[Congressional Record Volume 159, Number 82 (Tuesday, June 11, 2013)]
[Senate]
[Pages S4093-S4206]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
BORDER SECURITY, ECONOMIC OPPORTUNITY, AND IMMIGRATION MODERNIZATION
ACT
The PRESIDING OFFICER. The clerk will report the bill.
The legislative clerk read as follows:
A bill (S. 744) to provide for comprehensive immigration
reform and for other purposes.
The Senate proceeded to consider the bill, which had been reported
from the Committee on the Judiciary, with an amendment to strike all
after the enacting clause and insert in lieu thereof the following:
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.
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TITLE I--BORDER SECURITY
Sec. 1101. Definitions.
Sec. 1102. Additional U.S. Customs and Border Protection officers.
Sec. 1103. National Guard support to secure the Southern border.
Sec. 1104. Enhancement of existing border security operations.
Sec. 1105. Border security on certain Federal land.
Sec. 1106. Equipment and technology.
Sec. 1107. Access to emergency personnel.
Sec. 1108. Southwest Border Region Prosecution Initiative.
Sec. 1109. Interagency collaboration.
Sec. 1110. 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. Reports.
Sec. 1117. Severability and delegation.
Sec. 1118. Prohibition on land border crossing fees.
Sec. 1119. Human Trafficking Reporting.
Sec. 1120. Rule of construction.
Sec. 1121. Limitations on dangerous deportation practices.
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.
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.
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. 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.
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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.
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 for speakers of certain foreign
languages.
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.
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.
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 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.
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.
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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 the Secretary, after consultation
with the Comptroller General of the United States, submits to
the President and Congress a written certification that--
(i) the Comprehensive Southern Border Security Strategy has
been submitted to Congress and is substantially deployed and
substantially operational;
(ii) the Southern Border Fencing Strategy has been
submitted to Congress, implemented, and is substantially
completed;
(iii) the Secretary has implemented 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; and
(iv) the Secretary is using an electronic exit system at
air and sea ports of entry that operates by collecting
machine-readable visa or passport information from air and
vessel carriers.
(B) Exception.--The Secretary shall permit registered
provisional immigrants to apply for an adjustment to lawful
permanent resident status if--
(i)(I) litigation or a force majeure has prevented 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.--If the Secretary certifies that the
Department has not achieved effective control in all border
sectors during any fiscal year beginning before the date that
is 5 years after the date of the enactment of this Act, not
later than 60 days after such certification, there shall be
established a commission to be known as the ``Southern Border
Security Commission'' (referred to in this section as the
``Commission'').
(b) Composition.--
(1) In general.--The Commission shall be composed of--
(A) 2 members who shall be appointed by the President;
(B) 2 members who shall be appointed by the President pro
tempore of the Senate, of which--
(i) 1 shall be appointed upon the recommendation of the
leader in the Senate of the political party that is not the
political party of the President; and
(ii) 1 shall be appointed upon the recommendation of the
leader in the Senate of the other political party;
(C) 2 members who shall be appointed by the Speaker of the
House of Representatives, of which--
(i) 1 shall be appointed upon the recommendation of the
leader in the House of Representatives of the political party
that is not the political party of the President; and
(ii) 1 shall be appointed upon the recommendation of the
leader in the House of Representatives of the other political
party; and
(D) 4 members, consisting of 1 member from each of the
States along the Southern border, who shall be--
(i) the Governor of such State; or
(ii) appointed by the Governor of each such State.
(2) Qualification for appointment.--Appointed members of
the Commission shall be distinguished individuals noted for
their knowledge and experience in the field of border
security at the Federal, State, or local level.
(3) Time of appointment.--The appointments required by
paragraph (1) shall be made not later than 60 days after the
Secretary makes a certification described in subsection (a).
(4) Chair.--At the first meeting of the Commission, a
majority of the members of the Commission present and voting
shall elect the Chair of the Commission.
(5) Vacancies.--Any vacancy of the Commission shall not
affect its powers, but shall be filled in the manner in which
the original appointment was made.
(6) Rules.--The Commission shall establish the rules and
procedures of the Commission which shall require the approval
of at least 6 members of the Commission.
(c) Duties.--The Commission's primary responsibility shall
be 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--
(1) the capability to engage in, and engaging in,
persistent surveillance in border sectors along the Southern
border; and
(2) an effectiveness rate of 90 percent or higher in all
border sectors along the Southern border.
(d) Report.--Not later than 180 days after the end of the
5-year period described in subsection (a), the Commission
shall submit to the President, the Secretary, and Congress a
report setting forth specific recommendations for policies
for achieving and maintaining the border security goals
specified in subsection (c). The report shall include, at a
minimum, recommendations for the personnel, infrastructure,
technology, and other resources required to achieve and
maintain an effectiveness rate of 90 percent or higher in all
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 30 days
after the date on which the report is submitted under
subsection (d).
[[Page S4097]]
SEC. 5. COMPREHENSIVE SOUTHERN BORDER SECURITY STRATEGY AND
SOUTHERN BORDER FENCING STRATEGY.
(a) Comprehensive Southern Border Security Strategy.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit a
strategy, to be known as the ``Comprehensive Southern Border
Security Strategy'', for achieving and maintaining effective
control between the ports of entry in all 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; and
(G) the Comptroller General of the United States.
(2) Elements.--The Comprehensive Southern Border Security
Strategy shall specify--
(A) the priorities that must be met for the strategy to be
successfully executed;
(B) the capabilities that must be obtained to meet each of
the priorities referred to in subparagraph (A), including--
(i) surveillance and detection capabilities developed or
used by the Department of Defense to increase situational
awareness; and
(ii) the requirement for stationing sufficient Border
Patrol agents and Customs and Border Protection officers
between and at ports of entry along the Southern border; and
(C) the resources, including personnel, infrastructure, and
technology that must be procured and successfully deployed to
obtain the capabilities referred to in subparagraph (B),
including--
(i) fixed, mobile, and agent portable surveillance systems;
and
(ii) unarmed, unmanned aerial systems and unarmed, fixed-
wing aircraft and necessary and qualified staff and equipment
to fully utilize such systems.
(3) Additional elements regarding execution.--The
Comprehensive Southern Border Security Strategy shall
describe--
(A) how the resources referred to in paragraph (2)(C) will
be properly aligned with the priorities referred to in
paragraph (2)(A) to ensure that the strategy will be
successfully executed;
(B) the interim goals that must be accomplished to
successfully implement the strategy; and
(C) the schedule and supporting milestones under which the
Department will accomplish the interim goals referred to in
subparagraph (B).
(4) Implementation.--
(A) In general.--The Secretary shall commence the
implementation of the Comprehensive Southern Border Security
Strategy immediately after submitting the strategy under
paragraph (1).
(B) Notice of commencement.--Upon commencing the
implementation of the strategy, the Secretary shall submit a
notice of commencement of such implementation to--
(i) Congress; and
(ii) the Comptroller General of the United States.
(5) Semiannual reports.--
(A) In general.--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 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, $8,300,000,000
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
4408.
(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.
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(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.
(3) Use of funds.--
(A) Initial funding.--Of the amounts transferred to the
Trust Fund pursuant to paragraph (2)(A)--
(i) $3,000,000,000 shall 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;
(ii) $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);
(iii) $1,500,000,000 shall be made available to the
Secretary, during the 5-year period beginning on the date of
the enactment of this Act, to procure and deploy fencing,
infrastructure, and technology in accordance with the
Southern Border Fencing Strategy established pursuant to
section 5(b), not less than $1,000,000,000 of which shall be
used to deploy, repair, or replace fencing;
(iv) $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;
(v) $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
(vi) $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.
(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
[[Page S4099]]
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
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. CUSTOMS AND BORDER PROTECTION
OFFICERS.
(a) In General.--Not later than September 30, 2017, the
Secretary shall increase the number of trained U.S. Customs
and Border Protection officers by 3,500, compared to the
number of such officers as of the date of the enactment of
this Act. The Secretary shall make progress in increasing
such number of officers during each of the fiscal years 2014
through 2017.
(b) Construction.--Nothing in subsection (a) may be
construed to preclude the Secretary from
[[Page S4100]]
reassigning or stationing U.S. Customs and Border Protection
Officers and U.S. Border Patrol Agents from the Northern
border to the Southern border.
(c) 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. Amounts collected under clause
(i)(III)''; and
(3) by striking clause (iii).
(d) 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,''.
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. Not less than 90 percent
of the amounts made available under section 6(a)(3)(C)(ii)
shall be allocated for grants and reimbursements to law
enforcement agencies in the States in the Southwest border
region for personnel, overtime, travel, and other costs
related to combating illegal immigration and drug smuggling
in the Southwest border region. 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
[[Page S4101]]
(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.
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
[[Page S4102]]
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
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 29
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) 12 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 civil rights advocates;
(IV) 1 business representative;
(V) 1 higher education representative;
(VI) 1 private land owner representative;
(VII) 1 representative of a faith community; and
(VIII) 2 representatives of U.S. Border Patrol; and
(ii) 17 members shall be from the Southern border region
and include--
(I) 3 local government elected officials;
(II) 3 local law enforcement officials;
(III) 3 civil rights advocates;
(IV) 2 business representatives;
(V) 1 higher education representative;
(VI) 2 private land owner representatives;
(VII) 1 representative of a faith community; and
(VIII) 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
14 members.
(b) Operations.--
(1) Hearings.--The DHS Task Force may, for the purpose of
carrying out its duties, hold hearings, sit and act, take
testimony, receive evidence, and administer oaths.
(2) Recommendations.--The DHS Task Force may make findings
or recommendations to the Secretary related to the duties
described in subsection (a)(2).
(3) Response.--Not later than 180 days after receiving the
findings and recommendations from the DHS Task Force under
paragraph (2), the Secretary shall issue a response that
describes how the Department has addressed, or will address,
such findings and recommendations. 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--
[[Page S4103]]
(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. 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;
and
(4) the allocations at each port of entry along the
Northern border and the Southern border.
(b) Report on Interagency Collaboration.--The Under
Secretary of Defense for Acquisition, Technology, and
Logistics and the Under Secretary of Homeland Security for
Science and Technology shall jointly submit a report on the
results of the interagency collaboration under section 1109
to--
(1) the Committee on Armed Services of the Senate;
(2) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(3) the Committee on 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. 1117. 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
[[Page S4104]]
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. 1118. PROHIBITION ON LAND BORDER CROSSING FEES.
The Secretary shall not establish, collect, or otherwise
impose a border crossing fee for pedestrians or passenger
vehicles at land ports of entry along the Southern border or
the Northern border, nor conduct any study relating to the
imposition of such a fee.
SEC. 1119. 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. 1120. RULE OF CONSTRUCTION.
Nothing in this Act may be construed to authorize the
deployment, procurement, or construction of fencing along the
Northern border.
SEC. 1121. 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.
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--
[[Page S4105]]
``(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,
[[Page S4106]]
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
[[Page S4107]]
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
[[Page S4108]]
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
[[Page S4109]]
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.--
[[Page S4110]]
``(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.--
[[Page S4111]]
``(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
[[Page S4112]]
``(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.
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--
[[Page S4113]]
``(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
[[Page S4114]]
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--
[[Page S4115]]
(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
[[Page S4116]]
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.
[[Page S4117]]
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
[[Page S4118]]
``(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
[[Page S4119]]
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.
[[Page S4120]]
``(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
[[Page S4121]]
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.--
[[Page S4122]]
``(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
[[Page S4123]]
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 1 through 4.--For the first 4 fiscal
years beginning after the date of enactment of the Border
Security, Economic Opportunity, and Immigration Modernization
Act, the worldwide level of merit-based immigrant visas made
available under section 201(e)(1) shall be available for
aliens described in section 203(b)(3) and in addition to any
visas available for such aliens under such section.
``(2) Subsequent fiscal years.--Beginning with the fifth
fiscal year beginning after the date of the enactment of the
Border Security, Economic Opportunity, and Immigration
Modernization Act, aliens subject to the worldwide level
specified in section 201(e) for merit-based immigrants shall
be allocated as follows:
``(A) 50 percent shall be available to applicants with the
highest number of points allocated under tier 1 in paragraph
(4).
``(B) 50 percent shall be available to applicants with the
highest number of points allocated under tier 2 in paragraph
(5).
``(3) Unused visas.--If the total number of visas allocated
to tier 1 or tier 2 for a fiscal year are not granted during
that fiscal year, such number may be added to the number of
visas available 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) 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
[[Page S4124]]
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 the first day of the first fiscal year
beginning after the date of the enactment of this Act.
SEC. 2302. MERIT-BASED TRACK TWO.
(a) In General.--In addition to any immigrant visa made
available under the Immigration and Nationality Act (8 U.S.C.
1101 et seq.), as amended by this Act, the Secretary of State
shall allocate merit-based immigrant visas as described in
this section.
(b) Status.--An alien admitted on the basis of a merit-
based immigrant visa under this section shall have the status
of an alien lawfully admitted for permanent residence (as
that term is defined in section 101(a)(20) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(20)).
(c) Eligibility.--Beginning on October 1, 2014, the
following aliens shall be eligible for merit-based immigrant
visas under this section:
(1) Employment-based immigrants.--An alien who is the
beneficiary of a petition filed before the date of the
enactment of this Act to accord status under section 203(b)
of the Immigration and Nationality Act, if the visa has not
been issued within 5 years after the date on which such
petition was filed.
(2) Family-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) 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.
[[Page S4125]]
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--
[[Page S4126]]
(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).
[[Page S4127]]
``(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).
[[Page S4128]]
(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).''.
(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).
[[Page S4129]]
``(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.''.
[[Page S4130]]
(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
[[Page S4131]]
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
[[Page S4132]]
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--
[[Page S4133]]
``(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''.
[[Page S4134]]
(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).''.
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
[[Page S4135]]
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.
[[Page S4136]]
(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--
[[Page S4137]]
(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''.
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.
[[Page S4138]]
``(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:
[[Page S4139]]
``(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
[[Page S4140]]
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
[[Page S4141]]
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
[[Page S4142]]
``(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;
[[Page S4143]]
``(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
[[Page S4144]]
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,
[[Page S4145]]
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
[[Page S4146]]
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
[[Page S4147]]
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
[[Page S4148]]
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.
[[Page S4149]]
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
[[Page S4150]]
``(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.
[[Page S4151]]
(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) 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).
(4) 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.
(5) 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 (3); and
(C) the projected costs to develop and deploy an effective
biometric exit data system.
(6) 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.
[[Page S4152]]
(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. 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
[[Page S4153]]
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
[[Page S4154]]
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).
[[Page S4155]]
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.
[[Page S4156]]
``(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 or
exchange visitor who is the subject of foreign labor
contracting activity.
SEC. 3602. DISCLOSURE.
(a) Requirement for Disclosure.--Any person who engages in
foreign labor contracting activity shall ascertain and
disclose in writing in English and in the primary language of
the worker at the time of the worker's recruitment, the
following information:
(1) The identity and address of the employer and the
identity and address of the person conducting the recruiting
on behalf of the employer, including any subcontractor or
agent involved in such recruiting.
(2) All assurances and terms and conditions of employment,
from the prospective employer for whom the worker is being
recruited, including the work hours, level of compensation to
be paid, the place and period of employment, a description of
the type and nature of employment activities, any
withholdings or deductions from compensation and any
penalties for terminating employment.
(3) A signed copy of the work contract between the worker
and the employer.
(4) The type of visa under which the foreign worker is to
be employed, the length of time for which the visa will be
valid, 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.
[[Page S4157]]
(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),
[[Page S4158]]
(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.
[[Page S4159]]
(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
[[Page S4160]]
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.''.
[[Page S4161]]
(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.''.
[[Page S4162]]
(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
[[Page S4163]]
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
[[Page S4164]]
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
[[Page S4165]]
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.--
[[Page S4166]]
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
[[Page S4167]]
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
[[Page S4168]]
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.
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) No allocation adjustment may take place under any of
clauses (i) through (iv) of subparagraph (B) to make
additional 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
[[Page S4169]]
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.
[[Page S4170]]
``(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;
[[Page S4171]]
(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
[[Page S4172]]
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:
[[Page S4173]]
``(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 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 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 who 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
[[Page S4174]]
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--
[[Page S4175]]
``(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
[[Page S4176]]
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--
[[Page S4177]]
``(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
[[Page S4178]]
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) in subparagraph (B), by striking the period at the end
and inserting ``for each of the nationalities identified
under clause (iii) of section 101(a)(15)(E) and for all visas
issued pursuant to 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
[[Page S4179]]
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 Visa Exchange Visitor Program Fee.--
``(1) In general.--In addition to the fees authorized under
subsection (a), the Secretary of State shall collect from
designated program sponsors, a $500 fee for 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.
``(2) Regulations and limitations.--The Secretary of
Homeland Security, in conjunction with the Secretary of
State, shall promulgate regulations ensuring that a fee
required by paragraph (1) is paid on behalf of all summer
work travel nonimmigrants under section 101(a)(15)(J) seeking
entry into the United States. A fee related to the hiring of
such a summer work travel nonimmigrant shall be paid by the
designated program sponsor and may not be charged to such
summer work travel nonimmigrant. There shall not be more than
1 fee collected per such summer work travel nonimmigrant.''.
SEC. 4408. J VISA ELIGIBILITY FOR SPEAKERS OF CERTAIN FOREIGN
LANGUAGES.
(a) In General.--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).
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
[[Page S4180]]
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--
[[Page S4181]]
(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.
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
[[Page S4182]]
``(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--
[[Page S4183]]
(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
[[Page S4184]]
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 income from a united states source.--
During a period of admission pursuant to paragraph (1), an
alien may not receive income from a United States source,
except for incidental expenses for meals, travel, lodging,
and other basic services.''.
SEC. 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.''.
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.
(5) With respect to the W Visa Program, to designate
shortage occupations in any zone 1 occupation, zone 2
occupation, or zone 3 occupation and publish such occupations
in the Federal Register.
(6) With respect to the W Visa Program, to conduct a survey
once every 3 months of the unemployment rate of zone 1
occupations, zone 2 occupations, or zone 3 occupations that
are construction occupations in each metropolitan statistical
area.
(7) To study and report to Congress on employment-based
immigrant and nonimmigrant visa programs in the United States
and to make annual recommendations to improve such programs.
[[Page S4185]]
(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.
[[Page S4186]]
``(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
[[Page S4187]]
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;
[[Page S4188]]
``(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--
[[Page S4189]]
``(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.
[[Page S4190]]
``(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
[[Page S4191]]
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--
[[Page S4192]]
``(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
[[Page S4193]]
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
[[Page S4194]]
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:
[[Page S4195]]
``(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'').
Amendment No. 1183
Mr. LEAHY. Mr. President, I call up my amendment No. 1183, which is
at the desk.
The PRESIDING OFFICER. The clerk will report the amendment.
The legislative clerk read as follows:
The Senator from Vermont [Mr. Leahy] proposes an amendment
numbered 1183.
Mr. LEAHY. Mr. President, I ask unanimous consent that further
reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To encourage and facilitate international participation in
the performing arts)
At the end of subtitle D of title IV, add the following:
[[Page S4196]]
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.''.
Mr. LEAHY. Mr. President, I note that amendment is on behalf of
Senator Hatch and myself.
Mr. REED. Mr. President, I ask through the Chair if the Senator from
Vermont would yield for the purpose of a unanimous consent request.
Mr. LEAHY. I will yield for that purpose.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Unanimous Consent Request--S. 953
Mr. REED. Mr. President, July 1 is less than 3 weeks away, and unless
Congress acts, the interest rate on need-based student loans will
double from 3.4 percent to 6.8 percent, making college more expensive
for more than 7 million students across the Nation. Therefore, I ask
unanimous consent that at a time to be determined by the majority
leader, following consultation with the Republican leader, the Senate
proceed to the immediate consideration of Calendar No. 74, S. 953, the
Student Loan Affordability Act; that the bill be read a third time, the
Senate proceed to vote on passage of the bill, and the motions to
reconsider be considered made and laid upon the table with no
intervening action or debate.
The PRESIDING OFFICER. Is there objection?
The Senator from Oklahoma.
Mr. COBURN. Mr. President, reserving the right to object, I
appreciate the intent of my colleague and that he wants to try to solve
this problem. As he knows, several of us have another proposal. What I
suggest is that we compromise on the President's proposal. It is a
combination, it is a hybrid, and the President is trying to address
this matter.
Rather than us having dueling unanimous consent requests and playing
the political game, I propose that we need to solve the problem. I
would be happy to work with the Senator to try to bring the President's
proposal to the Senate, which does fix this permanently. It fixes it
for all of the loans, not just 40 percent of the loans, and it gives
people certainty.
If my colleague hasn't yet seen the CBO's accounting today, it shows
that there are no savings in this; rather, there is a cost. No matter
whose program it is, there is a cost, and this is on accurate
accounting. This should give us all pause to try to fix this for the
long term.
I object to the Senator's unanimous consent but would offer a
unanimous consent for the President's proposal or work with my
colleague to try to get us to a point where we can solve this problem
for those who are in the student loan program.
The PRESIDING OFFICER. The objection is heard.
Mr. REED. Mr. President, I certainly respect my colleague's words
about working together. I think we have to work together. I also
respect the fact that he has made a proposal and the President has made
a proposal. In my mind, both proposals fall very short on several
issues. First, they use a baseline rate of the 10-year T-bill, which we
have not generally used before for setting student loan interest rates.
There is no cap on either proposal. One of the advantages the
President's proposal has, I will admit, is income-based repayment. So I
have serious reservations about both proposals.
I think the issue that faces us now is when we talk about trying to
create a long-term solution, it is not just about structuring interest
rates, it is also about refinancing loans that exist today and those
that may come due in the future. Student loan debt is one of the
greatest hindrances to young people today and ultimately to our economy
in terms of buying homes and doing the things we expect college
graduates could do before they turn 30--things that are going to be put
on hold because they are paying off huge debts.
The other thing we have to do is look at the structure of costs for
colleges and the extraordinary growth in college costs.
So rather than simply saying we fix the problem by going to a higher
market rate, which, by the way, will cost all borrowers, particularly
low- and middle-income borrowers, significantly more money--that is not
fixing the problem. In many cases, it is creating a new set of
problems. It will saddle present students with higher interest payments
and higher loans. In the long run, it will not deal with this crushing
debt that already exists for those people who have been borrowing.
I recognize that we have to work together. My concern is one of
calendar. We have less than 3 weeks. There is no doubt that we are
going to be on the floor with this very important historic immigration
bill for all of those 3 weeks. I don't think we will have the time to
fashion a balanced approach for all of these different issues, bring it
to the floor, and have the kind of vigorous debate that is very
important.
So I clearly recognize that we need long-term solutions, but what we
don't need to do is double interest rates on students. It is going to
immediately impact families across this Nation.
Again, the Senator has been very forthright but also thoughtful in
terms of making a proposal. We disagree, but he has come to the floor
with a long-term solution. I believe we have to work toward a long-term
solution. My sense is that it will not be done in 3 weeks. It cannot
possibly even get to the floor. Even if we came to a meeting of the
minds, there is always a possibility that one or two of our colleagues
will say: I have a different approach, and therefore we won't have the
procedural means to reach the floor.
So I am actually asking simply to let us have the time to work
thoughtfully on a bipartisan basis to craft not a solution to a rate
issue but a comprehensive approach to the issues that burden every
family in this country, which include, how do I afford college? What do
the colleges do to make it more affordable? What do we do to make loans
be more consistent with market rates but with protections for
borrowers?
On a final point, I was in law school and had the benefit of Federal
assistance. In 1981 market-based rates under the Republican proposal
would have reached about 17 percent. With the cost of college now, I
cannot imagine borrowing that kind of money at a 17-percent fixed-
interest rate. Students would be financially flattened before they got
their degree.
Again, I appreciate the objection. The objection has been made, and I
thank the Presiding Officer.
Mr. LEAHY. Mr. President, I believe I still have the floor.
Mr. COBURN. Mr. President, I ask if the Senator would mind yielding
to me before I go to my next meeting. I will only take 3 or 4 minutes.
Mr. LEAHY. Mr. President, I will yield to the Senator for that
purpose without losing my right to the floor.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from Oklahoma.
Mr. COBURN. We are going to borrow $1.6 trillion over the next 10
years to fund student loans. The differential between what that costs
the Treasury
[[Page S4197]]
and what somebody pays--we are going to have subsidies in this no
matter what. The question is, How much are the subsidies? We are
talking about subsidized student loans, but all of these end up with a
cap of 8.25 percent when the student loans are consolidated, which all
of them are. We can have an income-based repayment plan, but there is
still a cap when a student ultimately gets through school.
The whole purpose behind this is to get some long-term plan so we can
control the cost. If, in fact, we have 3.4 percent and the rates go to
that, that means the average American taxpayer is subsidizing at 14
percent of that cost.
I agree with the Senator that we, in fact, need to fix the cost
drivers in a collegiate education, but one of the cost drivers is us.
Senator Alexander and Senator Harkin have major bills on both of those.
I agree that we are not going to get that debate done. I do think we
can come to a compromise between what we have proposed and what the
President proposed and what the Senator from Rhode Island is proposing
that will solve the long-term problem. A 2-year extension doesn't do us
any good, and it only does 40 percent. The cost the Senator outlined is
a subscription to Netflix at $14 a month. That is the cost differential
between my colleague's bill and what we are proposing. Somewhere in
between there has to be a compromise.
My colleague from Rhode Island has my commitment that I will work
with him to do that. If we--myself, Senator Alexander, Senator Burr,
the Senator from Rhode Island, and those on the Democratic side--can
forge something out in the next 3 weeks, we are more than happy to do
it.
I yield the floor, and I thank the Senator from Vermont.
The PRESIDING OFFICER. The Senator from Rhode Island.
Mr. REED. Mr. President, I appreciate the comments from the Senator
from Oklahoma. As far as the legislation that has been passed by the
House Republicans, we know that for the 4 years of borrowing at the
maximum loan amounts, for students entering college in 2018 and 2019,
it would be $5,650 more. Whatever subsidy we are giving, those families
are going to see $5,650 more in costs to their student loans. I am told
the Senate Republican version would increase costs, versus current
rates, by $6,700.
So talking about the subsidies we are giving and not giving disguises
the fact that if we don't act by July 1, we are going to see students
over the next several years increasing their debt, not decreasing it
and not even holding it constant.
The other remarkable thing is that we score things based on budget
CBO scoring. I am also informed that based upon the cost of borrowing,
the Federal Government and their lending--they are making billions of
dollars a year now on student loans. It is a profit center for the
Federal Government. And, indeed, in looking at the 10-year projections
for the bill that I believe was submitted by my Republican colleagues,
there is a projected $15.6 billion in additional savings or income to
the Federal Government.
We are in this irony where students are now going to be contributing
billions of dollars to deficit reduction, weapons platforms, and other
programs, but the reality they are going to see is that this mountain
of debt they have today is much higher. Too many of them will not be
able to climb it, and too many others won't even begin the trip. It
will result in an economy that is underperforming and potential
students who don't go to college, and therefore their income will be a
fraction of what it would be, and in the long run our economy will
suffer grievously. Again, these are extraordinarily complicated,
challenging, interrelated, and difficult issues.
I would like to believe we could get this done in 3 weeks. With the
100 Senators who are with us, the possibility of getting anything done
in 3 weeks is virtually nil.
I thank the chairman from Vermont, and I yield the floor.
The PRESIDING OFFICER. The Senator from Vermont.
Mr. LEAHY. Mr. President, on amendment No. 1183, I ask unanimous
consent that the distinguished senior Senator from Utah, Mr. Hatch, be
a cosponsor.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. LEAHY. Mr. President, I will speak on this amendment at greater
length just before the vote. It makes a small but important improvement
in the processing of visas that are required by foreign performing
artists before performing in American orchestras and other arts
organizations. It has to be processed in a timely way.
We have had instances where orchestras, for example, in this country
have had the privilege of having a visiting artist, maybe the best in
their field--violinist, pianist, or whatever else--but the process of
getting a visa is slowed up. Yet they plan performances on a certain
date. This measure was included in the comprehensive immigration bills
of 2006 and 2007 but not enacted. This would not give an automatic visa
to these artists but simply says their application, instead of being in
the bottom of the pile, would be considered in a timely fashion.
On another matter, as we get into this debate, I have defended the
First Amendment, American's right to speak. I have done it even when
people have said things about me that I wish they didn't. But I also
have a right as a Senator to comment on such speech. I saw a couple of
paid political advertisements today in Politico, one that personally
attacks Senator Rubio and the other directly attacks the Senators who
drafted the legislative proposal before us, four Republicans and four
Democrats. The attacks are so far off the mark. They have a right to
make the attacks, and certainly the publication has the right to print
them. I would suggest that something this far out of line, this
completely unfair type of attack, doesn't do anything to help the
public debate we are having.
We had a debate with the 18 members of the Senate Judiciary Committee
and had before us some 300 amendments, passed 141, including second-
degree amendments, and we did it in a respectful way. Both Republican
and Democratic amendments came up. In some areas we had major
disagreements among the members, but we did it respectfully and did not
impugn the motives of people on either side. I would say this kind of
personal insult, this level of discourse, is not conducive to real
debate. It helps neither side. It helps neither side.
I don't think this is a time for name-calling. Let's work together.
We know the immigration system we now have in this country is not
adequate for the needs of the country or the people in this country. So
let's stop the name calling. Let's stop the false accusations. I say
this in defense of Senator Rubio, as well as all members of the Gang of
8, the four Republicans and four Democrats named in these ads. Let's
work together to have a better debate.
Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
The PRESIDING OFFICER. The Senator from Iowa.
Mr. GRASSLEY. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendment No. 1195
Mr. GRASSLEY. Mr. President, I ask unanimous consent that the pending
amendment be set aside to call up amendment No. 1195.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Iowa [Mr. Grassley], for himself, and Mr.
Blunt, proposes an amendment numbered 1195.
Mr. GRASSLEY. I ask unanimous consent that the reading of the
amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To prohibit the granting of registered provisional immigrant
status until the Secretary has maintained effective control of the
borders for 6 months)
On page 855, strike line 24 and all that follows through
page 856, line 9, and insert the following:
(1) Processing of applications for registered provisional
immigrant status.--Not earlier than the date upon which the
Secretary has submitted to Congress a certification that the
Secretary has maintained effective control of the Southern
border for a period of not less 6 months, the Secretary
[[Page S4198]]
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.
Mr. GRASSLEY. Mr. President, this amendment is the first of many that
will improve the bill and do what the American people expect us to do.
The American people are being asked to accept a legalization program
and, in exchange for that--and that is a very compassionate approach--
we would be assured and the American people would be assured that the
laws were going to be enforced. But as we read the details of the bill,
it is clear the approach taken is to legalize first and enforce later.
My amendment would fundamentally change that. The amendment now
pending would require the Secretary to certify to Congress that the
Secretary has maintained effective control over the entire southern
border for 6 months before proceeding and processing applications for
registered provisional immigration status. It is a commonsense
approach: Border security first. Legalize second.
To summarize, the bill requires the Secretary of Homeland Security,
within 6 months that a bill is signed into law, to submit a
``comprehensive southern border security strategy'' as well as another
plan called the ``southern border fencing strategy.''
After those so-called plans are submitted to Congress, the Secretary
can start processing applications to legalize the 12 million people who
are in the United States. The result is that those who are undocumented
would become legal after a mere plan is submitted--not even considering
if the plan will work.
There are two major flaws. The first is, Why do we need legislation
to have the Secretary submit a border security strategy? Isn't that
already the Secretary's responsibility? Do we really need to pass a law
to tell her to do her job? We shouldn't have to.
This is a reminder of what comes up in my town meetings in the State
of Iowa. I have had 73 of those in the 99 counties already. When I
start, somebody will ask me about immigration. So I try to give them an
update on where we are on the immigration legislation and what I
believe about it. But invariably, without a doubt, somebody, before I
start to explain, says, We don't need any more legislation. All we have
to do is enforce what is already on the books and we wouldn't have a
problem. So that gets kind of back to the point: Why do we need more
plans? Isn't it the Secretary's responsibility already to enforce the
law?
Second, the bill would start legalization even if the Secretary's
strategies are flawed and inadequate. What if this Secretary isn't
committed to fencing? What if this Secretary believes the border is
more secure than ever? Well, in fact, Secretary Napolitano told the
committee she thought our borders were secure. That ought to concern
all of us, and for sure we couldn't sell that proposition to some of
the people who come to my town meetings in Iowa.
RPI status is more than probation. RPI status is legalization. Once a
person gets RPI, they get the freedom to live in the United States.
They can travel, work, and benefit from everything our country offers.
RPI status is de facto permanent legalization. We all know it will
never be taken away. Given the history of these types of programs, we
know it will never end.
My amendment improves the trigger and fulfills the wishes of the
American people: Secure the borders. My amendment ensures the border is
secured before one person gets legal status under this act.
If we pass the bill as is, there will be no pressure on this
administration or any future administration to secure the borders.
There will be no push by the legalization advocates to get that job
done. We need to work together to secure the border first, including
Members of Congress, members of the administration, business leaders,
union leaders, and advocates for all kinds of immigration people. We
need to be in the same boat to push for secure borders. But if we have
legalization before we know the border is secure, then we break up and
balkanize the advocates for immigration reform and the promise that
goes with it of border security. So we need to secure the border for
several reasons so we are not back in the same position 20 years from
now. We need to protect U.S. sovereignty. We need to protect homeland
security and improve national security.
There are a variety of threats to our border. There are potential
terrorists and transnational criminals. Foreign nationals use the
porous border to import threatening goods such as weapons of mass
destruction, illegal drugs, contraband, counterfeit products, and other
products meant to harm Americans or hurt our economy.
Under my amendment the Secretary would have to prove that we have
``effective control''--and I have not changed that definition of
``effective control;'' it is as defined in the bill--and to do it for
at least 6 months before applications for RPI status are processed.
I agree with at least one of the authors of this bill. If this border
security title is not improved, this bill does not stand a chance of
making it all the way to the President of the United States.
My amendment is this very necessary first step of fixing this issue.
People do not trust the government will get this right or that this
administration is dedicated to securing the border. We do not need a
new bill to do that. All we need to do is prove to the American people
that we are sincere and we will secure the border. That is what is
promised by the authors. I do not doubt their good intentions. But when
you have a plan submitted, and that is the basis for legalization, it
seems to me we ought to have proof that the border is secure. So let's
wait until the border is secure and then legalize.
I thank the chairman for the courtesy of offering this first
amendment. Also, the chairman was not here when I spoke yesterday, but
I said that he promised an open and transparent process in committee,
and we had that transparent, open process, and I thank the chairman for
doing that and seeing that it was done. I hope that process can
continue on the floor.
I yield the floor.
The PRESIDING OFFICER (Ms. Warren). The Senator from Vermont.
Mr. LEAHY. Madam President, I appreciate the words of my friend of
decades, the Senator from Iowa. He and I worked very closely to have an
open and transparent process. Whether we agreed or disagreed on an
issue, we tried to move it on. After all, it worked better that way
because of the 18 members of the committee, we were the two who had to
spend the most time during it.
Mr. GRASSLEY. All the time.
Mr. LEAHY. All the time. I appreciate working with him. We were able
to pretty well decide when matters would come up and make sure that
both Republicans and Democrats had a chance to bring up all their
amendments, and we adopted 136 or so amendments, including second-
degree amendments, and all but one or two of them were bipartisan
votes. I appreciate what he said and I enjoyed working with him on
that.
I will have more to say at another time about his amendment. But I
just note for the past several days Senators have been discussing the
immigration bill, and I am glad the Senate has now turned to actually
consider it. We have had a lot of talk about getting to it, including,
of course, the time spent in the Judiciary Committee.
I intend to file a handful of amendments to the bill today, and I
would encourage others to do the same so we can get to work without
further delay.
The bipartisan immigration bill is a measure the Senate should come
together on to pass. We should send to the House the best bill we can,
and I think the large majority of Senators want to do that.
We should do what is right, what is fair, and what is just. The House
has to consider comprehensive immigration reform legislation without
any further delay.
This year one of the most important bills we enacted into law was the
Violence Against Women Reauthorization Act. From the outset I worked
with my Republican colleague Senator Crapo to develop that legislation
in a bipartisan way. We called in Senators from both sides of the
aisle. We had cosponsors from both parties. We took suggestions and
amendments from both Democrats and Republicans. Then we built a
majority of Senators in support.
I worked very hard to keep that as a bipartisan issue when, frankly,
we had
[[Page S4199]]
some on both sides of the aisle who wanted to make it a partisan issue.
Last year we were able to have our bill considered. It passed the
Senate with 68 votes--obviously, a bipartisan majority.
Parenthetically, I would note that yesterday we passed the farm bill
with fewer votes than that, but the New York Times described that farm
bill, and rightly so, as having ``overwhelming bipartisan support.''
In fact, last fall, when the House of Representatives would not take
up our VAWA legislation--the violence against women legislation--we
redoubled our efforts during the lameduck session. We had many meetings
in my office between Republicans and Democrats to find where we could
go. We then reintroduced our bill with some modifications at the
beginning of this year.
I sought to make it our first legislative priority of the new
Congress. With the strong support and leadership of the majority leader
Senator Reid, the Senate turned to it, we considered it, and we passed
it as one of our very first legislative matters in February. We
actually passed it with an even stronger bipartisan majority this year
than last, although many of those who now oppose immigration reform
continued voting against reauthorizing the Violence Against Women Act.
But we passed a strong, principled, bipartisan bill.
I had people urge me to abandon my efforts in the Violence Against
Women Act to protect all victims. I was glad to see they were proven
wrong. I was told repeatedly that the House of Representatives would
never consider, let alone pass, our bill that provided fairness for gay
and lesbian victims and that we would never be able to provide
meaningful protections for Native American women being brutalized by
non-Indians on reservations.
But I said from my own experience early as a prosecutor and since as
chairman of the Judiciary Committee: A victim is a victim is a victim.
When I would go to crime scenes, I never heard a police officer, who
would see a victim of violence against women, say: Wait a minute.
Before we can get involved, is this victim gay or straight? Is this
victim Native American? They said a victim is a victim is a victim, and
let us see what we can do to protect not only this person but others.
In spite of all the dire predictions and political naysayers, our
bipartisan group of Senators stuck to our principles. The Senate stood
firm. We did the right thing.
What happened then? How were we able to enact this bill into law?
The American people spoke up. They supported our bill. They demanded
action. There were some Republican Members of the House, such as Tom
Cole of Oklahoma, who knew the right thing to do and were willing to
say they wanted to do it. Then more and more House Republicans came
around to our view.
The House, to its credit, changed its stance and considered our bill.
They passed it with no changes whatsoever--exactly as it came out of
the Senate--and it is now law.
I was proud to stand with President Obama on March 7 in an emotional
ceremony in which he thanked legislators from both sides of the aisle
for protecting all victims of domestic violence and human trafficking.
Relevant to the pending immigration bill, there was one piece of the
original Leahy-Crapo VAWA bill that was requested by law enforcement to
help immigrant victims of violence. We sought to increase U visas for
abused immigrant women so they could be protected and help law
enforcement go after their abusers.
So often immigrant women are afraid to go and report their abusers
because they think they themselves may be deported. In fact, we have
had evidence and testimony that people are being abused. If they are
immigrants, they are told: If you report what I am doing to you, I will
get you deported.
That provision had a technical budget affect that last year the House
used as an excuse not to consider our bill.
I promised at the beginning of this year that I would continue
fighting to enact that measure. We would take it out of the VAWA bill
to avoid the technicality of having it blocked by the House, but I
never forgot that. I never forgot my promise to those immigrant women.
I am happy to report that these important U visas are now part of
comprehensive immigration reform legislation before us.
I tell this history because some have argued the Senate immigration
reform bill has to be undermined from what we brought out of committee.
We have to do that to conform to demands intended to appease some in
the House Republican majority. I disagree. I disagree. Just as we did
not back off on VAWA, I say: Do not do it now. Let's consider not a
partisan reason, but let's consider America. The Senate should pass the
best bill for the economy, for our families, and for our Nation. We
should do what we think is right.
The House of Representatives is clearly in a different place than
those who support the Senate bill. Just last Thursday House Republicans
voted to end President Obama's administrative program to help DREAMers,
the Deferred Action for Childhood Arrivals Program, until such time as
we can pass the DREAM Act.
The DREAM Act is in our Senate immigration reform bill. It recognizes
that young people here without fault of their own, who are in school or
in the military, and in good standing should not be deported because
they are undocumented. They are Americans. They should be part of this
Nation's future.
Senator Durbin--I am so proud of him for this--has been right to
fight for them, as he has for years. He is a national voice for those
who want the DREAM Act to pass. Senator Durbin has insisted on the
DREAM Act being included in our legislation, and President Obama was
right today to highlight the achievements and contributions these young
people make to our country and will continue to make if the bill
becomes law.
Should we now abandon them? Should we say let's just strike those
measures from the Senate bill because Representative King of Iowa and
other House Republicans do not like them? Of course not. The Senate is
a separate body--100 people to represent over 300 million Americans--
and we should be the conscience of our Nation. That means the Senate
should do what is right if we are to reflect the conscience of the
Nation.
I am inspired by the young DREAMers I have met over the last several
years and by the courageous testimony of Juan Antonio Vargas and Gaby
Pacheco during our hearings this year.
Our bill should include the DREAM Act, just as we should protect and
include the fair but tough pathway to citizenship included in the bill
reported by the Senate Judiciary Committee.
These provisions are the core of our bill. Let's not start
negotiating against ourselves. Let's not start backing off what we came
together to pass. The vote by the Republicans in the House of
Representatives to prevent DREAMers from being able to stay in the
United States is not the example that the Senate should follow,
especially if we really want to be the conscience of the Nation.
A few days ago the New York Times had a lead editorial that
accurately describes where we are. It cautions against making bad
modifications to the bill. It urges bipartisanship and courage and that
we stand up to bad politics and bad policy. I hope the Senate will heed
this call.
I ask unanimous consent that a copy of this past Sunday's editorial
be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
[From the New York Times, June 8, 2013]
Immigration Headwinds
(By the Editorial Board)
The bipartisan immigration bill that passed the Senate
Judiciary Committee last month is now being sent to meet its
fate on the Senate floor. While its chances of passage there
look promising, there remains much uncertainty about how
much--and how badly--the bill will be changed in the coming
three weeks of debate.
The bill is imperfect as it is, adding too many layers of
border enforcement and too many obstacles on its overlong
path to citizenship. But at least it has a path, one that
gives 11 million people a reasonable chance to get on the
right side of the law. Democratic leaders and the bipartisan
coalition that brought the bill this far need to stand firm
to protect its carefully drawn compromises and to ensure that
its irreplaceable core--the citizenship path--survives.
We know how opponents view the bill--as an irredeemable
``amnesty'' measure--and
[[Page S4200]]
some of the ways they will try to kill it. Senator Jeff
Sessions, a Republican of Alabama, began the barrage early,
with a long floor speech on Friday full of dire warnings and
outright falsehoods. For instance, he accused the Obama
administration of failing to enforce existing immigration
laws, saying that ``virtually no one is being deported,''
which would no doubt surprise a million-and-a-half deportees.
He complained that the bill didn't do enough at the border,
even though it lavishes billions of dollars on border drones
and troops on top of decades' worth of existing
militarization. As The Times reported on Friday, defense
contractors are slavering over immigration reform as the best
thing for their bottom lines since Iraq.
Mr. Sessions may be outnumbered, but he does have allies.
Senator John Cornyn of Texas last week proposed a toxic
amendment that would have required drastic and unachievable
new border-security benchmarks to be met before a single
person could be legalized. That would essentially kill
reform, which, to be successful, depends on bringing millions
of people into the legal immigration system, not on shutting
them out from it indefinitely. Mr. Cornyn's strategy is one
way to make the bill fail; there are many others.
One issue in dispute is the earned-income tax credit, one
of the most effective means to lift people out of poverty and
a perennial target for Republicans. Some Republicans are
insisting that people legalized under the bill should not
qualify for the credit. That would severely strain the
fragile finances of many immigrants who are going to have to
pay $2,000 each in penalties to get green cards and
citizenship. Preserving the credit for all legal immigrants
is crucial for fairness and keeping families out of
destitution.
As the Senate debates these and other points in this
crucial-but-vulnerable bill, we can only hope that
bipartisanship and courage will prevail and that opponents
and skeptics finally recognize the cost of failure.
Many Republicans still don't see the political recklessness
of killing reform that most Americans support. If the
Republican Party doesn't care about destroying its viability
with a generation of Hispanic voters, why should anyone else?
But there is also the danger that the bill's supporters,
desperate to pass something, will be too willing to yield to
the die-hard obstructionists and accept compromises that warp
the bill beyond recognition or usefulness.
The perils in the House are already evident, even if a
solid bill is approved in the Senate. The House has its own
bipartisan group working on a bill, but it has immigration
dead-enders, too. One of them, Representative Steve King of
Iowa, recently offered a spiteful amendment to a homeland
security financing bill that would effectively kill the Obama
administration's program that halts deportations of blameless
young immigrants known as Dreamers. The amendment passed,
sending an unsettling message about the depth of House
Republican resistance to reform.
The House battle will be fought later this summer. This
month, the reform leaders in the Senate will have to stand up
against bad politics and bad policy for a bill that could
change this country.
Mr. LEAHY. Madam President, over the past weekend, I was happy to
hear from my neighboring State of New Hampshire that Senator Ayotte
pledged her support to this bipartisan legislation. I know how much I
appreciated working with her and Senator Shaheen earlier this year to
get the Leahy-Crapo Violence Against Women Act reauthorized. Senator
Ayotte, of course, was an important leader in her caucus on that
bipartisan bill. I hope and expect she will be on the bipartisan
immigration bill as well, especially since it also contains several
protections for victims of domestic violence and human trafficking.
Just this morning the President of the United States spoke to all of
us in this country, to all of America, about the need for Congress to
pass comprehensive immigration reform. He called our commonsense
bipartisan bill the best chance we have had in years to fix the broken
immigration system. He urged us to do the right thing and do it now. He
was joined by a cross-section of distinguished Americans, Democrats and
Republicans alike, from DREAMers to former President Bush
administration officials to business leaders and law enforcement
representatives and clergy and laymen. It was interesting to see the
coalition that oftentimes will not stand together on an issue or be
opposed to each other standing together in unity on this issue.
I know I am meeting later this week with the President along with a
bipartisan group of Senators so we can work together to pass
comprehensive immigration reform. I would encourage him to keep on
speaking about this because there are Senators in both parties who want
real immigration reform.
Because it is an important economic issue, it is also a civil rights
issue. It is an issue of fundamental fairness. It speaks to where we
are as a nation. The other day when I was speaking about this bill, and
they referenced the fact that--something I never expected when I came
to the Senate--I have become the President pro tempore of the Senate.
It means I have been here a long time.
The distinguished Presiding Officer that day, the Acting President
pro tempore, a colleague of ours, she herself is an immigrant. She came
to this country with her mother. She has explained that they had all of
their possessions in one suitcase. Her mother was fleeing an abusive
spouse and came to this country. Now that mother's daughter is a
Senator.
I think of my wife. She was born in this country, but her parents
came here from Canada speaking a different language and became very
successful in their careers, helped employ a lot of people in our State
of Vermont. My maternal grandparents came from Italy not speaking the
language, had a business, employed a lot of people, became a very
important part of our country. Their children, one became the highest
decorated pilot in World War II, other distinguished careers, one, of
course, I am closest to is my mother.
I remember her pride and my father's pride when they saw their son,
one generation removed, become a Senator. Well, there is going to be
success stories all over this country if we stand for true immigration
reform, if we make it possible for people of different backgrounds and
different races, different cultures to come here and make this country
a better country. They speak of us as being the melting pot but the
melting pot that brings about a wonderful combination. We see that in a
nation--not a nation of such unity of thought and religion and politics
and appearance that becomes bland and not vibrant. Instead, we are a
country of different cultures and languages and backgrounds, and we all
become Americans. The sum of the whole is greater than the parts. We
are a better country for it.
So if we stand together, if we stay true to our values and
agreements, I believe we can pass legislation that will be a continuing
renewal of our spirit, our creativity, our vitality as a nation, which
upholds our great traditions and compassion in humanity as a welcoming
nation. That is what I believe the Senate should do, what I believe our
ancestors should have done, I believe generations before us that made
this a great country should have done, and I believe we will be a
better country if we will because of the people who have become
citizens in this country.
I look forward to the day when we come together, we 100 Senators come
together and pass a bill that reflects the conscience of our Nation,
the conscience of the Senate, a bill that will make us all proud and
America proud.
I yield the floor.
The PRESIDING OFFICER. The Senator from New Jersey.
Mr. MENENDEZ. Madam President, let me first recognize the incredible
work of the distinguished chairman of the Judiciary Committee who
worked through a very open, transparent, fair process that led to 130-
some-odd amendments being considered and voted upon, in many cases
adopted, and almost all of them adopted, from what I understand, many
of them bipartisan.
I think even those who oppose immigration reform acknowledge the
chairman's evenhandedness and his willingness to have an open and free
debate. That got us to where we are today. So he has my appreciation
and my admiration for the way in which he conducted that process that
brings us to today.
As a member of the Senate bipartisan Gang of 8, I believe we come to
this floor if not in complete harmony, at least on the same sheet of
music with a very solid legislative process. Let me take this
opportunity to thank our staffs who have worked extraordinarily hard to
put all of the pieces of this bill together and make this day possible.
You know, Senator Schumer calls Leon Fresco his genius. I like to
think of my counsel, Kerri Talbot, as the conscience of the Gang of 8.
I want to thank Kerri for her dedication, for always believing that if
we put our heads in the yoke and pull hard enough we could pull our
plow all of the way to a workable compromise, and we have.
[[Page S4201]]
I want to thank all of those other staffers who put in so many hours
and who will no doubt put in many more until this bill is passed and
put on the President's desk.
This bill before us is the essence of compromise. During this long
process, no one in the Gang of 8 got everything they wanted. But
everyone got a workable bill worthy of support. That is the very
definition in my mind of compromise. We did what we were elected to do.
That is democracy in action. We may not all agree all the time, but all
of us were elected to govern, and the hard work of compromise is the
only way to get things done in a democracy.
We all bring certain core principles to our job. Those are the things
we should not compromise. But there is a difference between
compromising your principles and compromising on issues. It is not
about holding out for political or ideological gain but letting your
core principles guide you to a compromise that benefits the Nation. We
were all elected. It is up to all of us to govern together.
So I urge my colleagues to stand with us on this comprehensive reform
package that is so critical to the national security of the United
States, to the national economy of the United States, and to preserve
our values as a nation of immigrants. Let's come together as we have in
the Gang of 8 and give every American what they have been asking for,
which is a way to fix our broken immigration system.
Now, we need to know who is here to pursue the American dream versus
who is here to do it harm. That is what immigration reform will do. It
will bring people out of the shadows, into the light, and they will
have to register with the government, go through a criminal background
check, pay taxes, learn English, and go to the back of the line after
all of those who are waiting under the existing system so that they
would be processed first. So they are not going to break into the line
and get to the top of the line.
It is not only in the national security interests of the United
States, it is in the economic interests of the United States to harness
the economic power of millions of new Americans. Let's be honest with
ourselves about who these new Americans are. If you had fruit for
breakfast this morning, it was probably picked in the hot Sun by an
immigrant worker with a bent back and sunburned skin.
If you had chicken for dinner last night, it was probably plucked by
the calloused, cut-up hands of an immigrant worker. If you have someone
in your family who is infirm and needs constant care, chances are, it
is an immigrant worker who works the third shift to attend to their
needs with a warm heart and steady hand.
If you are wondering who is spurring American innovation, chances are
it is an immigrant high-tech, startup entrepreneur who, according to
the National Venture Capital Association, has started 25 percent of
public U.S. companies backed by venture capital investors. In fact, as
of 2010 nearly one-fifth, 18 percent, of all Fortune 500 companies had
at least one founder who was an immigrant. That is who the new
Americans are. You know it, I know it. Immigrant workers have been
there every day working hard, providing services, an integral part of
our economy in tourism and farming and the restaurant industry, in
small businesses and high-tech startups. The simple fact is immigration
reform is good for our economy.
We want to be sure every American who wants to work hard at any job
has the opportunity in America to do it first. We also do not want to
exploit an underclass in America that would suppress all wages of
workers in the economy. And if, in fact, you have an underclass of
undocumented individuals who can be exploited, and very often are very
much exploited, you create a system in which you suppress the wages of
all workers. Eliminating that is an opportunity to ensure that wages
rise.
The fact is that immigration reform will increase tax revenue. As we
can see from this chart, as a direct result of this legislation, we
will increase tax revenues over 10 years by $109 billion. That is $69
billion in Federal revenue and $40 billion in badly needed increases in
revenue to the States.
Our second chart shows cumulative economic gains over 10 years after
passage of this legislation. Look at these numbers. Just look at them.
Fixing the broken immigration system would increase America's GDP, its
gross domestic product, by $832 billion over the next 10 years.
It will increase wages of all Americans by $470 billion over 10
years, and it will increase the number of jobs created in America by
121,000 per year. Immigrants will start small businesses, and they will
create jobs for all American workers. In fact, small businesses owned
by immigrants employed an estimated 4.7 million people in 2007 and
created more than $776 billion in revenue annually.
I ask my colleagues, knowing we have a broken immigration system,
knowing millions of families are in the shadows, knowing we have to
address this problem now, can we, in good conscience, afford not to
pass a bill that would increase GDP over 10 years by $832 billion?
Really, can we? Can we afford not to pass a bill that will increase
wages of all Americans by $470 billion? Can we afford not to pass a
bill that will create 121,000 jobs every year for the next 10 years,
1.2 million more jobs in the next decade, because we had the wisdom and
the will to act?
Immigrants have been a silent force on this economy, working in the
shadows. It is time to bring them into the light. It is time to harness
that economic power. They are working hard providing services, working
in every industry at every level, even sacrificing their lives to serve
in our military.
In wave after wave, season after season, immigrants have been the
backbone of the agricultural industry, willing to work the fields and
pull the crops that feed our families. That work is being done by
immigrant workers, and God bless them for their willingness to do it.
God bless men such as LCpl Jose Gutierrez, who was not even a citizen
of the United States when he became the first American soldier to die
in Iraq. He wore the uniform of this Nation. He was willing to do
battle for this Nation. He died on behalf of the country. He was not,
although he aspired to be, even a citizen of the United States.
Let's send a message to every American to stand with us on
immigration reform in memory of LCpl Jose Gutierrez and every soldier
like him. Let's send a message that no longer will immigrant families
be separated from loved ones. No longer will U.S. citizens and lawful
permanent residents be caught up in immigration raids and detained
unlawfully in violation of their constitutional rights simply because
of the way they look, the way they speak, or the color of their skin.
We have many cases of U.S. citizens and legal permanent residents who
have been unlawfully detained in immigration raids until their
citizenship was established or their permanent residency was
established. Who among us in this Chamber would be willing to be a
second-class citizen in this country? I don't know about others, but
right now I have nothing in my possession that says I am a U.S.
citizen. I am not carrying my passport. I was born in the United
States, but I don't carry my birth certificate. I certainly don't
expect to be stopped because, as some said in this Chamber in 2007, I
am one of those people--one of those people--that I am different, that
I am somehow not American.
We know the history of this Nation. History has taught us when there
is a story of one group of people becoming a suspect class, when one
group of people is blamed for all the ills of the Nation, that story
always has a sad ending. We cannot let that happen again in the
greatest country on the face of the Earth.
As the son of Cuban-American immigrants growing up in Union City, I
understand too many families have waited too long for commonsense
immigration reform, too long to have the chance to raise their hands,
take the oath, and say they ``will support and defend the Constitution
and laws of the United States of America against all enemies, foreign
and domestic,'' and ``bear true faith and allegiance to the same.''
Too many have waited too long to say those words that will change
their lives. They changed my mother's life and, in turn, changed mine,
giving me the chance to stand here today, one of 100 U.S. Senators, one
of eight who has spent months negotiating a very tough
[[Page S4202]]
but fair proposal to fix our broken immigration system.
I know what is at stake. We know what is at stake. We have lived it,
and we see it every day. I believe we can finally say today there is
some light at the end of the long dark tunnel that has been before us.
This bill represents a lot of hard work. It is the essence of
compromise. We have come a long way in the Gang of 8, but there is
still a long way to go.
Are there legitimate amendments that can improve this bill? Of
course. Are there still those who would amend this bill solely to
undermine immigration reform? Absolutely. They may cloak their words in
suggesting they want to see reform, but the reality is they are dead
set against it. Are there those who still decry this as amnesty? We
hear it every day. We have already heard it in this debate. Some of
these roles are being reprised from 2007. Every day they are still
wrong and could not be more wrong.
Amnesty means you did something wrong and are forgiven without having
to make yourself right. This bill is certainly not amnesty. This bill
says you must make yourself right by registering with the government,
going through criminal background checks, and if you are a criminal, or
you are found to be a criminal under that background check, you will
get deported, as you should. It says you have to pay taxes, you have to
learn English, and you have to wait your turn and go to the back of the
line.
Are there those who think we have not done enough to control the
border? Yes, there are those voices, even though we have included $6.5
billion to increase technology and finish the job. We have already
started to secure our borders, even though the border provisions of
this bill were largely written by Senators representing border States.
They live it with every day. They had some of the biggest input in the
Gang of 8 to say this is what we feel we need to deal with border
security--so much so, on these provisions and with these dollars, that
the New York Times reported on Friday that defense contractors favor
immigration reform because of what we have included for border
security. The facts are clear. The truth is here for all to see.
Let me show you our next chart.
Since 1986, spending on border security has increased. As you can see
from this chart, immigration enforcement spending, adjusted to 2012
dollars, has dramatically increased over the last 26 years, over two
decades. Border spending has gone from $1.2 billion in 1986 to $6.2
billion in the year 2002, peaking in 2009 at $20 billion annually. We
are increasing it again in this legislation by over $6.5 billion. That
is more than four times as much as 2002 and more than 20 times as much
border spending as in 1986. No one can say we have neglected border
security in this bill.
Here is another chart to put it in a different context. Let's put
this in this context. When we look at spending, as you can see from
this chart, we now spend more on immigration enforcement than all other
criminal enforcement agencies combined--all of them combined.
In 2012 we spent almost $18 billion on Immigration and Customs
Enforcement, Customs and Border Patrol, and US-VISIT, $18 billion,
compared to about $14 billion, $4 billion less on all other principal
law enforcement agencies such as the FBI.
As I said, we are adding over $6.5 billion to the immigration and
enforcement side of the ledger in this bill. That will put us in the
position of spending twice as much on border security as we do on all
other law enforcement agencies in this country.
It is not only the money we spend but how we spend it.
The fact is border enforcement is at an all-time high. We are
enacting a strategy to have 100 percent surveillance and prevent at
least 90 percent of all illegal border crossings across the highest
risk areas of our southern border, but there are still those who say it
is not enough.
We are investing in new technologies to secure the borders. The
number of Border Patrol agents has doubled over the past 8 years, but
there are still those who say not enough.
Let's be clear, we are making significant additional investments in
border security and technology to make sure at least 90 percent of all
illegal border crossings are prevented. There are some who say: Oh, we
have to have 100 percent. I don't know anything the Federal Government
does 100 percent. Do we catch 100 percent of all the criminals? Do we
collect 100 percent of all taxes? Do we do 100 percent of anything? No.
Those who try to invoke that type of standard are simply trying to
undermine the pathway toward citizenship.
Let's be clear. We are making very significant strides and this is
very tough in all of the border provisions. I have only mentioned a
few. There are a lot more.
On the flip side, there are those who believe we have done all we can
on border security in this legislation but have not gone far enough in
other areas, that there are too many obstacles to citizenship and a 13-
year path is too long. A 13-year path--certainly not an easy road or
anything anyone could call amnesty--is a compromise I am willing to
accept so we can finally bring 11 million people out of the shadows and
give them a chance for better lives for themselves, their families, to
earn their way here in America to fulfill their hopes, dreams, and
aspirations, as well as our hopes, dreams, and aspirations as a
country.
The fact is, at the end of the day, when all of the political
posturing has subsided, we have an obligation to govern. We have met,
in this proposal, that obligation. We have come up with a good, solid,
bipartisan product. The time has come and the moment is here. The
opportunity is before us to make history, and I hope we don't miss that
opportunity.
Let me urge my colleagues, let's not begin this debate with toxic
amendments that would test the basic values and principles of those on
one side or the other, force us all to our respective corners, no lines
in the sand. Let's get the job done. We don't need amendments that
would establish manipulable border security benchmarks before we could
even bring one person out of the shadows. This is not finding a way to
govern, that is about killing the bill.
We do not need to retreat to lines drawn in the sand on every issue
covered by this legislation. We can either come together, both sides,
both parties, and govern, as the American people want to see us do, or
once again blow it up and do nothing.
I believe we have come too far and the demands of the American people
in poll after poll are rather clear: It is time to fix our broken
immigration system. Join us and make history.
Eleven million people live in the shadows of fear and hope they will
one day--if they do all the right things--have a chance, however
difficult it will be, to become American citizens. This bill would give
them that chance. Citizenship will not be easy, but the rules are
clear: It will take up to 13 years to complete after background checks,
fines, penalties, paying taxes, working, and learning English.
They want to reunite their families, and this bill will finally--
finally--do what we should have done long ago to keep families together
under a provision to allow immediate reunification of green card
holders with their spouses and minor children. How can we in good
conscience not support the reunification of families who have been
separated for far too long? For those who come to this floor and
proclaim their commitment to family values, this is the time to show
it.
This bill will clear the current backlog for those already waiting in
line--those who have been patient and waiting in line--and put the
additional 11 million at the back of that line. It is a long line
indeed. Let no one come to this floor and misrepresent this compromise
language as amnesty. It clearly isn't amnesty. This is not a free ride
but a pathway for undocumented individuals to earn; for those who have
been here contributing to America's economy while living in constant
fear of deportation, constant fear of exploitation, constant fear of
waking up in the morning and wondering if they will see their family at
night.
The bill provides a simple, fair opportunity for DREAMers. These are
young people who, through no fault of their own, came to America
because their parents brought them here. The only country they know is
that of the United States. The only flag they have ever pledged
allegiance to is the American flag. The only national anthem
[[Page S4203]]
they know is the ``Star-Spangled Banner.'' How can we not give them a
chance, when they were brought here by their families and they want to
belong to the only country they have ever known?
Madam President, this has been a hard road to compromise, with months
of hard work and hard negotiations. But the hard work of trying to
achieve comprehensive immigration reform has paid off with the support
of the broadest spectrum of groups and organizations I have seen in my
nearly 20 years between the House and the Senate. From the U.S. Chamber
of Commerce representing business in this country, to the AFL-CIO
representing labor; from agro-growers to farm workers, from high-tech
entrepreneurs to restaurant owners and every religious sector--the
evangelical community is strongly supportive of this, as are Christians
and Jews and everything in between. People on all sides of every issue
are finding common ground to say this is the right legislation for
America.
We have a chance to make history, but we cannot make history without
uniting behind a deep and abiding belief in the need to govern, the
need to fulfill our responsibilities to the people we represent. The
time has come. If we cannot come together on comprehensive immigration
reform at a time when the American people have clearly spoken, if we
cannot push back against the extremes that will always prevent us from
ever finding the center, if we choose only to obstruct and not solve,
destroy and not build, then we will have lost a perfect chance not only
to make history but to do what is right by our country.
This is a good bill. It is a fair compromise, a chance for us to come
together and govern and do what a majority of the American people are
demanding we do. Last year's national election evidenced a new American
demographic, and the new America spoke resoundingly about who they will
support and not support based on how they vote on comprehensive
immigration reform. Let's listen to what that new America had to say
and do the right thing.
I am confident we can get this bill passed, and I hope--I sincerely
hope--our colleagues in the House will take our lead and pass
comprehensive immigration reform this year. I hope they will join us in
realizing the time has come.
Si, se puede--yes, we can.
With that, I yield the floor.
The PRESIDING OFFICER. The Senator from Vermont.
USA Patriot Act
Mr. SANDERS. Madam President, I just wanted to say a few words on an
issue that is of deep concern to many Americans. In 2001, 2006, and in
2011, I voted against the USA PATRIOT Act. I voted against that
legislation because I believed in a democratic and constitutional form
of government we can effectively combat terrorism without sacrificing
the civil liberties and the constitutional protections which make us a
free country.
The President has said he welcomes a debate on this issue, and I
agree with him. There should be a debate. And the debate should center
on whether the Fourth Amendment to the U.S. Constitution is still
relevant. If it is, let's abide by it. If it isn't, let's not be
hypocrites and let's acknowledge we live in a society, in a nation,
where our freedoms and liberties have been severely compromised. But
let's not pretend the protections the Fourth Amendment guarantees exist
when in fact they do not exist.
Here is what the Fourth Amendment to the Constitution states:
The right of the people to be secure in their persons,
houses, papers and effects against unreasonable searches and
seizures, shall not be violated, and no Warrants shall issue,
but upon probable cause, supported by Oath or Affirmation,
and particularly describing the place to be searched, and the
persons or things to be seized.
That is the Fourth Amendment to the Constitution of the United
States.
Now, let's talk about what we learned in the last week about the
National Security Agency's activities. We learned it is likely that
virtually every phone call made by every American is being collected
and stored by the United States Government. The time you made that
phone call, where you made that phone call, how long you were on the
phone, and to whom you made that phone call is now part of the record
of the United States Government. Every husband calling a wife, every
businessman making a deal, every elected official talking to a
constituent, every candidate talking to a campaign manager, every
doctor talking to a patient, every lawyer talking to a client, every
journalist tracking a story--all of that information and more--is now
on file with the United States Government.
What is even more alarming is that it is not just the government
officials who have access to that information. It turns out it is also
available to private contractors such as Booze-Allen, and I assume many
other contractors.
A few weeks ago, Madam President, you will recall there was a huge
uproar in the media, including front-page stories about the Obama
administration tracking the phone calls made by reporters from the
Associated Press. It was a big deal. Everybody was really concerned
about that. While not listening to the calls, they learned who the
reporters were speaking to, how long they were speaking, and where the
reporters were located. Well, guess what. It turns out what the Obama
administration was doing to the AP is nothing unusual. This appears to
be exactly what the government has the capability to do to every single
American.
Furthermore, we have also recently learned the government has the
capability to monitor every Web site we visit, every video we see, and
every item we search for online.
Madam President, everybody understands terrorism is a serious issue
and the United States Government--and governments throughout the
world--must do everything it can to protect its people. We do not want
another 9/11. We do not want another bombing such as the one at the
Boston Marathon. We do, however, want our government, our intelligence
agencies and law enforcement authorities to be strong and effective in
combating terrorism. But it is my very strong opinion we can do that
without living in an Orwellian world where the government and private
corporations know every telephone call we make, every Web site we
visit, every place we go.
Is that really the country we want to be? Let's be clear: The
technology for monitoring every aspect of our daily lives will only
increase in years to come as that technology becomes ever more
sophisticated.
Opposition to the current NSA policy is coming from across the
political spectrum. Representative Jim Sensenbrenner, a conservative
Republican from Wisconsin, and one of the authors of the original
PATRIOT Act, said in a Thursday letter to Attorney General Eric Holder
that he is ``extremely troubled'' by the National Security Agency's
seizure of the phone records of millions of Verizon customers through a
secret court ruling. Representative Sensenbrenner also said:
I do not believe the released FISA order is consistent with
the requirements of the PATRIOT Act. How could the phone
records of so many innocent Americans be relevant to an
authorized investigation as required by the act? Seizing
phone records of millions of innocent people is excessive and
un-American.
That is what Republican Congressman Jim Sensenbrenner said in a press
release that accompanied his letter to the Attorney General.
It is clear to me the United States Congress has to take a very hard
look at the USA PATRIOT Act, and specifically section 215. The bottom
line is we must be strong and effective in combating terrorism, but it
is absolutely my view we can do that without undermining the
constitutional rights that make us a free country.
With that, Madam President, I yield the floor.
The PRESIDING OFFICER. The Senator from Colorado.
Mr. BENNET. Madam President, I want to first thank the Senator from
South Dakota for his indulgence for 5 minutes or so to do this, and the
Senator from Indiana for yielding his time to me. We got a little out
of order on the floor, but I wanted to speak before the night was out
about this incredible chance we have with respect to fixing our broken
immigration system.
Over the next few weeks, the Senate has a golden opportunity to do
something great, to do something that is important, to do something
that shows
[[Page S4204]]
that Washington can actually work; that we are aligned with the
priorities of the American people; and that we can take on hard
challenges and solve them. That is the opportunity before us.
I have to say thank you to all of my colleagues who served on this
so-called Gang of 8 and worked not even in a bipartisan way but in a
nonpartisan way to fix problems that afflict our economy and our
democracy throughout the country in different ways.
I particularly want to thank Senator John McCain and Senator Schumer
for their leadership during good times, but particularly during the
tough times during this negotiation. A lot of people I represent
sometimes wonder whether Washington is just irretrievably broken,
whether we can actually do something in the regular order instead of
just in the middle of the night. To them I can come to the floor
tonight and say: Finally, we have a process of which we can be proud.
We have a bipartisan bill. We had a dozen hearings on this issue, with
almost a month between the introduction of the bill and the committee
markup. We had 37 hours of consideration in the Senate Judiciary
Committee, with 300 amendments filed and 212 considered. I think 141 of
these amendments from our colleagues were actually approved.
Even some of the harshest critics of the bill have commended the open
and transparent process, and I am grateful to Chairman Leahy for his
work as well as the members of the Judiciary Committee.
In the coming weeks, many more amendments will come before this body.
Voices on every side of the issue will continue to have the chance to
be heard, which is the way democracy ought to work. At the end of the
day, I hope we will not squander the greatest chance we have had in a
generation, in 25 years, to fix our broken immigration system.
No one understands this better than the people of Colorado--the
people I represent, who even though they do not think of themselves
this way particularly, are one-third Democrat, one-third Republican,
and one-third Independent. From end to end and corner to corner of our
great western State, people have said to me: Michael, when are these
guys going to fix this broken immigration system? With agriculture on
the west slope in northern Colorado and on the eastern plains, this has
a $40 billion impact to our State.
We have great high-tech in Colorado, with people inventing the future
as we stand here today in bioscience, aerospace, engineering, and a
growing startup community. Colorado's high-tech sector includes more
than 10,000 companies. My hope is that 5 years from now there will be
10,000 more, and 5 years after that 10,000 more than that. We have
150,000 workers today who produce almost $3 billion in exports each
year, as well as a new patent office opening soon.
We have a huge tourism industry. Hotels, restaurants, and the ski
industry struggle to find the workers they need. The ski industry alone
brings in 57 million visitors to the country each year, many of these
people traveling to Colorado year after year.
We have a growing Latino population. It is almost 21 percent of our
State's population. In places such as the Denver Public Schools--a
place I had the privilege to work before I came to the Senate--over
half our students are Latino. That is why we set out several years ago
to have a conversation in Colorado, in the rural parts of the State, in
the urban parts of the State, with our high-tech community, with our
agriculture community, saying: What needs to be done? We brought
together business leaders, farmers, faith leaders, law enforcement,
advocates, and community leaders and we said: Washington is broken. We
can't wait for them to act. What can we do in Colorado?
We came up with seven principles for immigration reform which are now
reflected in the legislation before us. It turns out that actually for
once we underestimated this place. This place was willing to approach
this work with the seriousness of purpose that Colorado citizens were.
I wish to tell one Colorado story to reflect this. Wayne Mininger, an
onion farmer from Greeley, CO, also represents onion farmers across the
Nation as head of the National Onion Association. Growing up on his
father's farm in California's San Joaquin Valley and now owning his own
farm in Greeley, CO, he has witnessed the farmer's struggle to find
reliable labor his entire working life. The farmers he represents have
long voiced their frustration with a visa system that results in
serious delays hiring workers or not having enough labor altogether to
harvest crops.
They are not interested in the politics in the Nation's Capitol. They
are interested in running their farms and ranches. They are interested
in knowing they have a steady supply of labor. Wayne took the trouble
to write a letter to the Greeley Tribune about why he is supporting
this bill. Since he said it better than I could say it myself, I ask
unanimous consent it be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
[From the Greeley Tribune]
Colorado's Delegation Must Support Immigration Reform
(By Wayne Mininger, Executive Vice President of the National Onion
Association)
Growing up in California's San Joaquin Valley, from very
early on I saw the critical role seasonal workers played on
my father's fruit, nut and vegetable farm. Due to diminishing
domestic worker availability, it became a constant struggle
to obtain sufficient immigrant seasonal help because the visa
process was cumbersome, complex and convoluted.
Later in life, I experienced seasonal labor struggles as a
business partner with my father in Greeley on our onion farm.
Now as a leader of the National Onion Association, I
represent onion farmers from coast to coast and border to
border. Through the years, I've heard countless stories about
how difficult it is to work within our immigration system.
That's why I support the immigration overhaul bill making
its way through Congress. It is an excellent opportunity to
address rural America's ability to attain a reliable, stable
and legal workforce.
This bill isn't perfect, and I don't agree with everything
in it. Thanks to the Group of Eight, which includes Sen.
Michael Bennet, D-Colo., for finally coming together in a
bipartisan way to craft a common-sense bill that attempts to
fix a broken immigration system. I encourage Colorado's other
representatives, including Sen. Mark Udall, D-Colo., and Rep.
Cory Gardner, R-Colo., to support it as well. Agriculture is
the backbone of our state and national economies; we need
policies that help farmers, not hinder them.
Mr. BENNET. Madam President, some critics will not be surprised
people around here are using the same old, tired talking points in an
effort to delay and kill this bill altogether. But the people of
Colorado know better and the people across this country know better.
They know that passing this bill is critical to strengthening our
country's borders. It will make us safer, add to our security, aligning
our immigration system with the needs not of a 20th century economy or
a 19th century economy but of the 21st century economy our children are
expecting us to build and honoring our heritage of a nation of laws and
a nation of immigrants. That is why a growing number of Americans
support fixing our broken immigration system and 70 percent support a
tough but fair pathway to citizenship. That is what is contained in
this bill.
I look forward to working with my colleagues in the days and weeks
ahead to find ways we can even improve this bill and, at the end of the
day, pass legislation that will make us stronger as a nation and better
serve the next generation of Americans and the generation after that.
Since our founding, there are a number of aspects that have made us
spectacular as a country, but there are two that are hard to find
anywhere else. We are a nation that subscribes to the rule of law and
we are a nation of immigrants. With this bill, we will assert both of
those principles, and I think we have a golden opportunity to come
together again and say that Washington is not just about playing our
own politics, it is about doing the people's business so we can show
this place can actually work together again to accomplish something
very important for all of America.
I yield the floor, probably considerably later than I should have.
The PRESIDING OFFICER. The Senator from South Dakota.
Mr. THUNE. Madam President, I also would like to thank the Senator
from Colorado for his generosity with his time and for giving me the
opportunity
[[Page S4205]]
to make some remarks. I have an amendment I filed which I do not think
we are going to get an opportunity to have pending tonight. I hope we
can get it pending at some point. I hope we can have a number of
amendments pending and voted on. That is, after all, what the Senate
should be about. Clearly, on an issue of this consequence to the
American people and for those of us who represent States from all
across the country, this is an issue that needs to be debated. That is
why many of us voted to get on the bill today. I think we can all
acknowledge that we have an immigration system that is broken and it
needs to be fixed.
As I come to the floor to discuss this particular amendment, I am
reminded that each time Congress has tried to fix our immigration
system, there have been promises and more promises of a more secure
border. Unfortunately, those promises are never upheld. The bill before
us is well intended, but it is following the same path as past
immigration bills. Under this bill, it is certain that 12 million
undocumented workers will receive legal status soon after the bill is
enacted. However, the border security provisions are nothing more than
promises which, again, may never be upheld.
When I talk to my constituents back in South Dakota, they ask a
couple of questions. The first one is: When will our Federal Government
keep its promises on border security? I think that is first and
foremost the issue most people see when they look at the immigration
debate. They want to know why it is that we continue to talk about
enforcing the law and securing the border, but we do not follow through
on the steps that are necessary to do that.
They also ask the second question: Why do we need more laws? Why do
we need more laws when we are not enforcing the laws that are currently
on the books? It is time we follow through on the promises that have
been made in the past of a more secure border. The Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 required 700 miles of
reinforced double-layered fencing along the southern border. This goal
was reaffirmed when Congress passed the Secure Fence Act in 2006. To
date, less than 40 miles out of the 700 miles of fencing required by
law has been completed. My amendment, amendment No. 1197, simply
requires that we implement current law prior to legalization as an
indication that we are serious about border security. As specified by
this amendment, 350 miles of the fencing would be required prior to RPI
status being granted. The completion of this section of the fence would
be a tangible demonstration that this administration is serious about
border security.
After RPI status is granted, the remaining 350 miles required by
current law would have to be constructed during the 10-year period
before registered provisional immigrants can apply for green cards.
There are a lot of issues associated with this bill. It has a lot of
moving parts. There are lots of things, as this debate continues, that
need to be addressed and hopefully amendments that will be offered on
the floor can make this bill stronger and improve it as it goes through
the process. I say to my colleagues in the Senate that if we are
serious about wanting to show that we get this whole issue of border
security and we are not just talking about it but actually making real
changes to make our border more secure, then this amendment is one way
to show it. After all, many of us acknowledge that of the many
components and elements of this debate, first and foremost is that we
have to address the issue of border security.
It gets talked about. There is a lot of rhetoric surrounding it.
There is a lot of rhetoric in the Senate, as I mentioned earlier about
this very subject where promises and commitments have been made,
promises and commitments that have never been fulfilled with respect to
border security.
This amendment, No. 1197, as I said, is very simple, very
straightforward, and only follows through on commitments that have been
made by Congress in the past and which I think the American people
expect and, frankly, have a right to expect, that we would follow
through on: 350 miles of fence before RPI status is granted and another
350 miles of fence prior to a green card being issued.
It is not complicated. I think in a lot of respects this issue is not
complicated. It is certainly not complicated in the minds of the
American people who think first and foremost this is about border
security, about border enforcement, about a nation that is able to
control its very borders for so many reasons, many of which have been
discussed and talked about and I hope will be talked about even more in
the days ahead.
I understand I do not have the opportunity to get this amendment up
and pending to where it could be voted on this evening, but I certainly
hope, at least as we get underway in this debate tomorrow, that those
of us who have amendments we think would strengthen and improve this
bill will have the opportunity to put them forward and to get them
voted on.
Amendment No. 1197 is one of those. I certainly hope tomorrow the
managers of the bill will be able to allow us a pathway where we can
get amendments voted on. I think this will improve the bill. I think it
strengthens the bill and it certainly follows through on a commitment
that has been made to the American people many times over and has not
yet been followed through on.
I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. FLAKE. Madam President, I ask unanimous consent that the quorum
call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. FLAKE. Madam President, the Senate has taken an important and
historic step today by adopting a motion to proceed to legislation
reforming our broken immigration system. I look forward to moving
through this debate over the next couple of days and weeks in regular
order.
This bill received a thorough vetting in the Judiciary Committee over
a couple of weeks. There were more than 100 amendments adopted. I think
more than 300 amendments were submitted.
I commend Chairman Leahy and Ranking Member Grassley for offering a
process which makes this Senate proud. For those who believe the Senate
cannot work through regular order and that all sides can agree to
amendments being offered and a debate being had, I think they would be
heartened to see this process so far. This bill will be brought to the
floor with agreements as well as many amendments that will be offered
and considered. We will have thorough debates that leave us in good
stead for this legislation.
This is important legislation. I hope, as we move through it, we can
remember we need to assign motives to people who are debating either
side of this issue. This is an issue where passions run high. We see
that among our constituents and across the country. Here in the Senate,
I hope we remember we are all coming to this debate with different
perspectives. We represent different States, but all of us want a
better immigration system. If we can get through this and not question
each other's motives throughout this process, I think we will all be
better off.
Arizona, as everyone knows, is a State which has a large population
of undocumented aliens. We rest on a large border with Mexico, and with
all of the issues and problems that presents, and has over the years.
The sizable undocumented population helps no one. It doesn't help those
families living day to day with one family member or another out of
status. It doesn't help State or local governments that bear the brunt
of the cost, whether it is education, health care, criminal justice, or
incarceration. These are expenses which are borne more by the States
than the Federal Government and it leads to a lot of frustration in
Arizona and elsewhere.
It doesn't help when businesses struggle to maintain a legal
workforce, and that is the case in Arizona. Up until recently, the
Tucson sector of the Border Patrol was the busiest sector in the Nation
when it comes to illegal crossings. While there are claims that the
border is now safer than ever, landowners in the border region continue
to face a reality that would suggest otherwise.
Let me give an example. Earlier this year, the Ladd Ranch, which is a
14,000-
[[Page S4206]]
acre ranch that shares 10 miles of the U.S.-Mexico border, which is
between Naco, AR, and the San Pedro River, reached 14 breaches with a
total of 29 trucks just over the past 12 months. This was taking place
in the daylight.
Between the border and the undocumented, our current immigration
system does little to ensure that our economy has the talent we need to
ensure the United States competes globally. While there are issues on
the border with the landholders and all of the problems that presents,
and then there are businesses which simply cannot get access to the
talent they need, we have a problem that needs to be solved. In
addition, the program is oriented toward providing adequate temporary
or short-term workers typified by caps that do not work and redtape
that makes them all but unusable. The current immigration system is
irreparably broken.
This legislation before us takes great strides with border security.
I look forward to these provisions being debated and thoroughly vetted
throughout this process. I am sure many amendments will be offered. I
plan to offer some of them myself to improve this process and to
improve the border security elements of the bill.
This legislation has a tough but fair process to bring the
undocumented out of the shadows. People who come forward will be
required to pay fees and fines.
For those who raise the term amnesty again and again, let me assure
them there is no amnesty in this legislation. By definition, amnesty is
an unconditional pardon for a breach of law. This is no unconditional
pardon. Those who come forward, come out of the shadows, and those who
are undocumented will be required, as I said, will be required to pay
fines and fees. They will be required to work. They will be required to
stay well above the poverty level. When it comes time to renew their
status, they will be required to pay any back taxes that have accrued,
and again show they have stayed here and maintained the status in a way
that would allow them to be renewed.
Before they are able to get a green card, 10 years into this process,
there will be many other things required as well. Again, they will need
to prove they have paid taxes, and that they have not been a public
charge. They will need to learn English. Right now the requirement is
the need to learn English to become a citizen. Under this legislation,
this requirement has moved up to green card status. Just to get a green
card, they will have to be proficient in English.
This legislation also dramatically modernizes our legal immigration
system. It ensures U.S. businesses will have access to the best and
brightest around the world.
I have been concerned about this issue for years. Years ago I
introduced what we called the Staple Act. I heard many times from
businesses that we ought to staple a green card to the diploma of
anyone who receives a graduate degree, particularly a Ph.D., in the so-
called STEM fields. This legislation accomplishes much of that by
simply saying that those who are here and educated in our U.S.
universities will be allowed to stay here. Those with a master's degree
or Ph.D. in STEM fields will be allowed to stay here and help create
jobs.
A big percentage of the jobs created and Fortune 500 companies that
are listed are started or created by foreigners--those who were here
and received an education here and were allowed to stay or were born by
first or second-generation immigrants. We need to make sure those who
are going to help us build our economy are allowed to stay, and this
legislation does that.
We all know the status quo is unworkable. If someone runs a business
in this country, they are not currently given adequate tools to
determine whether those who are presenting themselves for work are here
legally. This legislation will make sure those tools are there.
I look forward to this process as well as the debate. I think this
debate can represent the Senate at its best where we can consider this
legislation, consider amendments to make sure the bill is improved, and
then send the bill on to the House so it can be considered there as
well.
I commend those who have been involved in this process, the so-called
Gang of 8, who have worked long and hard. Our staff worked well into
the night for weeks on end to make sure we have the legislation before
us today, which has been a long, thorough, and good process. As I
mentioned before, those who have seen the Congress--the House and
Senate--in recent years maybe not reach its full potential, to put it
mildly, ought to be heartened by the process on this legislation. I
hope we can continue it. I look forward to debating this legislation
with my colleagues.
I yield the floor and note the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
The PRESIDING OFFICER. The majority leader.
Mr. REID. Madam President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________