[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.

[[Page S4094]]

                        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.

[[Page S4095]]

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.

[[Page S4096]]

     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.

[[Page S4098]]

       (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-

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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.

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