[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3406 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 3406

 To amend section 214(c)(8) of the Immigration and Nationality Act to 
    modify the data reporting requirements relating to nonimmigrant 
                   employees, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 15, 2021

  Mr. Blumenthal (for himself, Mr. Cruz, Mr. Leahy, and Mr. Grassley) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend section 214(c)(8) of the Immigration and Nationality Act to 
    modify the data reporting requirements relating to nonimmigrant 
                   employees, 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.

    This Act may be cited as the ``Visa Transparency Anti-Trafficking 
Act of 2021''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Bona fide research purposes.--The term ``bona fide 
        research purposes''--
                    (A) means a systematic study or investigation, 
                including research, development, testing, and 
                evaluation, designed to develop or to contribute to 
                fuller or generalizable knowledge or understanding; and
                    (B) does not include--
                            (i) purposes that are commercial, tortious, 
                        or criminal in nature;
                            (ii) purposes that are related to 
                        immigration enforcement; or
                            (iii) nonresearch purposes that would not 
                        have been practicable, but for access to the 
                        information.
            (2) Employment.--The term ``employment''--
                    (A) means employment in the United States;
                    (B) includes cultural exchanges, training, and 
                business activities in which the nonimmigrant receives 
                any form of compensation (including a stipend) from any 
                source, whether paid in the United States or in the 
                nonimmigrant's country of origin, and whether or not 
                authorized by law; and
                    (C) does not include the activities of a 
                nonimmigrant described in section 101(a)(15)(B) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1101(a)(15)(B)), except--
                            (i) personal or domestic servants 
                        accompanying or following to join a 
                        nonimmigrant employer who seeks admission into, 
                        or is already in, the United States;
                            (ii) personal or domestic servants 
                        accompanying or following to join a United 
                        States citizen employer who has a permanent 
                        home or is stationed in a foreign country, and 
                        who is temporarily visiting the United States;
                            (iii) nonimmigrants engaged in training, 
                        services, or work normally allowed under other 
                        nonimmigrant visa classifications, including--
                                    (I) services described in clause 
                                (i)(b) of section 101(a)(15)(H) of the 
                                Immigration and Nationality Act (8 
                                U.S.C. 1101(a)(15)); and
                                    (II) training described in clause 
                                (iii) of such section; and
                            (iv) nonimmigrants engaged in the 
                        supervision or training of others engaged in 
                        building or construction work, but not for the 
                        purpose of performing any such building or 
                        construction work themselves (as described in 
                        section 214.2(b)(5) of title 8, Code of Federal 
                        Regulations and section 41.31(b)(1) of title 
                        22, Code of Federal Regulations).
            (3) Law enforcement.--The term ``law enforcement'' 
        includes--
                    (A) Federal law enforcement officers (as defined in 
                section 115(c)(1) of title 18, United States Code);
                    (B) Federal law enforcement officers and local law 
                enforcement officers (as such terms are defined in 
                paragraphs (5) and (6) of subsection (b) of the Combat 
                Human Trafficking Act of 2015 (34 U.S.C. 20709)); and
                    (C) State attorneys general (as defined in section 
                4G(1) of the Clayton Act (15 U.S.C. 15g(1))).
            (4) Nonimmigrant visa classification, status, or 
        subclassification.--The term ``nonimmigrant visa 
        classification, status, or subclassification'' means any 
        program, level, category, subcategory, or other type of 
        grouping that--
                    (A) is part of a nonimmigrant visa classification 
                or status--
                            (i) described in section 101(a)(15) or 
                        214(e) of the Immigration and Nationality Act 
                        (8 U.S.C. 1101(a)(15) and 1184(e)); or
                            (ii) otherwise established under the 
                        immigration laws (as defined in section 
                        101(a)(17) of the Immigration and Nationality 
                        Act (8 U.S.C. 1101(a)(17))); and
                    (B) may be specifically created, delineated, or 
                defined in--
                            (i) any Federal statute, regulation, agency 
                        guidance, directive, memo, or any other source 
                        material, including the Code of Federal 
                        Regulations, the Foreign Affairs Manual, and 
                        Department of State cables (classified or 
                        unclassified); or
                            (ii) any official form, application, or 
                        petition used by the Secretary of Homeland 
                        Security, the Secretary of State, or the 
                        Secretary of Labor.
            (5) Service providers to human trafficking victims.--The 
        term ``service providers to human trafficking victims'' means 
        any nonprofit, nongovernmental organization that has 
        significant knowledge and substantial experience in human 
        trafficking prevention and eradication, investigation and 
        identification of human trafficking, and delivering wrap-around 
        services to human trafficking victims, including grant 
        recipients under--
                    (A) section 107(b)(2)(A), 107(f), or 112A of the 
                Trafficking Victims Protection Act of 2000 (22 U.S.C. 
                7105(b)(2)(A), 7105(f), and 7109a); or
                    (B) section 202 or 203 of the Trafficking Victims 
                Protection Reauthorization Act of 2005 (34 U.S.C. 20702 
                and 20703).
            (6) Temporary foreign nonimmigrant worker.--The term 
        ``temporary foreign nonimmigrant worker'' means--
                    (A) a nonimmigrant--
                            (i) who has been issued a visa under 
                        section 101(a)(15) of the Immigration and 
                        Nationality Act (8 U.S.C. 1101(a)(15));
                            (ii) who has petitioned for, requested, or 
                        otherwise applied for a visa described in 
                        subparagraph (A); or
                            (iii) for whom such a visa has been 
                        petitioned, requested, or applied; and
                    (B) any person authorized to be employed in the 
                United States under any nonimmigrant visa 
                classification, subclassification, or program for 
                nonimmigrants that authorizes employment, except for 
                persons who were issued nonimmigrant visas for the 
                purpose of victim or witness protection.
            (7) Third party intermediary.--The term ``third party 
        intermediary''--
                    (A) means any natural person, corporation, company, 
                firm, partnership, joint stock company or association, 
                or other organization or entity, including municipal 
                corporations, that recruits, solicits, or engages in 
                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 outside of the United States; and
                    (B) includes recruiters, subrecruiters, placement 
                agencies, staffing agencies, labor contractors, and 
                sponsor organizations designated by the Secretary of 
                State, including for-profit and not-for-profit sponsor 
                entities.
            (8) Worker protection organization.--The term ``worker 
        protection organization'' means any nonprofit, nongovernmental 
        organization that--
                    (A) promotes compliance with antidiscrimination, 
                wage, occupational health and safety, workers' 
                compensation and other labor and employment laws and 
                regulations; or
                    (B) otherwise advocates for safeguarding labor 
                standards and improving workplace protections and 
                working conditions.

SEC. 3. ANNUAL REPORT TO CONGRESS ON NONIMMIGRANT VISAS.

    Section 214(c)(8) of the Immigration and Nationality Act (8 U.S.C. 
1184(c)(8)) is amended to read as follows:
    ``(8) Not later than 6 months after the end of each fiscal year, 
the Secretary of Homeland Security shall submit a report to the 
Committee on the Judiciary of the Senate and the Committee on the 
Judiciary of the House of Representatives that includes, with respect 
to the reporting period--
            ``(A) the number of citizens of countries with a Compact of 
        Free Association with the United States who--
                    ``(i) are authorized by such Compact to reside 
                indefinitely in the United States as nonimmigrants; and
                    ``(ii) were admitted to the United States;
            ``(B) the ports of entry at which the individuals described 
        in subparagraph (A) were admitted; and
            ``(C) with respect to each nonimmigrant visa 
        classification, subclassification, or program for nonimmigrants 
        that authorizes employment, as applicable (except for visas 
        issued for the purpose of victim or witness protection), to the 
        extent that the following data are collected by the Department 
        of Homeland Security, the Department of Labor, the Department 
        of State, or any other Federal agency to which the collection 
        of such data has been delegated by any such Department, or by 
        any successor agency to any such department--
                    ``(i) the number of visas that were issued;
                    ``(ii) the number of persons who were admitted into 
                the United States;
                    ``(iii) the number of persons who were otherwise 
                granted legal status;
                    ``(iv) the number of visas that expired, were 
                revoked, or were otherwise terminated, respectively;
                    ``(v) the number of temporary foreign nonimmigrant 
                workers employed in each State;
                    ``(vi) the 10 employers that hired the most 
                temporary foreign nonimmigrant workers;
                    ``(vii) the 10 occupations, listed by Standard 
                Occupational Classification Code, in which the largest 
                number of temporary foreign nonimmigrant workers are 
                employed in the United States, and the average hourly 
                and yearly salary paid to temporary foreign 
                nonimmigrant workers in each such occupation;
                    ``(viii) the 10 most common nationalities of 
                temporary foreign nonimmigrant workers;
                    ``(ix) the 10 third party intermediaries that 
                recruited or hired the most temporary foreign 
                nonimmigrant workers;
                    ``(x) the percentage of temporary foreign 
                nonimmigrant workers at each major education level;
                    ``(xi) the percentage of temporary foreign 
                nonimmigrant workers who are younger than 20 years of 
                age, between 20 and 24 years of age, between 25 and 29 
                years of age, between 30 and 34 years of age, between 
                35 and 39 years of age, between 40 and 44 years of age, 
                between 45 and 49 years of age, between 50 and 54 years 
                of age, between 55 and 59 years of age, between 60 and 
                64 years of age, or older than 65 years of age, 
                respectively;
            ``(xii) the percentage of temporary foreign nonimmigrant 
        workers of each sex who were issued visas; and
            ``(xiii) the source of the data described in clauses (i) 
        through (xii).''.

SEC. 4. DATABASE.

    (a) In General.--
            (1) Availability of information.--At the time the Secretary 
        of Homeland Security submits each annual report under section 
        214(c)(8) of the Immigration and Nationality Act, as amended by 
        section 3, with respect to each temporary foreign nonimmigrant 
        worker, the Secretary shall make the information described in 
        subsection (b) (except for information regarding visas issued 
        for the purpose of victim or witness protection) that is 
        collected by the Department of Homeland Security, the 
        Department of Labor, the Department of State, or any other 
        Federal agency to which the collection of such data has been 
        delegated by any such department, or by any successor agency to 
        any such department on a dedicated and searchable database.
            (2) Sources; redundancies.--The database established 
        pursuant to paragraph (1) shall--
                    (A) indicate the sources from which the information 
                described in subsection (b) is derived; and
                    (B) to the extent that any of the information 
                described in subsection (b) is available from more than 
                1 source or Federal agency--
                            (i) reproduce the information from each 
                        source or Federal agency; and
                            (ii) indicate the source from which such 
                        information was derived, including the Federal 
                        agency and any relevant petition or application 
                        form.
    (b) Required Information.--
            (1) Biographical information.--The information made 
        available in the database established pursuant to subsection 
        (a) shall include, for each temporary foreign nonimmigrant 
        worker--
                    (A) his or her age;
                    (B) his or her sex;
                    (C) his or her country of origin and local region 
                or State;
                    (D) the highest level of education attained, the 
                institution from which such education was attained, and 
                his or her primary field of study; and
                    (E) the name of the university at which he or she 
                is enrolled.
            (2) Visa information.--The information made available in 
        the database established pursuant to subsection (a) shall 
        include, for each visa requested by a temporary foreign 
        nonimmigrant worker--
                    (A) the visa classification or status that was 
                requested, including--
                            (i) any applicable subclassification, 
                        preference, or program associated with the visa 
                        classification or status; and
                            (ii) if applicable, any section cited from 
                        the Code of Federal Regulations, Foreign 
                        Affairs Manual, or any other Federal guidance 
                        document that corresponds to such 
                        subclassification, preference, or program;
                    (B) whether the request is for a new visa or an 
                extension of an existing visa or status;
                    (C) the status of the visa, such as issued, 
                expired, revoked, or terminated;
                    (D) whether the visa was issued pursuant to a 
                blanket petition; and
                    (E) whether the visa or status was issued at a port 
                of entry and, if so, the port of entry where it was 
                issued.
            (3) Employment information.--The information made available 
        in the database established pursuant to subsection (a) shall 
        include--
                    (A) for each offer of employment in the United 
                States--
                            (i) the temporary foreign nonimmigrant 
                        worker's occupation and the standard 
                        occupational classification code for the 
                        occupation, or any other occupational code 
                        listed;
                            (ii) the wages, salary, and any other 
                        compensation to be paid to the temporary 
                        foreign nonimmigrant worker;
                            (iii) the address where the temporary 
                        foreign nonimmigrant worker will work, and any 
                        additional worksite addresses;
                            (iv) the address where the temporary 
                        foreign nonimmigrant worker will reside during 
                        his or her employment;
                            (v) whether the temporary foreign 
                        nonimmigrant worker will be assigned to work at 
                        an offsite location; and
                            (vi) whether the temporary foreign 
                        nonimmigrant worker's position is a full-time 
                        position; and
                    (B) for each accepted offer of employment in the 
                United States--
                            (i) the dates on which the temporary 
                        foreign nonimmigrant worker began and ended 
                        employment; and
                            (ii) the date on which the temporary 
                        foreign nonimmigrant worker entered the United 
                        States.
            (4) Employer information.--The information made available 
        in the database established pursuant to subsection (a) shall 
        include, for each employer of temporary foreign nonimmigrant 
        workers--
                    (A) the name and address of the employer;
                    (B) if the employer is a household employer, the 
                nationality of the employer;
                    (C) whether the employer is an H-1B dependent 
                employer (as defined in section 212(n)(3)(A) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1182(n)(3)(A)));
                    (D) whether the employer has ever been found to be 
                a willful violator or to have violated any law or 
                regulation under the employment, labor, or immigration 
                laws of the United States;
                    (E) whether the employer conducts outplacement of 
                nonimmigrants; and
                    (F) the percentage of nonimmigrants comprising the 
                United States workforce of the employer, including 
                whether the percentage is less than 30 percent, between 
                30 and 50 percent, or more than 50 percent.
            (5) Application information.--The information made 
        available in the database established pursuant to subsection 
        (a) shall include, for each application filed on behalf of a 
        temporary foreign nonimmigrant worker--
                    (A) the date on which the application was filed;
                    (B) the status of such application, such as 
                approved, rejected, denied, withdrawn, or awaiting 
                final action;
                    (C) whether the application was for the purpose 
                of--
                            (i) beginning new employment;
                            (ii) continuing previously approved 
                        employment with the same employer without 
                        change;
                            (iii) changing from previously approved 
                        employment;
                            (iv) new concurrent employment;
                            (v) changing of employer;
                            (vi) amending a petition;
                            (vii) requesting initial permission to 
                        accept employment;
                            (viii) renewing permission to accept 
                        employment; or
                            (ix) something not described in clauses (i) 
                        through (viii);
                    (D) whether the application was a blanket petition;
                    (E) the total number of temporary foreign 
                nonimmigrant workers included in the application;
                    (F) the application number;
                    (G) whether the temporary foreign nonimmigrant 
                worker is eligible for employment authorization based 
                on pre-completion optional practical training, post-
                completion optional practical training, or STEM 
                optional practical training;
                    (H) if the temporary foreign nonimmigrant worker is 
                eligible for employment authorization based on STEM 
                optional practical training--
                            (i) the worker's degree; and
                            (ii) the name of the worker's employer; and
                    (I) the name of the person or entity that filed a 
                permanent status petition on the behalf of the 
                temporary foreign nonimmigrant worker.
            (6) Third party intermediary information.--The information 
        made available in the database established pursuant to 
        subsection (a) shall include the name and last known domestic 
        and foreign business address of any third party intermediary 
        involved in identifying workers for employment in the United 
        States with a nonimmigrant visa.
    (c) Recipient Entities.--
            (1) In general.--The database established pursuant to 
        subsection (a), including all personally identifiable 
        information including in such database, shall be made available 
        only to--
                    (A) law enforcement agencies;
                    (B) service providers to human trafficking victims;
                    (C) worker protection organizations; or
                    (D) entities agreeing to only use such information 
                for bona fide research purposes.
            (2) Certification.--Any entity receiving data under 
        paragraph (1)(D) for bona fide research purposes shall certify 
        that the entity--
                    (A) will only use the data for research purposes; 
                and
                    (B) will not share or disclose the data in 
                disaggregated form, in a manner that would make any 
                personally identifiable information discernible, with 
                any individual or entity that has not been approved by 
                the Department of Homeland Security to receive such 
                disaggregated data.
            (3) Privacy protection.--Any government official who uses 
        information contained in the database established pursuant to 
        subsection (a) shall take reasonable steps to ensure that such 
        use does not enable such information to be manipulated--
                    (A) to identify an individual nonimmigrant to whom 
                the information relates; or
                    (B) to disaggregate such information into its 
                component parts.
    (d) Rulemaking.--The Secretary of Homeland Security shall--
            (1) promulgate a rule that establishes--
                    (A) procedures for requesting and accessing 
                information contained in the database established 
                pursuant to subsection (a), which access may not be 
                limited to fewer than 5 years; and
                    (B) security procedures for protecting such 
                information, including rules relating to personnel 
                security, physical security, and network security; and
            (2) promulgate regulations making the information described 
        in subsection (a) available to the public in a searchable 
        database format, except for--
                    (A) any personally identifiable information, 
                including--
                            (i) worksite address, but shall include the 
                        State in which the worksite is located; and
                            (ii) the names of any household employers;
                    (B) any query that returns fewer than 10 workers; 
                and
                    (C) any information that, alone or in combination, 
                would allow a reasonable person who does not have 
                personal knowledge of the relevant circumstances, to 
                identify a specific temporary foreign nonimmigrant 
                worker with reasonable certainty.

SEC. 5. AUTHORITY TO MODIFY FORMS.

    The Secretary of Homeland Security, the Secretary of State, and the 
Secretary of Labor may take such steps as may be necessary to revise 
any application, petition, form, or database used to regulate the 
issuance of visas to nonimmigrants or to grant nonimmigrant status to 
comply with the reporting requirements set forth in section 214(c)(8) 
of the Immigration and Nationality Act, as amended by section 3.

SEC. 6. AUTHORITY TO IMMEDIATELY UPDATE FEES.

    Notwithstanding the requirements under chapter 5 of title 5, United 
States Code (commonly referred to as the ``Administrative Procedure 
Act'') or any other law, the Secretary of Homeland Security, the 
Secretary of State, or the Secretary of Labor may, without notice and 
comment, reasonably adjust applicable fees charged to any person or 
entity to the extent necessary to recover the full cost implementing 
this Act or the amendments made by this Act.

SEC. 7. INFORMATION SHARING.

    The Secretary of State and the Secretary of Labor shall--
            (1) annually submit to the Secretary of Homeland Security, 
        in a timely manner, any information collected or maintained by 
        the Department of State or the Department of Labor that is 
        required to be included in the annual report under section 
        214(c)(8) of the Immigration and Nationality Act, as amended by 
        section 3; and
            (2) provide any other related information to the Secretary 
        of Homeland Security, upon request, that may be necessary to 
        carry out the Secretary of Homeland Security's responsibilities 
        under this Act and the amendment made by section 3.

SEC. 8. EXEMPTION FROM PAPERWORK REDUCTION ACT.

    The requirements under chapter 35 of title 44, United States Code 
(commonly referred to as the ``Paperwork Reduction Act''), shall not 
apply to any action to implement this Act or the amendments made by 
this Act.

SEC. 9. PROGRESSIVE IMPLEMENTATION.

    (a) Initial Report.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Homeland Security shall submit 
the first report required under section 214(c)(8) of the Immigration 
and Nationality Act, as amended by section 3, based on the information 
that is available from the Department of Homeland Security, the 
Department of Labor, and the Department of State as of the date of the 
enactment of this Act.
    (b) Full Report.--Not later than 3 years after the date of the 
enactment of this Act, the Secretary of Homeland Security shall submit 
the report required under section 214(c)(8) of the Immigration and 
Nationality Act, as amended by section 3, which shall include all of 
the information and data listed in subparagraph (C) of such section, 
which is collected by the Department of Homeland Security, the 
Department of Labor, the Department of State, or any other Federal 
agency to which the collection of such data has been delegated by any 
such Department, or by any successor agency to any such Department.

SEC. 10. CONTINUED REPORTING.

    (a) In General.--Federal and State administrative agencies shall 
continue to publicly report all nonimmigrant visa data required by law 
as of the day before the date of the enactment of this Act.
    (b) Savings Provision.--None of the reporting requirements under 
this Act or the amendments made by this Act may be construed to 
replace--
            (1) any reporting requirements under any statute or 
        regulation in effect on the date of the enactment of this Act; 
        or
            (2) any reports or publicly available microdata published 
        by any Federal agency pertaining to any nonimmigrant visa 
        classification that authorizes employment.
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