a)(4));
(C) notify the Department and the Office of Refugee
Resettlement of children that potentially meet the
notification and transfer requirements set forth in
subsections (a) and (b) of section 235 of such Act (8
U.S.C. 1232);
(D) interview adult relatives accompanying
unaccompanied alien children;
(E) provide an initial family relationship and
trafficking assessment and recommendations regarding
unaccompanied alien children's initial placements to
the Office of Refugee Resettlement, which shall be
conducted in accordance with the time frame set forth
in subsections (a)(4) and (b)(3) of section 235 of such
Act (8 U.S.C. 1232); and
(F) ensure that each unaccompanied alien child in
the custody of U.S. Customs and Border Protection--
(i) receives emergency medical care when
necessary;
(ii) receives emergency medical and mental
health care that complies with the standards
adopted pursuant to section 8(c) of the Prison
Rape Elimination Act of 2003 (42 U.S.C.
15607(c)) whenever necessary, including in
cases in which a child is at risk to harm
himself, herself, or others;
(iii) is provided with climate appropriate
clothing, shoes, basic personal hygiene and
sanitary products, a pillow, linens, and
sufficient blankets to rest at a comfortable
temperature;
(iv) receives adequate nutrition;
(v) enjoys a safe and sanitary living
environment;
(vi) has access to daily recreational
programs and activities if held for a period
longer than 24 hours;
(vii) has access to legal services and
consular officials; and
(viii) is permitted to make supervised
phone calls to family members.
(3) Final determinations.--The Office of Refugee
Resettlement in accordance with applicable policies and
procedures for sponsors, shall submit final determinations on
family relationships to the Secretary, who shall consider such
adult relatives for community-based support alternatives to
detention.
(4) Report.--Not later than 18 months after the date of the
enactment of this Act, and annually thereafter, the Secretary
shall submit a report to Congress that--
(A) describes the screening procedures used by the
child welfare professionals to screen unaccompanied
alien children;
(B) assesses the effectiveness of such screenings;
and
(C) includes data on all unaccompanied alien
children who were screened by child welfare
professionals;
(f) Immediate Notification.--The Secretary shall notify the Office
of Refugee Resettlement of an unaccompanied alien child in the custody
of the Department as soon as practicable, but generally not later than
48 hours after the Department encounters the child, to effectively and
efficiently coordinate the child's transfer to and placement with the
Office of Refugee Resettlement.
(g) Notice of Rights and Right to Access to Counsel.--
(1) In general.--The Secretary shall ensure that all
unaccompanied alien children, upon apprehension, are provided--
(A) an interview and screening with a child welfare
professional described in subsection (e)(1); and
(B) an orientation and oral and written notice of
their rights under the Immigration and Nationality Act,
including--
(i) their right to relief from removal;
(ii) their right to confer with counsel (as
guaranteed under section 292 of such Act (8
U.S.C. 1362)), family, or friends while in the
temporary custody of the Department; and
(iii) relevant complaint mechanisms to
report any abuse or misconduct they may have
experienced.
(2) Languages.--The Secretary shall ensure that--
(A) the video orientation and written notice of
rights described in paragraph (1) is available in
English and in the 5 most common native languages
spoken by the unaccompanied children held in custody at
that location during the preceding fiscal year; and
(B) the oral notice of rights is available in
English and in the most common native language spoken
by the unaccompanied children held in custody at that
location during the preceding fiscal year.
(h) Confidentiality.--The Secretary of Health and Human Services
shall maintain the privacy and confidentiality of all information
gathered in the course of providing care, custody, placement, and
follow-up services to unaccompanied alien children, consistent with the
best interest of the unaccompanied alien child, by not disclosing such
information to other government agencies or nonparental third parties
unless such disclosure is--
(1) recorded in writing and placed in the child's file;
(2) in the child's best interest; and
(3)(A) authorized by the child or by an approved sponsor in
accordance with section 235 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1232) and the Health Insurance Portability and
Accountability Act (Public Law 104-191); or
(B) provided to a duly recognized law enforcement entity to
prevent imminent and serious harm to another individual.
(i) Other Policies and Procedures.--The Secretary shall adopt
fundamental child protection policies and procedures--
(1) for reliable age determinations of children, developed
in consultation with medical and child welfare experts, which
exclude the use of fallible forensic testing of children's bone
and teeth;
(2) to utilize all legal authorities to defer the child's
removal if the child faces a risk of life-threatening harm upon
return including due to the child's mental health or medical
condition; and
(3) to ensure, in accordance with the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.),
that unaccompanied alien children, while in detention, are--
(A) physically separated from any adult who is not
an immediate family member; and
(B) separated from--
(i) immigration detainees and inmates with
criminal convictions;
(ii) pretrial inmates facing criminal
prosecution; and
(iii) inmates exhibiting violent behavior.
(j) Repatriation and Reintegration Program.--
(1) In general.--The Administrator of the United States
Agency for International Development, in conjunction with the
Secretary, the Secretary of Health and Human Services, the
Attorney General, international organizations, and
nongovernmental organizations in the United States with
expertise in repatriation and reintegration, shall create a
multi-year program to develop and implement best practices and
sustainable programs in the United States and within the
country of return to ensure the safe and sustainable
repatriation and reintegration of unaccompanied alien children
into their country of nationality or of last habitual
residence, including placement with their families, legal
guardians, or other sponsoring agencies.
(2) Report on repatriation and reintegration of
unaccompanied alien children.--Not later than 18 months after
the date of the enactment of this Act, and annually thereafter,
the Administrator of the Agency for International Development
shall submit a substantive report to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives on efforts to improve repatriation
and reintegration programs for unaccompanied alien children.
(k) Transfer of Funds.--
(1) Authorization.--The Secretary, in accordance with a
written agreement between the Secretary and the Secretary of
Health and Human Services, shall transfer such amounts as may
be necessary to carry out the duties described in subsection
(f)(2) from amounts appropriated for U.S. Customs and Border
Protection to the Department of Health and Human Services.
(2) Report.--Not later than 15 days before any proposed
transfer under paragraph (1), the Secretary of Health and Human
Services, in consultation with the Secretary, shall submit a
detailed expenditure plan that describes the actions proposed
to be taken with amounts transferred under such paragraph to--
(A) the Committee on Appropriations of the Senate;
and
(B) the Committee on Appropriations of the House of
Representatives.
SEC. 3613. 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. 3614. REGULATIONS.
The Secretary shall, in consultation with the Secretary of Labor,
prescribe regulations to implement this subtitle and to develop
policies and procedures to enforce the provisions of 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 by inserting after subparagraph (I) the following:
``(J) 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 the application of
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(a)(2)), as amended by section 3701(a), is further amended--
(1) by redesignating subparagraph (F) as subparagraph (L);
and
(2) by inserting after subparagraph (E) the following:
``(F) Habitual drunk drivers.--An alien convicted
of 3 or more offenses for driving under the influence
or driving while intoxicated on separate dates is
inadmissible.''.
(b) Grounds for Deportation.--Section 237(a)(2) (8 U.S.C.
1227(a)(2)), as amended by section 3701(b), is further amended by
adding at the end the following:
``(H) Habitual drunk drivers.--An alien convicted
of 3 or more offenses for driving under the influence
or driving while intoxicated, at least 1 of which
occurred after the date of the enactment of the Border
Security, Economic Opportunity, and Immigration
Modernization Act, is deportable.''.
(c) In General.--
(1) Aggravated felony.--Section 101(a)(43)(F) (8 U.S.C.
1101(a)(43)(F)) is amended by striking ``for which the term of
imprisonment'' and inserting ``, including a third drunk
driving conviction, for which the term of imprisonment is''.
(2) Effective date and application.--
(A) Effective date.--The amendment made by
paragraph (1) shall take effect on the date of the
enactment of this Act.
(B) Application.--
(i) In general.--Except as provided in
subparagraph (ii), the amendment made by
paragraph (1) shall apply to a conviction for
drunk driving that occurred before, on, or
after such date of enactment.
(ii) Two or more prior convictions.--An
alien who received 2 or more convictions for
drunk driving before the date of the enactment
of this Act may not be subject to removal for
the commission of an aggravated felony pursuant
to section 237(a)(2)(A)(iii) of the Immigration
and Nationality Act (8 U.S.C.
1227(a)(2)(A)(iii)) on the basis of such
convictions until the date on which the alien
is convicted of a drunk driving offense after
such date of enactment.
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 $5,000 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.
``(c) Fraudulent Marriage.--An individual who knowingly enters into
a marriage for the purpose of evading any provision of the immigration
laws shall be imprisoned for not more than 5 years, fined not more than
$250,000, or both.
``(d) Commercial Enterprises.--Any individual who knowingly
establishes a commercial enterprise for the purpose of evading any
provision of the immigration laws shall be imprisoned for not more than
5 years, fined in accordance with title 18, United States Code, or
both.''.
(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 1 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 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'';
(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 subparagraph (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)), 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 or attempts to misuse for their own purposes
any passport issued or designed for the use of another;
``(2) uses or attempts to use 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 or attempts to secure, possess, use, receive, buy,
sell, or distribute 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)), 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'';
(2) by redesignating subsection (b) as subsection (d); and
(3) by inserting after subsection (a) the following new
subsections:
``(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 the 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:
``(iii) of 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 3707, 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 part 208 of 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 this Act,
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.'';
and
(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), and (E) of
subsection (a)(2)''; and
(ii) by inserting ``or the 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 1 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 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 bond 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 the Immigration and
Nationality Act, except for aliens detained under section 236A of such
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,
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 noncompliance, 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
redetermination hearing for no more than 72 hours after service
of the custody decision, except that in no case shall the
hearing occur more than 6 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 not more than 14
days.
``(5) Except for aliens that the immigration judge has
determined are deportable under section 236(c) or certified
under section 236A, the immigration judge shall review the
custody determination de novo and may continue to 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 whom the immigration judge has
determined are deportable under section 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 ensure 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. An alien
may also obtain a de novo custody redetermination hearing at
any time 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) Limitations on Solitary Confinement.--
(1) In general.--Section 236(d) (8 U.S.C. 1226(d)) is
amended by adding at the end the following:
``(3) Nature of detention.--
``(A) Definitions.--In this paragraph:
``(i) Administrative segregation.--The term
`administrative segregation' means a
nonpunitive form of solitary confinement for
administrative reasons.
``(ii) Disciplinary segregation.--The term
`disciplinary segregation' means a punitive
form of solitary confinement for disciplinary
reasons.
``(iii) Serious mental illness.--The term
`serious mental illness' means a substantial
disorder of thought or mood that significantly
impairs judgment, behavior, capacity to
recognize reality, or ability to cope with the
ordinary demands of life.
``(iv) Solitary confinement.--The term
`solitary confinement' means cell confinement
of 22 hours or more per day.
``(B) Limitations on solitary confinement.--
``(i) In general.--The use of solitary
confinement of an alien in custody pursuant to
this section, section 235, or section 241 shall
be limited to situations in which such
confinement--
``(I) is necessary--
``(aa) to control a threat
to detainees, staff, or the
security of the facility;
``(bb) to discipline the
alien for a serious
disciplinary infraction if
alternative sanctions would not
adequately regulate the alien's
behavior; or
``(cc) for good order
during the last 24 hours before
an alien is released, removed,
or transferred from the
facility;
``(II) is limited to the briefest
term and under the least restrictive
conditions practicable and consistent
with the rationale for placement and
with the progress achieved by the
alien; and
``(III) complies with the
requirements set forth in this
subparagraph.
``(ii) Children.--Children who are younger
than 18 years of age may not be placed in
solitary confinement.
``(iii) Serious mental illness.--
``(I) In general.--An alien with a
serious mental illness may not be
placed in involuntary solitary
confinement due to mental illness
unless--
``(aa) such confinement is
necessary for the alien's own
protection; or
``(bb) if the alien
requires emergency
stabilization or poses a
significant threat to staff or
others in general population.
``(II) Maximum period.--An alien
diagnosed with serious mental illness
may not be placed in solitary
confinement for more than 15 days
unless the Secretary of Homeland
Security determines that--
``(aa) any less restrictive
alternative is more likely than
not to cause greater harm to
the alien than the solitary
confinement period imposed; or
``(bb) the likely harm to
the alien is not substantial
and the period of solitary
confinement is the least
restrictive alternative
necessary to protect the alien,
other detainees, or others.
``(iv) Own protection.--
``(I) In general.--Involuntary
solitary confinement for an alien's own
protection may be used only for the
least amount of time practicable and if
no readily available and less
restrictive alternative will maintain
the alien's safety.
``(II) Maximum period.--An alien
may not be placed in involuntary
solitary confinement for the alien's
own protection for longer than 15 days
unless the Secretary of Homeland
Security determines that any less
restrictive alternative is more likely
than not to cause greater harm to the
alien than the solitary confinement
period imposed.
``(III) Prohibited factors.--The
Secretary of Homeland Security may not
rely solely on an alien's age, physical
disability, sexual orientation, gender
identity, race, or religion. The
Secretary shall make an individualized
assessment in each case.
``(v) Medical care.--An alien placed in
solitary confinement--
``(I) shall be visited by a medical
professional at least 3 times each
week;
``(II) shall receive at least
weekly mental health monitoring by a
licensed mental health clinician; and
``(III) shall be removed from
solitary confinement if--
``(aa) a mental health
clinician determines that such
detention is having a
significant negative impact on
the alien's mental health; and
``(bb) an appropriate
alternative is available.
``(vi) Notification; access to counsel.--If
an alien is placed in solitary confinement, the
alien--
``(I) shall be informed verbally,
and in writing, of the reason for such
confinement and the intended duration
of such confinement, if specified at
the time of initial placement; and
``(II) shall be offered access to
counsel on the same basis as detainees
in the general population.
``(vii) Longer solitary confinement
periods.--If an alien has been subject to
involuntary solitary confinement for more than
14 consecutive days, the Secretary of Homeland
Security shall conduct a timely review to
determine whether continued placement is
justified by an extreme disciplinary infraction
or is the least restrictive means of protecting
the alien or others. Any alien held in solitary
confinement for more than 7 days shall be given
a reasonable opportunity to challenge such
placement with the detention facility
administrator, which will promptly respond to
such challenge in writing.
``(viii) Oversight.--The Secretary of
Homeland Security shall ensure that--
``(I) he or she is regularly
informed about the use of solitary
confinement in all facilities at which
aliens are detained; and
``(II) the Department fully
complies with the provisions under this
paragraph.
``(C) Disciplinary segregation.--Disciplinary
segregation is authorized only pursuant to the order of
a facility disciplinary panel following a hearing in
which the detainee is determined to have violated a
facility rule.
``(D) Administrative segregation.--Administrative
segregation is authorized only as necessary to ensure
the safety of the detainee or others, the protection of
property, or the security or good order of the
facility. Detainees in administrative segregation shall
be offered programming opportunities and privileges
consistent with those available in the general
population, except where precluded by safety or
security concerns.''.
(2) Annual report.--The Secretary shall--
(A) collect and compile information regarding the
prevalence, reasons for, and duration of solitary
confinement in all facilities described in paragraph
(3);
(B) submit an annual report containing the
information described in subparagraph (A) to Congress
not later than 30 days after the end of the reporting
period; and
(C) make the data contained in the report submitted
under subparagraph (B) publicly available.
(3) Rulemaking.--The Secretary shall adopt regulations or
policies to carry out section 236(d)(3) of the Immigration and
Nationality Act, as amended by paragraph (1), at all facilities
at which aliens are detained pursuant to section 235, 236, or
241 of such Act.
(c) 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) (8
U.S.C. 1182(a)(3)(E)) is amended by striking clause (iii) and inserting
the following:
``(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) any of the following acts as
a part of 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;
persecution on political racial,
national, ethnic, cultural, religious,
or gender grounds; enforced
disappearance of persons; or other
inhumane acts of a similar character
intentionally causing great suffering
or serious bodily or mental injury,
is inadmissible.
``(iv) Limitation.--Clause (iii) shall not
apply to an alien if the Secretary of Homeland
Security or the Attorney General determine that
the actions giving rise to the alien's
inadmissibility under such clause were
committed under duress. In determining whether
the alien was subject to duress, the Secretary
may consider, among relevant factors, the age
of the alien at the time such actions were
committed.''.
(b) Denying Safe Haven to Foreign Human Rights Violators.--Section
2(a)(2) of the Torture Victim Protection Act of 1991 (28 U.S.C. 1350
note) is amended--
(1) by inserting after ``killing'' the following: ``, a war
crime (as defined in subsections (c) and (d) of section 2441 of
title 18, United States Code), a widespread or systematic
attack on civilians (as defined in section
212(a)(3)(E)(iii)(IV) of the Immigration and Nationality Act),
or genocide (as defined in section 1091(a) of such title 18)'';
and
(2) by striking ``to the individual's legal
representative'' and inserting ``to that individual or to that
individual's legal representative''.
(c) 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 such Act, as amended by subsection (a).
SEC. 3720. REPORTING AND RECORD KEEPING REQUIREMENTS RELATING TO THE
DETENTION OF ALIENS.
(a) In General.--In order for Congress and the public to assess the
full costs of apprehending, detaining, processing, supervising, and
removing aliens, and how the money Congress appropriates for detention
is allocated by Federal agencies, the Assistant Secretary for
Immigration and Customs and Enforcement (referred to in this section as
the ``Assistant Secretary''), the Director of the Executive Office of
Immigration Review, and the Commissioner responsible for U.S. Customs
and Border Protection (referred to in this section as the
``Commissioner'') shall--
(1) maintain the information required under subsections
(b), (c), and (d); and
(2) submit reports on that information to Congress and make
that information available to the public in accordance with
subsection (e).
(b) Maintenance of Information by U.S. Immigration and Customs
Enforcement.--The Assistant Secretary shall record and maintain, in the
database of U.S. Immigration and Customs Enforcement relating to
detained aliens, the following information with respect to each alien
detained pursuant to the Immigration and Nationality Act (8 U.S.C. 1101
et seq.):
(1) The provision of law that provides specific authority
for the alien's detention and the beginning and end dates of
the alien's detention pursuant to that authority. If the
alien's detention is authorized by different provisions of law
during different periods of time, the Assistant Secretary shall
record and maintain the provision of law that provides
authority for the alien's detention during each such period.
(2) The place where the alien was apprehended or where U.S.
Immigration and Customs Enforcement assumed custody of the
alien.
(3) Each location where U.S. Immigration and Customs
Enforcement detains the alien until the alien is released from
custody or removed from the United States, including any period
of redetention.
(4) The gender and age of each detained alien in the
custody of U.S. Immigration and Customs Enforcement.
(5) The number of days the alien is detained, including the
number of days spent in any given detention facility and the
total amount of time spent in detention.
(6) The immigration charges that are the basis for the
alien's removal proceedings.
(7) The status of the alien's removal proceedings and each
date on which those proceedings progress from 1 stage of
proceeding to another.
(8) The length of time the alien was detained following a
final administrative order of removal and the reasons for the
continued detention.
(9) The initial custody determination or review made by
U.S. Immigration and Customs Enforcement, including whether the
alien received notice of a custody determination or review and
when the custody determination or review took place.
(10) The risk assessment results for the alien, including
if the alien is subject to mandatory custody or detention.
(11) The reason for the alien's release from detention and
the conditions of release imposed on the alien, if applicable.
(c) Maintenance of Information by Executive Office of Immigration
Review.--The Director of the Executive Office of Immigration Review
shall record and maintain, in the database of the Executive Office of
Immigration Review relating to detained aliens in removal proceedings,
the following information with respect to each such alien:
(1) The immigration charges that are the basis for the
alien's removal proceedings, including any revision of the
immigration charges and the date of each such revision.
(2) The gender and age of the alien.
(3) The status of the alien's removal proceedings and each
date on which those proceedings progress from one stage of
proceeding to another.
(4) The statutory basis for any bond hearing conducted and
the outcomes of the bond hearing.
(5) Whether each court hearing is conducted in person, by
audio link, or by video conferencing.
(6) The date of each attorney entry of appearance before an
immigration judge using Form EOIR-28 and the scope of the
appearance to which the form related.
(d) Maintenance of Information by U.S. Customs and Border
Protection.--The Commissioner shall record and maintain in the database
of U.S. Customs and Border Protection relating to detained aliens the
following information with respect to each alien detained pursuant to
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.):
(1) The provision of law that provides specific authority
for the alien's detention and the beginning and end dates of
the alien's detention.
(2) The place where the alien was apprehended.
(3) The gender and age of the alien.
(4) Each location where U.S. Customs and Border Protection
detains the alien until the alien is released from custody or
removed from the United States, including any period of
redetention.
(5) The number of days that the alien is detained in the
custody of U.S. Customs and Border Protection.
(6) The immigration charges that are the basis for the
alien's removal proceedings while the alien is in the custody
of U.S. Customs and Border Protection.
(7) The initial custody determination by U.S. Customs and
Border Protection, including whether the alien received notice
of a custody determination or review, when the custody
determination or review took place, and whether U.S. Customs
and Border Protection offered the option of stipulated removal
to a detained alien.
(8) The reason for the alien's release from detention and
the conditions of release to detention imposed on the alien, if
applicable.
(e) Reporting Requirements.--
(1) Periodic reports.--The Assistant Secretary, the
Director of the Executive Office of Immigration Review, and the
Commissioner shall periodically, but not less frequently than
annually, submit to Congress a report containing a summary of
the information required to be maintained by this section. Each
such report shall include summaries of national-level data as
well as summaries of the information required by this section
by State and county.
(2) Other reports.--The Assistant Secretary shall report to
Congress not less frequently than annually on--
(A) the number of aliens detained for more than 3
months, 6 months, 1 year, and 2 years; and
(B) the average period of detention before receipt
of a final administrative order of removal and after
receipt of such an order.
(3) Availability to public.--The reports required under
this subsection and the information for each alien on which the
reports are based shall be made available to the public without
the need to submit a request under section 552 of title 5,
United States Code (commonly referred to as the ``Freedom of
Information Act'').
(4) Privacy protections.--No alien's identity may be
disclosed when information described in paragraph (3) is made
publicly available.
(f) Definitions.--In this section:
(1) Case outcome.--The term ``case outcome'' includes a
grant of relief from deportation under section 240A of the
Immigration and Nationality Act (8 U.S.C. 1229b), voluntary
departure pursuant to section 240B of that Act (8 U.S.C.
1229c), removal pursuant to section 238 of that Act (8 U.S.C.
1228), judicial termination of proceedings, termination of
proceedings by U.S. Immigration and Customs Enforcement,
cancellation of the notice to appear, or permission to withdraw
application for admission without any removal order being
issued.
(2) Place where the alien was apprehended.--The term
``place where the alien was apprehended'' refers to the city,
county, and State where an alien is apprehended.
(3) Reason for the alien's release from detention.--The
term ``reason for the alien's release from detention'' refers
to release on bond, on an alien's own recognizance, on
humanitarian grounds, after grant of relief, or due to
termination of proceedings or removal.
(4) Removal proceedings.--The term ``removal proceedings''
refers to a removal case of any kind, including expedited
removal, administrative removal, stipulated removal,
reinstatement, and voluntary removal and removals in which an
applicant is permitted to withdraw his or her application for
admission.
(5) Stage.--The term ``stage'', with respect to a
proceeding, refers to whether the alien is in proceedings
before an immigration judge, the Board of Immigration Appeals,
a United States court of appeals, or on remand from a United
States court of appeals.
SEC. 3721. POWERS OF IMMIGRATION OFFICERS AND EMPLOYEES AT SENSITIVE
LOCATIONS.
Section 287 (8 U.S.C. 1357) is amended by adding at the end the
following:
``(i)(1) In order to ensure individuals' access to sensitive
locations, this subsection applies to enforcement actions by officers
and agents of U.S. Immigration and Customs Enforcement and officers and
agents of U.S. Customs and Border Protection.
``(2)(A) An enforcement action may not take place at, or be focused
on, a sensitive location, except as follows:
``(i) Under exigent circumstances.
``(ii) If prior approval is obtained.
``(B) If an enforcement action is taking place pursuant to
subparagraph (A) and the condition permitting the enforcement action
ceases, the enforcement action shall cease.
``(3)(A) When proceeding with an enforcement action at or near a
sensitive location, officers and agents referred to in paragraph (1)
shall conduct themselves as discreetly as possible, consistent with
officer and public safety, and make every effort to limit the time at
or focused on the sensitive location.
``(B) If, in the course of an enforcement action that is not
initiated at or focused on a sensitive location, officers or agents are
led to or near a sensitive location, and no exigent circumstance
exists, such officers or agents shall conduct themselves in a discreet
manner, maintain surveillance, and immediately consult their supervisor
before taking any further enforcement action, in order to determine
whether such action should be discontinued.
``(C) This section not apply to the transportation of an individual
apprehended at or near a land or sea border to a hospital or healthcare
provider for the purpose of providing such individual medical care.
``(4)(A) Each official specified in subparagraph (B) shall ensure
that the employees under the supervision of such official receive
annual training on compliance with the requirements of this subsection
in enforcement actions at or focused on sensitive locations and
enforcement actions that lead officers or agents to or near a sensitive
location.
``(B) The officials specified in ths subparagraph are the
following:
``(i) The Chief Counsel of U.S. Immigration and Customs
Enforcement.
``(ii) The Field Office Directors of U.S. Immigration and
Customs Enforcement.
``(iii) Each Special Agent in Charge of U.S. Immigration
and Customs Enforcement.
``(iv) Each Chief Patrol Agent of U.S. Customs and Border
Protection.
``(v) The Director of Field Operations of U.S. Customs and
Border Protection.
``(vi) The Director of Air and Marine Operations of U.S.
Customs and Border Protection.
``(vii) The Internal Affairs Special Agent in Charge of
U.S. Customs and Border Protection.
``(5)(A) The Director of U.S. Immigration and Customs Enforcement
and the Commissioner of U.S. Customs and Border Protection shall each
submit to the appropriate committees of Congress each year a report on
the enforcement actions undertaken by U.S. Immigration and Customs
Enforcement and U.S. Customs and Border Protection, respectively,
during the preceding year that were covered by this subsection.
``(B) Each report on an agency for a year under this paragraph
shall set forth the following:
``(i) The number of enforcement actions at or focused on a
sensitive location.
``(ii) The number of enforcement actions where officers or
agents were subsequently led to or near a sensitive location.
``(iii) The date, site, and State, city, and county in
which each enforcement action covered by clause (i) or (ii)
occurred.
``(iv) The component of the agency responsible for each
such enforcement action.
``(v) A description of the intended target of each such
enforcement action.
``(vi) The number of individuals, if any, arrested or taken
into custody through each such enforcement action.
``(vii) The number of collateral arrests, if any, from each
such enforcement action and the reasons for each such arrest.
``(viii) A certification of whether the location
administrator was contacted prior to, during, or after each
such enforcement action.
``(C) Each report under this paragraph shall be made available to
the public without the need to submit a request under section 552 of
title 5, United States Code (commonly referred to as the `Freedom of
Information Act').
``(6) In this subsection:
``(A) The term `appropriate committees of Congress' means--
``(i) the Committee on Homeland Security and
Governmental Affairs of the Senate;
``(ii) the Committee on the Judiciary of the
Senate;
``(iii) the Committee on Homeland Security of the
House of Representatives; and
``(iv) the Committee on the Judiciary of the House
of Representatives.
``(B) The term `enforcement action' means an arrest,
interview, search, or surveillance for the purposes of
immigration enforcement, and includes an enforcement action at,
or focused on, a sensitive location that is part of a joint
case led by another law enforcement agency.
``(C) The term `exigent circumstances' means a situation
involving the following:
``(i) The imminent risk of death, violence, or
physical harm to any person, including a situation
implicating terrorism or the national security of the
United States in some other manner.
``(ii) The immediate arrest or pursuit of a
dangerous felon, terrorist suspect, or other individual
presenting an imminent danger or public safety risk.
``(iii) The imminent risk of destruction of
evidence that is material to an ongoing criminal case.
``(D) The term `prior approval' means the following:
``(i) In the case of officers and agents of U.S.
Immigration and Customs Enforcement, prior written
approval for a specific, targeted operation from one of
the following officials:
``(I) The Assistant Director of Operations,
Homeland Security Investigations.
``(II) The Executive Associate Director of
Homeland Security Investigations.
``(III) The Assistant Director for Field
Operations, Enforcement, and Removal
Operations.
``(IV) The Executive Associate Director for
Field Operations, Enforcement, and Removal
Operations.
``(ii) In the case of officers and agents of U.S.
Customs and Border Protection, prior written approval
for a specific, targeted operation from one of the
following officials:
``(I) A Chief Patrol Agent.
``(II) The Director of Field Operations.
``(III) The Director of Air and Marine
Operations.
``(IV) The Internal Affairs Special Agent
in Charge.
``(E) The term `sensitive location' includes the following:
``(i) Hospitals and health clinics.
``(ii) Public and private schools (including pre-
schools, primary schools, secondary schools,
postsecondary schools (including colleges and
universities), and other institutions of learning such
as vocational or trade schools).
``(iii) Organizations assisting children, pregnant
women, victims of crime or abuse, or individuals with
mental or physical disabilities.
``(iv) Churches, synagogues, mosques, and other
places of worship, such as buildings rented for the
purpose of religious services.
``(v) Such other locations as the Secretary of
Homeland Security shall specify for purposes of this
subsection.''.
Subtitle H--Protection of Children Affected by Immigration Enforcement
SEC. 3801. SHORT TITLE.
This subtitle may be cited as the ``Humane Enforcement and Legal
Protections for Separated Children Act'' or the ``HELP Separated
Children Act''.
SEC. 3802. DEFINITIONS.
In this subtitle:
(1) Apprehension.--The term ``apprehension'' means the
detention or arrest by officials of the Department or
cooperating entities.
(2) Child.--The term ``child'' means an individual who has
not attained 18 years of age.
(3) Child welfare agency.--The term ``child welfare
agency'' means a State or local agency responsible for child
welfare services under subtitles B and E of title IV of the
Social Security Act (42 U.S.C. 601 et seq.).
(4) Cooperating entity.--The term ``cooperating entity''
means a State or local entity acting under agreement with the
Secretary.
(5) 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.
(6) Immigration enforcement action.--The term ``immigration
enforcement action'' means the apprehension of 1 or more
individuals whom the Department has reason to believe are
removable from the United States by the Secretary or a
cooperating entity.
(7) Parent.--The term ``parent'' means a biological or
adoptive parent of a child, whose parental rights have not been
relinquished or terminated under State law or the law of a
foreign country, or a legal guardian under State law or the law
of a foreign country.
SEC. 3803. APPREHENSION PROCEDURES FOR IMMIGRATION ENFORCEMENT-RELATED
ACTIVITIES.
(a) Apprehension Procedures.--In any immigration enforcement
action, the Secretary and cooperating entities shall--
(1) as soon as possible, but generally not later than 2
hours after an immigration enforcement action, inquire whether
an individual is a parent or primary caregiver of a child in
the United States and provide any such individuals with--
(A) the opportunity to make a minimum of 2
telephone calls to arrange for the care of such child
in the individual's absence; and
(B) contact information for--
(i) child welfare agencies and family
courts in the same jurisdiction as the child;
and
(ii) consulates, attorneys, and legal
service providers capable of providing free
legal advice or representation regarding child
welfare, child custody determinations, and
immigration matters;
(2) notify the child welfare agency with jurisdiction over
the child if the child's parent or primary caregiver is unable
to make care arrangements for the child or if the child is in
imminent risk of serious harm;
(3) ensure that personnel of the Department and cooperating
entities do not, absent medical necessity or extraordinary
circumstances, compel or request children to interpret or
translate for interviews of their parents or of other
individuals who are encountered as part of an immigration
enforcement action; and
(4) ensure that any parent or primary caregiver of a child
in the United States--
(A) absent medical necessity or extraordinary
circumstances, is not transferred from his or her area
of apprehension until the individual--
(i) has made arrangements for the care of
such child; or
(ii) if such arrangements are unavailable
or the individual is unable to make such
arrangements, is informed of the care
arrangements made for the child and of a means
to maintain communication with the child;
(B) absent medical necessity or extraordinary
circumstances, and to the extent practicable, is placed
in a detention facility either--
(i) proximate to the location of
apprehension; or
(ii) proximate to the individual's habitual
place of residence; and
(C) receives due consideration of the best
interests of such child in any decision or action
relating to his or her detention, release, or transfer
between detention facilities.
(b) Requests to State and Local Entities.--If the Secretary
requests a State or local entity to hold in custody an individual whom
the Department has reason to believe is removable pending transfer of
that individual to the custody of the Secretary or to a detention
facility, the Secretary shall also request that the State or local
entity provide the individual the protections specified in paragraphs
(1) and (2) of subsection (a), if that individual is found to be the
parent or primary caregiver of a child in the United States.
(c) Protections Against Trafficking Preserved.--The provisions of
this section shall not be construed to impede, delay, or in any way
limit the obligations of the Secretary, the Attorney General, or the
Secretary of Health and Human Services under section 235 of the William
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008
(8 U.S.C. 1232) or section 462 of the Homeland Security Act of 2002 (6
U.S.C. 279).
SEC. 3804. ACCESS TO CHILDREN, STATE AND LOCAL COURTS, CHILD WELFARE
AGENCIES, AND CONSULAR OFFICIALS.
At all detention facilities, the Secretary shall--
(1) prominently post in a manner accessible to detainees
and visitors and include in detainee handbooks information on
the protections of this subtitle as well as information on
potential eligibility for parole or release;
(2) absent extraordinary circumstances, ensure that
individuals who are detained by the Department and are parents
of children in the United States are--
(A) permitted regular phone calls and contact
visits with their children;
(B) provided with contact information for child
welfare agencies and family courts in the relevant
jurisdictions;
(C) able to participate fully and, to the extent
possible, in person in all family court proceedings and
any other proceedings that may impact their right to
custody of their children;
(D) granted free and confidential telephone calls
to relevant child welfare agencies and family courts as
often as is necessary to ensure that the best interest
of their children, including a preference for family
unity whenever appropriate, can be considered in child
welfare agency or family court proceedings;
(E) able to fully comply with all family court or
child welfare agency orders impacting custody of their
children;
(F) provided access to United States passport
applications or other relevant travel document
applications for the purpose of obtaining travel
documents for their children;
(G) afforded timely access to a notary public for
the purpose of applying for a passport for their
children or executing guardianship or other agreements
to ensure the safety of their children; and
(H) granted adequate time before removal to obtain
passports, apostilled birth certificates, travel
documents, and other necessary records on behalf of
their children if such children will accompany them on
their return to their country of origin or join them in
their country of origin; and
(3) where doing so would not impact public safety or
national security, facilitate the ability of detained alien
parents and primary caregivers to share information regarding
travel arrangements with their consulate, children, child
welfare agencies, or other caregivers in advance of the
detained alien individual's departure from the United States.
SEC. 3805. MANDATORY TRAINING.
The Secretary, in consultation with the Secretary of Health and
Human Services, the Secretary of State, the Attorney General, and
independent child welfare and family law experts, shall develop and
provide training on the protections required under sections 3803 and
3804 to all personnel of the Department, cooperating entities, and
detention facilities operated by or under agreement with the Department
who regularly engage in immigration enforcement actions and in the
course of such actions come into contact with individuals who are
parents or primary caregivers of children in the United States.
SEC. 3806. RULEMAKING.
Not later than 180 days after the date of the enactment of this
Act, the Secretary shall promulgate regulations to implement sections
3803 and 3804 of this Act.
SEC. 3807. SEVERABILITY.
If any provision of this subtitle or amendment made by this
subtitle, or the application of a provision or amendment to any person
or circumstance, is held to be unconstitutional, the remainder of this
subtitle and amendments made by this subtitle, and the application of
the provisions and amendment to any person or circumstance, shall not
be affected by the holding.
Subtitle I--Providing Tools To Exchange Visitors and Exchange Visitor
Sponsors To Protect Exchange Visitor Program Participants and Prevent
Trafficking
SEC. 3901. 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), except that the term ``employer'' shall also
include a prospective employer seeking to hire exchange visitors with
which the sponsor has a contractual relationship.
(b) Other Definitions.--
(1) Exchange visitor.--The term ``exchange visitor'' means
a foreign national who is inquiring about or applying to
participate in the exchange visitor program or who has
successfully applied and has completed or is completing an
exchange visitor programs not funded by the United States
Government as governed by sections 2.22, 62.24, 62.30, 62.31,
and 62.32 of title 22, Code of Federal Regulations.
(2) Exchange visitor program.--The term ``exchange visitor
program'' means the international exchange program administered
by the Department of State to implement the Mutual Educational
and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.), by
means of educational and cultural programs.
(3) Exchange visitor program recruitment activities.--The
term ``exchange visitor program recruitment activities'' means
activities related to recruiting, soliciting, transferring,
providing, obtaining, or facilitating participation of
individuals who reside outside the United States in an exchange
visitor program including when such activity occurs wholly
outside the United States.
(4) Exchange visitor program sponsor; sponsor.--The term
``exchange visitor program sponsor'' or ``sponsor'' means a
legal entity designated by the Secretary of State, in the
Secretary's discretion, to conduct an exchange visitor program
governed by sections 62.22, 62.24, 62.30, 62.31, and 62.32 of
title 22, Code of Federal Regulations).
(5) Foreign entity.--The term ``foreign entity'' means a
person contracted by a sponsor to engage in exchange visitor
program recruitment activities on the sponsor's behalf and any
subcontractors thereof.
(6) Host entity.--The term ``host entity'' means ``host
organization'', ``primary or secondary accredited educational
institution'', ``camp facility'', ``host family'', or
``employer/host employer'' as used in sections 62.22, 62.24,
62.30, 62.31, and 62.32 of title 22, Code of Federal
Regulations, respectively.
(7) Regulations.--Any reference to any provision of
regulations shall include any successor provision addressing
the same subject matter.
SEC. 3902. DISCLOSURE.
(a) Requirement for Disclosure at Time of Exchange Visitor Program
Recruitment Activity.--Any person who engages in exchange visitor
program recruitment activity shall develop certain information,
previously approved by and on file with the exchange visitor program
sponsor, to be disclosed in writing in English to the exchange visitor
before the exchange visitor pays fees described in section 3904, other
than refundable fees and a reasonable non-refundable deposit, or
otherwise detrimentally relies on information provided by an exchange
program sponsor or foreign entity. This information shall be made
available to the Secretary of State, or an exchange visitor requesting
his or her own file, within 5 business days of request, consistent with
program regulations in part 62 of title 22, Code of Federal
Regulations. Not later than 18 months after the date of the enactment
of this Act, the Secretary of State shall, in consultation with the
Secretary of Labor, amend such regulations to reflect the information
to be disclosed, including the following:
(1) The identity and address of the exchange visitor
program sponsor, host entity, and any foreign entity with
authority to charge fees and costs under section 3904.
(2) All assurances and terms and conditions of employment,
from the prospective host entity of the exchange visitor,
including place and period of employment, job duties, number of
work hours, wages and compensation, and any deductions from
wages and benefits, including deductions for housing and
transportation. Nothing in this paragraph shall be construed to
permit any charge, deduction, or expense prohibited by this or
any other law.
(3) A copy of the prospective agreement between the
exchange visitor program sponsor, exchange visitor, and the
host entity.
(4) Information regarding the terms and conditions of the
nonimmigrant status under which the exchange visitor is to be
admitted, and the period of stay in the United States allowed
for such nonimmigrant status.
(5) A copy of the fee disclosure form as described in
section 3904(d) listing the mandatory and optional costs or
expenses to be charged to the exchange visitor.
(6) The existence of any labor organizing effort,
collective bargaining agreement, labor contract, strike,
lockout, or other labor dispute at the host entity.
(7) Whether and the extent to which exchange visitors 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.
(8) A description of the sanctions the exchange visitor
program sponsor is currently subject to, if any, as imposed by
the Department of State.
(9) A statement in a form specified by the Secretary of
State--
(A) stating that in accordance with guidelines and
regulations promulgated by the Secretary --
(i) the costs and fees charged by the
exchange program sponsor, foreign entity, and
host entity do not exceed those permitted by
section 3904 and are legal under the laws of
the United States and the home country of the
exchange visitor; and
(ii) the exchange visitor program sponsor,
foreign entity, or host entity may bear costs
or fees not provided for in section 3904, but
that fees under that section cannot be passed
along to the exchange visitor.
(10) Any education or training to be provided or required,
other than education or training provided in accordance with
section 62.10 (b) and (c) of title 22, Code of Federal
Regulations, as ``pre-arrival information'' or ``orientation''
and additional orientation and training requirements as
described in each relevant category under sections 62.22,
62.24, 62.30, 62.31, and 62.32 of that title.
(11) A clear statement explaining that--
(A) except as provided in subparagraph (B), no
additional significant requirements or significant
changes may be made to the original contract signed
with a handwritten, electronic, or digital pin code
signature by the exchange visitor without at least 24
hours to consider such changes and the specific consent
of the exchange visitor, obtained voluntarily and
without threat of penalty; and
(B) changes may be made to the conditions of
employment contained in the original contract even if
the exchange visitor has not had 24 hours to consider
such changes, provided the exchange visitor has
specifically consented to the changes, voluntarily and
without threat of penalty, and such changes must be
implemented without giving the exchange visitor 24
hours to consider them in order to protect the health
or welfare of the exchange visitor.
(b) Requirement for Rules.--The Secretary of State shall define by
rule or guidance what constitutes ``refundable fees'' and a
``reasonable non-refundable deposit'' for the purpose subsection (a).
(c) Relationship to Labor and Employment Laws.--Nothing in the
disclosure required by subsection (a) shall constitute a legal
conclusion as to the exchange visitor's status or rights under the
labor and employment laws.
(d) Prohibition on False and Misleading Information and Certain
Fees.--No exchange visitor program sponsor, foreign entity, or host
entity who engages in any exchange visitor program activity shall
knowingly provide materially false or misleading information to any
exchange visitor concerning any matter required to be disclosed under
subsection (a). Charging fees for services not provided or assessing
fees that exceed the amounts established by the Secretary of State
pursuant to section 3904 is a violation of this section. 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, and other provisions of such title.
(e) Public Availability of Information.--The Secretary of State
shall amend its regulations at part 62 of title 22, Code of Federal
Regulations, to require sponsors to make publicly available, including
on their websites and in recruiting materials, information regarding
fees, costs, and services associated with their exchange visitor
programs, including foreign entity names and contact points, and other
factors relevant to exchange visitors' choice of sponsor or foreign
entity.
SEC. 3903. PROHIBITION ON DISCRIMINATION.
(a) In General.--It shall be unlawful for an exchange visitor
program sponsor, foreign entity, or host entity to fail or refuse to
select, 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, 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 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 as amended (42 U.S.C. 12111 et seq.).
SEC. 3904. FEES.
(a) In General.--Not later than 2 years after the date of the
enactment of this Act, the Secretary of State, in consultation with the
Secretary of Labor, shall promulgate regulations to set limits on the
mandatory fees charged by exchange visitor program sponsors, host
entities, and their foreign entities to the exchange visitor. In
promulgating such regulations, the Secretary of State shall conduct
public meetings with exchange visitor program sponsors, organizations
representing exchange visitors, and members of the public with
expertise in public diplomacy, educational and cultural exchange, labor
markets, labor relations, migration, civil rights, human rights, and
prohibiting human trafficking. The Secretary of State may, in the
Secretary's discretion, consider factors including what costs are
within the control of sponsors, differences among programs and
countries, level and amount of educational and cultural activities
included, and services rendered.
(b) Maximum Fees.--It shall be unlawful for any person to charge a
fee higher than the maximum allowable fee as established by regulations
promulgated under subsection (a), and any person who charges a higher
fee shall be liable under this subtitle. If a fee higher than the
maximum is charged by a sponsor or foreign entity, the sponsor shall be
liable. If a fee higher than the maximum allowable is charged by the
host entity or a host entity's agent, the host entity shall be liable.
(c) Update of Maximum Fees.--The Secretary of State shall update
the maximum allowable fees described in subsection (a) in response to
changing economic conditions and other factors as needed.
(d) Fee Transparency.--The Secretary of State shall amend its
regulations at part 62 of title 22, Code of Federal Regulations, to
require exchange visitor program sponsors to--
(1) provide the Department of State annually with an
itemized list of fees charged to exchange visitor program
participants including by their foreign entities,
subcontractors, or foreign entity's agents; and
(2) require a 3-party document signed by the exchange
visitor, foreign entity, and sponsor that outlines a basic
level fee structure and itemizes mandatory and optional fees.
SEC. 3905. ANNUAL NOTIFICATION.
(a) Annual Exchange Visitor Program Sponsor Notification.--
(1) In general.--Subject to paragraph (2), prior to
engaging in any exchange visitor program activity, any person
who seeks to be an exchange visitor program sponsor shall be
designated by the Secretary of State pursuant to regulations
that the Secretary of State has prescribed or shall prescribe
after the date of the enactment of this Act.
(2) Notification.--Each exchange visitor program sponsor
shall notify the Secretary of State, not less frequently than
once every year, of the identity of any third party, agent, or
exchange visitor program sponsor employee involved in any
exchange visitor program recruitment activity for, or on behalf
of, the exchange visitor program sponsor.
(3) Personal jurisdiction over foreign entities.--As a
condition of initial and continued registration, each program
sponsor shall obtain a written and signed agreement from any
foreign entity. In that agreement, the foreign entity shall
stipulate and agree, as a condition for receiving any payment
or compensation for performing any work or service for the
program sponsor, that the laws of the United States shall
govern any and all disputes among and between the parties or
the United States, including any enforcement actions, and that
any dispute or enforcement action shall be brought in the
United States District Court for the District of Columbia. The
agreement shall be in such form and contain such other
information as the Secretary of State shall prescribe.
(4) Noncompliance notification.--An host entity shall
notify the Secretary of State upon gaining knowledge of
noncompliance with this subtitle by an exchange visitor program
sponsor. An exchange visitor program sponsor shall notify the
Secretary of State upon gaining knowledge of noncompliance with
this subtitle by a host entity or foreign entity.
(b) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall amend its
regulations at part 62 of title 22, Code of Federal Regulations,
regarding the annual exchange visitor program sponsor notification.
(c) Refusal To Issue and Revocation of Designation.--The Secretary
of State shall amend its regulations at part 62 of title 22, Code of
Federal Regulations, to include the following bases for refusing to
issue or renew, or for revoking a sponsor's designation for a period of
not greater than 5 years:
(1) The applicant for, or holder of, the designation has
knowingly made a material misrepresentation in the application
for such designation.
(2) The applicant for, or holder of, the designation has
committed any felony under State or Federal law or any crime
involving fraud, robbery, bribery, extortion, embezzlement,
grand larceny, burglary, arson, violation of narcotics laws,
murder, rape, trafficking in persons, 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.
(3) The applicant for, or holder of, the designation has
committed any crime relating to gambling, or to the sale,
distribution, or possession of alcoholic beverages, in
connection with or incident to any exchange visitor recruitment
activities.
(4) Such other criteria as the Secretary of State may, in
the Secretary's discretion, establish.
SEC. 3906. BONDING REQUIREMENT.
(a) In General.--The Secretary of State may assess a bond amount
sufficient to ensure the ability of a sponsor to discharge its
responsibilities and to ensure protection of exchange visitors,
including wages or stipends. In requiring a sponsor to post the bond,
the Secretary of State shall take into account the degree to which the
sponsor's assets can be reached by United States courts.
(b) Regulations.--The Secretary of State, by regulation, shall
establish the conditions under which the bond amount is determined,
paid, and forfeited, which shall include the sponsor's history of
compliance.
(c) Relationship to Other Remedies.--The bond requirements and
forfeiture of the bond under this section shall be in addition to or,
pursuant to court order, in conjunction with, other remedies under 3910
or any other provision of law.
SEC. 3907. MAINTENANCE OF LISTS.
(a) In General.--The Secretary of State shall work with the
Secretary of Homeland Security to ensure that the information described
in paragraphs (1) through (4) of subsection (b) is included on the
foreign entity list kept and updated pursuant to section 3607 and shall
share that list with the Department of Labor.
(b) Information.--Not later than 1 year after the date of the
enactment of this Act, each sponsor shall compile and share with the
Secretary of State on a regular basis a list that includes the
following information:
(1) The countries from which the sponsor recruits.
(2) The host entities for whom the sponsor recruits.
(3) The occupations for which the sponsor recruits.
(4) The States where recruited exchange visitors are
employed.
(c) Limitation on Public Availability.--Neither the Secretary of
State nor the Secretary of Homeland Security shall make the information
described in paragraphs (1) through (4) of subsection (b) public as
part of the list described in section 3607.
SEC. 3908. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT.
Section 214 (8 U.S.C. 1184), as amended by title IV, is further
amended by adding at the end the following:
``(bb) A visa shall not be issued under section 101(a)(15) until
the consular officer--
``(1) has confirmed that the applicant has received, read,
and understood 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
exchange visitor program sponsor disclosures required by
section 3902 of the Border Security, Economic Opportunity, and
Immigration Modernization Act, including whether the exchange
visitor program sponsor is designated pursuant to that
section.''.
SEC. 3909. RESPONSIBILITIES OF SECRETARY OF STATE.
(a) In General.--The Secretary of State shall ensure that each
United States diplomatic mission has a person who is responsible for
receiving information from any exchange visitor 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 State. The Department of State may share
that information as necessary with the Department of Justice, the
Department of Labor, and any other relevant Federal agency.
(c) Mechanisms.--The Attorney General and the Secretary of State
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 subsection (a) is strongly encouraged
to coordinate with governments and civil society organizations in the
countries of origin to ensure the exchange visitor receives additional
support.
(e) Maintenance and Availability of Information.--The Secretary of
State shall ensure that consulates coordinate with the Department of
State to have access to information regarding the identities of
sponsors and the foreign entities with whom sponsors contract for
exchange visitor program recruitment activities. The Secretary of State
shall ensure information on the identity of sponsors is publicly
available in written form on the Department of State website, and
information on the identity of foreign entities in each individual
country is publicly available on the websites of United States
embassies in each of those countries.
SEC. 3910. ENFORCEMENT PROVISIONS.
(a) Investigations.--The Secretary of State shall undertake
compliance actions and sanctions against exchange visitor program
sponsors in accordance with part 62 of title 22, Code of Federal
Regulations.
(b) Representation.--Except as provided in section 518(a) of title
28, United States Code, the Attorney General 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. Exchange visitor sponsors shall be
allowed a reasonable period of inquiry and response before civil
litigation is initiated.
(c) Enforcement.--The Secretary of State or an exchange visitor who
is subject to any violation of this subtitle may bring a civil action
against an exchange visitor program sponsor, foreign entity, or host
entity in a court of competent jurisdiction and recover appropriate
relief, including injunctive relief, damages, reasonable attorneys'
fees and costs, and any other remedy that would effectuate the purposes
of this subtitle. Any action must be filed within 3 years after the
date on which the exchange visitor became aware of the violation, but
under no circumstances more than 5 years after the date on which the
violation occurred.
(d) Actions by the Secretary of State or an Exchange Visitor.--If
the court finds in a civil action filed 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
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--
(1) multiple infractions of a single provision of this
subtitle (or of a regulation under this subtitle) shall
constitute only 1 violation for purposes of section 3902(a) to
determine the amount of statutory damages due a plaintiff; and
(2) if such complaint is certified as a class action the
court may award--
(A) damages up to an amount equal to the amount of
actual damages; and
(B) statutory damages of not more than the lesser
of up to $1,000 per class member per violation, or up
to $500,000;
(C) other equitable relief;
(D) reasonable attorneys' fees and costs; and
(E) such other and further relief, including
declaratory and injunctive relief, as necessary to
effectuate the purposes of this subtitle.
(e) Bond.--To satisfy the damages, fees, and costs found owing
under this section, as much of the bond held pursuant to section 3906
shall be released as necessary.
(f) Appeal.--Any civil action brought under this section shall be
subject to appeal as provided in chapter 83 of title 28, United States
Code.
(g) Safe Harbor.--A host entity shall not have any liability under
this section for the actions or omissions of an exchange visitor
program sponsor that has a valid designation with the State Department
pursuant to section 3905, unless and to the extent that the host entity
has engaged in conduct that violates this subtitle.
(h) Liability for Foreign Entities.--Exchange visitor program
sponsors shall be liable for violations of this subtitle by any foreign
employees, agents, foreign entities, or subcontractees of any level in
relation to the exchange visitor program recruitment activities of the
foreign employees, agents, foreign entities, or subcontractees to the
same extent as if the exchange visitor program sponsor had committed
the violation, unless the exchange visitor program sponsor--
(1) uses reasonable procedures to protect against
violations of this subtitle by foreign employees, agents,
foreign entities, or subcontractees (including contractually
forbidding in writing any foreign employees, agents, foreign
entities, or subcontractees from seeking or receiving
prohibited fees from workers);
(2) does not act with reckless disregard of the fact that
foreign employees, agents, foreign entities, or subcontractees
have violated any provision of this subtitle; and
(3) timely reports any potential violations to the
Secretary of State.
(i) Waiver of Rights.--Agreements between exchange visitors with
sponsors, foreign entities, or host entities purporting to waive or to
modify their rights under this subtitle shall be void as contrary to
public policy.
(j) Retaliation.--No person shall intimidate, threaten, restrain,
coerce, discharge, or in any other manner discriminate or retaliate
against any exchange visitor or his or her family members (including a
former exchange visitor or an applicant for employment) because such
exchange visitor disclosed information to any person that the exchange
visitor reasonably believes evidences a violation of this section (or
any rule or regulation pertaining to this section), including speaking
with a worker organization, seeking legal assistance of counsel, or
cooperating with an investigation or other proceeding concerning
compliance with this section (or any regulation pertaining to this
section).
(k) Prohibition on Retaliation.--It shall be unlawful for an
exchange visitor program sponsor or foreign entity to terminate or
remove from the exchange visitor program, ban from the program,
adversely annotate an exchange visitor's SEVIS (as defined in section
4902) record, fire, demote, take other adverse employment action, or
evict, or to threaten to take any of such actions against an exchange
visitor in retaliation for the act of complaining about program
conditions, including housing and job placements, wages, hours, and
general treatment, or for disclosing retaliation by an exchange visitor
sponsor, exchange visitor foreign entity, or host entity against any
exchange visitor.
(l) Presence During Pendency of Actions.--If other immigration
relief is not available to the exchange visitor, the Secretary of
Homeland Security may permit, only on the basis of proof, the exchange
visitor to remain lawfully in the United States for the time sufficient
to allow the exchange visitor to fully and effectively participate in
all legal proceedings related to any action taken pursuant to this
section.
(m) 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.
(n) Host Entity Violations.--The Secretary, in consultation with
the Secretary of Labor, shall maintain a list of host entities against
whom there has been a complaint substantiated by the Department of
State for significant program violations. Information from that list
shall be made available to sponsors upon request.
SEC. 3911. AUDITS AND TRANSPARENCY.
(a) Compliance Audits.--
(1) In general.--The Secretary of State shall by regulation
require audit reports to be filed by exchange visitor program
sponsors operating under the following specific program
categories, as described under subpart B of part 62 of title
22, Code of Federal Regulations, and any successor regulations:
(A) Summer work travel.
(B) Trainees and interns.
(C) Camp counselors.
(D) Au pairs.
(E) Teachers.
(2) Audit reports.--Audit reports shall be filed with the
Department of State and be conducted by a certified public
accountant, qualified auditor, or licensed attorney pursuant to
a format designated by the Secretary of State, attesting to the
sponsor's compliance with the regulatory and reporting
requirements set forth in part 62 of title 22, Code of Federal
Regulations. The report shall be conducted at the expense of
the sponsor and no more frequently than on a biannual basis.
(b) Annual Report.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter, the Secretary of State
shall submit to Congress a report on the exchange visitor program,
which shall detail for each specific program category--
(1) summary data on the number of exchange visitors and
countries participating in that category;
(2) public diplomacy outcomes; and
(3) recent sanctions imposed by the Department of State.
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 the sum of--
``(i) the base allocation calculated under
paragraph (9)(A); and
``(ii) the allocation adjustment calculated
under paragraph (9)(B); and'';
(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 subparagraph (C), the base
allocation of nonimmigrant visas under section 101(a)(15)(H)(i)(b) for
each fiscal year shall be equal to--
``(i) the sum of--
``(I) the base allocation for the most recently
completed fiscal year; and
``(II) the allocation adjustment under subparagraph
(B) for the most recently completed fiscal year;
``(ii) if the number calculated under clause (i) is less
than 115,000, 115,000; or
``(iii) if the number calculated under clause (i) is more
than 180,000, 180,000.
``(B)(i) If the number of cap-subject nonimmigrant visa petitions
accepted for filing under section 101(a)(15)(H)(i)(b) during the first
45 days petitions may be filed for a fiscal year is equal to the base
allocation for such fiscal year, an additional 20,000 such visas shall
be made available beginning on the 46th day on which petitions may be
filed for such fiscal year.
``(ii) If the base allocation of cap-subject nonimmigrant visa
petitions accepted for filing under section 101(a)(15)(H)(i)(b) for a
fiscal year is reached during the 15-day period ending on the 60th day
on which petitions may be filed for such fiscal year, an additional
15,000 such visas shall be made available beginning on the 61st day on
which petitions may be filed for such fiscal year.
``(iii) If the base allocation of cap-subject nonimmigrant visa
petitions accepted for filing under section 101(a)(15)(H)(i)(b) for a
fiscal year is reached during the 30-day period ending on the 90th day
on which petitions may be filed for such fiscal year, an additional
10,000 such visas shall be made available beginning on the 91st day on
which petitions may be filed for such fiscal year.
``(iv) If the base allocation of cap-subject nonimmigrant visa
petitions accepted for filing under section 101(a)(15)(H)(i)(b) for a
fiscal year is reached during the 185-day period ending on the 275th
day on which petitions may be filed for such fiscal year, an additional
5,000 such visas shall be made available beginning on the date on which
such allocation is reached.
``(v) If the number of cap-subject nonimmigrant visa petitions
accepted for filing under section 101(a)(15)(H)(i)(b) for a fiscal year
is at least 5,000 fewer than the base allocation, but is not more than
9,999 fewer than the base allocation, the allocation adjustment for the
following fiscal year shall be -5,000.
``(vi) If the number of cap-subject nonimmigrant visa petitions
accepted for filing under section 101(a)(15)(H)(i)(b) for a fiscal year
is at least 10,000 fewer than the base allocation, but not more than
14,999 fewer than the base allocation, the allocation adjustment for
the following fiscal year shall be -10,000.
``(vii) If the number of cap-subject nonimmigrant visa petitions
accepted for filing under section 101(a)(15)(H)(i)(b) for a fiscal year
is at least 15,000 fewer than the base allocation, but not more than
19,999 fewer than the base allocation, the allocation adjustment for
the following fiscal year shall be -15,000.
``(viii) If the number of cap-subject nonimmigrant visa petitions
accepted for filing under section 101(a)(15)(H)(i)(b) for a fiscal year
is at least 20,000 fewer than the base allocation, the allocation
adjustment for the following fiscal year shall be -20,000.
``(C) An allocation adjustment under clause (i), (ii), (iii), or
(iv) of subparagraph (B)--
``(i) may not increase the numerical limitation contained
in paragraph (9)(A) to a number above 180,000; and
``(ii) may not take place to make additional nonimmigrant
visas available for any fiscal year in which the national
occupational unemployment rate for `Management, Professional,
and Related Occupations', as published by the Bureau of Labor
Statistics each month, averages 4.5 percent or greater over the
12-month period preceding the date of the Secretary's
determination of whether the cap should be increased or
decreased.''.
(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 degree, 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, biological and biomedical sciences,
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)(b), 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 such a spouse with an `employment
authorized' endorsement or other appropriate work permit, if
appropriate.
``(iii)(I) Upon the request of the Secretary of State, the
Secretary of Homeland Security may suspend employment authorizations
under clause (ii) to nationals of a foreign country that does not
permit reciprocal employment to nationals of the United States who are
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)
of 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 $1,000, which shall
be deposited in the STEM Education and Training
Account established under section 286(w).''.
(b) H-1B Nonimmigrant Petitioner Account.--Section 286(s) (8 U.S.C.
1356(s)) is amended by striking paragraphs (3) and (4) and inserting
the following:
``(3) Low-income stem scholarship program.--
``(A) In general.--Thirty percent of the amounts
deposited into the H-1B Nonimmigrant Petitioner 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.
``(B) Stem education for underrepresented.--The
Director shall work in consultation with, or direct
scholarship funds through, national nonprofit
organizations that primarily focus on science,
technology, engineering, or mathematics education for
underrepresented groups, such as women and minorities.
``(C) Loan forgiveness.--The Director may expend
funds from the Account for purposes of loan forgiveness
or repayment of student loans which led to a low-income
student obtaining a degree in science, technology,
engineering, mathematics, or other high demand fields.
``(4) National science foundation grant program for k-12
science, technology, engineering, and mathematics education.--
``(A) In general.--Ten percent of the amounts
deposited into the H-1B Nonimmigrant Petitioner 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. Grants awarded pursuant to this paragraph
shall include formula based grants that target lower
income populations with a focus on reaching women and
minorities.
``(B) Types of programs covered.--The Director
shall award grants to programs that--
``(i) 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, and
to develop critical thinking skills;
``(ii) 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;
``(iii) support the professional
development of K-12 science, technology,
engineering, and mathematics teachers in the
use of technology in the classroom;
``(iv) stimulate systemwide K-12 reform of
science, technology, engineering, and
mathematics in urban, rural, and economically
disadvantaged regions of the United States;
``(v) 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 through 12 that provide instruction in
such fields);
``(vi) involve partnerships of industry,
educational institutions, and national or
regional community based organizations with
demonstrated experience addressing the
educational needs of disadvantaged communities;
``(vii) provide college preparatory support
to expose and prepare students for careers in
science, technology, engineering, and
mathematics; or
``(viii) 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)).''.
(c) Use of Fee.--Section 286 (8 U.S.C. 1356) is amended by adding
at the end the following:
``(w) 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 of the fees collected
under section 212(a)(5)(A)(v).
``(2) Purposes.--
``(A) In general.--The purposes of the STEM
Education and Training Account are to enhance the
economic competitiveness of the United States by--
``(i) strengthening STEM education,
including in computer science, at all levels;
``(ii) ensuring that schools have access to
well-trained and effective STEM teachers;
``(iii) supporting efforts to strengthen
the elementary and secondary curriculum,
including efforts to make courses in computer
science more broadly available; and
``(iv) helping colleges and universities
produce more graduates in fields needed by
American employers.
``(B) Defined term.--In this paragraph, the term
`STEM education' means instruction 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,
biological and biomedical sciences, and physical
sciences.
``(3) Allocations to states and territories.--
``(A) In general.--Subject to subparagraph (B), the
Secretary of Education shall proportionately allocate
70 percent of the amounts deposited into the STEM
Education and Training Account each fiscal year to the
50 States, the District of Columbia, the Commonwealth
of Puerto Rico, Guam, the United States Virgin Islands,
American Samoa, and the Northern Mariana Islands in an
amount that bears the same relationship as the
proportion the State, district, or territory received
under subpart 2 of part A of title I of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6331 et
seq.) for the preceding fiscal year bears to the amount
all States and territories received under that subpart
for the preceding fiscal year.
``(B) Minimum allocations.--No State or territory
shall receive less than an amount equal to 0.5 percent
of the total amount made available to all States from
the STEM Education and Training Account. If a State or
territory does not request an allocation from the
Account for a fiscal year, the Secretary shall
reallocate the State's allocation to the remaining
States and territories in accordance with this
paragraph.
``(C) Use of funds.--Amounts allocated pursuant to
this paragraph may be used for the activities described
in section 4104(c) of the Border Security, Economic
Opportunity, and Immigration Modernization Act.
``(4) Stem capacity building at minority-serving
institutions.--
``(A) In general.--The Secretary of Education shall
allocate 20 percent of the amounts deposited into the
STEM Education and Training Account to establish or
expand programs to award grants to institutions
described in subparagraph (C)--
``(i) to enhance the quality of
undergraduate science, technology, engineering,
and mathematics education at such institutions;
and
``(ii) 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 Secretary of Education; 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 `institutions' 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);
``(iii) part B institutions (as defined in
section 322 of the Higher Education Act of 1965
(20 U.S.C. 1061)); and
``(iv) Hispanic-serving institutions, as
defined in section 502(a)(5) of the Higher
Education Act of 1965 (20 U.S.C. 1101a(a)(5)).
``(D) Granting of bonding authority.--A recipient
of a grant awarded under this paragraph is authorized
to utilize such funds for the issuance of bonds to fund
research infrastructure development.
``(E) Loan forgiveness.--The Director may expend
funds from the allocation under this paragraph for
purposes of loan forgiveness or repayment of student
loans which led to a low-income student obtaining a
degree in science, technology, engineering,
mathematics, or other high demand fields.
``(5) Workforce investment.--The Secretary of Education
shall allocate 5 percent of the amounts deposited into the STEM
Education and Training Account to the Secretary of Labor until
expended for statewide workforce investment activities that may
also benefit veterans and their spouses, including youth
activities and statewide employment and training and activities
for adults and dislocated workers described in section 128(a)
of the Workforce Investment Act of 1998 (29 U.S.C. 2853(a)),
and the development of licensing and credentialing programs.
``(6) American dream accounts.--The Secretary of Education
shall allocate 3 percent of the amounts deposited into the STEM
Education and Training Account to award grants, on a
competitive basis, to eligible entities to enable such eligible
entities to establish and administer American Dream Accounts
under section 4104(e) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996.
``(7) Administration expenses.--The Secretary of Education
may expend up to 2 percent of the amounts deposited into the
STEM Education and Training Account for administrative
expenses, including conducting an annual evaluation of the
implementation and impact of the activities funded by the STEM
Education and Training Account as required under section
4104(c)(3) of the Border Security, Economic Opportunity, and
Immigration Modernization Act.''.
(d) STEM Education Grants.--
(1) Application process.--
(A) In general.--Each Governor and Chief State
School Officer desiring an allocation from the STEM
Education and Training Account under section 286(w)(3)
of the Immigration and Nationality Act, as added by
subsection (b), shall jointly submit a plan, including
a proposed budget, signed by the Governor and Chief
State School Officer, to the Secretary of Education at
such time, in such form, and including such information
as the Secretary of Education may prescribe pursuant to
subparagraph (B). The plan shall describe how the State
plans to improve STEM education to meet the needs of
students and employers in the State.
(B) Rulemaking.--The Secretary of Education shall
issue a rule, through a rulemaking procedure that
complies with section 553 of title 5, United States
Code, prescribing the information that should be
included in the State plans submitted under
subparagraph (A).
(2) Allowable activities.--A State, district, or territory
that receives funding from the STEM Education and Training
Account may use such funding to develop and implement science,
technology, engineering, and mathematics (STEM) activities to
serve students, including students of underrepresented groups
such as minorities, economically disadvantaged, and females
by--
(A) strengthening the State's STEM academic
achievement standards;
(B) implementing strategies for the recruitment,
training, placement, and retention of teachers in STEM
fields, including computer science;
(C) carrying out initiatives designed to assist
students in succeeding and graduating from
postsecondary STEM programs;
(D) improving the availability and access to STEM-
related worker training programs, including community
college courses and programs;
(E) forming partnerships with higher education,
economic development, workforce, industry, and local
educational agencies; or
(F) engaging in other activities, as determined by
the State, in consultation with businesses and State
agencies, to improve STEM education.
(3) National evaluation.--
(A) In general.--Using amounts allocated under
section 286(w)(7) of the Immigration and Nationality
Act, as added by subsection (b), the Secretary of
Education shall conduct, directly or through a grant or
contract, an annual evaluation of the implementation
and impact of the activities funded by the STEM
Education and Training Account.
(B) Annual report.--The Secretary shall submit a
report describing the results of each evaluation
conducted under subparagraph (A) to--
(i) the President;
(ii) the Committee on the Judiciary of the
Senate;
(iii) the Committee on the Judiciary of the
House of Representatives;
(iv) the Committee on Health, Education,
Labor, and Pensions of the Senate; and
(v) the Committee on Education and the
Workforce of the House of Representatives.
(C) Dissemination.--The Secretary shall make the
findings of the evaluation widely available to
educators, the business community, and the public.
(4) Rule of construction.--Nothing in this subsection may
be construed to permit the Secretary of Education or any other
Federal official to approve the content or academic achievement
standards of a State.
(e) American Dream Accounts.--
(1) Definitions.--In this subsection:
(A) American dream account.--The term ``American
Dream Account'' means a personal online account for
low-income students that monitors higher education
readiness and includes a college savings account.
(B) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(i) the Committee on Health, Education,
Labor, and Pensions of the Senate;
(ii) the Committee on Appropriations of the
Senate;
(iii) the Committee on Finance of the
Senate;
(iv) the Committee on Education and the
Workforce of the House of Representatives;
(v) the Committee on Appropriations of the
House of Representatives;
(vi) the Committee on Ways and Means of the
House of Representatives; and
(vii) any other committee of the Senate or
House of Representatives that the Secretary
determines appropriate.
(C) College savings account.--The term ``college
savings account'' means a savings account that--
(i) provides some tax-preferred
accumulation;
(ii) is widely available (such as Qualified
Tuition Programs under section 529 of the
Internal Revenue Code of 1986 or Coverdell
Education Savings Accounts under section 530 of
the Internal Revenue Code of 1986); and
(iii) contains funds that may be used only
for the costs associated with attending an
institution of higher education, including--
(I) tuition and fees;
(II) room and board;
(III) textbooks;
(IV) supplies and equipment; and
(V) internet access.
(D) Dual enrollment program.--The term ``dual
enrollment program'' means an academic program through
which a secondary school student is able simultaneously
to earn credit toward a secondary school diploma and a
postsecondary degree or credential.
(E) Eligible entity.--The term ``eligible entity''
means--
(i) a State educational agency;
(ii) a local educational agency;
(iii) a charter school or charter
management organization;
(iv) an institution of higher education;
(v) a nonprofit organization;
(vi) an entity with demonstrated experience
in educational savings or in assisting low-
income students to prepare for, and attend, an
institution of higher education; or
(vii) a consortium of 2 or more of the
entities described in clause (i) through (vi).
(F) ESEA definitions.--The terms ``local
educational agency'', ``parent'', and ``State
educational agency'' have the meanings given the terms
in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801) and the term
``charter school'' has the meaning given the term in
section 5210 of such Act.
(G) Institution of higher education.--The term
``institution of higher education'' has the meaning
given the term in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)).
(H) Low-income student.--The term ``low-income
student'' means a student who is eligible to receive a
free or reduced price lunch under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et
seq.).
(2) Grant program.--
(A) Program authorized.--The Secretary of Education
is authorized to award grants, on a competitive basis,
to eligible entities to enable such eligible entities
to establish and administer American Dream Accounts for
a group of low-income students.
(B) Reservation.--From the amount made available
each fiscal year to carry out this section under
section 286(w)(6) of the Immigration and Nationality
Act, the Secretary of Education shall reserve not more
than 5 percent of such amount to carry out the
evaluation activities described in paragraph (5)(A).
(C) Duration.--A grant awarded under this
subsection shall be for a period of not more than 3
years. The Secretary of Education may extend such grant
for an additional 2-year period if the Secretary of
Education determines that the eligible entity has
demonstrated significant progress, based on the factors
described in paragraph (3)(B)(xi).
(3) Applications; priority.--
(A) In general.--Each eligible entity desiring a
grant under this subsection shall submit an application
to the Secretary of Education at such time, in such
manner, and containing such information as the
Secretary of Education may require.
(B) Contents.--The application described in
subparagraph (A) shall include--
(i) a description of the characteristics of
a group of not less than 30 low-income public
school students who--
(I) are, at the time of the
application, attending a grade not
higher than grade 9; and
(II) will, under the grant, receive
an American Dream Account;
(ii) a description of how the eligible
entity will engage, and provide support (such
as tutoring and mentoring for students, and
training for teachers and other stakeholders)
either online or in person, to--
(I) the students in the group
described in clause (i);
(II) the family members and
teachers of such students; and
(III) other stakeholders such as
school administrators and school
counselors;
(iii) an identification of partners who
will assist the eligible entity in establishing
and sustaining American Dream Accounts;
(iv) a description of what experience the
eligible entity or the eligible entity's
partners have in managing college savings
accounts, preparing low-income students for
postsecondary education, managing online
systems, and teaching financial literacy;
(v) a description of how the eligible
entity will help increase the value of the
college savings account portion of each
American Dream Account, such as by providing
matching funds or incentives for academic
achievement;
(vi) a description of how the eligible
entity will notify each participating student
in the group described in subparagraph (A), on
a semiannual basis, of the current balance and
status of the student's college savings account
portion of the student's American Dream
Account;
(vii) a plan that describes how the
eligible entity will monitor participating
students in the group described in clause (i)
to ensure that each student's American Dream
Account will be maintained if a student in such
group changes schools before graduating from
secondary school;
(viii) a plan that describes how the
American Dream Accounts will be managed for not
less than 1 year after a majority of the
students in the group described in clause (i)
graduate from secondary school;
(ix) a description of how the eligible
entity will encourage students in the group
described in clause (i) who fail to graduate
from secondary school to continue their
education;
(x) a description of how the eligible
entity will evaluate the grant program,
including by collecting, as applicable, data
about the students in the group described in
clause (i) during the grant period, and, if
sufficient grant funds are available, after the
grant period, including
(I) attendance rates;
(II) progress reports;
(III) grades and course selections;
(IV) the student graduation rate
(as defined in section 1111
(b)(2)(C)(vi) of the Elementary and
Secondary Education Act of 1965 (20
U.S.C. 6311(b)(2)(C)(vi)));
(V) rates of student completion of
the Free Application for Federal
Student Aid described in section 483 of
the Higher Education Act of 1965 (20
U.S.C. 1090);
(VI) rates of enrollment in an
institution of higher education; and
(VII) rates of completion at an
institution of higher education;
(xi) a description of what will happen to
the funds in the college savings account
portion of the American Dream Accounts that are
dedicated to participating students described
in clause (i) who have not matriculated at an
institution of higher education at the time of
the conclusion of the period of American Dream
Account management described in clause (viii);
(xii) a description of how the eligible
entity will ensure that funds in the college
savings account portion of the American Dream
Accounts will not make families ineligible for
public assistance; and
(xiii) a description of how the eligible
entity will ensure that participating students
described in clause (i) will have access to the
Internet;
(C) Priority.--In awarding grants under this
subsection, the Secretary of Education shall give
priority to applications from eligible entities that--
(i) are described in paragraph (1)(E)(vii);
(ii) serve the largest number of low-income
students;
(iii) emphasize preparing students to
pursue careers in science, technology,
engineering, or mathematics; or
(iv) in the case of an eligible entity
described in clause (i) or (ii) of paragraph
(1)(E), provide opportunities for participating
students described in clause (i) to participate
in a dual enrollment program at no cost to the
student.
(4) Authorized activities.--
(A) In general.--An eligible entity that receives a
grant under this subsection shall use such grant funds
to establish an American Dream Account for each
participating student described in paragraph (3)(B)(i),
which will be used to--
(i) open a college savings account for such
student;
(ii) monitor the progress of such student
online, which--
(I) shall include monitoring
student data relating to--
(aa) grades and course
selections;
(bb) progress reports; and
(cc) attendance and
disciplinary records; and
(II) may also include monitoring
student data relating to a broad range
of information, provided by teachers
and family members, related to
postsecondary education readiness,
access, and completion;
(iii) provide opportunities for such
students, either online or in person, to learn
about financial literacy, including by--
(I) assisting such students in
financial planning for enrollment in an
institution of higher education; and
(II) assisting such students in
identifying and applying for financial
aid (such as loans, grants, and
scholarships) for an institution of
higher education;
(iv) provide opportunities for such
students, either online or in person, to learn
about preparing for enrollment in an
institution of higher education, including by
providing instruction to students about--
(I) choosing the appropriate
courses to prepare for postsecondary
education;
(II) applying to an institution of
higher education;
(III) building a student portfolio,
which may be used when applying to an
institution of higher education;
(IV) selecting an institution of
higher education;
(V) choosing a major for the
student's postsecondary program of
education or a career path, including
specific instruction on pursuing
science, technology, engineering, and
mathematics majors; and
(VI) adapting to life at an
institution of higher education; and
(v) provide opportunities for such
students, either online or in person, to
identify skills or interests, including career
interests.
(B) Access to american dream account.--
(i) In general.--Subject to clause (iii)
and (iv), and in accordance with applicable
Federal laws and regulations relating to
privacy of information and the privacy of
children, an eligible entity that receives a
grant under this subsection shall allow vested
stakeholders described in clause (ii), to have
secure access, through the Internet, to an
American Dream Account.
(ii) Vested stakeholders.--The vested
stakeholders that an eligible entity shall
permit to access an American Dream Account are
individuals (such as the student's teachers,
school counselors, counselors at an institution
of higher education, school administrators, or
other individuals) that are designated, in
accordance with the Family Educational Rights
and Privacy Act of 1974 (20 U.S.C. 1232g), by
the parent of a participating student in whose
name such American Dream Account is held, as
having permission to access the account. A
student's parent may withdraw such designation
from an individual at any time.
(iii) Exception for college savings
account.--An eligible entity that receives a
grant under this subsection shall not be
required to give vested stakeholders described
in clause (ii), access to the college savings
account portion of a student's American Dream
Account.
(iv) Adult students.--Notwithstanding
clause (i) through (iii), if a participating
student is age 18 or older, an eligible entity
that receives a grant under this subsection
shall not provide access to such participating
student's American Dream Account without the
student's consent, in accordance with the
Family Educational Rights and Privacy Act of
1974 (20 U.S.C. 1232g).
(v) Input of student information.--Student
data collected pursuant to subparagraph
(A)(ii)(I) may only be entered into an American
Dream Account by a school administrator or such
administrator's designee.
(C) Prohibition on use of student information.--An
eligible entity that receives a grant under this
subsection may not use any student-level information or
data for the purpose of soliciting, advertising, or
marketing any financial or nonfinancial consumer
product or service that is offered by such eligible
entity, or on behalf of any other person.
(D) Limitation on the use of grant funds.--An
eligible entity shall not use more than 25 percent of
the grant funds provided under this subsection to
provide the initial deposit into a college savings
account portion of a student's American Dream Account.
(5) Reports and evaluations.--
(A) In general.--Not later than 1 year after the
Secretary of Education has disbursed grants under this
subsection, and annually thereafter, the Secretary of
Education shall prepare and submit a report to the
appropriate committees of Congress that includes an
evaluation of the effectiveness of the grant program
established under this subsection.
(B) Contents.--The report described in subparagraph
(A) shall--
(i) list the grants that have been awarded
under paragraph (2)(A);
(ii) include the number of students who
have an American Dream Account established
through a grant awarded under paragraph (2)(A);
(iii) provide data (including the interest
accrued on college savings accounts that are
part of an American Dream Account) in the
aggregate, regarding students who have an
American Dream Account established through a
grant awarded under paragraph (2)(A), as
compared to similarly situated students who do
not have an American Dream Account;
(iv) identify best practices developed by
the eligible entities receiving grants under
this subsection;
(v) identify any issues related to student
privacy and stakeholder accessibility to
American Dream Accounts;
(vi) provide feedback from participating
students and the parents of such students about
the grant program, including--
(I) the impact of the program;
(II) aspects of the program that
are successful;
(III) aspects of the program that
are not successful; and
(IV) any other data required by the
Secretary of Education; and
(vii) provide recommendations for expanding
the American Dream Accounts program.
(6) Eligibility to receive federal student financial aid.--
Notwithstanding any other provision of law, any funds that are
in the college savings account portion of a student's American
Dream Account shall not affect such student's eligibility to
receive Federal student financial aid, including any Federal
student financial aid under the Higher Education Act of 1965
(20 U.S.C. 1001), and shall not be considered in determining
the amount of any such Federal student aid.
(f) Conforming Amendment.--Section 480(j) of the Higher Education
Act of 1965 (20 U.S.C. 1087vv(j)) is amended by adding at the end the
following:
``(5) Notwithstanding paragraph (1), amounts made available
under the college savings account portion of an American Dream
Account under section 4105(e)(4) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 shall not be
treated as estimated financial assistance for purposes of
section 471(3).''.
SEC. 4105. H-1B AND L VISA FEES.
Section 281 (8 U.S.C. 1351) is amended--
(1) by striking ``The fees'' and inserting the following:
``(a) In General.--The fees'';
(2) by striking ``: Provided, That nonimmigrant visas'' and
inserting the following: ``.
``(b) United Nations Visitors.--Nonimmigrant visas'';
(3) by striking ``Subject to'' and inserting the following:
``(c) Fee Waivers or Reductions.--Subject to''; and
(4) by adding at the end the following:
``(d) H-1B and L Visa Fees.--In addition to the fees authorized
under subsection (a), the Secretary of Homeland Security shall collect,
from each employer (except for nonprofit research institutions and
nonprofit educational institutions) filing a petition to hire
nonimmigrants described in subparagraph (H)(i)(B) or (L) of section
101(a)(15), a fee in an amount equal to--
``(1) $1,250 for each such petition filed by any employer
with not more than 25 full-time equivalent employees in the
United States; and
``(2) $2,500 for each such petition filed by any employer
with more than 25 such employees.''.
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.--Section 212(n)(1)(A) (8 U.S.C.
1182(n)(1)(A)) is amended--
(A) in 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
(B) 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.--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 shall 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 (8 U.S.C. 1182), as amended
by sections 2312 and 2313, is further amended by adding at the
end the following:
``(x) 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.
``(4) In computing the prevailing wage level for an
occupational classification in an area of employment for
purposes of subsections (a)(5)(A), (n)(1)(A)(i)(II), and
(t)(1)(A)(i)(II) and section 203(b)(1)(D) for an employee of an
institution of higher education, or a related or affiliated
nonprofit entity or 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.''.
(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'';
(3) by striking ``sought, or'' and inserting ``sought;
or''; and
(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;
``(III) the process for applying for the
position;
``(IV) the title and description of the
position, including the location where the work
will be performed; and
``(V) the name, city, and zip code of the
employer; 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) In the case of an application filed by an
employer that is an H-1B skilled worker dependent employer, and
is not an H-1B dependent employer, the employer did not
displace and will not displace a United States worker employed
by the employer during the period beginning 90 days before the
date on which a visa petition supported by the application is
filed and ending 90 days after such filing.
``(II) An employer that is not an H-1B skilled worker
dependent employer shall not be subject to subclause (I)
unless--
``(aa) the employer is filing the H-1B petition
with the intent or purpose of displacing a specific
United States worker from the position to be occupied
by the beneficiary of the petition; or
``(bb) workers are displaced who--
``(AA) provide services, in whole or in
part, at 1 or more worksites owned, operated,
or controlled by a Federal, State, or local
government entity, other than a public
institution of higher education, that directs
and controls the work of the H-1B worker; or
``(BB) are employed as public school
kindergarten, elementary, middle school, or
secondary school teachers.
``(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 employed by the employer within
the period beginning 180 days before the date on which a visa
petition supported by the application is filed and ending 180
days after such filing.
``(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 Border Security,
Economic Opportunity, and Immigration Modernization
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 taken good faith steps to recruit United
States workers for the occupational classification for
which the nonimmigrant or nonimmigrants is or are
sought, 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);
``(ii) has advertised the job on an Internet
website maintained by the Secretary of Labor for the
purpose of such advertising; and
``(iii) if the employer is an H-1B skilled worker
dependent employer, 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.''.
(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 per
outplaced worker.
``(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.
``(iv) An H-1B dependent employer shall be exempt
from the prohibition on outplacement under clause (i)
if the employer is a nonprofit institution of higher
education, a nonprofit research organization, or
primarily a health care business and is petitioning for
a physician, a nurse, or a physical therapist or a
substantially equivalent health care occupation. Such
employer shall be subject to the fee set forth in
clause (ii).''.
(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) The term `H-1B-dependent employer' means an employer
(other than nonprofit education and research institutions) that--
``(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
nonimmigrants; 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) H-1B Skilled Worker Dependent Defined.--Section 212(n)(3) (8
U.S.C. 1182(n)(3)) is amended--
(1) by redesignating subparagraph (B) as subparagraph (D);
and
(2) by inserting after subparagraph (A) the following:
``(B)(i) For purposes of this subsection, an `H-1B skilled worker
dependent employer' means an employer (other than nonprofit education
and research institutions) that employs H-1B nonimmigrants in the
United States in a number that in total is equal to at least 15 percent
of the number of its full-time equivalent employees in the United
States employed in occupations contained within Occupational
Information Network Database (O*NET) Job Zone 4 and Job Zone 5.
``(ii) An H-1B nonimmigrant who is an intending immigrant shall be
counted as a United States worker in making a determination under
clause (i).''.
(g) Intending Immigrants Defined.--Section 101(a) (8 U.S.C.
1101(a)), as amended by section 3504(a), is further amended by adding
at the end the following:
``(54)(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) a pending or approved application for a labor
certification filed for such alien by a covered
employer; or
``(ii) a pending or approved immigrant status
petition filed for such alien by a covered employer.
``(B) In this paragraph:
``(i) The term `covered employer' means an employer
that has filed immigrant status petitions for not less
than 90 percent of current employees who were the
beneficiaries of applications for labor certification
that were approved during the 1-year period ending 6
months before the filing of an application or petition
for which the number of intending immigrants is
relevant.
``(ii) The term `immigrant status petition' means a
petition filed under paragraph (1), (2), or (3) of
section 203(b).
``(iii) The term `labor certification' means an
employment certification under section 212(a)(5)(A).
``(C) Notwithstanding any other provision of law--
``(i) for all 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) for all 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 60-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 days 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.
Section 212(n) (8 U.S.C. 1182(n)) is amended--
(1) in paragraph (2)(A)--
(A) by striking ``(A) Subject'' and inserting
``(A)(i) Subject'';
(B) by inserting after the first sentence the
following: ``Such process shall include publicizing a
dedicated toll-free number and publicly available
Internet website for the submission of such
complaints.'';
(C) by striking ``12 months'' and inserting ``24
months'';
(D) by striking the last sentence and inserting the
following: ``The Secretary shall issue regulations
requiring that employers that employ H-1B
nonimmigrants, other than nonprofit institutions of
higher education and nonprofit research organizations,
through posting of notices or other appropriate means,
inform their employees of such toll-free number and
Internet website and of their right to file complaints
pursuant to this paragraph.''; and
(E) 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.''; and
(2) by adding at the end the following new paragraph:
``(6) Report required.--Not later than 1 year after the
date of the enactment of the Border Security, Economic
Opportunity, and Immigration Modernization Act, and every 5
years thereafter, the Inspector General of the Department of
Labor shall submit a report regarding the Secretary's
enforcement of the requirements of this section to the
Committee on the Judiciary and the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee
on the Judiciary and the Committee on Education and the
Workforce of the House of Representatives.''.
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), (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 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.
Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as amended by sections
4222 and 4223, is further amended by adding at the end the following:
``(J) The Director of U.S. 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 of Labor may initiate and conduct an investigation related to
H-1B nonimmigrants and a 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.
``(K) The Secretary of Labor shall facilitate the posting of the
descriptions described in paragraph (1)(C)(i) on the Internet website
of the State labor or workforce agency for the State in which the
position will be primarily located during the same period as the
posting under paragraph (1)(C)(i).''.
SEC. 4225. TRANSPARENCY OF HIGH-SKILLED IMMIGRATION PROGRAMS.
Section 416(c) of the American Competitiveness and Workforce
Improvement Act of 1998 (8 U.S.C. 1184 note) is amended--
(1) by amending paragraph (2) to read as follows:
``(2) Annual h-1b nonimmigrant characteristics report.--The
Bureau of Immigration and Labor Market Research shall submit an
annual report to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives that contains--
``(A) information on the countries of origin of,
occupations of, educational levels attained by, and
compensation paid to, aliens who were issued visas or
otherwise provided nonimmigrant status 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 the previous
fiscal year;
``(B) a list of all employers who petition for H-1B
visas, the number of such petitions filed and approved
for each such employer, the occupational
classifications for the approved positions, and the
number of H-1B nonimmigrants for whom each such
employer files for adjustment to permanent resident
status;
``(C) the number of immigrant status petitions
filed during the prior year on behalf of H-1B
nonimmigrants;
``(D) a list of all employers who are H-1B-
dependent employers;
``(E) a list of all employers who are H-1B skilled
worker dependent employers;
``(F) a list of all employers for whom more than 30
percent of their United States workforce is H-1B or L-1
nonimmigrants;
``(G) a list of all employers for whom more than 50
percent of their United States workforce is H-1B or L-1
nonimmigrants;
``(H) a gender breakdown by occupation and by
country of H-1B nonimmigrants;
``(I) a list of all employers who have been
approved to conduct outplacement of H-1B nonimmigrants;
and
``(J) the number of H-1B nonimmigrants categorized
by their highest level of education and whether such
education was obtained in the United States or in a
foreign country.'';
(2) by redesignating paragraph (3) as paragraph (5);
(3) by inserting after paragraph (2) the following:
``(3) Annual l-1 nonimmigrant characteristics report.--The
Bureau of Immigration and Labor Market Research shall submit an
annual report to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives that contains--
``(A) information on the countries of origin of,
occupations of, educational levels attained by, and
compensation paid to, aliens who were issued visas or
otherwise provided -nonimmigrant status under section
101(a)(15)(L) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(L)) during the previous fiscal year;
``(B) a list of all employers who petition for L-1
visas, the number of such petitions filed and approved
for each such employer, the occupational
classifications for the approved positions, and the
number of L-1 nonimmigrants for whom each such employer
files for adjustment to permanent resident status;
``(C) the number of immigrant status petitions
filed during the prior year on behalf of L-1
nonimmigrants;
``(D) a list of all employers who are L-1 dependent
employers;
``(E) a gender breakdown by occupation and by
country of L-1 nonimmigrants;
``(F) a list of all employers who have been
approved to conduct outplacement of L-1 nonimmigrants;
and
``(G) the number of L-1 nonimmigrants categorized
by their highest level of education and whether such
education was obtained in the United States or in a
foreign country.
``(4) Annual employer survey.--The Bureau of Immigration
and Labor Market Research shall--
``(A) conduct an annual survey of employers hiring
foreign nationals under the L-1 visa program; and
``(B) shall issue an annual report that--
``(i) describes the methods employers are
using to meet the requirement of taking good
faith steps to recruit United States workers
for the occupational classification for which
the nonimmigrants are sought, using procedures
that meet industry-wide standards;
``(ii) describes the best practices for
recruiting among employers; and
``(iii) contains recommendations on which
recruiting steps employers can take to maximize
the likelihood of hiring American workers.'';
and
(4) in paragraph (5), as redesignated, by striking
``paragraph (2)'' and inserting ``paragraphs (2) and (3)''.
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)), as amended by section 4221(2), is further amended by adding
at the end following:
``(7)(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 the Immigration and
Nationality 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. REQUIREMENTS FOR INFORMATION FOR H-1B AND L NONIMMIGRANTS.
(a) In General.--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.
``(3) Employer to provide immigration paperwork exchanged
with federal agencies.--
``(A) In general.--Not later than 30 days after a
labor condition application is filed under section
212(n)(1), an employer shall provide an employee or
beneficiary of such application who is or seeking
nonimmigrant status under subparagraph (H)(i)(b) or (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.
``(B) Withholding of financial or proprietary
information.--If a document required to be provided to
an employee or beneficiary under subparagraph (A)
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. 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 fiscal year beginning in fiscal year 2015,
$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. Fees collected under this paragraph shall be
deposited in the Comprehensive Immigration Reform Trust Fund
established under section 6(a)(1).
(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 (54)(A) of section
101(a)(54)(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. 4234. 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. 4235. 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. 4236. APPLICATION.
(a) In General.--Except as otherwise specifically provided, the
amendments made by this subtitle shall apply to applications filed on
or after the date of the enactment of this Act.
(b) Special Requirements.--Notwithstanding any other provision of
law, the amendments made by section 4211(c) shall not apply to any
application or petition filed by an employer on behalf of an existing
employee.
SEC. 4237. PORTABILITY FOR BENEFICIARIES OF IMMIGRANT PETITIONS.
(a) Increased Portability.--Section 204(j) (8 U.S.C. 1154(j)) is
amended--
(1) by amending the subsection heading to read as follows:
``(j) Increased Portability.--'';
(2) by striking ``A petition'' and inserting the following:
``(1) Long delayed applicants for adjustment of status.--A
petition''; and
(3) by adding at the end the following:
``(2) Portability for beneficiaries of immigrant
petitions.--Regardless of whether an employer withdraws a
petition approved under paragraph (1), (2), or (3) of section
203(b)--
``(A) the petition shall remain valid with respect
to a new job if--
``(i) the beneficiary changes jobs or
employers after the petition is approved; and
``(ii) the new job is in the same or a
similar occupational classification as the job
for which the petition was approved; and
``(B) the employer's legal obligations with respect
to the petition shall terminate at the time the
beneficiary changes jobs or employers.
``(3) Documentation.--The Secretary of Labor shall develop
a mechanism to provide the beneficiary or prospective employer
with sufficient information to determine whether a new position
or job is in the same or similar occupation as the job for
which the petition was approved. The Secretary of Labor shall
provide confirmation of application approval if required for
eligibility under this subsection. The Secretary of Homeland
Security shall provide confirmation of petition approval if
required for eligibility under this subsection.''.
(b) Adjustment of Status for Employment-based Immigrants.--Section
245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended
by adding at the end the following:
``(n) Adjustment of Status for Employment-based Immigrants.--
``(1) Petition.--An alien, and any eligible dependents of
such alien, who has filed a petition for immigrant status, may
concurrently, or at any time thereafter, file an application
with the Secretary of Homeland Security for adjustment of
status if such petition is pending or has been approved,
regardless of whether an immigrant visa is immediately
available at the time the application is filed.
``(2) Supplemental fee.--If a visa is not immediately
available at the time an application is filed under paragraph
(1), the beneficiary of such application shall pay a
supplemental fee of $500, which shall be deposited in the STEM
Education and Training Account established under section
286(w). This fee shall not be collected from any dependent
accompanying or following to join such beneficiary.
``(3) Availability.--An application filed pursuant to
paragraph (2) may not be approved until the date on which an
immigrant visa becomes available.''.
Subtitle C--L Visa Fraud and Abuse Protections
SEC. 4301. PROHIBITION ON OUTPLACEMENT OF L NONIMMIGRANTS.
Section 214(c)(2)(F) (8 U.S.C. 1184(c)(2)(F)) is amended to read as
follows:
``(F)(i) An employer who employs L-1 nonimmigrants in a number that
is equal to at least 15 percent of the total number of full-time
equivalent employees employed by the employer shall not place,
outsource, lease, or otherwise contract for the services or placement
of such alien with another employer. In determining the number of
employees who are L-1 nonimmigrants, an intending immigrant shall count
as a United States worker.
``(ii) 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) such alien will not be controlled or supervised
principally by the employer with whom such alien would be
placed;
``(II) the placement of such alien at the worksite of the
other employer is not essentially an arrangement to provide
labor for hire for the other employer; and
``(III) the employer of such alien pays a fee of $500,
which shall be deposited in the STEM Education and Training
Account established under section 286(w).''.
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 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 beginning in fiscal year
2014, $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. Fees collected under this paragraph shall be
deposited in the Comprehensive Immigration Reform Trust Fund
established under section 6(a)(1).
(b) Definitions.--In this section:
(1) Employer.--The term ``employer'' 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--
(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 (as
defined in section 101(a)(54)(A) of the Immigration and Nationality Act
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 4233(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 voluntary 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.
Not later than 6 months after the date of the enactment of this
Act, the Inspector General of the Department shall submit to the
Committee on the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives 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.
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.--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.''.
(b) Dual Intent.--Section 214(h) (8 U.S.C. 1184(h)) is amended to
read as follows:
``(h) Dual Intent.--The fact that an alien is, or intends to be,
the beneficiary of an application for a preference status filed under
section 204, seeks a change or adjustment of status after completing a
legitimate period of nonimmigrant stay, or has otherwise sought
permanent residence in the United States shall not constitute evidence
of intent to abandon a foreign residence that would preclude the alien
from obtaining or maintaining--
``(1) a visa or admission as a nonimmigrant described in
subparagraph (E), (F)(i), (F)(ii), (H)(i)(b), (H)(i)(c), (L),
(O), (P), (V), or (W) of section 101(a)(15); or
``(2) the status of a nonimmigrant described in any such
subparagraph.''.
(c) Requirement of Student Visa Data Transfer and Certification.--
(1) In general.--The Secretary shall implement real-time
transmission of data from the Student and Exchange Visitor
Information System to databases used by U.S. Customs and Border
Protection.
(2) Certification.--
(A) In general.--Not later than 120 days after the
date of the enactment of this Act, the Secretary shall
certify to Congress that the transmission of data
referred to in paragraph (1) has been implemented.
(B) Temporary suspension of visa issuance.--If the
Secretary has not made the certification referred to in
subparagraph (A) during the 120-day period, the
Secretary shall suspend issuance of visas under
subparagraphs (F) and (M) of section 101(a)(15) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15))
until the certification is made.
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);
``(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); or
``(vi) solely to perform services as an
employee and who has at least a high school
education or its equivalent, or has, during the
most recent 5-year period, 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 a country--
``(I) designated as an eligible
sub-Saharan African country under
section 104 of the African Growth and
Opportunity Act (19 U.S.C. 3703); or
``(II) designated as a beneficiary
country for purposes of the Caribbean
Basin Economic Recovery Act (19 U.S.C.
2701 et seq.);''.
(b) Numerical Limitation.--Section 214(g)(11) (8 U.S.C.
1184(g)(11)) is amended--
(1) in subparagraph (A), by striking ``section
101(a)(15)(E)(iii)'' and inserting ``clauses (iii) and (vi) of
section 101(a)(15)(E)''; and
(2) by amending subparagraph (B) to read as follows:
``(B) The applicable numerical limitation referred to in
subparagraph (A) for each fiscal year is--
``(i) 10,500 for each of the nationalities identified in
clause (iii) of section 101(a)(15)(E); and
``(ii) 10,500 for all aliens described in clause (vi) of
such section.''.
(c) 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 clause (iv) or (v) of
section 101(a)(15)(E) 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.''.
(d) 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 (iv) or (v) 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. In the case of an alien seeking entry for a motion
picture or television production (i) any opinion under the previous
sentence shall only be advisory; (ii) any such opinion that recommends
denial must be in writing; (iii) in making the decision the Attorney
General shall consider the exigencies and scheduling of the production;
(iv) the Attorney General shall append to the decision any such
opinion; and (v) upon making the decision, the Attorney General shall
immediately provide a copy of the decision to the consulting labor and
management organizations.''.
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''.
SEC. 4407. J-1 SUMMER WORK TRAVEL VISA EXCHANGE VISITOR PROGRAM FEE.
Section 281 (8 U.S.C. 1351), as amended by section 4105, is further
amended by adding at the end the following:
``(e) J-1 Summer Work Travel Participant Fee.--In addition to the
fees authorized under subsection (a), the Secretary of State shall
collect a $100 fee from each nonimmigrant entering under the Summer
Work Travel program conducted by the Secretary of State pursuant to the
Foreign Affairs Reform and Restructuring Act of 1998 (division G of
Public Law 105-277; 112 Stat. 2681-761). Fees collected under this
subsection 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.''.
SEC. 4408. J VISA ELIGIBILITY.
(a) Speakers of Certain Foreign Languages.--Section 101(a)(15)(J)
(8 U.S.C. 1101(a)(15)(J)) is amended to read as follows:
``(J) an alien having a residence in a foreign
country which he has no intention of abandoning who--
``(i) is a bona fide student, scholar,
trainee, teacher, professor, research
assistant, specialist, or leader in a field of
specialized knowledge or skill, or other person
of similar description, who is coming
temporarily to the United States as a
participant in a program designated by the
Director of the United States Information
Agency, for the purpose of teaching,
instructing or lecturing, studying, observing,
conducting research, consulting, demonstrating
special skills, or receiving training and who,
if such alien is coming to the United States to
participate in a program under which such alien
will receive graduate medical education or
training, also meets the requirements of
section 212(j), and the alien spouse and minor
children of any such alien if accompanying such
alien or following to join such alien; or
``(ii) is coming to the United States to
perform work involving specialized knowledge or
skill, including teaching on a full-time or
part-time basis, that requires proficiency of
languages spoken as a native language in
countries of which fewer than 5,000 nationals
were lawfully admitted for permanent residence
in the United States in the previous year;''.
(b) Requirement for Annual List of Countries.--The Secretary of
State shall publish an annual list of the countries described in clause
(ii) of section 101(a)(15)(J) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(J)), as added by subsection (a).
(c) Summer Work Travel Program Employment in Seafood Processing.--
Notwithstanding any other provision of law or regulation, including
part 62 of title 22, Code of Federal Regulations, or any proposed rule,
the Secretary of State shall permit participants in the Summer Work
Travel program described in section 62.32 of such title 22 who are
admitted under section 101(a)(15)(J) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(J)), as amended by subsection (a), to be
employed in seafood processing positions in Alaska.
SEC. 4409. F-1 VISA FEE.
Section 281 (8 U.S.C. 1351), as amended by sections 4105 and 4407,
is further amended by adding at the end the following:
``(f) F-1 Visa Fee.--
``(1) In general.--In addition to the fees authorized under
subsection (a), the Secretary of Homeland Security shall
collect a $100 fee from each nonimmigrant admitted under
section 101(a)(15)(F)(i). Fees collected under this subsection
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.
``(2) Rulemaking.--The Secretary of Homeland Security, in
conjunction with the Secretary of State, shall promulgate
regulations to ensure that--
``(A) the fee authorized under paragraph (1) is
paid on behalf of all J-1 nonimmigrants seeking entry
into the United States;
``(B) a fee related to the hiring of a J-1
nonimmigrant is not deducted from the wages or other
compensation paid to the J-1 nonimmigrant; and
``(C) not more than 1 fee is collected per J-1
nonimmigrant.''.
SEC. 4410. PILOT PROGRAM FOR REMOTE B NONIMMIGRANT VISA INTERVIEWS.
Section 222 (8 U.S.C. 1202) is amended by adding at the end the
following:
``(i)(1) Except as provided in paragraph (3), the Secretary of
State--
``(A) shall develop and conduct a pilot program for
processing visas under section 101(a)(15)(B) using secure
remote videoconferencing technology as a method for conducting
any required in person interview of applicants; and
``(B) in consultation with the heads of other Federal
agencies that use such secure communications, shall help ensure
the security of the videoconferencing transmission and
encryption conducted under subparagraph (A).
``(2) Not later than 90 days after the termination of the pilot
program authorized under paragraph (1), the Secretary of State shall
submit to the appropriate committees of Congress a report that
contains--
``(A) a detailed description of the results of such
program, including an assessment of the efficacy, efficiency,
and security of the remote videoconferencing technology as a
method for conducting visa interviews of applicants; and
``(B) recommendations for whether such program should be
continued, broadened, or modified.
``(3) The pilot program authorized under paragraph (1) may not be
conducted if the Secretary of State determines that such program--
``(A) poses an undue security risk; and
``(B) cannot be conducted in a manner consistent with
maintaining security controls.
``(4) If the Secretary of State makes a determination under
paragraph (3), the Secretary shall submit a report to the appropriate
committees of Congress that describes the reasons for such
determination.
``(5) In this subsection:
``(A) 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.
``(B) The term `in person interview' includes interviews
conducted using remote video technology.''.
SEC. 4411. PROVIDING CONSULAR OFFICERS WITH ACCESS TO ALL TERRORIST
DATABASES AND REQUIRING HEIGHTENED SCRUTINY OF
APPLICATIONS FOR ADMISSION FROM PERSONS LISTED ON
TERRORIST DATABASES.
Section 222 (8 U.S.C. 1202), as amended by section 4410, is further
amended by adding at the end the following:
``(j) Providing Consular Officers With Access to All Terrorist
Databases and Requiring Heightened Scrutiny of Applications for
Admission From Persons Listed on Terrorist Databases.--
``(1) Access to the secretary of state.--
``(A) In general.--Except as provided in
subparagraph (B), the Secretary of State shall have
access to all terrorism records and databases
maintained by any agency or department of the United
States for the purposes of determining whether an
applicant for admission poses a security threat to the
United States.
``(B) Exception.--The head of such an agency or
department may only withhold access to terrorism
records and databases from the Secretary of State if
such head is able to articulate that withholding is
necessary to prevent the unauthorized disclosure of
information that clearly identifies, or would
reasonably permit ready identification of, intelligence
or sensitive law enforcement sources, methods, or
activities.
``(2) Biographic and biometric screening.--
``(A) Requirement for biographic and biometric
screening.--Notwithstanding any other provision of this
Act, the Secretary of State shall require every alien
applying for admission to the United States to submit
to biographic and biometric screening to determine
whether the alien's name or biometric information is
listed in any terrorist watch list or database
maintained by any agency or department of the United
States.
``(B) Exclusions.--No alien applying for a visa to
the United States shall be granted such visa by a
consular officer if the alien's name or biometric
information is listed in any terrorist watch list or
database referred to in subparagraph (A) unless--
``(i) screening of the alien's visa
application against interagency
counterterrorism screening systems which
compare the applicant's information against
data in all counterterrorism watch lists and
databases reveals no potentially pertinent
links to terrorism;
``(ii) the consular officer submits the
application for further review to the Secretary
of State and the heads of other relevant
agencies, including the Secretary of Homeland
Security and the Director of National
Intelligence; and
``(iii) the Secretary of State, after
consultation with the Secretary of Homeland
Security, the Director of National
Intelligence, and the heads of other relevant
agencies, certifies that the alien is
admissible to the United States.''.
SEC. 4412. VISA REVOCATION INFORMATION.
Section 428 of the Homeland Security Act of 2002 (6 U.S.C. 236) is
amended by adding at the end the following:
``(j) Visa Revocation Information.--If the Secretary of State or
the Secretary of Homeland Security revoke a visa--
``(1) the fact of the revocation shall be immediately
provided to the relevant consular officers, law enforcement,
and terrorist screening databases; and
``(2) a notice of such revocation shall be posted to all
Department of Homeland Security port inspectors and to all
consular officers.''.
SEC. 4413. STATUS FOR CERTAIN BATTERED SPOUSES AND CHILDREN.
(a) Nonimmigrant Status for Certain Battered Spouses and
Children.--Section 101(a)(51) (8 U.S.C. 1101(a)(51)), as amended by
section 2305(d)(6)(B)(i)(III), is further amended--
(1) in subparagraph (E), by striking ``or'' at the end;
(2) in subparagraph (F), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(G) section 106 as an abused derivative alien.''.
(b) Relief for Abused Derivative Aliens.--
(1) In general.--Section 106 (8 U.S.C. 1105a) is amended to
read as follows:
``SEC. 106. RELIEF FOR ABUSED DERIVATIVE ALIENS.
``(a) Abused Derivative Alien Defined.--In this section, the term
`abused derivative alien' means an alien who--
``(1) is the spouse or child admitted under section
101(a)(15) or pursuant to a blue card status granted under
section 2211 of the Border Security, Economic Opportunity, and
Immigration Modernization Act;
``(2) is accompanying or following to join a principal
alien admitted under such a section; and
``(3) has been subjected to battery or extreme cruelty by
such principal alien.
``(b) Relief for Abused Derivative Aliens.--The Secretary of
Homeland Security--
``(1) shall grant or extend the status of admission of an
abused derivative alien under section 101(a)(15) or section
2211 of the Border Security, Economic Opportunity, and
Immigration Modernization Act under which the principal alien
was admitted for the longer of--
``(A) the same period for which the principal was
initially admitted; or
``(B) a period of 3 years;
``(2) may renew a grant or extension of status made under
paragraph (1);
``(3) shall grant employment authorization to an abused
derivative alien; and
``(4) may adjust the status of the abused derivative alien
to that of an alien lawfully admitted for permanent residence
if--
``(A) the alien is admissible under section 212(a)
or the Secretary of Homeland Security finds the alien's
continued presence in the United States is justified on
humanitarian grounds, to ensure family unity, or is
otherwise in the public interest; and
``(B) the status under which the principal alien
was admitted to the United States would have
potentially allowed for eventual adjustment of status.
``(c) Effect of Termination of Relationship.--Termination of the
relationship with principal alien shall not affect the status of an
abused derivative alien under this section if battery or extreme
cruelty by the principal alien was 1 central reason for termination of
the relationship.
``(d) Procedures.--Requests for relief under this section shall be
handled under the procedures that apply to aliens seeking relief under
section 204(a)(1)(C).''.
(2) Table of contents amendment.--The table of contents in
the first section is amended by striking the item relating to
section 106 and inserting the following:
``Sec. 106. Relief for abused derivative aliens.''.
SEC. 4414. NONIMMIGRANT CREWMEN LANDING TEMPORARILY IN HAWAII.
(a) In General.--Section 101(a)(15)(D)(ii) (8 U.S.C.
1101(a)(15)(D)(ii)) is amended--
(1) by striking ``Guam'' both places that term appears and
inserting ``Hawaii, Guam,''; and
(2) by striking the semicolon at the end and inserting ``or
some other vessel or aircraft;''.
(b) Treatment of Departures.--In the administration of section
101(a)(15)(D)(ii) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(D)(ii)), an alien crewman shall be considered to have
departed from Hawaii, Guam, or the Commonwealth of the Northern Mariana
Islands after leaving the territorial waters of Hawaii, Guam, or the
Commonwealth of the Northern Mariana Islands, respectively, without
regard to whether the alien arrives in a foreign state before returning
to Hawaii, Guam, or the Commonwealth of the Northern Mariana Islands.
(c) Conforming Amendment.--The Act entitled ``An Act to amend the
Immigration and Nationality Act to permit nonimmigrant alien crewmen on
fishing vessels to stop temporarily at ports in Guam'', approved
October 21, 1986 (Public Law 99-505; 8 U.S.C. 1101 note) is amended by
striking section 2.
SEC. 4415. TREATMENT OF COMPACT OF FREE ASSOCIATION MIGRANTS.
(a) In General.--Title II (8 U.S.C. 1151 et seq.) is amended by
inserting after section 214 the following:
``SEC. 214A. TREATMENT OF COMPACT OF FREE ASSOCIATION MIGRANTS.
``Notwithstanding any other provision of law, with respect to
eligibility for benefits for the Federal program defined in
402(b)(3)(C) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1612(b)(3)(C)) (relating to the
Medicaid program), sections 401(a), 402(b)(1), and 403(a) of the
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1611(a), 1612(b)(1), 1613(a)) shall not apply to any
individual who lawfully resides in the United States in accordance with
the Compacts of Free Association between the Government of the United
States and the Governments of the Federated States of Micronesia, the
Republic of the Marshall Islands, and the Republic of Palau. Any
individual to which the preceding sentence applies shall be considered
to be a qualified alien for purposes of title IV of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (8
U.S.C. 1601 et seq.), but only with respect to the designated Federal
program defined in section 402(b)(3)(C) of such Act (relating to the
Medicaid program) (8 U.S.C. 1612(b)(3)(C)).''.
(b) Conforming Amendments.--Section 1108 of the Social Security Act
(42 U.S.C. 1308) is amended--
(1) in subsection (f), in the matter preceding paragraph
(1), by striking ``subsection (g)'' and inserting ``subsections
(g) and (h)''; and
(2) by adding at the end the following:
``(h) The limitations of subsections (f) and (g) shall not apply
with respect to medical assistance provided to an individual described
in section 214A of the Immigration and Nationality Act.''.
(c) Effective Date.--The amendments made by this section shall
apply to benefits for items and services furnished on or after the date
of the enactment of this Act.
SEC. 4416. INTERNATIONAL PARTICIPATION IN THE PERFORMING ARTS.
Section 214(c)(6)(D) (8 U.S.C. 1184(c)(6)(D)) is amended--
(1) in the first sentence, by inserting ``(i)'' before
``Any person'';
(2) in the second sentence--
(A) by striking ``Once'' and inserting ``Except as
provided in clause (ii), once''; and
(B) by striking ``Attorney General shall'' and
inserting ``Secretary of Homeland Security shall'';
(3) in the third sentence, by striking ``The Attorney
General'' and inserting ``The Secretary''; and
(4) by adding at the end the following:
``(ii) The Secretary of Homeland Security shall adjudicate each
petition for an alien with extraordinary ability in the arts (as
described in section 101(a)(15)(O)(i)), an alien accompanying such an
alien (as described in clauses (ii) and (iii) of section
101(a)(15)(O)), or an alien described in section 101(a)(15)(P) (other
than an alien described in paragraph (4)(A) (relating to athletes)) not
later than 14 days after--
``(I) the date on which the petitioner submits the petition
with a written advisory opinion, letter of no objection, or
request for a waiver; or
``(II) the date on which the 15-day period described in
clause (i) has expired, if the petitioner has had an
appropriate opportunity to supply rebuttal evidence.
``(iii) If a petition described in clause (ii) is not adjudicated
before the end of the 14-day period described in clause (ii) and the
petitioner is an arts organization described in paragraph (3), (5), or
(6) of section 501(c) of the Internal Revenue Code of 1986 and exempt
from tax under section 501(a) of such Code for the taxable year
preceding the calendar year in which the petition is submitted, or an
individual or entity petitioning primarily on behalf of such an
organization, the Secretary of Homeland Security shall provide the
petitioner with the premium processing services referred to in section
286(u), without a fee.''.
SEC. 4417. LIMITATION ON ELIGIBILITY OF CERTAIN NONIMMIGRANTS FOR
HEALTH-RELATED PROGRAMS.
(a) In General.--Section 1903(v)(4)(A) of the Social Security Act
(42 U.S.C. 1396b(v)(4)(A)) is amended by inserting ``, but not
including a nonimmigrant described in subparagraph (B) or (F) of
section 101(a)(15) of the Immigration and Nationality Act'' after
``section 431(c) of such Act''.
(b) Conforming Changes to Regulations.--
(1) Secretary of health and human services.--The Secretary
of Health and Human Services shall conform all regulations
promulgated by the Secretary of Health and Human Services that
reference the term ``lawfully present'' for purposes of health-
related programs administered by the Secretary of Health and
Human Services to reflect the amendment made by subsection (a)
to the definition of ``lawfully residing'' in section
1903(v)(4)(A) of the Social Security Act (42 U.S.C.
1396b(v)(4)(A)).
(2) Secretary of the treasury.--The Secretary of the
Treasury shall make the same changes to regulations promulgated
by the Secretary of the Treasury that reference the term
``lawfully present'' for purposes of health-related programs
administered by the Secretary of the Treasury as the Secretary
of Health and Human Services makes under paragraph (1).
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 subparagraphs (B) and (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. Unless an
extension is approved by the Secretary, 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), as amended, is
further amended by inserting after subparagraph (X) 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--
``(A) demonstrates, to the satisfaction of the
Secretary, that the alien--
``(i) has purchased a residence in the
United States that meets the criteria set forth
in section 101(a)(15)(Y)(i);
``(ii) is at least 55 years of age;
``(iii) possesses health insurance
coverage;
``(iv) is not inadmissible under section
212; and
``(v) will comply with the terms set forth
in paragraph (2); and
``(B) includes payment of a fee in an amount equal
to $1,000.
``(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.''.
(c) Use of Fee.--Fees collected under section 214(w)(1)(B) of the
Immigration and Nationality Act, as added by subsection (b), shall be
deposited in the Comprehensive Immigration Reform Trust Fund
established under section 6(a)(1).
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) (8 U.S.C. 1187(c)) is
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)), as amended by subsection (b)(2)(C), is further
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.
(h) Eligibility of Hong Kong Special Administrative Region for
Designation for Participation in Visa Waiver Program for Certain
Visitors to the United States.--Section 217(c) (8 U.S.C. 1187(c)) is
amended by adding at the end the following new paragraph:
``(12) Eligibility of certain region for designation as
program country.--The Hong Kong Special Administrative Region
of the People's Republic of China--
``(A) shall be eligible for designation as a
program country for purposes of this subsection; and
``(B) may be designated as a program country for
purposes of this subsection if such region meets
requirements applicable for such designation in this
subsection.''.
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).
SEC. 4509. B VISA FEE.
Section 281 (8 U.S.C. 1351), as amended by sections 4105, 4407, and
4408, is further amended by adding at the end the following:
``(g) B Visa Fee.--In addition to the fees authorized under
subsection (a), the Secretary of Homeland Security shall collect a $5
fee from each nonimmigrant admitted under section 101(a)(15)(B). Fees
collected under this subsection shall be deposited into the
Comprehensive Immigration Reform Trust Fund established under section
6(a)(1) of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996.''.
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 shall not again be counted toward such limitation during
fiscal year 2007.'' 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:
``(iv) is a ski instructor, who has been
certified as a level I, II, or III ski and
snowboard instructor by the Professional Ski
Instructors of America or the American
Association of Snowboard Instructors, or
received an equivalent certification in the
alien's country of origin, and is 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.
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
fee.--
``(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 the enactment of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996.''.
``(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 Illegal Immigration Reform and
Immigrant Responsibility Act of 1996.''.
SEC. 4603. EXECUTIVES AND MANAGERS.
Section 214(a)(1) (8 U.S.C. 1184(a)(1)) is amended by adding at the
end the following: ``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.''.
SEC. 4604. 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. 4605. 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 direct payments from a united states
source.--During a period of admission pursuant to paragraph
(1), an alien may not receive direct payments from a United
States source, except for incidental expenses for meals,
travel, lodging, and other basic services.''.
SEC. 4606. 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 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 in addition to
any fee assessed to cover the costs to process an
application under this subsection.
``(B) Use of fee.--The fees collected under
subparagraph (A) shall be deposited in the
Comprehensive Immigration Reform Trust Fund established
under section 6(a)(1) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996.''.
SEC. 4607. AMERICAN JOBS IN AMERICAN FORESTS.
(a) Short Title.--This section may be cited as the ``American Jobs
in American Forests Act of 2013''.
(b) Definitions.--In this section:
(1) Forestry.--The term ``forestry'' means--
(A) propagating, protecting, and managing forest
tracts;
(B) felling trees and cutting them into logs;
(C) using hand tools or operating heavy powered
equipment to perform activities such as preparing sites
for planting, tending crop trees, reducing competing
vegetation, moving logs, piling brush, and yarding and
trucking logs from the forest; and
(D) planting seedlings and trees.
(2) H-2B nonimmigrant.--The term ``H-2B nonimmigrant''
means a nonimmigrant described in section 101(a)(15)(H)(ii)(b)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(b)).
(3) Prospective h-2b employer.--The term ``prospective H-2B
employer'' means a United States business that is considering
employing 1 or more nonimmigrants described in section
101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(ii)(b)).
(4) State workforce agency.--The term ``State workforce
agency'' means the workforce agency of the State in which the
prospective H-2B employer intends to employ H-2B nonimmigrants.
(c) Department of Labor.--
(1) Recruitment.--As a component of the labor certification
process required before H-2B nonimmigrants are offered forestry
employment in the United States, the Secretary of Labor shall
require all prospective H-2B employers, before they submit a
petition to hire H-2B nonimmigrants to work in forestry, to
conduct a robust effort to recruit United States workers,
including, to the extent the State workforce agency considers
appropriate--
(A) advertising at employment or job-placement
events, such as job fairs;
(B) placing the job opportunity with the State
workforce agency and working with such agency to
identify qualified and available United States workers;
(C) advertising in appropriate media, including
local radio stations and commonly used, reputable
Internet job-search sites; and
(D) such other recruitment efforts as the State
workforce agency considers appropriate for the sector
or positions for which H-2B nonimmigrants would be
considered.
(2) Separate certifications and petitions.--A prospective
H-2B employer shall submit a separate application for temporary
employment certification and petition for each State in which
the employer plans to employ H-2B nonimmigrants in forestry for
a period of 7 days or longer. The Secretary of Labor shall
review each application for temporary employment certification
and decide separately whether certification is warranted.
(d) State Workforce Agencies.--The Secretary of Labor may not grant
a temporary labor certification to a prospective H-2B employer seeking
to employ H-2B nonimmigrants in forestry until after the Director of
the State workforce agency, in each State in which such workers are
sought--
(1) submits a report to the Secretary of Labor certifying
that--
(A) the employer has complied with all recruitment
requirements set forth in subsection (c)(1) and there
is legitimate demand for the employment of H-2B
nonimmigrants in each of those States; or
(B) the employer has amended the application by
removing or making appropriate modifications with
respect to the States in which the criteria set forth
in subparagraph (A) have not been met; and
(2) makes a formal determination that nationals of the
United States are not qualified or available to fill the
employment opportunities offered by the prospective H-2B
employer.
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 classified 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
regarding the calculation for the index referred to in section
220(g)(2)(C) of the Immigration and Nationality Act, as added
by section 4703.
(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 United States
workers and current nonimmigrant aliens described in paragraph
(2).
(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. Such methodology must designated Alaskan seafood
processing in zones 1, 2, and 3 as shortage 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. Alaskan seafood processing in zones 1,
2, and 3 must be designated as shortage occupations.
(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 perform 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 for
the sole purpose of funding the W Visa Program, including the
Bureau, that are related to the hiring of alien workers.
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 nonagricultural 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) In General.--Chapter 2 of title II (8 U.S.C. 1181 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 Illegal Immigration Reform and Immigrant
Responsibility Act of 1996.
``(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) Initial w nonimmigrant.--The term `initial W
nonimmigrant' means a certified alien issued a W nonimmigrant
visa by the Secretary of State pursuant to section
101(a)(15)(W)(i) in order to seek initial admission to the
United States to commence employment for a registered employer
in a registered position subject to the numerical limit at
section 220(g).
``(10) 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.
``(11) Registered employer.--The term `registered employer'
means a nonagricultural employer that the Secretary has
designated as a registered employer under subsection (d).
``(12) Secretary.--Except as otherwise specifically
provided, the term `Secretary' means the Secretary of Homeland
Security.
``(13) 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.
``(14) Shortage occupation.--The term `shortage occupation'
means a shortage occupation designated by the Commissioner
pursuant to section 4701(d)(4) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996.
``(15) Small business.--The term `small business' means an
employer that employs 25 or fewer full-time equivalent
employees.
``(16) 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.
``(17) W nonimmigrant.--The term `W nonimmigrant' means an
alien admitted as a nonimmigrant pursuant to section
101(a)(15)(W)(i).
``(18) W nonimmigrant visa.--The term `W nonimmigrant visa'
means a visa issued to a certified alien by the Secretary of
State pursuant to section 101(a)(15)(W)(i).
``(19) 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).
``(20) 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 Illegal
Immigration Reform and Immigrant Responsibility Act of
1996; or
``(B) such Database or a similar successor
database, as designated by the Secretary of Labor,
after the date of the enactment of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996.
``(21) 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 Illegal
Immigration Reform and Immigrant Responsibility Act of
1996; or
``(B) such Database or a similar successor
database, as designated by the Secretary of Labor,
after the date of the enactment of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996.
``(22) 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 Illegal
Immigration Reform and Immigrant Responsibility Act of
1996; or
``(B) such Database or a similar successor
database, as designated by the Secretary of Labor,
after the date of the enactment of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996.
``(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--
``(A) alien spouse and minor children of a W
nonimmigrant 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;
and
``(B) such alien spouse shall be--
``(i) authorized to engage in employment in
the United States during such period of
admission; and
``(ii) provided with an employment
authorization document, stamp, 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 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 issued by 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 willful violation of
the overtime provisions of section 7 of
the Fair Labor Standards Act of 1938 or
any regulations thereunder; 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. The Secretary is
authorized to determine if the wage to be paid by the
employer complies with subparagraph (B)(iv). 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 full-time equivalent
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) Except as provided in subsection
(g)(4)(C)(i), 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, as
determined by the Secretary, 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) 3 years after the date of such
approval; or
``(iii) upon proper termination of the
registered position by the employer.
``(F) Registry of registered positions.--
``(i) Maintenance of registry.--The
Secretary shall develop and maintain a registry
of approved registered positions for which the
Secretary has issued a permit under
subparagraph (D).
``(ii) Availability on website.--The
registry required by clause (i) shall be
accessible on a website maintained by the
Secretary.
``(iii) Availability on state workforce
agency websites.--Each State workforce agency
shall be linked to such registry and provide
access to such registry through the website
maintained by such agency.
``(iv) Conditions of availability on
website.--
``(I) In general.--Each approved
registered position for which the
Secretary has issued a permit shall be
included in the registry of registered
positions maintained by the Secretary
and shall remain available for viewing
on such registry throughout the term of
registration referred to in
subparagraph (E) or paragraph (5).
``(II) Indication of vacancy.--The
Secretary shall ensure that such
registry indicates whether each
approved registered position in the
registry is filled or unfilled.
``(III) Requirement for 10-day
posting.--If a W nonimmigrant's
employment in a registered position
ends, either voluntarily or
involuntarily, the Secretary shall
ensure that such registry indicates
that the registered position is
unfilled for a period of 10 calendar
days, unless such registered position
is filled by a United States worker.
``(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) except as provided for in
subsection (g)(4)(B)(i), 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 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's
employment in a registered position ends, such employer may
fill that vacancy--
``(A) by hiring a United States worker; or
``(B) after the 10 calendar day posting period in
subsection (e)(1)(F)(iv)(III) by hiring--
``(i) a W nonimmigrant; or
``(ii) if available under subsection
(g)(4), a certified alien.
``(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) Returning w nonimmigrants.--
``(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 or is returning to the same registered
employer.
``(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 an application or
petition by or for a W nonimmigrant to
obtain immigrant status 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 W
nonimmigrant commences employment in the
registered position 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, at the time a W nonimmigrant
commences employment in the registered position
for the registered employer, shall pay an
additional fee for each such approved
registered position as follows:
``(I) A fee of $1,750 for the
registered position if the registered
employer, at the time of filing the
application for the registered
position, is a small business and more
than 50 percent and less than 75
percent of the employees of the
registered employer are not United
States workers.
``(II) A fee of $3,500 for the
registered position if the registered
employer, at the time of filing the
application for the registered
position, is a small business and more
than 75 percent of the employees of the
registered employer are not United
States workers.
``(III) A fee of $3,500 for the
registered position if the registered
employer, at the time of filing the
application for the registered
position, is not a small business and
more than 15 percent and less than 30
percent of the employees of the
registered employer 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
other than any fees specified in this Act 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 application for a
registered position filed by a registered employer for an eligible
occupation may be approved if the registered position 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 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 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 nor
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 as described in
this paragraph, if--
``(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.
``(B) Recruitment.--
``(i) In general.--Except as provided in
clause (ii), an initial W nonimmigrant may only
enter the United States for initial employment
pursuant to a special allocation under this
paragraph if the registered employer has
carried out at least 7 of the recruiting
activities described in subsection (e)(2)(C).
``(ii) Requirement to recruit w
nonimmigrants in the united states.--A
registered employer may register a position
pursuant to a special allocation under this
paragraph by conducting at least 3 of the
recruiting activities described in subsection
(e)(2)(C), however a position registered
pursuant to this clause may not be filled by an
initial W nonimmigrant entering the United
States for initial employment.
``(iii) 30 day posting.--
``(I) Requirement.--Any registered
employer registering any position under
the special allocation authority shall
post the position, including the wage
range, location, and initial date of
employment, for not less than 30 days--
``(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.
``(II) Contemporaneous posting.--
The 30 day periods required by items
(aa) and (bb) of subclause (I) may
occur at the same time.
``(C) Wages.--
``(i) Initial w nonimmigrants.--An initial
W nonimmigrant entering the United States for
initial employment 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.
``(ii) Other w nonimmigrants.--A W
nonimmigrant employed in a registered position
referred to in subsection (g)(4)(B)(ii) may not
be paid less than the wages required under
subsection (e)(1)(B)(iv).
``(D) Reduction of future registered positions.--
Each registered position made available for a year
subject to the wage conditions of subparagraph (C)(i)
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 subsection (h)(4) shall not be reduced by
any registered position made available under this
paragraph.
``(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 paragraph (1) or (2) of subsection
(g). 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
paragraph (1) or (2) of subsection (g) 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) Animal production subsectors.--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 Animal
Production Subsectors. 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 paragraph (1) or (2) of subsection (g)
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, using 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 nonimmigrant's visa.
``(j) Promotion.--A registered employer may promote a W
nonimmigrant 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) 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--
``(A) discloses information to the employer or any
other person that the employee or former employee
reasonably believes demonstrates a violation of this
section; or
``(B) 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 by an
aggrieved applicant, employee, or nonimmigrant (or a person acting on
behalf of such applicant, employee, or nonimmigrant) with respect to--
``(1) the failure of a registered employer to meet a
condition of this section; or
``(2) the lay off or nonhiring of a United States worker as
prohibited under 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) 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; and
``(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 knowingly
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.--
``(A) Requirement for system.--The Secretary,
through U.S. Citizenship and Immigration Services,
shall implement an electronic monitoring system to
monitor presence and employment of W nonimmigrants,
including a requirement that registered employers
update the system when W nonimmigrants start and end
employment in registered positions.
``(B) System description.--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.
``(C) Interaction with registry.--Such system shall
interact with the registry referred to in subsection
(e)(1)(F) to ensure that the Secretary designates and
updates approved registered positions as being filled
or unfilled.''.
(b) 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.''.
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, 2308, 2309, 3201, 4402,
4504, 4601, and 4702, is further amended by inserting after
subparagraph (W) the following:
``(X) in accordance with the definitions in section
203(b)(6)(A), a qualified entrepreneur who has
demonstrated that, during the 3-year period ending on
the date on which the alien filed an initial petition
for nonimmigrant status described in this clause--
``(i) a qualified venture capitalist, a
qualified super angel investor, a qualified
government entity, a qualified community
development financial institution, qualified
startup accelerator, or such other type of
entity or investors, as determined by the
Secretary, or any combination of such entities
or investors, has made a qualified investment
or combination of qualified investments of not
less than $100,000 in total in 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 arising from business
conducted in the United States; or''.
(b) Admission of INVEST Nonimmigrants.--Section 214 (8 U.S.C.
1184), as amended by sections 3608, 4232, 4405, 4503, 4504, 4602, 4605,
and 4606, is further amended by adding at the end the following:
``(aa) INVEST Nonimmigrant Visas.--
``(1) Definitions.--The definitions in section 203(b)(6)(A)
apply to this subsection.
``(2) Initial period of authorized admission.--The initial
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, qualified startup
accelerator, or such other type of entity or investors,
as determined by the Secretary, or any combination of
such entities or investors, has made a qualified
investment or combination of qualified investments of
not less than $250,000 in total 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 $250,000 in annual revenue arising from business
conducted 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 not more than 1 year at a time, up to an
aggregate of 2 years if the alien--
``(A) does not meet the criteria under paragraph
(3); and
``(B) meets the criteria established by the
Secretary, in consultation with the Secretary of
Commerce, for approving renewals under this subsection,
which shall include a finding that--
``(i) the alien has made substantial
progress in meeting such criteria; and
``(ii) such renewal is economically
beneficial to the United States.
``(5) Attestation.--The Secretary may require an alien
seeking status as a nonimmigrant described in section
101(a)(15)(X) to attest, under penalty of perjury, that the
alien meets the application criteria.
``(6) X-1 visa fee.--In addition to processing fees, the
Secretary shall collect a $1,000 fee from each nonimmigrant
admitted under section 101(a)(15)(X). Fees collected under this
paragraph shall be deposited into the Comprehensive Immigration
Reform Trust Fund established under section 6(a)(1) of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996.''.
SEC. 4802. INVEST IMMIGRANT 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) a purchase from the
United States business entity
or equity or convertible debt
issued by such entity;
``(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 to
the United States 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 a United
States business entity owned by a qualified
entrepreneur that--
``(I) is located in the United
States;
``(II) has been filled for at least
2 years by an individual who is not the
qualified entrepreneur or the spouse,
son, or daughter of the qualified
entrepreneur; and
``(III) pays a wage that is not
less than 250 percent of the Federal
minimum wage.
``(vi) Qualified startup accelerator.--The
term `qualified startup accelerator' means a
corporation, company, association, firm,
partnership, society, or joint stock company
that--
``(I) is organized under the laws
of the United States or any State and
conducts business in the United States;
``(II) in the ordinary course of
business, provides a program of
training, mentorship, and logistical
support to assist entrepreneurs in
growing their businesses;
``(III) is managed by individuals,
the majority of whom are citizens of
the United States or aliens lawfully
admitted for permanent residence;
``(IV)(aa) regularly acquires an
equity interest in companies that
participate in its programs, where the
majority of the capital so invested is
committed from individuals who are
United States citizens or aliens
lawfully admitted for permanent
residence, or from entities organized
under the laws of the United States or
any State; or
``(bb) is an entity that has
received not less than $250,000 in
funding from a qualified government
entity or entities during the previous
5 years and regularly makes grants to
companies that participate in its
programs (in which case, such grant
shall be treated as a qualified
investment for purposes of clause
(iv));
``(V) during the previous 5 years,
has acquired an equity interest in, or,
in the case of an entity described in
subclause (IV)(bb), regularly made
grants to, not fewer than 10 United
States business entities that have
participated in its programs and that
have--
``(aa) each secured at
least $100,000 in initial
investments; or
``(bb) during any 2-year
period following the date of
such acquisition, generated not
less than $500,000 in aggregate
annual revenue within the
United States;
``(VI) has its primary location in
the United States; and
``(VII) satisfies such other
criteria as may be established by the
Secretary.
``(vii) 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.
``(viii) Qualified venture capitalist.--The
term `qualified venture capitalist' means an
entity--
``(I) that--
``(aa) is a venture capital
operating company (as defined
in section 2510.3-101(d) of
title 29, Code of Federal
Regulations (or any successor
to such regulation)); or
``(bb) has management
rights, as defined in, and to
the extent required by, such
section 2510.3-101(d) (or
successor regulation), in its
portfolio companies;
``(II) that has capital commitments
of not less than $10,000,000; and
``(III) the investment adviser,
that is registered under 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 advised such
entity or a similar fund or
entity with respect to at least
2 investments of not less than
$500,000 made by such entity or
similar fund or entity during
each of the most recent 2
years.
``(ix) Secretary.--Except as otherwise
specifically provided, the term `Secretary'
means the Secretary of Homeland Security.
``(x) Senior executive position.--The term
`senior executive position' includes the
position of chief executive officer, chief
technology officer, and chief operating
officer.
``(xi) United states business entity.--The
term `United States 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,
qualified startup accelerator, or such
other entity or type of investors, as
determined by the Secretary, or any
combination of such entities or
investors, has devoted a qualified
investment or combination of qualified
investments of not less than $500,000
in total 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
United States 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,
or 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,
qualified startup accelerator, or such
other entity or type of investors, as
determined by the Secretary, or any
combination of such entities or
investors, has devoted a qualified
investment or combination of qualified
investments of not less than $500,000
in total 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
United States business entity.
``(D) Attestation.--The Secretary may require an
alien seeking a visa under this paragraph to attest,
under penalties of perjury, to the alien's
qualifications.''.
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
departments, 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 of 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 section 203(b)(6) of the Immigration and
Nationality Act, as added by section 4802, section
101(a)(15)(X) of such Act, as added by section 4801, or section
214(s), as added by section 4801.
(2) Automatic adjustment.--Unless a dollar amount referred
to in paragraph (1) is adjusted by the Secretary under
paragraph (1), such dollar amount 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 5 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 paragraph (6) of section
203(b) of the Immigration and Nationality Act, as added by section
4802, 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 such paragraph (6), 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.
(d) Reports.--Once every 3 years, the Secretary shall submit to
Congress a report on this subtitle and the amendments made by this
subtitle. Each such report shall include--
(1) the number and percentage of entrepreneurs able to meet
thresholds for nonimmigrant renewal and adjustment to green
card status under the amendments made by this subtitle;
(2) an analysis of the program's economic impact including
job and revenue creation, increased investments and growth
within business sectors and regions;
(3) a description and breakdown of types of businesses that
entrepreneurs granted nonimmigrant or immigrant status are
creating;
(4) for each report following the Secretary's initial
report submitted under this subsection, a description of the
percentage of the businesses initially created by the
entrepreneurs granted immigrant and nonimmigrant status under
this subtitle and the amendments made by this subtitle, that
are still in operation; and
(5) any recommendations for improving the program
established by this subtitle and the amendments made by this
subtitle.
SEC. 4804. PERMANENT AUTHORIZATION OF EB-5 REGIONAL CENTER PROGRAM.
(a) Repeal.--Section 610 of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 1993
(8 U.S.C. 1153 note) is repealed.
(b) Authorization.--Section 203(b)(5) (8 U.S.C. 1153(b)(5)) is
amended by adding at the end the following:
``(E) Regional center program.--
``(i) In general.--Visas under this
paragraph shall be made available to qualified
immigrants participating in a program
implementing this paragraph that involves a
regional center in the United States, which has
been designated by the Secretary of Homeland
Security, in consultation with the Secretary of
Commerce, on the basis of a general proposal
for the promotion of economic growth,
including--
``(I) increased export sales;
``(II) improved regional
productivity;
``(III) job creation; or
``(IV) increased domestic capital
investment.
``(ii) Establishment of a regional
center.--A regional center shall have
jurisdiction over a defined geographic area,
which shall be described in the proposal and
consistent with the purpose of concentrating
pooled investment in defined economic zones.
The establishment of a regional center may be
based on general predictions, contained in the
proposal, concerning--
``(I) the kinds of commercial
enterprises that will receive
investments from aliens;
``(II) the jobs that will be
created directly or indirectly as a
result of such investments; and
``(III) other positive economic
effects such investments will have.
``(iii) Compliance.--In determining
compliance with subparagraph (A)(ii), the
Secretary of Homeland Security shall permit
aliens admitted under the program described in
this subparagraph to establish reasonable
methodologies for determining the number of
jobs created by the program, including jobs
estimated to have been created indirectly
through--
``(I) revenues generated from
increased exports, improved regional
productivity, job creation; or
``(II) increased domestic capital
investment resulting from the program,
including jobs created outside of the
geographic boundary of the regional
center as a result of the immigrant's
investment in regional center-
affiliated commercial enterprises.
``(iv) Indirect job creation.--The
Secretary shall permit immigrants admitted
under this paragraph to satisfy the
requirements under subparagraph (A)(ii) with
jobs that are estimated to be created
indirectly through investment under this
paragraph in accordance with this subparagraph.
``(F) Preapproval of business plans for regional
center investments.--
``(i) Petition.--Before the filing of a
petition under this subparagraph by an alien
investor, a commercial enterprise affiliated
with a regional center may file a petition with
the Secretary of Homeland Security to
preapprove a particular investment in the
commercial enterprise, as provided in--
``(I) a business plan for a
specific capital investment project;
``(II) investment documents, such
as subscription, investment,
partnership, and operating agreements;
and
``(III) a credible economic
analysis regarding estimated job
creation that is based upon reasonable
methodologies.
``(ii) Preapproval procedure.--The
Secretary shall establish a process to
facilitate the preapproval of business plans
under this subparagraph related to investment
in a regional center commercial enterprise,
which shall include an opportunity for the
applicant to address and cure any deficiencies
identified by the Secretary in the applicant's
business plan, investment documents, or
statement regarding job creation prior to a
final determination. The Secretary shall impose
a fee for the use of the process described in
this clause sufficient to recover the costs of
its administration.
``(iii) Effect of preapproval of business
plan for investment in regional center
commercial enterprise.--The preapproval of a
petition under this subparagraph shall be
binding for purposes of the adjudication of
petitions filed under this subparagraph by
immigrants investing in the commercial
enterprise unless the Secretary determines that
there is evidence of fraud, misrepresentation,
criminal misuse, a threat to national security,
or other evidence affecting program eligibility
that was not disclosed by the petitioner during
the preapproval process.
``(iv) Expedited processing option for
alien investor petitions affiliated with
preapproved business plans.--The Secretary may
establish a premium processing option for alien
investors who are investing in a commercial
enterprise that has received preapproval under
this subparagraph and may impose a fee for the
use of that option sufficient to recover all
costs of the option.
``(v) Consideration of criminal activity in
establishing eligibility criteria.--The
Secretary shall consider the potential for
fraud, misrepresentation, criminal misuse, and
threats to national security in establishing
eligibility criteria for any program the
Secretary may establish under this
subparagraph.
``(G) Regional center financial statements.--
``(i) In general.--Each regional center
designated under subparagraph (E) shall
annually submit, to the Director of U.S.
Citizenship and Immigration Services (referred
to in this subparagraph as the `Director'), in
a manner prescribed by the Secretary of
Homeland Security, financial statements,
including--
``(I) an accounting of all foreign
investor money invested through the
regional center; and
``(II) for each capital investment
project--
``(aa) an accounting of the
aggregate capital invested
through the regional center or
affiliated commercial
enterprises by immigrants under
this paragraph;
``(bb) a description of how
such funds are being used to
execute the approved business
plan;
``(cc) evidence that 100
percent of such investor funds
have been dedicated to the
project;
``(dd) detailed evidence of
the progress made toward the
completion of the project;
``(ee) an accounting of the
aggregate direct and indirect
jobs created or preserved; and
``(ff) a certification by
the regional center that such
statements are accurate.
``(ii) Amendment of financial statements.--
If the Director determines that a financial
statement required under clause (i) is
deficient, the Director may require the
regional center to amend or supplement such
financial statement.
``(iii) Sanctions.--
``(I) Effect of violation.--If the
Director determines, after reviewing
the financial statements submitted
under clause (i), that a regional
center, director, or other individual
involved with a regional center (other
than an alien investor) has violated
any requirement under clause (i) or
that the regional center is conducting
itself in a manner inconsistent with
its designation, the Director may
sanction the violating entity or
individual under subclause (II).
``(II) Authorized sanctions.--The
Director shall establish a graduated
set of sanctions for violations
referred to in subclause (I),
including--
``(aa) fines equal to not
more than 5 percent of the
total capital invested by
immigrant investors in the
commercial enterprise's
approved business plan;
``(bb) temporary suspension
from participation in the
program described in
subparagraph (E), which may be
lifted by the Director if the
individual or entity cures the
alleged violation after being
provided such an opportunity by
the Director;
``(cc) permanent bar from
program participation for 1 or
more individuals affiliated
with the regional center; and
``(dd) termination of
regional center status.
``(H) Bona fides of persons involved in regional
centers.--
``(i) In general.--No person shall be
permitted by any regional center to be involved
with the regional center as its principal,
representative, administrator, owner, officer,
board member, manager, executive, general
partner, fiduciary, marketer, promoter, or
other similar position of substantive authority
for the operations, management or promotion of
the regional center if the Secretary of
Homeland Security--
``(I) determines such person has
been found liable within the previous 5
years for any criminal or civil
violation of any law relating to fraud
or deceit, or at any time if such
violation involved a criminal
conviction with a term of imprisonment
of at least 1 year or a criminal or
civil violation of any law or agency
regulation in connection with the
purchase or sale of a security; or
``(II) knows or has reasonable
cause to believe that the person is
engaged in, has ever been engaged in,
or seeks to engage in any--
``(aa) illicit trafficking
in any controlled substance;
``(bb) activity relating to
espionage or sabotage;
``(cc) activity related to
money laundering (as described
in section 1956 or 1957 of
title 18, United States Code);
``(dd) terrorist activity
(as defined in clauses (iii)
and (iv) of section
212(a)(3)(B));
``(ee) human trafficking or
human rights offense; or
``(ff) violation of any
statute, regulation, or
Executive Order regarding
foreign financial transactions
or foreign asset control.
``(ii) Information required.--The Secretary
shall require such attestations and
information, including, the submission of
fingerprints to the Federal Bureau of
Investigation, and shall perform such criminal
record checks and other background checks with
respect to a regional center, and persons
involved in a regional center as described in
clause (i), as the Secretary considers
appropriate to determine whether the regional
center is in compliance with clause (i). The
Secretary may require the information and
attestations described in this clause from such
regional center, and any person involved in the
regional center, at any time on or after the
date of the enactment of the Border Security,
Economic Opportunity, and Immigration
Modernization Act.
``(iii) Termination.--The Secretary is
authorized, in his or her unreviewable
discretion, to terminate any regional center
from the program under this paragraph if he or
she determines that--
``(I) the regional center is in
violation of clause (i);
``(II) the regional center or any
person involved with the regional
center has provided any false
attestation or information under clause
(ii);
``(III) the regional center or any
person involved with the regional
center fails to provide an attestation
or information requested by the
Secretary under clause (ii); or
``(IV) the regional center or any
person involved with the regional
center is engaged in fraud,
misrepresentation, criminal misuse, or
threats to national security.
``(I) Regional center compliance with securities
laws.--
``(i) Certification required.--The
Secretary of Homeland Security shall not
approve an application for regional center
designation or regional center amendment that
does not certify that the regional center and,
to the best knowledge of the applicant, all
parties to the regional center are in, and will
maintain, compliance with the securities laws
of the United States.
``(ii) Termination or suspension.--The
Secretary shall terminate the designation of
any regional center that does not provide the
certification described in subclause (i) on an
annual basis. In addition to any other
authority provided to the Secretary regarding
the regional center program described in
subparagraph (E), the Secretary may, in his or
her unreviewable discretion, suspend or
terminate the designation of any regional
center if he or she determines that the
regional center or any party to the regional
center--
``(I) is permanently or temporarily
enjoined by order, judgment, or decree
of any court of competent jurisdiction
in connection with the purchase or sale
of a security;
``(II) is subject to any final
order of the Securities and Exchange
Commission that--
``(aa) bars such person
from association with an entity
regulated by the Securities and
Exchange Commission; or
``(bb) constitutes a final
order based on violations in
connection with the purchase or
sale of a security; or
``(III) knowingly submitted or
caused to be submitted a certification
described in clause (i) that contained
an untrue statement of a material fact
or omitted to state a material fact
necessary in order to make the
statements made, in the light of the
circumstances under which they were
made, not misleading.
``(iii) Savings provision.--Nothing in this
subparagraph may be construed to impair or
limit the authority of the Securities and
Exchange Commission under the Federal
securities laws.
``(iv) Defined term.--For the purpose of
this subparagraph, the term `party to the
regional center' shall include the regional
center, its agents, employees, and attorneys,
and any persons in active concert or
participation with the regional center.
``(J) Denial or revocation.--If the Secretary of
Homeland Security determines, in his or her
unreviewable discretion, that the approval of a
petition, application, or benefit described in this
subparagraph is contrary to the national interest of
the United States for reasons relating to fraud,
misrepresentation, criminal misuse, or threats to
national security, the Secretary may deny or revoke the
approval of--
``(i) a petition seeking classification of
an alien as an alien investor under this
paragraph;
``(ii) a petition to remove conditions
under section 216A before granting lawful
permanent resident status 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; or
``(iii) an application for designation as a
regional center.''.
(c) Assistance by the Secretary of Commerce.--
(1) In general.--The Secretary of Commerce, upon the
request of the Secretary, shall provide consultation assistance
for determining whether--
(A) a proposed regional center should be
designated, terminated, or subject to other
adjudicative action; or
(B) a petitioner or applicant for a benefit under
section 203(b)(5) of the Immigration and Nationality
Act, as amended by subsection (b), has met the
requirements under such paragraph with respect to job
creation.
(2) Rulemaking.--The Secretary and the Secretary of
Commerce may each adopt such rules and regulations as are
necessary to carry out the consultation process provided for in
paragraph (1).
(3) Savings provision.--Nothing in this subsection shall be
construed to require consultation with the Secretary of
Commerce to continue the designation of a regional center
approved before the date of the enactment of this Act.
(d) Effective Date.--The amendments made by this section--
(1) shall be effective upon the enactment of this Act; and
(2) shall apply to--
(A) any application to designate a regional center,
and any person involved with the regional center, that
is pending or approved on or after the date of the
enactment of this Act; and
(B) any regional center approved before the date of
the enactment of this Act, on or after a delayed
effective date that is 1 year after such date of
enactment with respect to any person involved in the
regional center on or after such delayed effective
date.
SEC. 4805. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN
EMPLOYMENT-BASED IMMIGRANTS, SPOUSES, AND CHILDREN.
(a) In General.--Section 216A (8 U.S.C. 1186b) is amended to read
as follows:
``SEC. 216A. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN
EMPLOYMENT-BASED IMMIGRANTS, SPOUSES, AND CHILDREN.
``(a) In General.--
``(1) Conditional basis for status.--Notwithstanding any
other provision of this Act, employment-based immigrants (as
defined in subsection (f) (1) or (2)), alien spouses, and alien
children (as defined in subsection (f)(3)) shall be considered,
at the time of obtaining the status of an alien lawfully
admitted for permanent residence, to have obtained such status
on a conditional basis subject to the provisions of this
section.
``(2) Notice of requirements.--
``(A) At time of obtaining permanent residence.--At
the time an employment-based immigrant, alien spouse,
or alien child obtains permanent resident status on a
conditional basis under paragraph (1), the Secretary of
Homeland Security shall provide for notice to the
alien, spouse, or child respecting the provisions of
this section and the requirements of subsection (c)(1)
to have the conditional basis of such status removed.
``(B) At time of required petition.--In addition,
the Secretary of Homeland Security shall attempt to
provide notice to an employment-based immigrant, alien
spouse, or alien child, at or about the beginning of
the 90-day period described in subsection (d)(3), of
the requirements of subsection (c)(1).
``(C) Effect of failure to provide notice.--The
failure of the Secretary of Homeland Security to
provide a notice under this paragraph shall not affect
the enforcement of the provisions of this section with
respect to an employment-based immigrant, alien spouse,
or alien child.
``(b) Termination of Status if Finding That Qualifying Employment
Improper.--
``(1) Alien investor.--In the case of an alien investor
with permanent resident status on a conditional basis under
subsection (a), if the Secretary of Homeland Security
determines, before the second anniversary of the alien's
obtaining the status of lawful admission for permanent
residence, that--
``(A) the investment in the commercial enterprise
was intended as a means of evading the immigration laws
of the United States;
``(B)(i) the alien did not invest, or was not
actively in the process of investing, the requisite
capital; or
``(ii) the alien was not sustaining the actions
described in clause (i) throughout the period of the
alien's residence in the United States; or
``(C) subject to the exception in subsection
(d)(4), the alien was otherwise not conforming to the
requirements under section 203(b)(5),
the Secretary shall so notify the alien investor and, subject
to paragraph (3), shall terminate the permanent resident status
of the alien (and the alien spouse and alien child) involved as
of the date of the determination.
``(2) Employee of a federal national security, science, and
technology laboratory, center or agency.--In the case of an
employee of a Federal national security, science, and
technology laboratory, center, or agency (as defined pursuant
to section 203(b)(2)(C)) with permanent resident status on a
conditional basis under subsection (a), if the Secretary of
Homeland Security, in consultation with the relevant employing
department or agency, determines, before the first anniversary
of the alien's obtaining the status of lawful admission for
permanent residence, that--
``(A) the qualifying employment was intended as a
means of evading the immigration laws of the United
States;
``(B) the alien has not completed or is not likely
to complete 12 months of qualifying continuous
employment; or
``(C) the alien did not otherwise conform with the
requirements of section 203(b)(2),
the Secretary shall so notify the alien involved and, subject
to paragraph (3), shall terminate the permanent resident status
of the alien (and the alien spouse and alien child) involved as
of the date of the determination.
``(3) Hearing in removal proceeding.--Any alien whose
permanent resident status is terminated under paragraph (1) or
(2) may request a review of such determination in a proceeding
to remove the alien. In such proceeding, the burden of proof
shall be on the Secretary of Homeland Security to establish, by
a preponderance of the evidence, that a condition described in
paragraph (1) or (2), as appropriate, is met.
``(c) Requirements of Timely Petition and Interview for Removal of
Condition.--
``(1) In general.--
``(A) Petition and interview.--In order for the
conditional basis established under subsection (a) for
an employment-based immigrant, alien spouse, or alien
child to be removed--
``(i) the employment-based immigrant shall
submit to the Secretary of Homeland Security,
during the period described in subsection
(d)(3), a petition which requests the removal
of such conditional basis and which states,
under penalty of perjury, the facts and
information described in paragraph (1) or (2)
of subsection (d), as appropriate; and
``(ii) in accordance with subsection
(d)(3), the employment-based immigrant must
appear for a personal interview before an
officer or employee of U.S. Citizenship and
Immigration Services respecting such facts and
information.
``(B) Separate petition not required.--An alien
spouse or alien child shall not be required to file
separate petitions under subparagraph (A)(i) if the
employment-based immigrant's petition includes such
alien spouse or alien child.
``(C) Effect on spouse or child.--If the alien
spouse or alien child obtains permanent residence on a
conditional basis after the employment-based immigrant
files a petition under subparagraph (A)(i)--
``(i) the conditional basis of the
permanent residence of the alien spouse or
alien child shall be removed upon approval of
the employment-based immigrant's petition under
this subsection;
``(ii) the permanent residence of the alien
spouse or alien child shall be unconditional
if--
``(I) the employment-based
immigrant's petition is approved before
the date on which the spouse or child
obtains permanent residence; or
``(II) the employment-based
immigrant dies after the approval of a
petition under section 203(b)(5); and
``(iii) the alien child shall not be deemed
ineligible for approval under section 203(b)(5)
or removal of conditions under this section if
the alien child reaches 21 years of age
during--
``(I) the pendency of the
employment-based immigrant's petition
under section 203(b)(5); or
``(II) conditional residency under
such section.
``(D) Additional fee.--Notwithstanding any other
provision under this section, the Secretary may require
the employment-based immigrant to pay an additional fee
for a petition filed under subparagraph (A)(i) that
includes the alien's spouse and child or children.
``(2) Termination of permanent resident status for failure
to file petition or have personal interview.--
``(A) In general.--In the case of an alien with
permanent resident status on a conditional basis under
subsection (a), if--
``(i) no petition is filed with respect to
the alien in accordance with the provisions of
paragraph (1)(A); or
``(ii) unless there is good cause shown,
the employment-based immigrant fails to appear
at the interview described in paragraph (1)(B)
(if required under subsection (d)(4)),
the Secretary of Homeland Security shall terminate the
permanent resident status of the alien (and the alien's
spouse and children if it was obtained on a conditional
basis under this section or section 216) as of the
second anniversary of the alien's lawful admission for
permanent residence.
``(B) Hearing in removal proceeding.--In any
removal proceeding with respect to an alien whose
permanent resident status is terminated under
subparagraph (A), the burden of proof shall be on the
alien to establish compliance with the conditions of
paragraphs (1)(A) and (1)(B).
``(3) Determination after petition and interview.--
``(A) In general.--If--
``(i) a petition is filed in accordance
with the provisions of paragraph (1)(A); and
``(ii) the employment-based immigrant
appears at any interview described in paragraph
(1)(B),
the Secretary of Homeland Security shall make a
determination, not later than 90 days after the date of
such filing or interview (whichever is later), as to
whether the facts and information described in
paragraph (1) or (2) of subsection (d), as appropriate,
and alleged in the petition are true.
``(B) Removal of conditional basis if favorable
determination.--
``(i) Header.--If the Secretary of Homeland
Security determines with respect to a petition
filed by an alien investor that such facts and
information are true, the Secretary shall so
notify the alien investor and shall remove the
conditional basis of the alien's status
effective as of the second anniversary of the
alien's lawful admission for permanent
residence.
``(ii) Removal of conditional basis for
employee of a federal national security,
science, and technology laboratory, center or
agency.--If the Secretary of Homeland Security
determines with respect to a petition filed by
an employee of a Federal national security,
science, and technology laboratory, center, or
agency that such facts and information are
true, the Secretary shall so notify the alien
and shall remove the conditional basis of the
alien's status effective as of the first
anniversary of the alien's lawful admission for
permanent residence.
``(C) Termination if adverse determination.--If the
Secretary of Homeland Security determines that such
facts and information are not true, the Secretary shall
so notify the alien involved and, subject to
subparagraph (D), shall terminate the permanent
resident status of an employment-based immigrant, alien
spouse, or alien child as of the date of the
determination.
``(D) Hearing in removal proceeding.--Any alien
whose permanent resident status is terminated under
subparagraph (C) may request a review of such
determination in a proceeding to remove the alien. In
such proceeding, the burden of proof shall be on the
Secretary of Homeland Security to establish, by a
preponderance of the evidence, that the facts and
information described in subsection (d)(1) and alleged
in the petition are not true.
``(d) Details of Petition and Interview.--
``(1) Contents of petition by alien investor.--Each
petition filed by an alien investor under section (c)(1)(A)
shall contain facts and information demonstrating that the
alien--
``(A)(i) invested, or is actively in the process of
investing, the requisite capital; and
``(ii) sustained the actions described in clause
(i) throughout the period of the alien's residence in
the United States; and
``(B) except as provided in paragraph (4), is
otherwise conforming to the requirements under section
203(b)(5).
``(2) Contents of petition by employee of a federal
national security, science, and technology laboratory, center,
or agency.--Each petition under subsection (c)(1)(A) filed by
an employee of a Federal national security, science, and
technology laboratory, center, or agency shall contain facts
and information demonstrating that the alien is conforming to
the requirements of section 203(b)(2).
``(3) Period for filing petition.--
``(A) 90-day period before anniversary.--Except as
provided in subparagraph (B), the petition under
subsection (c)(1)(A) must be filed as follows:
``(i) In the case of an alien investor,
during the 90-day period before the second
anniversary of the alien's lawful admission for
permanent residence.
``(ii) In the case of an employee of a
Federal national security, science, and
technology laboratory, center, or agency,
during the 90-day period before the first
anniversary of the alien's lawful admission for
permanent residence.
``(B) Late petitions.--Such a petition may be
considered if filed after such date, but only if the
alien establishes to the satisfaction of the Secretary
of Homeland Security good cause and extenuating
circumstances for failure to file the petition during
the period described in subparagraph (A).
``(C) Filing of petitions during removal.--In the
case of an alien who is the subject of removal hearings
as a result of failure to file a petition on a timely
basis in accordance with subparagraph (A), the
Secretary of Homeland Security may stay such removal
proceedings against an alien pending the filing of the
petition under subparagraph (B).
``(4) Personal interview.--The interview under subsection
(c)(1)(B) shall be conducted within 90 days after the date of
submitting a petition under subsection (c)(1)(A) and at a local
office of U.S. Citizenship and Immigration Services, designated
by the Secretary of Homeland Security, which is convenient to
the parties involved. The Secretary, in the discretion of the
Secretary, may waive the deadline for such an interview or the
requirement for such an interview in such cases as may be
appropriate.
``(5) Special rule for alien investors in a regional
center.--Each petition under subsection (c)(1)(A) filed by an
alien investor who invests in accordance with section
203(b)(5)(E) shall contain facts and information demonstrating
that the alien is complying with the requirements under section
203(b)(5), except--
``(A) the alien shall not be subject to the
requirements under section 203(b)(5)(A)(ii); and
``(B) the petition shall contain the most recent
financial statement filed by the regional center in
which the alien has invested in accordance with section
203(b)(5)(G).
``(e) Treatment of Period for Purposes of Naturalization.--For
purposes of title III, in the case of an alien who is in the United
States as a lawful permanent resident on a conditional basis under this
section, the alien shall be considered to have been admitted as an
alien lawfully admitted for permanent residence and to be in the United
States as an alien lawfully admitted to the United States for permanent
residence, if the alien has had the conditional basis removed pursuant
to this section.
``(f) Fraud, Misrepresentation, Criminal Misuse, or Threats to the
Public Safety or National Security.--If the Secretary of Homeland
Security determines, in his or her sole and unreviewable discretion,
that the conditional permanent resident status granted to an
employment-based immigrant under subsection (a), or to an alien
researcher described in section 203(b)(2)(A)(ii) is contrary to the
national interest of the United States for reasons relating to fraud,
misrepresentation, criminal misuse, or threats to national security,
the Secretary shall--
``(1) notify the immigrant involved of such determination;
and
``(2) terminate the permanent resident status of the
immigrant involved (and the alien spouse and alien children of
such immigrant) as of the date of such determination.
``(g) Definitions.--In this section:
``(1) The term `alien investor' means an alien who obtains
the status of an alien lawfully admitted for permanent
residence (whether on a conditional basis or otherwise) under
section 203(b)(5).
``(2) The term `alien spouse' and the term `alien child'
mean an alien who obtains the status of an alien lawfully
admitted for permanent residence (whether on a conditional
basis or otherwise) by virtue of being the spouse or child,
respectively, of an alien investor or an employee of a Federal
national security, science, and technology laboratory, center,
or agency.
``(3) The term `commercial enterprise' includes a limited
partnership.
``(4) The term `employment-based immigrant' means an alien
described in paragraph (1) or (5).
``(5) The term `employee of a Federal national security,
science, and technology laboratory, center, or agency' means an
alien who obtains the status of an alien lawfully admitted for
permanent residence (whether on a conditional basis or
otherwise) under section 203(b)(2)(A)(ii).''.
(b) Conforming Amendment.--Section 216(e) (8 U.S.C. 1186a(e)) is
amended by inserting before the period at the end the following: ``, if
the alien has had the conditional basis removed pursuant to this
section''.
(c) Clerical Amendment.--The table of contents is amended by
striking the item relating to section 216A and inserting the following:
``Sec. 216A. Conditional permanent resident status for certain
employment-based immigrants, spouses, and
children.''.
SEC. 4806. EB-5 VISA REFORMS.
(a) Aliens Not Subject to Direct Numerical Limitation.--Section
201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by sections 2103(c)(2),
2212(d)(2), 2307(b), and 2402, is further amended by adding at the end
the following:
``(P) Aliens who are the spouse or a child of an alien
admitted as an employment-based immigrant under section
203(b)(5).''.
(b) Technical Amendment.--Section 203(b)(5), as amended by this
Act, is further amended by striking ``Attorney General'' each place it
appears and inserting ``Secretary of Homeland Security''.
(c) Targeted Employment Areas.--
(1) In general.--Section 203(b)(5)(B) (8 U.S.C.
1153(b)(5)(B)) is amended to read as follows:
``(B) Set-aside for targeted employment areas.--
``(i) In general.--Not fewer than 5,000 of
the visas made available under this paragraph
in each fiscal year shall be reserved for
qualified immigrants who invest in a new
commercial enterprise described in subparagraph
(A), which--
``(I) is investing such capital in
a targeted employment area; and
``(II) will create employment in
such targeted employment area.
``(ii) Duration of high unemployment and
poverty area designation.--A designation of a
high unemployment or poverty area as a targeted
employment area shall be valid for 5 years and
may be renewed for additional 5-year periods if
the area continues to meet the definition of a
high unemployment or poverty area. An investor
who has made the required amount of investment
in such a targeted employment area during its
period of designation shall not be required to
increase the amount of investment based upon
expiration of the designation.''.
(d) Adjustment of Minimum EB-5 Investment Amount.--Section
203(b)(5)(C)(i) (8 U.S.C. 1153(b)(5)(C)(i)) is amended--
(1) by striking ``The Attorney General'' and inserting
``The Secretary of Commerce'';
(2) by striking ``Secretary of State'' and inserting
``Secretary of Homeland Security''; and
(3) by adding at the end the following: ``Unless adjusted
by the Secretary of Commerce, the amount specified in this
clause 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 cumulative percentage change in the CPI-U during the
previous 5 fiscal years, for any petition filed to classify an
alien under this paragraph on or after the date of each
automatic adjustment.''.
(e) Definitions.--
(1) In general.--Section 203(b)(5) (8 U.S.C. 1153(b)(5)),
as amended by subsections (b) and (c) and section 4804, is
further amended--
(A) by striking subparagraph (D) and inserting
following:
``(D) Calculation of full-time employment.--Job
creation under this paragraph may consist of employment
measured in full-time equivalents, such as intermittent
or seasonal employment opportunities and construction
jobs. A full-time employment position is not a
requirement for indirect job creation.''; and
(B) by adding at the end the following:
``(K) Definitions.--In this paragraph:
``(i) The term `capital' means all real,
personal, or mixed assets, whether tangible or
intangible, owned or controlled by the
investor, or held in trust for the benefit of
the investor, to which the investor has
unrestricted access, which shall be valued at
fair market value in United States dollars, in
accordance with Generally Accepted Accounting
Principles, at the time it is invested under
this paragraph.
``(ii) The term `full-time employment'
means employment in a position that requires at
least 35 hours of service per week, regardless
of how many employees fill the position.
``(iii) The term `high unemployment and
poverty area' means--
``(I) an area consisting of a
census tract or contiguous census
tracts that has an unemployment rate
that is at least 150 percent of the
national average unemployment rate and
includes at least 1 census tract with
20 percent of its residents living
below the poverty level as determined
by the Bureau of the Census; or
``(II) an area that is within the
boundaries established for purposes of
a Federal or State economic development
incentive program, including areas
defined as Enterprise Zones, Renewal
Communities, Promise Zones, and
Empowerment Zones.
``(iv) The term `rural area' means--
``(I) any area other than an area
within a metropolitan statistical area
or within the outer boundary of any
city or town having a population of
20,000 or more (based on the most
recent decennial census of the United
States); or
``(II) any city or town having a
population of fewer than 20,000 (based
on the most recent decennial census of
the United States) that is located
within a State having a population of
fewer than 1,500,000 (based on the most
recent decennial census of the United
States).
``(v) The term `targeted employment area'
means a rural area or a high unemployment and
poverty area.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to any application for a visa under section
203(b)(5) of the Immigration and Nationality Act that is filed
on or after the date that is 1 year after the date of the
enactment of this Act.
(f) Age Determination for Children of Alien Investors.--Section
203(h) (8 U.S.C. 1153(h)) is amended by adding at the end the
following:
``(5) Age determination for children of alien investors.--
An alien admitted under subsection (d) as a lawful permanent
resident on a conditional basis as the child of an alien
lawfully admitted for permanent residence under subsection
(b)(5), whose lawful permanent resident status on a conditional
basis is terminated under section 216A, shall continue to be
considered a child of the principal alien for the purpose of a
subsequent immigrant petition by such alien under subsection
(b)(5) if the alien remains unmarried and the subsequent
petition is filed by the principal alien not later than 1 year
after the termination of conditional lawful permanent resident
status. No alien shall be considered a child under this
paragraph with respect to more than 1 petition filed after the
alien's 21st birthday.''.
(g) Enhanced Pay Scale for Certain Federal Employees Administering
the EB-5 Program.--The Secretary may establish, fix the compensation
of, and appoint individuals to, designated critical administrative,
technical, and professional positions needed to administer sections
203(b)(5) and 216A of the Immigration and Nationality Act (8 U.S.C.
1153(b)(5) and 1186b).
(h) Delegation of Certain EB-5 Authority.--
(1) In general.--The Secretary of Homeland Security may
delegate to the Secretary of Commerce authority and
responsibility for determinations under sections 203(b)(5) and
216A (with respect to alien entrepreneurs) of the Immigration
and Nationality Act (8 U.S.C. 1153(b)(5) and 1186a), including
determining whether an alien has met employment creation
requirements.
(2) Regulations.--The Secretary of Homeland Security and
the Secretary of Commerce may each adopt such rules and
regulations as are necessary to carry out the delegation
authorized under paragraph (1), including regulations governing
the eligibility criteria for obtaining benefits pursuant to the
amendments made by this section.
(3) Use of fees.--Adjudication fees described in section
286(m) of the Immigration and Nationality Act (8 U.S.C.
1356(m)) shall remain available until expended to reimburse the
Secretary of Commerce for the costs of any determinations made
by the Secretary of Commerce under paragraph (1).
(i) Concurrent Filing of EB-5 Petitions and Applications for
Adjustment of Status.--Section 245 (8 U.S.C. 1255), as amended by
section 4237(b), is further amended--
(1) in subsection (k), in the matter preceding paragraph
(1), by striking ``or (3)'' and inserting ``(3), (5), or (7)'';
and
(2) by adding at the end the following:
``(o) At the time a petition is filed for classification under
section 203(b)(5), if the approval of such petition would make a visa
immediately available to the alien beneficiary, the alien beneficiary's
application for adjustment of status under this section shall be
considered to be properly filed whether the application is submitted
concurrently with, or subsequent to, the visa petition.''.
SEC. 4807. AUTHORIZATION OF APPROPRIATIONS.
(a) Funding.--There are authorized to be appropriated from the
Trust Fund established under section 6(a) such sums as may be necessary
to carry out sections 1110, 2101, 2104, 2212, 2213, 2221, 2232, 3301,
3501, 3502, 3503, 3504, 3505, 3506, 3605, 3610, 4221, and 4401 of this
Act.
(b) Availability of Funds.--Amounts appropriated pursuant to this
section shall remain available until expended unless otherwise
specified in this Act.
Subtitle I--Student and Exchange Visitor Programs
SEC. 4901. SHORT TITLE.
This subtitle may be cited as the ``Student Visa Integrity Act''.
SEC. 4902. SEVIS AND SEVP DEFINED.
In this subtitle:
(1) SEVIS.--The term ``SEVIS'' means the Student and
Exchange Visitor Information System of the Department of
Homeland Security.
(2) SEVP.--The term ``SEVP'' means the Student and Exchange
Visitor Program of the Department of Homeland Security.
SEC. 4903. INCREASED CRIMINAL PENALTIES.
Section 1546(a) of title 18, United States Code, is amended by
striking ``10 years'' and inserting ``15 years (if the offense was
committed by an owner, official, employee, or agent of an educational
institution with respect to such institution's participation in the
Student and Exchange Visitor Program), 10 years''.
SEC. 4904. ACCREDITATION REQUIREMENT.
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.''.
SEC. 4905. OTHER 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 shall 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); and
``(B) an appropriate accrediting agency recognized by the
Secretary of Education is able to provide such accreditation.
``(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 accredited college, university, or
language training program if the academic institution--
``(A) is otherwise in compliance with the requirements of
such section; and
``(B) is, on the date of the enactment of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996, a
candidate for accreditation or, after such date, has been a
candidate for accreditation for at least 1 year and continues
to progress toward accreditation by an accreditation agency
recognized by the Secretary of Education.''.
SEC. 4906. PENALTIES FOR FAILURE TO COMPLY WITH SEVIS REPORTING
REQUIREMENTS.
Section 641 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1372) is amended--
(1) in subsection (c)(1)--
(A) by striking ``institution,,'' each place it
appears and inserting ``institution,''; and
(B) in subparagraph (D), by striking ``and'' at the
end;
(2) in subsection (d)(2), by striking ``fails to provide
the specified information'' and all that follows and inserting
``does not comply with the reporting requirements set forth in
this section, the Secretary of Homeland Security may--
``(A) impose a monetary fine on such institution in
an amount to be determined by the Secretary; and
``(B) suspend the authority of such institution to
issue a Form I-20 to any alien.''.
SEC. 4907. VISA FRAUD.
(a) Immediate Withdrawal of SEVP Certification.--Section 641(d) of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1372(d)) is amended--
(1) in paragraph (1)(A), by striking ``institution,,'' and
inserting ``institution,''; and
(2) by adding at the end the following:
``(3) Effect of reasonable suspicion of fraud.--If the
Secretary of Homeland Security has reasonable suspicion that an
owner of, or a designated school official at, an approved
institution of higher education, an other approved educational
institution, or a designated exchange visitor program has
committed fraud or attempted to commit fraud relating to any
aspect of the Student and Exchange Visitor Program, or if such
owner or designated school official is indicted for such fraud,
the Secretary may immediately--
``(A) suspend such certification without prior
notification; and
``(B) suspend such official's or such school's
access to the Student and Exchange Visitor Information
System (SEVIS).''.
(b) Effect of Conviction for Visa Fraud.--Section 641(d) of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as
amended by subsection (a), is further amended by adding at the end the
following:
``(5) Permanent disqualification for fraud.--A designated
school official at, or an owner of, an approved institution of
higher education, an other approved educational institution, or
a designated exchange visitor program who is convicted for
fraud relating to any aspect of the Student and Exchange
Visitor Program shall be permanently disqualified from filing
future petitions and from having an ownership interest or a
management role (including serving as a principal, owner,
officer, board member, general partner, designated school
official, or any other position of substantive authority for
the operations or management of the institution) in any United
States educational institution that enrolls nonimmigrant alien
students described in subparagraph (F) or (M) of section
101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)).''.
SEC. 4908. BACKGROUND CHECKS.
(a) In General.--Section 641(d) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(d)), as amended
by section 4907 of this Act, is further amended by adding at the end
the following:
``(6) Background check requirement.--
``(A) In general.--An individual may not serve as a
designated school official or be granted access to
SEVIS unless the individual is a national of the United
States or an alien lawfully admitted for permanent
residence and during the most recent 3-year period--
``(i) the Secretary of Homeland Security
has--
``(I) conducted a thorough
background check on the individual,
including a review of the individual's
criminal and sex offender history and
the verification of the individual's
immigration status; and
``(II) determined that the
individual--
``(aa) has not been
convicted of any violation of
United States immigration law;
and
``(bb) is not a risk to the
national security of the United
States; and
``(ii) the individual has successfully
completed an on-line training course on SEVP
and SEVIS, which has been developed by the
Secretary.
``(B) Interim designated school official.--
``(i) In general.--An individual may serve
as an interim designated school official during
the period that the Secretary is conducting the
background check required by subparagraph
(A)(i)(I).
``(ii) Reviews by the secretary.--If an
individual serving as an interim designated
school official under clause (i) does not
successfully complete the background check
required by subparagraph (A)(i)(I), the
Secretary shall review each Form I-20 issued by
such interim designated school official.
``(7) Fee.--The Secretary is authorized to collect a fee
from an approved school for each background check conducted
under paragraph (6)(A)(i). The amount of such fee shall be
equal to the average amount expended by the Secretary to
conduct such background checks.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is 1 year after the date of the enactment
of this Act.
SEC. 4909. REVOCATION OF AUTHORITY TO ISSUE FORM I-20 OF FLIGHT SCHOOLS
NOT CERTIFIED BY THE FEDERAL AVIATION ADMINISTRATION.
Immediately upon the enactment of this Act, the Secretary shall
prohibit any flight school in the United States from accessing SEVIS or
issuing a Form I-20 to an alien seeking a student visa pursuant to
subparagraph (F)(i) or (M)(i) of section 101(a)(15) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)) if the flight school has not
been certified to the satisfaction of the Secretary and by the Federal
Aviation Administration pursuant to part 141 or part 142 of title 14,
Code of Federal Regulations (or similar successor regulations).
SEC. 4910. REVOCATION OF ACCREDITATION.
At the time an accrediting agency or association is required to
notify the Secretary of Education and the appropriate State licensing
or authorizing agency of the final denial, withdrawal, suspension, or
termination of accreditation of an institution pursuant to section 496
of the Higher Education Act of 1965 (20 U.S.C. 1099b), such accrediting
agency or association shall notify the Secretary of Homeland Security
of such determination and the Secretary of Homeland Security shall
immediately withdraw the school from the SEVP and prohibit the school
from accessing SEVIS.
SEC. 4911. REPORT ON RISK ASSESSMENT.
Not later than 180 days after the date of the enactment of this
Act, the Secretary shall submit to the Committee on the Judiciary of
the Senate and the Committee on the Judiciary of the House of
Representatives a report that contains the risk assessment strategy
that will be employed by the Secretary to identify, investigate, and
take appropriate action against schools and school officials that are
facilitating the issuance of Form I-20 and the maintenance of student
visa status in violation of the immigration laws of the United States.
SEC. 4912. IMPLEMENTATION OF GAO RECOMMENDATIONS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary shall submit to the Committee on the Judiciary of
the Senate and the Committee on the Judiciary of the House of
Representatives a report that describes--
(1) the process in place to identify and assess risks in
the SEVP;
(2) a risk assessment process to allocate SEVP's resources
based on risk;
(3) the procedures in place for consistently ensuring a
school's eligibility, including consistently verifying in lieu
of letters;
(4) how SEVP identified and addressed missing school case
files;
(5) a plan to develop and implement a process to monitor
State licensing and accreditation status of all SEVP-certified
schools;
(6) whether all flight schools that have not been certified
to the satisfaction of the Secretary and by the Federal
Aviation Administration have been removed from the program and
have been restricted from accessing SEVIS;
(7) the standard operating procedures that govern
coordination among SEVP, Counterterrorism and Criminal
Exploitation Unit, and U.S. Immigration and Customs Enforcement
field offices; and
(8) the established criteria for referring cases of a
potentially criminal nature from SEVP to the counterterrorism
and intelligence community.
SEC. 4913. IMPLEMENTATION OF SEVIS II.
Not later than 2 years after the date of the enactment of this Act,
the Secretary shall complete the deployment of both phases of the
second generation Student and Exchange Visitor Information System
(commonly known as ``SEVIS II'').
TITLE V--JOBS FOR YOUTH
SEC. 5101. DEFINITIONS.
In this title:
(1) Chief elected official.--The term ``chief elected
official'' means the chief elected executive officer of a unit
of local government in a local workforce investment area or in
the case in which such an area includes more than one unit of
general government, the individuals designated under an
agreement described in section 117(c)(1)(B) of the Workforce
Investment Act of 1998 (29 U.S.C. 2832(c)(1)(B)).
(2) Local workforce investment area.--The term ``local
workforce investment area'' means such area designated under
section 116 of the Workforce Investment Act of 1998 (29 U.S.C.
2831).
(3) Local workforce investment board.--The term ``local
workforce investment board'' means such board established under
section 117 of the Workforce Investment Act of 1998 (29 U.S.C.
2832).
(4) Low-income youth.--The term ``low-income youth'' means
an individual who--
(A) is not younger than 16 but is younger than 25;
(B) meets the definition of a low-income individual
provided in section 101(25) of the Workforce Investment
Act of 1998 (29 U.S.C. 2801(25)), except that States
and local workforce investment areas, subject to
approval in the applicable State plans and local plans,
may increase the income level specified in subparagraph
(B)(i) of such section to an amount not in excess of
200 percent of the poverty line for purposes of
determining eligibility for participation in activities
under section 5103; and
(C) is in one or more of the categories specified
in section 101(13)(C) of the Workforce Investment Act
of 1998 (29 U.S.C. 2801(13)(C)).
(5) Poverty line.--The term ``poverty line'' means a
poverty line as defined in section 673 of the Community
Services Block Grant Act (42 U.S.C. 9902), applicable to a
family of the size involved.
(6) State.--The term ``State'' means each of the several
States of the United States, and the District of Columbia.
SEC. 5102. ESTABLISHMENT OF YOUTH JOBS FUND.
(a) Establishment.--There is established in the Treasury of the
United States an account that shall be known as the Youth Jobs Fund
(referred to in this title as ``the Fund'').
(b) Deposits Into the Fund.--Out of any amounts in the Treasury not
otherwise appropriated, there is appropriated $1,500,000,000 for fiscal
year 2014, which shall be paid to the Fund, to be used by the Secretary
of Labor to carry out this title.
(c) Availability of Funds.--Of the amounts deposited into the Fund
under subsection (b), the Secretary of Labor shall allocate
$1,500,000,000 to provide summer and year-round employment
opportunities to low-income youth in accordance with section 5103.
(d) Period of Availability.--The amounts appropriated under this
title shall be available for obligation by the Secretary of Labor until
December 31, 2014, and shall be available for expenditure by grantees
(including subgrantees) until September 30, 2015.
SEC. 5103. SUMMER EMPLOYMENT AND YEAR-ROUND EMPLOYMENT OPPORTUNITIES
FOR LOW-INCOME YOUTH.
(a) In General.--From the funds available under section 5102(c),
the Secretary of Labor shall make an allotment under subsection (c) to
each State that has a modification to a State plan approved under
section 112 of the Workforce Investment Act of 1998 (29 U.S.C. 2822)
(referred to in this section as a ``State plan modification'') (or
other State request for funds specified in guidance under subsection
(b)) approved under subsection (d) and recipient under section 166(c)
of the Workforce Investment Act of 1998 (29 U.S.C. 2911(c)) (referred
to in this section as a ``Native American grantee'') that meets the
requirements of this section, for the purpose of providing summer
employment and year-round employment opportunities to low-income youth.
(b) Guidance and Application of Requirements.--
(1) Guidance.--Not later than 20 days after the date of
enactment of this Act, the Secretary of Labor shall issue
guidance regarding the implementation of this section.
(2) Procedures.--Such guidance shall, consistent with this
section, include procedures for--
(A) the submission and approval of State plan
modifications, for such other forms of requests for
funds by the State as may be identified in such
guidance, for modifications to local plans approved
under section 118 of the Workforce Investment Act of
1998 (29 U.S.C. 2833) (referred to individually in this
section as a ``local plan modification''), or for such
other forms of requests for funds by local workforce
investment areas as may be identified in such guidance,
that promote the expeditious and effective
implementation of the activities authorized under this
section; and
(B) the allotment and allocation of funds,
including reallotment and reallocation of such funds,
that promote such implementation.
(3) Requirements.--Except as otherwise provided in the
guidance described in paragraph (1) and in this section and
other provisions of this title, the funds provided for
activities under this section shall be administered in
accordance with the provisions of subtitles B and E of title I
of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et
seq., 2911 et seq.) relating to youth activities.
(c) State Allotments.--
(1) In general.--Using the funds described in subsection
(a), the Secretary of Labor shall allot to each State the total
of the amounts assigned to the State under subparagraphs (A)
and (B) of paragraph (2).
(2) Assignments to states.--
(A) Minimum amounts.--Using funds described in
subsection (a), the Secretary of Labor shall assign to
each State an amount equal to \1/2\ of 1 percent of
such funds.
(B) Formula amounts.--The Secretary of Labor shall
assign the remainder of the funds described in
subsection (a) among the States by assigning--
(i) 33\1/3\ percent on the basis of the
relative number of individuals in the civilian
labor force who are not younger than 16 but
younger than 25 in each State, compared to the
total number of individuals in the civilian
labor force who are not younger than 16 but
younger than 25 in all States;
(ii) 33\1/3\ percent on the basis of the
relative number of unemployed individuals in
each State, compared to the total number of
unemployed individuals in all States; and
(iii) 33\1/3\ on the basis of the relative
number of disadvantaged young adults and youth
in each State, compared to the total number of
disadvantaged young adults and youth in all
States.
(3) Reallotment.--If the Governor of a State does not
submit a State plan modification or other State request for
funds specified in guidance under subsection (b) by the date
specified in subsection (d)(2)(A), or a State does not receive
approval of such State plan modification or request, the amount
the State would have been eligible to receive pursuant to
paragraph (1) shall be allocated to States that receive
approval of State plan modifications or requests specified in
the guidance. Each such State shall receive a share of the
total amount available for reallotment under this paragraph, in
accordance with the State's share of the total amount allotted
under paragraph (1) to such State.
(4) Definitions.--For purposes of paragraph (2), the term
``disadvantaged young adult or youth'' means an individual who
is not younger than 16 but is younger than 25 who received an
income, or is a member of a family that received a total family
income, that, in relation to family size, does not exceed the
higher of--
(A) the poverty line; or
(B) 70 percent of the lower living standard income
level.
(d) State Plan Modification.--
(1) In general.--For a State to be eligible to receive an
allotment of funds under subsection (c), the Governor of the
State shall submit to the Secretary of Labor a State plan
modification, or other State request for funds specified in
guidance under subsection (b), in such form and containing such
information as the Secretary may require. At a minimum, such
State plan modification or request shall include--
(A) a description of the strategies and activities
to be carried out to provide summer employment
opportunities and year-round employment opportunities,
including linkages to training and educational
activities, consistent with subsection (f);
(B) a description of the requirements the State
will apply relating to the eligibility of low-income
youth, consistent with section 5101(4), for summer
employment opportunities and year-round employment
opportunities, which requirements may include criteria
to target assistance to particular categories of such
low-income youth, such as youth with disabilities,
consistent with subsection (f);
(C) a description of the performance outcomes to be
achieved by the State through the activities carried
out under this section and the processes the State will
use to track performance, consistent with guidance
provided by the Secretary of Labor regarding such
outcomes and processes and with section 5104(b);
(D) a description of the timelines for
implementation of the strategies and activities
described in subparagraph (A), and the number of low-
income youth expected to be placed in summer employment
opportunities, and year-round employment opportunities,
respectively, by quarter;
(E) assurances that the State will report such
information, relating to fiscal, performance, and other
matters, as the Secretary may require and as the
Secretary determines is necessary to effectively
monitor the activities carried out under this section;
(F) assurances that the State will ensure
compliance with the requirements, restrictions, labor
standards, and other provisions described in section
5104(a); and
(G) if a local board and chief elected official in
the State will provide employment opportunities with
the link to training and educational activities
described in subsection (f)(2)(B), a description of how
the training and educational activities will lead to
the industry-recognized credential involved.
(2) Submission and approval of state plan modification or
request.--
(A) Submission.--The Governor shall submit the
State plan modification or other State request for
funds specified in guidance under subsection (b) to the
Secretary of Labor not later than 30 days after the
issuance of such guidance.
(B) Approval.--The Secretary of Labor shall approve
the State plan modification or request submitted under
subparagraph (A) within 30 days after submission,
unless the Secretary determines that the plan or
request is inconsistent with the requirements of this
section. If the Secretary has not made a determination
within that 30-day period, the plan or request shall be
considered to be approved. If the plan or request is
disapproved, the Secretary may provide a reasonable
period of time in which the plan or request may be
amended and resubmitted for approval. If the plan or
request is approved, the Secretary shall allot funds to
the State under subsection (c) within 30 days after
such approval.
(3) Modifications to state plan or request.--The Governor
may submit further modifications to a State plan modification
or other State request for funds specified under subsection
(b), consistent with the requirements of this section.
(e) Within-State Allocation and Administration.--
(1) In general.--Of the funds allotted to the State under
subsection (c), the Governor--
(A) may reserve not more than 5 percent of the
funds for administration and technical assistance; and
(B) shall allocate the remainder of the funds among
local workforce investment areas within the State in
accordance with clauses (i) through (iii) of subsection
(c)(2)(B), except that for purposes of such allocation
references to a State in subsection (c)(2)(B) shall be
deemed to be references to a local workforce investment
area and references to all States shall be deemed to be
references to all local workforce investment areas in
the State involved.
(2) Local plan.--
(A) Submission.--In order to receive an allocation
under paragraph (1)(B), the local workforce investment
board, in partnership with the chief elected official
for the local workforce investment area involved, shall
submit to the Governor a local plan modification, or
such other request for funds by local workforce
investment areas as may be specified in guidance under
subsection (b), not later than 30 days after the
submission by the State of the State plan modification
or other State request for funds specified in guidance
under subsection (b), describing the strategies and
activities to be carried out under this section.
(B) Approval.--The Governor shall approve the local
plan modification or other local request for funds
submitted under subparagraph (A) within 30 days after
submission, unless the Governor determines that the
plan or request is inconsistent with requirements of
this section. If the Governor has not made a
determination within that 30-day period, the plan shall
be considered to be approved. If the plan or request is
disapproved, the Governor may provide a reasonable
period of time in which the plan or request may be
amended and resubmitted for approval. If the plan or
request is approved, the Governor shall allocate funds
to the local workforce investment area within 30 days
after such approval.
(3) Reallocation.--If a local workforce investment board
and chief elected official do not submit a local plan
modification (or other local request for funds specified in
guidance under subsection (b)) by the date specified in
paragraph (2), or the Governor disapproves a local plan, the
amount the local workforce investment area would have been
eligible to receive pursuant to the formula under paragraph
(1)(B) shall be allocated to local workforce investment areas
that receive approval of their local plan modifications or
local requests for funds under paragraph (2). Each such local
workforce investment area shall receive a share of the total
amount available for reallocation under this paragraph, in
accordance with the area's share of the total amount allocated
under paragraph (1)(B) to such local workforce investment
areas.
(f) Use of Funds.--
(1) In general.--The funds made available under this
section shall be used--
(A) to provide summer employment opportunities for
low-income youth, with direct linkages to academic and
occupational learning, and may be used to provide
supportive services, such as transportation or child
care, that is necessary to enable the participation of
such youth in the opportunities; and
(B) to provide year-round employment opportunities,
which may be combined with other activities authorized
under section 129 of the Workforce Investment Act of
1998 (29 U.S.C. 2854), to low-income youth.
(2) Program priorities.--In administering the funds under
this section, the local board and chief elected official shall
give priority to--
(A) identifying employment opportunities that are--
(i) in emerging or in-demand occupations in
the local workforce investment area; or
(ii) in the public or nonprofit sector and
meet community needs; and
(B) linking participants in year-round employment
opportunities to training and educational activities
that will provide such participants an industry-
recognized certificate or credential (referred to in
this title as an ``industry-recognized credential'').
(3) Administration.--Not more than 5 percent of the funds
allocated to a local workforce investment area under this
section may be used for the costs of administration of this
section.
(4) Performance accountability.--For activities funded
under this section, in lieu of meeting the requirements
described in section 136 of the Workforce Investment Act of
1998 (29 U.S.C. 2871), States and local workforce investment
areas shall provide such reports as the Secretary of Labor may
require regarding the performance outcomes described in section
5104(b)(5).
SEC. 5104. GENERAL REQUIREMENTS.
(a) Labor Standards and Protections.--Activities provided with
funds made available under this title shall be subject to the
requirements and restrictions, including the labor standards, described
in section 181 of the Workforce Investment Act of 1998 (29 U.S.C. 2931)
and the nondiscrimination provisions of section 188 of such Act (29
U.S.C. 2938), in addition to other applicable Federal laws.
(b) Reporting.--The Secretary of Labor may require the reporting of
information relating to fiscal, performance and other matters that the
Secretary determines is necessary to effectively monitor the activities
carried out with funds provided under this title. At a minimum,
recipients of grants (including recipients of subgrants) under this
title shall provide information relating to--
(1) the number of individuals participating in activities
with funds provided under this title and the number of such
individuals who have completed such participation;
(2) the expenditures of funds provided under this title;
(3) the number of jobs created pursuant to the activities
carried out under this title;
(4) the demographic characteristics of individuals
participating in activities under this title; and
(5) the performance outcomes for individuals participating
in activities under this title, including--
(A) for low-income youth participating in summer
employment activities under section 5103, performance
on indicators consisting of--
(i) work readiness skill attainment using
an employer validated checklist;
(ii) placement in or return to secondary or
postsecondary education or training, or entry
into unsubsidized employment; and
(B) for low-income youth participating in year-
round employment activities under section 5103,
performance on indicators consisting of--
(i) placement in or return to postsecondary
education;
(ii) attainment of a secondary school
diploma or its recognized equivalent;
(iii) attainment of an industry-recognized
credential; and
(iv) entry into, retention in, and earnings
in, unsubsidized employment.
(c) Activities Required To Be Additional.--Funds provided under
this title shall only be used for activities that are in addition to
activities that would otherwise be available in the State or local
workforce investment area in the absence of such funds.
(d) Additional Requirements.--The Secretary of Labor may establish
such additional requirements as the Secretary determines may be
necessary to ensure fiscal integrity, effective monitoring, and the
appropriate and prompt implementation of the activities under this
title.
(e) Report of Information and Evaluations to Congress and the
Public.--The Secretary of Labor shall provide to the appropriate
committees of Congress and make available to the public the information
reported pursuant to subsection (b).
SEC. 5105. VISA SURCHARGE.
(a) Collection.--
(1) In general.--Subject to paragraph (2), and in addition
to any fees otherwise imposed for such visas, the Secretary
shall collect a surcharge of $10 from an employer that submits
an application for--
(A) an employment-based visa under paragraph (3),
(4), (5), or (6) of section 203(b) of the Immigration
and Nationality Act (8 U.S.C. 1153(b)); and
(B) a nonimmigrant visa under subparagraph (C),
(H)(i)(b), (H)(i)(c), (H)(ii)(a), (H)(ii)(B), (O), (P),
(R), or (W) of section 101(a)(15) of such Act (8 U.S.C.
1101(a)(15)).
(2) Expiration.--The Secretary shall suspend the collection
of the surcharge authorized under paragraph (1) on the date on
which the Secretary has collected a cumulative total of
$1,500,000,000 under this subsection.
(b) Deposit.--All of the amounts collected under subsection (a)(1)
shall be deposited in the general fund of the Treasury.
Passed the Senate June 27, 2013.
Attest:
Secretary.
113th CONGRESS
1st Session
S. 744
_______________________________________________________________________
AN ACT
To provide for comprehensive immigration reform and for other purposes.
_______________________________________________________________________
June 27, 2013
Ordered to be printed as passed