[Congressional Record Volume 159, Number 94 (Thursday, June 27, 2013)]
[Senate]
[Pages S5329-S5475]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
BORDER SECURITY, ECONOMIC OPPORTUNITY, AND IMMIGRATION MODERNIZATION
ACT--Continued
Amendments Nos. 1552 and 1553 Withdrawn
The PRESIDING OFFICER. Under the previous order, the pending
amendments Nos. 1552 and 1553 are withdrawn.
The majority leader.
Mr. REID. Madam President, the pending business, then, is the
committee-reported substitute amendment, with all postcloture time
having been expired; is that correct?
The PRESIDING OFFICER. The Senator is correct.
Mr. REID. I raise a point of order that the Reed of Rhode Island
amendment is no longer in order due to the adoption of the amendment
No. 1183.
[[Page S5330]]
The PRESIDING OFFICER. The point of order is well taken. The
amendment falls.
Mr. REID. I raise a point of order that the Cruz amendment is also no
longer in order.
The PRESIDING OFFICER. The point of order is well taken. The
amendment falls.
Mr. REID. I raise a point of order that the Boxer amendment is also
no longer in order.
The PRESIDING OFFICER. The point of order is well taken. The
amendment falls.
Mr. REID. I ask unanimous consent that the next two votes be 10
minutes in duration.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Mr. REID. Madam President, during these votes we are going to try to
work out a time to finish our work today. As I mentioned earlier today,
whenever we have the final vote--whether it is tomorrow afternoon or,
if we can work something out, today--I want everyone to be here a few
minutes before the time expires so we can start the vote. The vote will
not start until Senators are in their assigned seats. If they are not
here, we will have a live quorum, and all that will do is slow things
up. And we are going to do that.
This legislation has been worked on for many years. We have people
who believe strongly in this legislation and people who don't. It is a
very important piece of legislation. It is historic in nature, and we
should be here to vote, and we are going to be here in our chairs to
vote. We don't have a time worked out yet. We are going to do our best.
As my friend the ranking member said, we would like it sooner rather
than later, but we can't get that unless everybody agrees to a time.
The PRESIDING OFFICER. Under the previous order, all postcloture time
is expired.
The question is on agreeing to the committee-reported substitute, as
amended.
Mr. WICKER. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The bill clerk called the roll.
The result was announced--yeas 68, nays 32, as follows:
[Rollcall Vote No. 166 Leg.]
YEAS--68
Alexander
Ayotte
Baldwin
Baucus
Begich
Bennet
Blumenthal
Boxer
Brown
Cantwell
Cardin
Carper
Casey
Chiesa
Collins
Coons
Corker
Cowan
Donnelly
Durbin
Feinstein
Flake
Franken
Gillibrand
Graham
Hagan
Harkin
Hatch
Heinrich
Heitkamp
Heller
Hirono
Hoeven
Johnson (SD)
Kaine
King
Kirk
Klobuchar
Landrieu
Leahy
Levin
Manchin
McCain
McCaskill
Menendez
Merkley
Mikulski
Murkowski
Murphy
Murray
Nelson
Pryor
Reed
Reid
Rockefeller
Rubio
Sanders
Schatz
Schumer
Shaheen
Stabenow
Tester
Udall (CO)
Udall (NM)
Warner
Warren
Whitehouse
Wyden
NAYS--32
Barrasso
Blunt
Boozman
Burr
Chambliss
Coats
Coburn
Cochran
Cornyn
Crapo
Cruz
Enzi
Fischer
Grassley
Inhofe
Isakson
Johanns
Johnson (WI)
Lee
McConnell
Moran
Paul
Portman
Risch
Roberts
Scott
Sessions
Shelby
Thune
Toomey
Vitter
Wicker
The committee amendment in the nature of a substitute, as amended,
was agreed to.
cloture motion
The PRESIDING OFFICER. Under the previous order and pursuant to rule
XXII, the clerk will report the motion to invoke cloture.
The legislative clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
hereby move to bring to a close debate on S. 744, a bill to
provide for comprehensive immigration reform, and for other
purposes.
Harry Reid, Patrick J. Leahy, Michael F. Bennet, Charles
E. Schumer, Richard J. Durbin, Robert Menendez, Dianne
Feinstein, Sheldon Whitehouse, Patty Murray, Debbie
Stabenow, Robert P. Casey, Jr., Mark R. Warner, Thomas
R. Carper, Richard Blumenthal, Angus S. King, Jr.,
Christopher A. Coons, Christopher Murphy.
The PRESIDING OFFICER. By unanimous consent, the mandatory quorum
call has been waived.
The question is, Is it the sense of the Senate that debate on S. 744,
a bill to provide for comprehensive immigration reform and for other
purposes, shall be brought to a close?
The yeas and nays are mandatory under this rule.
The clerk will call the roll.
The legislative clerk called the roll.
The yeas and nays resulted--yeas 68, nays 32, as follows:
[Rollcall Vote No. 167 Leg.]
YEAS--68
Alexander
Ayotte
Baldwin
Baucus
Begich
Bennet
Blumenthal
Boxer
Brown
Cantwell
Cardin
Carper
Casey
Chiesa
Collins
Coons
Corker
Cowan
Donnelly
Durbin
Feinstein
Flake
Franken
Gillibrand
Graham
Hagan
Harkin
Hatch
Heinrich
Heitkamp
Heller
Hirono
Hoeven
Johnson (SD)
Kaine
King
Kirk
Klobuchar
Landrieu
Leahy
Levin
Manchin
McCain
McCaskill
Menendez
Merkley
Mikulski
Murkowski
Murphy
Murray
Nelson
Pryor
Reed
Reid
Rockefeller
Rubio
Sanders
Schatz
Schumer
Shaheen
Stabenow
Tester
Udall (CO)
Udall (NM)
Warner
Warren
Whitehouse
Wyden
NAYS--32
Barrasso
Blunt
Boozman
Burr
Chambliss
Coats
Coburn
Cochran
Cornyn
Crapo
Cruz
Enzi
Fischer
Grassley
Inhofe
Isakson
Johanns
Johnson (WI)
Lee
McConnell
Moran
Paul
Portman
Risch
Roberts
Scott
Sessions
Shelby
Thune
Toomey
Vitter
Wicker
The PRESIDING OFFICER. On this vote, the yeas are 68, the nays are
32. Three-fifths of the Senators duly chosen and sworn having voted in
the affirmative, the motion is agreed to.
Tanf
Mr. BAUCUS. Madam President, on July 12, 2012, the Department of
Health and Human Services, HHS announced a new initiative to allow
States to experiment under the temporary assistance for needy families,
TANF, block grant. The HHS initiative would waive some Federal
requirements for qualifying states and instead allow them to develop
and use ``alternative and innovative strategies, policies, and
procedures that are designed to improve employment outcomes for needy
families.'' States would be required to improve employment by 20
percent in order to keep one of these waivers. Some of my colleagues
object to this approach.
I was a supporter of 1996 welfare reform and stand by the tenets of
that reform. However, it has been seventeen years since that debate on
welfare produced the TANF program. We would not expect a car to run for
17 years without maintenance. It is time to tune-up our Nation's
antipoverty program. It is time to take a look under the hood.
In the past, TANF has provided crucial benefits to struggling
Americans. As poverty rates for women and children increase, it is
vital to ensure our programs are adequately meeting the needs of this
vulnerable population. The Congressional Research Service estimates
that in 1995 over 14 million children were living in poverty. After
welfare reform, the number of kids living in poverty decreased to about
11 million by 2000. Since then, these gains have been eroded. There
were over 13 million kids in poverty by the start of the recession in
2007. Now there are over 16 million children in desperate need of
assistance. These numbers do not indicate a healthy safety net. We must
ensure that disadvantaged women and children continue to have access to
the vital resources they need.
In 2005, after several attempts to pass a TANF reauthorization bill
in ``regular order,'' the TANF program was reauthorized as part of the
Deficit Reduction Act. But it was not the comprehensive bipartisan TANF
reauthorization voted out of the Finance Committee. Rather, it was a
slimmed-down version placed in a budget reconciliation bill that
focused on tightening up the work standards and adding grants for
marriage promotion and responsible
[[Page S5331]]
fatherhood. Furthermore, the reauthorization was solely written by
Republicans without any Democratic input.
I have nothing but the utmost respect for my distinguished colleague
for Utah. I share in my colleague's strong belief that work is
honorable and that it should be a cornerstone of our welfare system.
While I certainly share in my colleague from Utah's concern over the
unilateral waiver of legislative requirements, I am also a strong
supporter of finding ways to improve Federal programs. I agree with the
administration that innovation often comes from our partners in the
States. As chairman of the Finance Committee, I have provided Montana
and the other 49 States numerous opportunities to take initiative and
improve our programs. Justice Louis Brandeis said, ``It is one of the
happy incidents of the federal system that a single courageous state
may serve as a laboratory, and try novel social and economic
experiments without risk to the rest of the country.'' Giving the 50
States an opportunity to experiment and improve on Federal programs
allows us to determine what works and what doesn't.
Allowing our States to have the flexibility to increase their work
rates by 20 percent is a noble goal that improves the very foundation
of our welfare system. I understand that there are concerns about how
the 20 percent is calculated. However, the goal of increasing
employment is my highest priority, a goal that I believe is shared by
my friend from Utah.
No matter how noble the goal, I agree that there are better ways to
go about making improvements to the TANF program than bypassing the
Congress. The Finance Committee has jurisdiction over the TANF program.
As a committee, we have never shirked our legislative responsibilities
and could have been engaged in a more productive manner.
However, this impasse around TANF waivers has prevented productive
dialog on the needs of this Nation's most vulnerable women and children
for almost a year. It is time to get back to business. I am willing to
work with Senator Hatch to end this impasse. The American people
deserve our best attention on getting people jobs that will support
their families.
With an eye toward reform, I asked the Government Accountability
Office, GAO, to evaluate TANF. Since 1996, the number of families
served by federal welfare programs has dropped from 3.9 million to 1.9
million in 2010. The GAO noted that this decline was not due to an
increase in income but a decline in participation. GAO noted that
States have erected increasingly more stringent barriers, making it
difficult for families and children to qualify for TANF.
The GAO also noted that current policies may be discouraging States
from preparing difficult-to-serve families for the road back to work
through TANF. Some options suggested for serving families with complex
needs include adjustments to state requirements and a focus on
employment outcomes. We may need to make some modest changes to ensure
that the program runs smoothly, our tax dollars are spent efficiently,
and that we provide a useful safety net for Americans.
A safety net that encourages and inspires resiliency in the face of
hardship is crucial to our growth and success. We have worked together
to provide States with the opportunity to find solutions while
maintaining rigorous standards in the child welfare programs.
Continuing this trend is important, even more so when it involves
lifting families out of poverty. We have had a strong bipartisan
relationship on the Finance Committee, and I look forward to working
with the ranking member to improve our welfare system.
Women should not be faced with the hard choices like staying in
abusive relationships in order to provide for their kids or leaving
their children with less than trustworthy guardians to find a job. We
can do better. Input from the administration, States, and other
stakeholders on what they think might improve the program is welcome
and needed. I am looking forward to working with my colleague from Utah
on a legislative solution that improves the TANF program in real ways
for women and children.
Mr. HATCH. Madam President, last July, in an unprecedented over-reach
of executive authority, the Obama administration violated congressional
intent and breached over a decade of precedence by granting themselves
the authority to waive critical Federal work requirements.
As ranking member of the Senate Finance Committee, which has
jurisdiction over the temporary assistance for needy families, or TANF,
I strongly opposed this effort of the Executive branch to bypass the
legislative branch of government.
It is the sole responsibility of the Senate Finance Committee to
develop, debate, and enact changes to the TANF programs.
The TANF programs have not been fully reauthorized for over 10 years
and have been funded by a series of short term extensions since 2010.
During this time, poverty and, most distressingly, child poverty have
risen. It is imperative to families struggling in this dire economy
that the Senate Finance Committee act in a bipartisan manner to reform
and improve the TANF programs.
In December of last year, colleagues may remember that I sent a
letter to President Obama and then subsequently went to the Senate
floor and formally asked the President to instruct the Secretary of
Health and Human Services to withdraw their unconstitutional welfare
waiver rule and submit a comprehensive welfare reform plan to the
Congress. In my letter and my remarks, I made it clear that if the
President withdrew this waiver scheme and sent up a proposal to
Congress, that I would commit to working with him and other Democrats
to enact comprehensive welfare reform.
However, in the months since I sent my letter, I have not gotten a
response from the President. The welfare waiver rule remains in effect.
The Secretary of Health and Human Services has failed to propose a
comprehensive welfare reauthorization.
According to HHS, no State has applied for a welfare work waiver. In
their Statement of Administration Policy, to H.R. 890, the ``Preserving
Work Requirements for Welfare Programs Act of 2013,'' the
Administration writes that the reason no state has applied for a
welfare work waiver is due to ``inaccurate claims about what the policy
involves.''
However, the Obama administration has refused to elaborate further on
these waiver policies, and Democrats in the Congress have steadfastly
resisted any effort to rescind the administration's welfare waiver
scheme.
The insistence on the part of the administration that the welfare
waiver rule remain intact demonstrates to me that the administration
wants the option to waive Federal welfare requirements at some later
date.
Therefore, it behooves those of us who support robust welfare work
requirement to oppose the administration's welfare work waiver scheme
and work to remove the possibility that the Obama administration would
approve proposals to gut welfare reform.
This has become even more imperative because, as we learn more about
how the Obama administration developed their welfare work waiver rule,
the more it becomes apparent that the Obama administration has been
disingenuous in it characterization of the policy and its intended
outcomes.
HHS initially justified their welfare work wavier scheme by
suggesting that they were merely doing the bidding of the State. They
referred to comments solicited by them from my State of Utah, in 2011,
requesting administrative flexibility as justification for advancing
policies that could undercut key provisions of welfare reform.
However, in exercising the due diligence oversight role of the
legislative branch, Ways and Means chairman Dave Camp and I were able
to compel HHS into providing an internal memo relating to the
development of the welfare work waiver rule. I ask unanimous consent to
have this memo printed in the Record at the conclusion of my remarks.
As my colleagues will see, contrary to claims that the Obama
administration was simply capitulating to State's requests for
flexibility, this memo reveals that, as far back as 2009, policy makers
in the Obama administration were working to determine which provisions
of welfare reform could be
[[Page S5332]]
waived or disregarded. Therefore, the claim that the Obama
administration was merely capitulating to states' request for
administrative flexibility is disingenuous, at best.
A careful review of this memo further reveals that HHS attorneys have
concluded that the Secretary has the authority to allow States to
ignore prohibitions on Federal welfare spending which would ``permit a
state to extend assistance to a family for which assistance would be
prohibited under Section 408 of the Social Security Act.''
Mr. President, the following individuals and activities are
prohibited under section 408 of the Social Security Act: fugitive
felons and parole violators, families where the adult has exceeded 5
years of assistance, noncitizens with a five-year ban on assistance as
described in title IV of the Personal Responsibility and Work
Opportunity Reconciliation Act, and medical services, such as abortion.
Under S. 744, the legislation before the Senate today, the
prohibitions detailed in title IV of PRWORA for Federal means-tested
public benefits, such as cash welfare, are extended to registered
permanent immigrants, blue card holders, and aliens admitted to the
United States under 101(a)(15)(V) or 101(a)(15)(Y).
However, under HHS's current interpretation of section 1115
authority, since title IV can be ignored, Federal welfare benefits
could be paid to these groups of noncitizens.
I have always wanted to support the current bill before the Senate,
and I committed to working with Senator Rubio and others to try and
improve the bill so that it can garner broad bipartisan support.
I initially filed an amendment that would have prevented the Obama
administration from potentially gutting welfare reform and explicitly
prohibited them from permitting the types of spending outlined in
section 408 of the Social Security Act. This amendment was deemed too
broad to be relevant to the immigration debate by the Democratic
majority.
So, in the spirit of compromise, I agreed to limit my amendment to
only apply to the section of 408 dealing with noncitizens--in other
words, the ability of Obama administration to waive work requirements
and permit Federal welfare spending on certain prohibited individuals
and activities remains.
The Obama administration's interpretation of their 1115 waiver
authority is and will remain an impediment to successfully improving
and reauthorizing the TANF programs. This is because any compromise
could be undermined by this or any other administration. I take the
chairman at his word that he intends to pursue a bipartisan consensus
on improvements to the TANF programs, but I need to stress that
consensus will be difficult to reach as long as this or any future
administration can waive key features of a compromise reached by the
Congress.
This Senator remains baffled why the Obama administration is so
reluctant to engage in a discussion of welfare reform.
To this date, nearly a year after the Obama administration went
public with their welfare work waiver rule, they have not issued a
single clarification on what work or work related activity they wanted
to allow states to count as work and why the current flexibility in
TANF is insufficient.
It appears that despite my entreaty last year for the Obama
administration to engage in a dialogue about improving the TANF
programs, their strategy for the immediate future appears to be one in
which they will simply let TANF wither on the vine.
I do not want that to happen. TANF provides critical support of
working families and helps States provide services to vulnerable
children. But too much of TANF spending is unaccounted for, and
programs funded by TANF dollars may not be coordinated with other
efforts directed towards at risk populations.
The robust welfare-to-work programs from 20 years ago have virtually
vanished.
I know that the chairman of the Senate Finance Committee shares my
concerns about the future of TANF. I understand he has a different
perspective on the administration's intentions relative to their
welfare waiver policies.
I hope to be able to work with Chairman Baucus and the other members
of the Senate Finance Committee to propose commonsense reforms to the
TANF programs during this session of Congress.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Department of Health
& Human Services,
Washington, DC, December 15, 2009.
To: Mark Greenberg, Deputy Assistant Secretary for Children
and Families
From: Chief of Litigation, Children, Families and Aging
Division
Subject: Authority Under Section 1115 of the Social Security
Act
This memo responds to your request for a legal opinion
regarding the breadth of the Secretary's authorities under
section 1115 of the Social Security Act (Act), 42 U.S.C.
1315, with respect to title IV-A of the Act. Specifically,
you are interested in better understanding her ability to
waive particular state plan requirements for the Temporary
Assistance for Needy Families (TA') program and to allow
states to spend TANF, Healthy Marriage and/or Responsible
Fatherhood program funds for certain purposes beyond those
specified in sections 403 and 404 of the Act. As explained
below, for a proper section 1115 demonstration project, the
Secretary may waive compliance with any state plan
requirements in section 402 of the Act, as well as any other
requirement incorporated therein. The Secretary also may
allow a state to use IV-A Funds for costs that otherwise
would be impermissible under that title. Section 1115 does
not provide direct relief from state penalties under section
409 of the Act but may factor into the penalty relief
available under section 409 itself. Thus, the Secretary may
take most of the actions proposed in your November 17, 2009,
e-mail, under section 1115 of the Act.
Section 1115 Authorities
Section 1115(a) of the Act provides the Secretary of Health
and Human Services (``the Secretary'') with two types of
discretionary authority to exempt a State from otherwise-
applicable IV-A rules so that it may implement a
demonstration project that, in the Secretary's judgment, ``is
likely to assist in promoting the objectives'' of title IV-A.
42 U.S.C. Sec. 1315(a).
First, under section 11.15(a)(1) of the Act, the Secretary
``may waive compliance with any of the requirements of
section . . . 402 . . . to the extent and for the period
[s]he finds necessary to enable [a] State . . . to carry
out'' an approved demonstration project. id. Sec. 1315(0(1).
Section 402 of the Act sets forth state plan requirements for
title IV-A, Id. Sec. 602. ``In granting a Sec. 1315(a)
waiver, the Secretary allows the state to deviate from the
minimum requirements which Congress has determined are
necessary prerequisites to federal funding.'' Beno v.
Shalala, 30 F.3d 1057, 1068 (9th Cir. 1994).
Second, under section 1115(a)(2)(B), ``costs of an approved
demonstration project] which would not otherwise be a
permissible use of funds under part A of title IV . . . shall
to the extent and [or the period prescribed by the Secretary,
be regarded as a permissible use of funds under such part.''
42 U.S.C. Sec. 1315(a)(2). This authority permits the
Secretary to use 1V-A funds for expenditures that would not
be allowable under, for example, section 404 of the Act, 42
U.S.C. Sec. 604, which prescribes permissible uses of a
state's TANF grant.
Prerequisites for Section 1115 Projects
Section 1115 applies to only (1) experimental, pilot, or
demonstration projects that (2) in the judgment or the
Secretary are likely to assist in promoting the objectives
of, in this case, title IV-A of the Act. (3) to the extent
and for the period she finds necessary. Thus, while the
Secretary has considerable discretion to decide which
projects meet these criteria, she must, at a minimum,
consider each of these issues.
Because Congress enacted section 1115 to ``test out new
ideas and ways of dealing with the problems of public welfare
recipients,'' S. Rep. No. 1589, 87th Cong., 2d Sess. 20,
reprinted in 1962 U.S.C.C.A.N. 1943, 1962. the Secretary must
first determine that that the project has a research or
demonstration value. See Beno, 30 F.3d at 1069 (``she must
determine that the project is likely to yield useful
information or demonstrate a novel approach to program
administration'').
In addition, the Secretary must determine that the proposed
project is likely to further the objectives of title IV-A.
These objectives, as identified in section 401 of the Act, 42
U.S.C. Sec. 601, are as follows:
(1) provide assistance to needy families so that children
may be cared for in their own homes or in the homes of
relatives;
(2) end the dependence of needy parents on government
benefits by promoting job preparation, work, and marriage;
(3) prevent and reduce the incidence of out-of-wedlock
pregnancies and establish annual numerical goals for
preventing, and reducing the incidence of these pregnancies;
and
(4) encourage the formation and maintenance of two-parent
families.
Finally, the Secretary may issue a waiver ``to the extent
and for the period [s]he finds necessary,'' id
Sec. 1315(a)(1), and may regard otherwise impermissible
expenditures as permissible ``to the extent and for the
period [she] prescribe[s],'' id. Sec. 1315(a)(2)(B). Thus,
pilot projects are limited in scope and duration, consistent
with their experimental nature.
Section 1115 waivers are subject to judicial review under
the Administrative Procedure
[[Page S5333]]
Act. See Beno. 30 F.3d at 1067; G. v. Hawaii, 2009 U.S. Dist.
LEXIS 39851 (D. Haw. May 11, 2009). Courts have recognized
that the Secretary has broad authority under section 1115,
and her decision to approve a project under section 1115
should he upheld unless it is arbitrary, capricious, or
contrary to law. See Georgia Hospital Ass'n v. Department of
Medical Assistance, 528 F. Supp. 1348 (N.D. Ga. 1982); Crane
v. Mathews, 417 F. Supp. 532 (N.D. Ga. 1976); California
Welfare Rights Org. v. Richardson, 348 F. Supp. 491 (N.D.
Cal. 1972); Aguayo v. Richardson, 352 F. Supp. 462, 469-70
(S.D.N.Y. 1971), affd 473 F. 2d 1090 (2d Cir. 1973).
Assuming that a state's project satisfies these
prerequisites, the Secretary may address the particular 1V-A
provisions referenced in your e-mail as follows:
Can the Secretary permit a state to operate under a
different set of participation rate requirements other than
those specified in Section 407, or to be accountable for
negotiated outcomes rather than the TANF participation rates?
Yes. Although work participation rates are found in section
407, which may not be waived directly under the terms of'
section 1115a)(1), section 402(a)(1)(iii) requires that the
State plan ``[e]nsure that parents and caretakers receiving
assistance under the program engage in work activities in
accordance with section 407.'' Because this section 402
requirement incorporates section 407, ``Mandatory Work
Requirements,'' the Secretary's waiver authority may
reasonably extend to section 407, as well.
However, the extent to which section 407 may be
incorporated for purposes of section 1115 is unclear. Section
402(a)(1)(iii)'s limitation, ``in accordance with section
407,'' could be read to modify or apply only to section
407(d), because section 402(a)(iii) expressly refers to
``work activities'' in section 407, which are defined in
section 407(d). Thus, a more conservative approach to section
1115(a)(1) would limit a waiver of section 402(a)(1)(iii) to
enable a state to define work activities differently than
Congress did in section 407(d), but otherwise leave the rest
of section 407, including participation rates in section
407(a), intact.
Alternatively, ``in accordance with section 407'' could he
read to modify the entire clause that precedes it, i.e.,
ensuring that recipients engage in the prescribed work
activities. In other words, if section 402(a)(1)(iii)
requires not merely that the work activities be those defined
in section 407(d) but also that the state have in place
section 407's comprehensive scheme to ``ensure'' that
families work, including through the participation rates,
then a waiver could reasonably reflect the breadth of the
state plan requirement itself. In short, section
402(a)(1)(iii)'s use of ``in accordance with section 407''
(rather than, for example. ``section 407(d)'') is
sufficiently ambiguous that a broader view of the scope of
the potential waiver is a defensible, though perhaps riskier,
interpretation.
Can the Secretary permit a state to spend TANF funds for a
benefit or service beyond those allowable under Section 404?
Yes. Under section 1115(a)(2), the Secretary may allow a
state to use its IV-A funds to pay for costs that would ``not
otherwise be a permissible use of funds under part A of title
IV,'' regardless of which section of title IV-A would render
the cost impermissible.
Can the Secretary broaden allowable expenditures under
healthy marriage and responsible fatherhood promotion grants
beyond those specified in Section 403?
Yes. Unlike other titles covered by section 1115(a)(2),
title IV-A is referenced in its entirety with respect to the
otherwise impermissible costs for which Federal program funds
may be used. For example, for title IV-D, section
1115(a)(2)(A) only allows the use of IV-D funds to pay for
expenditures that would not be allowed under section 455 of
the Act, 42 U.S.C. Sec. 655. Thus, section 1115(a)(2) would
not authorize the use of IV-D funds to pay for costs that
would not be allowed under section 469B (Grants to States for
Access and Visitation), 42 U.S.C. Sec. 669b, even though this
latter section is part of title IV-D, too. As stated above,
under section 1115(a)(2), the Secretary may allow a state to
use its IV-A funds to pay for costs that would ``not
otherwise be a permissible use of funds under part A of title
IV,'' regardless of which section of title IV-A would render
the cost impermissible. Thus, even though section 404 of the
Act generally prescribes a state's use of its TANF grant, the
Secretary may apply section 1115(a)(2) to other funds and
costs under title IV-A, including those in section 403.
Can the Secretary permit a state to extend assistance to a
family, Or which assistance would otherwise be prohibited
under Section 408?
Yes. Section 408 of the Act lists additional (i.e., non-
state plan) prohibitions and requirements on the use of IV-A
funds. To the extent that this section prohibits the use of
IV-A funds for certain purposes, the Secretary may use
section 1115(a)(2) to regard a state's expenditures therefor
as permissible. For example, section 408(a)(7) prohibits the
use of its TANF grant to provide assistance to a family for
more than five years. Although this is not a state plan
requirement, and thus may not be waived under section
1115(a)(1), the Secretary may allow a state to use its TANF
grant to provide assistance beyond this five-year period as
part of a demonstration project, using her authority under
section 1115(a)(2).
Can the Secretary provide that a penalty otherwise
applicable under Section 409 does not apply?
No. Section 1115 does not reference section 409 of the Act,
42 U.S.C. Sec. 609, which provides for penalties against
states that violate various provisions of the Act. Section
409 is neither incorporated by section 402 as a state plan
requirement that can be waived under section 1115(a)(1) nor
reflective of costs that would otherwise be impermissible
under title IV-A. However, if the goal is to provide
opportunities for a state to avoid a penalty while
encouraging experimentation, it may be possible to work
within the existing framework of section 409 to find
``reasonable cause,'' if a state's section 1115 project were
to cause it to incur the penalty.
Depending on the kind of penalty at issue, section 409(b)
prohibits the Secretary from imposing a penalty ``if the
Secretary determines that the State has reasonable cause for
failing to comply with the requirement.'' To the extent that
a state fails to meet a requirement due to its participation
in a section 1115 project, it may be appropriate for the
Secretary to find ``reasonable cause'' for the state's
failure. For example, if a State has a section 1115 project
that allows it to spend IV-A funds on assistance beyond the
five-year period authorized in section 408(a)(7), it may be
possible to justify forgoing a penalty under section
409(a)(9) based on the reasonable cause exception, because
the State had permission to use the funds in that manner.
This is similar to the approach taken with respect to waivers
for penalties attributable to providing federally-recognized
good cause domestic violence waivers. See 45 C.F.R.
Sec. 260.58(a) (state must demonstrate that it met work
participation rate requirements except with respect to any
individuals who received a federally-recognized good cause
domestic violence waiver of work participation requirements).
Although section 1115 waivers are not expressly referenced in
the IV-A ``reasonable cause'' regulation, see 45 C.F.R.
Sec. 262.5, the preamble to the rule clarifies that the list
of factors in the rule is not exclusive. Temporary Assistance
for Needy Families Program, 64 Fed. Reg. 17720, 17805 (Apr.
12, 1999) (``we no longer limit ourselves to considering only
these factors. While we do not anticipate routinely
determining that a State had reasonable cause based on other
factors, we do not want to preclude a State from presenting
other circumstances.'').
In addition, section 409(c) of the Act requires that a
state have the opportunity to enter into a corrective
compliance plan for certain penalties. 42 U.S.C. Sec. 609(c).
To the extent that a state's participation in a section 1115
demonstration project adversely impacts its ability to
satisfy requirements covered by section 409, the state may
take this into account in the corrective compliance plan.
Conclusion
Most of the proposals identified in your November 17, 2009,
e-mail appear to be defensible exercises of the Secretary's
discretion under section 1115 of the Act. However, whether a
particular project is legally supportable will depend on the
facts and circumstances surrounding that project. We are
available to assist you, if you decide to pursue further any
of these or other ideas using IV-A funds.
Please contact me at 202-690-8005, if you have any
questions.
ichia
Mr. ROCKEFELLER. Madam President, I would like to take a few moments
with my friend Chairman Leahy to discuss the ongoing importance of the
Children's Health Insurance Program Reauthorization Act's impact on
lawfully residing noncitizen children and pregnant women. In that 2009
legislation, States were given the option to provide Medicaid and State
Children's Health Insurance Program--CHIP--benefits to these
populations without first imposing a waiting period, and many did so as
an investment in future generations. Throughout the debate on S. 744,
some of my colleagues spent a considerable amount of time seeking to
deprive lawfully present noncitizens of the protections of our vital
safety net programs. I consider these efforts to be contrary to the
value that we, as Americans, place on protecting the most vulnerable
among us.
Chairman Leahy's leadership has been critical to the passage of this
historic legislation in the Senate, and I thank him for being a strong
voice in favor of protecting health care benefits for children and
pregnant women. As you know, children's health has been one of my top
priorities throughout my time in the Senate. Although the immigration
reform bill that passed the Senate does limit certain noncitizens'
eligibility for some Federal benefits, I am pleased the Senate chose to
preserve States' rights to extend full Medicaid and State Children's
Health Insurance Program benefits to children and pregnant women
granted legal status under the bill, particularly individuals and
families granted Registered Provisional Immigrant--RPI, Blue Card, and
V-visa status.
[[Page S5334]]
Commonly referred to as the Immigrant Children's Health Improvement
Act--ICHIA, the success of this State option cannot be overstated. In
the 4 years since its passage, 27 States and territories have decided
to exercise the option to extend coverage to lawfully residing
noncitizen children or pregnant women under Medicaid or CHIP without
first imposing a waiting period: California, Colorado, Connecticut,
Northern Mariana Islands, District of Columbia, Delaware, Hawaii,
Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, Montana,
Nebraska, New Jersey, New Mexico, New York, North Carolina, Oregon,
Pennsylvania, Rhode Island, Texas, Vermont, Virginia, Washington, and
Wisconsin. This extension of coverage has literally been a lifeline to
children and pregnant women who cannot afford to wait 5 years for
immunizations, treatment of infections, prenatal care, and other
necessary medical services.
Because the bipartisan immigration bill contains multiple provisions
relating to certain noncitizens' eligibility for federal benefits,
including those under means-tested programs, I would like to take some
time to walk through how the Senate-passed immigration bill does not in
any way limit a State's ability under ICHIA to extend coverage to
children and pregnant women who receive RPI, Blue Card, or V-visa
status.
Under the Centers for Medicare and Medicaid Services'--CMS--guidance
on the definition of ``lawfully residing'' in ICHIA, as long as a
noncitizen child or pregnant woman has established residency in a State
and is ``lawfully present'' in this country, he or she may qualify for
benefits at the State's option. Children and pregnant women granted
RPI, Blue Card, and V-visa status as part of the bipartisan immigration
bill clearly meet this definition. The bill explicitly states that
these categories of noncitizens are ``lawfully present'' in the United
States for all purposes, except for specific benefits and obligations
under the Affordable Care Act.
I will now turn it over to Chairman Leahy to provide some additional
context from the Senate negotiations and the Judiciary Committee mark-
up of S. 744.
Mr. LEAHY. Thank you, Senator Rockefeller. The issues we are
discussing today are extremely important, and I appreciate your
leadership during CHIPRA to allow States to extend Medicaid and CHIP
benefits to pregnant women and children in the first place.
Last week, I came to the floor to express my opposition to amendments
that were designed to punish immigrant families who are living on the
verge of poverty by preventing them from accessing our Federal safety
net. The Judiciary Committee refused to add many of these amendments to
the bill, and I am pleased that the Senate heeded my call to reject the
harshest of these amendments as well.
Now, I would like to repeat something that Senator Rockefeller just
said. The bipartisan immigration reform bill explicitly states that
children and pregnant women granted RPI, Blue Card, and V-visa status
are considered ``lawfully present'' in the United States. It is true
that the bill contains language making these three categories of
immigrants ineligible for ``any Federal means-tested public benefits''
as ``defined and implemented'' in section 403 of the Personal
Responsibility and Work Opportunity Reconciliation Act,--PRWORA, the
Federal law that limits some noncitizens' eligibility for certain
Federal programs. However, this language does not eliminate the States'
right to exercise the ICHIA option.
Mr. ROCKEFELLER. Now, I would like to direct a question to my friend
Chairman Leahy. Just to be clear, provisions in the bipartisan
immigration reform bill do not eliminate a State's right to extend
Medicaid and CHIP to any lawfully residing noncitizen child or pregnant
woman, including those receiving RPI, Blue Card, or V-visa status. Is
this correct, Mr. Chairman?
Mr. LEAHY. Yes, that is correct. Nor was it our intention throughout
the negotiations to eliminate this State right.
Mr. ROCKEFELLER. A closer look at the language in PRWORA and the
Social Security Act confirms that the immigration reform bill does not
eliminate the States' right to use the ICHIA option to provide coverage
to lawfully residing children and pregnant women. The States' option to
extend coverage to these individuals is not ``implemented'' in section
403 of PRWORA, the provision of law impacted by the immigration bill,
but instead exists independent of PRWORA under sections 1903 and 2107
of the Social Security Act.
I would also like to point out to our colleagues that the
Congressional Budget Office--CBO--had a similar interpretation of the
language in S. 744. CBO made an assumption that, under this language,
Federal agencies would permit some individuals with RPI, Blue Card, or
V-visa status to receive benefits from Federal means-tested programs,
and specifically incorporated into its estimate of the bill the costs
of providing Medicaid and CHIP coverage under ICHIA to children and
pregnant women.
Mr. LEAHY. Senator Rockefeller is correct. The Senate had full
knowledge of CBO's interpretation and cost estimate when it negotiated
a bipartisan amendment that became the text of the final bill. We chose
not to modify the provisions relating to the application of benefits
under PRWORA, thus retaining the language that permits coverage under
ICHIA of individuals with RPI, Blue Card, or V-visa status.
During the negotiations, the Senate did accept an amendment which
states that ``No officer or employee of the Federal Government may
waive'' compliance with PRWORA, or the bill's prohibition on accessing
benefits that are defined and implemented in PRWORA. But these
provisions, too, are inapplicable to a State's option under ICHIA. As
my colleague Senator Rockefeller mentioned before, the ICHIA option is
not a product of PRWORA. It exists as an independent right under the
Social Security Act and is therefore unaffected by this section.
Mr. ROCKEFELLER. Moreover, by using the term ``waive'' in section
2323, the Senate is attempting to prohibit Federal officials from using
their waiver authority under certain means-tested programs--such as
those afforded to agencies in relation to demonstration projects--in a
way that would result in noncompliance with PRWORA. This narrow
prohibition on the use of waivers by Federal officials cannot be
construed to prevent the continued implementation of an explicit,
independent statutory right afforded to the states under ICHIA. The
ICHIA option is not a waiver and remains available for States
regardless of any action by an ``officer or employee of the Federal
Government.''
Mr. LEAHY. I would like to point to one final, yet unfortunate,
indication of the Senate's intent to preserve benefits under Medicaid
and CHIP for children and pregnant women granted RPI, Blue Card, and V-
visa status--section 4417. This section was added during negotiations
on the amendment that became the final text of the bill. It directly
amends ICHIA to prohibit States from covering certain individuals who
are lawfully present in the United States on student and tourist visas.
Had the Senate intended to similarly exclude from ICHIA individuals
granted RPI, Blue Card, and V-visa status, it would have explicitly
done so.
Mr. ROCKEFELLER. I share the Chairman's disappointment that the
Senate decided to add section 4417 to explicitly exclude students and
tourists from ICHIA coverage, but I also agree with him that by not
excluding other categories of lawfully residing noncitizens in section
4417, such as those granted RPI, Blue Card, or V-visa status, the
Senate intended to preserve their benefits.
One of the hallmarks of our Nation is our willingness to protect the
most vulnerable among us. People from all over the world want to be
part of America because of our deeply-rooted respect for human dignity.
Although it is not perfect--few laws are--the bipartisan immigration
bill passed by the Senate this week lives up to those values in so many
ways. It brings millions of hard working people out of the shadows,
gives young students an opportunity to earn citizenship by furthering
their education or serving in the military, reunites families who yearn
to spend time with their loved ones, protects victims of domestic
violence, and preserves health care coverage for noncitizen children
and
[[Page S5335]]
pregnant women who earn legal status under the bill.
Immigrants are not under any illusions that they will qualify for
lavish benefits under our Federal programs when they arrive on our
shores. But under this bill, they at least know that when medical needs
arise or a medical disaster strikes, the vast majority of noncitizen
children and pregnant women will be covered.
I yield the floor.
Mr. KING. Madam President, I would like to discuss my J-1 visa
amendment to the immigration bill, which was incorporated into the
Corker-Hoeven amendment. The purpose of the amendment is to increase
transparency and accountability of exchange visitor programs that
operate under the J-1 visa category, while ensuring the continued
existence of the J-1 program.
I proposed the new subtitle I in title III, with the support of my
friend from Wisconsin Mr. Johnson. While the original subtitle F
protections applied across a range of visas that have a work component,
the J-1 visa category is fundamentally different from the other visas
originally included in subtitle F. The J-1 category simply required
separate treatment to ensure increased protection of J-1 visa holders
and the long-term viability of this important diplomatic program.
I appreciate the support of the senior Senator from Connecticut, the
original sponsor of subtitle F, and would like to further clarify the
intent of our amendment.
Throughout the crafting of our amendment, I acknowledged that there
are legitimate concerns with some J-1 programs. There have been
instances in the Summer Work Travel Program where student placements
have been inappropriate for the purposes of true cultural exchange.
As S.744 was reported from the Judiciary Committee, however, the
intended reforms would have made it impossible for high quality
sponsors to continue to administer the Exchange Visitor Program.
Without an amendment, this important public diplomacy tool would have
been lost.
Our amendment strikes ``exchange visitors'' from the definition of
``worker'' in subtitle F. Subtitle F is aimed at foreign labor
contracting activity and creates important new protections for foreign
workers in the U.S.--we did this because J-1 exchange visitors are not
primarily workers, but instead cultural exchange participants. We
believe this amendment to the bill makes clear that neither exchange
visitors nor sponsors of J-1 programs are subject to the new
requirements of Subtitle F, and that J-1 sponsors are not considered
foreign labor contractors or recruiters.
As with any compromise, subtitle I is not 100 percent perfect. But it
includes several important elements. Most vital, the amendment allows
these valuable programs to continue and provides key protections to
ensure participants remain safe. The Department of State has
strengthened its regulations in recent years, and our amendment will
help further that process. I believe our amendment makes the exchange
visitor program stronger and ensures that international students and
American businesses have clearer rules to continue this important
public diplomacy tool.
I appreciate the collaborative effort of my colleagues, particularly
the Senators from Connecticut and Wisconsin, for helping to craft
legislation that improves the J-1 exchange visitor program. I look
forward to continuing to work with them as this bill moves forward.
Mr. ENZI. Madam President, I rise to speak about why this body should
reject the amended version of the immigration bill. I believe our
immigration system is broken. As a matter of fact, I know the Senate
could agree unanimously on the fact that our immigration system is
broken. This includes both the legal system which allows individuals to
visit and work in our country in addition to the failures which
continue to allow others to reside illegally within our borders. The
intentions of the Senate Judiciary Committee and the sponsors of this
bill are correct. Those Senators deserve credit for their work on the
bill over the past few months. However, as we approach final passage on
this legislation I have to say I respectfully disagree with the final
product and its failures to make fixes in several key areas.
The first key fix rests in the fact that the United States remains a
place of opportunity. The whole reason why people want to come to the
United States is because of jobs. In order for immigration reform to
work we must have a strong, workable employment verification system in
place. If Congress can ensure that only authorized job seekers gain
employment in this country, then we remove the incentive for illegal
immigration. Workers who cannot get jobs cannot afford to stay in the
United States illegally. This immigration bill works towards making E-
Verify mandatory. I agree with this goal, but as a former small
business owner familiar with this process, I also recognize that this
bill fails to strengthen protections against the fraudulent use of
identifiers used in the employment process--particularly Social
Security cards and Social Security numbers. Small business owners by
nature do a lot. They mop floors, make sales, greet customers, do the
accounting, set up computers, and pay the bills. However, you should
not have to ask a business owner to act as a customs agent and
determine if the government issued documents presented to them are
authentic. One recent study suggests that the current E-Verify error
rate for unauthorized workers is 54 percent. This is attributed to the
fact that even though the system says that a particular person is
legal, there is no way for the employer to know for certain if that
worker is really who they claim to be.
The proposal before us attempts to address this problem through a
photo-matching tool. However, the verification system does not have
photos for the more than 60 percent of Americans who do not have a U.S.
passport and relies on States to be able to provide driver's license
records on a voluntary basis. This legislation allows a fundamental
flaw in the E-Verify system to exist, making it even more difficult for
employers to ensure that the people they hire are lawful. Several of my
colleagues have filed amendments to fix these problems. I know that
this is something Senator Portman has worked on extensively and I
support his efforts. Unfortunately, the necessary changes have not been
made to E-Verify and it is difficult for me to support a bill knowing
that it fails to provide small business owners with the tools they need
to efficiently and accurately verify the identity of new employees.
Another draw to the United States happens to be the Federal welfare
and tax benefits that workers receive. My colleague Senator Hatch has
been working on several amendments, which I support, that ensures non-
citizens do not benefit from these federal programs. Amendment No. 1246
clarifies that the U.S. Department of Health and Human Services cannot
undermine welfare reform so that non-citizens receive welfare.
Additionally, I support Hatch amendment No. 1247 that ensures back
taxes are collected for applicants under the Registered Provisional
Immigrant program. Failing to fix these draws to our country undermines
immigration reform, incentivizes illegal behavior and adds costs to
Americans who lawfully pay their taxes.
Second, dependable border security and interior enforcement is
crucial to the entire immigration system. I voted for several
amendments in this debate which would enact firm border security and
enforcement triggers. One lesson from previous immigration efforts is
that we cannot reduce illegal immigration without better border
security and entry/exit enforcement measures. I cannot support the
amended version of the bill because it offers false promises about
border security and enforcement measures. I do not understand how the
submission of a border security plan makes our nation safe,
particularly when current law is not being enforced. Border agents are
added but not before the provisions of the underlying bill go into
effect. I think the Senate should take a lesson from history. Failing
to secure the border and ignoring enforcement will not reduce illegal
immigration.
Finally, I think it is also important to discuss why more hasn't been
done to fix the underlying bill. The Senate has been on this bill for
nearly 3 weeks. In that time, the Senate has only voted on nine
amendments. It appears clear
[[Page S5336]]
now that few if any more amendments will be considered as we approach
final passage which makes it difficult to make some real common sense
changes to the bill. I believe that part of the reason is because the
bill is being considered as comprehensive reform. Comprehensive bills
give everyone reason to oppose the bill. This Senate wants a legitimate
fix to immigration. The best way to do that is to focus on it one piece
at a time. For example, had more attention been placed on E-Verify as a
standalone bill, I am confident that we could find a way to ensure that
the program works effectively for small businesses and helps deter the
incentive for illegal behavior.
For these reasons I will be voting against final passage. I
understand that we all want to fix our immigration system, but I cannot
find the resolve to support legislation that misses the mark on so many
levels. I am hopeful that more work will be done on fixing our
immigration system in the interest of our economy, national security
and moral obligations as a country.
Mrs. MURRAY. Madam President, I rise today to discuss the passage of
the comprehensive immigration reform bill. For the first time in a
generation, the Senate has passed a bill that brings us one crucial
step closer to sensible immigration laws. This is a historic day for
the Senate, for our economy, and for families across our country, but
there is more work to be done before this bill becomes law.
When we began consideration of the Border Security, Economic
Opportunity, and Immigration Modernization Act, I gave a speech in
which I quoted from a book that John F. Kennedy wrote while serving in
this Chamber. He wrote, ``Immigration policy should be generous; it
should be fair; it should be flexible. With such a policy we can turn
to the world, and to our own past, with clean hands and a clear
conscience.'' Today we can turn to the world proudly, with a clear
conscience, and say this bill lives up to our ideals and our American
values, to say that it will provide millions of aspiring Americans the
opportunity to come out from the shadows, realize their dream of
citizenship, and be strong threads in the rich fabric of this great
nation.
From the beginning of this process, I have been very clear with my
colleagues regarding my priorities for immigration reform, and this
bill takes steps to achieve each of them. First, this legislation
provides a real pathway to citizenship for the 230,000 undocumented
people already living in Washington State. These families already work
alongside us, attend our churches, and send their children to our
schools--and they deserve the benefits and responsibilities of American
citizenship. This bill also makes important reforms to help our
economy, from agricultural businesses in central and eastern Washington
to our expanding high-tech corridor in the Puget Sound. It can and
should do more, but this legislation includes provisions to treat
immigrants with dignity and help reunite families separated by our
outdated laws. Finally, it provides Washington State's 35,000 DREAMers,
children brought to this country at a very young age, with the chance
they deserve to succeed in America. This bill allows thousands of
undocumented families in my home State of Washington who work hard and
play by the rules to leave the shadows--to no longer live in constant
fear of being separated from their loved ones.
I am also pleased this bill offers important reforms in the
employment-based immigration system. There is a clear need to expand
legal avenues for workers to immigrate to the United Sates in a safe
and orderly manner. The size of this workforce must be flexible to meet
the needs of our diverse industries and must be responsive to changes
in our economy. This bill is a step in the right direction. It will
allow the immigration system to be more responsive to the needs of the
marketplace and will enable businesses to attract and retain a capable,
stable, and legal workforce.
This bill isn't perfect and it is not the bill I would write on my
own, but it is the result of a bipartisan compromise, and I am proud to
support it as a strong step in the right direction. Although I have
concerns about some elements of the bill, it makes critical changes to
our broken system that will strengthen our country and grow our
economy.
Over the past weeks, I offered a number of amendments that would have
made commonsense improvements to the bill. Importantly, three of my
amendments would have made this bill more inclusive of women.
Too often women in the developing world are not offered the same
educational and employment opportunities afforded to men in those
countries. This fact places women at a competitive disadvantage under a
merit-based system that rewards education, job promotion, and career
advancement. That is why I worked with my colleagues, Senator Mazie
Hirono of Hawaii and Senator Lisa Murkowski of Alaska, to introduce my
first amendment, which would provide 30,000 green cards for occupations
held by lower income immigrant women in the United States. Our
amendment would accomplish this by creating a third tier in the merit-
based point system that would have complemented the highly educated
tier one system and the moderate to lower skilled tier two system.
I was deeply disturbed to learn that some pregnant women in
immigration detention are shackled, including during labor and
delivery. While the Department of Homeland Security recently adopted
performance standards that prohibit the shackling of pregnant detainees
absent extraordinary circumstances, a significant portion of
Immigration and Customs Enforcement, ICE, detainees are held in county
jails by local law enforcement. These holding centers are not required
to follow the Department's standards.
Shackling during labor, delivery, and postpartum recovery increases
the risk of harm to the fetus, it inhibits medical staff's ability to
respond to emergencies, and it increases the discomfort and pain of the
childbirth. That is why I introduced my second amendment to extend the
prohibition against shackling to include all pregnant women held for
immigration purposes, including those held under an immigration
detainer issued by a Federal agency. This bipartisan amendment,
cosponsored by Senator Mike Crapo of Idaho, provided for certain
exceptions to the ban due to extraordinary circumstances, while also
prohibiting certain types of restraints known to cause tripping,
falling, or that stop a mother from using her hands to break her fall.
Simply put, a woman should never have to endure the pain, embarrassment
and extreme discomfort of being restrained while giving birth to her
child, nor should she have to fear she will lose her child because of
the way in which she is detained. Our immigration enforcement policy
should always uphold our commitment to civil liberties and safeguard
the dignity that every mother deserves. My amendment would have done
just that.
My third amendment would have extended protections for the most
vulnerable, including domestic violence survivors whose visa depends on
their abuser's sponsorship. I drafted a comprehensive amendment
designed to protect immigrant survivors of domestic violence, sexual
assault, human trafficking, stalking, and dating violence. It would
have extended judicial review in certain cases, would have modified the
Violence Against Women Act, VAWA, cancellation of removal process, and
would have provided training for Federal officers on vulnerable
populations, among other protections. It would have also extended
certain safety-net benefits to immigrant survivors to help them escape
violence, gain independence, and recover from physical and emotional
abuse.
I am going to keep working to improve this bill as it continues in
the legislative process, and when it becomes law, I am going to work to
ensure it is implemented in a way that works for families and
communities. We must start by pairing unprecedented spending on new
border security with responsible oversight, so I will be working
closely with the Department of Homeland Security to ensure our efforts
to secure the border do not violate the civil liberties of American
families and communities. I am proud my amendment to address
warrantless stops and searches in broad border zones is included in
this bill, but for immediate border communities, we can't stop there.
[[Page S5337]]
That is why I offered an amendment that would have strengthened the
Department of Homeland Security's Office for Civil Rights and Civil
Liberties by amending current law to clarify its jurisdiction and the
scope of its authority to conduct investigations, require greater
transparency in its reporting requirements to Congress, and ensure the
Department's timely implementation of its recommendations and findings.
Essentially, the amendment would have provided the office with the
tools it needs to conduct effective oversight, provide substantial and
timely responses, and to protect the Department's commitment to civil
rights and liberties.
I also authored an amendment that would have required the Department
to report on the use of force during immigration enforcement. By better
understanding how and why force is being used, the Department would
have been better equipped to ensure its policies and training promote
and protect effective and humane enforcement practices. While I am
committed to proving Federal law enforcement and border security the
resources, training, and personnel they require, Congress must also
ensure detainees are treated with respect and dignity. I will be
working closely with the Department of Homeland Security to ensure our
efforts to secure the border don't violate the civil liberties of
American families and communities.
I have also introduced a number of other amendments over the past
weeks, including an amendment to provide DREAMers access to affordable
college education. I was disappointed these amendments were not added
to the bill, but I will continue to work with my colleagues to push for
these commonsense reforms.
Although I have concerns about some elements of the bill, it makes
critical changes to our broken system that will strengthen our country,
grow our economy, and finally allow millions of families to gain
citizenship and chase their dreams without fear of deportation. This
sweeping legislation is a step in the right direction, and I am proud
to cast my vote today in support of S. 744, Border Security, Economic
Opportunity, and Immigration Modernization Act.
Mr. LEVIN. Madam President, I will support the Border Security,
Economic Opportunity, and Immigration Modernization Act.
This comprehensive approach will bring order to the visa program for
H-1B applications and H-2A agricultural guest workers, thereby
enhancing their contributions to the U.S. economy.
The legislation protects our workforce by ensuring that employers who
knowingly hire, recruit, refer, or continue to employ an unauthorized
immigrant or fail to comply with E-Verify requirements are
appropriately sanctioned.
I believe that it is imperative that those who followed the rules
receive legal status before those who didn't, and this bill does that.
The bill also creates a tough but fair legalization process for
undocumented immigrants to apply for registered provisional immigrant,
RPI status if they have been in the U.S. since December 31, 2011, have
not been convicted of a felony or three or more misdemeanors, pay their
assessed taxes, pass background checks, and pay penalty fees.
The bill recognizes those who came here as young children illegally,
through no fault of their own, and provides them with an expedited
pathway to legal permanent residence status.
The bill also includes provisions supported by both labor and
business organizations that update the nonimmigrant visa processes to
respond to workforce needs. It includes important provisions to help
unify families and to support adoptions. And it corrects problems that
we currently have in the immigration removal, detention, and court
processes and increases penalties for those who engage in criminal
activity.
It protects refugees, who come to our country seeking protection from
persecution. The bill streamlines processing in refugee and asylum
cases by eliminating the 1-year asylum filing deadline, eliminating
family reunification barriers for asylees and refugees, authorizing
streamlined processing of certain high-risk refugee groups, giving
trained asylum officers initial jurisdiction over an asylum claim after
credible fear is shown, and permits qualified stateless individuals to
apply for lawful permanent resident status.
This legislation will help our economy grow. And according to the
Congressional Budget Office, the legislation will decrease Federal
budget deficits by about $197 billion over the 2014-2023 period. It
will increase Federal revenues by $459 billion over the 2014-2023
period.
I congratulate and thank my colleagues for all of their hard work on
this important legislation. The Senate worked in a bipartisan fashion
on a nonpartisan issue. I am hopeful that the House of Representatives
will do the same.
Logging Employment
Ms. COLLINS. Madam President, I rise to speak on an issue of
significant importance to the forest products industry in Maine. I am
pleased to be joined here by my colleague from Maine, Senator King. We
have both heard from a number of our constituents in Maine who are
concerned about the ambiguity in the bill that is currently before the
Senate, the Border Security, Economic Opportunity, and Immigration
Modernization Act, with regard to the definition of ``agriculture
employment'' for the purposes of the proposed W agriculture visa
program. I would like to turn to Senator King to elaborate on the
concerns that we've heard from constituents in our State.
Mr. KING. I thank Senator Collins for her work on this issue. During
the last logging season, 79 logging workers were granted H-2A visas for
work in Maine. They were able to do this because the Department of
Labor included logging employment as a covered occupation for the H-2A
program by a December 18, 2008 rule. In the rule, the Department noted
that they received two comments in support of including logging
employment and no comments in opposition for purposes of the H-2A
program. The Maine companies we have heard from are not looking for a
special carve-out for the logging industry, but they want to make sure
that their industry, which currently uses the H-2A program, is not
excluded from the new W program that would replace the H-2A program. I
ask the Senator from Vermont, who had such a hand in crafting this
legislation, whether it is his understanding that the logging industry,
specifically logging employment, as defined in title 20 of the Code of
Federal Regulations in section 655.103(c)(4), would be able to access
the new W agricultural program just as they have the H-2A program.
Mr. LEAHY. I thank the Senators from Maine for raising this issue. I
would be glad to clarify that the intent of the legislation is not to
exclude logging employment as defined in title 20 of the Code of
Federal Regulations in section 655.103(c)(4) from the definition of
``agriculture employment'' for purposes of the new W agricultural visa,
which will eventually replace the H-2A program. Consequently, logging
employment would be covered in the definition of ``agricultural
employment'' for purposes of the new W agricultural visa program. I
also understand from Senator Feinstein, the author of these provisions,
that it was not the intent of the measure to exclude logging employment
from the new W visa program for agricultural workers.
Mr. GRASSLEY. I do not support the overall Senate legislation as it
is drafted. On this particular matter, I agree with Chairman Leahy that
logging employment would be covered in the definition of ``agricultural
employment'' for purposes of the new W agricultural visa program. Those
workers that previously had access to the H-2A program should have
access to the new W agricultural visa program.
Ms. COLLINS: I thank my colleagues for this clarification. This will
maintain the status quo by allowing loggers, who currently enter the
United States under the H-2A program, to enter the United States under
the new W agricultural visa program. A reliable supply of labor, when
American workers are not available, is critical for downstream
industries such as paper mills in Maine.
I now wish to speak on an issue of significant importance to the
forest products industry in Maine. The immigration bill before the
Senate contains an ambiguity related to the definition of
``agricultural employment'' for purposes of the new W agriculture visa
[[Page S5338]]
program. Currently, logging employment is included in the H-2A visa
program, pursuant to a rule adopted by the Department of Labor in 2008.
The new W agricultural visa program will replace the H-2A visa program.
Therefore, I wanted to make sure the logging workers who are currently
eligible for the H-2A visa will be eligible for the new W agricultural
visa program. My constituents are not asking for a carve-out or special
favor. They are simply asking that the status quo be maintained in the
new program.
Consequently, my colleague, Senator King, and I engaged in a colloquy
with the managers of the bill, Senators Leahy and Grassley, to clarify
that the intent of the legislation is not to exclude logging
employment, as defined in title 20 of the Code of Federal Regulations
in section 655.103(c)(4), from the definition of ``agricultural
employment'' for purposes of the new W agricultural visa program. I am
grateful to my colleagues for making this clarification.
In addition, I received a letter from Secretary Vilsack of the U.S.
Department of Agriculture on this issue.
Mr. President, I ask unanimous consent that this letter be printed in
the Record.
In this letter, Secretary Vilsack said that he is committed to
working with Congress on this issue and working ``to implement the W
Agricultural Visa program so that it covers logging to the extent
possible, since those workers have historically been eligible for the
prior H-2A agricultural worker program.'' I thank Secretary Vilsack for
his commitment and look forward to working with him on this topic.
This is an important issue to my State of Maine and I thank my
colleagues and Secretary Vilsack for working with me on this issue.
There being no objection, the material was ordered to be printed in
the Record, as follows:
U.S. Department of
Agriculture,
Washington, DC, June 26, 2013.
Hon. Susan M. Collins,
U.S. Senate, Dirksen Senate Office Building, Washington, DC.
Dear Senator Collins: Thank you for taking the time to meet
with me on Monday to discuss S. 744, the Border Security,
Economic Opportunity, and Immigration Modernization Act and
the benefits it brings to agriculture and rural communities.
As I mentioned, S. 744 will create a new role for the U.S.
Department of Agriculture (USDA) and a new structure for
agricultural labor. This new program is the product of
extensive bi-partisan negotiations and also reflects a
consensus among agricultural and farm worker leaders.
During our meeting, you expressed concern about temporary
logging employees and whether they will be included in the
new W agricultural visa. As you mentioned, these workers will
no longer be considered agricultural workers because S. 744
uses the definition set forth by the Migrant Seasonal Worker
Protection Act, which excludes logging employees.
At my request, USDA staff looked into this and provided
clarification and perhaps some good news. Logging employees,
to the extent they would be considered non-agricultural
workers, would be eligible to enter under the new W non-
immigrant visa for low-skilled guest workers. Moreover, I am
committed to working with you and members of Congress to
address this important issue as legislation moves forward. I
would also work to implement the W agricultural visa program
so that it covers logging to the extent possible, since those
workers have historically been eligible for the prior H-2A
agricultural worker program.
I am convinced that S. 744 is essential to the continued
success of American agriculture.
Sincerely,
Thomas J. Vilsack,
Secretary.
National Guard
Mr. LEVIN. Madam President, I wish to enter into a colloquy with my
distinguished friends, Senator Schumer and Senator McCain, concerning a
provision in the underlying immigration bill, S. 744. They have both
played a crucial leading role in moving this important legislation
forward.
Section 1103 of the immigration bill concerns the authority of
National Guard forces to provide support to U.S. Customs and Border
Protection to assist in the security of the southern border of the
United States. The Department of Defense has a number of concerns about
this provision and has proposed several ideas for our consideration to
address their concerns at the appropriate time.
The Department's concerns are related to language in section 1103
that might have unintended consequences, such as potentially breaching
the personnel end-strength levels that are authorized and funded in the
annual National Defense Authorization Act or imposing large costs on
the Defense Department for a mission of the Department of Homeland
Security. The Department would also want to ensure that the authority
for Defense Department support for border security, including National
Guard support, resides with the Secretary of Defense.
These concerns are entirely consistent with the crucial objective of
protecting the security of our southern border and making sure that the
Department of Defense can provide support to U.S. Customs and Border
Protection to ensure the success of that mission, as the Department has
already been doing for more than half a decade.
I would ask my colleagues if they are aware of the concerns of the
Department of Defense with respect to section 1103 and of the
Department's suggestions to address those concerns. I would also ask if
they would be willing, at the appropriate time, to consider the
Department's concerns and its suggestions for potential adjustments to
the legislation that would address the Department's concerns.
Mr. SCHUMER. Madam President, I would tell my friend from Michigan,
the chairman of the Armed Services Committee, that I am aware that the
Department of Defense has some concerns with respect to section 1103
and also that it has some suggestions for our consideration to address
those concerns. I would also tell my friend from Michigan that I would
be willing, at the appropriate time, to consider such suggestions in
order to address the Department's concerns.
Mr. McCAIN. Madam President, I join my friend from New York in
stating that I am aware that the Department of Defense has a number of
concerns with section 1103 and some ideas on how to address those
concerns while allowing us to take the necessary steps to ensure the
security of our southern border. I would also tell my friend from
Michigan, with whom I have served for many years on the Armed Services
Committee, that I would be willing, at the appropriate point, to
consider ideas to address the Defense Department's concerns.
The PRESIDING OFFICER. The majority leader.
Mr. REID. Madam President, I now ask unanimous consent that at 4 p.m.
today all postcloture time be considered expired; the bill, as amended,
be read a third time, and the Senate proceed to vote on passage of the
bill, as amended; that the time until 4 p.m. be equally divided between
the Chair and ranking member or their designees, with the final 20
minutes equally divided, with the majority leader--that's me--
controlling the final 10 minutes; further, the following Senators have
8 minutes each from the majority's time: Flake, Bennet, Rubio,
Menendez, Graham, Durbin, McCain, and Schumer; and Senator Landrieu has
5 minutes from the majority's time; and on all quorum calls, if there
is a quorum call, time will be equally divided between the two parties.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from Louisiana.
Ms. LANDRIEU. Madam President, let me begin by thanking the majority
leader for his extraordinary leadership on this bill--and both sides,
it has been a very tough negotiation. The Gang of 8--Senator Flake,
Senator Bennet, Senator Rubio, Senator Menendez, Senator Graham,
Senator Durbin, Senator McCain, and Senator Schumer--have worked very
hard to bring a bill to the floor that, in my view, is not perfect, but
it is balanced. It accomplishes many of the principles of fixing our
broken immigration system. They have worked extraordinarily hard.
Let me also thank Senator Leahy and Senator Grassley as the chair and
ranking member of the Judiciary Committee that considered more than 300
amendments and voted on 121. I am disappointed, as are many people,
that we did not get more votes on the floor, but I came to the floor
earlier in the week and predicted that would happen. It is unfortunate,
but it is not the first time. I have seen this movie.
Members on the other side are disappointed, some of us are
disappointed, and we are hoping we can find a more
[[Page S5339]]
productive way forward. That is why I have spent some time on the floor
talking about a step toward a more productive way.
A few of us on both sides of this debate--some of us are voting
against the bill, and some of us are voting for the bill--have been
working on a small package of amendments that have bipartisan support,
no substantive objection, and we are trying to get a short, small list
cleared by both sides. We have been working on this all week.
I appreciate the patience of every Member of the Senate because this
has been a very tense, very emotional debate for many Members. As I
have said, in a goodwill attempt to get the Senate moving in a little
bit better direction toward bipartisanship and goodwill, I am not going
to ask to push this vote back--which would be my right to do, but I
will not. Many Members have important schedules to keep and commitments
to keep, as do I.
I will be circulating a list. I believe I will be circulating it with
Senator Coats, who is going to be voting against the bill. I am going
to be voting for the bill. We are going to be circulating within the
next 2 hours a short list of the amendments that we believe have been
cleared by both the Judiciary Committee and the majority and minority.
I am not going to provide the list at this period because it has been
reviewed in various shapes and ways throughout the week.
We are working with Senator Leahy and working with Senator Grassley.
Just so people understand--hopefully, if they are not convinced how
sincere I am about this, I want my colleagues to know I am removing my
amendments from this list. There will be no Landrieu amendments on this
list. This is not an attempt to get Landrieu amendments passed, as
important as I think they are. I am fortunate that I got in at least
one amendment for adopted kids on the bill. I am not complaining. That
is the way it goes. But I don't want people to think I am trying to get
a unanimous consent on my amendments, so I am taking my amendments off
the list. It will not be circulated.
The list that will be circulated is by leaders, both Republicans and
Democrats, who have--could I have order, please?
The PRESIDING OFFICER. The Senate will be in order. The Senator from
Louisiana.
Ms. LANDRIEU. The list of amendments that will be circulated has
Democratic and Republican sponsors that have been cleared by Senator
Grassley and Senator Leahy. They will work with their individual
Members to see if the list can be cleared. There will be no votes, as
is the unanimous consent. It will have to be done, as we call it here,
hot-lined, and we will have to have 100 of us say yes. But I am asking
my colleagues to say yes. I am asking them to say yes, to take a step
in the right direction. I am not accusing anyone of anything. I am not
blaming the Democrats or the Republicans.
I am just saying I think we should take a small step toward trying to
get the Senate back on track. I don't know what is going to happen
after the immigration bill, if we are going to engage in any rule
change. I have tried not to make any inflammatory statements about that
one way or the other.
This is a sincere effort on my part--and Senator Coats has been
helpful as well--to try to put forth a small package. I am not asking
for a debate or a rollcall vote. It would have to be done by consent in
a small package, and I am removing my amendments.
I thank the Senate. I am asking all of my colleagues--it is going to
take 100 of us. If one person says no, this will be stopped. I hope we
can end on a more positive note. A lot of hard work has gone into this
bill. I know there are terrible disappointments. I am not one of those
who are disappointed. I am happy with the outcome.
I am trying to help get a small package that people have been working
on that will not affect the number of this vote in any way. The vote is
going to be the same. It is going to be 68 to 32. Was that the final
vote? That is what it is going to be at 4 p.m. It is not going to
change a thing. It will solve some problems several people have on
subjects that are important to the constituents we represent at home.
Again, I am taking my amendments off the list.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. FLAKE. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. FLAKE. Madam President, I rise today as the Senate is on the
verge of passing immigration reform by what may well be a historic
bipartisan majority. It has been my honor and privilege to have a role
in moving this legislation forward.
We are moving one step closer to fixing our broken immigration
system. This is a system Arizonans have dealt with for far too long.
The situation along our southern border has grown increasingly
untenable. The Tucson sector just recently lost the dubious distinction
of being the most active Border Patrol sector.
The status quo is now a considerable volume of traffic as well as
theft, vandalism, and drug smuggling. This has created a situation that
is ever more dangerous for Arizona border residents. Never was this
more poignant than with the tragic 2010 death of Rob Krentz, a
prominent member of the ranching community on the border. He was most
likely killed by an incident related to illegal smuggling. I last spoke
to Rob's brother Phil just this morning.
Despite claims that the border is now more secure than ever, Arizona
ranchers know quite the opposite. Beyond the border area, Arizona
remains a State struggling under the weight of a sizeable undocumented
population.
As I said before, this situation helps no one. It doesn't help those
who are undocumented and living in the shadows, it doesn't help State
and local governments that are bearing the burden, and it doesn't help
employers who are struggling to find a legal workforce.
It is against this backdrop that the Senate moves toward approving
legislation that takes dramatic steps in addressing border security,
provides a tough but fair solution for those who are here illegally,
and spurs economic growth by modernizing our legal immigration system.
Obviously, this legislation is not without its critics. Opponents
will point to the legislative process and claim it was flawed. I must
admit that while no process for considering legislation is perfect,
this bill was made available early. It was also thoroughly vetted under
regular order in the committee. While I share the frustration that
there haven't been more amendments considered on the Senate floor, this
body has now spent 3 weeks debating the bill on the floor.
We have heard that the bill affords too much discretion to the
Secretary of the Department of Homeland Security and does little for
border security. The Hoeven-Corker amendment, adopted by a wide
bipartisan majority, removes much of that discretion from the Secretary
when it comes to border strategy by designating a minimum level of
technologies to be deployed per sector.
In addition, the Hoeven-Corker amendment dramatically increases the
resources provided to secure the border by requiring double the number
of Border Patrol agents and 700 miles of fence. These have to be
completed before anyone adjusts status.
We have heard claims the bill weakens existing law. To the contrary,
this legislation takes credible steps toward implementing an entry-exit
system to tell us who has and who has not left the country. It makes
progress toward achieving the goal of a biometric approach to this
system.
At this point it is difficult to take seriously criticism that the
bill does not go far enough on border security.
I should point out that the very day the Hoeven-Corker amendment was
filed, a CNN headline read ``Four Bodies Found in Arizona Desert.''
Four more deceased immigrants had been located near Gila Bend.
This is an issue that plays for keeps. It is in everyone's interest
that we gain control of the border.
The unprecedented level of resources this bill provides, coupled with
the mandatory employment verification system and guest worker plans to
allow for future flows, is much needed and it takes the right steps to
get us there.
[[Page S5340]]
As in previous immigration debates, there are those who claim this
legislation is amnesty. To the contrary, this legislation provides for
a provisional status for those who are already here as a means to
bringing undocumented immigrants out of the shadows. It requires them
to meet eligibility criteria, pass a background check, make good on any
tax liability, and pay a fee and a fine. Before anyone can apply for a
green card, they have to pay an additional fee and fine, pass another
background check, continue paying taxes, learn English and civics, and
prove that they have been employed.
Even then, there is no less than a 10-year waiting period before
anyone can begin to apply, and that can only happen if the border
agents have been hired, the border strategy has been employed, the
mandatory E-Verify system is being used by all employers, 700 miles of
fence are on the border, and an entry-exit system is implemented for
all air and sea ports of entry.
Much of the focus of the legislation has been on the border security
and legalization provisions, but just as important are the critical
steps included to modernize our legal immigration system.
The U.S. economy has to stay on the cutting edge of innovation and
global competitiveness. When the best and brightest come here to study,
we need to allow them to stay.
I am pleased to say the provisions I have previously pushed for as
part of the STAPLE Act were included in this legislation. Those with
advanced degrees in the so-called STEM fields will be exempt from caps
on green card applications.
This bill moves our legal immigration further toward a merit-based
approach, increases the cap on H-1B visas significantly, provides an
avenue for foreign-born entrepreneurs, and creates better programs for
both agricultural and nonagricultural temporary workers.
When asked about the impact of these changes, the Arizona Chamber of
Commerce and Industry president, without missing a beat, said:
These will provide rocket fuel to the economy.
The Congressional Budget Office, in different words, said much the
same thing. Over the period of the next 10 years, GDP is estimated to
increase by 3.3 percent as a result of this legislation and by 5.4
percent by 2033.
Let me say in the few minutes I have remaining that for me, coming
from rural Arizona, there is a personal background for immigration
reform. Much of my youth was spent on a 200-acre alfalfa field north of
Snowflake, AZ, where I grew up. Along with my father and six brothers,
I planted hay, cut hay, hauled hay, and moved sprinkler pipes--miles of
sprinkler pipes. I even lost the end of my right index finger on that
alfalfa field. The chores we performed changed with the season, but
there was one constant: We worked alongside undocumented migrant labor,
largely from Mexico, who worked harder than we did under conditions
much more difficult than we endured.
Since that time, I have harbored a feeling of admiration and respect
for those who have come to risk life and limb and sacrifice so much to
provide a better life for themselves and their families.
As I explained earlier in my remarks, there are many who are here in
an undocumented status who do not fit the sketch I have just described.
It is our lot here in Congress to fashion an agreement that deals with
the myriad motives, reasons, intentions, and purposes that have brought
people here illegally.
Along those lines, let me close by saying a few words about the path
to citizenship included as part of this legislation. I recognize that
there are those who are here who hold the position that no one who has
entered this country illegally should ever be able to become a U.S.
citizen. My own feeling is citizenship should be treasured and valued--
and possible--for those who qualify and who are willing to comply with
the provisions set forth in this legislation. If someone is going to be
in this country for 20 or 30 or 40 or 50 years, I want them to
assimilate. I want them to have the rights and, more importantly, the
responsibilities that come with citizenship. Such assimilation is what
sets our country apart. It is quintessentially American. It is the
right policy.
I will be proud to cast my vote in favor of this legislation, and it
is my hope it will become law.
I yield the floor.
The PRESIDING OFFICER (Mr. Heinrich). The Senator from Colorado.
Mr. BENNET. Mr. President, I wish to start by thanking the able
Senator from Arizona for his statement, for his leadership, and for his
incredible work on this bill. I wish to thank all of my colleagues who
have been in this so-called Gang of 8, both Democrats and Republicans,
including Chuck Schumer and Dick Durbin and Bob Menendez on the
Democratic side. But today I especially want to thank the Republican
Members of this group, led by John McCain, and including Lindsey
Graham, Jeff Flake, and Marco Rubio, for their extraordinary
leadership. For reasons everybody in this Chamber understands, their
willingness to be at the table and to stay at the table was an act of
leadership unlike any other I have seen in this Chamber in the 4 years
I have served here. We would never be here today voting to fix our
broken immigration system were it not for them. So on behalf of the
people I represent in Colorado I thank them.
For me this all started in Colorado, because everywhere I went I
heard people talk about how the broken immigration system was affecting
them. I would hear the peach growers in Palisades say one thing and the
cattle ranchers on the eastern plains say something else. The immigrant
rights community, many of whom represented children in my old school
district, our high-tech community, our ski resorts--everybody was
feeling the pain of a broken immigration system that Washington was
refusing to fix and they had actually given up hope that Washington
would fix it.
They didn't know each other cared about this issue, so we pulled them
together over about a 2-year period. We had hundreds of meetings and
traveled thousands of miles in the State to create something called the
Colorado Compact, a statement of six principles about what Colorado
expected immigration reform to look like.
Now that we have come to the end of this process--we have come to the
end of the Gang of 8, finishing the Judiciary Committee proceedings,
the work on the floor--I can say this bill is entirely consistent--it
is not identical, but it is entirely consistent with those principles.
The first of those principles of the Colorado Compact is immigration
is a Federal responsibility. This is not something that should be done
State by State by State in this country. The Founders themselves
recognized this because they put the regulation of immigration in the
Constitution and charged the U.S. Congress as our obligation to deal
with it. That was the first principle.
The second principle was ensuring our national security. This bill
meets that test as well. It is the strongest border security bill ever
passed in the Senate. It doubles the number of Border Patrol agents on
the southern border. We build 700 miles of fencing. It adds new
technologies. We spend nearly $50 billion on border security.
I believe we should have a secure border. In Washington this becomes
a trade. For me, it is not a trade. We should have a secure border, and
we should have a pathway to citizenship, and this bill accomplishes
both.
The people in Colorado who wrote this Colorado Compact called for
more effective enforcement of our immigration law, and this bill will
give them that. It includes a fully operational, biographic, and
biometric entry-exit system, more effective measures to detect fraud
and abuse of our visa system, and an employment verification system to
be used by all employers. This is all in this bill. That has not been
in prior efforts that either passed or failed in the Congress, but it
is in this bill, and it is a critical part to making sure we don't end
up here again.
The Colorado Compact said we should have a bill that strengthens our
economy. This bill meets that test with a visa system much better
aligned for our 21st century economy--a merit-based system. We have
high-tech and INVEST visas, visas for agriculture that will give our
farmers and ranchers a fighting chance to hold on to their
[[Page S5341]]
farms and to their ranches, and give the people who are working in that
industry much-needed relief. There are great benefits for our tourism
and ski industry as well. And, on top of everything else, the
Congressional Budget Office tells us this bill doesn't increase our
deficit but reduces it over the first 10 years by $197 billion and over
the next 10 years by $700 billion.
Colorado said we want a bill that is focused on families and keeping
families together. This bill does that by clearing the green card
backlog and ensuring family members are able to reunite more quickly.
There is better protection for children in detention and the
immigration court system.
Finally, we call for a commonsense approach to the 11 million, and
this bill does that with a tough but fair path to citizenship for the
11 million.
As so many people in this Chamber, my life story is a story of
immigration because I am the son of an immigrant. My mom was born in
Poland in 1938 while Nazi tanks massed at the border. She and her
parents miraculously survived one of the worst human events in our
history: The Holocaust. After going to Sweden and Mexico City, they
were able to come to New York City in 1950. My mom was almost 12 years
old. She is the only one in the family who can speak any English at
all.
On my first birthday--this is 1965, so 15 years after they came to
the country--my grandparents sent me a birthday card. This is the card
they wrote. Here is what they said, in English, by the way. They said
this in English:
The ancient Greeks gave the world the high ideals of
democracy, in search of which your dear mother and we came to
the hospitable shores of beautiful America in 1950. We have
been happy here ever since, beyond our greatest dreams and
expectations, with democracy, freedom, and love, and
humanity's greatest treasure. We hope that when you grow up,
you will help to develop in other parts of the world a
greater understanding of these American values.
They had only been in this country for 15 years. They didn't speak
English when they got here. They had survived the most horrific event
of the 20th century, and this was the place that gave them hope and,
more than that, it allowed them to rebuild their lives in the only
country in the world where they thought they could.
This bill reaffirms we are a Nation that respects the rule of law and
reaffirms our history that we are a Nation of immigrants, and it will
keep that hope alive for millions of people, both here and abroad, for
years to come.
I urge a ``yes'' vote on this bill.
With that, I yield the floor.
The PRESIDING OFFICER. The assistant majority leader.
Mr. DURBIN. Mr. President, I wish to ask how much time has been
consumed by the proponents of the measure.
The PRESIDING OFFICER. Approximately 23 minutes.
Mr. DURBIN. How much time has been consumed by the opponents of the
measure?
The PRESIDING OFFICER. No time has been consumed by the opponents.
Mr. DURBIN. Well, I am going to suggest the absence of a quorum and
ask that the time in the quorum call be charged against the opponents'
time, up to 23 minutes, so we can have some equalization in terms of
use of time on the floor. It is my understanding--unless Senator Blunt
is coming to the floor to speak?
Mr. BLUNT. I am.
Mr. DURBIN. I withdraw my request.
The PRESIDING OFFICER. The request is withdrawn.
The Senator from Missouri.
Mr. BLUNT. Mr. President, I thank you for the time.
I want to talk about the hard work my colleagues have put in on this
bill. It looks as though it is going to get a number of votes today. It
will not be getting mine.
I think it is important, as we look at these issues, to understand
that once a bill actually gets to the President's desk and gets signed
into law, we are probably not going to visit this again for a long
time.
I think it does not put border security first or it does not address
what I have more and more grown to think of as the other border, which
is the hiring desk. The nonpartisan Congressional Budget Office said
the underlying Senate bill would only cut illegal immigration by 25
percent. It does not seem to me that is nearly good enough.
I think the estimate was that if this bill did not pass, 10 million
people would come into the country in the next 10 years. If it does
pass, 7.5 million people would come into the country in the next 10
years illegally. Some of them will come across the border. A lot of
them come here now legally and then they just stay. I do not see
anything in this bill that does what we could be doing there.
I voted against proceeding to the amendment this week, the Hoeven-
Corker amendment, because I did not think it really focused--as the
Cornyn amendment did that I cosponsored--on granting legal status only
after we get the border secured rather than doing it before.
In my view, these challenges need to be met. What do we do about the
workforce needs of the country? What do we do about people who came
here illegally or came here legally and stayed then illegally?
But it is important to understand that as long as it has taken to
even get to this point, once a bill passes, we are probably not going
to go back and say: Gee, I wish we had done this or I wish we had done
that.
In addition, under the bill, the only requirement before legalization
can begin is for the Secretary of the Department of Homeland Security
to simply submit a border security plan to the Congress. There are lots
of plans and a lot of them are talked about in this building. Some of
them work; some of them do not work. But this does not require any
further approval or verification of the plan.
The amendment I supported that Senator Corker was the principal
sponsor on said you would have to meet some metrics, you would have to
have some measures you know you could prove and would be willing to
certify.
Everybody seems willing to admit that 100-percent awareness of what
goes on on the border is possible. So if 100-percent awareness is
possible, why isn't it possible--if you know 100 percent of what is
going on and can watch the whole border--why isn't it possible to be
able to certify a certain number of people are being stopped every year
and that the border is not totally and completely and absolutely secure
but meets a level of operational control the American people have a
right to expect?
The $46.3 billion for border security is mandatory funding, but the
amendment only requires $8.3 billion of that $46 billion to come from
fees, leaving taxpayers on the hook for another $38 billion, again,
without the other half of the problem--people who come to our country
legally for a short period of time and then stay--being dealt with. If
we do not deal with that, we have not dealt with the problem.
Mr. President, 20,000 additional border agents and $4.5 billion for
additional border technology is not a strategic plan. It seems to me it
is throwing a lot of money at a plan and hoping it works.
I read lots of people's comments on this who say: Well, we have
overdone what needed to be done here, but we have underdone the things
you ultimately are going to have to do to fix this problem.
This measure also provides $1.5 billion over the next 2 years to
provide jobs for Americans between the ages of 16 and 24. While jobs
for young workers are a priority, it has nothing to do with immigration
reform. I think it had something to do with one of the additional
votes. If what I read is true, this is something someone insisted be in
this bill. I think we have to understand we would do a lot more to put
young Americans to work if we had commonsense regulatory policies and
commonsense energy policies.
Several editorial boards criticized amendments I cosponsored as
poison pills because they considered them too costly to enforce what we
were trying to do. One of the amendments I sponsored said we would have
5,000 extra people at the border, and editorial board after editorial
board said: Oh, that is too expensive. It is a poison pill that will
kill the bill. Those same people are now supportive of the bill that
adds 20,000 people working at the border.
During the debate I cosponsored other amendments I sought that were
defeated. These amendments were in
[[Page S5342]]
addition to Senator Cornyn's amendment, the RESULTS amendment,
requiring DHS to have situational awareness and control of the border.
Senator Lee had an amendment requiring congressional approval of the
border plan that would come from the Department of Homeland Security.
What would be wrong with that: congressional approval, so every year
Congress continues to be engaged with the funds it takes to do what
needs to be done, as well as the plan it takes?
Senator Grassley had an amendment requiring the border would have to
be ``effectively'' secured for 6 months before the Department of
Homeland Security Secretary could grant the provisional status. Others
have pointed out, and I agree, once you begin to grant that provisional
status, I do not see any realistic way a Congress ever goes back and
says: We know we told you that you could stay, but now you have to
leave.
Senator Paul had two amendments I supported. One was ``trust but
verify,'' much like Senator Lee's amendment, where Congress would have
to be sure the integrity of the border was being protected. Another one
would protect the integrity of the ballot process from illegal voting.
Nobody is here advocating illegal voting. Why we would not get an
amendment that did something to ensure it would not happen is
surprising to me.
Congress has one shot to address immigration reform in the right way.
Unfortunately, I cannot vote for this bill because I think it fails to
prioritize what needs to be prioritized. I also do not think this bill
will be a bill that can pass the House of Representatives.
I hope the Senate will now work with the House to find a better
solution for long-term immigration reform and we can meet those three
criteria of: how do you secure the border, how do you meet the
legitimate workforce needs of the country, and what do we do about
people who are already here, and in many cases these are people who go
to church where we go to church, their kids go to school where our kids
go to school.
I, frankly, think those last two issues are pretty easily dealt with
if the American people ever believe the government has met its
responsibility to control our borders. One way to do that is to look at
the actual border. Another way to do that is to give employers the
kinds of tools they need so we can clearly identify who is in the
United States who is eligible to work and who is not.
I yield back.
The PRESIDING OFFICER. The assistant majority leader.
Mr. DURBIN. Mr. President, will the Chair inform me how much time has
been used on each side?
The PRESIDING OFFICER. The proponents have consumed approximately 23
minutes. The opponents have consumed approximately 9 minutes.
Mr. DURBIN. Unless there are other speakers in opposition, I would--I
am sorry. Senator Grassley is here. I once again withdraw and yield the
floor to Senator Grassley.
Mr. GRASSLEY. I did not come to speak. I came to object to the
Senator's unanimous consent request.
Mr. DURBIN. I say to the Senator, here is the state of play. Unless
we can agree to come to the floor and debate the issue, your absence
delays the time when you will be speaking until the end of the debate,
which creates an advantage for you by staying away.
What we are trying to do is to be fair and give each side a chance to
speak on the bill, one side or the other. Senator Blunt has been here.
I would welcome any Senator in opposition. We have used--I think the
measure was 23 minutes.
The PRESIDING OFFICER. Twenty-three minutes.
Mr. DURBIN. And your side has used 9. So I wish to offer the
opportunity for the Senator to speak in opposition.
The PRESIDING OFFICER. The Senator from Iowa.
Mr. GRASSLEY. I thank the Senator for his courtesy. I think there is
an insinuation in his comment that there is a strategy on our part not
to speak. That is not true. It is that there is a Republican meeting
going on right now. I went to that meeting and said to the people in
the meeting they ought to be out here speaking and they had an
opportunity to do it. And, for the group, I have objected for that
reason.
I yield the floor.
The PRESIDING OFFICER. The assistant majority leader.
Mr. DURBIN. Mr. President, if no time is used at this point, how will
the time be taken off, how will it be calculated?
The PRESIDING OFFICER. The time spent in quorum calls is equally
divided between the two sides.
Mr. DURBIN. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. MENENDEZ. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. MENENDEZ. Mr. President, I come to the floor at the end of a long
but fruitful bipartisan process. I come here thinking of what this bill
will mean for families. I come here thinking of my family, of my
mother, who came from Cuba, who worked hard and made it possible for me
to stand here today as 1 of 100 Senators on the verge of passing a
historic piece of legislation that she would have wanted me to vote
for.
This is a bipartisan compromise that will finally fix our broken
immigration system and bring 11 million immigrants out of the shadows--
not just the millions who have been here for years without status, but
the millions more who have been waiting in line to be reunified with
their families lawfully.
When the moment comes to cast that vote, I will be casting it in
memory of my mother and for every immigrant like her who came to this
country in the last century to give their families a chance to
contribute to America's exceptionalism and for all of those who will
now have a chance to contribute to America's exceptionalism in this
century.
It will be a vote for the long history of immigrants in America, for
the millions of immigrant families: Irish, German, French, Italian,
Scandinavian, Jewish, Greek, Polish, Portuguese, and many others whose
blood, sweat, and tears ushered in America's industrial age; a vote for
the immigrants of the ``greatest generation'' who brought this Nation
through the Depression, fought a World War, and ended the Cold War. It
will be a vote for America's new, young, skilled, educated DREAMers and
entrepreneurs who will now have a chance to become citizens and help
lead this Nation into a brighter, more prosperous, more productive
future.
It will be a vote in memory of a long list of immigrants and the
children of immigrants who made this Nation great: Marine Cpl Jose
Antonio Guitierrez, not even a citizen of the United States when he
became the first casualty of the Iraq war; Thomas Edison, from my home
State of New Jersey, the Wizard of Menlo Park, who has made New Jersey
the home of invention in America--and there will be an immigrant who
carries on that legacy who will make the next great discovery--Jonas
Salk, whose parents came here and gave him the education he needed to
go on and discover the vaccine for polio and save millions of lives.
There will be a DREAMer who will be the next Jonas Salk. Colin Powell,
admired on both sides of the aisle, his was an immigrant family. Be
assured, there will be another great military leader and statesman who
will be the son or daughter of parents who will become citizens under
this legislation.
Madeline Albright is an immigrant who became a citizen and went on to
become one of the most respected and admired Secretaries of State. The
list goes on: Albert Einstein, Henry Kissinger, Joseph Pulitzer--all
immigrants who contributed to America's exceptionalism. This
legislation is for all those immigrants and immigrant families who
helped make America better.
This is the culmination of a long journey for me. I have been
fighting for immigration reform for 20 years between my time in the
House and the Senate and have been blazing a pathway to citizenship
that will help families stay together and give them a chance at a
better life. This bill does that.
The road has been fraught with the same obstacles, the same pitfalls
and prejudices that have stood in the way of every generation of
immigrants who wanted nothing more than a pathway
[[Page S5343]]
to acceptance and opportunity. As the saying goes: The hardest steel
must go through the hottest fire.
What we are about to do today has been a generation-long drive for
justice and tolerance. It has been and remains the civil rights issue
of our community. I believe when this legislation finally becomes law,
it will make us stronger as a nation, just as the Civil Rights Act
strengthened this country. We are on the verge of historic change.
I am proud to have been part of the Gang of 8 that hammered out a
strong bipartisan effort. Now, I say to my friends in the other body:
Do the right thing for America and for your party. Find common ground.
Lean away from the extremes. Opt for reason and govern with us. The
time has come to act in the interests of all Americans. I hope that
message will be heard loudly and clearly in the House.
In my view the leadership in the other body has a chance to be
American heroes, a chance to bring both sides together in an alliance
that will ensure passage of this bill. I believe a vast majority of
Americans who want immigration reform to pass will thank them for doing
what is right.
I hope they will have the political will and courage to unite the
Nation and send this bill to the President's desk, a bill that will
increase the gross domestic product, reduce the deficit, promote
prosperity, and create jobs. This chart shows the cumulative economic
gains of the legislation over 10 years after passage. Look at the
numbers.
Fixing the broken immigration system would increase America's gross
domestic product by over $800 billion over the first 10 years, it will
increase wages of all Americans by $470 billion over 10 years, and it
will increase jobs by 121,000 per year for 10 years. That is 1.2
million jobs. Immigrants will start small businesses, they will create
jobs for American workers. It is time to harness that economic power.
The next chart shows that the CBO report also tells us it will reduce
the deficit by $197 billion over the next decade and by an additional
$700 billion more between 2024 and 2033 through changes in direct
spending and revenues. We are talking about almost a trillion in
deficit spending that can be lifted off the backs of the next
generation of Americans.
What other single piece of legislation increases GDP growth,
increases wages for all Americans, increases jobs and lowers the
deficit? What we realize now has been confirmed by the numbers; that
is, giving 11 million people a clear and defined pathway to citizenship
is, in effect, an economic growth strategy and exactly the right thing
to do.
It will be a long road for those who have earned the right to become
citizens. Citizenship will not be easy. It never is. The new Americans
who follow the pathway we lay out will have to have played by the
rules. They will have to pass background checks, pay a fine, pay their
taxes. But, if they do, there will be no obstacle they cannot overcome
to the day when they raise their right hand and take their
naturalization oath.
Too many families have waited too long for that day. Too many have
waited too long to say those words that will change their lives
forever.
They changed my mother's life and, in turn, gave me the chance to
stand here today and vote for a pathway to citizenship that can change
the lives of millions of others.
Today is a victory, not for me or the Gang of 8. It is not a victory
for the Senate or for any one community. By passing comprehensive
immigration reform, we will have taken the next historic step on
America's long journey to exceptionalism. I am proud to have been part
of the process that will continue that journey.
In 2007, when we failed at our last attempt at immigration reform, I
quoted the last phrase of Emma Lazarus's poem emblazoned on the inner
wall of the pedestal of the Statue of Liberty which says:
I lift my lamp beside the golden door!
I said then:
That lamp [since we failed] is somewhat dimmer, but it will
shine again . . . [that] the course of history is
unalterable, the human spirit cannot be shackled forever, the
drumbeat for security, economic vitality and, most
importantly, justice will only grow stronger until we pass
this legislation.
My friends, today when we pass comprehensive immigration reform, the
light will shine brighter and it will shine forever.
I yield the floor.
The PRESIDING OFFICER. The Senator from Iowa.
Mr. GRASSLEY. Mr. President, we have talked a lot about how the
immigration bill would or would not prevent illegal immigration in the
future. This is a huge concern because we don't want to be back in 25
years proposing the same short-term solutions to the problems.
I wish to take a few minutes about the national security implications
of the bill. There are valid concerns that the bill will put public
safety and the homeland at risk. I will walk through some of the issues
and point out how we tried in committee to change the bill in this
effort and, of course, we failed.
First, the bill contains a dangerous national security loophole that
would render the U.S. Government unable to share information with
foreign governments about immigrants who have had their status revoked.
An amendment to preserve the ability of law enforcement to access
critical, national security, public safety information and at the same
time authorize the Secretary of State to share limited information with
a foreign government while protecting legitimate privacy interests was
rejected.
Second, the bill provides the Secretary of State with authority to
limit in-person interviews of visa applicants abroad. The Secretary of
Homeland Security is not required to interview anyone who applies for
registered provisional immigrant status.
We learned a valuable lesson after September 11, 2001, because the
hijackers were not interviewed and applications were rubberstamped. An
amendment to require individuals who may be a threat to national
security to submit to an in-person interview with consular officers
when applying for a visa was voted down.
Third, there were gaping holes in the student visa process. Yet the
committee rejected attempts to delay the expansion of the student visa
program until the tracking system in place was improved.
Fourth, the amendment makes it almost impossible to revoke a person's
visa when they are on U.S. soil. An amendment to clarify the authority
of the Secretary of Homeland Security and the Secretary of State to
refuse or revoke visas when, in the national interest, as was the case
with the Christmas Day bomber, was rejected.
Fifth, the bill does not address the concerns brought to the surface
by recent events such as the Boston terrorist bombing. We are
profoundly troubled with the lack of concern about lessons that can be
learned from the failings of the immigration process, which may have
contributed to recent events such as the Boston terrorist bombing.
We need to understand and we need to address these failures before
proceeding with some of the provisions in this bill, especially the
asylum and student visa expansion measures.
Putting revised procedures in place before gaining an understanding
of what does not work in our current system is not good stewardship of
the trust of the American people and the trust people placed in us as
their representatives in Congress.
Our Nation's security is at risk and we cannot ignore it. We need to
understand what is wrong with the system to prevent events such as the
Boston bombing from happening again. However, an amendment to delay an
expansion of asylum and student visa programs until there has been a
coordinated review detailing the intelligence and immigration failures
of the Boston Marathon terrorist attack was also voted down in
committee.
Our national security must be a paramount concern with any
immigration reform. Eliminating weaknesses in our system, including
along the border and the interior, would make our Nation much safer.
Regrettably, this bill falls far short of this goal.
I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. RUBIO. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
[[Page S5344]]
The PRESIDING OFFICER (Ms. Heitkamp). Without objection, it is so
ordered.
Mr. RUBIO. Madam President, my father had a rough childhood. His mom
died just 4 days shy of his ninth birthday. The small catering business
his parents ran together had collapsed, so as a young child he was
forced to leave school and go to work, and he would work virtually
every day for the rest of his life. My mother grew up just as hard. Her
father was disabled by polio as a child, and he struggled to provide
for his seven daughters.
My parents met at a small store where my mother was a cashier and my
father was a security guard. He actually lived and slept in the storage
room of that store. Like all young couples, they had dreams. My mother
wanted to be an actress, and my father tried hard to get ahead. In
fact, after work he would take correspondence courses to become a TV
and radio repairman, but it was hard because he barely knew how to
read.
They did everything they could to make a better life, but living in
an increasingly unstable country, with limited education and no
connections, they just couldn't. So they saved as much as they could,
and on May 27, 1956, they boarded a plane to Miami. They came to
America in search of a better life.
Like most recent arrivals, life in America wasn't easy either. My
father had someone actually phonetically write on a small piece of
paper the words ``I am looking for work.'' He memorized those words.
Those were literally the first words he learned to speak in English. He
took day jobs wherever he could find them.
They both went to work at a factory, building aluminum chairs. My dad
started working as a bar boy on Miami Beach, eventually becoming a
bartender. He saved money and tried to open some businesses. When that
didn't work, they tried Los Angeles and they tried Las Vegas, but that
also didn't work. So he found himself back on Miami Beach behind a bar.
The truth is that they were discouraged and homesick for Cuba too. In
fact, in the early days of Castro's rule, before he came out as a
Marxist, they even entertained going back permanently. But, of course,
communism took root in Havana, and that became impossible too.
I am sure that on their worst days they wondered if it would ever get
better. Then the miracle we know as America began to change their
lives. By 1967 they had saved enough money to buy a house within
walking distance of the Orange Bowl, where on Sundays they would make
extra money by letting people park on their lawn. My older sister was
in ballet; my older brother, the star quarterback at Miami High. But it
wasn't just their lives that changed, it was also their hearts. They
still spoke Spanish at home and kept all the customs they brought with
them from Cuba, but with each passing year this country became their
own.
My mother recalls how on that terrible November day in 1963 she wept
at the news that her President had been slain. She remembers that
magical night in 1969 when an American walked on the Moon and she
realized that now nothing was impossible, because, you see, well before
they ever became citizens in their hearts, they had already become
Americans.
It reminds us that sometimes we focus so much on how immigrants can
change America, we forget that America has always changed immigrants
even more.
But this is not just my story. This is our story. It reminds us of
the words etched on the marble above the rostrum of the Senate: ``E
Pluribus Unum''--out of many, one.
Now, no one should dispute that, like every sovereign nation on this
planet, we have a right to control who comes in. But unlike other
countries, we are not afraid of people coming in here from other
places. Instead, inspired by our Judeo-Christian principles, we
Americans have seen the stranger and invited him in, and our Nation has
been blessed for it in ways that remind us of these ancient words:
God divided the sea and led them through and made the
waters stand up like a wall. By day he led them with a cloud;
by night, with a light of fire. He split the rocks in the
desert. He gave them plentiful to drink as from the deep. He
made streams flow out from the rock and made waters run down
like rivers. He commanded the clouds above and opened the
gates of heaven. He rained down manna for their food and gave
them bread from heaven.
Our history is filled with dramatic evidence that God's hand is upon
our land. Who among us would dispute that we Americans are a blessed
people? In the harbor of our most famous city, there is a statue of a
woman holding a lamp, and at the base of that statue is a poem that
reads:
Keep ancient lands, your storied pomp! . . . Give me your
tired, your poor, your huddled masses yearning to breathe
free, the wretched refuse of your teeming shore. Send these,
the homeless, tempest-tost to me, I lift my lamp beside the
golden door!
For over 200 years now they have come in search of liberty and
freedom for sure but often just in search of a job to feed their kids
and a chance at a better life. From Ireland and Poland, from Germany
and France, from Mexico and Cuba, they have come. They have come
because in the land of their birth, their dreams were bigger than their
opportunities. Here they brought their language and their customs,
their religions and their music, and somehow they have made them ours
as well. From a collection of people from everywhere, we became one
people--the most exceptional Nation in all of human history.
Even with all of our challenges, we remain that shining city on the
hill. We are still the hope of the world. Go to our factories and our
fields, go to the kitchens and construction sites, go to the cafeterias
in this very Capitol, and there you will find that the miracle of
America is still alive. For here in America, those who once had no hope
will give their kids the chance at a life they always wanted for
themselves. Here in America, generations of unfulfilled dreams will
finally come to pass. And that is why I support this reform--not just
because I believe in immigrants but because I believe in America even
more.
I yield the floor.
Mr. DURBIN. Madam President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. SESSIONS. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. SESSIONS. Madam President, I appreciate the excellent remarks
from the heart of my good friend Marco Rubio. He is a great addition to
the Senate. And I would say the heart of America is good. The heart of
this country is good. For 30 years they have been pleading with
Congress to keep a generous immigration policy afoot in America, but at
the same time they have been pleading with us to end the illegality
that has continued for years now. The people have pleaded with us to do
something about it, and year after year after year Congress has
refused, the President has refused. That is why we now have 11 million
people in the country illegally.
I think the heart of America is good and people are willing to deal
compassionately and not try to deport 11 million people. They want to
do the right thing about this, but by a 4-to-1 margin they have said
they want to see this Congress do what Members of Congress have
repeatedly promised and never delivered on--create a lawful system, a
system we can be proud of, a system that serves the national interests.
As I explained this morning, rather than working with law enforcement
groups and prosecutors and considering the needs of everyday citizens,
the sponsors of this bill have spent months in negotiation with special
interests and lobbyists to produce a bill that will not work. That is
the problem we have before us today. This will create even more
lawlessness in the future.
I want my colleague to hear what our Nation's immigration officers--
men and women on the frontlines--have to say about this legislation.
Shouldn't we listen to them? They asked to be able to participate in
these secret negotiations, and they were rebuffed. I asked that they be
allowed to participate, but they were rebuffed. Let's hear what they
say about the bill--the bill Senator Schumer said in committee was
tough as nails, and the TV ads running have said it is the toughest
bill in history, maybe the history of the world. Is that correct? Is
that correct, I have to ask? I think not.
[[Page S5345]]
This is a joint statement issued today by the councils representing
Immigration and Customs Enforcement officers--the ICE officers--and the
U.S. Citizenship and Immigration Service officers, a joint statement of
two associations representing these tens of thousands of officers.
Shouldn't we listen to what they are saying? Please listen, colleagues.
ICE officers and USCIS adjudication officers have pleaded
with lawmakers not to adopt this bill. The Schumer-Rubio-
Corker-Hoeven proposal will make Americans less safe, and
it will ensure more illegal immigration in the future--
especially visa overstays. It provides legalization for
thousands of dangerous criminals while making it more
difficult for our officers to identify public safety and
national security threats. The legislation was guided from
the beginning by anti-enforcement special interests and,
should it become law, it will have the desired effect of
these groups: blocking immigration enforcement.
This is an anti-public safety bill and an anti-law
enforcement bill. We urge all lawmakers to oppose the final
cloture vote on Thursday and to oppose the bill. We call on
all Americans to pick up the phone and call their members of
Congress.
So who do we trust on this question of whether we have a bill that
will work? Our good political Senators who work hard but haven't been
out on the frontlines doing the work or the people we pay who try to do
the work every day, putting their lives at risk?
There is something else I would like to touch on. I think it is one
of the least-discussed parts of the conversation. I am sure we will
have others talk in more detail about enforcement failures of the
legislation, but in many ways this could be the most important. I know
our friends in the media certainly haven't given a lot of coverage to
it, but I hope we will think about it more; that is, the future flow or
the legal immigration part of the bill.
The Congressional Budget Office tells us that the bill's large
increase in mostly lower skilled legal workers will push down wages and
increase unemployment. That needs to be talked about. It must be fully
understood. Hundreds of people are hurting today.
There was an article recently in the New York Times--I think 700
people camped out for 5 days to get a few jobs as elevator repairmen.
They waited in the rain, they camped out, they waited in line hoping to
get one of those jobs.
There was an article involving Philadelphia about individuals who had
prior convictions and wanted work. They set up an opportunity for them
to apply to find a job. They expected 1,000, and 2,000 showed up. They
interviewed a number of them, and the stories they gave are
heartbreaking.
Don't we need to consider the impact this policy could have on
working Americans? It is a sensitive topic but a crucial one.
Here is what David Cameron, the British Prime Minister, said
recently:
There are those who say you can't have a sensible debate
because it's somehow wrong to express concerns about
immigration. Now I think this is nonsense. Yes, of course it
needs to be approached in a sensitive and rational manner,
but I've always understood the concerns--the genuine concerns
of hard-working people, including many in our migrant
communities, who worry about uncontrolled immigration. They
worry about the pressure it puts on public services, the
rapid pace of change in some of our communities and of course
the concerns, deeply held, that some people might be able to
come and take advantage of our generosity without making a
proper contribution to our country.
Mr. Cameron goes on to say:
It is our failure in the past to reform welfare and
training that meant that we left too many of our young people
in a system where they didn't have proper skills, they didn't
have proper incentives to work, and instead we saw large
numbers of people coming from overseas to fill vacancies in
our economy. Put simply, our job is to educate and train our
youth, not to rely on immigration to fill the skill gaps.
Does that resonate with any of our people today? Have we thought
through this as to how we should handle these matters?
Let's look at our own situation right here in America. Twenty-one
million Americans are unable to find full-time work. One in three
without a high school diploma is unemployed. Forty-seven million
Americans are on food stamps. Labor force participation is the lowest
since the 1970s.
The percentage of Americans actually working is lower and has been
continually falling since the 1970s. It goes back to that date when
women were just beginning to enter the workforce.
One in three youth in our Nation's Capital is living in poverty. It
appears we are in an era of a new normal--economists have been talking
about this--a new normal where we see slower growth in developed
economies than we normally would see. There is more robotics, and
businesses are looking to contain the growth of employment. Low job
creation has been the result.
Madam President, I ask unanimous consent that I be notified after 20
minutes.
The PRESIDING OFFICER. The Senator will be notified.
Mr. SESSIONS. Our own Congressional Budget Office has done a 10-year
economic projection, as they do every year. They did this in January,
unconnected to immigration. They found in the second 5 years of our 10-
year window, 2018 to 2023, we would only create 75,000 jobs.
Some have said we are going to bring in workers, and that is going to
create jobs. We will talk about what economists really say about that.
But what does this legislation do? I think this legislation has not
given thought to the plight of these unemployed Americans.
Colleagues, the legislation that is before us today has four times
more guest workers. These are people who come only to work. They are
not just seasonal workers, they come for years at a time with their
families, but they come specifically to take a job--four times more
than in the 2007 bill that failed and many objected to on the grounds
it would hurt workers.
It also triples the grants of permanent status awarded to legal
immigrants over the next decade relative to current law. That was the
result of the legalization process. Experts who have looked at this and
other factors have come to the same conclusion: There would be at least
30 million people who would be given legal status over the next decade,
whereas normally we would give 10 million people legal status. Yet to
this day the sponsors of the legislation refuse to tell us how many
would come into the country.
What we do know is that the plan is not a merit-based plan as
promised, but it is mostly lower skilled, meaning it will hurt our poor
and working-class citizens the most. We have data that shows that. This
will be a hammer blow for working-class Americans.
The Civil Rights Commission had hearings, and members wrote us. They
said it is going to devastate poor workers. They said,
We don't have a shortage of lower-skilled workers. We have
a glut of lower-skilled workers.
That is a direct quote from their letter. So let's compare our
current situation when the legislation was introduced in 2007. Today, 5
million more Americans are unemployed than in 2007; 20 million more
Americans are on food stamps; and unemployment among teenagers is 54
percent higher than in 2007. Meanwhile, median household income is 8.9
percent lower than in 1999. That is huge.
Professor Borjas at Harvard, himself an immigrant who studies
immigration and economics, has said a large part of that decline is
driven by the large immigration flow that comes into our country. This
would increase it dramatically. We want to have immigration. We are not
going to stop immigration. We are going to maintain a generous
immigration flow. But the people need to know this bill increases it
dramatically.
CBO did a report on the legislation. This is what they found:
Unequivocally, the legal immigration surge in this bill will reduce
average wages for a decade. There is a chart in CBO's report. I had it
on the Senate floor earlier. Wages will remain lower for many years
after that than if the bill had never passed.
What about unemployment, the number of people out of work? According
to CBO, it will increase, and per capita, GNP will be lower for the
next quarter of a century.
Yes, you are going to have an increase in GDP--and our colleagues are
quick to say that--because of the large new group of people. But that
increase per person in America doesn't occur. It reduces the per capita
GNP. And these are extremely conservative estimates. Dr. Borjas in his
report suggests the situation will be worse than this.
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To whom do we owe our allegiance? To these groups who want more
people in the high-tech world, agriculture world, meatpacking, or other
businesses, or to the American citizens, who work hard, pay their
taxes, fight our wars, and obey our laws? Who is speaking up for their
legitimate interests?
So the time is long past, as Prime Minister Cameron has said, for a
national discussion over illegal immigration policies. We all believe
in it. No one proposes ending immigration. It is a deep part of our
tradition as a nation. But a nation has not only a right but a duty to
establish a responsible flow that promotes assimilation of those who
come here, promotes self-sufficiency, rising wages, and helps identify
people who can flourish.
The last thing we want to do is to invite people to come to America
to work and find out there are no jobs for them here or that they are
putting Americans out of work in order to get a job. That doesn't make
sense. We have not had the kind of discussion we need. The data
indicates, objectively speaking, that this will be a detriment to
working Americans.
A great nation needs a policy that promotes its legitimate national
interests, that considers the tough time workers are having today as a
result of high unemployment and falling wages, a policy that rejects
ideas that will pull down even further the wages of hurting workers;
that could, as Senator Sanders has said, create a permanent underclass
in America. It is a dangerous thing. We need to do it right.
The legislation before us is a dramatic step. I urge my colleagues to
reject the bill and to work on a positive reform plan that serves the
national interests of all Americans--immigrant and native born.
Sadly, this legislation advances the interests of those who wrote
it--many of them with very special interests--at the expense of the
general public.
The vote we are about to have is for final passage. The promises of
an open and fair process have been as hollow as the promises that this
bill would be the toughest ever and will end the lawlessness in the
future forever. It just will not happen. Our law officers have told us
this.
This legislation is amnesty first. The legality occurs first. It
plainly lacks the kind of mechanisms that are necessary to create a law
enforcement system that will work. There is a lack of commitment to
that. You can see it throughout the bill. It is not written by people
who are out there every day and who know the problems with enforcement.
If it were, they would have fixed so many of these problems that are
fully shown throughout the bill.
Yes, more money has been promised with the recent amendment for the
border, but that is in the distant future. What about the rest of the
bill? The E-Verify workplace enforcement system is terribly flawed. It
has been delayed. It could be put to work right now. We don't need to
wait 5 years as this bill does. Why it would be delayed that long is
beyond me, unless you are not very interested in getting started and
making sure that half the people are legalized and others can't come in
and take a job who enter illegally.
The entry-exit visa system in this bill, S. 744, this 1,000-page
bill, is much weaker than current law. Current law says you must have a
biometric entry-exit system at sea, air, and land ports. This bill says
you only have to have an electronic system at airports and seaports,
making the system incomplete and unable to identify who stays and who
has returned home on time.
Interior enforcement is much weaker--read the passionate letters from
our law enforcement officers as I read this morning, pleading with us
not to pass the bill because, they say, it will hurt enforcement and
weaken national security.
The method of processing those given legal status will not work.
Citizenship and Immigration Services, which manages this, has one big
objection to this bill. They say there is no way they can accomplish
what will be asked of them if this bill is passed. They say it will
lead to lawlessness, and they will be unable to identify dangerous
people who should not be in the country.
The PRESIDING OFFICER. The Senator has consumed 20 minutes.
Mr. SESSIONS. I thank the Chair. I will be wrapping up. Far from
having fines pay for the cost of this amnesty as the sponsors promised,
this is a huge budget buster--a huge budget buster now. The ObamaCare
provision that was supposed to ensure that persons who were given legal
status did not get subsidized health care now provides an incentive for
businesses not to hire American workers because they will have to pay
the ObamaCare premiums but would hire foreign workers, the illegal
workers who are now given legal status--they would be having
multithousand-dollar advantages in hiring them over American workers.
The legislation will not work. Let's continue to work through all
these problems together. I do believe that this--our bill's sponsors
are clearly correct to say we need to fix this broken system. A bill
that will respond to the pleas of the American people for a lawful
immigration system that serves our national interest and in which we
can take pride is what I will support. How can we vote for a bill our
own Congressional Budget Office says will reduce average wages in
America for 12 years.
We have in this group of American workers thousands, millions of
immigrant workers, millions of minorities and African Americans and
others at low wages. This legislation, at a time they are hurting very
badly will reduce average wages for 12 years, will increase
unemployment, and will reduce per capita GDP for over 25 years. This is
policy we have to ask serious questions about, all this at a time of
high unemployment, long-term falling wages, surging welfare and
disability and dependency.
It is not a healthy trend in America. We have to ask these questions.
Our real focus, as Prime Minister Cameron has said, should be to work
hard to train our people, our unemployed, our young people for jobs
that pay a decent wage, have a health care and a retirement plan. This
legislation will not end the lawlessness as our professional officers
have repeatedly told us. It will not do so. It will give legality--
immunity, if you want to call it that--virtually immediately. There is
a promise of enforcement in the future, but our officers say it will
not happen. It is not going to happen now.
I believe they are correct. I had the honor to be a Federal
prosecutor for quite a long time and I know law officers and I know
their difficulties and I totally agree with them.
This was a letter that was written today from the ICE officer head,
Mr. Chris Crane, a true patriot. He has worked so hard to do this. He
said one of the problems with the bill:
. . . is a failure to enforce the nation's immigration laws
on the interior of the United States. It is not a border
issue. It cannot and will not end as a result of increased
border security. It must be resolved through increased
interior enforcement.
40% of all illegal immigrants currently in the United
States did not illegally cross the border, but instead
entered legally with a visa and didn't leave when it expired.
40,000 border patrol agents provided in your legislation will
never come into contact with these individuals. . . .
Do you hear that, colleagues? These Border Patrol agents are never
coming in contact with the people who are in the interior who came on
visa and chose not to return. He goes on to say:
Systems like E-Verify and biometric Entry/Exit--still
missing from your bill--may identify millions of illegal
immigrants and status violators, but ICE officers will not
exist to locate and apprehend them rendering the systems
useless. The majority of foreign nationals identified by
these systems will remain in the United States. . . .
500,000 ICE fugitives are currently at large in the United
States. ICE estimates 2 million criminal aliens at large in
the United States, 900,000 criminal aliens are arrested by
local police each year.
They go on to note there are only 5,000 ICE officers in America. This
administration sued State and local governments that try to help the
ICE officers get their job done.
Then the joint statement today from the ICE and USCIS Officers
Association says this:
ICE officers and USCIS adjudications officers have pleaded
with lawmakers not to adopt this bill, but to work with us on
real, effective reforms for the American people.
This bill, they say, is an:
. . . anti-public safety bill and an anti-law enforcement
bill. We urge all lawmakers to oppose the final cloture vote
today and to oppose the bill.
This legislation will not end the lawlessness. I wish it were
different, but
[[Page S5347]]
those are the facts. It does not create a merit-based future flow as
has been promised, and it leaves us in a very difficult position. I
feel like there is no choice for us today. Let's vote no on the
legislation. It is not going to end the efforts. We are going to have
to continue to wrestle with this.
The good news is that the House, at least initially, what I have seen
in their work indicates they are giving a far more prudent approach to
it. The first bill they produced--I tried to offer it as an amendment,
but it did not get brought up--has an effective effort at improving
interior law enforcement. That is the kind of thing we need to be
doing. Then we can win the confidence of the American people, and we
can move past this very difficult time in our history.
I reserve the remainder of the time on this side.
The PRESIDING OFFICER. The Senator from South Carolina.
Mr. GRAHAM. Madam President, if I may, I say thank you to my good
friend from Alabama. He is consistent. He has conducted himself
incredibly well. He is a man of passion, and I agree with David Cameron
and Jeff Sessions. Let's have a debate about immigration. But I am in
the camp of let's stop talking about it and start doing something.
This bill, in my view, is a giant step forward in many ways; No. 1,
for the Senate. We are at 10 or 12 percent in approval rating for the
Congress. My question is, Who are the 10 or 12 percent and what bill do
they like? I am in the body and I don't disapprove of what we have been
doing here. But I see this as a significant step toward the Senate
being able to work together in a bipartisan fashion to do something
that matters.
Is this bill perfect? No. Is it like Senator Sessions described? No.
It is a good solution to hard problems that can always be made better.
But to the American people, you have to be frustrated by your
Congress not being able to do the hard things or sometimes even the
simple things. This should give people a little bit of hope that for
the first time since 2007, the Senate, in a bipartisan fashion, is
about to pass legislation on an important topic that is emotionally
tough but needs to be dealt with.
To the critics, I appreciate the debate this time around. It has been
so much better, but some of the criticism I am going to address.
Senator Rubio spoke in the most eloquent fashion about his family's
history and about who we are as Americans. But everybody has a story.
Marco's story is an exceptional story. I am the first person in my
family to go to college. Neither one of my parents graduated high
school. My dad and mom ran a restaurant, a liquor store, and a pool
room, and I learned everything I needed to know about politics in the
pool room--a great place to learn about people.
But one of the critics of this bill, one of the organizations, said
that the average illegal immigrant has a 10th-grade education. All I
can tell you is you have a Senator who came from parents who did not
have a 10th-grade education.
To those who believe that how long you go to school determines your
character, how much money is in the bank determines your worth, they do
not understand America. Only in America can you do what Senator Rubio
has done.
My parents have long since passed. When I was 21, my mom died; 17
years younger than my dad. We thought he would go first, but life is
not so understandable and predictable. She went first and 15 months
later he passed. As my sister was 12, an aunt and uncle helped raise my
sister. They never made over $30,000 in their life. They worked in
textile plants. She has turned out great in spite of having an
overbearing brother. But I am in the Senate today. Why? Because I live
in a country where anything is possible.
There are a lot of self-made people in America. I am not one of them.
If it were not for my family and my friends, I would not be here today.
To those who say that among this illegal immigrant population they
are just not well educated, you have no idea how offensive that is to a
guy like me. So you can take your criticism and--we will just end it at
that.
Eighty million baby boomers are going to retire in the next 40 years.
To my good friend from Alabama, who believes we have too much legal
immigration, I am taking Strom Thurmond's place. He got married and
started having kids when he was 67. Unless all of us start doing that,
we have a problem because in 1955 there were 16 workers for every
Social Security retiree; today there are three and in 20 years there is
going to be two. Unless there is a baby boom that I don't see coming--
and I am part of problem. I am not married and I don't have any kids.
Unless there is a baby boom we don't see, we better hope we can improve
our legal immigration system.
To my good friend from Alabama, I could not disagree with him more.
We are going to need a lot more legal immigration than is in this bill.
I wish we could do more. Who is going to take care of the baby boomers
when we retire? Who is going to replace the workers in our economy if
we do not have better legal immigration?
What did the CBO say about this bill? If we pass this bill, over the
next 20 years we reduce the deficit by $890 billion. How can that be?
That means it is good for the economy. How can you reduce the deficit
$890 billion if you do not create economic activity?
To the American worker, the biggest threat to you is illegal
immigration. Tell me how it is better for America to continue amnesty--
which is doing nothing and paying people under the table with no
regulation. How did that help the American worker to compete against
some person who is being paid under the table? This bill stops that. It
brings people out of the shadows on our terms, not theirs.
You get to stay here if we decide you can stay. We are regaining our
sovereignty that has been lost. How do you get 11 million illegal
immigrants in this country? Your system is broken from top to bottom.
Every nation, including America, has the right to control its borders
and control who gets a job and this bill does that and I am glad to
have my name on it--and doing nothing is the worst thing for the
American worker.
We are going to stop paying people under the table. We are going to
give you access to labor you have today if you can't find it. Have you
ever been to a meatpacking plant? You go and find out who is working in
that plant. Mostly Hispanics, people from other parts of the world, not
because native-born Americans are lazy; we have higher hopes. There are
parts of our economy, like it or not, that are dependent upon immigrant
labor and our population is declining and our needs for legal
immigration are growing. This bill does that.
As it affects the economy, it will increase our GDP by 3.5 percent
over time because it is good for America to have legal immigration. As
to the 11 million, you will be brought out of the shadows and you will
stay on our terms.
If they committed a felony or multiple misdemeanors, they are not
eligible. Here is what we are going to allow: They will go through a
criminal background check, pay a fine, get right with the law, and then
they will have legal status. Here is what they will get to do: They
will get to pay taxes, like the rest of us, and get to know the IRS.
Welcome to America.
We are going to create order out of chaos. We are going to get people
working and paying in rather than taking out under the table. What we
are going to do above all else, ladies and gentlemen, is we are going
to prove to ourselves that we can work together for the common good.
I have never been more proud to be involved in an issue than I have
trying to fix illegal immigration because it is a national security
threat, it is an economic threat, and it is a cultural threat.
As to my politics, I am doing great among Hispanics in South
Carolina. The bad news is that there are not very many who vote in the
Republican primary. I think the good news for me is I have tried
working with my colleagues, the Gang of 8, and our staffs to start a
process that will pay great dividends.
To Senators Grassley and Leahy, thank you.
To the Democratic and Republican Members, thank you so much. I have
never been more proud to be in the Senate than I am today.
[[Page S5348]]
To my critics, I respect their criticism. I thank them for a healthy
debate.
To the American people, slowly but surely we are beginning to come
together in your Senate, the greatest deliberative body in history, to
do important work.
And to the 11 million, you will have a second chance. Take advantage
of it. Embrace the fact that you are being given a second chance.
To the American people, our best days lie ahead, and what makes us
special--and I will close with this--is that being French means you are
French, being German means you are German. Being an American means
nothing about where you come from, your race, religion, background, or
ethnic origin. Being an American is an idea that so many people
embrace.
Ladies and gentlemen, being an American is something everybody wants
to be part of, apparently. Unfortunately, we cannot allow everybody in
or it will create a chaotic situation.
I thank Senator Durbin, who has protected the American worker, but I
want to tell my colleagues in the Senate that this is a day I have been
hoping and waiting for.
Thank you all so very much.
The PRESIDING OFFICER. The Senator from Illinois.
Mr. DURBIN. Madam President, first let me thank Senator Graham,
Senator McCain, Senator Rubio, Senator Flake, and on our side Senator
Schumer, Senator Menendez, and my friend Senator Bennet. The eight of
us came together to create a bill, and in the end we did a lot more--we
created a bond of friendship and trust and a life experience that none
of us will ever forget.
Each of us brought our special pleadings to this negotiation. I
argued for the protection of refugees, American workers, access to
immigration courts and counsel, reforming the flawed H-1B program, a
path to citizenship that was a challenge but fair. But my colleagues
knew from the start that there was one issue that was more important to
me than any other.
It was 12 years ago when I first introduced the DREAM Act. I did it
for this young woman, Tereza Lee. They were about to deport her from
Chicago back to Korea. She was 18 years old. She didn't know any other
country but the United States. She had been accepted at the Manhattan
conservatory of music. She was an outstanding pianist. And she was
about to be deported. I thought that was wrong. I introduced the DREAM
Act to help her, and it turns out, hundreds of thousands just like her.
Incidentally, this story ends well. She finished her education, and
she is now working on a Ph.D. in music. She played in Carnegie Hall.
She married an American, and she is a citizen. Would America have been
a better place if Tereza Lee had been deported? Of course not.
Over the years the plight of Tereza Lee and this bill, the DREAM Act,
became a cause--a national campaign. In the beginning teenagers used to
come up to me in Chicago, filled with emotion, in the dark of night,
and meet me at my car with tears in their eyes and say: I am a DREAMer.
Can you help me? Over time, their numbers grew, and so did their
courage. They stood up, as they have so many times and in so many
places, and said: I am willing to fight to be part of America's future.
It wasn't easy for them.
A few years ago I had a press conference right here in the Capitol. I
invited the DREAMers to tell their stories. A hate-filled Congressman
from Colorado called the immigration authorities and said: Arrest those
kids. Well, they were not arrested. They left that press conference
even more determined to see the DREAM Act become a reality.
Time and again we called the bill on the Senate floor and it failed.
We couldn't break the filibuster. Two and a half years ago the
galleries were filled with DREAMers in caps and gowns. We called the
bill for a vote, and we lost. We had 55 votes, and we couldn't break
the filibuster.
One of the saddest meetings I ever had took place afterwards. I went
downstairs and met with these DREAMers after the bill failed.
Their heads were down and they were crying and they said: What can we
do?
I said to them: I am never giving up on you. Don't give up on me.
Well, today I have a message for Gaby, Tolu, and all the DREAMers in
the galleries here and all around the country: Your courage inspired
us, your determination kept us going, and your faith in the only
country you have ever called home has been rewarded. This bill before
us has the strongest DREAM Act ever written.
I listened to my colleagues come to the floor and speak about
immigration. Those of us who support this bill haven't talked a lot
about the details of the bill. We have talked about what this means to
us in our personal lives and what immigration means to America. So in
full disclosure I have to tell everyone that the first DREAMer in my
life was brought to America at the age of 2. She was the child of
Lithuanian immigrants, and she grew up in poverty but was determined to
become a citizen. Her dream came true when she was naturalized at the
age of 24. That was my mother, and I dedicate this vote today to her
memory.
For anyone in this Chamber who believes this is just another vote, go
to a naturalization ceremony. Watch those new citizens with those flags
in their hands as they take that oath to be part of this country. One
cannot help but feel the emotion that courses through them at that
moment.
Let me say a final word about the Senate. I am proud to represent the
great State of Illinois, and I am proud to be one of the 1,947
Americans who have ever had this honor--to stand on the floor as a
Member of the U.S. Senate. We were elected to make this Nation better.
The eight of us came together across the aisle. We cussed one
another, we cheered one another, and we wrote a bill together. Now, to
my fellow colleagues in the Senate, it is your turn. Reach across the
aisle and show the American people that this Senate can still rise to
the challenge. Show this skeptical Nation that their faith in our
Founding Fathers will be honored by our generation of Senators.
I yield the floor.
The PRESIDING OFFICER. The Senator from Arizona.
Mr. McCAIN. Madam President, I thank Senator Durbin for his
compelling remarks and his deep and abiding concern for many years for
the so-called DREAMers. I thank my other my six colleagues for their
involvement, and I also thank Senator Corker and Senator Hoeven for
their effort on this bill. I thank my colleague Senator Flake for his
outstanding work. I would like to also mention Senator Lindsey Graham,
who gave his own unique perspective, as well as my friend from Colorado
Senator Bennet and also Senator Schumer, who has played such an
important and valuable leadership role.
The word ``friend'' is tossed around this body quite often, perhaps
with not as much sincerity as we would like, but these seven
individuals are my friends. More importantly, they are friends of
America. They are friends who realize that we were sent here by our
constituents to achieve results, and I don't know at this particular
time of a greater issue in which we should be involved.
We have heard a lot of personal stories here today, and I am deeply
moved by all of them. There is another human story. In fact, there are
millions of them. I would like to tell a few of them.
Over the last week the Arizona newspapers have reported that eight
bodies were found in the Arizona desert. The Arizona desert today, my
friends, is in triple-digit temperatures.
On June 21 the Arizona Republic reported:
Four men may have been dead three days before their bodies
were found in the Arizona desert by U.S. Border Patrol agents
. . . Two men had Mexican identifications, and the other two
didn't have identification.
On June 24 the Associated Press reported:
Maricopa County Sheriff's deputies found another dead body
in the Arizona desert near Gila Bend . . . just days after
four bodies were found in the same area . . . No
identification was found on the body and there were no signs
of trauma or foul play.
On June 27, today, the Arizona Daily Star reported:
Three decomposing bodies were found by Tucson Sector Border
Patrol agents in the desert in two separate incidents over
the weekend.
The Yuma Sun reported yesterday:
There have been 12 people rescued from the desert by Yuma
Sector agents. Six others were not located and died in the
wilderness.
[[Page S5349]]
The list goes on and on.
Since 2007--the last time we tried to pass this legislation--more
than 2,425 immigrants have died trying to cross our southwest border.
These are people who wanted to come to this country because they wanted
to realize the American dream. That is what they wanted. That is what
they risked their lives and, in fact, gave their lives for--and, yes,
they did so illegally. They were willing to pay a penalty for crossing
our border illegally. Shouldn't we give them the same chance we have
given generation after generation of immigrants who have come to this
country? There has been wave after wave of Irish, Italians, Jews,
Poles, and now people from all over the world who want to come to this
country. Shouldn't we do that? Isn't it in us to bring 11 million
people out of the shadows who are now being exploited and have none of
the protections of citizenship?
Well, how do we address that? This legislation does secure the
border, and I can tell everyone, from 30 years of being on the border,
this bill secures the border, and anyone who says it doesn't does not
understand our security needs. I have been there, and I have seen the
technology. This is technology that was developed in Iraq and
Afghanistan, which will give us surveillance. Yes, there is a bill with
20,000 new Border Patrol agents, but the fact is that the technology
that is there now will give us the ability for 100 percent situational
awareness and the ability to intercept. I guarantee it to my friends
because I saw it work. There are 700 miles of total fencing that will
be added--700 miles. As we all know, we will also have additional
Border Patrol agents.
What is the key to this bill? The key to this bill is not only that
we have the fencing on the border and the Border Patrol, but it is the
40 percent of the people who are here illegally who came here and
overstayed their visas. They didn't cross the southwest border. What do
we do about that? We dry up the magnet, and that is the E-Verify
program, which makes sure that every person who wants to come to this
country illegally will know they cannot get a job here. Within 5 years
we will have an E-Verify system that I am confident--and more
importantly, so are the people who are really knowledgeable about
this--will be a full-proof system with 95 percent effectiveness.
This legislation will not only give us a secure border, but it will
address the key element because people who now want to come here
illegally will know they cannot. Employers will know that if they hire
someone who is here illegally, they will pay a severe penalty for doing
so. We have to dry up the magnet.
So today there are 11 million people who are in violation, and they
don't have the protection of our laws. I would like to mention again
the people who are coming across our borders. There is a thing called
coyotes. Does anyone know what coyotes are? They are drug cartel
people. They are the most evil people on Earth. They take these people
in groups, and they bring them across the border. Many times, the
reason we find these bodies in the desert is because they say: We are
leaving you here. Tucson is right over the hill. Thousands have died in
the desert. Do my colleagues know what they do sometimes when they get
them all the way up to Phoenix? They keep them in drop houses jammed
together and they hold them for ransom under the most unspeakable
conditions. Do my colleagues know what else they do? They abuse the
people they bring up. I won't go into the details of how they do that.
It is an unacceptable situation.
Fifty thousand Mexican citizens have been killed by the drug cartels.
Last year, hundreds of migrants were missing or killed in Mexico, more
than 20,000 were kidnapped, and many are regularly beaten. The Mexican
Government doesn't know exactly how to handle this situation, and it is
all complicated by drugs which we are creating the demand for.
I have had the great opportunity in my life to have many experiences,
and the one I will never forget was on July 4 of 2007. Senator Lindsey
Graham, Senator Joe Lieberman, my beloved friend, and I were in Baghdad
for the Fourth of July. General Petraeus had requested that we speak at
a reenlistment ceremony where about 800 brave young men and women
serving in the military were reenlisting to stay and fight. There was
another group of some 80-some who were green card holders who, because
they had joined the military, had an accelerated path to citizenship. I
was honored to be there. I was honored to speak to them. In the front
row, there were four empty seats with boots on them representing men
who were green card holders who had lost their lives in combat in the
previous 48 hours, men who had been willing to risk their lives and
serve our country in order to be citizens of this country. I have never
been so deeply moved.
Let's give these 11 million people a chance to do the same.
I yield the floor.
The PRESIDING OFFICER. The Senator from Texas.
Mr. CORNYN. Madam President, I know the Gang of 8 members who were
responsible for the basic framework of this legislation have done
tremendous work and have advanced the substance and tone of our
discussion immeasurably since 2007, which is the last time we had a
major immigration bill on the floor.
I think the American people now understand the status quo is simply
unacceptable. We have a broken immigration system which, in the words
of my friend from Florida Senator Marco Rubio is effectively a de facto
amnesty, because we have a system that is lawless and it is
uncontrolled and it operates neither in the best interests of our
country economically nor represents our values.
The American people are famously generous and compassionate. As a
society we believe in second chances. All of us have benefited from
second chances in life, and I believe the American people believe those
who have come here to America in violation of our immigration laws, if
they are willing to step up, pay a fine, register, and live in
compliance with our laws, should get a second chance as well.
As a matter of fact, polling shows the American people support a
permanent legalization program for 11 million immigrants living in the
United States but only--only--if they are convinced the Congress has
made sure they will never ever have to do this again. In other words, I
believe the American people believe if the borders were controlled; if
they believed we had a biometric entry-exit system which would track
visitors who enter the country and who never leave, which is 40 percent
of illegal immigration; if they believed we actually had an effective
E-Verify or employment verification system that would determine at the
worksite when someone shows up to work they are legally qualified to
work in America--I believe if we had those three legs to the stool in
place, the American people would do, once again, the generous thing,
the compassionate thing, and give second chances to the 11 million
people who are here.
But the problem with this bill--and I say this more out of sadness
than anything else--the promises of this bill have simply not been
kept. We were told 6 months ago the pathway to citizenship was
contingent upon border security and these other enforcement measures
taking place. When it wasn't, I proposed an amendment which would
condition the transfer for probationary status to legal permanent
residency on a certification that the objectives on operational
security of the border had been met. I believed that by doing so, we
would realign all of the incentives for the political parties--for
Independents, for conservatives, for liberals--everybody would be
focused like a laser on how to get this done, how to hit the mark.
I believe, if we had a mechanism in this bill which did not depend on
Congress keeping future promises of performance, we could regain the
trust and confidence of the American people such that we could get to a
successful outcome.
Unfortunately, as the Presiding Officer knows, the proposal I made to
do exactly that has been rejected. In fact, the assistant Democratic
leader made the point recently in June that permanent legalization has
now been delinked from border security.
But I believe the problems of this legislation go well beyond the
border. When I offered 5,000 Border Patrol agents, I was told that--
even though the Gang of 8 bill offered zero Border
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Patrol agents, I was told that was a budget-buster. It was simply
unaffordable--5,000 new Border Patrol agents. But now we find 20,000
additional Border Patrol agents provided for in this bill. Now we have
been told that we have essentially a surge of law enforcement to the
border and a huge investment in new technology and boots on the ground.
The only thing missing is a plan to make sure those people are
actually effectively deployed and that technology will actually be
deployed in a way that secures the border. I know the surge worked in
Afghanistan, but I am not so sure we need a military surge in South
Texas, and particularly in the absence of any plan to make sure people
are going to be effectively utilized.
What is more, I would say I do not believe the promises made in this
bill will ever be kept. I do not believe we will ever have an extra
20,000 Border Patrol agents. I do not believe the huge investment in
technology will ever be made because it depends not just on this
Congress and this administration but future Congresses and future
administrations.
So we have, in essence, the American people being asked to grant the
gift of a pathway to citizenship, to demonstrate the typical American
belief in second chances and demonstrate their compassion. But, in
essence, they have been tricked, once again, to trade that in exchange
for hollow promises of future action. I think it is an unacceptable
deal.
The problems with this legislation also extend beyond that. This bill
grants immediate legal status to people with multiple misdemeanors and
convictions for driving while intoxicated and spousal abuse. As a
matter of fact, a person can have been deported out of the country for
having committed a crime yet be eligible for reentry into the country
and eligible for probationary status under this bill. I think that is
shocking. I understand why we would want to give people who are
economic migrants an opportunity to get right with the law and to get
on with their lives, but why in the world would we want to extend that
generosity to people who show nothing but contempt for the rule of law?
This bill also hinders law enforcement by making confidential the
information contained in applications for probationary status that are
rejected. This happened back in 1986. And I remember a quote, I believe
it was from the senior Senator from New York after that time, to the
effect that that was one of the biggest sources of fraud in the amnesty
of 1986. My hope would be we would not repeat that mistake again by
keeping that information confidential and away from law enforcement
authorities, thereby hindering their efforts to root out fraud and make
sure only people who legally qualify for this generosity are able to do
so.
The other problem with this bill is it simply is a budget-buster. I
was told 5,000 Border Patrol agents that would be paid for out of the
$8.3 billion trust fund created by this bill was too much, but now we
have $30 billion more in additional spending being promised. The
argument is that somehow this is free money and it doesn't cost a penny
because under the CBO score, there will actually be a reduction in
deficits. The problem is that is double-counting the money. It is the
money coming into the Treasury because of people who are now
registered, who are paying into Social Security and the like. But it
takes that money to spend on these other programs and does not
appreciate or recognize the fact that money is also going to need to be
available to pay future benefits for these same people. That is double-
counting. That is phony bookkeeping, and we ought to reject it.
The truth is, this bill adds to the budget deficit an additional
roughly $14 billion as presently written. At a time when our debt is at
$17 trillion, it strikes me as the wrong thing to do to say we are
going to add further to that debt and jeopardize our fiscal health for
the country as a whole going forward.
I will close with this. It gives me great pain to say that I think
this is an opportunity we have failed to take advantage of. I think we
could have done better and we should have done better. This bill is
unworthy of my support and it will be unworthy of support by a number
of Members. But my hope is the House of Representatives takes up this
issue and we can somehow find our way to a conference committee with
the House and produce a bill we can eventually put on the President's
desk. It will not be like this bill, I am confident of that. The House
has far different views. But what we do have that we didn't have in
2007 is I think a true bipartisan consensus that the status quo is
unacceptable and we have to do better. Unfortunately, this bill doesn't
keep the promises that were made originally, and for that, I truly
regret it.
The PRESIDING OFFICER. The Senator from New York.
Mr. SCHUMER. Madam President, we are now approaching the final hour
of this debate on how to fix our broken immigration system--the debate
we have been having for 3 weeks here on the Senate floor, for 7 months
among the Gang of 8, and for decades in this Nation. I want to
profoundly thank my colleagues in the Gang of 8. I will have more to
say about each of them after we vote. I also wish to thank all of my
staff who did such a great job.
When I look out my window from my home in Brooklyn, I see the torch
of Lady Liberty shining brightly and I can see and feel the promise of
America and the covenant of America.
There is an unwritten covenant between America and those who
immigrate here. It says if you come here with a dream, with a will to
work hard, follow the rules and contribute, we will give you a chance
to become an American and, in the process, to make America a better
place than it was before you got here.
In choosing this country, whether it is my friend Marco Rubio's
parents from Cuba or my grandparents and great-grandparents who fled
persecution from Europe, immigrants bring an appreciation for the
choices and opportunity that are unique to America. They often love
America even more than native-born Americans. We take that appreciation
for granted.
It is, therefore, not a surprise that CBO says this bill will grow
our economy by 3.3 percent over the next 10 years and 5.4 percent over
the next 20. CBO has simply enumerated a concept that many of us
already knew: Immigrants have always been the greatest engine of
economic growth, innovation, and renewal that this country has ever
known. There is no greater economic engine than the long hours
immigrants work with no complaint for the chance to achieve economic
stability and prosperity for themselves and for their families.
According to CBO, it is a far greater engine for economic growth than
any spending program Democrats might traditionally propose or any tax
cut Republicans might traditionally propose. Whether it is highly
skilled immigrants inventing new technologies or lower skilled
immigrants toiling in our fields or all of those in between, immigrants
have been an essential component to our American success story.
To reject this basic truth in this vote today would be a direct
rebuke to the lady who shines so brightly in New York's harbor.
But just like today, our history has had many other instances where
the fate of the American covenant with our immigrants has been tested.
And, in the end, it has always survived stronger than it was before.
It has survived because all of us know if America is to remain the
greatest Nation in the world, a beacon of hope and freedom for all to
aspire to, we must always live up to the covenant that is represented
by the great Lady in the Harbor.
This bill is our best chance, and may be our last chance, to maintain
that covenant through the next generation of Americans, and to maintain
the greatness of America. This bill includes input from almost every
Member of this body.
I cannot think of two more vocal critics of the bill than the
Senators from Alabama and Iowa, but even they have amended the bill in
multiple places to make it better.
That is what makes this bill strong; that is what makes this bill
good. It has garnered support from the most diverse coalition of groups
any bill has ever seen: U.S. Chamber of Commerce; AFL-CIO; the faith
community, including Evangelicals and Catholics; the
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high-tech community; America's farmers and farm workers; the law
enforcement community; the immigrant rights community.
Now, what does this bill do? Simply put, it does three simple things:
It will prevent future waves of illegal immigration; it will provide a
tremendous boost for the American economy by rationalizing future legal
immigration; and it will fairly and conclusively address the status of
people currently here illegally.
Let's look at the actual facts of what the bill does to end illegal
immigration.
If the bill passes, anyone who wants to try to cross the border
illegally will have to get over an 18-foot steel pedestrian fence and
past border agents standing every 1,000 feet apart from Brownsville to
San Diego.
Future waves of illegal immigration will be prevented if this bill is
passed. That is not a wish, it is not a hope, it is a fact.
People have argued that we should not pass this bill because past
efforts have failed to prevent illegal immigration. But let's not be so
defeatist that we throw up our hands and declare we are incapable of
learning from our past mistakes.
Under their logic, the famous expression would be changed: When you
fall off a bicycle, make sure you never ride a bicycle again.
Finally, I do not countenance the way the 11 million undocumented
immigrants living in our midst got here. But they are here now, and
deporting all of them is unpractical, unrealistic, and wrong to
consider.
Our bill will tell these individuals if they are willing to keep
their end of the covenant, their road may be harder and longer than
everyone else's road--a 10-year probationary period, no benefits or
assistance of any kind--but it too can end with being given the chance
to earn American citizenship if they work hard and pay taxes and play
by the rules.
So the bill is the right thing to do from top to bottom. It has more
deficit reduction than our best deficit-reducing packages. It will
stimulate the economy more than any stimulus bill, and it will make our
border more secure than it has ever been in our history.
So now there are simply no more legitimate excuses to vote against
this bill. Opponents of the bill have given three stated excuses for
opposing the bill, each of which has been resoundingly refuted.
They said the process is unfair, but it has been the most open
process we have seen in a long time. They said it was going to bust the
budget and take away American jobs. CBO refuted that.
Finally, they said the bill will not secure the border. But we have
the toughest border security and enforcement in any immigration bill
ever written.
Here is what a vote against this bill says: It says it would be nice
to reduce the debt, but not if it helps immigrants. It says it would be
nice to grow the economy, but not if it helps immigrants. It says it
would be nice to end illegal immigration in our security, but not if it
helps immigrants.
Those are the three stated reasons. The only reason left to vote
against this bill is the unstated reason--opposition to a path to
citizenship for the 11 million.
Make no mistake about it, the support this bill has generated in the
Senate will make it impossible to ignore. I believe the support this
bill will receive today in the Senate will propel it to pass the House
and be placed for signature on the President's desk by the end of the
year.
That is because in our hearts we know immigrants have always been
part of the fabric of America. While there have always been people who
have rejected immigrants--from the know-nothings to the exclusionists--
we have always seen the better angels of our nature prevail in the end.
At times like these, when our better angels are tested, to reject
this bill would tear the fabric of America asunder. It would declare
that America no longer seeks to be the shining city on the hill that
attracts and is admired by people around the globe.
Pass this bill, and let's keep the American covenant alive. Pass this
bill, and let the bright torch of Lady Liberty continue to shine
brightly as a beacon to those around the globe for generations to come.
I yield the floor.
The PRESIDING OFFICER (Ms. Warren). The Senator from Alabama.
Mr. SESSIONS. Madam President, as I have looked at the legislation--
and we have wrestled with what goes in it--I will just share with my
colleagues my perspective, having been in charge of enforcing Federal
laws as a U.S. attorney in the interior of the country.
We need to understand a couple things. The border is very important.
There has been wide open illegality at our borders for years.
San Diego, a number of years ago, was having drugs, crimes, violence.
They built a fence and prosperity rose on both sides of the fence.
Crime went down. It just had to be done, and they have been very happy
with it.
That helps a lot, and it is not at all impossible for us to get our
border under control today. It does not require that much more than
current capacity, but what we need is an absolute commitment from the
President and the Director of Homeland Security to get that done. We
have lacked that.
I want to move beyond just the requirements of the border. There are
other areas that are critical to having a lawful system of immigration.
Those include entry-exit visas, and that includes workplace
enforcement.
Under current law, Congress has passed--and actually there have been
six laws to this effect in the last 10 years--these laws require that
there be an entry-exit biometric visa system at all air, sea, and land
ports. The 9/11 Commission recommended that. The 9/11 Commission--when
they had a review of what had been done toward accomplishing their
recommendations--they went back to it and warned that we had not
completed it. It is current law. It requires a biometric entry-exit
system.
People who come into our country today are fingerprinted, but when
they leave the country they are not checked. So we do not know--when
they got their visa and they entered the country--whether they ever
left.
There are arguments that have been made that it would cost billions
and billions of dollars. But a pilot project, which I just discovered
recently--I did not know it was there--was in Atlanta and one of the
other airports. In Atlanta, they did this: A person goes through the
airport to depart from the United States, they go by a handheld
fingerprint-reading machine--police officers have them in their cars;
they can stop a drunk driver and check their fingerprints right on the
side of the road--they put their finger on that, they go out of the
gate, and you know whether they have departed the country.
So this is a significant technological advancement. It works. In
Atlanta, when they did that, they caught over 100 people on the watch
list--people for whom there were felony warrants, people on the
terrorist watch list. They knew, and we have a record of the people who
left the country.
That is critical to our system. We have almost gotten there. But
there has been a failure to see it happen because some people do not
want it to happen. That is not in this legislation. This bill
eliminates the requirement of a biometric system, and it eliminates the
requirement that we have an exit system at the border. It is only air
and sea. That is a major diminishment of an absolutely critical part of
our system. It is going to be even more critical.
Why will it be more critical? Because we are going to have the
doubling of the number of people who come to our country on visas, and
we are going to have an increased problem of visa overstays. The
Congressional Budget Office warned of that in their report. It is
obvious. The Citizenship and Immigration Services and the ICE officers
have warned of it repeatedly to us in their letters. So this has to be
a part of our system. It just has to be. The fact that it is not in
there indicates the people who drafted the bill had no real interest in
seeing enforcement enhanced, but they actually wanted to allow the
enforcement to be weakened. So that is a nonstarter. This has been in
the law for over 10 years.
So the ICE officers have told us: Look, 40 percent of the people now
who are here illegally came by visa overstays. But that is going to
increase dramatically for a lot of reasons. One
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of them is we are going to double the number of people who come by
visas under this bill.
So they have warned us that this concern about a de facto amnesty
will continue because we have no people on the interior of the United
States to enforce the law. You are going to 40,000 Border Patrol
agents, but only 5,000 people inside the interior of the entire United
States of America.
This President, as part of his systematic plan to stop enforcement,
has sued States and broken the 287(g) agreements with States that allow
them to participate and help the ICE officers do their jobs. States
cannot prosecute people. States cannot deport people. But States can,
as part of their job, when a police officer arrests somebody for a
crime or drunk driving--and they identify them as being illegally in
the country--they can take them to the ICE officers and help them do
their job. And there are agreements to do this to this effect.
What has happened? This administration has eliminated those
agreements and canceled the program. I helped write the program. Lots
of States were participating happily in it, and they were not being
forced to do anything they did not want to do, but it allowed them to
be more effective in doing their job.
So the problem is when you see that missing in this 1,200-page bill,
but you see provision after provision after provision that focuses on
other issues, focuses on issues important to special interests who
helped write the bill. Then you begin to get suspicious about what is
happening. That is why the ICE officers and the Citizenship and
Immigration Services were so concerned about not being able to
participate in the program effectively and to share their views. It is
clear they did not want their views.
So President Obama--although it has been maintained pretty carefully
that he was not involved in writing the legislation, it appears he
quite clearly was. They are not happy with the ICE officers. The ICE
officers actually sued Secretary Napolitano for stopping them from
enforcing the law they have sworn to enforce. They say they are being
required to violate their oath and their commitment to the law by
policies from politicians in the Homeland Security Department. They
have written it in letter after letter after letter, openly saying the
politicians in the Department are overriding the law--directing us and
undermining our ability to do what we are sworn to do. They have a
lawsuit pending about it. I have never heard of that, that officers
would do that.
Then we have the confusion over the E-Verify system. Senator Portman
improved the bill dramatically with his amendment--or would have. He
was not able to get it up for a vote. But the E-Verify system is in
place today and it is utilized by governments and by contractors who do
work for the government. I think people who want to voluntarily use it
can use it.
You can give a Social Security number to your boss or your employer-
to-be and he runs it and checks. What they find is many illegal workers
are using the same Social Security number as other people. The computer
and the Social Security department catches that. That tells the
employer there are six different people using this Social Security
number. You should not hire this person until he has been checked out.
So that is the way the E-Verify system works. It takes about 3
minutes. It has a 99-percent accuracy rate, but the forces out there
have blocked the legislation for E-Verify. Even this minimum standard
that is operating today, we had to fight to get an extension. I had to
hold up legislation to guarantee that they would at least extend the
current system because there are forces out there that put in big money
that do not like this project. They do not like it. They want to end
it. They are afraid it will be expanded.
Any plan that pretends to be serious about workplace enforcement has
to utilize the E-Verify. Well, this bill, instead of just taking the
system and expanding it--which would not take much effort; computers
are capable of handling the numbers--instead of just doing that, they
have done it in a way that delays it for 5 years. So to me this
indicates there is not an intensity of interest after the amnesty has
been given.
After people have been given legal status, they will be given a
Social Security number. They will not be hurt by having to have their
number checked. They will have a legitimate Social Security number.
They will be legal. They will take any job out there. But the people
who come in later, the people who did not qualify, people who otherwise
were criminals and should not be getting a job and do not qualify for
this provisional status, they would be identified for years under this
system. It indicates a lack of seriousness in the commitment.
I see Senator Grassley is here. I will wrap up by saying that
creating a lawful system of immigration requires more than border
enforcement. It is important but you have to have interior enforcement.
You have to have workplace enforcement. You have to have entry-exit
visa enforcement. This is critical.
As I have been stressing, we do not talk about it enough. The bill
also sets out in its 1,200 pages the future flow of workers into
America. Our colleagues have said it is a merit-based system. We have a
points system. Unfortunately, that is not substantially correct. It
looks to us like less than 15 percent of the people enter into our
country under our plan by a merit-based system. Canada does that. They
are very happy with that. I think about 60 percent of their people do
so. The more education you have, the more job skills you have, the more
fluency you have in the language, you get more points.
Under this merit-based system, it has about 15 percent of the people
covered by it in a point system. The fact that your brother is here is
equal to 10 points. If you have a 4-year college degree, that is only
equal to 5 points. It takes a master's degree to get 10 points, equal
to the family connection points. So the point system is still heavily
skewed to things other than actual job skills, education level, and the
ability to be productive and flourish in our society.
We want to bring people to our country who are going to be able to
flourish, do well, be able to find a job, and not be unemployed or the
only skill they have is one that Americans are applying for in big
numbers and they would take a job from an American, unemploying an
American. So we have to create a system that serves the national
interest and identifies the kind of workers the country needs and we
can absorb as a part of the over 1 million or so people we admit each
year lawfully into America.
That makes sense to me. Also, the guest worker programs are
exceedingly complex. There are W programs, there are E programs. There
are different kinds of programs throughout this whole bill. The net
result, the number of people who come not to be permanent citizens, not
to be immigrants, but come as guest workers will double under this
legislation. That makes it harder for the legal immigrant who is new in
America trying to find work to get a job. They are having to compete
with the guest workers. So those are the kinds of things we need to be
thinking about as we go forward.
I wish to express my appreciation to the ranking member of the
Judiciary Committee, Senator Chuck Grassley. He has been a student of
this problem since 1986. He has shared with us his perspective on it.
He has a deep conviction that if we go through this process again, it
needs to be done in a way that we can be proud of a few years later,
not be embarrassed about as we were after 1986.
So we would create a system that allows a lawful flow to occur but
stops the illegal flow in the future. That is the problem I think this
legislation has, among others.
Senator Grassley, thank you for your efforts. Good work. I have
enjoyed working with you and Senator Leahy, who conducted a tough
series of hearings. He let us have votes. We got a lot of votes in the
Judiciary Committee. He asked if anybody else had another amendment
when we finished. We got it done. That has not happened on the floor
today. We have only had nine votes, and three of those were motions to
table very important amendments that deserved more consideration than
that.
I yield the floor.
The PRESIDING OFFICER. The Senator from Iowa.
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Mr. GRASSLEY. Madam President, I would like to make an inquiry about
time. We were supposed to start the last 20 minutes. Is it OK if I
start now with my final remarks?
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. GRASSLEY. Madam President, my colleagues have often heard me
speak of my opposition to the legislation that is before us. They have
not heard me speak about my opposition to immigration reform. As I have
said so many times on this floor and in committee, or even to the
press, I have not heard a single Senator say the existing system status
quo ought to be maintained.
There are a lot of opinions about what should be done. So as we have
seen over the last few weeks, immigration is an emotional issue that
engenders strong feelings on both sides of the aisle. Saying it for a
second time: Everyone wants reform, but everyone has their own ideas
and different solutions.
Coming into the debate, I think my position has been very clear. I
made it very clear because I have the experience of the 1986
legislation. That was legislation legalizing; it did not solve the
problem. We screwed up in 1986 by not securing the border first, even
though we had the intention that would happen. Today, we are right back
at the same place talking about the same problems, proposing the same
solutions. Unfortunately, the process has not allowed us to
fundamentally improve the bill. We have not been able to vote up or
down on commonsense amendments. There has been 550 amendments filed. We
have taken up about a dozen.
Despite the fact that the American people want the border secured
before we provide a path to legalization, there appears to be a
majority of this body who believes legalization must come first. Next
Monday and Tuesday I will be holding 11 townhall meetings in Iowa. I
know what I am going to hear from my people: Yeah, we need immigration
legislation. But first we need to enforce the laws that are already on
the books before you consider anything new.
Despite what the Gang of 8 wrote in their framework for immigration
reform, legalization is not--emphasis upon ``not''--contingent upon our
success in securing our borders and addressing visa overstays. The bill
will not ensure that a future Congress is not back 25 years from now
dealing with the very same problems. We need a bill that insures
results. We need a bill that puts security before legalization, not the
other way around.
We are a nation based upon the rule of law. We have a right to
protect our sovereignty and a duty to protect the homeland. Any border
security measures we pass must be real and, more importantly, be
immediate, not 10 years down the road.
We also need meaningful interior enforcement, including allowing
immigration officers to do their job and work with State and local
officials. Enforcement of the immigration laws has been lax and
increasingly selective in the last few years because Federal
immigration enforcement officers have been handicapped from doing their
job.
The States have tried to step in, but every time the States tried to
step in under the 10th Amendment to protect their citizens when the
Federal Government would not do it, they have been denied the
opportunity to control their own borders. The unfortunate reality is
the bill does almost nothing to strengthen interior enforcement
efforts. It does nothing to encourage cooperation between Federal,
State, and local governments.
The Federal Government will continue to look the other way--look the
other way as millions of new people enter this country undocumented.
Meanwhile, the bill gives the States no new authority to act when the
Federal Government refuses. One of the major reasons immigration is a
subject of significant public interest is the failure of the Federal
Government to enforce existing laws. Some 11 million people have
unlawfully entered the country or overstayed their visas because the
Federal Government did not deter them or take action to remove them.
The bill subsequently weakens current criminal laws and will hinder the
ability of law enforcement to protect Americans from criminal
undocumented aliens.
In addition to weakening current law, the bill does very little to
deter criminal behavior in the future. It ignores sanctuary cities and
increases the threshold required for action of what constitutes a
crime. Regrettably, the bill is weak on foreign national criminal
street gang members, an amendment that I tried to offer, but we could
not get the other side to vote on whether gang members ought to be
denied benefits in this immigration law.
Furthermore, the bill falls short in protecting American workers who
need and want jobs in this country. While I support allowing businesses
to bring in foreign workers, they should only do so when qualified
Americans are not available. I have long argued that we must enhance
and expand opportunities for people who wish to work legally in the
country. Yet as we do that, we cannot forget the American worker. We
need to fight for them as well.
Finally, I empathize with people who come into this country to have a
better life. We are proud of our country. Those of us born here do not
appreciate how great this country is. When I talk at a naturalization
ceremony in my State, I tell the new citizens: You are new here. You
came from another land where you know things are a lot different than
they are here. When you hear Americans bellyaching about our great
country, I hope you will tell these Americans who were born here--
including this American--that this is the best country in the world,
and how it is different in your own country and that you came here for
a better life.
We are a compassionate people, and we are also the best country in
the world. We are a great country because we have always abided by the
rule of law. The rule of law is what makes opportunities that we have
possible.
I am going to vote against this bill today. That is no surprise to
anybody. I have hopes for a better product to come out of a conference
committee. I hope for a bill to go to the President of the United
States. My hope is that we will send a bill to the President that will
make America stronger, make our borders more secure, and make our
immigration system more effective. This is what Americans deserve and
what we have a responsibility to deliver.
I yield the floor.
The PRESIDING OFFICER. The majority leader.
Mr. REID. I am informing all Senators that if they are not in their
seats when the time arrives, we are going to have a live quorum. We are
going to have everybody here when the vote starts. I know people are
anxious to leave, but they better be here or I am going to have a live
quorum and it will take a lot of time.
The PRESIDING OFFICER. Who yields time?
The Senator from Vermont.
Mr. LEAHY. Madam President, if I may have the attention of the
Senator from Iowa.
The PRESIDING OFFICER. The Senator from Iowa.
Mr. LEAHY. Will the Senator from Iowa yield for 5 minutes?
Mr. GRASSLEY. I yield to the Senator for 6\1/2\ minutes. As far as I
know, nobody on my side wants the time, and the Senator may have the
time.
Once again, I wish to thank everybody who maybe hasn't heard me say
it. The Senator had a fair and open process in our committee. There
wasn't a single Member who didn't get a chance to offer amendments.
This is the way the process ought to work, and the chairman made it
work that way.
The PRESIDING OFFICER. The Senator has 6 minutes remaining.
Mr. LEAHY. I thank the distinguished Senator for his comments. He
also deserves credit. We worked very closely together on this schedule
and everything else to make sure all people were heard, as the Senate
completes its work on this historic legislation, I want to recognize
Senators and staff members who were instrumental to our effort.
Senator Durbin, who has championed the DREAM Act for many years,
deserves special recognition. I commend him as the Senate approves his
hard-fought effort that is included in this bill. Senator Durbin has
helped to bring these compelling stories out of the shadows. He has
been dedicated to the young people who will be helped by his
legislation, like Gaby Pacheco. These brave and patriotic DREAMers have
inspired all of us who support the bill's passage.
[[Page S5354]]
Senator Schumer's tenacity and commitment to this effort should be
commended. He worked hard to build bipartisan support and was
relentless in his advocacy for passage. Senator Menendez fought hard to
protect the principles that make this legislation something we can be
proud of. Senator Bennett and Senator Feinstein were committed to our
agreement between agricultural workers and employers that is fair and
that will help America's farmers and farm workers.
Senator McCain, Senator Flake, Senator Graham, and Senator Rubio
bravely led the Republican Senators throughout this process. I
appreciate that their leadership has been a challenge in their caucus.
I thank Senator McConnell for his advice as the Judiciary Committee
prepared to consider this legislation.
And I thank Senator Whitehouse, Senator Coons, Senator Blumenthal,
Senator Klobuchar, and Senator Franken for their work in the Judiciary
Committee and for their amendments to make this legislation better. I
especially thank Senator Hirono for her personal efforts and
determination to make sure that the interests of women and families
were protected in this legislation. All of these Senators deserve
recognition for their dedication.
The work of the Senate could not be successful without the staff
members who work behind the scenes. The work of our staff is especially
important when the Senate considers legislation of the magnitude that
we have completed today. I take a few moments to recognize the many
staff members who contributed to this legislation.
I want to recognize and give my thanks to Bruce Cohen and Kristine
Lucius. My former Chief Counsel and Staff Director Bruce Cohen, who is
well known to many Senators, has been at my side for nearly 20 years.
Though Bruce is leaving the Senate, his mark is on this legislation and
he leaves his mark on the Senate Judiciary Committee after years of
service. His dedication to the Senate, to the people of Vermont, and
the United States has been of the highest caliber and he will be
missed.
Kristine Lucius, who has so ably and seamlessly taken over as my
Chief Counsel and Staff Director on the Judiciary Committee has proven
herself many times over during the Judiciary Committee's markup of this
legislation, and through the Senate's debate of this legislation.
Without her leadership, instincts, and intellect, our Committee process
would not have been the example of democracy that it was. Both Bruce
and Kristine deserve my deepest gratitude.
My Chief of Staff, JP Dowd and my Legislative Director Erica Chabot
were central to this process. In addition to leading my office, JP
guided my entire staff with a steady hand as we considered this
legislation. And in addition to coordinating the legislative work of my
office, Erica made great contributions to the process this legislation
followed through the Committee. Erica's work was only interrupted by
the arrival of a baby boy on June 21st.
I thank Adrienne Wojciechowski, Tom Berry, Susan Sussman, Diane
Derby, and John Tracy for relating this complex bill to Vermont
priorities. Their outreach to Vermont farmers, business owners, law
enforcement officials, and Vermonters impacted by our broken
immigration system was crucial to my priorities in this bill.
And our work in the Committee could not have been conducted without
the incredible efforts of our Chief Clerk Roslyne Turner, Deputy Clerk
Theresa Reuss, Hearing Clerk Melanie Kartzmer, and former Hearing Clerk
Halley Ross, all of whom make our committee run at the highest
standard.
And I thank Brian Hockin, who keeps the Committee's technology
running and provided real-time updates during our five Committee
markups by posting amendments online as they were modified. I give them
my thanks and appreciation for their role in making the Judiciary
Committee so productive and transparent.
I want to thank my staff members who worked long and hard on this
legislation. My Judiciary Committee counsels Matt Virkstis, John Amaya,
Chris Leopold, Alexandra Reeve-Givens, Josh Hsu, April Carson, Emily
Livingston, Lara Flint, and Anya McMurray all committed themselves to
this process with professionalism and dedication to advancing this
important legislation. My team of lawyers carefully negotiated,
reviewed, and drafted thousands of pages of amendments. They worked
across the aisle to create consensus and improve our proposal.
I thank the Committee's Legislative Staff Assistants Emma Van
Susteren, Charles Smith, Kelsey Kobelt, and Clark Flynt for their
commitment and passion to making this process run smoothly. And I thank
my Communications Director David Carle and my Judiciary Committee Press
Secretary Jessica Brady for helping to make our process a transparent
one and to tell the story of the Senate's consideration of this
legislation.
The staff members of Senators in the group of eight who serve on the
Judiciary Committee deserve recognition. Joe Zogby, Mara Silver, Leon
Fresco, Stephanie Martz, Chandler Morse, Elizabeth Taylor, and Sergio
Sarkany served the Senate well.
I want to recognize the staff of the Judiciary Committee's Ranking
Member Senator Grassley, Kolan Davis and Kathy Nuebel. They served
Senator Grassley and the Senate with weeks of tireless effort to make
our committee process a productive one. I thank Ranking Member Grassley
for his cooperation during the Committee's consideration of this
legislation.
The floor staff that keep the Senate running deserve special
recognition and thanks. The Democratic Secretary Gary Myrick, Assistant
Secretary Tim Mitchell, and Reema Dodin serve the Senate admirably and
their assistance to Senators is indispensable. The Majority Leader's
staff members Bill Dauster and Serena Hoy lent their broad experience
and expertise to this process. I thank them all.
I thank the members of President Obama's staff who provided
invaluable technical expertise and assistance to the Senate. My former
Chief of Staff, Ed Pagano, along with Miguel Rodriguez, led a
tremendous effort in the Senate for the President. The President's
Director of the White House Policy Council Cecilia Munoz and her team,
Felicia Escobar and Tyler Moran were instrumental in this effort.
And I want to especially thank Esther Olavarria. Esther served
Senator Kennedy for many years on the Judiciary Committee, and has lent
her intellect, her vast knowledge of immigration law, and her genuine
sense of humanity to previous efforts in the Senate. I know Senator
Kennedy would be very proud of her service to the President.
Finally, I want to recognize the tremendous work done by the Office
of the Senate Legislative Counsel. They are the attorneys who serve the
United States Senate to turn ideas into legislative text. I especially
thank Matt McGhie and Stephanie Easley who moved mountains to meet the
requests from Senate offices to draft this legislation. I thank them
and all of the attorneys and staff in that office who serve all
Senators with tremendous professionalism and skill.
Many other staff members in the Senate contributed to this effort in
ways that will be largely unheralded by the public. But it is important
to recognize the role that the dedicated men and women who serve
Senators play in doing the business of the American people. Their work
behind the scenes on this historic bill allowed Members to agree in
principle and make their compromise a meaningful reality.
I am proud of the Senate's work today and I thank everyone who made
this process a successful one.
Our American story is a story of immigration. It is not only our
history, it is our future. Over the last few weeks, many of us have
spoken about our own families' immigration stories. We all have such
stories. I heard the distinguished Democratic whip, Senator Durbin,
speak of the very moving story of his family and also what he has done
with DREAMers. We have talked about our parents and grandparents
seeking better lives for us. We can all relate to the most compelling,
innate urge to sacrifice for the ones we love.
We are inspired by our forebears who wished better lives for us and
for themselves, and found those opportunities here in America. They
taught us the fundamental values of family, hard work, and fairness.
With this legislation, we honor those American values.
[[Page S5355]]
We honor their search for freedom, for prosperity, and for the promise
that America has held out to so many for so long.
I am proud to be a Member of the Senate. Today is a good day for the
Senate, and, more importantly, it is a good day for the country. Today,
with the help of many Senators, we will address a complex problem that
is hurting our families, stifling our economy, and threatening our
security.
Several months ago four Democrats and four Republicans began
negotiating and drafting immigration reform legislation. They produced
a carefully balanced, fair, and humane proposal that at its core is
intended to make meaningful improvements to border security and, most
importantly, will help millions of people who dream the same dreams our
ancestors did.
I am proud of the role the Judiciary Committee has played in this
process, and I thank the Senators of both parties who have praised that
role.
In late April, with the full participation of all 18 members of the
Senate Judiciary Committee, with unprecedented transparency, and with
fairness to all members in offering amendments and having the chance to
debate them, we held several public markups to consider that
legislation. Over 37 hours during the course of 3 weeks, we engaged in
vigorous debate in full view of the American public. We considered 212
amendments from Democrats and Republicans. We approved 136 amendments
in a room filled with spectators on both sides of the issue. Of the
amendments approved in committee, 47 were Republican amendments and all
but three were adopted with bipartisan support. Even the staunchest
opponents of this legislation have praised that fairness.
The world has never seen such a vibrant, cohesive, economically
exuberant, and democratically successful experiment as our country.
Every one of us as Americans should be proud of that.
A key ingredient of our successful formula has been and will continue
to be immigrants anxious to be part of the American experience. They
have helped us to be a Nation in constant renewal, welcoming and using
this constant influx of fresh talent and energy. Just as my
grandparents and my wife Marcelle's parents made Vermont and America
better, they have made us better.
Today is another historic day in the Senate. The Senate will soon
complete its work on remedies for a difficult and complex set of issues
that has eluded us for years. We passed immigration reform legislation
in 2006 under the leadership of the distinguished Presiding Officer's
predecessor, Senator Ted Kennedy. After the Senate's work, the House of
Representatives declined to take up the Senate bill. I hope that won't
happen again. This issue is far too important to ignore or to allow it
to languish. We shouldn't play politics with what is quintessentially
an American issue.
At this moment I would like to think my dear friend Senator Kennedy
is smiling down on this Chamber. He sat right over there. He would be
overjoyed to see us pass this legislation on an issue he cared about so
deeply. I would like to think our old friend would be proud of what we
are doing.
In a very few minutes the Senate will vote to pass a comprehensive
solution to our broken immigration system. It will reunite families. It
will bring millions of people out of the shadows and into our legal
system. It will spur job growth and reduce our deficit. It will make us
safer.
I would urge all Senators to join with us to ensure a bright future
for this great Nation we all love by passing comprehensive immigration
reform. In doing so, you make us an even greater Nation than we are.
I yield the floor.
The PRESIDING OFFICER. Who yields time?
Mr. REID. I yield time to the Senator from Louisiana.
The PRESIDING OFFICER. The Senator from Louisiana.
Ms. LANDRIEU. Madam President, I appreciate both leaders for giving
some time for this.
Several of us have been working all week on a package of amendments
that were bipartisan and cleared by both Senator Grassley's and Senator
Hatch's staff. We appreciate their work so much. We are, unfortunately,
not able to get unanimous consent. We tried. I thank them very much for
their effort. They stuck with us all the way to the end.
Hopefully this bill will begin to build a bipartisan coalition of
Senators who wish to truly solve problems for our country. Our
coalition that worked on this is both people for and against the bill.
We were not able to get it cleared. We are not discouraged and will
continue to work.
I thank Senator Hatch and Senator Grassley.
The PRESIDING OFFICER (Mr. Coons). Mr. Leader.
Mr. REID. Mr. President, we are here today to talk about people, not
pages of legislation. This bill represents human beings, real people--
yes, immigrants. I am going to talk about two of them today.
Over 20 years ago Astrid Silva crossed the Rio Grande River in a
rubber raft wearing a ruffled dress and patent leather shoes. She was 4
years old. She was a baby. She doesn't remember Mexico, the country
where she was born. She does remember the day she left Mexico. She
cried. She cried because the only thing she could take with her was her
baptismal cross and a doll. Her mother cried because although the river
was narrow, she knew the current was swift and dangerous--very
dangerous. Mother and daughter survived, ducked under a border fence,
and began their new lives in America.
A decade passed before Astrid realized she had come to America
illegally, without proper immigration papers. Her parents cautiously,
slowly explained this to their daughter.
Astrid's eighth grade class was going to leave Las Vegas and take a
trip back here to the Nation's Capital. Astrid couldn't go. She didn't
go. Her parents were afraid to let her travel for fear she would be
arrested. She was undocumented. Flying, you see, without
proper identification meant running the risk of being detained or
deported.
A few years later, when Astrid's friends learned to drive, Astrid
once again was separated from her friends. She couldn't learn to drive.
She didn't have even the right to study for the driver's test because
she wasn't eligible.
When Astrid's classmates headed off to school across the country, she
stayed home. She couldn't leave, so she went to school at a local
community college.
Astrid has accepted every challenge, every setback with grace,
knowing the obstacles would never outweigh the advantages of growing up
in the United States, her home.
Four years ago Astrid's grandmother died. Neither Astrid nor her
father could go to Mexico because her dad was also undocumented. They
weren't able to go to the funeral. If she left the United States, she
couldn't come back. She couldn't come back to the only country she had
ever called home.
Then there came a time, and it came slowly, very cautiously, but
finally Astrid knew it was time to raise her voice. In effect, she had
had enough. It was time for her to come out of the shadows and share
her story with her friends and with others. A lot of her friends were
just like her, and she could share the stories with them and they could
share the stories with each other. It was time for her, her classmates
in many instances, and her community to learn who Astrid Silva really
was. She spoke up. She told her story.
She decided to find a public place where I would be at a public event
and give me the first of many heartfelt letters. I only have a few of
them. A few of them didn't make it to my office, but I appreciate each
and every one of those letters. Astrid became, very quickly, a DREAMer.
One of the letters I remember so well. She said in the letter words
to this effect: I have never, ever as much as stolen even a piece of
gum, but I feel like a criminal even though I am not a criminal. I
appreciate every one of those letters she sent me because each was a
reminder of what is at stake in this debate--a debate that involves our
neighbors, friends, and, yes, relatives. Each note, each letter
indicates that to me.
This bipartisan legislation the Senate is poised to pass in just a
few minutes does not just secure our borders or just mend our broken
legal immigration system; this legislation is what
[[Page S5356]]
Astrid has advocated, what the DREAMers and others have advocated. This
legislation is what she and millions have hoped for and, yes, prayed
for. The bill paves the way for people just like Astrid--people who are
American in all but paperwork--to become full participants in our great
society. It acknowledges the contributions of generations of immigrants
who founded this country and built it into the superpower it is today,
immigrants such as a man named Israel Goldfarb. He left Russia. He was
Jewish, and he was being persecuted, he and his family, so he came to
America as a boy. This man was my wife's dad.
I often think of him for a lot of reasons. He died as a real young
man. Perhaps a lot of people think he didn't contribute much to our
society, but he had one child, my wonderful wife, and now we have 16
grandchildren. So he contributed that--5 children, 16 grandchildren. On
his deathbed--as I said as a young man--he gave me his ring. I have
worn this ring for those many years. I take it off at night and put it
on every day. This watch I have--it stopped running a couple of months
ago and the jeweler said: It is broken. It is worn out. It is 50 years
old. It is an old-fashioned watch. I have to wind it every morning, but
they fixed it. I got the watch back and it is good for another 50
years. I could buy a different watch, but I am not one to buy a
different watch. These are who I am and they remind me every day of
this man who came to America as Israel Goldfarb and, similar to all of
his family, changed his name to Earl Gould. My wife, when I met her as
a sophomore in high school, was Landra Gould.
So this bipartisan legislation we are poised to pass in just a little
while does not just secure our borders or just mend our broken legal
system; this legislation that has been advocated paves the way for
people such as Astrid and, frankly, people such as my father-in-law,
may he rest in peace. It acknowledges the contributions of generations
of immigrants who founded this country.
This historic legislation recognizes that today's immigrants came for
the right reason--the same reason generations before them, the same as
Israel Goldfarb--to achieve a dream we take for granted, a right to
live in a land that is free.
Ted Kennedy said it best:
From Jamestown, to the pilgrims, to the Irish, to today's
workers, people have come to this country in search of
opportunity. They have sought nothing more than a chance to
work hard and bring a better life to themselves and their
families. They came to our country with their hearts and
minds full of hope.
That is what Ted Kennedy said, and the bipartisan legislation before
the Senate respects and fulfills that hope--the hope and the prayers of
Astrid and millions just like her. It will help 11 million people who
are tired of looking over their shoulders and fearing deportation to
get right with the law and start down a pathway to citizenship.
That path is going to be very hard, with penalties, fines, work,
paying taxes, staying out of trouble, and learning English, but they
are willing to do that, every one of them. It will mean going to the
back of the line. It is tough, I repeat, but it is fair.
Above all, this legislation is very practical. It makes unprecedented
investments in our borders. It cracks down on crooked employers, such
as those Senator McCain talked about earlier today, that exploit and
abuse immigrant workers, and it reforms our legal immigration system.
This legislation will be good for America's national security as well
as its economic security. This will reduce the deficit by $1 trillion.
How is that for economic security.
Six years ago, the last time we considered a sweeping immigration
overhaul--led by Senator McCain and, yes, that good man who became
Secretary of the Interior, Ken Salazar--it didn't work. The prospects
for a bipartisan solution were very dim. On the last day, the
immigration bill fell because of a procedural roadblock. But Ted
Kennedy urged those of us who believed deeply in its cause to keep the
faith. Here is what he said.
We will be back and we will prevail. . . . America always
finds a way to solve its problems, expand its frontiers, and
move closer to its ideals. It is not always easy, but it is
the American way.
That is what Ted Kennedy said.
Because of the Gang of 8--these courageous Senators, four Democrats
and four Republicans; Schumer, Durbin, Menendez and, of course, the
quiet one who did so much, Senator Bennet, and John McCain, whom I
admire so much. He and I came to the Congress together more than 31
years ago. We came to the Senate together. Have we fought with each
other? Oh, yes. But we care a great deal about each other. John McCain,
no matter what happens, I will be his friend and he will be my friend.
I admire what he has done. He was truly a leader, as he has been for so
long in this country.
Lindsey Graham. He is up for reelection. Is this a badge of courage?
It sure is. Marco Rubio, Jeff Flake, I admire every one of them. I am
not going to forget about Bob Corker. I am not going to forget about
mentioning Governor Hoeven. They allowed us to get votes. I will always
admire these two, again, courageous men who stepped forward, stepped
out of the crowd and did something that was right.
They are wonderful, all of them. Senator Kennedy knew the day would
come when a group of Senators, divided by party but united by a love of
country, would see the fight to the finish, and that is what we did.
That is what these 10 men allowed us to do.
I am not going to ever forget about the man seated right behind me,
Senator Leahy. His markup will go down in history. It was why we are
here today. He is my friend. As always, I will always admire how he
handles everything he does but especially what he did on this bill.
So today is the day. While I am sad Senator Kennedy isn't here to see
history made, I know he is looking at us proudly and loudly. Remember
that voice? And he is not alone. I have no doubt my father-in-law is
here in spirit. Astrid Silva is here today. I am sure she is in the
gallery someplace, and she will be looking down from where she is
seated when the Senate votes to expand this country's frontiers and
move closer to its ideals.
But she is not here alone. She is here representing millions of
others just like her--people who have hoped and prayed for this day.
Their prayers have been answered. But these prayers--their hopes and
prayers--have not gotten us to the finish line yet. The finish line is
very close to here, down this very long hallway to the House of
Representatives.
In closing, I am reminded of a poem, a song. Here is what it says:
I can see a new day, a new day soon to be, when the storm
clouds are all past and the sun shines on a world that is
free. I can see a new man, a new man standing tall, with his
head high and his heart proud and afraid of nothing at all. I
can see a new day, a new day soon to be, when the storm
clouds are all past and the sun shines on a world that is
free.
Colleagues, I am confident the House of Representatives will pass
this legislation because I can see a new man, a new man standing tall
with his head high, his heart proud, and afraid of nothing at all.
The bill (S. 744), as amended, was ordered to a third reading and was
read the third time.
The VICE PRESIDENT. The bill having been read the third time, the
question is, Shall it pass?
Mr. DURBIN. I ask for the yeas and nays.
The VICE PRESIDENT. Is there a sufficient second?
There is a sufficient second.
The clerk will call the roll.
The legislative clerk called the roll.
The VICE PRESIDENT.
Before the Chair announces the vote, expressions of approval or
disapproval are not permitted in the Senate.
The result was announced--yeas 68, nays 32, as follows:
[Rollcall Vote No. 168 Leg.]
YEAS--68
Alexander
Ayotte
Baldwin
Baucus
Begich
Bennet
Blumenthal
Boxer
Brown
Cantwell
Cardin
Carper
Casey
Chiesa
Collins
Coons
Corker
Cowan
Donnelly
Durbin
Feinstein
Flake
Franken
Gillibrand
Graham
Hagan
Harkin
Hatch
Heinrich
Heitkamp
Heller
Hirono
Hoeven
Johnson (SD)
Kaine
King
Kirk
Klobuchar
Landrieu
Leahy
Levin
Manchin
McCain
McCaskill
Menendez
Merkley
Mikulski
Murkowski
Murphy
Murray
Nelson
[[Page S5357]]
Pryor
Reed
Reid
Rockefeller
Rubio
Sanders
Schatz
Schumer
Shaheen
Stabenow
Tester
Udall (CO)
Udall (NM)
Warner
Warren
Whitehouse
Wyden
NAYS--32
Barrasso
Blunt
Boozman
Burr
Chambliss
Coats
Coburn
Cochran
Cornyn
Crapo
Cruz
Enzi
Fischer
Grassley
Inhofe
Isakson
Johanns
Johnson (WI)
Lee
McConnell
Moran
Paul
Portman
Risch
Roberts
Scott
Sessions
Shelby
Thune
Toomey
Vitter
Wicker
The bill (S. 744), as amended, was passed, as follows:
S. 744
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Border
Security, Economic Opportunity, and Immigration Modernization
Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Statement of congressional findings.
Sec. 3. Effective date triggers.
Sec. 4. Southern Border Security Commission.
Sec. 5. Comprehensive Southern Border Security Strategy and Southern
Border Fencing Strategy.
Sec. 6. Comprehensive Immigration Reform Funds.
Sec. 7. Reference to the Immigration and Nationality Act.
Sec. 8. Definitions.
Sec. 9. Grant accountability.
TITLE I--BORDER SECURITY AND OTHER PROVISIONS
Subtitle A--Border Security
Sec. 1101. Definitions.
Sec. 1102. Additional U.S. Border Patrol and U.S. Customs and Border
Protection officers.
Sec. 1103. National Guard support to secure the Southern border.
Sec. 1104. Enhancement of existing border security operations.
Sec. 1105. Border security on certain Federal land.
Sec. 1106. Equipment and technology.
Sec. 1107. Access to emergency personnel.
Sec. 1108. Southwest Border Region Prosecution Initiative.
Sec. 1109. Interagency collaboration.
Sec. 1110. State Criminal Alien Assistance Program.
Sec. 1111. Use of force.
Sec. 1112. Training for border security and immigration enforcement
officers.
Sec. 1113. Department of Homeland Security Border Oversight Task Force.
Sec. 1114. Ombudsman for Immigration Related Concerns of the Department
of Homeland Security.
Sec. 1115. Protection of family values in apprehension programs.
Sec. 1116. Oversight of power to enter private land and stop vehicles
without a warrant at the Northern border.
Sec. 1117. Reports.
Sec. 1118. Severability and delegation.
Sec. 1119. Prohibition on new land border crossing fees.
Sec. 1120. Human Trafficking Reporting.
Sec. 1121. Rule of construction.
Sec. 1122. Limitations on dangerous deportation practices.
Sec. 1123. Maximum allowable costs of salaries of contractor employees.
Subtitle B--Other Matters
Sec. 1201. Removal of nonimmigrants who overstay their visas.
Sec. 1202. Visa overstay notification pilot program.
Sec. 1203. Preventing unauthorized immigration transiting through
Mexico.
TITLE II--IMMIGRANT VISAS
Subtitle A--Registration and Adjustment of Registered Provisional
Immigrants
Sec. 2101. Registered provisional immigrant status.
Sec. 2102. Adjustment of status of registered provisional immigrants.
Sec. 2103. The DREAM Act.
Sec. 2104. Additional requirements.
Sec. 2105. Criminal penalty.
Sec. 2106. Grant program to assist eligible applicants.
Sec. 2107. Conforming amendments to the Social Security Act.
Sec. 2108. Government contracting and acquisition of real property
interest.
Sec. 2109. Long-term legal residents of the Commonwealth of the
Northern Mariana Islands.
Sec. 2110. Rulemaking.
Sec. 2111. Statutory construction.
Subtitle B--Agricultural Worker Program
Sec. 2201. Short title.
Sec. 2202. Definitions.
Chapter 1--Program for Earned Status Adjustment of Agricultural Workers
subchapter a--blue card status
Sec. 2211. Requirements for blue card status.
Sec. 2212. Adjustment to permanent resident status.
Sec. 2213. Use of information.
Sec. 2214. Reports on blue cards.
Sec. 2215. Authorization of appropriations.
subchapter b--correction of social security records
Sec. 2221. Correction of social security records.
Chapter 2--Nonimmigrant Agricultural Visa Program
Sec. 2231. Nonimmigrant classification for nonimmigrant agricultural
workers.
Sec. 2232. Establishment of nonimmigrant agricultural worker program.
Sec. 2233. Transition of H-2A Worker Program.
Sec. 2234. Reports to Congress on nonimmigrant agricultural workers.
Chapter 3--Other Provisions
Sec. 2241. Rulemaking.
Sec. 2242. Reports to Congress.
Sec. 2243. Benefits integrity programs.
Sec. 2244. Effective date.
Subtitle C--Future Immigration
Sec. 2301. Merit-based points track one.
Sec. 2302. Merit-based track two.
Sec. 2303. Repeal of the diversity visa program.
Sec. 2304. Worldwide levels and recapture of unused immigrant visas.
Sec. 2305. Reclassification of spouses and minor children of lawful
permanent residents as immediate relatives.
Sec. 2306. Numerical limitations on individual foreign states.
Sec. 2307. Allocation of immigrant visas.
Sec. 2308. Inclusion of communities adversely affected by a
recommendation of the Defense Base Closure and
Realignment Commission as targeted employment areas.
Sec. 2309. V nonimmigrant visas.
Sec. 2310. Fiancee and fiance child status protection.
Sec. 2311. Equal treatment for all stepchildren.
Sec. 2312. Modification of adoption age requirements.
Sec. 2313. Relief for orphans, widows, and widowers.
Sec. 2314. Discretionary authority with respect to removal,
deportation, or inadmissibility of citizen and resident
immediate family members.
Sec. 2315. Waivers of inadmissibility.
Sec. 2316. Continuous presence.
Sec. 2317. Global health care cooperation.
Sec. 2318. Extension and improvement of the Iraqi special immigrant
visa program.
Sec. 2319. Extension and improvement of the Afghan special immigrant
visa program.
Sec. 2320. Special Immigrant Nonminister Religious Worker Program.
Sec. 2321. Special immigrant status for certain surviving spouses and
children.
Sec. 2322. Reunification of certain families of Filipino veterans of
World War II.
Sec. 2323. Ensuring compliance with restrictions on welfare and public
benefits for aliens.
Subtitle D--Conrad State 30 and Physician Access
Sec. 2401. Conrad State 30 Program.
Sec. 2402. Retaining physicians who have practiced in medically
underserved communities.
Sec. 2403. Employment protections for physicians.
Sec. 2404. Allotment of Conrad 30 waivers.
Sec. 2405. Amendments to the procedures, definitions, and other
provisions related to physician immigration.
Subtitle E--Integration
Sec. 2501. Definitions.
Chapter 1--Citizenship and New Americans
subchapter a--office of citizenship and new americans
Sec. 2511. Office of Citizenship and New Americans.
subchapter b--task force on new americans
Sec. 2521. Establishment.
Sec. 2522. Purpose.
Sec. 2523. Membership.
Sec. 2524. Functions.
Chapter 2--Public-private Partnership
Sec. 2531. Establishment of United States Citizenship Foundation.
Sec. 2532. Funding.
Sec. 2533. Purposes.
Sec. 2534. Authorized activities.
Sec. 2535. Council of directors.
Sec. 2536. Powers.
Sec. 2537. Initial Entry, Adjustment, and Citizenship Assistance Grant
Program.
Sec. 2538. Pilot program to promote immigrant integration at State and
local levels.
Sec. 2539. Naturalization ceremonies.
Chapter 3--Funding
Sec. 2541. Authorization of appropriations.
Chapter 4--Reduce Barriers to Naturalization
Sec. 2551. Waiver of English requirement for senior new Americans.
Sec. 2552. Filing of applications not requiring regular internet
access.
Sec. 2553. Permissible use of assisted housing by battered immigrants.
Sec. 2554. United States citizenship for internationally adopted
individuals.
Sec. 2555. Treatment of certain persons as having satisfied English and
civics, good moral character, and honorable service and
discharge requirements for naturalization.
TITLE III--INTERIOR ENFORCEMENT
Subtitle A--Employment Verification System
Sec. 3101. Unlawful employment of unauthorized aliens.
Sec. 3102. Increasing security and integrity of social security cards.
Sec. 3103. Increasing security and integrity of immigration documents.
Sec. 3104. Responsibilities of the Social Security Administration.
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Sec. 3105. Improved prohibition on discrimination based on national
origin or citizenship status.
Sec. 3106. Rulemaking.
Sec. 3107. Office of the Small Business and Employee Advocate.
Subtitle B--Protecting United States Workers
Sec. 3201. Protections for victims of serious violations of labor and
employment law or crime.
Sec. 3202. Employment Verification System Education Funding.
Sec. 3203. Directive to the United States Sentencing Commission.
Subtitle C--Other Provisions
Sec. 3301. Funding.
Sec. 3302. Effective date.
Sec. 3303. Mandatory exit system.
Sec. 3304. Identity-theft resistant manifest information for
passengers, crew, and non-crew onboard departing aircraft
and vessels.
Sec. 3305. Profiling.
Sec. 3306. Enhanced penalties for certain drug offenses on Federal
lands.
Subtitle D--Asylum and Refugee Provisions
Sec. 3400. Short title.
Sec. 3401. Time limits and efficient adjudication of genuine asylum
claims.
Sec. 3402. Refugee family protections.
Sec. 3403. Clarification on designation of certain refugees.
Sec. 3404. Asylum determination efficiency.
Sec. 3405. Stateless persons in the United States.
Sec. 3406. U visa accessibility.
Sec. 3407. Work authorization while applications for U and T visas are
pending.
Sec. 3408. Representation at overseas refugee interviews.
Sec. 3409. Law enforcement and national security checks.
Sec. 3410. Tibetan refugee assistance.
Sec. 3411. Termination of asylum or refugee status.
Sec. 3412. Asylum clock.
Subtitle E--Shortage of Immigration Court Resources for Removal
Proceedings
Sec. 3501. Shortage of immigration court personnel for removal
proceedings.
Sec. 3502. Improving immigration court efficiency and reducing costs by
increasing access to legal information.
Sec. 3503. Office of Legal Access Programs.
Sec. 3504. Codifying Board of Immigration Appeals.
Sec. 3505. Improved training for immigration judges and Board Members.
Sec. 3506. Improved resources and technology for immigration courts and
Board of Immigration Appeals.
Sec. 3507. Transfer of responsibility for trafficking protections.
Subtitle F--Prevention of Trafficking in Persons and Abuses Involving
Workers Recruited Abroad
Sec. 3601. Definitions.
Sec. 3602. Disclosure.
Sec. 3603. Prohibition on discrimination.
Sec. 3604. Recruitment fees.
Sec. 3605. Registration.
Sec. 3606. Bonding requirement.
Sec. 3607. Maintenance of lists.
Sec. 3608. Amendment to the Immigration and Nationality Act.
Sec. 3609. Responsibilities of Secretary of State.
Sec. 3610. Enforcement provisions.
Sec. 3611. Detecting and preventing child trafficking.
Sec. 3612. Protecting child trafficking victims.
Sec. 3613. Rule of construction.
Sec. 3614. Regulations.
Subtitle G--Interior Enforcement
Sec. 3701. Criminal street gangs.
Sec. 3702. Banning habitual drunk drivers from the United States.
Sec. 3703. Sexual abuse of a minor.
Sec. 3704. Illegal entry.
Sec. 3705. Reentry of removed alien.
Sec. 3706. Penalties relating to vessels and aircraft.
Sec. 3707. Reform of passport, visa, and immigration fraud offenses.
Sec. 3708. Combating schemes to defraud aliens.
Sec. 3709. Inadmissibility and removal for passport and immigration
fraud offenses.
Sec. 3710. Directives related to passport and document fraud.
Sec. 3711. Inadmissible aliens.
Sec. 3712. Organized and abusive human smuggling activities.
Sec. 3713. Preventing criminals from renouncing citizenship during
wartime.
Sec. 3714. Diplomatic security service.
Sec. 3715. Secure alternatives programs.
Sec. 3716. Oversight of detention facilities.
Sec. 3717. Procedures for bond hearings and filing of notices to
appear.
Sec. 3718. Sanctions for countries that delay or prevent repatriation
of their nationals.
Sec. 3719. Gross violations of human rights.
Sec. 3720. Reporting and record keeping requirements relating to the
detention of aliens.
Sec. 3721. Powers of immigration officers and employees at sensitive
locations.
Subtitle H--Protection of Children Affected by Immigration Enforcement
Sec. 3801. Short title.
Sec. 3802. Definitions.
Sec. 3803. Apprehension procedures for immigration enforcement-related
activities.
Sec. 3804. Access to children, State and local courts, child welfare
agencies, and consular officials.
Sec. 3805. Mandatory training.
Sec. 3806. Rulemaking.
Sec. 3807. Severability.
Subtitle I--Providing Tools To Exchange Visitors and Exchange Visitor
Sponsors To Protect Exchange Visitor Program Participants and Prevent
Trafficking
Sec. 3901. Definitions.
Sec. 3902. Disclosure.
Sec. 3903. Prohibition on discrimination.
Sec. 3904. Fees.
Sec. 3905. Annual notification.
Sec. 3906. Bonding requirement.
Sec. 3907. Maintenance of lists.
Sec. 3908. Amendment to the Immigration and Nationality Act.
Sec. 3909. Responsibilities of Secretary of State.
Sec. 3910. Enforcement provisions.
Sec. 3911. Audits and transparency.
TITLE IV--REFORMS TO NONIMMIGRANT VISA PROGRAMS
Subtitle A--Employment-based Nonimmigrant Visas
Sec. 4101. Market-based H-1B Visa limits.
Sec. 4102. Employment authorization for dependents of employment-based
nonimmigrants.
Sec. 4103. Eliminating impediments to worker mobility.
Sec. 4104. STEM education and training.
Sec. 4105. H-1B and L Visa fees.
Subtitle B--H-1B Visa Fraud and Abuse Protections
Chapter 1--H-1B Employer Application Requirements
Sec. 4211. Modification of application requirements.
Sec. 4212. Requirements for admission of nonimmigrant nurses in health
professional shortage areas.
Sec. 4213. New application requirements.
Sec. 4214. Application review requirements.
Chapter 2--Investigation and Disposition of Complaints Against H-1B
Employers
Sec. 4221. General modification of procedures for investigation and
disposition.
Sec. 4222. Investigation, working conditions, and penalties.
Sec. 4223. Initiation of investigations.
Sec. 4224. Information sharing.
Sec. 4225. Transparency of high-skilled immigration programs.
Chapter 3--Other Protections
Sec. 4231. Posting available positions through the Department of Labor.
Sec. 4232. Requirements for information for H-1B and L nonimmigrants.
Sec. 4233. Filing fee for H-1B-dependent employers.
Sec. 4234. Providing premium processing of employment-based visa
petitions.
Sec. 4235. Technical correction.
Sec. 4236. Application.
Sec. 4237. Portability for beneficiaries of immigrant petitions.
Subtitle C--L Visa Fraud and Abuse Protections
Sec. 4301. Prohibition on outplacement of L nonimmigrants.
Sec. 4302. L employer petition requirements for employment at new
offices.
Sec. 4303. Cooperation with Secretary of State.
Sec. 4304. Limitation on employment of L nonimmigrants.
Sec. 4305. Filing fee for L nonimmigrants.
Sec. 4306. Investigation and disposition of complaints against L
nonimmigrant employers.
Sec. 4307. Penalties.
Sec. 4308. Prohibition on retaliation against L nonimmigrants.
Sec. 4309. Reports on L nonimmigrants.
Sec. 4310. Application.
Sec. 4311. Report on L blanket petition process.
Subtitle D--Other Nonimmigrant Visas
Sec. 4401. Nonimmigrant visas for students.
Sec. 4402. Classification for specialty occupation workers from free
trade countries.
Sec. 4403. E-visa reform.
Sec. 4404. Other changes to nonimmigrant visas.
Sec. 4405. Treatment of nonimmigrants during adjudication of
application.
Sec. 4406. Nonimmigrant elementary and secondary school students.
Sec. 4407. J-1 Summer Work Travel Visa Exchange Visitor Program fee.
Sec. 4408. J visa eligibility.
Sec. 4409. F-1 Visa fee.
Sec. 4410. Pilot program for remote B nonimmigrant visa interviews.
Sec. 4411. Providing consular officers with access to all terrorist
databases and requiring heightened scrutiny of
applications for admission from persons listed on
terrorist databases.
Sec. 4412. Visa revocation information.
Sec. 4413. Status for certain battered spouses and children.
Sec. 4414. Nonimmigrant crewmen landing temporarily in Hawaii.
Sec. 4415. Treatment of compact of free association migrants.
Sec. 4416. International participation in the performing arts.
Sec. 4417. Limitation on eligibility of certain nonimmigrants for
health-related programs.
Subtitle E--JOLT Act
Sec. 4501. Short titles.
Sec. 4502. Premium processing.
Sec. 4503. Encouraging Canadian tourism to the United States.
Sec. 4504. Retiree visa.
Sec. 4505. Incentives for foreign visitors visiting the United States
during low peak seasons.
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Sec. 4506. Visa waiver program enhanced security and reform.
Sec. 4507. Expediting entry for priority visitors.
Sec. 4508. Visa processing.
Sec. 4509. B Visa fee.
Subtitle F--Reforms to the H-2B Visa Program
Sec. 4601. Extension of returning worker exemption to H-2B numerical
limitation.
Sec. 4602. Other requirements for H-2B employers.
Sec. 4603. Executives and managers.
Sec. 4604. Honoraria.
Sec. 4605. Nonimmigrants participating in relief operations.
Sec. 4606. Nonimmigrants performing maintenance on common carriers.
Sec. 4607. American jobs in American forests.
Subtitle G--W Nonimmigrant Visas
Sec. 4701. Bureau of Immigration and Labor Market Research.
Sec. 4702. Nonimmigrant classification for W nonimmigrants.
Sec. 4703. Admission of W nonimmigrant workers.
Subtitle H--Investing in New Venture, Entrepreneurial Startups, and
Technologies
Sec. 4801. Nonimmigrant INVEST visas.
Sec. 4802. INVEST immigrant visa.
Sec. 4803. Administration and oversight.
Sec. 4804. Permanent authorization of EB-5 Regional Center Program.
Sec. 4805. Conditional permanent resident status for certain
employment-based immigrants, spouses, and children.
Sec. 4806. EB-5 Visa reforms.
Sec. 4807. Authorization of appropriations.
Subtitle I--Student and Exchange Visitor Programs
Sec. 4901. Short title.
Sec. 4902. SEVIS and SEVP defined.
Sec. 4903. Increased criminal penalties.
Sec. 4904. Accreditation requirement.
Sec. 4905. Other academic institutions.
Sec. 4906. Penalties for failure to comply with SEVIS reporting
requirements.
Sec. 4907. Visa fraud.
Sec. 4908. Background checks.
Sec. 4909. Revocation of authority to issue Form I-20 of flight schools
not certified by the Federal Aviation Administration.
Sec. 4910. Revocation of accreditation.
Sec. 4911. Report on risk assessment.
Sec. 4912. Implementation of GAO recommendations.
Sec. 4913. Implementation of SEVIS II.
TITLE V--JOBS FOR YOUTH
Sec. 5101. Definitions.
Sec. 5102. Establishment of Youth Jobs Fund.
Sec. 5103. Summer employment and year-round employment opportunities
for low-income youth.
Sec. 5104. General requirements.
Sec. 5105. Visa surcharge.
SEC. 2. STATEMENT OF CONGRESSIONAL FINDINGS.
Congress makes the following findings:
(1) The passage of this Act recognizes that the primary
tenets of its success depend on securing the sovereignty of
the United States of America and establishing a coherent and
just system for integrating those who seek to join American
society.
(2) We have a right, and duty, to maintain and secure our
borders, and to keep our country safe and prosperous. As a
Nation founded, built and sustained by immigrants we also
have a responsibility to harness the power of that tradition
in a balanced way that secures a more prosperous future for
America.
(3) We have always welcomed newcomers to the United States
and will continue to do so. But in order to qualify for the
honor and privilege of eventual citizenship, our laws must be
followed. The world depends on America to be strong--
economically, militarily and ethically. The establishment of
a stable, just, and efficient immigration system only
supports those goals. As a Nation, we have the right and
responsibility to make our borders safe, to establish clear
and just rules for seeking citizenship, to control the flow
of legal immigration, and to eliminate illegal immigration,
which in some cases has become a threat to our national
security.
(4) All parts of this Act are premised on the right and
need of the United States to achieve these goals, and to
protect its borders and maintain its sovereignty.
SEC. 3. EFFECTIVE DATE TRIGGERS.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Southern
Border Security Commission established pursuant to section 4.
(2) Comprehensive southern border security strategy.--The
term ``Comprehensive Southern Border Security Strategy''
means the strategy established by the Secretary pursuant to
section 5(a) to achieve and maintain an effectiveness rate of
90 percent or higher in all border sectors.
(3) Effective control.--The term ``effective control''
means the ability to achieve and maintain, in a Border Patrol
sector--
(A) persistent surveillance; and
(B) an effectiveness rate of 90 percent or higher.
(4) Effectiveness rate.--The ``effectiveness rate'', in the
case of a border sector, is the percentage calculated by
dividing the number of apprehensions and turn backs in the
sector during a fiscal year by the total number of illegal
entries in the sector during such fiscal year.
(5) Southern border.--The term ``Southern border'' means
the international border between the United States and
Mexico.
(6) Southern border fencing strategy.--The term ``Southern
Border Fencing Strategy'' means the strategy established by
the Secretary pursuant to section 5(b) that identifies where
fencing (including double-layer fencing), infrastructure, and
technology, including at ports of entry, should be deployed
along the Southern border.
(b) Border Security Goal.--The Department's border security
goal is to achieve and maintain effective control in all
border sectors along the Southern border.
(c) Triggers.--
(1) Processing of applications for registered provisional
immigrant status.--Not earlier than the date upon which the
Secretary has submitted to Congress the Notice of
Commencement of implementation of the Comprehensive Southern
Border Security Strategy and the Southern Border Fencing
Strategy under section 5 of this Act, the Secretary may
commence processing applications for registered provisional
immigrant status pursuant to section 245B of the Immigration
and Nationality Act, as added by section 2101 of this Act.
(2) Adjustment of status of registered provisional
immigrants.--
(A) In general.--Except as provided in subparagraph (B),
the Secretary may not adjust the status of aliens who have
been granted registered provisional immigrant status, except
for aliens granted blue card status under section 2201 of
this Act or described in section 245D(b) of the Immigration
and Nationality Act, until 6 months after the date on which
the Secretary, after consultation with the Attorney General,
the Secretary of Defense, the Inspector General of the
Department, and the Comptroller General of the United States,
submits to the President and Congress a written certification
that--
(i) the Comprehensive Southern Border Security Strategy--
(I) has been submitted to Congress and includes minimum
requirements described under paragraph (3), (4), and (5) of
section 5(a);
(II) is deployed and operational (for purposes of this
clause the term ``operational'' means the technology,
infrastructure, and personnel, deemed necessary by the
Secretary, in consultation with the Attorney General and the
Secretary of Defense, and the Comptroller General, and
includes the technology described under section 5(a)(3) to
achieve effective control of the Southern border, has been
procured, funded, and is in current use by the Department to
achieve effective control, except in the event of routine
maintenance, de minimis non-deployment, or natural disaster
that would prevent the use of such assets);
(ii) the Southern Border Fencing Strategy has been
submitted to Congress and implemented, and as a result the
Secretary will certify that there is in place along the
Southern Border no fewer than 700 miles of pedestrian fencing
which will include replacement of all currently existing
vehicle fencing on non-tribal lands on the Southern Border
with pedestrian fencing where possible, and after this has
been accomplished may include a second layer of pedestrian
fencing in those locations along the Southern Border which
the Secretary deems necessary or appropriate;
(iii) the Secretary has implemented the mandatory
employment verification system required by section 274A of
the Immigration and Nationality Act (8 U.S.C.1324a), as
amended by section 3101, for use by all employers to prevent
unauthorized workers from obtaining employment in the United
States;
(iv) the Secretary is using the electronic exit system
created by section 3303(a)(1) at all international air and
sea ports of entry within the United States where U.S.
Customs and Border Protection officers are currently
deployed; and
(v) no fewer than 38,405 trained full-time active duty U.S.
Border Patrol agents are deployed, stationed, and maintained
along the Southern Border.
(B) Exception.--The Secretary shall permit registered
provisional immigrants to apply for an adjustment to lawful
permanent resident status if--
(i)(I) litigation or a force majeure has prevented 1 or
more of the conditions described in clauses (i) through (iv)
of subparagraph (A) from being implemented; or
(II) the implementation of subparagraph (A) has been held
unconstitutional by the Supreme Court of the United States or
the Supreme Court has granted certiorari to the litigation on
the constitutionality of implementation of subparagraph (A);
and
(ii) 10 years have elapsed since the date of the enactment
of this Act.
(d) Waiver of Legal Requirements Necessary for Improvement
at Borders.--Notwithstanding any other provision of law, the
Secretary is authorized to waive all legal requirements that
the Secretary determines to be necessary to ensure
expeditious construction of the barriers, roads, or other
physical tactical infrastructure needed to fulfill the
requirements under this section. Any determination by the
Secretary under this section shall be effective upon
publication in the Federal Register of a notice that
specifies each law that is being waived and the Secretary's
explanation for the determination to waive that law. The
waiver shall expire on the later of the date on which the
Secretary submits the written certification that the
[[Page S5360]]
Southern Border Fencing Strategy is substantially completed
as specified in subsection (c)(2)(A)(ii) or the date that the
Secretary submits the written certification that the
Comprehensive Southern Border Security Strategy is
substantially deployed and substantially operational as
specified in subsection (c)(2)(A)(i).
(e) Federal Court Review.--
(1) In general.--The district courts of the United States
shall have exclusive jurisdiction to hear all causes or
claims arising from any action undertaken, or any decision
made, by the Secretary under subsection (d). A cause of
action or claim may only be brought alleging a violation of
the Constitution of the United States. The court does not
have jurisdiction to hear any claim not specified in this
paragraph.
(2) Time for filing complaint.--If a cause or claim under
paragraph (1) is not filed within 60 days after the date of
the contested action or decision by the Secretary, the claim
shall be barred.
(3) Appellate review.--An interlocutory or final judgment,
decree, or order of the district court may be reviewed only
upon petition for a writ of certiorari to the Supreme Court
of the United States.
SEC. 4. SOUTHERN BORDER SECURITY COMMISSION.
(a) Establishment.--
(1) In general.--No later than the date that is 1 year
after the date of the enactment of this Act, there is
established a commission to be known as the ``Southern Border
Security Commission'' (referred to in this section as the
``Commission'').
(2) Expenditures and report.--Only if the Secretary cannot
certify that the Department has achieved effective control in
all border sectors for at least 1 fiscal year before the date
that is 5 years after the date of the enactment of this Act--
(A) the report described in subsection (d) shall be
submitted; and
(B) 60 days after such report is submitted, the funds made
available in section 6(a)(3)(A)(iii) may be expended (except
as provided in subsection (i)).
(b) Composition.--
(1) In general.--The Commission shall be composed of--
(A) 2 members who shall be appointed by the President;
(B) 2 members who shall be appointed by the President pro
tempore of the Senate, of which--
(i) 1 shall be appointed upon the recommendation of the
leader in the Senate of the political party that is not the
political party of the President; and
(ii) 1 shall be appointed upon the recommendation of the
leader in the Senate of the other political party;
(C) 2 members who shall be appointed by the Speaker of the
House of Representatives, of which--
(i) 1 shall be appointed upon the recommendation of the
leader in the House of Representatives of the political party
that is not the political party of the President; and
(ii) 1 shall be appointed upon the recommendation of the
leader in the House of Representatives of the other political
party; and
(D) 5 members, consisting of 1 member from the Southwestern
State of Nevada and 1 member from each of the States along
the Southern border, who shall be--
(i) the Governor of such State; or
(ii) appointed by the Governor of each such State.
(2) Qualifications for appointment.--The members of the
Commission shall be distinguished individuals noted for their
knowledge and experience in the field of border security at
the Federal, State, or local level and may also include
reputable individuals who are landowners in the Southern
border area with first-hand experience with border issues.
(3) Time of appointment.--The appointments required by
paragraph (1) shall be made not later than 1 year after the
date of the enactment of this Act.
(4) Chair.--At the first meeting of the Commission, a
majority of the members of the Commission present and voting
shall elect the Chair of the Commission.
(5) Vacancies.--Any vacancy of the Commission shall not
affect its powers, but shall be filled in the manner in which
the original appointment was made.
(6) Rules.--The Commission shall establish the rules and
procedures of the Commission which shall require the approval
of at least 6 members of the Commission.
(c) Duties.--
(1) In general.--The Commission's primary responsibility
shall be to make recommendations to the President, the
Secretary, and Congress on policies to achieve and maintain
the border security goal specified in section 3(b) by
achieving and maintaining--
(A) the capability to engage in, and engaging in,
persistent surveillance in border sectors along the Southern
border; and
(B) an effectiveness rate of 90 percent or higher in all
border sectors along the Southern border.
(2) Public hearings.--
(A) In general.--The Commission shall convene at least 1
public hearing each year on border security.
(B) Report.--The Commission shall provide a summary of each
hearing convened pursuant to subparagraph (A) to the entities
set out in subparagraphs (A) through (G) of section 5(a)(1).
(d) Report.--If required pursuant to subsection (a)(2)(B)
and in no case earlier than the date that is 5 years after
the date of the enactment of this Act, the Commission shall
submit to the President, the Secretary, and Congress a report
setting forth specific recommendations for policies for
achieving and maintaining the border security goals specified
in subsection (c). The report shall include, at a minimum,
recommendations for the personnel, infrastructure,
technology, and other resources required to achieve and
maintain an effectiveness rate of 90 percent or higher in all
border sectors.
(e) Travel Expenses.--Members of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence rates authorized for employees of agencies under
subchapter I of chapter 57 of title 5, United States Code,
while away from their homes or regular places of business in
the performance of services for the Commission.
(f) Administrative Support.--The Secretary shall provide
the Commission such staff and administrative services as may
be necessary and appropriate for the Commission to perform
its functions. Any employee of the executive branch of
Government may be detailed to the Commission without
reimbursement to the agency of that employee and such detail
shall be without interruption or loss of civil service or
status or privilege.
(g) Comptroller General Review.--The Comptroller General of
the United States shall review the recommendations in the
report submitted under subsection (d) in order to determine--
(1) whether any of the recommendations are likely to
achieve effective control in all border sectors;
(2) which recommendations are most likely to achieve
effective control; and
(3) whether such recommendations are feasible within
existing budget constraints.
(h) Termination.--The Commission shall terminate 10 years
after the date of the enactment of this Act.
(i) Funding.--The amounts made available under section
6(a)(3)(A)(iii) to carry out programs, projects, and
activities recommended by the Commission may not be expended
prior to the date that is 60 days after a report required by
subsection (d) is submitted and, in no case, prior to 60 days
after the date that is 5 years after the date of the
enactment of this Act, except that funds made available under
section 6(a)(3)(A)(iii) may be used for minimal
administrative expenses directly associated with convening
the public hearings required by subsection (c)(2)(A) and
preparing and providing summaries of such hearings required
by subsection (c)(2)(B).
SEC. 5. COMPREHENSIVE SOUTHERN BORDER SECURITY STRATEGY AND
SOUTHERN BORDER FENCING STRATEGY.
(a) Comprehensive Southern Border Security Strategy.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary, in consultation
with the Attorney General and the Secretary of Defense, shall
submit a strategy, to be known as the ``Comprehensive
Southern Border Security Strategy'', for achieving and
maintaining effective control between and at the ports of
entry in all border sectors along the Southern border, to--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(B) the Committee on Homeland Security of the House of
Representatives;
(C) the Committee on Appropriations of the Senate;
(D) the Committee on Appropriations of the House of
Representatives;
(E) the Committee on the Judiciary of the Senate;
(F) the Committee on the Judiciary of the House of
Representatives;
(G) the Committee on Armed Services of the Senate;
(H) the Committee on Armed Services of the House of
Representatives; and
(I) the Comptroller General of the United States.
(2) Elements.--The Comprehensive Southern Border Security
Strategy shall specify--
(A) the priorities that must be met for the strategy to be
successfully executed; and
(B) the capabilities required to meet each of the
priorities referred to in subparagraph (A), including--
(i) surveillance and detection capabilities developed or
used by the various Departments and Agencies for the Federal
government for the purposes of enhancing the functioning and
operational capability to conduct continuous and integrated
manned or unmanned, monitoring, sensing, or surveillance of
100 percent of Southern border mileage or the immediate
vicinity of the Southern border;
(ii) the requirement for stationing sufficient Border
Patrol agents and Customs and Border Protection officers
between and at ports of entry along the Southern border; and
(iii) the necessary and qualified staff and equipment to
fully utilize available unarmed, unmanned aerial systems and
unarmed, fixed wing aircraft.
(3) Minimum requirements.--The Comprehensive Southern
Border Security Strategy shall require, at a minimum, the
deployment of the following technologies for each Border
Patrol sector along the Southern Border:
(A) Arizona (yuma and tucson sectors).--For Arizona (Yuma
and Tucson Sectors) between ports of entry the following:
(i) 50 integrated fixed towers.
[[Page S5361]]
(ii) 73 fixed camera systems (with relocation capability),
which include Remote Video Surveillance Systems.
(iii) 28 mobile surveillance systems, which include mobile
video surveillance systems, agent-portable surveillance
systems, and mobile surveillance capability systems.
(iv) 685 unattended ground sensors, including seismic,
imaging, and infrared.
(v) 22 handheld equipment devices, including handheld
thermal imaging systems and night vision goggles.
(B) San diego, california.--For San Diego, California the
following:
(i) Between ports of entry.--Between ports of entry the
following:
(I) 3 integrated fixed towers.
(II) 41 fixed camera systems (with relocation capability),
which include Remote Video Surveillance Systems.
(III) 14 mobile surveillance systems, which include mobile
video surveillance systems, agent-portable surveillance
systems, and mobile surveillance capability systems.
(IV) 393 unattended ground sensors, including seismic,
imaging, and infrared.
(V) 83 handheld equipment devices, including handheld
thermal imaging systems and night vision goggles.
(ii) At points of entry, checkpoints.--At points of entry,
checkpoints the following:
(I) 2 non-intrusive inspection systems, including fixed and
mobile.
(II) 1 radiation portal monitor.
(III) 1 littoral detection and classification network
(C) El centro, california.--For El Centro, California the
following:
(i) Between ports of entry.--Between ports of entry the
following:
(I) 66 fixed camera systems (with relocation capability),
which include Remote Video Surveillance Systems.
(II) 18 mobile surveillance systems, which include mobile
video surveillance systems, agent-portable surveillance
systems, and mobile surveillance capability systems.
(III) 85 unattended ground sensors, including seismic,
imaging, and infrared.
(IV) 57 handheld equipment devices, including handheld
thermal imaging systems and night vision goggles.
(V) 2 sensor repeaters.
(VI) 2 communications repeaters.
(ii) At points of entry, checkpoints.--At points of entry,
checkpoints the following:
(I) 5 fiber-optic tank inspection scopes.
(II) 1 license plate reader.
(III) 1 backscatter.
(IV) 2 portable contraband detectors.
(V) 2 radiation isotope identification devices.
(VI) 8 radiation isotope identification devices updates.
(VII) 3 personal radiation detectors.
(VIII) 16 mobile automated targeting systems.
(D) El paso, texas.--For El Paso, Texas the following:
(i) Between ports of entry.--Between ports of entry the
following:
(I) 27 integrated fixed towers.
(II) 71 fixed camera systems (with relocation capability),
which include Remote Video Surveillance Systems.
(III) 31 mobile surveillance systems, which include mobile
video surveillance systems, agent-portable surveillance
systems, and mobile surveillance capability systems.
(IV) 170 unattended ground sensors, including seismic,
imaging, and infrared.
(V) 24 handheld equipment devices, including handheld
thermal imaging systems and night vision goggles.
(VI) 1 communications repeater.
(VII) 1 sensor repeater.
(VIII) 2 camera refresh.
(ii) At points of entry, checkpoints.--At points of entry,
checkpoints the following:
(I) 4 non-intrusive inspection systems, including fixed and
mobile.
(II) 23 fiber-optic tank inspection scopes.
(III) 1 portable contraband detectors.
(IV) 19 radiation isotope identification devices updates.
(V) 1 real time radioscopy version 4.
(VI) 8 personal radiation detectors.
(E) Big bend, texas.--For Big Bend, Texas the following:
(i) Between ports of entry.--Between ports of entry the
following:
(I) 7 fixed camera systems (with relocation capability),
which include remote video surveillance systems.
(II) 29 mobile surveillance systems, which include mobile
video surveillance systems, agent-portable surveillance
systems, and mobile surveillance capability systems.
(III) 1105 unattended ground sensors, including seismic,
imaging, and infrared.
(IV) 131 handheld equipment devices, including handheld
thermal imaging systems and night vision goggles.
(V) 1 mid-range camera refresh.
(VI) 1 improved surveillance capabilities for existing
aerostat.
(VII) 27 sensor repeaters.
(VIII) 27 communications repeaters.
(ii) At points of entry, checkpoints.--At points of entry,
checkpoints the following:
(I) 7 fiber-optic tank inspection scopes.
(II) 3 license plate readers, including mobile, tactical,
and fixed.
(III) 12 portable contraband detectors.
(IV) 7 radiation isotope identification devices.
(V) 12 radiation isotope identification devices updates.
(VI) 254 personal radiation detectors.
(VII) 19 mobile automated targeting systems.
(F) Del rio, texas.--For Del Rio, Texas the following:
(i) Between ports of entry.--Between ports of entry the
following:
(I) 3 integrated fixed towers.
(II) 74 fixed camera systems (with relocation capability),
which include remote video surveillance systems.
(III) 47 mobile surveillance systems, which include mobile
video surveillance systems, agent-portable surveillance
systems, and mobile surveillance capability systems.
(IV) 868 unattended ground sensors, including seismic,
imaging, and infrared.
(V) 174 handheld equipment devices, including handheld
thermal imaging systems and night vision goggles.
(VI) 26 mobile/handheld inspection scopes and sensors for
checkpoints.
(VII) 1 improved surveillance capabilities for existing
aerostat.
(VIII) 21 sensor repeaters.
(IX) 21 communications repeaters.
(ii) At points of entry, checkpoints.--At points of entry,
checkpoints the following:
(I) 4 license plate readers, including mobile, tactical,
and fixed.
(II) 13 radiation isotope identification devices updates.
(III) 3 mobile automated targeting systems.
(IV) 6 land automated targeting systems.
(G) Laredo, texas.--For Laredo, Texas the following:
(i) Between the ports of entry.--Between ports of entry the
following:
(I) 2 integrated fixed towers.
(II) 69 fixed camera systems (with relocation capability),
which include remote video surveillance systems.
(III) 38 mobile surveillance systems, which include mobile
video surveillance systems, agent-portable surveillance
systems, and mobile surveillance capability systems.
(IV) 573 unattended ground sensors, including seismic,
imaging, and infrared.
(V) 124 handheld equipment devices, including handheld
thermal imaging systems and night vision goggles.
(VI) 38 sensor repeaters.
(VII) 38 communications repeaters.
(ii) At points of entry, checkpoints.--At points of entry,
checkpoints the following:
(I) 1 non-intrusive inspection system.
(II) 7 fiber-optic tank inspection scopes.
(III) 19 license plate readers, including mobile, tactical,
and fixed.
(IV) 2 backscatter.
(V) 14 portable contraband detectors.
(VI) 2 radiation isotope identification devices.
(VII) 18 radiation isotope identification devices updates.
(VIII) 16 personal radiation detectors.
(IX) 24 mobile automated targeting systems.
(X) 3 land automated targeting systems.
(H) Rio grande valley.--For Rio Grande Valley the
following:
(i) Between ports of entry.--Between ports of entry the
following:
(I) 1 integrated fixed towers.
(II) 87 fixed camera systems (with relocation capability),
which include remote video surveillance systems.
(III) 27 mobile surveillance systems, which include mobile
video surveillance systems, agent-portable surveillance
systems, and mobile surveillance capability systems.
(IV) 716 unattended ground sensors, including seismic,
imaging, and infrared.
(V) 205 handheld equipment devices, including handheld
thermal imaging systems and night vision goggles.
(VI) 4 sensor repeaters.
(VII) 1 communications repeater.
(VIII) 2 camera refresh.
(ii) At points of entry, checkpoints.--At points of entry,
checkpoints the following:
(I) 1 mobile non-intrusive inspection system.
(II) 11 fiberoptic tank inspection scopes.
(III) 1 license plate reader.
(IV) 2 backscatter.
(V) 2 card reader system.
(VI) 8 portable contraband detectors.
(VII) 5 radiation isotope identification devices.
(VIII) 18 radiation isotope identification devices updates.
(IX) 135 personal radiation detectors.
(iii) Air and marine across the southwest border.--For air
and marine across the Southwest border the following:
(I) 4 unmanned aircraft systems.
(II) 6 VADER radar systems.
(III) 17 UH-1N helicopters.
(IV) 8 C-206H aircraft upgrades.
(V) 8 AS-350 light enforcement helicopters.
(VI) 10 Blackhawk helicopter 10 A-L conversions, 5 new
Blackhawk M Model.
(VII) 30 marine vessels.
(4) Redeployment of resources to achieve effective
control.--The Secretary may reallocate the personnel,
infrastructure, and technologies required in the Southern
Border Security Strategy to achieve effective control of the
Southern border.
(5) Alternate technology.--If the Secretary determines that
an alternate or new technology is at least as effective as
the technologies described in paragraph (3) and provides a
commensurate level of security, the Secretary may deploy that
technology in its place and without regard to the minimums in
this section. The Secretary shall notify Congress within 60
days of any such determination.
(6) Annual report.--Beginning 1 year after the enactment of
this Act, and annually thereafter, the Secretary shall
provide to Congress a written report to Congress on the
[[Page S5362]]
sector-by-sector deployment of infrastructure and
technologies.
(7) Additional elements regarding execution.--The
Comprehensive Southern Border Security Strategy shall
describe--
(A) how the resources referred to in paragraph (2)(C) will
be properly aligned with the priorities referred to in
paragraph (2)(A) to ensure that the strategy will be
successfully executed;
(B) the interim goals that must be accomplished to
successfully implement the strategy; and
(C) the schedule and supporting milestones under which the
Department will accomplish the interim goals referred to in
subparagraph (B).
(8) Implementation.--
(A) In general.--The Secretary shall commence the
implementation of the Comprehensive Southern Border Security
Strategy immediately after submitting the strategy under
paragraph (1).
(B) Notice of commencement.--Upon commencing the
implementation of the strategy, the Secretary shall submit a
notice of commencement of such implementation to--
(i) Congress; and
(ii) the Comptroller General of the United States.
(9) Semiannual reports.--
(A) In general.--Not later than 180 days after the
Comprehensive Southern Border Security Strategy is submitted
under paragraph (1), and every 180 days thereafter, the
Secretary shall submit a report on the status of the
Department's implementation of the strategy to--
(i) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(ii) the Committee on Homeland Security of the House of
Representatives;
(iii) the Committee on Appropriations of the Senate;
(iv) the Committee on Appropriations of the House of
Representatives;
(v) the Committee on the Judiciary of the Senate;
(vi) the Committee on the Judiciary of the House of
Representatives; and
(vii) the Comptroller General of the United States.
(B) Elements.--Each report submitted under subparagraph (A)
shall include--
(i) a detailed description of the steps the Department has
taken, or plans to take, to execute the strategy submitted
under paragraph (1), including the progress made toward
achieving the interim goals and milestone schedule
established pursuant to subparagraphs (B) and (C) of
paragraph (3);
(ii) a detailed description of--
(I) any impediments identified in the Department's efforts
to execute the strategy;
(II) the actions the Department has taken, or plans to
take, to address such impediments; and
(III) any additional measures developed by the Department
to measure the state of security along the Southern border;
and
(iii) for each Border Patrol sector along the Southern
border--
(I) the effectiveness rate for each individual Border
Patrol sector and the aggregated effectiveness rate;
(II) the number of recidivist apprehensions, sorted by
Border Patrol sector; and
(III) the recidivism rate for all unique subjects that
received a criminal consequence through the Consequence
Delivery System process.
(C) Annual review.--The Comptroller General of the United
States shall conduct an annual review of the information
contained in the semiannual reports submitted by the
Secretary under this paragraph and submit an assessment of
the status and progress of the Southern Border Security
Strategy to the committees set forth in subparagraph (A).
(b) Southern Border Fencing Strategy.--
(1) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall establish a
strategy, to be known as the ``Southern Border Fencing
Strategy'', to identify where 700 miles of fencing (including
double-layer fencing), infrastructure, and technology,
including at ports of entry, should be deployed along the
Southern border.
(2) Submission.--The Secretary shall submit the Southern
Border Fencing Strategy to Congress and the Comptroller
General of the United States for review.
(3) Notice of commencement.--Upon commencing the
implementation of the Southern Border Fencing Strategy, the
Secretary shall submit a notice of commencement of the
implementation of the Strategy to Congress and the
Comptroller General of the United States.
(4) Consultation.--
(A) In general.--In implementing the Southern Border
Fencing Strategy required by this subsection, the Secretary
shall consult with the Secretary of the Interior, the
Secretary of Agriculture, States, local governments, Indian
tribes, and property owners in the United States to minimize
the impact on the environment, culture, commerce, and quality
of life for the communities and residents located near the
sites at which such fencing is to be constructed.
(B) Savings provision.--Nothing in this paragraph may be
construed to--
(i) create or negate any right of action for a State or
local government or other person or entity affected by this
subsection; or
(ii) affect the eminent domain laws of the United States or
of any State.
(5) Limitation on requirements.--Notwithstanding paragraph
(1), nothing in this subsection shall require the Secretary
to install fencing, or infrastructure that directly results
from the installation of such fencing, in a particular
location along the Southern border, if the Secretary
determines that the use or placement of such resources is not
the most appropriate means to achieve and maintain effective
control over the Southern border at such location.
SEC. 6. COMPREHENSIVE IMMIGRATION REFORM FUNDS.
(a) Comprehensive Immigration Reform Trust Fund.--
(1) Establishment.--There is established in the Treasury a
separate account, to be known as the Comprehensive
Immigration Reform Trust Fund (referred to in this section as
the ``Trust Fund''), consisting of--
(A) amounts transferred from the general fund of the
Treasury under paragraph (2)(A); and
(B) proceeds from the fees described in paragraph (2)(B).
(2) Deposits.--
(A) Initial funding.--On the later of the date of the
enactment of this Act or October 1, 2013, $46,300,000,000
shall be transferred from the general fund of the Treasury to
the Trust Fund.
(B) Ongoing funding.--Notwithstanding section 3302 of title
31, United States Code, in addition to the funding described
in subparagraph (A), and subject to paragraphs (3)(B) and
(4), the following amounts shall be deposited in the Trust
Fund:
(i) Electronic travel authorization system fees.--Fees
collected under section 217(h)(3)(B)(i)(II) of the
Immigration and Nationality Act, as added by section 1102(c).
(ii) Registered provisional immigrant penalties.--Penalties
collected under section 245B(c)(10)(C) of the Immigration and
Nationality Act, as added by section 2101.
(iii) Blue card penalty.--Penalties collected under section
2211(b)(9)(C).
(iv) Fine for adjustment from blue card status.--Fines
collected under section 245F(a)(5) of the Immigration and
Nationality Act, as added by section 2212(a).
(v) Penalties for false statements in applications.--Fines
collected under section 245F(f) of the Immigration and
Nationality Act, as added by section 2212(a).
(vi) Merit system green card fees.--Fees collected under
section 203(c)(6) of the Immigration and Nationality Act, as
amended by section 2301(a)(2).
(vii) H-1B and l visa fees.--Fees collected under section
281(d) of the Immigration and Nationality Act, as added by
section 4105.
(viii) H-1B outplacement fee.--Fees collected under section
212(n)(1)(F)(ii) of the Immigration and Nationality Act, as
amended by section 4211(d).
(ix) H-1B nonimmigrant dependent employer fees.--Fees
collected under section 4233(a)(2).
(x) L nonimmigrant dependent employer fees.--Fees collected
under section 4305(a)(2).
(xi) J-1 visa mitigation fees.--Fees collected under
section 281(e) of the Immigration and Nationality Act, as
added by section 4407.
(xii) F-1 visa fees.--Fees collected under section 281(f)
of the Immigration and Nationality Act, as added by section
4409.
(xiii) Retiree visa fees.--Fees collected under section
214(w)(1)(B) of the Immigration and Nationality Act, as added
by section 4504(b).
(xiv) Visitor visa fees.--Fees collected under section
281(g) of the Immigration and Nationality Act, as added by
section 4509.
(xv) H-2B visa fees.--Fees collected under section
214(x)(5)(A) of the Immigration and Nationality Act, as added
by section 4602(a).
(xvi) Nonimmigrants performing maintenance on common
carriers.--Fees collected under section 214(z) of the
Immigration and Nationality Act, as added by section 4604.
(xvii) X-1 visa fees.--Fees collected under section
214(s)(6) of the Immigration and Nationality Act, as added by
section 4801.
(xviii) Penalty for adjustment from registered provisional
immigrant status.--Penalties collected under section
245C(c)(5)(B) of the Immigration and Nationality Act, as
added by section 2102.
(C) Authority to adjust fees.--As necessary to carry out
the purposes of this Act, the Secretary may adjust the
amounts of the fees and penalties set out under subparagraph
(B), except for the fines and penalties referred to in
clauses (ii), (iii), (iv), or (xviii) of such subparagraph;
provided further that the Secretary shall adjust the amounts
of the fees and penalties set out under subparagraph (B),
except for the fines and penalties referred to in clauses
(ii), (iii), (iv), or (xviii) of such subparagraph to result
in no less than $500,000,000 being available for fiscal year
2014 and $1,000,000,000 for fiscal years 2015 through 2023
for appropriations for activities authorized under this Act.
If the Secretary determines that adjusting the fees and
penalties set out under subparagraph (B) will be insufficient
or impractical to cover the costs of the mandatory
enforcement expenditures in this Act, the Secretary may
charge an additional surcharge on every immigrant and
nonimmigrant petition filed with the Secretary in an amount
designed to be the minimum proportional surcharge necessary
to recover the annual mandatory enforcement expenditures in
this legislation.
(3) Use of funds.--
(A) Initial funding.--Of the amounts transferred to the
Trust Fund pursuant to paragraph (2)(A)--
[[Page S5363]]
(i) $30,000,000,000 shall remain available for the 10-year
period beginning on the date specified in paragraph (2)(A)
for use by the Secretary in hiring and deploying at least
19,200 additional trained full-time active duty U.S. Border
Patrol agents along the Southern Border;
(ii) $4,500,000,000 shall remain available for the 5-year
period beginning on the date specified in paragraph (2)(A)
for use by the Secretary to carry out the Comprehensive
Southern Border Security Strategy;
(iii) $2,000,000,000 shall remain available for the 10-year
period beginning on the date specified in paragraph (2)(A)
for use by the Secretary to carry out programs, projects, and
activities recommended by the Commission pursuant to section
4(d) to achieve and maintain the border security goal
specified in section 3(b), and for the administrative
expenses directly associated with convening the public
hearings required by section 3(c)(2)(A) and preparing and
providing summaries of such hearings required by section
3(c)(2)(B);
(iv) $8,000,000,000 shall be made available to the
Secretary, during the 5-year period beginning on the date of
the enactment of this Act, to procure and deploy fencing,
infrastructure, and technology in accordance with the
Southern Border Fencing Strategy established pursuant to
section 5(b), not less than $7,500,000,000 of which shall be
used to deploy, repair, or replace fencing;
(v) $750,000,000 shall remain available for the 6-year
period beginning on the date specified in paragraph (2)(A)
for use by the Secretary to expand and implement the
mandatory employment verification system, which shall be used
as required by section 274A of the Immigration and
Nationality Act (8 U.S.C. 1324a), as amended by section 3101;
(vi) $900,000,000 shall remain available for the 8-year
period beginning on the date specified in paragraph (2)(A)
for use by the Secretary of State to pay for one-time and
startup costs necessary to implement this Act; and
(vii) $150,000,000 shall remain available for the 2-year
period beginning on the date specified in paragraph (2)(A)
for use by the Secretary for transfer to the Secretary of
Labor, the Secretary of Agriculture, or the Attorney General,
for initial costs of implementing this Act.
(B) Repayment of trust fund expenses.--The first
$8,300,000,000 collected pursuant to the fees, penalties, and
fines referred to in clauses (ii), (iii), (iv), (vi), (xiii),
(xvii), and (xviii) of paragraph (2)(B) shall be collected,
deposited in the general fund of the Treasury, and used for
Federal budget deficit reduction. Collections in excess of
$8,300,000,000 shall be deposited into the Trust Fund, as
specified in paragraph (2)(B).
(C) Program implementation.--Amounts deposited into the
Trust Fund pursuant to paragraph (2)(B) shall be available
during each of fiscal years 2014 through 2018 as follows:
(i) $50,000,000 to carry out the activities referenced in
section 1104(a)(1).
(ii) $50,000,000 to carry out the activities referenced in
section 1104(b).
(D) Ongoing funding.--Subject to the availability of
appropriations, amounts deposited in the Trust Fund pursuant
to paragraph (2)(B) are authorized to be appropriated as
follows:
(i) Such sums as may be necessary to carry out the
authorizations included in this Act, including the costs,
including pay and benefits, associated with the additional
personnel required by section 1102.
(ii) Such sums as may be necessary to carry out the
operations and maintenance of border security and immigration
enforcement investments referenced in subparagraph (A).
(E) Expenditure plan.--The Secretary, in consultation with
the Attorney General and the Secretary of Defense, shall
submit to the Committee on Appropriations of the Senate, the
Committee on the Judiciary of the Senate, the Committee on
Appropriations of the House of Representatives, and the
Committee on the Judiciary of the House of Representatives,
in conjunction with the Comprehensive Southern Border
Strategy and the Southern Border Fencing Strategy, a plan for
expenditure that describes--
(i) the types and planned deployment of fixed, mobile,
video, and agent and officer portable surveillance and
detection equipment, including those recommended or provided
by the Department of Defense;
(ii) the number of Border Patrol agents and Customs and
Border Protection officers to be hired, including a detailed
description of which Border Patrol sectors and which land
border ports of entry they will be stationed;
(iii) the numbers and type of unarmed, unmanned aerial
systems and unarmed, fixed-wing and rotary aircraft,
including pilots, air interdiction agents, and support staff
to fly or otherwise operate and maintain the equipment;
(iv) the numbers, types, and planned deployment of marine
and riverine vessels, if any, including marine interdiction
agents and support staff to operate and maintain the vessels;
(v) the locations, amount, and planned deployment of
fencing, including double layer fencing, tactical and other
infrastructure, and technology, including but not limited to
fixed towers, sensors, cameras, and other detection
technology;
(vi) the numbers, types, and planned deployment of ground-
based mobile surveillance systems;
(vii) the numbers, types, and planned deployment of
tactical and other interoperable law enforcement
communications systems and equipment;
(viii) required construction, including repairs, expansion,
and maintenance, and location of additional checkpoints,
Border Patrol stations, and forward operating bases;
(ix) the number of additional attorneys and support staff
for the Office of the United States Attorney for Tucson;
(x) the number of additional support staff and interpreters
in the Office of the Clerk of the Court for Tucson;
(xi) the number of additional personnel, including Marshals
and Deputy Marshals for the United States Marshals Office for
Tucson;
(xii) the number of additional magistrate judges for the
southern border United States District Courts;
(xiii) activities to be funded by the Homeland Security
Border Oversight Task Force;
(xiv) amounts and types of grants to States and other
entities;
(xv) amounts and activities necessary to hire additional
personnel and for start-up costs related to upgrading
software and information technology necessary to transition
from a voluntary E-Verify system to mandatory employment
verification system under section 274A of the Immigration and
Nationality Act (8 U.S.C. 1324a) within 5 years;
(xvi) the number of additional personnel and other costs
associated with implementing the immigration courts and
removal proceedings mandated in subtitle E of title III;
(xvii) the steps the Commissioner of Social Security plans
to take to create a fraud-resistant, tamper-resistant, wear-
resistant, and identity-theft resistant Social Security card,
including--
(I) the types of equipment needed to create the card;
(II) the total estimated costs for completion that clearly
delineates costs associated with the acquisition of equipment
and transition to operation, subdivided by fiscal year and
including a description of the purpose by fiscal year for
design, pre-acquisition activities, production, and
transition to operation;
(III) the number and type of personnel, including contract
personnel, required to research, design, test, and produce
the card; and
(IV) a detailed schedule for production of the card,
including an estimated completion date at the projected
funding level provided in this Act; and
(xviii) the operations and maintenance costs associated
with the implementation of clauses (i) through (xvii).
(F) Annual revision.--The expenditure plan required in (E)
shall be revised and submitted with the President's budget
proposals for fiscal year 2016, 2017, 2018, and 2019 pursuant
to the requirements of section 1105(a) of title 31, United
States Code.
(G) Commission expenditure plan.--
(i) Requirement for plan.--If the Southern Border Security
Commission referenced in section 4 is established, the
Secretary shall submit to the appropriate committees of
Congress, not later than 60 days after the submission of the
review required by section 4(g), a plan for expenditure that
achieves the recommendations in the report required by
section 4(d) and the review required by section 4(g).
(ii) Appropriate committees of congress defined.--In clause
(i), the term ``appropriate committees of Congress'' means--
(I) the Committee on Appropriations, the Committee on the
Judiciary, and the Committee on Finance of the Senate; and
(II) the Committee on Appropriations, the Committee on the
Judiciary, and the Committee on Ways and Means of the House
of Representatives.
(4) Limitation on collection.--
(A) In general.--No fee deposited in the Trust Fund may be
collected except to the extent that the expenditure of the
fee is provided for in advance in an appropriations Act only
to pay the costs of activities and services for which
appropriations are authorized to be funded from the Trust
Fund.
(B) Receipts collected as offsetting receipts.--Until the
date of the enactment of an Act making appropriations for the
activities authorized under this Act through September 30,
2014, the fees authorized by paragraph (2)(B) that are not
deposited into the general fund pursuant to paragraph (3)(B)
may be collected and shall be credited as to the Trust Fund
to remain available until expended only to pay the costs of
activities and services for which appropriations are
authorized to be funded from the Trust Fund.
(b) Comprehensive Immigration Reform Startup Account.--
(1) Establishment.--There is established in the Treasury a
separate account, to be known as the ``Comprehensive
Immigration Reform Startup Account,'' (referred to in this
section as the ``Startup Account''), consisting of amounts
transferred from the general fund of the Treasury under
paragraph (2).
(2) Deposits.--There is appropriated to the Startup
Account, out of any funds in the Treasury not otherwise
appropriated, $3,000,000,000, to remain available until
expended on the later of the date that is--
(A) the date of the enactment of this Act; or
(B) October 1, 2013.
(3) Repayment of startup costs.--
(A) In general.--Notwithstanding section 286(m) of the
Immigration and Nationality
[[Page S5364]]
Act (8 U.S.C. 1356(m)), 50 percent of fees collected under
section 245B(c)(10)(A) of the Immigration and Nationality
Act, as added by section 2101 of this Act, shall be deposited
monthly in the general fund of the Treasury and used for
Federal budget deficit reduction until the funding provided
by paragraph (2) has been repaid.
(B) Deposit in the immigration examinations fee account.--
Fees collected in excess of the amount referenced in
subparagraph (A) shall be deposited in the Immigration
Examinations Fee Account, pursuant to section 286(m) of the
Immigration and Nationality Act (8 U.S.C. 1356(m)), and shall
remain available until expended pursuant to section 286(n) of
the Immigration and Nationality Act (8 U.S.C. 1356(n)).
(4) Use of funds.--The Secretary shall use the amounts
transferred to the Startup Account to pay for one-time and
startup costs necessary to implement this Act, including--
(A) equipment, information technology systems,
infrastructure, and human resources;
(B) outreach to the public, including development and
promulgation of any regulations, rules, or other public
notice;
(C) grants to community and faith-based organizations; and
(D) anti-fraud programs and actions related to
implementation of this Act.
(5) Expenditure plan.--Not later than 90 days after the
date of the enactment of this Act, the Secretary, in
consultation with the Attorney General and the Secretary of
Defense, shall submit to the Committee on Appropriations and
the Committee on the Judiciary of the Senate and the
Committee on Appropriations and the Committee on the
Judiciary of the House of Representatives, a plan for
expenditure of the one-time and startup funds in the Startup
Account that provides details on--
(A) the types of equipment, information technology systems,
infrastructure, and human resources;
(B) the plans for outreach to the public, including
development and promulgation of any regulations, rules, or
other public notice;
(C) the types and amounts of grants to community and faith-
based organizations; and
(D) the anti-fraud programs and actions related to
implementation of this Act.
(c) Annual Audits.--
(1) Audits required.--Not later than October 1 each year
beginning on or after the date of the enactment of this Act,
the Chief Financial Officer of the Department of Homeland
Security shall, in conjunction with the Inspector General of
the Department of Homeland Security, conduct an audit of the
Trust Fund.
(2) Reports.--Upon completion of each audit of the Trust
Fund under paragraph (1), the Chief Financial Officer shall,
in conjunction with the Inspector General, submit to
Congress, and make available to the public on an Internet
website of the Department available to the public, a jointly
audited financial statement concerning the Trust Fund.
(3) Elements.--Each audited financial statement under
paragraph (2) shall include the following:
(A) The report of an independent certified public
accountant.
(B) A balance sheet reporting admitted assets, liabilities,
capital and surplus.
(C) A statement of cash flow.
(D) Such other information on the Trust Fund as the Chief
Financial Officer, the Inspector General, or the independent
certified public accountant considers appropriate to
facilitate a comprehensive understanding of the Trust Fund
during the year covered by the financial statement.
(d) Determination of Budgetary Effects.--
(1) Emergency designation for congressional enforcement.--
In the Senate, amounts appropriated by or deposited in the
general fund of the Treasury pursuant to this section are
designated as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
(2) Emergency designation for statutory paygo.--Amounts
appropriated by or deposited in the general fund of the
Treasury pursuant to this section are designated as an
emergency requirement under section 4(g) of the Statutory
Pay-As-You-Go Act of 2010 (Public Law 111-139; 2 U.S.C.
933(g)).
SEC. 7. REFERENCE TO THE IMMIGRATION AND NATIONALITY ACT.
Except as otherwise expressly provided, whenever in this
Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Immigration and Nationality Act (8
U.S.C. 1101 et seq.).
SEC. 8. DEFINITIONS.
In this Act:
(1) Department.--Except as otherwise provided, the term
``Department'' means the Department of Homeland Security.
(2) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of Homeland Security.
SEC. 9. GRANT ACCOUNTABILITY.
(a) Definitions.--In this section:
(1) Awarding entities.--The term ``awarding entities''
means the Secretary of Homeland Security, the Director of the
Federal Emergency Management Agency (FEMA), the Chief of the
Office of Citizenship and New Americans, as designated by
this Act, and the Director of the National Science
Foundation.
(2) Nonprofit organization.--The term ``nonprofit
organization'' means an organization that is described in
section 501(c)(3) of the Internal Revenue Code of 1986 and is
exempt from taxation under section 501(a) of such Code.
(3) Unresolved audit finding.--The term ``unresolved audit
finding'' means a finding in a final audit report conducted
by the Inspector General of the Department of Homeland
Security, or the Inspector General for the National Science
Foundation for grants awarded by the Director of the National
Science Foundation, that the audited grantee has utilized
grant funds for an unauthorized expenditure or otherwise
unallowable cost that is not closed or resolved within 1 year
from the date when the final audit report is issued.
(b) Accountability.--All grants awarded by awarding
entities pursuant to this Act shall be subject to the
following accountability provisions:
(1) Audit requirement.--
(A) Audits.--Beginning in the first fiscal year beginning
after the date of the enactment of this section, and in each
fiscal year thereafter, the Inspector General of the
Department of Homeland Security, or the Inspector General for
the National Science Foundation for grants awarded by the
Director of the National Science Foundation, shall conduct
audits of recipients of grants under this Act to prevent
waste, fraud, and abuse of funds by grantees. The Inspector
Generals shall determine the appropriate number of grantees
to be audited each year.
(B) Mandatory exclusion.--A recipient of grant funds under
this Act that is found to have an unresolved audit finding
shall not be eligible to receive grant funds under this Act
during the first 2 fiscal years beginning after the end of
the 1-year period described in subsection (a)(3).
(C) Priority.--In awarding grants under this Act, the
awarding entities shall give priority to eligible applicants
that did not have an unresolved audit finding during the 3
fiscal years before submitting an application for a grant
under this Act.
(D) Reimbursement.--If an entity is awarded grant funds
under this Act during the 2-fiscal-year period during which
the entity is barred from receiving grants under subparagraph
(B), the awarding entity shall--
(i) deposit an amount equal to the amount of the grant
funds that were improperly awarded to the grantee into the
General Fund of the Treasury; and
(ii) seek to recoup the costs of the repayment to the fund
from the grant recipient that was erroneously awarded grant
funds.
(2) Nonprofit organization requirements.--
(A) Prohibition.--An awarding entity may not award a grant
under this Act to a nonprofit organization that holds money
in offshore accounts for the purpose of avoiding paying the
tax described in section 511(a) of the Internal Revenue Code
of 1986.
(B) Disclosure.--Each nonprofit organization that is
awarded a grant under this Act and uses the procedures
prescribed in regulations to create a rebuttable presumption
of reasonableness for the compensation of its officers,
directors, trustees, and key employees, shall disclose to the
awarding entity, in the application for the grant, the
process for determining such compensation, including the
independent persons involved in reviewing and approving such
compensation, the comparability data used, and
contemporaneous substantiation of the deliberation and
decision. Upon request, the awarding entity shall make the
information disclosed under this subparagraph available for
public inspection.
(3) Conference expenditures.--
(A) Limitation.--No amounts authorized to be appropriated
to the Department of Homeland Security or the National
Science Foundation for grant programs under this Act may be
used by an awarding entity or by any individual or entity
awarded discretionary funds through a cooperative agreement
under this Act to host or support any expenditure for
conferences that uses more than $20,000 in funds made
available by the Department of Homeland Security or the
National Science Foundation unless the Deputy Secretary for
Homeland Security, or the Deputy Director of the National
Science Foundation, or their designee, provides prior written
authorization that the funds may be expended to host the
conference.
(B) Written approval.--Written approval under subparagraph
(A) shall include a written estimate of all costs associated
with the conference, including the cost of all food,
beverages, audio-visual equipment, honoraria for speakers,
and entertainment.
(C) Report.--The Deputy Secretary of Homeland Security and
the Deputy Director of the National Science Foundation shall
submit an annual report to Congress on all conference
expenditures approved under this paragraph.
(4) Annual certification.--Beginning in the first fiscal
year beginning after the date of the enactment of this
subsection, each awarding entity shall submit to Congress a
report--
(A) indicating whether--
(i) all audits issued by the Offices of the Inspector
General under paragraph (1) have been completed and reviewed
by the appropriate individuals;
[[Page S5365]]
(ii) all mandatory exclusions required under paragraph
(1)(B) have been issued; and
(iii) all reimbursements required under paragraph (1)(D)
have been made; and
(B) including a list of any grant recipients excluded under
paragraph (1) from the previous year.
TITLE I--BORDER SECURITY AND OTHER PROVISIONS
Subtitle A--Border Security
SEC. 1101. DEFINITIONS.
In this title:
(1) Northern border.--The term ``Northern border'' means
the international border between the United States and
Canada.
(2) Rural, high-trafficked areas.--The term ``rural, high-
trafficked areas'' means rural areas through which drugs and
undocumented aliens are routinely smuggled, as designated by
the Commissioner of U.S. Customs and Border Protection.
(3) Southern border.--The term ``Southern border'' means
the international border between the United States and
Mexico.
(4) Southwest border region.--The term ``Southwest border
region'' means the area in the United States that is within
100 miles of the Southern border.
SEC. 1102. ADDITIONAL U.S. BORDER PATROL AND U.S. CUSTOMS AND
BORDER PROTECTION OFFICERS.
(a) U.S. Border Patrol.--Not later than September 30, 2021,
the Secretary shall increase the number of trained full-time
active duty U.S. Border Patrol agents deployed to the
Southern border to 38,405.
(b) U.S. Customs and Border Protection.--Not later than
September 30, 2017, the Secretary shall increase the number
of trained U.S. Customs and Border Protection officers by
3,500, compared to the number of such officers as of the date
of the enactment of this Act. In allocating any new officers
to international land ports of entry and high volume
international airports, the primary goals shall be to
increase security and reduce wait times of commercial and
passenger vehicles at international land ports of entry and
primary processing wait times at high volume international
airports by 50 percent by fiscal year 2104 and screening all
air passengers within 45 minutes under normal operating
conditions or 80 percent of passengers within 30 minutes by
fiscal year 2016. The Secretary shall make progress in
increasing such number of officers during each of the fiscal
years 2014 through 2017.
(c) Air and Marine Unmanned Aircraft Systems Crew.--Not
later than September 30, 2015, the Secretary shall increase
the number of trained U.S. Customs and Border Protection Air
and Marine unmanned aircraft systems crew, marine agent, and
personnel by 160 compared to the number of such officers as
of the date of the enactment of this Act. The Secretary shall
increase and maintain Customs and Border Protection Office of
Air and Marine flight hours to 130,000 annually.
(d) Construction.--Nothing in subsection (a) may be
construed to preclude the Secretary from reassigning or
stationing U.S. Customs and Border Protection Officers and
U.S. Border Patrol Agents from the Northern border to the
Southern border.
(e) Funding.--Section 217(h)(3)(B) (8 U.S.C. 1187(h)(3)(B))
is amended--
(1) in clause (i)--
(A) by striking ``No later than 6 months after the date of
enactment of the Travel Promotion Act of 2009, the'' and
inserting ``The'';
(B) in subclause (I), by striking ``and'' at the end;
(C) by redesignating subclause (II) as subclause (III); and
(D) by inserting after subclause (I) the following:
``(II) $16 for border processing; and'';
(2) in clause (ii), by striking ``Amounts collected under
clause (i)(II)'' and inserting ``Amounts collected under
clause (i)(II) shall be deposited into the Comprehensive
Immigration Reform Trust Fund established under section
6(a)(1) of the Border Security, Economic Opportunity, and
Immigration Modernization Act, for the purpose of
implementing section 1102(b) of such Act. Amounts collected
under clause (i)(III)''; and
(3) by striking clause (iii).
(f) Corporation for Travel Promotion.--Section 9(d)(2)(B)
of the Travel Promotion Act of 2009 (22 U.S.C. 2131(d)(2)(B))
is amended by striking ``For each of fiscal years 2012
through 2015,'' and inserting ``For each fiscal year after
2012,''.
(g) Recruitment of Former Members of the Armed Forces and
Members of Reserve Components of the Armed Forces.--
(1) Requirement for program.--The Secretary, in conjunction
with the Secretary of Defense, shall establish a program to
actively recruit members of the reserve components of the
Armed Forces and former members of the Armed Forces,
including the reserve components, to serve in United States
Customs and Border Protection and United States Immigration
and Customs Enforcement.
(2) Recruitment incentives.--
(A) Student loan repayments for united states border patrol
agents with a three-year commitment.--Section 5379(b) of
title 5, United States Code, is amended by adding at the end
the following new paragraph:
``(4) In the case of an employee who is otherwise eligible
for benefits under this section and who is serving as a full-
time active-duty United States border patrol agent within the
Department of Homeland Security--
``(A) paragraph (2)(A) shall be applied by substituting
`$20,000' for `$10,000'; and
``(B) paragraph (2)(B) shall be applied by substituting
`$80,000' for `$60,000'.''.
(B) Recruitment and relocation bonuses and retention
allowances for personnel of the department of homeland
security.--The Secretary of Homeland Security shall ensure
that the authority to pay recruitment and relocation bonuses
under section 5753 of title 5, United States Code, the
authority to pay retention bonuses under section 5754 of such
title, and any other similar authorities available under any
other provision of law, rule, or regulation, are exercised to
the fullest extent allowable in order to encourage service in
the Department of Homeland Security.
(3) Report on recruitment incentives.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary and the Secretary of
Defense shall jointly submit to the appropriate committees of
Congress a report including an assessment of the desirability
and feasibility of offering incentives to members of the
reserve components of the Armed Forces and former members of
the Armed Forces, including the reserve components, for the
purpose of encouraging such members to serve in United States
Customs and Border Protection and Immigration and Customs
Enforcement.
(B) Content.--The report required by subparagraph (A) shall
include--
(i) a description of various monetary and non-monetary
incentives considered for purposes of the report; and
(ii) an assessment of the desirability and feasibility of
utilizing any such incentive.
(4) Appropriate committees of congress defined.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Appropriations, the Committee on Armed
Services, and the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Committee on Appropriations, the Committee on Armed
Services, and the Committee on Homeland Security of the House
of Representatives.
(h) Report.--Prior to the hiring and training of additional
U.S. Customs and Border Protection officers under subsection
(a), the Secretary shall submit to Congress a report on
current wait times at land, air, and sea ports of entry,
officer staffing at land, air, and sea ports of entry and
projections for new officer allocation at land, air, and sea
ports of entry designed to implement subsection (a),
including the need to hire non-law enforcement personnel for
administrative duties.
SEC. 1103. NATIONAL GUARD SUPPORT TO SECURE THE SOUTHERN
BORDER.
(a) In General.--With the approval of the Secretary of
Defense, the Governor of a State may order any unit or
personnel of the National Guard of such State to perform
operations and missions under section 502(f) of title 32,
United States Code, in the Southwest Border region for the
purposes of assisting U.S. Customs and Border Protection in
securing the Southern border.
(b) Assignment of Operations and Missions.--
(1) In general.--National Guard units and personnel
deployed under subsection (a) may be assigned such operations
and missions specified in subsection (c) as may be necessary
to secure the Southern border.
(2) Nature of duty.--The duty of National Guard personnel
performing operations and missions described in paragraph (1)
shall be full-time duty under title 32, United States Code.
(c) Range of Operations and Missions.--The operations and
missions assigned under subsection (b) shall include the
temporary authority--
(1) to construct fencing, including double-layer and
triple-layer fencing;
(2) to increase ground-based mobile surveillance systems;
(3) to deploy additional unmanned aerial systems and manned
aircraft sufficient to maintain continuous surveillance of
the Southern border;
(4) to deploy and provide capability for radio
communications interoperability between U.S. Customs and
Border Protection and State, local, and tribal law
enforcement agencies;
(5) to construct checkpoints along the Southern border to
bridge the gap to long-term permanent checkpoints; and
(6) to provide assistance to U.S. Customs and Border
Protection, particularly in rural, high-trafficked areas, as
designated by the Commissioner of U.S. Customs and Border
Protection.
(d) Materiel and Logistical Support.--The Secretary of
Defense shall deploy such materiel and equipment and
logistical support as may be necessary to ensure success of
the operations and missions conducted by the National Guard
under this section.
(e) Exclusion From National Guard Personnel Strength
Limitations.--National Guard personnel deployed under
subsection (a) shall not be included in--
(1) the calculation to determine compliance with limits on
end strength for National Guard personnel; or
(2) limits on the number of National Guard personnel that
may be placed on active duty for operational support under
section 115 of title 10, United States Code.
SEC. 1104. ENHANCEMENT OF EXISTING BORDER SECURITY
OPERATIONS.
(a) Border Crossing Prosecutions.--
(1) In general.--From the amounts made available pursuant
to the appropriations in
[[Page S5366]]
paragraph (3), funds shall be made available--
(A) to increase the number of border crossing prosecutions
in the Tucson Sector of the Southwest border region to up to
210 prosecutions per day through increasing funding available
for--
(i) attorneys and administrative support staff in the
Office of the United States Attorney for Tucson;
(ii) support staff and interpreters in the Office of the
Clerk of the Court for Tucson;
(iii) pre-trial services;
(iv) activities of the Federal Public Defender Office for
Tucson; and
(v) additional personnel, including Deputy United States
Marshals in the United States Marshals Office for Tucson to
perform intake, coordination, transportation, and court
security; and
(B) reimburse Federal, State, local, and tribal law
enforcement agencies for any detention costs related to the
border crossing prosecutions carried out pursuant to
subparagraph (A).
(2) Additional magistrate judges to assist with increased
caseload.--The chief judge of the United States District
Court for the District of Arizona is authorized to appoint
additional full-time magistrate judges, who, consistent with
the Constitution and laws of the United States, shall have
the authority to hear cases and controversies in the judicial
district in which the respective judges are appointed.
(3) Funding.--There are authorized to be appropriated, from
the Comprehensive Immigration Reform Trust Fund established
under section 6(a)(1), such sums as may be necessary to carry
out this subsection.
(b) Operation Stonegarden.--
(1) In general.--The Federal Emergency Management Agency
shall enhance law enforcement preparedness and operational
readiness along the borders of the United States through
Operation Stonegarden. The amounts available under this
paragraph are in addition to any other amounts otherwise made
available for Operation Stonegarden. Grants under this
subsection shall be allocated based on sector-specific border
risk methodology, based on factors including threat,
vulnerability, miles of border, and other border-specific
information. Allocations for grants and reimbursements to law
enforcement agencies under this paragraph shall be made by
the Federal Emergency Management Agency through a competitive
process.
(2) Funding.--There are authorized to be appropriated, from
the amounts made available under section 6(a)(3)(A)(i), such
sums as may be necessary to carry out this subsection.
(c) Infrastructure Improvements.--
(1) Border patrol stations.--The Secretary shall--
(A) construct additional Border Patrol stations in the
Southwest border region that U.S. Border Patrol determines
are needed to provide full operational support in rural,
high-trafficked areas; and
(B) analyze the feasibility of creating additional Border
Patrol sectors along the Southern border to interrupt drug
trafficking operations.
(2) Forward operating bases.--The Secretary shall enhance
the security of the Southwest border region by--
(A) establishing additional permanent forward operating
bases for the U.S. Border Patrol, as needed;
(B) upgrading the existing forward operating bases to
include modular buildings, electricity, and potable water;
and
(C) ensuring that forward operating bases surveil and
interdict individuals entering the United States unlawfully
immediately after such individuals cross the Southern border.
(3) Safe and secure border infrastructure.--The Secretary
and the Secretary of Transportation, in consultation with the
governors of the States in the Southwest border region and
the Northern border region, shall establish a grant program,
which shall be administered by the Secretary of
Transportation and the General Services Administration, to
construct transportation and supporting infrastructure
improvements at existing and new international border
crossings necessary to facilitate safe, secure, and efficient
cross border movement of people, motor vehicles, and cargo.
(4) Authorization of appropriations.--There is authorized
to be appropriated for each of fiscal years 2014 through 2018
such sums as may be necessary to carry out this subsection.
(d) Additional Permanent District Court Judgeships in
Southwest Border States.--
(1) In general.--The President shall appoint, by and with
the advice and consent of the Senate--
(A) 2 additional district judges for the district of
Arizona;
(B) 3 additional district judges for the eastern district
of California;
(C) 2 additional district judges for the western district
of Texas; and
(D) 1 additional district judge for the southern district
of Texas.
(2) Conversions of temporary district court judgeships.--
The existing judgeships for the district of Arizona and the
central district of California authorized by section 312(c)
of the 21st Century Department of Justice Appropriations
Authorization Act (28 U.S.C. 133 note; Public Law 107-273;
116 Stat. 1788), as of the effective date of this Act, shall
be authorized under section 133 of title 28, United States
Code, and the incumbents in those offices shall hold the
office under section 133 of title 28, United States Code, as
amended by this Act.
(3) Technical and conforming amendments.--The table
contained in section 133(a) of title 28, United States Code,
is amended--
(A) by striking the item relating to the district of
Arizona and inserting the following:
``Arizona.................................................. 15'';
(B) by striking the item relating to California and
inserting the following:
``California:
Northern................................................. 14
Eastern.................................................. 9
Central.................................................. 28
Southern................................................. 13''; and
(C) by striking the item relating to Texas and inserting
the following:
``Texas:
Northern................................................. 12
Southern................................................. 20
Eastern.................................................. 7
Western.................................................. 15''.
(4) Increase in filing fees.--
(A) In general.--Section 1914(a) of title 28, United States
Code, is amended by striking ``$350'' and inserting ``$360''.
(B) Expenditure limitation.--Incremental amounts collected
by reason of the enactment of this paragraph shall be
deposited as offsetting receipts in the ``Judiciary Filing
Fee'' special fund of the Treasury established under section
1931 of title 28, United States Code. Such amounts shall be
available solely for the purpose of facilitating the
processing of civil cases, but only to the extent
specifically appropriated by an Act of Congress enacted after
the date of the enactment of this Act.
(5) Whistleblower protection.--
(A) In general.--No officer, employee, agent, contractor,
or subcontractor of the judicial branch may discharge,
demote, threaten, suspend, harass, or in any other manner
discriminate against an employee in the terms and conditions
of employment because of any lawful act done by the employee
to provide information, cause information to be provided, or
otherwise assist in an investigation regarding any possible
violation of Federal law or regulation, or misconduct, by a
judge, justice, or any other employee in the judicial branch,
which may assist in the investigation of the possible
violation or misconduct.
(B) Civil action.--An employee injured by a violation of
subparagraph (A) may, in a civil action, obtain appropriate
relief.
SEC. 1105. BORDER SECURITY ON CERTAIN FEDERAL LAND.
(a) Definitions.--In this section:
(1) Federal lands.--The term ``Federal lands'' includes all
land under the control of the Secretary concerned that is
located within the Southwest border region in the State of
Arizona along the international border between the United
States and Mexico.
(2) Secretary concerned.--The term ``Secretary concerned''
means--
(A) with respect to land under the jurisdiction of the
Secretary of Agriculture, the Secretary of Agriculture; and
(B) with respect to land under the jurisdiction of the
Secretary of the Interior, the Secretary of the Interior.
(b) Support for Border Security Needs.--To achieve
effective control of Federal lands--
(1) the Secretary concerned, notwithstanding any other
provision of law, shall authorize and provide U.S. Customs
and Border Protection personnel with immediate access to
Federal lands for security activities, including--
(A) routine motorized patrols; and
(B) the deployment of communications, surveillance, and
detection equipment;
(2) the security activities described in paragraph (1)
shall be conducted, to the maximum extent practicable, in a
manner that the Secretary determines will best protect the
natural and cultural resources on Federal lands; and
(3) the Secretary concerned may provide education and
training to U.S. Customs and Border Protection personnel on
the natural and cultural resources present on individual
Federal land units.
(c) Programmatic Environmental Impact Statement.--
(1) In general.--After implementing subsection (b), the
Secretary, in consultation with the Secretaries concerned,
shall prepare and publish in the Federal Register a notice of
intent to prepare a programmatic environmental impact
statement in accordance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) to analyze the
impacts of the activities described in subsection (b).
(2) Effect on processing application and special use
permits.--The pending completion of a programmatic
environmental impact statement under this section shall not
result in any delay in the processing or approving of
applications or special use permits by the Secretaries
concerned for the activities described in subsection (b).
(3) Amendment of land use plans.--The Secretaries concerned
shall amend any land use plans, as appropriate, upon
completion of the programmatic environmental impact statement
described in subsection (b).
(4) Scope of programmatic environmental impact statement.--
The programmatic environmental impact statement described in
paragraph (1)--
[[Page S5367]]
(A) may be used to advise the Secretary on the impact on
natural and cultural resources on Federal lands; and
(B) shall not control, delay, or restrict actions by the
Secretary to achieve effective control on Federal lands.
(d) Intermingled State and Private Land.--This section
shall not apply to any private or State-owned land within the
boundaries of Federal lands.
SEC. 1106. EQUIPMENT AND TECHNOLOGY.
(a) Enhancements.--The Commissioner of U.S. Customs and
Border Protection, working through U.S. Border Patrol,
shall--
(1) deploy additional mobile, video, and agent-portable
surveillance systems, and unarmed, unmanned aerial vehicles
in the Southwest border region as necessary to provide 24-
hour operation and surveillance;
(2) operate unarmed unmanned aerial vehicles along the
Southern border for 24 hours per day and for 7 days per week;
(3) deploy unarmed additional fixed-wing aircraft and
helicopters along the Southern border;
(4) acquire new rotorcraft and make upgrades to the
existing helicopter fleet;
(5) increase horse patrols in the Southwest border region;
and
(6) acquire and deploy watercraft and other equipment to
provide support for border-related maritime anti-crime
activities.
(b) Limitation.--
(1) In general.--Notwithstanding paragraphs (1) and (2) of
subsection (a), and except as provided in paragraph (2), U.S.
Border Patrol may not operate unarmed, unmanned aerial
vehicles in the San Diego and El Centro Sectors, except
within 3 miles of the Southern border.
(2) Exception.--The limitation under this subsection shall
not restrict the maritime operations of U.S. Customs and
Border Protection.
(c) Authorization of Appropriations.--In addition to
amounts otherwise authorized to be appropriated, there is
authorized to be appropriated to U.S. Customs and Border
Protection such sums as may be necessary to carry out
subsection (a) during fiscal years 2014 through 2018.
SEC. 1107. ACCESS TO EMERGENCY PERSONNEL.
(a) Southwest Border Region Emergency Communications
Grants.--
(1) In general.--The Secretary, in consultation with the
governors of the States in the Southwest border region, shall
establish a 2-year grant program, to be administered by the
Secretary, to improve emergency communications in the
Southwest border region.
(2) Eligibility for grants.--An individual is eligible to
receive a grant under this subsection if the individual
demonstrates that he or she--
(A) regularly resides or works in the Southwest border
region;
(B) is at greater risk of border violence due to the lack
of cellular service at his or her residence or business and
his or her proximity to the Southern border.
(3) Use of grants.--Grants awarded under this subsection
may be used to purchase satellite telephone communications
systems and service that--
(A) can provide access to 9-1-1 service; and
(B) are equipped with global positioning systems.
(4) Authorization of appropriations.--There is authorized
to be appropriated such sums as may be necessary to carry out
the grant program established under this subsection.
(b) Interoperable Communications for Law Enforcement.--
(1) Federal law enforcement.--There are authorized to be
appropriated, to the Department, the Department of Justice,
and the Department of the Interior, during the 5-year period
beginning on the date of the enactment of this Act, such sums
as may be necessary--
(A) to purchase, through a competitive procurement process,
P25-compliant radios, which may include a multi-band option,
for Federal law enforcement agents working in the Southwest
border region in support of the activities of U.S. Customs
and Border Protection and U.S. Immigration and Customs
Enforcement, including law enforcement agents of the Drug
Enforcement Administration, the Bureau of Alcohol, Tobacco,
Firearms and Explosives, the Department of the Interior, and
the Forest Service; and
(B) to upgrade, through a competitive procurement process,
the communications network of the Department of Justice to
ensure coverage and capacity, particularly when immediate
access is needed in times of crisis, in the Southwest Border
region for appropriate law enforcement personnel of the
Department of Justice (including the Drug Enforcement
Administration and the Bureau of Alcohol, Tobacco, Firearms
and Explosives), the Department (including U.S. Immigration
and Customs Enforcement and U.S. Customs and Border
Protection), the United States Marshals Service, other
Federal agencies, the State of Arizona, tribes, and local
governments.
(2) State and local law enforcement.--
(A) Authorization of appropriations.--There is authorized
to be appropriated to the Department of Justice, during the
5-year period beginning on the date of the enactment of this
Act, such sums as may be necessary to purchase, through a
competitive procurement process, P25-compliant radios, which
may include a multi-band option, for State and local law
enforcement agents working in the Southwest border region.
(B) Access to federal spectrum.--If a State, tribal, or
local law enforcement agency in the Southwest border region
experiences an emergency situation that necessitates
immediate communication with the Department of Justice, the
Department, the Department of the Interior, or any of their
respective subagencies, such law enforcement agency shall
have access to the spectrum assigned to such Federal agency
for the duration of such emergency situation.
(c) Distress Beacons.--
(1) In general.--The Commissioner of U.S. Customs and
Border Protection, working through U.S. Border Patrol,
shall--
(A) identify areas near the Northern border and the
Southern border where migrant deaths are occurring due to
climatic and environmental conditions; and
(B) deploy up to 1,000 beacon stations in the areas
identified pursuant to subparagraph (A).
(2) Features.--Beacon stations deployed pursuant to
paragraph (1) should--
(A) include a self-powering mechanism, such as a solar-
powered radio button, to signal U.S. Border Patrol personnel
or other emergency response personnel that a person at that
location is in distress;
(B) include a self-powering cellular phone relay limited to
911 calls to allow persons in distress in the area who are
unable to get to the beacon station to signal their location
and access emergency personnel; and
(C) be movable to allow U.S. Border Patrol to relocate them
as needed--
(i) to mitigate migrant deaths;
(ii) to facilitate access to emergency personnel; and
(iii) to address any use of the beacons for diversion by
criminals.
SEC. 1108. SOUTHWEST BORDER REGION PROSECUTION INITIATIVE.
(a) Reimbursement to State and Local Prosecutors for
Federally Initiated Criminal Cases.--The Attorney General
shall reimburse State, county, tribal, and municipal
governments for costs associated with the prosecution,
pretrial services and detention, clerical support, and public
defenders' services associated with the prosecution of
federally initiated immigration-related criminal cases
declined by local offices of the United States Attorneys.
(b) Exception.--Reimbursement under subsection (a) shall
not be available, at the discretion of the Attorney General,
if the Attorney General determines that there is reason to
believe that the jurisdiction seeking reimbursement has
engaged in unlawful conduct in connection with immigration-
related apprehensions.
(c) Authorization of Appropriations.--There is authorized
to be appropriated such sums as may be necessary to carry out
subsection (a) during fiscal years 2014 through 2018.
SEC. 1109. INTERAGENCY COLLABORATION.
The Assistant Secretary of Defense for Research and
Engineering shall collaborate with the Under Secretary of
Homeland Security for Science and Technology to identify
equipment and technology used by the Department of Defense
that could be used by U.S. Customs and Border Protection to
improve the security of the Southern border by--
(1) detecting border tunnels;
(2) detecting the use of ultralight aircraft;
(3) enhancing wide aerial surveillance; and
(4) otherwise improving the enforcement of such border.
SEC. 1110. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.
(a) SCAAP Reauthorization.--Section 241(i)(5)(C) (8 U.S.C.
1231(i)(5)) is amended by striking ``2011.'' and inserting
``2015.''.
(b) SCAAP Assistance for States.--
(1) Assistance for states incarcerating undocumented aliens
charged with certain crimes.--Section 241(i)(3)(A) (8 U.S.C.
1231(i)(3)(A)) is amended by inserting ``charged with or''
before ``convicted''.
(2) Assistance for states incarcerating unverified
aliens.--Section 241(i) (8 U.S.C. 1231(i)), as amended by
subsection (a), is further amended--
(A) by redesignating paragraphs (4), (5), and (6), as
paragraphs (5), (6), and (7), respectively;
(B) in paragraph (7), as so redesignated, by striking
``(5)'' and inserting ``(6)''; and
(C) by adding after paragraph (3) the following:
``(4) In the case of an alien whose immigration status is
unable to be verified by the Secretary of Homeland Security,
and who would otherwise be an undocumented criminal alien if
the alien is unlawfully present in the United States, the
Attorney General shall compensate the State or political
subdivision of the State for incarceration of the alien,
consistent with subsection (i)(2).''.
SEC. 1111. USE OF FORCE.
Not later than 180 days after the date of the enactment of
this Act, the Secretary, in consultation with the Assistant
Attorney General for the Civil Rights Division of the
Department of Justice, shall issue policies governing the use
of force by all Department personnel that--
(1) require all Department personnel to report each use of
force; and
(2) establish procedures for--
(A) accepting and investigating complaints regarding the
use of force by Department personnel;
(B) disciplining Department personnel who violate any law
or Department policy relating to the use of force; and
[[Page S5368]]
(C) reviewing all uses of force by Department personnel to
determine whether the use of force--
(i) complied with Department policy; or
(ii) demonstrates the need for changes in policy, training,
or equipment.
SEC. 1112. TRAINING FOR BORDER SECURITY AND IMMIGRATION
ENFORCEMENT OFFICERS.
(a) In General.--The Secretary shall ensure that U.S.
Customs and Border Protection officers, U.S. Border Patrol
agents, U.S. Immigration and Customs Enforcement officers and
agents, United States Air and Marine Division agents, and
agriculture specialists stationed within 100 miles of any
land or marine border of the United States or at any United
States port of entry receive appropriate training, which
shall be prepared in collaboration with the Assistant
Attorney General for the Civil Rights Division of the
Department of Justice, in--
(1) identifying and detecting fraudulent travel documents;
(2) civil, constitutional, human, and privacy rights of
individuals;
(3) the scope of enforcement authorities, including
interrogations, stops, searches, seizures, arrests, and
detentions;
(4) the use of force policies issued by the Secretary
pursuant to section 1111;
(5) immigration laws, including screening, identifying, and
addressing vulnerable populations, such as children, victims
of crime and human trafficking, and individuals fleeing
persecution or torture;
(6) social and cultural sensitivity toward border
communities;
(7) the impact of border operations on communities; and
(8) any particular environmental concerns in a particular
area.
(b) Training for Border Community Liaison Officers.--The
Secretary shall ensure that border communities liaison
officers in Border Patrol sectors along the international
borders between the United States and Mexico and between the
United States and Canada receive training to better--
(1) act as a liaison between border communities and the
Office for Civil Rights and Civil Liberties of the Department
and the Civil Rights Division of the Department of Justice;
(2) foster and institutionalize consultation with border
communities;
(3) consult with border communities on Department programs,
policies, strategies, and directives; and
(4) receive Department performance assessments from border
communities.
(c) Humane Conditions of Confinement for Children in U.S.
Customs and Border Protection Custody.--Not later than 90
days after the date of the enactment of this Act, the
Secretary shall establish standards to ensure that children
in the custody of U.S. Customs and Border Protection--
(1) are afforded adequate medical and mental health care,
including emergency medical and mental health care, when
necessary;
(2) receive adequate nutrition;
(3) are provided with climate-appropriate clothing,
footwear, and bedding;
(4) have basic personal hygiene and sanitary products; and
(5) are permitted to make supervised phone calls to family
members.
SEC. 1113. DEPARTMENT OF HOMELAND SECURITY BORDER OVERSIGHT
TASK FORCE.
(a) Establishment.--
(1) In general.--There is established an independent task
force, which shall be known as the Department of Homeland
Security Border Oversight Task Force (referred to in this
section as the ``DHS Task Force'').
(2) Duties.--The DHS Task Force shall--
(A) review and make recommendations regarding immigration
and border enforcement policies, strategies, and programs
that take into consideration their impact on border and
tribal communities;
(B) recommend ways in which the Border Communities Liaison
Offices can strengthen relations and collaboration between
communities in the border regions and the Department, the
Department of Justice, and other Federal agencies that carry
out such policies, strategies, and programs;
(C) evaluate how the policies, strategies, and programs of
Federal agencies operating along the international borders
between the United States and Mexico and between the United
States and Canada protect the due process, civil, and human
rights of border residents, visitors, and migrants at and
near such borders; and
(D) evaluate and make recommendations regarding the
training of border enforcement personnel described in section
1112.
(3) Membership.--
(A) In general.--The DHS Task Force shall be composed of 33
members, appointed by the President, who have expertise in
migration, local crime indices, civil and human rights,
community relations, cross-border trade and commerce, quality
of life indicators, or other pertinent experience, of whom--
(i) 14 members shall be from the Northern border region and
shall include--
(I) 2 local government elected officials;
(II) 2 local law enforcement officials;
(III) 2 tribal government officials;
(IV) 2 civil rights advocates;
(V) 1 business representative;
(VI) 1 higher education representative;
(VII) 1 private land owner representative;
(VIII) 1 representative of a faith community; and
(IX) 2 representatives of U.S. Border Patrol; and
(ii) 19 members shall be from the Southern border region
and include--
(I) 3 local government elected officials;
(II) 3 local law enforcement officials; (aa)
(III) 2 tribal government officials;
(IV) 3 civil rights advocates;
(V) 2 business representatives;
(VI) 1 higher education representative;
(VII) 2 private land owner representatives;
(VIII) 1 representative of a faith community; and
(IX) 2 representatives of U.S. Border Patrol.
(B) Term of service.--Members of the Task Force shall be
appointed for the shorter of--
(i) 3 years; or
(ii) the life of the DHS Task Force.
(C) Chair, vice chair.--The members of the DHS Task Force
shall elect a Chair and a Vice Chair from among its members,
who shall serve in such capacities for the life of the DHS
Task Force or until removed by the majority vote of at least
16 members.
(b) Operations.--
(1) Hearings.--The DHS Task Force may, for the purpose of
carrying out its duties, hold hearings, sit and act, take
testimony, receive evidence, and administer oaths.
(2) Recommendations.--The DHS Task Force may make findings
or recommendations to the Secretary related to the duties
described in subsection (a)(2).
(3) Response.--Not later than 180 days after receiving the
findings and recommendations from the DHS Task Force under
paragraph (2), the Secretary shall issue a response that
describes how the Department has addressed, or will address,
such findings and recommendations. If the Secretary disagrees
with any finding of the DHS Task Force, the Secretary shall
provide an explanation for the disagreement.
(4) Information from federal agencies.--The Chair, or 16
members of the DHS Task Force, may request statistics
relating to the duties described in subsection (a)(2)
directly from any Federal agency, which shall, to the extent
authorized by law, furnish such information, suggestions,
estimates, and statistics directly to the DHS Task Force.
(5) Compensation.--Members of the DHS Task Force shall
serve without pay, but shall be reimbursed for reasonable
travel and subsistence expenses incurred in the performance
of their duties.
(c) Report.--Not later than 2 years after its first
meeting, the DHS Task Force shall submit a final report to
the President, Congress, and the Secretary that contains--
(1) findings with respect to the duties of the DHS Task
Force; and
(2) recommendations regarding border and immigration
enforcement policies, strategies, and programs, including--
(A) a recommendation as to whether the DHS Task Force
should continue to operate; and
(B) a description of any duties for which the DHS Task
Force should be responsible after the termination date
described in subsection (e).
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section for each of the fiscal years 2014 through 2017.
(e) Sunset.--The DHS Task Force shall terminate operations
60 days after the date on which the DHS Task Force submits
the report described in subsection (c).
SEC. 1114. OMBUDSMAN FOR IMMIGRATION RELATED CONCERNS OF THE
DEPARTMENT OF HOMELAND SECURITY.
(a) Establishment.--Title I of the Homeland Security Act of
2002 (6 U.S.C. 111 et seq.) is amended by adding at the end
the following new section:
``SEC. 104. OMBUDSMAN FOR IMMIGRATION RELATED CONCERNS.
``(a) In General.--There shall be within the Department an
Ombudsman for Immigration Related Concerns (in this section
referred to as the `Ombudsman'). The individual appointed as
Ombudsman shall have a background in immigration law as well
as civil and human rights law. The Ombudsman shall report
directly to the Deputy Secretary.
``(b) Functions.--The functions of the Ombudsman shall be
as follows:
``(1) To receive and resolve complaints from individuals
and employers and assist in resolving problems with the
immigration components of the Department.
``(2) To conduct inspections of the facilities or contract
facilities of the immigration components of the Department.
``(3) To assist individuals and families who have been the
victims of crimes committed by aliens or violence near the
United States border.
``(4) To identify areas in which individuals and employers
have problems in dealing with the immigration components of
the Department.
``(5) To the extent practicable, to propose changes in the
administrative practices of the immigration components of the
Department to mitigate problems identified under paragraph
(4).
``(6) To review, examine, and make recommendations
regarding the immigration and enforcement policies,
strategies, and programs of U.S. Customs and Border
Protection, U.S. Immigration and Customs Enforcement, and
U.S. Citizenship and Immigration Services.
``(c) Other Responsibilities.--In addition to the functions
specified in subsection (b), the Ombudsman shall--
[[Page S5369]]
``(1) monitor the coverage and geographic allocation of
local offices of the Ombudsman, including appointing a local
ombudsman for immigration related concerns; and
``(2) evaluate and take personnel actions (including
dismissal) with respect to any employee of the Ombudsman.
``(d) Request for Investigations.--The Ombudsman shall have
the authority to request the Inspector General of the
Department of Homeland Security to conduct inspections,
investigations, and audits.
``(e) Coordination With Department Components.--The
Director of U.S. Citizenship and Immigration Services, the
Assistant Secretary of Immigration and Customs Enforcement,
and the Commissioner of Customs and Border Protection shall
each establish procedures to provide formal responses to
recommendations submitted to such official by the Ombudsman.
``(f) Annual Reports.--Not later than June 30 of each year,
the Ombudsman shall submit a report to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives on the objectives of the
Ombudsman for the fiscal year beginning in such calendar
year. Each report shall contain full and substantive
analysis, in addition to statistical information, and shall
set forth any recommendations the Ombudsman has made on
improving the services and responsiveness of U.S. Citizenship
and Immigration Services, U.S. Immigration and Customs
Enforcement, and U.S. Customs and Border Protection and any
responses received from the Department regarding such
recommendations.''.
(b) Repeal of Superseded Authority.--Section 452 of the
Homeland Security Act of 2002 (6 U.S.C. 272) is repealed.
(c) Clerical Amendments.--The table of contents for the
Homeland Security Act of 2002 is amended--
(1) by inserting after the item relating to section 103 the
following new item:
``Sec. 104. Ombudsman for Immigration Related Concerns.''; and
(2) by striking the item relating to section 452.
SEC. 1115. PROTECTION OF FAMILY VALUES IN APPREHENSION
PROGRAMS.
(a) Definitions.--In this section:
(1) Apprehended individual.--The term ``apprehended
individual'' means an individual apprehended by personnel of
the Department of Homeland Security or of a cooperating
entity pursuant to a migration deterrence program carried out
at a border.
(2) Border.--The term ``border'' means an international
border of the United States.
(3) Child.--Except as otherwise specifically provided, the
term ``child'' has the meaning given to the term in section
101(b)(1) of the Immigration and Nationality Act (8 U.S.C.
1101(b)(1)).
(4) Cooperating entity.--The term ``cooperating entity''
means a State or local entity acting pursuant to an agreement
with the Secretary.
(5) Migration deterrence program.--The term ``migration
deterrence program'' means an action related to the
repatriation or referral for prosecution of 1 or more
apprehended individuals for a suspected or confirmed
violation of the Immigration and Nationality Act (8 U.S.C.
1001 et seq.) by the Secretary or a cooperating entity.
(b) Procedures for Migration Deterrence Programs at the
Border.--
(1) Procedures.--In any migration deterrence program
carried out at a border, the Secretary and cooperating
entities shall for each apprehended individual--
(A) as soon as practicable after such individual is
apprehended--
(i) inquire as to whether the apprehended individual is--
(I) a parent, legal guardian, or primary caregiver of a
child; or
(II) traveling with a spouse or child; and
(ii) ascertain whether repatriation of the apprehended
individual presents any humanitarian concern or concern
related to such individual's physical safety; and
(B) ensure that, with respect to a decision related to the
repatriation or referral for prosecution of the apprehended
individual, due consideration is given--
(i) to the best interests of such individual's child, if
any;
(ii) to family unity whenever possible; and
(iii) to other public interest factors, including
humanitarian concerns and concerns related to the apprehended
individual's physical safety.
(c) Mandatory Training.--The Secretary, in consultation
with the Secretary of Health and Human Services, the Attorney
General, the Secretary of State, and independent immigration,
child welfare, family law, and human rights law experts,
shall--
(1) develop and provide specialized training for all
personnel of U.S. Customs and Border Protection and
cooperating entities who come into contact with apprehended
individuals in all legal authorities, policies, and
procedures relevant to the preservation of a child's best
interest, family unity, and other public interest factors,
including those described in this Act; and
(2) require border enforcement personnel to undertake
periodic and continuing training on best practices and
changes in relevant legal authorities, policies, and
procedures pertaining to the preservation of a child's best
interest, family unity, and other public interest factors,
including those described in this Act.
(d) Annual Report on the Impact of Migration Deterrence
Programs at the Border.--
(1) Requirement for annual report.--Not later than 1 year
after the date of the enactment of this Act, and annually
thereafter, the Secretary shall submit to Congress a report
that describes the impact of migration deterrence programs on
parents, legal guardians, primary caregivers of a child,
individuals traveling with a spouse or child, and individuals
who present humanitarian considerations or concerns related
to the individual's physical safety.
(2) Contents.--Each report submitted under paragraph (1)
shall include for the previous 1-year period an assessment
of--
(A) the number of apprehended individuals removed,
repatriated, or referred for prosecution who are the parent,
legal guardian, or primary caregiver of a child who is a
citizen of the United States;
(B) the number of occasions in which both parents, or the
primary caretaker of such a child was removed, repatriated,
or referred for prosecution as part of a migration deterrence
program;
(C) the number of apprehended individuals traveling with
close family members who are removed, repatriated, or
referred for prosecution.
(D) the impact of migration deterrence programs on public
interest factors, including humanitarian concerns and
physical safety.
(e) Regulations.--Not later than 120 days after the date of
the enactment of this Act, the Secretary shall promulgate
regulations to implement this section.
SEC. 1116. OVERSIGHT OF POWER TO ENTER PRIVATE LAND AND STOP
VEHICLES WITHOUT A WARRANT AT THE NORTHERN
BORDER.
(a) In General.--Section 287(a) (8 U.S.C. 1357(a)) is
amended--
(1) in paragraph (5), by redesignating subparagraphs (A)
and (B) as clauses (i) and (ii), respectively;
(2) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively;
(3) by redesignating paragraphs (4) and (5) as
subparagraphs (F) and (G), respectively;
(4) in the matter preceding subparagraph (A), as so
redesignated--
(A) by inserting ``(1)'' before ``Any officer'';
(B) by striking ``Service'' and inserting ``Department of
Homeland Security''; and
(C) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security'';
(5) in paragraph (1)(C), as so redesignated, by inserting
the following at the beginning: ``except as provided in
subparagraphs (D) and (E),'';
(6) by inserting after paragraph (1)(C) the following:
``(D) with respect to the Northern border, as defined in
section 1101 of the Border Security, Economic Opportunity,
and Immigration Enforcement Act, within a distance of 25 air
miles from the Northern border, or such distance from the
Northern border as may be prescribed by the Secretary
pursuant to paragraph (2) of this subsection, to board and
search for aliens any vessel within the territorial waters of
the United States and any railway car, aircraft, conveyance,
or vehicle for the purpose of patrolling the border to
prevent the illegal entry of aliens into the United States;
``(E) with respect to the Northern border, as defined in
section 1101 of the Border Security, Economic Opportunity,
and Immigration Enforcement Act, within a distance of 10 air
miles from the Northern border, or such distance from the
Northern border as may be prescribed by the Secretary
pursuant to paragraph (2) of this subsection, to have access
to private lands, but not dwellings, for the purpose of
patrolling the border to prevent the illegal entry of aliens
into the United States;'';
(7) by inserting after the flush text at the end of
subparagraph (F), as so redesignated, the following:
``(2)(A)(i) The Secretary of Homeland Security may
establish for a Northern border sector or district a distance
less than or greater than 25 air miles, but in no case
greater than 100 air miles, as the maximum distance from the
Northern border in which the authority described in paragraph
(1)(C) may be exercised, if the Secretary certifies that such
a distance is necessary for the purpose of patrolling the
Northern border to prevent the illegal entry of aliens into
the United States, and justified by the considerations listed
in subparagraph (B).
``(ii) The Secretary of Homeland Security may establish for
a Northern border sector or district a distance less than or
greater than 10 air miles, but in no case greater than 25 air
miles, as the maximum distance from the Northern border of
the United States in which the authority described in
paragraph (1)(D) may be exercised, if the Secretary certifies
that such a distance is necessary for the purpose of
patrolling the Northern border to prevent the illegal entry
of aliens into the United States, and justified by the
considerations listed in subparagraph (B).
``(B) In making the certifications described in
subparagraph (A), the Secretary shall consider, as
appropriate, land topography, confluence of arteries of
transportation leading from external boundaries, density of
population, possible inconvenience to the traveling public,
types of conveyances used, reliable information as to
movements of persons effecting illegal entry into the United
States, effects on private property and quality of life for
relevant communities and residents, consultations with
affected State, local, and tribal governments, including the
governor of any relevant State, and other factors that the
Secretary considers appropriate.
[[Page S5370]]
``(C) A certification made under subparagraph (A) shall be
valid for a period of 5 years and may be renewed for
additional 5-year periods. If the Secretary finds at any time
that circumstances no longer justify a certification, the
Secretary shall terminate the certification.
``(D) The Secretary shall report annually to the Committee
on the Judiciary and Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on the
Judiciary and Committee on Homeland Security of the House of
Representatives the number of certifications made under
subparagraph (A), and for each such certification, the
Northern border sector or district and reasonable distance
prescribed, the period of time the certification has been in
effect, and the factors justifying the certification.''.
(b) Technical and Conforming Amendments.--
(1) Authorities without a warrant.--In section 287(a) (8
U.S.C. 1357(a)), the undesignated matter following paragraph
(2), as added by subsection (a)(5), is amended--
(A) by inserting ``(3)'' before ``Under regulations'';
(B) by striking ``paragraph (5)(B)'' both places that term
appears and inserting ``subparagraph (F)(ii)'';
(C) by striking ``(i)'' and inserting ``(A)'';
(D) by striking ``(ii) establish'' and inserting ``(B)
establish'';
(E) by striking ``(iii) require'' and inserting ``(C)
require''; and
(F) by striking ``clause (ii), and (iv)'' and inserting
``subparagraph (B), and (D)''.
(2) Conforming amendment.--Section 287(e) (8 U.S.C.
1357(e)) is amended by striking ``paragraph (3) of subsection
(a),'' and inserting ``subsection (a)(1)(D),''.
SEC. 1117. REPORTS.
(a) Report on Certain Border Matters.--The Secretary shall
submit a report to the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on Homeland
Security of the House of Representatives, the Committee on
the Judiciary of the Senate, and the Committee on the
Judiciary of the House of Representatives that sets forth--
(1) the effectiveness rate (as defined in section 2(a)(4))
for each Border Patrol sector along the Northern border and
the Southern border;
(2) the number of miles along the Southern border that are
under persistent surveillance;
(3) the monthly wait times per passenger, including data on
averages and peaks, for crossing the Northern border and the
Southern border, and the staffing of such border crossings;
(4) the allocations at each port of entry along the
Northern border and the Southern border; and
(5) the number of migrant deaths occurring near the
Northern border and the Southern border and the efforts that
have been undertaken to mitigate such deaths.
(b) Report on Interagency Collaboration.--The Under
Secretary of Defense for Acquisition, Technology, and
Logistics and the Under Secretary of Homeland Security for
Science and Technology shall jointly submit a report on the
results of the interagency collaboration under section 1109
to--
(1) the Committee on Armed Services of the Senate;
(2) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(3) the Committee on the Judiciary of the Senate;
(4) the Committee on Armed Services of the House of
Representatives;
(5) the Committee on Homeland Security of the House of
Representatives; and
(6) the Committee on the Judiciary of the House of
Representatives.
SEC. 1118. SEVERABILITY AND DELEGATION.
(a) Severability.--If any provision of this Act or any
amendment made by this Act, or any application of such
provision or amendment to any person or circumstance, is held
to be unconstitutional, the remainder of the provisions of
this Act and the amendments made by this Act and the
application of the provision or amendment to any other person
or circumstance shall not be affected.
(b) Delegation.--The Secretary may delegate any authority
provided to the Secretary under this Act or an amendment made
by this Act to the Secretary of Agriculture, the Attorney
General, the Secretary of Defense, the Secretary of Health
and Human Services, the Secretary of State, or the
Commissioner of Social Security.
SEC. 1119. PROHIBITION ON NEW LAND BORDER CROSSING FEES.
(a) In General.--Beginning on the date of the enactment of
this Act, the Secretary shall not--
(1) establish, collect, or otherwise impose any new border
crossing fee on individuals crossing the Southern border or
the Northern border at a land port of entry; or
(2) conduct any study relating to the imposition of a
border crossing fee.
(b) Border Crossing Fee Defined.--In this section, the term
``border crossing fee'' means a fee that every pedestrian,
cyclist, and driver and passenger of a private motor vehicle
is required to pay for the privilege of crossing the Southern
border or the Northern border at a land port of entry.
SEC. 1120. HUMAN TRAFFICKING REPORTING.
(a) Short Title.--This section may be cited as the ``Human
Trafficking Reporting Act of 2013''.
(b) Findings.--Congress finds the following:
(1) Human trafficking is a form of modern-day slavery.
(2) According to the Trafficking Victims Protection Act of
2000 ``severe forms of trafficking in persons'' means--
(A) sex trafficking in which a commercial sex act is
induced by force, fraud, or coercion, or in which the person
induced to perform such act has not attained 18 years of age;
or
(B) the recruitment, harboring, transportation, provision,
or obtaining of a person for labor or services, through the
use of force, fraud, or coercion for the purpose of
subjection to involuntary servitude, peonage, debt bondage,
or slavery.
(3) There is an acute need for better data collection of
incidents of human trafficking across the United States in
order to effectively combat severe forms of trafficking in
persons.
(4) The State Department's 2012 Trafficking in Persons
report found that--
(A) the United States is a ``source, transit and
destination country for men, women, and children, subjected
to forced labor, debt bondage, domestic servitude and sex
trafficking,''; and
(B) the United States needs to ``improve data collection on
human trafficking cases at the federal, state and local
levels''.
(5) The International Organization for Migration has
reported that in order to effectively combat human
trafficking there must be reliable and standardized data,
however, the following barriers for data collection exist:
(A) The illicit and underground nature of human
trafficking.
(B) The reluctance of victims to share information with
authorities.
(C) Insufficient human trafficking data collection and
research efforts by governments worldwide.
(6) A 2009 report to the Department of Health and Human
Services entitled Human Trafficking Into and Within the
United States: A Review of the Literature found that ``the
data and methodologies for estimating the prevalence of human
trafficking globally and nationally are not well developed,
and therefore estimates have varied widely and changed
significantly over time''.
(7) The Federal Bureau of Investigation compiles national
crime statistics through the Uniform Crime Reporting Program.
(8) Under current law, State and local governments
receiving Edward Byrne Memorial Justice Assistance grants are
required to share data on part 1 violent crimes with the
Federal Bureau of Investigation for inclusion in the Uniform
Crime Reporting Program.
(9) The addition of severe forms of trafficking in persons
to the definition of part 1 violent crimes will ensure that
statistics on this heinous crime will be compiled and
available through the Federal Bureau of Investigation's
Uniform Crime Report.
(c) Human Trafficking To Be Included in Part 1 Violent
Crimes for Purposes of Byrne Grants.--Section 505 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3755) is amended by adding at the end the following new
subsection:
``(i) Part 1 Violent Crimes To Include Human Trafficking.--
For purposes of this section, the term `part 1 violent
crimes' shall include severe forms of trafficking in persons,
as defined in section 103(8) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102(8)).''.
SEC. 1121. RULE OF CONSTRUCTION.
Nothing in this Act may be construed to authorize the
deployment, procurement, or construction of fencing along the
Northern border.
SEC. 1122. LIMITATIONS ON DANGEROUS DEPORTATION PRACTICES.
(a) Certification Required.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, and every 180 days thereafter, the
Secretary, except as provided in paragraph (2), shall submit
written certification to Congress that the Department has
only deported or otherwise removed a migrant from the United
States through an entry or exit point on the Southern border
during daylight hours.
(2) Exception.--The certification required under paragraph
(1) shall not apply to the deportation or removal of a
migrant otherwise described in that paragraph if--
(A) the manner of the deportation or removal is justified
by a compelling governmental interest;
(B) the manner of the deportation or removal is in
accordance with an applicable Local Arrangement for the
Repatriation of Mexican Nationals entered into by the
appropriate Mexican Consulate; or
(C) the migrant is not an unaccompanied minor and the
migrant--
(i) is deported or removed through an entry or exit point
in the same sector as the place where the migrant was
apprehended; or
(ii) agrees to be deported or removed in such manner after
being notified of the intended manner of deportation or
removal.
(b) Additional Information Required.--Not later than 1 year
after the date of the enactment of this Act, the Secretary
shall submit to Congress a study of the Alien Transfer Exit
Program, which shall include--
(1) the specific locations on the Southern border where
lateral repatriations have occurred during the 1-year period
preceding the submission of the study;
(2) the performance measures developed by U.S. Customs and
Border Protection to determine if the Alien Transfer Exit
Program
[[Page S5371]]
is deterring migrants from repeatedly crossing the border or
otherwise reducing recidivism; and
(3) the consideration given, if any, to the rates of
violent crime and the availability of infrastructure and
social services in Mexico near such locations.
(c) Prohibition on Confiscation of Property.--
Notwithstanding any other provision of law, lawful,
nonperishable belongings of a migrant that are confiscated by
personnel operating under Federal authority shall be returned
to the migrant before repatriation, to the extent
practicable. (1)
SEC. 1123. MAXIMUM ALLOWABLE COSTS OF SALARIES OF CONTRACTOR
EMPLOYEES.
Section 4304(a)(16) of title 41, United States Code, is
amended by inserting before the period at the end the
following: ``, except that in the case of contracts with the
Department of Homeland Security or the National Guard while
operating in Federal status that relate to border security,
the limit on the costs of compensation of all executives and
employees of contractors is the annual amount payable under
the aggregate limitation on pay as established by the Office
of Management and Budget (currently $230,700)''.
Subtitle B--Other Matters
SEC. 1201. REMOVAL OF NONIMMIGRANTS WHO OVERSTAY THEIR VISAS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall initiate
removal proceedings, in accordance with chapter 4 of title II
of the Immigration and Nationality Act (8 U.S.C. 1221 et
seq.), confirm that immigration relief or protection has been
granted or is pending, or otherwise close 90 percent of the
cases of nonimmigrants who--
(1) were admitted to the United States as nonimmigrants
after the date of the enactment of this Act; and
(2) during the most recent 12-month period, have entered
the category of having exceeded their authorized period of
admission by more than 180 days.
(b) Semiannual Report.--Every 6 months after the date of
the enactment of this Act, the Secretary shall submit a
report to Congress that identifies--
(1) the total number of nonimmigrants who the Secretary has
determined have exceeded their authorized period of admission
by more than 180 days after the date of the enactment of this
Act, categorized by--
(A) the type of visa that authorized their entry into the
United States;
(B) their country of origin; and
(C) the length of time since their visa expired.
(2) an estimate of the total number of nonimmigrants who
are physically present in the United States and have exceeded
their authorized period of admission by more than 180 days
after the date of the enactment of this Act;
(3) for the most recent 6-month and 12-month periods--
(A) the total number of removal proceedings that were
initiated against nonimmigrants who were physically present
in the United States more than 180 days after the expiration
of the period for which they were lawfully admitted; and
(B) as a result of the removal proceedings described in
paragraph (A)--
(i) the total number of removals pending;
(ii) the total number of nonimmigrants who were ordered to
be removed from the United States;
(iii) the total number of nonimmigrants whose removal
proceedings were cancelled; and
(iv) the total number of nonimmigrants who were granted
immigration relief or protection in removal proceedings.
(c) Estimated Population.--Each report submitted under
subsection (b) shall include a comprehensive, detailed
explanation of and justification for the methodology used to
estimate the population described in subsection (a).
SEC. 1202. VISA OVERSTAY NOTIFICATION PILOT PROGRAM.
(a) Establishment of Pilot Program.--Not later than 1 year
after the date of enactment of this Act, the Secretary shall
establish a pilot program to explore the feasibility and
effectiveness of notifying individuals who have traveled to
the United States from a foreign nation that the terms of
their admission to the United States are about to expire,
including individuals that entered with a visa or through the
visa waiver program.
(b) Requirements.--In establishing the pilot program
required under subsection (a), the Secretary shall--
(1) provide for the collection of contact information,
including telephone numbers and email addresses, as
appropriate, of individuals traveling to the United States
from a foreign nation; and
(2) randomly select a pool of participants in order to form
a statistically significant sample of people who travel to
the United States each year to receive notification by
telephone, email, or other electronic means that the terms of
their admission to the United States is about to expire.
(c) Report.--Not later than 1 year after the date on which
the Secretary establishes the pilot program under subsection
(a), the Secretary shall submit to Congress a report on
whether the telephone or email notifications have a
statistically significant effect on reducing the rates of
visa overstays in the United States.
SEC. 1203. PREVENTING UNAUTHORIZED IMMIGRATION TRANSITING
THROUGH MEXICO.
(a) In General.--The Secretary of State, in coordination
with the Secretary of Homeland Security, shall develop, in
consultation with the relevant Committees of Congress, a
strategy to address the unauthorized immigration of
individuals who transit through Mexico to the United States.
(b) Requirements.--The strategy developed under subsection
(a) shall include specific steps--
(1) to enhance the training, resources, and professionalism
of border and law enforcement officials in Mexico, Honduras,
El Salvador, Guatemala, and other countries, as appropriate;
and
(2) to educate nationals of the countries described in
paragraph (1) about the perils of the journey to the United
States, including how this Act will increase the likelihood
of apprehension, increase criminal penalties associated with
illegal entry, and make finding employment in the United
States more difficult.
(c) Implementation of Strategy.--In carrying out the
strategy developed under subsection (a)--
(1) the Secretary of Homeland Security, in conjunction with
the Secretary of State, shall produce an educational campaign
and disseminate information about the perils of the journey
across Mexico, the likelihood of apprehension, and the
difficulty of finding employment in the United States; and
(2) the Secretary of State, in coordination with the
Secretary of Homeland Security, shall offer--
(A) training to border and law enforcement officials to
enable these officials to operate more effectively, by using,
to the greatest extent practicable, Department of Homeland
Security personnel to conduct the training; and
(B) technical assistance and equipment to border officials,
including computers, document readers, and other forms of
technology that may be needed, as appropriate.
(d) Availability of Funds.--The Secretary of Homeland
Security may use such sums as are necessary from the
Comprehensive Immigration Trust Fund established under
section 6(a)(1) to carry out this section.
TITLE II--IMMIGRANT VISAS
Subtitle A--Registration and Adjustment of Registered Provisional
Immigrants
SEC. 2101. REGISTERED PROVISIONAL IMMIGRANT STATUS.
(a) Authorization.--Chapter 5 of title II (8 U.S.C. 1255 et
seq.) is amended by inserting after section 245A the
following:
``SEC. 245B. ADJUSTMENT OF STATUS OF ELIGIBLE ENTRANTS BEFORE
DECEMBER 31, 2011, TO THAT OF REGISTERED
PROVISIONAL IMMIGRANT.
``(a) In General.--Notwithstanding any other provision of
law, the Secretary of Homeland Security (referred to in this
section and in sections 245C through 245F as the
`Secretary'), after conducting the national security and law
enforcement clearances required under subsection (c)(8), may
grant registered provisional immigrant status to an alien
who--
``(1) meets the eligibility requirements set forth in
subsection (b);
``(2) submits a completed application before the end of the
period set forth in subsection (c)(3); and
``(3) has paid the fee required under subsection (c)(10)(A)
and the penalty required under subsection (c)(10)(C), if
applicable.
``(b) Eligibility Requirements.--
``(1) In general.--An alien is not eligible for registered
provisional immigrant status unless the alien establishes, by
a preponderance of the evidence, that the alien meets the
requirements set forth in this subsection.
``(2) Physical presence.--
``(A) In general.--The alien--
``(i) shall be physically present in the United States on
the date on which the alien submits an application for
registered provisional immigrant status;
``(ii) shall have been physically present in the United
States on or before December 31, 2011; and
``(iii) shall have maintained continuous physical presence
in the United States from December 31, 2011, until the date
on which the alien is granted status as a registered
provisional immigrant under this section.
``(B) Break in physical presence.--
``(i) In general.--Except as provided in clause (ii), an
alien who is absent from the United States without
authorization after the date of the enactment of the Border
Security, Economic Opportunity, and Immigration Modernization
Act does not meet the continuous physical presence
requirement set forth in subparagraph (A)(iii).
``(ii) Exception.--An alien who departed from the United
States after December 31, 2011, will not be considered to
have failed to maintain continuous presence in the United
States if the alien's absences from the United States are
brief, casual, and innocent whether or not such absences were
authorized by the Secretary.
``(3) Grounds for ineligibility.--
``(A) In general.--Except as provided in subparagraph (B),
an alien is ineligible for registered provisional immigrant
status if the Secretary determines that the alien--
``(i) has a conviction for--
``(I) an offense classified as a felony in the convicting
jurisdiction (other than a State or local offense for which
an essential element was the alien's immigration status, or a
violation of this Act);
``(II) an aggravated felony (as defined in section
101(a)(43) at the time of the conviction);
[[Page S5372]]
``(III) 3 or more misdemeanor offenses (other than minor
traffic offenses or State or local offenses for which an
essential element was the alien's immigration status, or
violations of this Act) if the alien was convicted on
different dates for each of the 3 offenses;
``(IV) any offense under foreign law, except for a purely
political offense, which, if the offense had been committed
in the United States, would render the alien inadmissible
under section 212(a) (excluding the paragraphs set forth in
clause (ii)) or removable under section 237(a), except as
provided in paragraph (3) of section 237(a);
``(V) unlawful voting (as defined in section 237(a)(6));
``(ii) is inadmissible under section 212(a), except that in
determining an alien's inadmissibility--
``(I) paragraphs (4), (5), (7), and (9)(B) of section
212(a) shall not apply;
``(II) subparagraphs (A), (C), (D), (F), and (G) of section
212(a)(6) and paragraphs (9)(C) and (10)(B) of section 212(a)
shall not apply unless based on the act of unlawfully
entering the United States after the date of the enactment of
the Border Security, Economic Opportunity, and Immigration
Modernization Act; and
``(III) paragraphs (6)(B) and (9)(A) of section 212(a)
shall not apply unless the relevant conduct began on or after
the date on which the alien files an application for
registered provisional immigrant status under this section;
``(iii) is an alien who the Secretary knows or has
reasonable grounds to believe, is engaged in or is likely to
engage after entry in any terrorist activity (as defined in
section 212(a)(3)(B)(iv)); or
``(iv) was, on April 16, 2013--
``(I) an alien lawfully admitted for permanent residence;
``(II) an alien admitted as a refugee under section 207 or
granted asylum under section 208; or
``(III) an alien who, according to the records of the
Secretary or the Secretary of State, is lawfully present in
the United States in any nonimmigrant status (other than an
alien considered to be a nonimmigrant solely due to the
application of section 244(f)(4) or the amendment made by
section 702 of the Consolidated Natural Resources Act of 2008
(Public Law 110-229)), notwithstanding any unauthorized
employment or other violation of nonimmigrant status.
``(B) Waiver.--
``(i) In general.--The Secretary may waive the application
of subparagraph (A)(i)(III) or any provision of section
212(a) that is not listed in clause (ii) on behalf of an
alien for humanitarian purposes, to ensure family unity, or
if such a waiver is otherwise in the public interest. Any
discretionary authority to waive grounds of inadmissibility
under section 212(a) conferred under any other provision of
this Act shall apply equally to aliens seeking registered
provisional status under this section.
``(ii) Exceptions.--The discretionary authority under
clause (i) may not be used to waive--
``(I) subparagraph (B), (C), (D)(ii), (E), (G), (H), or (I)
of section 212(a)(2);
``(II) section 212(a)(3);
``(III) subparagraph (A), (C), (D), or (E) of section
212(a)(10); or
``(IV) with respect to misrepresentations relating to the
application for registered provisional immigrant status,
section 212(a)(6)(C)(i).
``(C) Conviction explained.--For purposes of this
paragraph, the term `conviction' does not include a judgment
that has been expunged, set aside, or the equivalent.
``(D) Rule of construction.--Nothing in this paragraph may
be construed to require the Secretary to commence removal
proceedings against an alien.
``(4) Applicability of other provisions.--Sections
208(d)(6) and 240B(d) shall not apply to any alien filing an
application for registered provisional immigrant status under
this section.
``(5) Dependent spouse and children.--
``(A) In general.--Notwithstanding any other provision of
law, the Secretary may classify the spouse or child of a
registered provisional immigrant as a registered provisional
immigrant dependent if the spouse or child--
``(i) was physically present in the United States on or
before December 31, 2012, and has maintained continuous
presence in the United States from that date until the date
on which the registered provisional immigrant is granted such
status, with the exception of absences from the United States
that are brief, casual, and innocent, whether or not such
absences were authorized by the Secretary; and
``(ii) meets all of the eligibility requirements set forth
in this subsection, other than the requirements of clause
(ii) or (iii) of paragraph (2)(A).
``(B) Effect of termination of legal relationship or
domestic violence.--If the spousal or parental relationship
between an alien who is granted registered provisional
immigrant status under this section and the alien's spouse or
child is terminated due to death or divorce or the spouse or
child has been battered or subjected to extreme cruelty by
the alien (regardless of whether the legal relationship
terminates), the spouse or child may apply for classification
as a registered provisional immigrant.
``(C) Effect of disqualification of parent.--
Notwithstanding subsection (c)(3), if the application of a
spouse or parent for registered provisional immigrant status
is terminated or revoked, the husband, wife, or child of that
spouse or parent shall be eligible to apply for registered
provisional immigrant status independent of the parent or
spouse.
``(c) Application Procedures.--
``(1) In general.--An alien, or the dependent spouse or
child of such alien, who meets the eligibility requirements
set forth in subsection (b) may apply for status as a
registered provisional immigrant or a registered provisional
immigrant dependent, as applicable, by submitting a completed
application form to the Secretary during the application
period set forth in paragraph (3), in accordance with the
final rule promulgated by the Secretary under the Border
Security, Economic Opportunity, and Immigration Modernization
Act. An applicant for registered provisional immigrant status
shall be treated as an applicant for admission.
``(2) Payment of taxes.--
``(A) In general.--An alien may not file an application for
registered provisional immigrant status under paragraph (1)
unless the applicant has satisfied any applicable Federal tax
liability.
``(B) Definition of applicable federal tax liability.--In
this paragraph, the term `applicable Federal tax liability'
means all Federal income taxes assessed in accordance with
section 6203 of the Internal Revenue Code of 1986.
``(C) Demonstration of compliance.--An applicant may
demonstrate compliance with this paragraph by submitting
appropriate documentation, in accordance with regulations
promulgated by the Secretary, in consultation with the
Secretary of the Treasury.
``(3) Application period.--
``(A) Initial period.--Except as provided in subparagraph
(B), the Secretary may only accept applications for
registered provisional immigrant status from aliens in the
United States during the 1-year period beginning on the date
on which the final rule is published in the Federal Register
pursuant to paragraph (1).
``(B) Extension.--If the Secretary determines, during the
initial period described in subparagraph (A), that additional
time is required to process applications for registered
provisional immigrant status or for other good cause, the
Secretary may extend the period for accepting applications
for such status for an additional 18 months.
``(4) Application form.--
``(A) Required information.--
``(i) In general.--The application form referred to in
paragraph (1) shall collect such information as the Secretary
determines to be necessary and appropriate, including, for
the purpose of understanding immigration trends--
``(I) an explanation of how, when, and where the alien
entered the United States;
``(II) the country in which the alien resided before
entering the United States; and
``(III) other demographic information specified by the
Secretary.
``(ii) Privacy protections.--Information described in
subclauses (I) through (III) of clause (i), which shall be
provided anonymously by the applicant on the application form
referred to in paragraph (1), shall be subject to the same
confidentiality provisions as those set forth in section 9 of
title 13, United States Code.
``(iii) Report.--The Secretary shall submit a report to
Congress that contains a summary of the statistical data
about immigration trends collected pursuant to clause (i).
``(B) Family application.--The Secretary shall establish a
process through which an alien may submit a single
application under this section on behalf of the alien, his or
her spouse, and his or her children who are residing in the
United States.
``(C) Interview.--The Secretary may interview applicants
for registered provisional immigrant status under this
section to determine whether they meet the eligibility
requirements set forth in subsection (b).
``(5) Aliens apprehended before or during the application
period.--If an alien who is apprehended during the period
beginning on the date of the enactment of the Border
Security, Economic Opportunity, and Immigration Modernization
Act and the end of the application period described in
paragraph (3) appears prima facie eligible for registered
provisional immigrant status, to the satisfaction of the
Secretary, the Secretary--
``(A) shall provide the alien with a reasonable opportunity
to file an application under this section during such
application period; and
``(B) may not remove the individual until a final
administrative determination is made on the application.
``(6) Eligibility after departure.--
``(A) In general.--An alien who departed from the United
States while subject to an order of exclusion, deportation,
or removal, or pursuant to an order of voluntary departure
and who is outside of the United States, or who has reentered
the United States illegally after December 31, 2011 without
receiving the Secretary's consent to reapply for admission
under section 212(a)(9), shall not be eligible to file an
application for registered provisional immigrant status.
``(B) Waiver.--The Secretary, in the Secretary's sole and
unreviewable discretion, subject to subparagraph (D), may
waive the application of subparagraph (A) on behalf of an
alien if the alien--
``(i) is the spouse or child of a United States citizen or
lawful permanent resident;
[[Page S5373]]
``(ii) is the parent of a child who is a United States
citizen or lawful permanent resident;
``(iii) meets the requirements set forth in clauses (ii)
and (iii) of section 245D(b)(1)(A); or
``(iv) meets the requirements set forth in section
245D(b)(1)(A)(ii), is 16 years or older on the date on which
the alien applies for registered provisional immigrant
status, and was physically present in the United States for
an aggregate period of not less than 3 years during the 6-
year period immediately preceding the date of the enactment
of the Border Security, Economic Opportunity, and Immigration
Modernization Act.
``(C) Eligibility.--Subject to subparagraph (D) and
notwithstanding subsection (b)(2), section 241(a)(5), or a
prior order of exclusion, deportation, or removal, an alien
described in subparagraph (B) who is otherwise eligible for
registered provisional immigrant status may file an
application for such status.
``(D) Crime victims' rights to notice and consultation.--
Prior to applying, or exercising, any authority under this
paragraph, or ruling upon an application allowed under
subparagraph (C) the Secretary shall--
``(i) determine whether or not an alien described under
subparagraph (B) or (C) has a conviction for any criminal
offense;
``(ii) in consultation with the agency that prosecuted the
criminal offense under clause (i), if the agency, in the sole
discretion of the agency, is willing to cooperate with the
Secretary, make all reasonable efforts to identify each
victim of a crime for which an alien determined to be a
criminal under clause (i) has a conviction;
``(iii) in consultation with the agency that prosecuted the
criminal offense under clause (i), if the agency, in the sole
discretion of the agency, is willing to cooperate with the
Secretary, make all reasonable efforts to provide each victim
identified under clause (ii) with written notice that the
alien is being considered for a waiver under this paragraph,
specifying in such notice that the victim may--
``(I) take no further action;
``(II) request written notification by the Secretary of any
subsequent application for waiver filed by the criminal alien
under this paragraph and of the final determination of the
Secretary regarding such application; or
``(III) not later than 60 days after the date on which the
victim receives written notice under this clause, request a
consultation with the Secretary relating to whether the
application of the offender should be granted and if the
victim cannot be located or if no response is received from
the victim within the designated time period, the Secretary
shall proceed with adjudication of the application; and
``(iv) at the request of a victim under clause (iii),
consult with the victim to determine whether or not the
Secretary should, in the case of an alien who is determined
under clause (i) to have a conviction for any criminal
offense, exercise waiver authority for an alien described
under subparagraph (B), or grant the application of an alien
described under subparagraph (C).
``(E) Crime victims' right to intervention.--In addition to
the victim notification and consultation provided for in
subparagraph (D), the Secretary shall allow the victim of a
criminal alien described under subparagraph (B) or (C) to
request consultation regarding, or notice of, any application
for waiver filed by the criminal alien under this paragraph,
including the final determination of the Secretary regarding
such application.
``(F) Confidentiality protections for crime victims.--The
Secretary and the Attorney General may not make an adverse
determination of admissibility or deportability of any alien
who is a victim and not lawfully present in the United States
based solely on information supplied or derived in the
process of identification, notification, or consultation
under this paragraph.
``(G) Reports required.--Not later than September 30 of
each fiscal year in which the Secretary exercises authority
under this paragraph to rule upon the application of a
criminal offender allowed under subparagraph (C), the
Secretary shall submit to the Committee on the Judiciary of
the Senate and the Committee on the Judiciary of the House of
Representatives a report detailing the execution of the
victim identification and notification process required under
subparagraph (D), which shall include--
``(i) the total number of criminal offenders who have filed
an application under subparagraph (C) and the crimes
committed by such offenders;
``(ii) the total number of criminal offenders whose
application under subparagraph (C) has been granted and the
crimes committed by such offenders; and
``(iii) the total number of victims of criminal offenders
under clause (ii) who were not provided with written notice
of the offender's application and the crimes committed
against the victims.
``(H) Definition.--In this paragraph, the term `victim' has
the meaning given the term in section 503(e) of the Victims'
Rights and Restitution Act of 1990 (42 U.S.C. 10607(e)).
``(7) Suspension of removal during application period.--
``(A) Protection from detention or removal.--A registered
provisional immigrant may not be detained by the Secretary or
removed from the United States, unless--
``(i) the Secretary determines that--
``(I) such alien is, or has become, ineligible for
registered provisional immigrant status under subsection
(b)(3); or
``(II) the alien's registered provisional immigrant status
has been revoked under subsection (d)(2).
``(B) Aliens in removal proceedings.--Notwithstanding any
other provision of this Act--
``(i) if the Secretary determines that an alien, during the
period beginning on the date of the enactment of this section
and ending on the last day of the application period
described in paragraph (3), is in removal, deportation, or
exclusion proceedings before the Executive Office for
Immigration Review and is prima facie eligible for registered
provisional immigrant status under this section--
``(I) the Secretary shall provide the alien with the
opportunity to file an application for such status; and
``(II) upon motion by the Secretary and with the consent of
the alien or upon motion by the alien, the Executive Office
for Immigration Review shall--
``(aa) terminate such proceedings without prejudice to
future proceedings on any basis; and
``(bb) provide the alien a reasonable opportunity to apply
for such status; and
``(ii) if the Executive Office for Immigration Review
determines that an alien, during the period beginning on the
date of the enactment of this section and ending on the last
day of the application period described in paragraph (3), is
in removal, deportation, or exclusion proceedings before the
Executive Office for Immigration Review and is prima facie
eligible for registered provisional immigrant status under
this section--
``(I) the Executive Office of Immigration Review shall
notify the Secretary of such determination; and
``(II) if the Secretary does not dispute the determination
of prima facie eligibility within 7 days after such
notification, the Executive Office for Immigration Review,
upon consent of the alien, shall--
``(aa) terminate such proceedings without prejudice to
future proceedings on any basis; and
``(bb) permit the alien a reasonable opportunity to apply
for such status.
``(C) Treatment of certain aliens.--
``(i) In general.--If an alien who meets the eligibility
requirements set forth in subsection (b) is present in the
United States and has been ordered excluded, deported, or
removed, or ordered to depart voluntarily from the United
States under any provision of this Act--
``(I) notwithstanding such order or section 241(a)(5), the
alien may apply for registered provisional immigrant status
under this section; and
``(II) if the alien is granted such status, the alien shall
file a motion to reopen the exclusion, deportation, removal,
or voluntary departure order, which motion shall be granted
unless 1 or more of the grounds of ineligibility is
established by clear and convincing evidence.
``(ii) Limitations on motions to reopen.--The limitations
on motions to reopen set forth in section 240(c)(7) shall not
apply to motions filed under clause (i)(II).
``(D) Period pending adjudication of application.--
``(i) In general.--During the period beginning on the date
on which an alien applies for registered provisional
immigrant status under paragraph (1) and the date on which
the Secretary makes a final decision regarding such
application, the alien--
``(I) may receive advance parole to reenter the United
States if urgent humanitarian circumstances compel such
travel;
``(II) may not be detained by the Secretary or removed from
the United States unless the Secretary makes a prima facie
determination that such alien is, or has become, ineligible
for registered provisional immigrant status under subsection
(b)(3);
``(III) shall not be considered unlawfully present for
purposes of section 212(a)(9)(B); and
``(IV) shall not be considered an unauthorized alien (as
defined in section 274A(h)(3)).
``(ii) Evidence of application filing.--As soon as
practicable after receiving each application for registered
provisional immigrant status, the Secretary shall provide the
applicant with a document acknowledging the receipt of such
application.
``(iii) Continuing employment.--An employer who knows that
an alien employee is an applicant for registered provisional
immigrant status or will apply for such status once the
application period commences is not in violation of section
274A(a)(2) if the employer continues to employ the alien
pending the adjudication of the alien employee's application.
``(iv) Effect of departure.--Section 101(g) shall not apply
to an alien granted--
``(I) advance parole under clause (i)(I) to reenter the
United States; or
``(II) registered provisional immigrant status.
``(8) Security and law enforcement clearances.--
``(A) Biometric and biographic data.--The Secretary may not
grant registered provisional immigrant status to an alien or
an alien dependent spouse or child under this section unless
such alien submits biometric and biographic data in
accordance with procedures established by the Secretary.
``(B) Alternative procedures.--The Secretary shall provide
an alternative procedure
[[Page S5374]]
for applicants who cannot provide the biometric data required
under subparagraph (A) because of a physical impairment.
``(C) Clearances.--
``(i) Data collection.--The Secretary shall collect, from
each alien applying for status under this section, biometric,
biographic, and other data that the Secretary determines to
be appropriate--
``(I) to conduct national security and law enforcement
clearances; and
``(II) to determine whether there are any national security
or law enforcement factors that would render an alien
ineligible for such status.
``(ii) Additional security screening.--The Secretary, in
consultation with the Secretary of State and other
interagency partners, shall conduct an additional security
screening upon determining, in the Secretary's opinion based
upon information related to national security, that an alien
or alien dependent spouse or child is or was a citizen or
long-term resident of a region or country known to pose a
threat, or that contains groups or organizations that pose a
threat, to the national security of the United States.
``(iii) Prerequisite.--The required clearances and
screenings described in clauses (i)(I) and (ii) shall be
completed before the alien may be granted registered
provisional immigrant status.
``(9) Duration of status and extension.--
``(A) In general.--The initial period of authorized
admission for a registered provisional immigrant--
``(i) shall remain valid for 6 years unless revoked
pursuant to subsection (d)(2); and
``(ii) may be extended for additional 6-year terms if--
``(I) the alien remains eligible for registered provisional
immigrant status;
``(II) the alien meets the employment requirements set
forth in subparagraph (B);
``(III) the alien has successfully passed background checks
that are equivalent to the background checks described in
section 245D(b)(1)(E); and
``(IV) such status was not revoked by the Secretary for any
reason.
``(B) Employment or education requirement.--Except as
provided in subparagraphs (D) and (E) of section 245C(b)(3),
an alien may not be granted an extension of registered
provisional immigrant status under this paragraph unless the
alien establishes that, during the alien's period of status
as a registered provisional immigrant, the alien--
``(i)(I) was regularly employed throughout the period of
admission as a registered provisional immigrant, allowing for
brief periods lasting not more than 60 days; and
``(II) is not likely to become a public charge (as
determined under section 212(a)(4)); or
``(ii) is able to demonstrate average income or resources
that are not less than 100 percent of the Federal poverty
level throughout the period of admission as a registered
provisional immigrant.
``(C) Payment of taxes.--An applicant may not be granted an
extension of registered provisional immigrant status under
subparagraph (A)(ii) unless the applicant has satisfied any
applicable Federal tax liability in accordance with paragraph
(2).
``(10) Fees and penalties.--
``(A) Standard processing fee.--
``(i) In general.--Aliens who are 16 years of age or older
and are applying for registered provisional immigrant status
under paragraph (1), or for an extension of such status under
paragraph (9)(A)(ii), shall pay a processing fee to the
Department of Homeland Security in an amount determined by
the Secretary.
``(ii) Recovery of costs.--The processing fee authorized
under clause (i) shall be set at a level that is sufficient
to recover the full costs of processing the application,
including any costs incurred--
``(I) to adjudicate the application;
``(II) to take and process biometrics;
``(III) to perform national security and criminal checks,
including adjudication;
``(IV) to prevent and investigate fraud; and
``(V) to administer the collection of such fee.
``(iii) Authority to limit fees.--The Secretary, by
regulation, may--
``(I) limit the maximum processing fee payable under this
subparagraph by a family, including spouses and unmarried
children younger than 21 years of age; and
``(II) exempt defined classes of individuals, including
individuals described in section 245B(c)(13), from the
payment of the fee authorized under clause (i).
``(B) Deposit and use of processing fees.--Fees collected
under subparagraph (A)(i)--
``(i) shall be deposited into the Immigration Examinations
Fee Account pursuant to section 286(m); and
``(ii) shall remain available until expended pursuant to
section 286(n).
``(C) Penalty.--
``(i) Payment.--In addition to the processing fee required
under subparagraph (A), aliens not described in section
245D(b)(A)(ii) who are 21 years of age or older and are
filing an application under this subsection shall pay a
$1,000 penalty to the Department of Homeland Security.
``(ii) Installments.--The Secretary shall establish a
process for collecting payments required under clause (i)
that permits the penalty under that clause to be paid in
periodic installments that shall be completed before the
alien may be granted an extension of status under paragraph
(9)(A)(ii).
``(iii) Deposit.--Penalties collected pursuant to this
subparagraph shall be deposited into the Comprehensive
Immigration Reform Trust Fund established under section
6(a)(1) of the Border Security, Economic Opportunity, and
Immigration Modernization Act.
``(11) Adjudication.--
``(A) Failure to submit sufficient evidence.--The Secretary
shall deny an application submitted by an alien who fails to
submit--
``(i) requested initial evidence, including requested
biometric data; or
``(ii) any requested additional evidence by the date
required by the Secretary.
``(B) Amended application.--An alien whose application for
registered provisional immigrant status is denied under
subparagraph (A) may file an amended application for such
status to the Secretary if the amended application--
``(i) is filed within the application period described in
paragraph (3); and
``(ii) contains all the required information and fees that
were missing from the initial application.
``(12) Evidence of registered provisional immigrant
status.--
``(A) In general.--The Secretary shall issue documentary
evidence of registered provisional immigrant status to each
alien whose application for such status has been approved.
``(B) Documentation features.--Documentary evidence
provided under subparagraph (A)--
``(i) shall be machine-readable and tamper-resistant, and
shall contain a digitized photograph;
``(ii) shall, during the alien's authorized period of
admission, and any extension of such authorized admission,
serve as a valid travel and entry document for the purpose of
applying for admission to the United States;
``(iii) may be accepted during the period of its validity
by an employer as evidence of employment authorization and
identity under section 274A(b)(1)(B);
``(iv) shall indicate that the alien is authorized to work
in the United States for up to 3 years; and
``(v) shall include such other features and information as
may be prescribed by the Secretary.
``(13) DACA recipients.--Unless the Secretary determines
that an alien who was granted Deferred Action for Childhood
Arrivals (referred to in this paragraph as `DACA') pursuant
to the Secretary's memorandum of June 15, 2012, has engaged
in conduct since the alien was granted DACA that would make
the alien ineligible for registered provisional immigrant
status, the Secretary may grant such status to the alien if
renewed national security and law enforcement clearances have
been completed on behalf of the alien.
``(d) Terms and Conditions of Registered Provisional
Immigrant Status.--
``(1) Conditions of registered provisional immigrant
status.--
``(A) Employment.--Notwithstanding any other provision of
law, including section 241(a)(7), a registered provisional
immigrant shall be authorized to be employed in the United
States while in such status.
``(B) Travel outside the united states.--A registered
provisional immigrant may travel outside of the United States
and may be admitted, if otherwise admissible, upon returning
to the United States without having to obtain a visa if--
``(i) the alien is in possession of--
``(I) valid, unexpired documentary evidence of registered
provisional immigrant status that complies with subsection
(c)(12); or
``(II) a travel document, duly approved by the Secretary,
that was issued to the alien after the alien's original
documentary evidence was lost, stolen, or destroyed;
``(ii) the alien's absence from the United States did not
exceed 180 days, unless the alien's failure to timely return
was due to extenuating circumstances beyond the alien's
control;
``(iii) the alien meets the requirements for an extension
as described in subclauses (I) and (III) of paragraph (9)(A);
and
``(iv) the alien establishes that the alien is not
inadmissible under subparagraph (A)(i), (A)(iii), (B), or (C)
of section 212(a)(3).
``(C) Admission.--An alien granted registered provisional
immigrant status under this section shall be considered to
have been admitted and lawfully present in the United States
in such status as of the date on which the alien's
application was filed.
``(D) Clarification of status.--An alien granted registered
provisional immigrant status--
``(i) is lawfully admitted to the United States; and
``(ii) may not be classified as a nonimmigrant or as an
alien who has been lawfully admitted for permanent residence.
``(2) Revocation.--
``(A) In general.--The Secretary may revoke the status of a
registered provisional immigrant at any time after providing
appropriate notice to the alien, and after the exhaustion or
waiver of all applicable administrative review procedures
under section 245E(c), if the alien--
``(i) no longer meets the eligibility requirements set
forth in subsection (b);
``(ii) knowingly used documentation issued under this
section for an unlawful or fraudulent purpose;
``(iii) is convicted of fraudulently claiming or receiving
a Federal means-tested benefit
[[Page S5375]]
(as defined and implemented in section 403 of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1613)) after being granted registered
provisional immigrant status; or
``(iv) was absent from the United States--
``(I) for any single period longer than 180 days in
violation of the requirements set forth in paragraph
(1)(B)(ii); or
``(II) for more than 180 days in the aggregate during any
calendar year, unless the alien's failure to timely return
was due to extenuating circumstances beyond the alien's
control.
``(B) Additional evidence.--In determining whether to
revoke an alien's status under subparagraph (A), the
Secretary may require the alien--
``(i) to submit additional evidence; or
``(ii) to appear for an interview.
``(C) Invalidation of documentation.--If an alien's
registered provisional immigrant status is revoked under
subparagraph (A), any documentation issued by the Secretary
to such alien under subsection (c)(12) shall automatically be
rendered invalid for any purpose except for departure from
the United States.
``(3) Ineligibility for public benefits.--
``(A) In general.--An alien who has been granted registered
provisional immigrant status under this section is not
eligible for any Federal means-tested public benefit (as
defined and implemented in section 403 of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1613)).
``(B) Audits.--The Secretary of Health and Human Services
shall conduct regular audits to ensure that registered
provisional immigrants are not fraudulently receiving any of
the benefits described in subparagraph (A).
``(4) Treatment of registered provisional immigrants.--A
noncitizen granted registered provisional immigrant status
under this section shall be considered lawfully present in
the United States for all purposes while such noncitizen
remains in such status, except that the noncitizen--
``(A) is not entitled to the premium assistance tax credit
authorized under section 36B of the Internal Revenue Code of
1986 for his or her coverage;
``(B) shall be subject to the rules applicable to
individuals not lawfully present that are set forth in
subsection (e) of such section;
``(C) shall be subject to the rules applicable to
individuals not lawfully present that are set forth in
section 1402(e) of the Patient Protection and Affordable Care
Act (42 U.S.C. 18071); and
``(D) shall be subject to the rules applicable to
individuals not lawfully present set forth in section
5000A(d)(3) of the Internal Revenue Code of 1986.
``(5) Assignment of social security number.--
``(A) In general.--The Commissioner of Social Security, in
coordination with the Secretary, shall implement a system to
allow for the assignment of a Social Security number and the
issuance of a Social Security card to each alien who has been
granted registered provisional immigrant status under this
section.
``(B) Use of information.--The Secretary shall provide the
Commissioner of Social Security with information from the
applications filed by aliens granted registered provisional
immigrant status under this section and such other
information as the Commissioner determines to be necessary to
assign a Social Security account number to such aliens. The
Commissioner may use information received from the Secretary
under this subparagraph to assign Social Security account
numbers to such aliens and to administer the programs of the
Social Security Administration. The Commissioner may
maintain, use, and disclose such information only as
permitted under section 552a of title 5, United States Code
(commonly known as the Privacy Act of 1974) and other
applicable Federal laws.
``(e) Dissemination of Information on Registered
Provisional Immigrant Program.--As soon as practicable after
the date of the enactment of the Border Security, Economic
Opportunity, and Immigration Modernization Act, the
Secretary, in cooperation with entities approved by the
Secretary, and in accordance with a plan adopted by the
Secretary, shall broadly disseminate, in the most common
languages spoken by aliens who would qualify for registered
provisional immigrant status under this section, to
television, radio, print, and social media to which such
aliens would likely have access--
``(1) the procedures for applying for such status;
``(2) the terms and conditions of such status; and
``(3) the eligibility requirements for such status.''.
(b) Enlistment in the Armed Forces.--Section 504(b)(1) of
title 10, United States Code, is amended by adding at the end
the following:
``(D) An alien who has been granted registered provisional
immigrant status under section 245B of the Immigration and
Nationality Act.''.
SEC. 2102. ADJUSTMENT OF STATUS OF REGISTERED PROVISIONAL
IMMIGRANTS.
(a) In General.--Chapter 5 of title II (8 U.S.C. 1255 et
seq.) is amended by inserting after section 245B, as added by
section 2101 of this title, the following:
``SEC. 245C. ADJUSTMENT OF STATUS OF REGISTERED PROVISIONAL
IMMIGRANTS.
``(a) In General.--Subject to section 245E(d) and section
2302(c)(3) of the Border Security, Economic Opportunity, and
Immigration Modernization Act, the Secretary may adjust the
status of a registered provisional immigrant to that of an
alien lawfully admitted for permanent residence if the
registered provisional immigrant satisfies the eligibility
requirements set forth in subsection (b).
``(b) Eligibility Requirements.--
``(1) Registered provisional immigrant status.--
``(A) In general.--The alien was granted registered
provisional immigrant status under section 245B and remains
eligible for such status.
``(B) Continuous physical presence.--The alien establishes,
to the satisfaction of the Secretary, that the alien was not
continuously absent from the United States for more than 180
days in any calendar year during the period of admission as a
registered provisional immigrant, unless the alien's absence
was due to extenuating circumstances beyond the alien's
control.
``(C) Maintenance of waivers of inadmissibility.--The
grounds of inadmissibility set forth in section 212(a) that
were previously waived for the alien or made inapplicable
under section 245B(b) shall not apply for purposes of the
alien's adjustment of status under this section.
``(D) Pending revocation proceedings.--If the Secretary has
notified the applicant that the Secretary intends to revoke
the applicant's registered provisional immigrant status under
section 245B(d)(2)(A), the Secretary may not approve an
application for adjustment of status under this section
unless the Secretary makes a final determination not to
revoke the applicant's status.
``(2) Payment of taxes.--
``(A) In general.--An applicant may not file an application
for adjustment of status under this section unless the
applicant has satisfied any applicable Federal tax liability.
``(B) Definition of applicable federal tax liability.--In
subparagraph (A), the term `applicable Federal tax liability'
means all Federal income taxes assessed in accordance with
section 6203 of the Internal Revenue Code of 1986 since the
date on which the applicant was authorized to work in the
United States as a registered provisional immigrant under
section 245B(a).
``(C) Compliance.--The applicant may demonstrate compliance
with subparagraph (A) by submitting such documentation as the
Secretary, in consultation with the Secretary of the
Treasury, may require by regulation.
``(3) Employment requirement.--
``(A) In general.--Except as provided in subparagraphs (D)
and (E), an alien applying for adjustment of status under
this section shall establish that, during his or her period
of status as a registered provisional immigrant, he or she--
``(i)(I) was regularly employed throughout the period of
admission as a registered provisional immigrant, allowing for
brief periods lasting not more than 60 days; and
``(II) is not likely to become a public charge (as
determined under section 212(a)(4)); or
``(ii) can demonstrate average income or resources that are
not less than 125 percent of the Federal poverty level
throughout the period of admission as a registered
provisional immigrant.
``(B) Evidence of employment.--
``(i) Documents.--An alien may satisfy the employment
requirement under subparagraph (A)(i) by submitting, to the
Secretary, records that--
``(I) establish, by the preponderance of the evidence,
compliance with such employment requirement; and
``(II) have been maintained by the Social Security
Administration, the Internal Revenue Service, or any other
Federal, State, or local government agency.
``(ii) Other documents.--An alien who is unable to submit
the records described in clause (i) may satisfy the
employment or education requirement under subparagraph (A) by
submitting to the Secretary at least 2 types of reliable
documents not described in clause (i) that provide evidence
of employment or education, including--
``(I) bank records;
``(II) business records;
``(III) employer records;
``(IV) records of a labor union, day labor center, or
organization that assists workers in employment;
``(V) sworn affidavits from nonrelatives who have direct
knowledge of the alien's work or education, that contain--
``(aa) the name, address, and telephone number of the
affiant;
``(bb) the nature and duration of the relationship between
the affiant and the alien; and
``(cc) other verification or information;
``(VI) remittance records; and
``(VII) school records from institutions described in
subparagraph (D).
``(iii) Additional documents and restrictions.--The
Secretary may--
``(I) designate additional documents that may be used to
establish compliance with the requirement under subparagraph
(A); and
``(II) set such terms and conditions on the use of
affidavits as may be necessary to verify and confirm the
identity of any affiant or to otherwise prevent fraudulent
submissions.
``(C) Satisfaction of employment requirement.--An alien may
not be required to
[[Page S5376]]
satisfy the employment requirements under this section with a
single employer.
``(D) Education permitted.--An alien may satisfy the
requirement under subparagraph (A), in whole or in part, by
providing evidence of full-time attendance at--
``(i) an institution of higher education (as defined in
section 102(a) of the Higher Education Act of 1965 (20 U.S.C.
1002(a)));
``(ii) a secondary school, including a public secondary
school (as defined in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801));
``(iii) an education, literacy, or career and technical
training program (including vocational training) that is
designed to lead to placement in postsecondary education, job
training, or employment through which the alien is working
toward such placement; or
``(iv) an education program assisting students either in
obtaining a high school equivalency diploma, certificate, or
its recognized equivalent under State law (including a
certificate of completion, certificate of attendance, or
alternate award), or in passing a General Educational
Development exam or other equivalent State-authorized exam or
completed other applicable State requirements for high school
equivalency.
``(E) Authorization of exceptions and waivers.--
``(i) Exceptions based on age or disability.--The
employment and education requirements under this paragraph
shall not apply to any alien who--
``(I) is younger than 21 years of age on the date on which
the alien files an application for the first extension of the
initial period of authorized admission as a registered
provisional immigrant;
``(II) is at least 60 years of age on the date on which the
alien files an application for an extension of registered
provisional immigrant status or at least 65 years of age on
the date on which the alien's application for adjustment of
status is filed under this section; or
``(III) has a physical or mental disability (as defined in
section 3(2) of the Americans with Disabilities Act of 1990
(42 U.S.C. 12102(2))) or as a result of pregnancy if such
condition is evidenced by the submission of documentation
prescribed by the Secretary.
``(ii) Family exceptions.--The employment and education
requirements under this paragraph shall not apply to any
alien who is a dependent registered provisional immigrant
under subsection (b)(5).
``(iii) Temporary exceptions.--The employment and education
requirements under this paragraph shall not apply during any
period during which the alien--
``(I) was on medical leave, maternity leave, or other
employment leave authorized by Federal law, State law, or the
policy of the employer;
``(II) is or was the primary caretaker of a child or
another person who requires supervision or is unable to care
for himself or herself; or
``(III) was unable to work due to circumstances outside the
control of the alien.
``(iv) Waiver.--The Secretary may waive the employment or
education requirements under this paragraph with respect to
any individual alien who demonstrates extreme hardship to
himself or herself or to a spouse, parent, or child who is a
United States citizen or lawful permanent resident.
``(4) English skills.--
``(A) In general.--Except as provided under subparagraph
(C), a registered provisional immigrant who is 16 years of
age or older shall establish that he or she--
``(i) meets the requirements set forth in section 312; or
``(ii) is satisfactorily pursuing a course of study,
pursuant to standards established by the Secretary of
Education, in consultation with the Secretary, to achieve an
understanding of English and knowledge and understanding of
the history and Government of the United States, as described
in section 312(a).
``(B) Relation to naturalization examination.--A registered
provisional immigrant who demonstrates that he or she meets
the requirements set forth in section 312 may be considered
to have satisfied such requirements for purposes of becoming
naturalized as a citizen of the United States.
``(C) Exceptions.--
``(i) Mandatory.--Subparagraph (A) shall not apply to any
person who is unable to comply with the requirements under
that subparagraph because of a physical or developmental
disability or mental impairment.
``(ii) Discretionary.--The Secretary may waive all or part
of subparagraph (A) for a registered provisional immigrant
who is 70 years of age or older on the date on which an
application is filed for adjustment of status under this
section.
``(5) Military selective service.--The alien shall provide
proof of registration under the Military Selective Service
Act (50 U.S.C. App. 451 et seq.), if the alien is subject to
such registration on or after the date on which the alien's
application for registered provisional immigrant status is
granted.
``(c) Application Procedures.--
``(1) In general.--Beginning on the date described in
paragraph (2), a registered provisional immigrant, or a
registered provisional immigrant dependent, who meets the
eligibility requirements set forth in subsection (b) may
apply for adjustment of status to that of an alien lawfully
admitted for permanent residence by submitting an application
to the Secretary that includes the evidence required, by
regulation, to demonstrate the applicant's eligibility for
such adjustment.
``(2) Back of the line.--The status of a registered
provisional immigrant may not be adjusted to that of an alien
lawfully admitted for permanent residence under this section
until after the Secretary of State certifies that immigrant
visas have become available for all approved petitions for
immigrant visas that were filed under sections 201 and 203
before the date of the enactment of the Border Security,
Economic Opportunity, and Immigration Modernization Act.
``(3) Interview.--The Secretary may interview applicants
for adjustment of status under this section to determine
whether they meet the eligibility requirements set forth in
subsection (b).
``(4) Security and law enforcement clearances.--The
Secretary may not adjust the status of a registered
provisional immigrant under this section until renewed
national security and law enforcement clearances have been
completed with respect to the registered provisional
immigrant, to the satisfaction of the Secretary.
``(5) Fees and penalties.--
``(A) Processing fees.--
``(i) In general.--The Secretary shall impose a processing
fee on applicants for adjustment of status under this section
at a level sufficient to recover the full cost of processing
such applications, including costs associated with--
``(I) adjudicating the applications;
``(II) taking and processing biometrics;
``(III) performing national security and criminal checks,
including adjudication;
``(IV) preventing and investigating fraud; and
``(V) the administration of the fees collected.
``(ii) Authority to limit fees.--The Secretary, by
regulation, may--
``(I) limit the maximum processing fee payable under this
subparagraph by a family, including spouses and children; and
``(II) exempt other defined classes of individuals from the
payment of the fee authorized under clause (i).
``(iii) Deposit and use of fees.--Fees collected under this
subparagraph--
``(I) shall be deposited into the Immigration Examinations
Fee Account pursuant to section 286(m); and
``(II) shall remain available until expended pursuant to
section 286(n).
``(B) Penalties.--
``(i) In general.--In addition to the processing fee
required under subparagraph (A) and the penalty required
under section 245B(c)(6)(D), an alien who was 21 years of age
or older on the date on which the Border Security, Economic
Opportunity, and Immigration Modernization Act was originally
introduced in the Senate and is filing an application for
adjustment of status under this section shall pay a $1,000
penalty to the Secretary unless the alien meets the
requirements under section 245D(b).
``(ii) Installments.--The Secretary shall establish a
process for collecting payments required under clause (i)
through periodic installments.
``(iii) Deposit, allocation, and spending of penalties.--
Penalties collected under this subparagraph--
``(I) shall be deposited into the Comprehensive Immigration
Trust Fund established under section 6(a)(1) of the Border
Security, Economic Opportunity, and Immigration Modernization
Act; and
``(II) may be used for the purposes set forth in section
6(a)(3)(B) of such Act.''.
(b) Limitation on Registered Provisional Immigrants.--An
alien admitted as a registered provisional immigrant under
section 245B of the Immigration and Nationality Act, as added
by subsection (a), may only adjust status to an alien
lawfully admitted for permanent resident status under section
245C or 245D of such Act or section 2302.
(c) Naturalization.--Section 319 (8 U.S.C. 1430) is
amended--
(1) in the section heading, by striking ``AND EMPLOYEES OF
CERTAIN NONPROFIT ORGANIZATIONS'' and inserting ``, eMPLOYEES
OF CERTAIN NONPROFIT ORGANIZATIONS, AND OTHER LONG-TERM
LAWFUL RESIDENTS''; and
(2) by adding at the end the following:
``(f) Any lawful permanent resident who was lawfully
present in the United States and eligible for work
authorization for not less than 10 years before becoming a
lawful permanent resident may be naturalized upon compliance
with all the requirements under this title except the
provisions of section 316(a)(1) if such person, immediately
preceding the date on which the person filed an application
for naturalization--
``(1) has resided continuously within the United States,
after being lawfully admitted for permanent residence, for at
least 3 years;
``(2) during the 3-year period immediately preceding such
filing date, has been physically present in the United States
for periods totaling at least 50 percent of such period; and
``(3) has resided within the State or in the jurisdiction
of the U.S. Citizenship and Immigration Services field office
in the United States in which the applicant filed such
application for at least 3 months.''.
SEC. 2103. THE DREAM ACT.
(a) Short Title.--This section may be cited as the
``Development, Relief, and Education for Alien Minors Act of
2013'' or the ``DREAM Act 2013''.
(b) Adjustment of Status for Certain Aliens Who Entered the
United States as
[[Page S5377]]
Children.--Chapter 5 of title II (8 U.S.C. 1255 et seq.) is
amended by inserting after section 245C, as added by section
2102 of this title, the following:
``SEC. 245D. ADJUSTMENT OF STATUS FOR CERTAIN ALIENS WHO
ENTERED THE UNITED STATES AS CHILDREN.
``(a) Definitions.--In this section:
``(1) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002), except that the term does not include
institutions described in subsection (a)(1)(C) of such
section.
``(2) Secretary.--The term `Secretary' means the Secretary
of Homeland Security.
``(3) Uniformed services.--The term `Uniformed Services'
has the meaning given the term `uniformed services' in
section 101(a)(5) of title 10, United States Code.
``(b) Adjustment of Status for Certain Aliens Who Entered
the United States as Children.--
``(1) Requirements.--
``(A) In general.--The Secretary may adjust the status of a
registered provisional immigrant to the status of a lawful
permanent resident if the immigrant demonstrates that he or
she--
``(i) has been a registered provisional immigrant for at
least 5 years;
``(ii) was younger than 16 years of age on the date on
which the alien initially entered the United States;
``(iii) has earned a high school diploma, a commensurate
alternative award from a public or private high school or
secondary school, or has obtained a general education
development certificate recognized under State law, or a high
school equivalency diploma in the United States;
``(iv)(I) has acquired a degree from an institution of
higher education or has completed at least 2 years, in good
standing, in a program for a bachelor's degree or higher
degree in the United States; or
``(II) has served in the Uniformed Services for at least 4
years and, if discharged, received an honorable discharge;
and
``(v) has provided a list of each secondary school (as that
term is defined in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801)) that the
alien attended in the United States.
``(B) Hardship exception.--
``(i) In general.--The Secretary may adjust the status of a
registered provisional immigrant to the status of a lawful
permanent resident if the alien--
``(I) satisfies the requirements under clauses (i), (ii),
(iii), and (v) of subparagraph (A); and
``(II) demonstrates compelling circumstances for the
inability to satisfy the requirement under subparagraph
(A)(iv).
``(C) Citizenship requirement.--
``(i) In general.--Except as provided in clause (ii), the
Secretary may not adjust the status of an alien to lawful
permanent resident status under this section unless the alien
demonstrates that the alien satisfies the requirements under
section 312(a).
``(ii) Exception.--Clause (i) shall not apply to an alien
whose physical or developmental disability or mental
impairment prevents the alien from meeting the requirements
such section.
``(D) Submission of biometric and biographic data.--The
Secretary may not adjust the status of an alien to lawful
permanent resident status unless the alien--
``(i) submits biometric and biographic data, in accordance
with procedures established by the Secretary; or
``(ii) complies with an alternative procedure prescribed by
the Secretary, if the alien is unable to provide such
biometric data because of a physical impairment.
``(E) Background checks.--
``(i) Requirement for background checks.--The Secretary
shall utilize biometric, biographic, and other data that the
Secretary determines appropriate--
``(I) to conduct national security and law enforcement
background checks of an alien applying for lawful permanent
resident status under this section; and
``(II) to determine whether there is any criminal, national
security, or other factor that would render the alien
ineligible for such status.
``(ii) Completion of background checks.--The Secretary may
not adjust an alien's status to the status of a lawful
permanent resident under this subsection until the national
security and law enforcement background checks required under
clause (i) have been completed with respect to the alien, to
the satisfaction of the Secretary.
``(2) Application for lawful permanent resident status.--
``(A) In general.--A registered provisional immigrant
seeking lawful permanent resident status shall file an
application for such status in such manner as the Secretary
may require.
``(B) Adjudication.--
``(i) In general.--The Secretary shall evaluate each
application filed by a registered provisional immigrant under
this paragraph to determine whether the alien meets the
requirements under paragraph (1).
``(ii) Adjustment of status if favorable determination.--If
the Secretary determines that the alien meets the
requirements under paragraph (1), the Secretary shall notify
the alien of such determination and adjust the status of the
alien to lawful permanent resident status, effective as of
the date of such determination.
``(iii) Adverse determination.--If the Secretary determines
that the alien does not meet the requirements under paragraph
(1), the Secretary shall notify the alien of such
determination.
``(C) DACA recipients.--The Secretary may adopt streamlined
procedures for applicants for adjustment to lawful permanent
resident status under this section who were granted Deferred
Action for Childhood Arrivals pursuant to the Secretary's
memorandum of June 15, 2012.
``(3) Treatment for purposes of naturalization.--
``(A) In general.--An alien granted lawful permanent
resident status under this section shall be considered, for
purposes of title III--
``(i) to have been lawfully admitted for permanent
residence; and
``(ii) to have been in the United States as an alien
lawfully admitted to the United States for permanent
residence during the period the alien was a registered
provisional immigrant.
``(B) Limitation on application for naturalization.--An
alien may not apply for naturalization while the alien is in
registered provisional immigrant status, except for an alien
described in paragraph (1)(A)(ii) pursuant to section 328 or
329.''.
(c) Exemption From Numerical Limitations.--Section
201(b)(1) (8 U.S.C. 1151(b)(1)) is amended--
(1) by redesignating subparagraph (E) as subparagraph (F);
and
(2) by inserting after subparagraph (D) the following:
``(E) Aliens whose status is adjusted to permanent resident
status under section 245C or 245D.''.
(d) Restoration of State Option To Determine Residency for
Purposes of Higher Education.--
(1) Repeal.--Section 505 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is
repealed.
(2) Effective date.--The repeal under paragraph (1) shall
take effect as if included in the original enactment of the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (division C of Public Law 104-208).
(e) Naturalization.--Section 328(a) (8 U.S.C. 1439(a)) is
amended by inserting ``, without having been lawfully
admitted to the United States for permanent resident, and''
after ``naturalized''.
(f) Limitation on Federal Student Assistance.--
Notwithstanding any other provision of law, aliens granted
registered provisional immigrant status and who initially
entered the United States before reaching 16 years of age and
aliens granted blue card status shall be eligible only for
the following assistance under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.):
(1) Student loans under parts D and E of such title IV (20
U.S.C. 1087a et seq. and 1087aa et seq.), subject to the
requirements of such parts.
(2) Federal work-study programs under part C of such title
IV (42 U.S.C. 2751 et seq.), subject to the requirements of
such part.
(3) Services under such title IV (20 U.S.C. 1070 et seq.),
subject to the requirements for such services.
SEC. 2104. ADDITIONAL REQUIREMENTS.
(a) In General.--Chapter 5 of title II (8 U.S.C. 1255 et
seq.) is amended by inserting after section 245C, as added by
section 2102 of this title, the following:
``SEC. 245E. ADDITIONAL REQUIREMENTS RELATING TO REGISTERED
PROVISIONAL IMMIGRANTS AND OTHERS.
``(a) Disclosures.--
``(1) Prohibited disclosures.--Except as otherwise provided
in this subsection, no officer or employee of any Federal
agency may--
``(A) use the information furnished in an application for
lawful status under section 245B, 245C, or 245D for any
purpose other than to make a determination on any application
by the alien for any immigration benefit or protection;
``(B) make any publication through which information
furnished by any particular applicant can be identified; or
``(C) permit anyone other than the sworn officers,
employees, and contractors of such agency or of another
entity approved by the Secretary to examine any individual
application for lawful status under section 245B, 245C, or
245D.
``(2) Required disclosures.--The Secretary shall provide
the information furnished in an application filed under
section 245B, 245C, or 245D and any other information derived
from such furnished information to--
``(A) a law enforcement agency, intelligence agency,
national security agency, a component of the Department of
Homeland Security, court, or grand jury, consistent with law,
in connection with--
``(i) a criminal investigation or prosecution of any felony
not related to the applicant's immigration status; or
``(ii) a national security investigation or prosecution;
and
``(B) an official coroner for purposes of affirmatively
identifying a deceased individual, whether or not the death
of such individual resulted from a crime.
``(3) Auditing and evaluation of information.--The
Secretary may--
``(A) audit and evaluate information furnished as part of
any application filed under section 245B, 245C, or 245D for
purposes of identifying immigration fraud or fraud schemes;
and
[[Page S5378]]
``(B) use any evidence detected by means of audits and
evaluations for purposes of investigating, prosecuting,
referring for prosecution, or denying or terminating
immigration benefits.
``(b) Employer Protections.--
``(1) Use of employment records.--Copies of employment
records or other evidence of employment provided by an alien
or by an alien's employer in support of an alien's
application for registered provisional immigrant status under
section 245B may not be used in a civil or criminal
prosecution or investigation of that employer under section
274A or the Internal Revenue Code of 1986 for the prior
unlawful employment of that alien regardless of the
adjudication of such application or reconsideration by the
Secretary of such alien's prima facie eligibility
determination. Employers that provide unauthorized aliens
with copies of employment records or other evidence of
employment pursuant to an application for registered
provisional immigrant status shall not be subject to civil
and criminal liability pursuant to section 274A for employing
such unauthorized aliens.
``(2) Limit on applicability.--The protections for
employers and aliens under paragraph (1) shall not apply if
the aliens or employers submit employment records that are
deemed to be fraudulent.
``(c) Administrative Review.--
``(1) Exclusive administrative review.--Administrative
review of a determination respecting an application for
status under section 245B, 245C, 245D, or 245F or section
2211 of the Agricultural Worker Program Act of 2013 shall be
conducted solely in accordance with this subsection.
``(2) Administrative appellate review.--
``(A) Establishment of administrative appellate
authority.--The Secretary shall establish or designate an
appellate authority to provide for a single level of
administrative appellate review of a determination with
respect to applications for, or revocation of, status under
sections 245B, 245C, and 245D.
``(B) Single appeal for each administrative decision.--
``(i) In general.--An alien in the United States whose
application for status under section 245B, 245C, or 245D has
been denied or revoked may file with the Secretary not more
than 1 appeal of each decision to deny or revoke such status.
``(ii) Notice of appeal.--A notice of appeal filed under
this subparagraph shall be filed not later than 90 days after
the date of service of the decision of denial or revocation,
unless the delay was reasonably justifiable.
``(C) Review by secretary.--Nothing in this paragraph may
be construed to limit the authority of the Secretary to
certify appeals for review and final administrative decision.
``(D) Denial of petitions for dependents.--Appeals of a
decision to deny or revoke a petition filed by a registered
provisional immigrant pursuant to regulations promulgated
under section 245B to classify a spouse or child of such
alien as a registered provisional immigrant shall be subject
to the administrative appellate authority described in
subparagraph (A).
``(E) Stay of removal.--Aliens seeking administrative
review shall not be removed from the United States until a
final decision is rendered establishing ineligibility for
status under section 245B, 245C, or 245D.
``(3) Record for review.--Administrative appellate review
under paragraph (2) shall be de novo and based solely upon--
``(A) the administrative record established at the time of
the determination on the application; and
``(B) any additional newly discovered or previously
unavailable evidence.
``(4) Unlawful presence.--During the period in which an
alien may request administrative review under this
subsection, and during the period that any such review is
pending, the alien shall not be considered `unlawfully
present in the United States' for purposes of section
212(a)(9)(B).
``(d) Privacy and Civil Liberties.--
``(1) In general.--The Secretary, in accordance with
subsection (a)(1), shall require appropriate administrative
and physical safeguards to protect the security,
confidentiality, and integrity of personally identifiable
information collected, maintained, and disseminated pursuant
to sections 245B, 245C, and 245D.
``(2) Assessments.--Notwithstanding the privacy
requirements set forth in section 222 of the Homeland
Security Act (6 U.S.C. 142) and the E-Government Act of 2002
(Public Law 107-347), the Secretary shall conduct a privacy
impact assessment and a civil liberties impact assessment of
the legalization program established under sections 245B,
245C, and 245D during the pendency of the interim final
regulations required to be issued under section 2110 of the
Border Security, Economic Opportunity, and Immigration
Modernization Act.''.
(b) Judicial Review.--Section 242 (8 U.S.C. 1252) is
amended--
(1) in subsection (a)(2)--
(A) in subparagraph (B), by inserting ``the exercise of
discretion arising under'' after ``no court shall have
jurisdiction to review'';
(B) in subparagraph (D), by striking ``raised upon a
petition for review filed with an appropriate court of
appeals in accordance with this section'';
(2) in subsection (b)(2), by inserting ``or, in the case of
a decision rendered under section 245E(c), in the judicial
circuit in which the petitioner resides'' after
``proceedings''; and
(3) by adding at the end the following:
``(h) Judicial Review of Eligibility Determinations
Relating to Status Under Chapter 5.--
``(1) Direct review.--If an alien's application under
section 245B, 245C, 245D, or 245F or section 2211 of the
Agricultural Worker Program Act of 2013 is denied, or is
revoked after the exhaustion of administrative appellate
review under section 245E(c), the alien may seek review of
such decision, in accordance with chapter 7 of title 5,
United States Code, before the United States district court
for the district in which the person resides.
``(2) Status during review.--While a review described in
paragraph (1) is pending--
``(A) the alien shall not be deemed to accrue unlawful
presence for purposes of section 212(a)(9);
``(B) any unexpired grant of voluntary departure under
section 240B shall be tolled; and
``(C) the court shall have the discretion to stay the
execution of any order of exclusion, deportation, or removal.
``(3) Review after removal proceedings.--An alien may seek
judicial review of a denial or revocation of approval of the
alien's application under section 245B, 245C, or 245D in the
appropriate United States court of appeal in conjunction with
the judicial review of an order of removal, deportation, or
exclusion if the validity of the denial has not been upheld
in a prior judicial proceeding under paragraph (1).
``(4) Standard for judicial review.--
``(A) Basis.--Judicial review of a denial, or revocation of
an approval, of an application under section 245B, 245C, or
245D shall be based upon the administrative record
established at the time of the review.
``(B) Authority to remand.--The reviewing court may remand
a case under this subsection to the Secretary for
consideration of additional evidence if the court finds
that--
``(i) the additional evidence is material; and
``(ii) there were reasonable grounds for failure to adduce
the additional evidence before the Secretary.
``(C) Scope of review.--Notwithstanding any other provision
of law, judicial review of all questions arising from a
denial, or revocation of an approval, of an application under
section 245B, 245C, or 245D shall be governed by the standard
of review set forth in section 706 of title 5, United States
Code.
``(5) Remedial powers.--
``(A) Jurisdiction.--Notwithstanding any other provision of
law, the United States district courts shall have
jurisdiction over any cause or claim arising from a pattern
or practice of the Secretary in the operation or
implementation of the Border Security, Economic Opportunity,
and Immigration Modernization Act, or the amendments made by
such Act, that is arbitrary, capricious, or otherwise
contrary to law.
``(B) Scope of relief.--The United States district courts
may order any appropriate relief in a clause or claim
described in subparagraph (A) without regard to exhaustion,
ripeness, or other standing requirements (other than
constitutionally-mandated requirements), if the court
determines that--
``(i) the resolution of such cause or claim will serve
judicial and administrative efficiency; or
``(ii) a remedy would otherwise not be reasonably available
or practicable.
``(6) Challenges to the validity of the system.--
``(A) In general.--Except as provided in paragraph (5), any
claim that section 245B, 245C, 245D, or 245E or any
regulation, written policy, or written directive, issued or
unwritten policy or practice initiated by or under the
authority of the Secretary to implement such sections,
violates the Constitution of the United States or is
otherwise in violation of law is available exclusively in an
action instituted in United States District Court in
accordance with the procedures prescribed in this paragraph.
``(B) Savings provision.--Except as provided in
subparagraph (C), nothing in subparagraph (A) may be
construed to preclude an applicant under 245B, 245C, or 245D
from asserting that an action taken or a decision made by the
Secretary with respect to the applicant's status was contrary
to law.
``(C) Class actions.--Any claim described in subparagraph
(A) that is brought as a class action shall be brought in
conformity with--
``(i) the Class Action Fairness Act of 2005 (Public Law
109-2); and
``(ii) the Federal Rules of Civil Procedure.
``(D) Preclusive effect.--The final disposition of any
claim brought under subparagraph (A) shall be preclusive of
any such claim asserted by the same individual in a
subsequent proceeding under this subsection.
``(E) Exhaustion and stay of proceedings.--
``(i) In general.--No claim brought under this paragraph
shall require the plaintiff to exhaust administrative
remedies under section 245E(c).
``(ii) Stay authorized.--Nothing in this paragraph may be
construed to prevent the court from staying proceedings under
this paragraph to permit the Secretary to evaluate an
allegation of an unwritten policy or practice or to take
corrective action. In determining whether to issue such a
stay, the court shall take into account any harm the stay may
cause to the claimant.''.
(c) Rule of Construction.--Section 244(h) of the
Immigration and Nationality Act (8 U.S.C. 1254a(h)) shall not
limit the authority of the Secretary to adjust the status of
an
[[Page S5379]]
alien under section 245C or 245D of the Immigration and
Nationality Act, as added by this subtitle.
(d) Effect of Failure To Register on Eligibility for
Immigration Benefits.--Failure to comply with section
264.1(f) of title 8, Code of Federal Regulations or with
removal orders or voluntary departure agreements based on
such section for acts committed before the date of the
enactment of this Act shall not affect the eligibility of an
alien to apply for a benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(e) Clerical Amendment.--The table of contents is amended
by inserting after the item relating to section 245A the
following:
``Sec. 245B. Adjustment of status of eligible entrants before December
31, 2011, to that of registered provisional immigrant.
``Sec. 245C. Adjustment of status of registered provisional immigrants.
``Sec. 245D. Adjustment of status for certain aliens who entered the
United States as children.
``Sec. 245E. Additional requirements relating to registered provisional
immigrants and others.''.
SEC. 2105. CRIMINAL PENALTY.
(a) In General.--Chapter 69 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 1430. Improper use of information relating to
registered provisional immigrant applications
``Any person who knowingly uses, publishes, or permits
information described in section 245E(a) of the Immigration
and Nationality Act to be examined in violation of such
section shall be fined not more than $10,000.''.
(b) Deposit of Fines.--All criminal penalties collected
under section 1430 of title 18, United States Code, as added
by subsection (a), shall be deposited into the Comprehensive
Immigration Reform Trust Fund established under section
6(a)(1).
(c) Clerical Amendment.--The table of sections in chapter
69 of title 18, United States Code, is amended by adding at
the end the following:
``1430. Improper use of information relating to registered provisional
immigrant applications.''.
SEC. 2106. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS.
(a) Establishment.--The Secretary may establish, within
U.S. Citizenship and Immigration Services, a program to award
grants, on a competitive basis, to eligible nonprofit
organizations that will use the funding to assist eligible
applicants under section 245B, 245C, 245D, or 245F of the
Immigration and Nationality Act or section 2211 of this Act
by providing them with the services described in subsection
(c).
(b) Eligible Nonprofit Organization.--The term ``eligible
nonprofit organization'' means a nonprofit, tax-exempt
organization, including a community, faith-based or other
immigrant-serving organization, whose staff has demonstrated
qualifications, experience, and expertise in providing
quality services to immigrants, refugees, persons granted
asylum, or persons applying for such statuses.
(c) Use of Funds.--Grant funds awarded under this section
may be used for the design and implementation of programs
that provide--
(1) information to the public regarding the eligibility and
benefits of registered provisional immigrant status
authorized under section 245B of the Immigration and
Nationality Act and blue card status authorized under section
2211, particularly to individuals potentially eligible for
such status;
(2) assistance, within the scope of authorized practice of
immigration law, to individuals submitting applications for
registered provisional immigrant status or blue card status,
including--
(A) screening prospective applicants to assess their
eligibility for such status;
(B) completing applications and petitions, including
providing assistance in obtaining the requisite documents and
supporting evidence;
(C) applying for any waivers for which applicants and
qualifying family members may be eligible; and
(D) providing any other assistance that the Secretary or
grantees consider useful or necessary to apply for registered
provisional immigrant status or blue card status;
(3) assistance, within the scope of authorized practice of
immigration law, to individuals seeking to adjust their
status to that of an alien admitted for permanent residence
under section 245C or 245F of the Immigration and Nationality
Act; and
(4) assistance, within the scope of authorized practice of
immigration law, and instruction, to individuals--
(A) on the rights and responsibilities of United States
citizenship;
(B) in civics and civics-based English as a second
language; and
(C) in applying for United States citizenship.
(d) Source of Grant Funds.--
(1) Application fees.--The Secretary may use up to
$50,000,000 from the Comprehensive Immigration Reform Trust
Fund established under section 6(a)(1) to carry out this
section.
(2) Authorization of appropriations.--
(A) Amounts authorized.--In addition to the amounts made
available under paragraph (1), there are authorized to be
appropriated such sums as may be necessary for each of the
fiscal years 2014 through 2018 to carry out this section.
(B) Availability.--Any amounts appropriated pursuant to
subparagraph (A) shall remain available until expended.
SEC. 2107. CONFORMING AMENDMENTS TO THE SOCIAL SECURITY ACT.
(a) Correction of Social Security Records.--
(1) In general.--Section 208(e)(1) of the Social Security
Act (42 U.S.C. 408(e)(1)) is amended--
(A) in subparagraph (B)(ii), by striking ``or'' at the end;
(B) in subparagraph (C), by striking the comma at the end
and inserting a semicolon;
(C) by inserting after subparagraph (C) the following:
``(D) who is granted status as a registered provisional
immigrant under section 245B or 245D of the Immigration and
Nationality Act; or
``(E) whose status is adjusted to that of lawful permanent
resident under section 245C of the Immigration and
Nationality Act,''; and
(D) in the undesignated matter at the end, by inserting ``,
or in the case of an alien described in subparagraph (D) or
(E), if such conduct is alleged to have occurred before the
date on which the alien submitted an application under
section 245B of such Act for classification as a registered
provisional immigrant'' before the period at the end.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the first day of the tenth month that
begins after the date of the enactment of this Act.
(b) State Discretion Regarding Termination of Parental
Rights.--
(1) In general.--A compelling reason for a State not to
file (or to join in the filing of) a petition to terminate
parental rights under section 475(5)(E) of the Social
Security Act (42 U.S.C. 675(5)(E)) shall include--
(A) the removal of the parent from the United States,
unless the parent is unfit or unwilling to be a parent of the
child; or
(B) the involvement of the parent in (including detention
pursuant to) an immigration proceeding, unless the parent is
unfit or unwilling to be a parent of the child.
(2) Conditions.--Before a State may file to terminate the
parental rights under such section 475(5)(E), the State (or
the county or other political subdivision of the State, as
applicable) shall make reasonable efforts--
(A) to identify, locate, and contact (including, if
appropriate, through the diplomatic or consular offices of
the country to which the parent was removed or in which a
parent or relative resides)--
(i) any parent of the child who is in immigration
detention;
(ii) any parent of the child who has been removed from the
United States; and
(iii) if possible, any potential adult relative of the
child (as described in section 471(a)(29));
(B) to notify such parent or relative of the intent of the
State (or the county or other political subdivision of the
State, as applicable) to file (or to join in the filing of) a
petition referred to in paragraph (1); or
(C) to reunify the child with any such parent or relative;
and
(D) to provide and document appropriate services to the
parent or relative.
(3) Conforming amendment.--Section 475(5)(E)(ii) of the
Social Security Act (42 U.S.C. 675(5)(E)) is amended by
inserting ``, including the reason set forth in section
2107(b)(1) of the Border Security, Economic Opportunity, and
Immigration Modernization Act'' after ``child''.
(c) Children Separated From Parents and Caregivers.--
(1) State plan for foster care and adoption assistance.--
Section 471(a) of the Social Security Act (42 U.S.C. 671(a))
is amended--
(A) by amending paragraph (19) to read as follows:
``(19) provides that the State shall give preference to an
adult relative over a nonrelated caregiver when determining a
placement for a child if--
``(A) the relative caregiver meets all relevant State child
protection standards; and
``(B) the standards referred to in subparagraph (A) ensure
that the immigration status alone of a parent, legal
guardian, or relative shall not disqualify the parent, legal
guardian, or relative from being a placement for a child;'';
and
(B) in paragraph (32), by striking ``and'' at the end;
(C) in paragraph (33), by striking the period at the end
and inserting ``; and''; and
(D) by adding at the end the following:
``(34) provides that the State shall--
``(A) ensure that the case manager for a separated child is
capable of communicating in the native language of such child
and of the family of such child, or an interpreter who is so
capable is provided to communicate with such child and the
family of such child at no cost to the child or to the family
of such child;
``(B) coordinate with the Department of Homeland Security
to ensure that parents who wish for their child to accompany
them to their country of origin are given adequate time and
assistance to obtain a passport and visa, and to collect all
relevant vital documents, such as birth certificate, health,
and educational records and other information;
``(C) coordinate with State agencies regarding alternate
documentation requirements for a criminal records check or a
fingerprint-based check for a caregiver that
[[Page S5380]]
does not have Federal or State-issued identification;
``(D) preserve, to the greatest extent practicable, the
privacy and confidentiality of all information gathered in
the course of administering the care, custody, and placement
of, and follow up services provided to, a separated child,
consistent with the best interest of such child, by not
disclosing such information to other government agencies or
persons (other than a parent, legal guardian, or relative
caregiver or such child), except that the head of the State
agency (or the county or other political subdivision of the
State, as applicable) may disclose such information, after
placing a written record of the disclosure in the file of the
child--
``(i) to a consular official for the purpose of
reunification of a child with a parent, legal guardian, or
relative caregiver who has been removed or is involved in an
immigration proceeding, unless the child has refused contact
with, or the sharing of personal or identifying information
with, the government of his or her country of origin;
``(ii) when authorized to do so by the child (if the child
has attained 18 years of age) if the disclosure is consistent
with the best interest of the child; or
``(iii) to a law enforcement agency if the disclosure would
prevent imminent and serious harm to another individual; and
``(E) not less frequently than annually, compile, update,
and publish a list of entities in the State that are
qualified to provide legal representation services for a
separated child, in a language such that a child can read and
understand.''.
(2) Additional information to be included in case plan.--
Section 475 of such Act (42 U.S.C. 675) is amended--
(A) in paragraph (1), by adding at the end the following:
``(H) In the case of a separated child with respect to whom
the State plan requires the State to provide services under
section 471(a)(34)--
``(i) the location of the parent or legal guardian
described in paragraph (9)(A) from whom the child has been
separated; and
``(ii) a written record of each disclosure to a government
agency or person (other than such a parent, legal guardian,
or relative) of information gathered in the course of
tracking the care, custody, and placement of, and follow-up
services provided to, the child.''; and
(B) by adding at the end the following:
``(9) The term `separated child' means an individual who--
``(A) has a parent or legal guardian who has been--
``(i) detained by a Federal, State, or local law
enforcement agency in the enforcement of an immigration law;
or
``(ii) removed from the United States as a result of a
violation of such a law; and
``(B) is in foster care under the responsibility of a
State.''.
(3) Effective date.--The amendments made by this subsection
shall take effect on the 1st day of the 1st calendar quarter
that begins after the 1-year period that begins on the date
of the enactment of this Act.
(d) Preclusion of Social Security Credits for Periods
Without Work Authorization.--
(1) Insured status.--Section 214 of the Social Security Act
(42 U.S.C. 414) is amended by adding at the end the following
new subsection:
``(d) Insured Status.--
``(1) In general.--Subject to paragraphs (2) and (3), for
purposes of subsections (a) and (b), no quarter of coverage
shall be credited for any calendar year--
``(A) beginning after December 31, 2003, and before January
1, 2014, with respect to an individual who has been granted
registered provisional immigrant status pursuant to section
245B of the Immigration and Nationality Act; or
``(B) beginning after December 31, 2003, and before January
1, 2014, in which an individual earned such quarter of
coverage while present under an expired nonimmigrant visa,
unless the Commissioner of Social Security determines, on the
basis of information provided to the Commissioner by the
individual, that the individual was authorized to be employed
in the United States during such quarter.
``(2) Exception.--Paragraph (1) shall not apply to an
individual who was assigned a social security account number
before January 1, 2004.
``(3) Attestation of work authorization.--
``(A) In general.--For purposes of paragraph (1), if an
individual is unable to obtain or produce sufficient evidence
or documentation that the individual was authorized to be
employed in the United States during a quarter, the
individual may submit an attestation to the Commissioner of
Social Security that the individual was authorized to be
employed in the United States during such quarter and that
sufficient evidence or documentation of such authorization
cannot be obtained by the individual.
``(B) Penalty.--Any individual who knowingly submits a
false attestation described in subparagraph (A) shall be
subject to the penalties under section 1041 of title 18,
United States Code.''.
(2) Benefit computation.--Section 215(e) of the Social
Security Act (42 U.S.C. 415(e)) is amended--
(A) in paragraph (1), by striking ``and'' at the end;
(B) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) in computing the average indexed monthly earnings of
an individual, there shall not be counted any wages or self-
employment income for any year for which no quarter of
coverage may be credited to such individual as a result of
the application of section 214(d).''.
(3) Conforming amendment.--Section 223(c)(1) of the Social
Security Act (42 U.S.C. 423(c)(1)) is amended in the flush
matter at the end by inserting ``the individual does not
satisfy the criterion specified in section 214(d) or'' after
``part of any period if''.
(4) Effective date.--The amendments made by this subsection
shall apply to benefit applications filed on or after the
date that is 180 days after the date of the enactment of this
Act based on the wages or self-employment income of an
individual with respect to whom a primary insurance amount
has not been determined under title II of the Social Security
Act (42 U.S.C. 401 et seq.) before such date.
SEC. 2108. GOVERNMENT CONTRACTING AND ACQUISITION OF REAL
PROPERTY INTEREST.
(a) Exemption From Government Contracting and Hiring
Rules.--
(1) In general.--A determination by a Federal agency to use
a procurement competition exemption under section 253(c) of
title 41, United States Code, or to use the authority granted
in paragraph (2), for the purpose of implementing this title
and the amendments made by this title is not subject to
challenge by protest to the Government Accountability Office
under sections 3551 and 3556 of title 31, United States Code,
or to the Court of Federal Claims, under section 1491 of
title 28, United States Code. An agency shall immediately
advise the Congress of the exercise of the authority granted
under this paragraph.
(2) Government contracting exemption.--The competition
requirement under section 253(a) of title 41, United States
Code, may be waived or modified by a Federal agency for any
procurement conducted to implement this title or the
amendments made by this title if the senior procurement
executive for the agency conducting the procurement--
(A) determines that the waiver or modification is
necessary; and
(B) submits an explanation for such determination to the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Homeland Security of the
House of Representatives.
(3) Hiring rules exemption.--Notwithstanding any other
provision of law, the Secretary is authorized to make term,
temporary limited, and part-time appointments of employees
who will implement this title and the amendments made by this
title without regard to the number of such employees, their
ratio to permanent full-time employees, and the duration of
their employment. Nothing in chapter 71 of title 5, United
States Code, shall affect the authority of any Department
management official to hire term, temporary limited or part-
time employees under this paragraph.
(b) Authority To Waive Annuity Limitations.--Section
824(g)(2)(B) of the Foreign Service Act of 1980 (22 U.S.C.
4064(g)(2)(B)) is amended by striking ``2009'' and inserting
``2017''.
(c) Authority To Acquire Leaseholds.--Notwithstanding any
other provision of law, the Secretary may acquire a leasehold
interest in real property, and may provide in a lease entered
into under this subsection for the construction or
modification of any facility on the leased property, if the
Secretary determines that the acquisition of such interest,
and such construction or modification, are necessary in order
to facilitate the implementation of this title and the
amendments made by this title.
SEC. 2109. LONG-TERM LEGAL RESIDENTS OF THE COMMONWEALTH OF
THE NORTHERN MARIANA ISLANDS.
Section (6)(e) of the Joint Resolution entitled ``A Joint
Resolution to approve the `Covenant to Establish a
Commonwealth of the Northern Mariana Islands in Political
Union with the United States of America', and for other
purposes'', approved March 24, 1976 (48 U.S.C. 1806(e)), as
added by section 702 of the Consolidated Natural Resources
Act of 2008 (Public Law 110-229; 122 Stat. 854), is amended
by adding at the end the following:
``(6) Special provision regarding long-term residents of
the commonwealth.--
``(A) CNMI-only resident status.--Notwithstanding paragraph
(1), an alien described in subparagraph (B) may, upon the
application of the alien, be admitted as an immigrant to the
Commonwealth subject to the following rules:
``(i) The alien shall be treated as an immigrant lawfully
admitted for permanent residence in the Commonwealth only,
including permitting entry to and exit from the Commonwealth,
until the earlier of the date on which--
``(I) the alien ceases to permanently reside in the
Commonwealth; or
``(II) the alien's status is adjusted under this paragraph
or section 245 of the Immigration and Nationality Act (8
U.S.C. 1255) to that of an alien lawfully admitted for
permanent residence in accordance with all applicable
eligibility requirements.
``(ii) The Secretary of Homeland Security shall establish a
process for such aliens to apply for CNMI-only permanent
resident status during the 90-day period beginning on the
first day of the sixth month after the date of the enactment
of this paragraph.
[[Page S5381]]
``(iii) Nothing in this subparagraph may be construed to
provide any alien granted status under this subparagraph with
public assistance to which the alien is not otherwise
entitled.
``(B) Aliens described.--An alien is described in this
subparagraph if the alien--
``(i) is lawfully present in the Commonwealth under the
immigration laws of the United States;
``(ii) is otherwise admissible to the United States under
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.);
``(iii) resided continuously and lawfully in the
Commonwealth from November 28, 2009, through the date of the
enactment of this paragraph;
``(iv) is not a citizen of the Republic of the Marshall
Islands, the Federated States of Micronesia, or the Republic
of Palau; and
``(v)(I) was born in the Northern Mariana Islands between
January 1, 1974 and January 9, 1978;
``(II) was, on May 8, 2008, and continues to be as of the
date of the enactment of this paragraph, a permanent resident
(as defined in section 4303 of title 3 of the Northern
Mariana Islands Commonwealth Code, in effect on May 8, 2008);
``(III) is the spouse or child (as defined in section
101(b)(1) of the Immigration and Nationality Act (8 U.S.C.
1101(b)(1))), of an alien described in subclauses (I) or
(II);
``(IV) was, on May 8, 2008, an immediate relative (as
defined in section 4303 of title 3 of the Northern Mariana
Islands Commonwealth Code, in effect on May 8, 2008, of a
United States citizen, notwithstanding the age of the United
States citizen, and continues to be such an immediate
relative on the date of the application described in
subparagraph (A);
``(V) resided in the Northern Mariana Islands as a guest
worker under Commonwealth immigration law for at least 5
years before May 8, 2008 and is presently resident under CW-1
status; or
``(VI) is the spouse or child (as defined in section
101(b)(1) of the Immigration and Nationality Act (8 U.S.C.
1101(b)(1))), of the alien guest worker described in
subclause (V) and is presently resident under CW-2 status.
``(C) Adjustment for long term and permanent residents.--
Beginning on the date that is 5 years after the date of the
enactment of the Border Security, Economic Opportunity, and
Immigration Modernization Act, an alien described in
subparagraph (B) may apply to receive an immigrant visa or to
adjust his or her status to that of an alien lawfully
admitted for permanent residence.''.
SEC. 2110. RULEMAKING.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Secretary, the Attorney
General, and the Secretary of State separately shall issue
interim final regulations to implement this subtitle and the
amendments made by this subtitle, which shall take effect
immediately upon publication in the Federal Register.
(b) Application Procedures; Processing Fees;
Documentation.--The interim final regulations issued under
subsection (a) shall include--
(1) the procedures by which an alien, and the dependent
spouse and children of such alien may apply for status under
section 245B of the Immigration and Nationality Act, as added
by section 2101 of this Act, as a registered provisional
immigrant or a registered provisional immigrant dependent, as
applicable, including the evidence required to demonstrate
eligibility for such status or to be included in each
application for such status;
(2) the criteria to be used by the Secretary to determine--
(A) the maximum processing fee payable under sections
245B(c)(10)(B) and 245C(c)(5)(A) of such Act by a family,
including spouses and unmarried children younger than 21
years of age; and
(B) which individuals will be exempt from such fees;
(3) the documentation required to be submitted by the
applicant to demonstrate compliance with section 245C(b)(3)
of such Act; and
(4) the procedures for a registered provisional immigrant
to apply for adjustment of status under section 245C or 245D
of such Act, including the evidence required to be submitted
with such application to demonstrate the applicant's
eligibility for such adjustment.
(c) Exemption From National Environmental Policy Act.--Any
decision by the Secretary concerning any rulemaking action,
plan, or program described in this section shall not be
considered to be a major Federal action subject to review
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
SEC. 2111. STATUTORY CONSTRUCTION.
Except as specifically provided, nothing in this subtitle,
or any amendment made by this subtitle, may be construed to
create any substantive or procedural right or benefit that is
legally enforceable by any party against the United States or
its agencies or officers or any other person.
Subtitle B--Agricultural Worker Program
SEC. 2201. SHORT TITLE.
This subtitle may be cited as the ``Agricultural Worker
Program Act of 2013''.
SEC. 2202. DEFINITIONS.
In this subtitle:
(1) Blue card status.--The term ``blue card status'' means
the status of an alien who has been lawfully admitted into
the United States for temporary residence under section 2211.
(2) Agricultural employment.--The term ``agricultural
employment'' has the meaning given such term in section 3 of
the Migrant and Seasonal Agricultural Worker Protection Act
(29 U.S.C. 1802), without regard to whether the specific
service or activity is temporary or seasonal.
(3) Child.--The term ``child'' has the meaning given the
term in section 101(b)(1) of the Immigration and Nationality
Act (8 U.S.C. 1101(b)(1)).
(4) Employer.--The term ``employer'' means any person or
entity, including any farm labor contractor and any
agricultural association, that employs workers in
agricultural employment.
(5) Qualified designated entity.--The term ``qualified
designated entity'' means--
(A) a qualified farm labor organization or an association
of employers designated by the Secretary; or
(B) any other entity that the Secretary designates as
having substantial experience, demonstrated competence, and a
history of long-term involvement in the preparation and
submission of application for adjustment of status under
title II of the Immigration and Nationality Act (8 U.S.C.
1151 et seq.).
(6) Work day.--The term ``work day'' means any day in which
the individual is employed 5.75 or more hours in agricultural
employment.
CHAPTER 1--PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL WORKERS
Subchapter A--Blue Card Status
SEC. 2211. REQUIREMENTS FOR BLUE CARD STATUS.
(a) Requirements for Blue Card Status.--Notwithstanding any
other provision of law, the Secretary, after conducting the
national security and law enforcement clearances required
under section 245B(c)(4), may grant blue card status to an
alien who--
(1)(A) performed agricultural employment in the United
States for not fewer than 575 hours or 100 work days during
the 2-year period ending on December 31, 2012; or
(B) is the spouse or child of an alien described in
subparagraph (A) and was physically present in the United
States on or before December 31, 2012, and has maintained
continuous presence in the United States from that date until
the date on which the alien is granted blue card status, with
the exception of absences from the United States that are
brief, casual, and innocent, whether or not such absences
were authorized by the Secretary;
(2) submits a completed application before the end of the
period set forth in subsection (b)(2); and
(3) is not ineligible under paragraph (3) or (4) of section
245B(b) of the Immigration and Nationality Act (other than a
nonimmigrant alien admitted to the United States for
agricultural employment described in section
101(a)(15)(H)(ii)(a) of such Act.
(b) Application.--
(1) In general.--An alien who meets the eligibility
requirements set forth in subsection (a)(1), may apply for
blue card status and that alien's spouse or child may apply
for blue card status as a dependent, by submitting a
completed application form to the Secretary during the
application period set forth in paragraph (2) in accordance
with the final rule promulgated by the Secretary pursuant to
subsection (e).
(2) Submission.--The Secretary shall provide that the alien
shall be able to submit an application under paragraph (1)--
(A) if the applicant is represented by an attorney or a
nonprofit religious, charitable, social service, or similar
organization recognized by the Board of Immigration Appeals
under section 292.2 of title 8, Code of Federal Regulations;
or
(B) to a qualified entity if the applicant consents to the
forwarding of the application to the Secretary.
(3) Application period.--
(A) Initial period.--Except as provided in subparagraph
(B), the Secretary may only accept applications for blue card
status for a 1-year period from aliens in the United States
beginning on the date on which the final rule is published in
the Federal Register pursuant to subsection (f), except that
qualified nonimmigrants who have participated in the H-2A
Program may apply from outside of the United States.
(B) Extension.--If the Secretary determines, during the
initial period described in subparagraph (A), that additional
time is required to process applications for blue card status
or for other good cause, the Secretary may extend the period
for accepting applications for an additional 18 months.
(4) Application form.--
(A) Required information.--The application form referred to
in paragraph (1) shall collect such information as the
Secretary determines necessary and appropriate.
(B) Family application.--The Secretary shall establish a
process through which an alien may submit a single
application under this section on behalf of the alien, his or
her spouse, and his or her children, who are residing in the
United States.
(C) Interview.--The Secretary may interview applicants for
blue card status to determine whether they meet the
eligibility requirements set forth in subsection (a)(1).
(5) Aliens apprehended before or during the application
period.--If an alien, who is apprehended during the period
beginning on the date of the enactment of this Act and ending
on the application period described in
[[Page S5382]]
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.--
[[Page S5383]]
(1) Conditions of blue card status.--
(A) Employment.--Notwithstanding any other provision of
law, including section 241(a)(7) of the Immigration and
Nationality Act (8 U.S.C. 1231(a)(7)), an alien with blue
card status shall be authorized to be employed in the United
States while in such status.
(B) Travel outside the united states.--An alien with blue
card status may travel outside of the United States and may
be admitted, if otherwise admissible, upon returning to the
United States without having to obtain a visa if--
(i) the alien is in possession of--
(I) valid, unexpired documentary evidence of blue card
status that complies with subsection (b)(11); or
(II) a travel document that has been approved by the
Secretary and was issued to the alien after the alien's
original documentary evidence was lost, stolen, or destroyed;
(ii) the alien's absence from the United States did not
exceed 180 days, unless the alien's failure to timely return
was due to extenuating circumstances beyond the alien's
control; and
(iii) the alien establishes that the alien is not
inadmissible under subparagraph (A)(i), (A)(iii), (B), or (C)
of section 212(a)(3) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(3)).
(C) Admission.--An alien granted blue card status shall be
considered to have been admitted in such status as of the
date on which the alien's application was filed.
(D) Clarification of status.--An alien granted blue card
status--
(i) is lawfully admitted to the United States; and
(ii) may not be classified as a nonimmigrant or as an alien
who has been lawfully admitted for permanent residence.
(2) Revocation.--
(A) In general.--The Secretary may revoke blue card status
at any time after providing appropriate notice to the alien,
and after the exhaustion or waiver of all applicable
administrative review procedures under section 245E(c) of the
Immigration and Nationality Act, as added by section 2104(a)
of this Act, if the alien--
(i) no longer meets the eligibility requirements for blue
card status;
(ii) knowingly used documentation issued under this section
for an unlawful or fraudulent purpose; or
(iii) was absent from the United States for--
(I) any single period longer than 180 days in violation of
the requirement under paragraph (1)(B)(ii); or
(II) for more than 180 days in the aggregate during any
calendar year, unless the alien's failure to timely return
was due to extenuating circumstances beyond the alien's
control.
(B) Additional evidence.--
(i) In general.--In determining whether to revoke an
alien's status under subparagraph (A), the Secretary may
require the alien--
(I) to submit additional evidence; or
(II) to appear for an interview.
(ii) Effect of noncompliance.--The status of an alien who
fails to comply with any requirement imposed by the Secretary
under clause (i) shall be revoked unless the alien
demonstrates to the Secretary's satisfaction that such
failure was reasonably excusable.
(C) Invalidation of documentation.--If an alien's blue card
status is revoked under subparagraph (A), any documentation
issued by the Secretary to such alien under subsection
(b)(11) shall automatically be rendered invalid for any
purpose except for departure from the United States.
(3) Ineligibility for public benefits.--An alien who has
been granted blue card status is not eligible for any Federal
means-tested public benefit (as such term is defined and
implemented in section 403 of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613)).
(4) Treatment of blue card status.--A noncitizen granted
blue card status shall be considered lawfully present in the
United States for all purposes while such noncitizen remains
in such status, except that the noncitizen--
(A) is not entitled to the premium assistance tax credit
authorized under section 36B of the Internal Revenue Code of
1986 for his or her coverage;
(B) shall be subject to the rules applicable to individuals
who are not lawfully present set forth in subsection (e) of
such section;
(C) shall be subject to the rules applicable to individuals
who are not lawfully present set forth in section 1402(e) of
the Patient Protection and Affordable Care Act (42 U.S.C.
18071(e)); and
(D) shall be subject to the rules applicable to individuals
not lawfully present set forth in section 5000A(d)(3) of the
Internal Revenue Code of 1986.
(5) Adjustment to registered provisional immigrant
status.--The Secretary may adjust the status of an alien who
has been granted blue card status to the status of a
registered provisional immigrant under section 245B of the
Immigration and Nationality Act if the Secretary determines
that the alien is unable to fulfill the agricultural service
requirement set forth in section 245F(a)(1) of such Act.
(d) Record of Employment.--
(1) In general.--Each employer of an alien granted blue
card status shall annually provide--
(A) a written record of employment to the alien; and
(B) a copy of such record to the Secretary of Agriculture.
(2) Civil penalties.--
(A) In general.--If the Secretary finds, after notice and
an opportunity for a hearing, that an employer of an alien
granted blue card status has knowingly failed to provide the
record of employment required under paragraph (1) or has
provided a false statement of material fact in such a record,
the employer shall be subject to a civil penalty in an amount
not to exceed $500 per violation.
(B) Limitation.--The penalty under subparagraph (A) for
failure to provide employment records shall not apply unless
the alien has provided the employer with evidence of
employment authorization provided under subsection (c).
(C) Deposit of civil penalties.--Civil penalties collected
under this paragraph shall be deposited in the Comprehensive
Immigration Reform Trust Fund established under section
6(a)(1).
(3) Termination of obligation.--The obligation under
paragraph (1) shall terminate on the date that is 8 years
after the date of the enactment of this Act.
(4) Employer protections.--
(A) Use of employment records.--Copies of employment
records or other evidence of employment provided by an alien
or by an alien's employer in support of an alien's
application for blue card status may not be used in a civil
or criminal prosecution or investigation of that employer
under section 274A of the Immigration and Nationality Act (8
U.S.C. 1324a) or the Internal Revenue Code of 1986 for the
prior unlawful employment of that alien regardless of the
adjudication of such application or reconsideration by the
Secretary of such alien's prima facie eligibility
determination. Employers that provide unauthorized aliens
with copies of employment records or other evidence of
employment pursuant to an application for blue card status
shall not be subject to civil and criminal liability pursuant
to such section 274A for employing such unauthorized aliens.
(B) Limit on applicability.--The protections for employers
and aliens under subparagraph (A) shall not apply if the
aliens or employers submit employment records that are deemed
to be fraudulent.
(e) Rulemaking.--Not later than 1 year after the date of
the enactment of this Act, the Secretary, in consultation
with the Secretary of Agriculture, shall issue final
regulations to implement this chapter.
SEC. 2212. ADJUSTMENT TO PERMANENT RESIDENT STATUS.
(a) In General.--Chapter 5 of title II (8 U.S.C. 1255 et
seq.) is amended by inserting after section 245E, as added by
section 2104 of this Act, the following:
``SEC. 245F. ADJUSTMENT TO PERMANENT RESIDENT STATUS FOR
AGRICULTURAL WORKERS.
``(a) In General.--Except as provided in subsection (b),
and not earlier than 5 years after the date of the enactment
of the Border Security, Economic Opportunity, and Immigration
Modernization Act, the Secretary shall adjust the status of
an alien granted blue card status to that of an alien
lawfully admitted for permanent residence if the Secretary
determines that the following requirements are satisfied:
``(1) Qualifying employment.--Except as provided in
paragraph (3), the alien--
``(A) during the 8-year period beginning on the date of the
enactment of the Border Security, Economic Opportunity, and
Immigration Modernization Act, performed not less than 100
work days of agricultural employment during each of 5 years;
or
``(B) during the 5-year period beginning on such date of
enactment, performed not less than 150 work days of
agricultural employment during each of 3 years.
``(2) Evidence.--An alien may demonstrate compliance with
the requirement under paragraph (1) by submitting--
``(A) the record of employment described in section 2211(d)
of the Border Security, Economic Opportunity, and Immigration
Modernization Act;
``(B) documentation that may be submitted under subsection
(e)(4); or
``(C) any other documentation designated by the Secretary
for such purpose.
``(3) Extraordinary circumstances.--
``(A) In general.--In determining whether an alien has met
the requirement under paragraph (1), the Secretary may credit
the alien with not more than 12 additional months of
agricultural employment in the United States to meet such
requirement if the alien was unable to work in agricultural
employment due to--
``(i) pregnancy, disabling injury, or disease that the
alien can establish through medical records;
``(ii) illness, disease, or other special needs of a child
that the alien can establish through medical records;
``(iii) severe weather conditions that prevented the alien
from engaging in agricultural employment for a significant
period of time; or
``(iv) termination from agricultural employment, if the
Secretary determines that--
``(I) the termination was without just cause; and
``(II) the alien was unable to find alternative
agricultural employment after a reasonable job search.
``(B) Effect of determination.--A determination under
subparagraph (A)(iv), with respect to an alien, shall not be
conclusive, binding, or admissible in a separate or
subsequent judicial or administrative action or proceeding
between the alien and a current
[[Page S5384]]
or prior employer of the alien or any other party.
``(4) Application period.--The alien applies for adjustment
of status before the alien's blue card status expires.
``(5) Fine.--The alien pays a fine of $400 to the
Secretary, which shall be deposited into the Comprehensive
Immigration Reform Trust Fund established under section
6(a)(1) of the Border Security, Economic Opportunity, and
Immigration Modernization Act.
``(b) Grounds for Denial of Adjustment of Status.--
``(1) In general.--The Secretary may not adjust the status
of an alien granted blue card status if the alien--
``(A) is no longer eligible for blue card status; or
``(B) failed to perform the qualifying employment
requirement under subsection (a)(1), considering any amount
credited by the Secretary under subsection (a)(3).
``(2) Maintenance of waivers of inadmissibility.--The
grounds of inadmissibility set forth in section 212(a) that
were previously waived for the alien or made inapplicable
shall not apply for purposes of the alien's adjustment of
status under this section.
``(3) Pending revocation proceedings.--If the Secretary has
notified the applicant that the Secretary intends to revoke
the applicant's blue card status, the Secretary may not
approve an application for adjustment of status under this
section unless the Secretary makes a final determination not
to revoke the applicant's status.
``(4) Payment of taxes.--
``(A) In general.--An applicant may not file an application
for adjustment of status under this section unless the
applicant has satisfied any applicable Federal tax liability.
``(B) Definition of applicable federal tax liability.--In
this paragraph, the term `applicable federal tax liability'
means all Federal income taxes assessed in accordance with
section 6203 of the Internal Revenue Code of 1986 since the
date on which the applicant was authorized to work in the
United States in blue card status.
``(C) Compliance.--The applicant may demonstrate compliance
with subparagraph (A) by submitting such documentation as the
Secretary, in consultation with the Secretary of the
Treasury, may require by regulation.
``(c) Spouses and Children.--Notwithstanding any other
provision of law, the Secretary shall grant permanent
resident status to the spouse or child of an alien whose
status was adjusted under subsection (a) if--
``(1) the spouse or child (including any individual who was
a child on the date such alien was granted blue card status)
applies for such status;
``(2) the principal alien includes the spouse and children
in an application for adjustment of status to that of a
lawful permanent resident; and
``(3) the spouse or child is not ineligible for such status
under section 245B.
``(d) Numerical Limitations Do Not Apply.--The numerical
limitations under sections 201 and 202 shall not apply to the
adjustment of aliens to lawful permanent resident status
under this section.
``(e) Submission of Applications.--
``(1) Interview.--The Secretary may interview applicants
for adjustment of status under this section to determine
whether they meet the eligibility requirements set forth in
this section.
``(2) Fees.--
``(A) In general.--Applicants for adjustment of status
under this section shall pay a processing fee to the
Secretary in an amount that will ensure the recovery of the
full costs of adjudicating such applications, including--
``(i) the cost of taking and processing biometrics;
``(ii) expenses relating to prevention and investigation of
fraud; and
``(iii) costs relating to the administration of the fees
collected.
``(B) Authority to limit fees.--The Secretary, by
regulation--
``(i) may limit the maximum processing fee payable under
this paragraph by a family, including spouses and unmarried
children younger than 21 years of age; and
``(ii) may exempt individuals described in section
245B(c)(10) and other defined classes of individuals from the
payment of the fee under subparagraph (A).
``(3) Disposition of fees.--All fees collected under
paragraph (2)(A)--
``(A) shall be deposited into the Immigration Examinations
Fee Account pursuant to section 286(m); and
``(B) shall remain available until expended pursuant to
section 286(n).
``(4) Documentation of work history.--
``(A) Burden of proof.--An alien applying for blue card
status under section 2211 of the Border Security, Economic
Opportunity, and Immigration Modernization Act or for
adjustment of status under subsection (a) shall provide
evidence that the alien has worked the requisite number of
hours or days required under subsection (a)(1) of such
section 2211 or subsection (a)(3) of this section, as
applicable.
``(B) Timely production of records.--If an employer or farm
labor contractor employing such an alien has kept proper and
adequate records respecting such employment, the alien's
burden of proof under subparagraph (A) may be met by securing
timely production of those records under regulations to be
promulgated by the Secretary.
``(C) Sufficient evidence.--An alien may meet the burden of
proof under subparagraph (A) to establish that the alien has
performed the days or hours of work referred to in
subparagraph (A) by producing sufficient evidence to show the
extent of that employment as a matter of just and reasonable
inference.
``(f) Penalties for False Statements in Applications.--
``(1) Criminal penalty.--Any person who--
``(A) files an application for blue card status under
section 2211 of the Border Security, Economic Opportunity,
and Immigration Modernization Act or an adjustment of status
under this section and knowingly and willfully falsifies,
conceals, or covers up a material fact or makes any false,
fictitious, or fraudulent statements or representations, or
makes or uses any false writing or document knowing the same
to contain any false, fictitious, or fraudulent statement or
entry; or
``(B) creates or supplies a false writing or document for
use in making such an application,
shall be fined in accordance with title 18, United States
Code, imprisoned not more than 5 years, or both.
``(2) Inadmissibility.--An alien who is convicted of a
crime under paragraph (1) shall be deemed inadmissible to the
United States on the ground described in section
212(a)(6)(C)(i).
``(3) Deposit.--Fines collected under paragraph (1) shall
be deposited into the Comprehensive Immigration Reform Trust
Fund established under section 6(a)(1) of the Border
Security, Economic Opportunity, and Immigration Modernization
Act.
``(g) Eligibility for Legal Services.--Section 504(a)(11)
of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1996
(Public Law 104-134; 110 Stat. 1321-55) may not be construed
to prevent a recipient of funds under the Legal Services
Corporation Act (42 U.S.C. 2996 et seq.) from providing legal
assistance directly related to an application for blue card
status under section 2211 of the Border Security, Economic
Opportunity, and Immigration Modernization Act, to an
individual who has been granted blue card status, or for an
application for an adjustment of status under this section.
``(h) Administrative and Judicial Review.--Aliens applying
for blue card status under section 2211 of the Border
Security, Economic Opportunity, and Immigration Modernization
Act or adjustment to permanent resident status under this
section shall be entitled to the rights and subject to the
conditions applicable to other classes of aliens under
sections 242(h) and 245E.
``(i) Applicability of Other Provisions.--The provisions
set forth in section 245E which are applicable to aliens
described in section 245B, 245C, and 245D shall apply to
aliens applying for blue card status under section 2211 of
the Border Security, Economic Opportunity, and Immigration
Modernization Act or adjustment to permanent resident status
under this section.
``(j) Limitation on Blue Card Status.--An alien granted
blue card status under section 2211 of the Border Security,
Economic Opportunity, and Immigration Modernization Act may
only adjust status to an alien lawfully admitted for
permanent residence under this section, section 245C of this
Act, or section 2302 of the Border Security, Economic
Opportunity, and Immigration Modernization Act.
``(k) Definitions.--In this section:
``(1) Blue card status.--The term `blue card status' means
the status of an alien who has been lawfully admitted into
the United States for temporary residence under section 2211
of the Border Security, Economic Opportunity, and Immigration
Modernization Act.
``(2) Agricultural employment.--The term `agricultural
employment' has the meaning given such term in section 3 of
the Migrant and Seasonal Agricultural Worker Protection Act
(29 U.S.C. 1802), without regard to whether the specific
service or activity is temporary or seasonal.
``(3) Employer.--The term `employer' means any person or
entity, including any farm labor contractor and any
agricultural association, that employs workers in
agricultural employment.
``(4) Work day.--The term `work day' means any day in which
the individual is employed 5.75 or more hours in agricultural
employment.''.
(b) Conforming Amendment.--Section 201(b)(1) (8 U.S.C.
1151(b)(1)), as amended by section 2103(c), is further
amended by adding at the end the following:
``(G) Aliens granted lawful permanent resident status under
section 245F.''.
(c) Clerical Amendment.--The table of contents, as amended
by section 2104(e), is further amended by inserting after the
item relating to section 245E the following:
``Sec. 245F. Adjustment to permanent resident status for agricultural
workers.''.
SEC. 2213. USE OF INFORMATION.
Beginning not later than the first day of the application
period described in section 2211(b)(3), the Secretary, in
cooperation with qualified designated entities, shall broadly
disseminate information respecting the benefits that aliens
may receive under this subchapter and the requirements that
an alien is required to meet to receive such benefits.
SEC. 2214. REPORTS ON BLUE CARDS.
Not later than September 30, 2013, and annually thereafter
for the next 8 years, the Secretary shall submit a report to
Congress that identifies, for the previous fiscal year--
[[Page S5385]]
(1) the number of aliens who applied for blue card status;
(2) the number of aliens who were granted blue card status;
(3) the number of aliens who applied for an adjustment of
status pursuant to section 245F(a) of the Immigration and
Nationality Act, as added by section 2212; and
(4) the number of aliens who received an adjustment of
status pursuant such section 245F(a).
SEC. 2215. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary
such sums as may be necessary to implement this subchapter,
including any sums needed for costs associated with the
initiation of such implementation, for fiscal years 2013 and
2014.
Subchapter B--Correction of Social Security Records
SEC. 2221. CORRECTION OF SOCIAL SECURITY RECORDS.
(a) In General.--Section 208(e)(1) of the Social Security
Act (42 U.S.C. 408(e)(1)) is amended--
(1) in subparagraph (B)(ii), by striking ``or'' at the end;
(2) in subparagraph (C), by inserting ``or'' at the end;
(3) by inserting after subparagraph (C) the following:
``(D) who is granted blue card status under the
Agricultural Worker Program Act of 2013,''; and
(4) by striking ``1990.'' and inserting ``1990, or in the
case of an alien described in subparagraph (D), if such
conduct is alleged to have occurred before the date on which
the alien was granted blue card status under section 2211(a)
of the Agricultural Worker Program Act of 2013.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the first day of the seventh month that
begins after the date of the enactment of this Act.
CHAPTER 2--NONIMMIGRANT AGRICULTURAL VISA PROGRAM
SEC. 2231. NONIMMIGRANT CLASSIFICATION FOR NONIMMIGRANT
AGRICULTURAL WORKERS.
Section 101(a)(15) (8 U.S.C. 1101(a)(15)) is amended by
adding at the end the following:
``(W) an alien having a residence in a foreign country who
is coming to the United States for a temporary period--
``(iii)(I) to perform services or labor in agricultural
employment and who has a written contract that specifies the
wages, benefits, and working conditions of such full-time
employment in an agricultural occupation with a designated
agricultural employer for a specified period of time; and
``(II) who meets the requirements under section 218A for a
nonimmigrant visa described in this clause; or
``(iv)(I) to perform services or labor in agricultural
employment and who has an offer of full-time employment in an
agricultural occupation from a designated agricultural
employer for such employment and is not described in clause
(i); and
``(II) who meets the requirements under section 218A for a
nonimmigrant visa described in this clause.''.
SEC. 2232. ESTABLISHMENT OF NONIMMIGRANT AGRICULTURAL WORKER
PROGRAM.
(a) In General.--Chapter 2 of title II (8 U.S.C. 1181 et
seq.) is amended by inserting after section 218 the
following:
``SEC. 218A. NONIMMIGRANT AGRICULTURAL WORKER PROGRAM.
``(a) Definitions.--In this section and in clauses (iii)
and (iv) of section 101(a)(15)(W):
``(1) Agricultural employment.--The term `agricultural
employment' has the meaning given such term in section 3 of
the Migrant and Seasonal Agricultural Worker Protection Act
(29 U.S.C. 1802), without regard to whether the specific
service or activity is temporary or seasonal.
``(2) At-will agricultural worker.--The term `at-will
agricultural worker' means an alien present in the United
States pursuant to section 101(a)(15)(W)(iv).
``(3) Blue card.--The term `blue card' means an employment
authorization and travel document issued to an alien granted
blue card status under section 2211(a) of the Agricultural
Worker Program Act of 2013.
``(4) Contract agricultural worker.--The term `contract
agricultural worker' means an alien present in the United
States pursuant to section 101(a)(15)(W)(iii).
``(5) Designated agricultural employer.--The term
`designated agricultural employer' means an employer who is
registered with the Secretary of Agriculture pursuant to
subsection (e)(1).
``(6) Electronic job registry.--The term `Electronic Job
Registry' means the Electronic Job Registry of a State
workforce agency (or similar successor registry).
``(7) Employer.--Except as otherwise provided, the term
`employer' means any person or entity, including any farm
labor contractor and any agricultural association, that
employs workers in agricultural employment.
``(8) Nonimmigrant agricultural worker.--The term
`nonimmigrant agricultural worker' mean a nonimmigrant
described in clause (iii) or (iv) of section 101(a)(15)(W).
``(9) Program.--The term `Program' means the Nonimmigrant
Agricultural Worker Program established under subsection (b).
``(10) Secretary.--Except as otherwise specifically
provided, the term `Secretary' means the Secretary of
Agriculture.
``(11) United states worker.--The term `United States
worker' means an individual who--
``(A) is a national of the United States; or
``(B) is an alien who--
``(i) is lawfully admitted for permanent residence;
``(ii) is admitted as a refugee under section 207;
``(iii) is granted asylum under section 208;
``(iv) holds a blue card; or
``(v) is an immigrant otherwise authorized by this Act or
by the Secretary of Homeland Security to be employed in the
United States.
``(b) Requirements.--
``(1) Employer.--An employer may not employ an alien for
agricultural employment under the Program unless such
employer is a designated agricultural employer and complies
with the terms of this section.
``(2) Worker.--An alien may not be employed for
agricultural employment under the Program unless such alien
is a nonimmigrant agricultural worker and complies with the
terms of this section.
``(c) Numerical Limitation.--
``(1) First 5 years of program.--
``(A) In general.--Subject to paragraph (2), the worldwide
level of visas for nonimmigrant agricultural workers for the
fiscal year during which the first visa is issued to a
nonimmigrant agricultural worker and for each of the
following 4 fiscal years shall be equal to--
``(i) 112,333; and
``(ii) the numerical adjustment made by the Secretary for
such fiscal year in accordance with paragraph (2).
``(B) Quarterly allocation.--The annual allocation of visas
described in subparagraph (A) shall be evenly allocated
between the 4 quarters of the fiscal year unless the
Secretary determines that an alternative allocation would
better accommodate the seasonal demand for visas. Any unused
visas in a quarter shall be added to the allocation for the
subsequent quarter of the same fiscal year.
``(C) Effect of 2nd or subsequent designated agricultural
employer.--A nonimmigrant agricultural worker who has a valid
visa issued under this section that counted against the
allocation described in subparagraph (A) shall not be
recounted against the allocation if the worker is petitioned
for by a subsequent designated agricultural employer.
``(2) Annual adjustments for first 5 years of program.--
``(A) In general.--The Secretary, in consultation with the
Secretary of Labor, and after reviewing relevant evidence
submitted by agricultural producers and organizations
representing agricultural workers, may increase or decrease,
as appropriate, the worldwide level of visas under paragraph
(1) for each of the 5 fiscal years referred to in paragraph
(1) after considering appropriate factors, including--
``(i) a demonstrated shortage of agricultural workers;
``(ii) the level of unemployment and underemployment of
agricultural workers during the preceding fiscal year;
``(iii) the number of applications for blue card status;
``(iv) the number of blue card visa applications approved;
``(v) the number of nonimmigrant agricultural workers
sought by employers during the preceding fiscal year;
``(vi) the estimated number of United States workers,
including blue card workers, who worked in agriculture during
the preceding fiscal year;
``(vii) the number of nonimmigrant agricultural workers
issued a visa in the most recent fiscal year who remain in
the United States in compliance with the terms of such visa;
``(viii) the number of United States workers who accepted
jobs offered by employers using the Electronic Job Registry
during the preceding fiscal year;
``(ix) any growth or contraction of the United States
agricultural industry that has increased or decreased the
demand for agricultural workers; and
``(x) any changes in the real wages paid to agricultural
workers in the United States as an indication of a shortage
or surplus of agricultural labor.
``(B) Notification; implementation.--The Secretary shall
notify the Secretary of Homeland Security of any change to
the worldwide level of visas for nonimmigrant agricultural
workers. The Secretary of Homeland Security shall implement
such changes.
``(C) Emergency procedures.--The Secretary shall establish,
by regulation, procedures for immediately adjusting an annual
allocation under paragraph (1) for labor shortages, as
determined by the Secretary. The Secretary shall make a
decision on a petition for an adjustment of status not later
than 30 days after receiving such petition.
``(3) Sixth and subsequent years of program.--The
Secretary, in consultation with the Secretary of Labor, shall
establish the worldwide level of visas for nonimmigrant
agricultural workers for each fiscal year following the
fiscal years referred to in paragraph (1) after considering
appropriate factors, including--
``(A) a demonstrated shortage of agricultural workers;
``(B) the level of unemployment and underemployment of
agricultural workers during the preceding fiscal year;
``(C) the number of applications for blue card status;
[[Page S5386]]
``(D) the number of blue card visa applications approved;
``(E) the number of nonimmigrant agricultural workers
sought by employers during the preceding fiscal year;
``(F) the estimated number of United States workers,
including blue card workers, who worked in agriculture during
the preceding fiscal year;
``(G) the number of nonimmigrant agricultural workers
issued a visa in the most recent fiscal year who remain in
the United States in compliance with the terms of such visa;
``(H) the number of United States workers who accepted jobs
offered by employers using the Electronic Job Registry during
the preceding fiscal year;
``(I) any growth or contraction of the United States
agricultural industry that has increased or decreased the
demand for agricultural workers; and
``(J) any changes in the real wages paid to agricultural
workers in the United States as an indication of a shortage
or surplus of agricultural labor.
``(4) Emergency procedures.--The Secretary shall establish,
by regulation, procedures for immediately adjusting an annual
allocation under paragraph (3) for labor shortages, as
determined by the Secretary. The Secretary shall make a
decision on a petition for an adjustment of status not later
than 30 days after receiving such petition.
``(d) Requirements for Nonimmigrant Agricultural Workers.--
``(1) Eligibility for nonimmigrant agricultural worker
status.--
``(A) In general.--An alien is not eligible to be admitted
to the United States as a nonimmigrant agricultural worker if
the alien--
``(i) violated a material term or condition of a previous
admission as a nonimmigrant agricultural worker during the
most recent 3-year period (other than a contract agricultural
worker who voluntarily abandons his or her employment before
the end of the contract period or whose employment is
terminated by the employer for cause);
``(ii) has not obtained successful clearance of any
security and criminal background checks required by the
Secretary of Homeland Security or any other examination
required under this Act; or
``(iii)(I) departed from the United States while subject to
an order of exclusion, deportation, or removal, or pursuant
to an order of voluntary departure; and
``(II)(aa) is outside of the United States; or
``(bb) has reentered the United States illegally after
December 31, 2012, without receiving consent to the alien's
reapplication for admission under section 212(a)(9).
``(B) Waiver.--The Secretary of Homeland Security may waive
the application of subparagraph (A)(iii) on behalf of an
alien if the alien--
``(i) is the spouse or child of a United States citizen or
lawful permanent resident;
``(ii) is the parent of a child who is a United States
citizen or lawful permanent resident;
``(iii) meets the requirements set forth in clause (ii) or
(iii) of section 245D(b)(1)(A); or
``(iv)(I) meets the requirements set forth in section
245D(b)(1)(A)(ii);
``(II) is 16 years or older on the date on which the alien
applies for nonimmigrant agricultural status; and
``(III) was physically present in the United States for an
aggregate period of not less than 3 years during the 6-year
period immediately preceding the date of the enactment of
this section.
``(2) Term of stay for nonimmigrant agricultural workers.--
``(A) In general.--
``(i) Initial admission.--A nonimmigrant agricultural
worker may be admitted into the United States in such status
for an initial period of 3 years.
``(ii) Renewal.--A nonimmigrant agricultural worker may
renew such worker's period of admission in the United States
for 1 additional 3-year period.
``(B) Break in presence.--A nonimmigrant agricultural
worker who has been admitted to the United States for 2
consecutive periods under subparagraph (A) is ineligible to
renew the alien's nonimmigrant agricultural worker status
until such alien--
``(i) returns to a residence outside the United States for
a period of not less than 3 months; and
``(ii) seeks to reenter the United States under the terms
of the Program as a nonimmigrant agricultural worker.
``(3) Loss of status.--
``(A) In general.--An alien admitted as a nonimmigrant
agricultural worker shall be ineligible for such status and
shall be required to depart the United States if such alien--
``(i) after the completion of his or her contract with a
designated agricultural employer, is not employed in
agricultural employment by a designated agricultural
employer; or
``(ii) is an at-will agricultural worker and is not
continuously employed by a designated agricultural employer
in agricultural employment as an at-will agricultural worker.
``(B) Exception.--Subject to subparagraph (C), a
nonimmigrant agricultural worker has not violated
subparagraph (A) if the nonimmigrant agricultural worker is
not employed in agricultural employment for a period not to
exceed 60 days.
``(C) Waiver.--Notwithstanding subparagraph (B), the
Secretary of Homeland Security may waive the application of
clause (i) or (ii) of subparagraph (A) for a nonimmigrant
agricultural worker who was not employed in agricultural
employment for a period of more than 60 days if such period
of unemployment was due to--
``(i) the injury of such worker; or
``(ii) a natural disaster declared by the Secretary.
``(D) Tolling of employment requirement.--A nonimmigrant
agricultural worker may leave the United States for up to 60
days in any fiscal year while in such status. During the
period in which the worker is outside of the United States,
the 60-day limit specified in subparagraph (B) shall be
tolled.
``(4) Portability of status.--
``(A) Contract agricultural workers.--
``(i) In general.--Except as provided in clause (ii), an
alien who entered the United States as a contract
agricultural worker may--
``(I) seek employment as a nonimmigrant agricultural worker
with a designated agricultural employer other than the
designated agricultural employer with whom the employee had a
contract described in section 101(a)(15)(W)(iii)(I); and
``(II) accept employment with such new employer after the
date the contract agricultural worker completes such
contract.
``(ii) Voluntary abandonment; termination for cause.--A
contract agricultural worker who voluntarily abandons his or
her employment before the end of the contract period or whose
employment is terminated for cause by the employer--
``(I) may not accept subsequent employment with another
designated agricultural employer without first departing the
United States and reentering pursuant to a new offer of
employment; and
``(II) is not entitled to the 75 percent payment guarantee
described in subsection (e)(4)(B).
``(iii) Termination by mutual agreement.--The termination
of an employment contract by mutual agreement of the
designated agricultural employer and the contract
agricultural worker shall not be considered voluntary
abandonment for purposes of clause (ii).
``(B) At-will agricultural workers.--An alien who entered
the United States as an at-will agricultural worker may seek
employment as an at-will agricultural worker with any other
designated agricultural employer referred to in section
101(a)(15)(W)(iv)(I).
``(5) Prohibition on geographic limitation.--A nonimmigrant
visa issued to a nonimmigrant agricultural worker--
``(A) shall not limit the geographical area within which
such worker may be employed;
``(B) shall not limit the type of agricultural employment
such worker may perform; and
``(C) shall restrict such worker to employment with
designated agricultural employers.
``(6) Treatment of spouses and children.--A spouse or child
of a nonimmigrant agricultural worker--
``(A) shall not be entitled to a visa or any immigration
status by virtue of the relationship of such spouse or child
to such worker; and
``(B) may be provided status as a nonimmigrant agricultural
worker if the spouse or child is independently qualified for
such status.
``(e) Employer Requirements.--
``(1) Designated agricultural employer status.--
``(A) Registration requirement.--Each employer seeking to
employ nonimmigrant agricultural workers shall register for
designated agricultural employer status by submitting to the
Secretary, through the Farm Service Agency in the geographic
area of the employer or electronically to the Secretary, a
registration that includes--
``(i) the employer's employer identification number; and
``(ii) a registration fee, in an amount determined by the
Secretary, which shall be used for the costs of administering
the program.
``(B) Criteria.--The Secretary shall grant designated
agricultural employer status to an employer who submits a
registration for such status that includes--
``(i) documentation that the employer is engaged in
agriculture;
``(ii) the estimated number of nonimmigrant agricultural
workers the employer will need each year;
``(iii) the anticipated periods during which the employer
will need such workers; and
``(iv) documentation establishing need for a specified
agricultural occupation or occupations.
``(C) Designation.--
``(i) Registration number.--The Secretary shall assign each
employer that meets the criteria established pursuant to
subparagraph (B) with a designated agricultural employer
registration number.
``(ii) Term of designation.--Each employer granted
designated agricultural employer status under this paragraph
shall retain such status for a term of 3 years. At the end of
such 3-year term, the employer may renew the registration for
another 3-year term if the employer meets the requirements
set forth in subparagraphs (A) and (B).
``(D) Assistance.--In carrying out the functions described
in this subsection, the Secretary may work through the Farm
Service Agency, or any other agency in the Department of
Agriculture--
[[Page S5387]]
``(i) to assist agricultural employers with the
registration process under this paragraph by providing such
employers with--
``(I) technical assistance and expertise;
``(II) internet access for submitting such applications;
and
``(III) a nonelectronic means for submitting such
registrations; and
``(ii) to provide resources about the Program, including
best practices and compliance related assistance and
resources or training to assist in retention of such workers
to agricultural employers.
``(E) Deposit of registration fee.--Fees collected pursuant
to subparagraph (A)(ii)--
``(i) shall be deposited into the Immigration Examinations
Fee Account pursuant to section 286(m); and
``(ii) shall remain available until expended pursuant to
section 286(n).
``(2) Nonimmigrant agricultural worker petition process.--
``(A) In general.--Not later than 45 days before the date
on which nonimmigrant agricultural workers are needed, a
designated agricultural employer seeking to employ such
workers shall submit a petition to the Secretary of Homeland
Security that includes the employer's designated agricultural
employer registration number.
``(B) Attestation.--An petition submitted under
subparagraph (A) shall include an attestation of the
following:
``(i) The number of named or unnamed nonimmigrant
agricultural workers the designated agricultural employer is
seeking to employ during the applicable period of employment.
``(ii) The total number of contract agricultural workers
and of at-will agricultural workers the employer will require
for each occupational category.
``(iii) The anticipated period, including expected
beginning and ending dates, during which such employees will
be needed.
``(iv) Evidence of contracts or written disclosures of
employment terms and conditions in accordance with the
Migrant and Seasonal Agricultural Worker Protection Act (29
U.S.C. 1801 et seq.), which have been disclosed or provided
to the nonimmigrant agricultural workers, or a sample of such
contract or disclosure for unnamed workers.
``(v) The information submitted to the State workforce
agency pursuant to paragraph (3)(A)(i).
``(vi) The record of United States workers described in
paragraph (3)(A)(iii) on the date of the request.
``(vii) Evidence of offers of employment made to United
States workers as required under paragraph (3)(B).
``(viii) The employer will comply with the additional
program requirements for designated agricultural employers
described in paragraph (4).
``(C) Employment authorization when changing employers.--
Nonimmigrant agricultural workers in the United States who
are identified in a petition submitted pursuant to
subparagraph (A) and are in lawful status may commence
employment with their designated agricultural employer after
such employer has submitted such petition to the Secretary of
Homeland Security.
``(D) Review.--The Secretary of Homeland Security shall
review each petition submitted by designated agricultural
employers under this paragraph for completeness or obvious
inaccuracies. Unless the Secretary of Homeland Security
determines that the petition is incomplete or obviously
inaccurate, the Secretary shall accept the petition. The
Secretary shall establish a procedure for the processing of
petitions filed under this subsection. Not later than 7
working days after the date of the filing, the Secretary, by
electronic or other means assuring expedited delivery, shall
submit a copy of notice of approval or denial of the petition
to the petitioner and, in the case of approved petitions, to
the appropriate immigration officer at the port of entry or
United States consulate, as appropriate, if the petitioner
has indicated that the alien beneficiary or beneficiaries
will apply for a visa or admission to the United States.
``(3) Employment of united states workers.--
``(A) Recruitment.--
``(i) Filing a job opportunity with local office of state
workforce agency.--Not later than 60 days before the date on
which the employer desires to employ a nonimmigrant
agricultural worker, the employer shall submit the job
opportunity for such worker to the local office of the State
workforce agency where the job site is located and authorize
the posting of the job opportunity on the appropriate
Department of Labor Electronic Job Registry for a period of
45 days.
``(ii) Construction.--Nothing in clause (i) may be
construed to cause a posting referred to in clause (i) to be
treated as an interstate job order under section 653.500 of
title 20, Code of Federal Regulations (or similar successor
regulation).
``(iii) Record of united states workers.--An employer shall
keep a record of all eligible, able, willing, and qualified
United States workers who apply for agricultural employment
with the employer for the agricultural employment for which
the nonimmigrant agricultural nonimmigrant workers are
sought.
``(B) Requirement to hire.--
``(i) United states workers.--An employer may not seek a
nonimmigrant agricultural worker for agricultural employment
unless the employer offers such employment to any equally or
better qualified United States worker who will be available
at the time and place of need and who applies for such
employment during the 45-day recruitment period referred to
in subparagraph (A)(i).
``(ii) Exception.--Notwithstanding clause (i), the employer
may offer the job to a nonimmigrant agricultural worker
instead of an alien in blue card status if--
``(I) such worker was previously employed by the employer
as an H-2A worker;
``(II) such worker worked for the employer for 3 years
during the most recent 4-year period; and
``(III) the employer pays such worker the adverse effect
wage rate calculated under subsection (f)(5)(B).
``(4) Additional program requirements for designated
agricultural employers.--Each designated agricultural
employer shall comply with the following requirements:
``(A) No displacement of united states workers.--
``(i) In general.--The employer shall not displace a United
States worker employed by the employer, other than for good
cause, during the period of employment of the nonimmigrant
agricultural worker and for a period of 30 days preceding
such period in the occupation and at the location of
employment for which the employer seeks to employ
nonimmigrant agricultural workers.
``(ii) Labor dispute.--The employer shall not employ a
nonimmigrant agricultural worker for a specific job for which
the employer is requesting a nonimmigrant agricultural worker
because the former occupant of the job is on strike or being
locked out in the course of a labor dispute.
``(B) Guarantee of employment for contract agricultural
workers.--
``(i) Offer to contract worker.--The employer shall
guarantee to offer contract agricultural workers employment
for the hourly equivalent of at least 75 percent of the work
days of the total period of employment, beginning with the
first work day after the arrival of the worker at the place
of employment and ending on the expiration date specified in
the job offer. In this clause, the term `hourly equivalent'
means the number of hours in the work days as stated in the
job offer and shall exclude the worker's Sabbath and Federal
holidays. If the employer affords the contract agricultural
worker less employment than the number of hours required
under this subparagraph, the employer shall pay such worker
the amount the worker would have earned had the worker worked
the guaranteed number of hours.
``(ii) Failure to work.--Any hours which the worker fails
to work, up to a maximum of the number of hours specified in
the job offer for a work day, when the worker has been
offered an opportunity to do so, and all hours of work
actually performed (including voluntary work in excess of the
number of hours specified in the job offer in a work day, on
the worker's Sabbath, or on Federal holidays) may be counted
by the employer in calculating whether the period of
guaranteed employment has been met.
``(iii) Contract impossibility.--If, before the expiration
of the period of employment specified in the job offer, the
services of a contract agricultural worker are no longer
required for reasons beyond the control of the employer due
to any form of natural disaster, including a flood,
hurricane, freeze, earthquake, fire, drought, plant or animal
disease or pest infestation, or regulatory drought, before
the guarantee in clause (i) is fulfilled, the employer--
``(I) may terminate the worker's employment;
``(II) shall fulfill the employment guarantee described in
clause (i) for the work days that have elapsed from the first
work day after the arrival of the worker to the termination
of employment;
``(III) shall make efforts to transfer the worker to other
comparable employment acceptable to the worker; and
``(IV) if such a transfer does not take place, shall
provide the return transportation required under subparagraph
(J).
``(C) Workers' compensation.--
``(i) Requirement to provide.--If a job referred to in
paragraph (3) is not covered by the State workers'
compensation law, the employer shall provide, at no cost to
the nonimmigrant agricultural worker, insurance covering
injury and disease arising out of, and in the course of, such
job.
``(ii) Benefits.--The insurance required to be provided
under clause (i) shall provide benefits at least equal to
those provided under and pursuant to the State workers'
compensation law for comparable employment.
``(D) Prohibition for use for nonagricultural services.--
The employer may not employ a nonimmigrant agricultural
worker for employment other than agricultural employment.
``(E) Wages.--The employer shall pay not less than the wage
required under subsection (f).
``(F) Deduction of wages.--The employer shall make only
deductions from a nonimmigrant agricultural worker's wages
that are authorized by law and are reasonable and customary
in the occupation and area of employment of such worker.
``(G) Requirement to provide housing or a housing
allowance.--
``(i) In general.--Except as provided in clauses (iv) and
(v), a designated agricultural employer shall offer to
provide a nonimmigrant agricultural worker with housing at no
cost in accordance with clause (ii) or (iii).
[[Page S5388]]
``(ii) Housing.--An employer may provide housing to a
nonimmigrant agricultural worker that meets--
``(I) applicable Federal standards for temporary labor
camps; or
``(II) applicable local standards (or, in the absence of
applicable local standards, State standards) for rental or
public accommodation housing or other substantially similar
class of habitation.
``(iii) Housing payments.--
``(I) Public housing.--If the employer arranges public
housing for nonimmigrant agricultural workers through a
State, county, or local government program and such public
housing units normally require payments from tenants, such
payments shall be made by the employer directly to the
landlord.
``(II) Deposits.--Deposits for bedding or other similar
incidentals related to housing shall not be collected from
workers by employers who provide housing for such workers.
``(III) Damages.--The employer may require any worker who
is responsible for damage to housing that did not result from
normal wear and tear related to habitation to reimburse the
employer for the reasonable cost of repairing such damage.
``(iv) Housing allowance alternative.--
``(I) In general.--The employer may provide a reasonable
housing allowance instead of providing housing under clause
(i). Upon the request of a worker seeking assistance in
locating housing, the employer shall make a good faith effort
to assist the worker in identifying and locating housing in
the area of intended employment. An employer who offers a
housing allowance to a worker or assists a worker in locating
housing, which the worker occupies, shall not be deemed a
housing provider under section 203 of the Migrant and
Seasonal Agricultural Worker Protection Act (29 U.S.C. 1823)
solely by virtue of providing such housing allowance. No
housing allowance may be used for housing that is owned or
controlled by the employer.
``(II) Certification requirement.--Contract agricultural
workers may only be provided a housing allowance if the
Governor of the State in which the place of employment is
located certifies to the Secretary that there is adequate
housing available in the area of intended employment for
migrant farm workers and contract agricultural workers who
are seeking temporary housing while employed in agricultural
work. Such certification shall expire after 3 years unless
renewed by the Governor of the State.
``(III) Amount of allowance.--
``(aa) Nonmetropolitan counties.--If the place of
employment of the workers provided an allowance under this
clause is a nonmetropolitan county, the amount of the housing
allowance under this clause shall be equal to the average
fair market rental for existing housing in nonmetropolitan
counties in the State in which the place of employment is
located, as established by the Secretary of Housing and Urban
Development pursuant to section 8(c) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(c)), based on a 2-
bedroom dwelling unit and an assumption of 2 persons per
bedroom.
``(bb) Metropolitan counties.--If the place of employment
of the workers provided an allowance under this clause is a
metropolitan county, the amount of the housing allowance
under this clause shall be equal to the average fair market
rental for existing housing in metropolitan counties in the
State in which the place of employment is located, as
established by the Secretary of Housing and Urban Development
pursuant to section 8(c) of the United States Housing Act of
1937 (42 U.S.C. 1437f(c)), based on a 2-bedroom dwelling unit
and an assumption of 2 persons per bedroom.
``(v) Exception for commuting workers.--Nothing in this
subparagraph may be construed to require an employer to
provide housing or a housing allowance to workers who reside
outside of the United States if their place of residence is
within normal commuting distance and the job site is within
50 miles of an international land border of the United
States.
``(H) Worksite transportation for contract workers.--During
the period a designated agricultural employer employs a
contract agricultural worker, such employer shall, at the
employer's option, provide or reimburse the contract
agricultural worker for the cost of daily transportation from
the contract worker's living quarters to the contract
agricultural worker's place of employment.
``(I) Reimbursement of transportation to the place of
employment.--
``(i) In general.--A nonimmigrant agricultural worker shall
be reimbursed by the first employer for the cost of the
worker's transportation and subsistence from the place from
which the worker came from to the place of first employment.
``(ii) Limitation.--The amount of reimbursement provided
under clause (i) to a worker shall not exceed the lesser of--
``(I) the actual cost to the worker of the transportation
and subsistence involved; or
``(II) the most economical and reasonable common carrier
transportation charges and subsistence costs for the distance
involved.
``(J) Reimbursement of transportation from place of
employment.--
``(i) In general.--A contract agricultural worker who
completes at least 27 months under his or her contract with
the same designated agricultural employer shall be reimbursed
by that employer for the cost of the worker's transportation
and subsistence from the place of employment to the place
from which the worker came from abroad to work for the
employer.
``(ii) Limitation.--The amount of reimbursement required
under clause (i) shall not exceed the lesser of--
``(I) the actual cost to the worker of the transportation
and subsistence involved; or
``(II) the most economical and reasonable common carrier
transportation charges and subsistence costs for the distance
involved.
``(f) Wages.--
``(1) Wage rate requirement.--
``(A) In general.--A nonimmigrant agricultural worker
employed by a designated agricultural employer shall be paid
not less than the wage rate for such employment set forth in
paragraph (3).
``(B) Workers paid on a piece rate or other incentive
basis.--If an employer pays by the piece rate or other
incentive method and requires 1 or more minimum productivity
standards as a condition of job retention, such standards
shall be specified in the job offer and be no more than those
which have been normally required (at the time of the
employee's first application for designated employer status)
by other employers for the activity in the geographic area of
the job, unless the Secretary approves a higher standard.
``(2) Job categories.--
``(A) In general.--For purposes of paragraph (1), each
nonimmigrant agricultural worker employed by such employer
shall be assigned to 1 of the following standard occupational
classifications, as defined by the Bureau of Labor
Statistics:
``(i) First-Line Supervisors of Farming, Fishing, and
Forestry Workers (45-1011).
``(ii) Animal Breeders (45-2021).
``(iii) Graders and Sorters, Agricultural Products (45-
2041).
``(iv) Agricultural equipment operator (45-2091).
``(v) Farmworkers and Laborers, Crop, Nursery, and
Greenhouse (45-2092).
``(vi) Farmworkers, Farm, Ranch and Aquacultural Animals
(45-2093).
``(B) Determination of classification.--A nonimmigrant
agricultural worker is employed in a standard occupational
classification described in clause (i), (ii), (iii), (iv),
(v), or (vi) of subparagraph (A) if the worker performs
activities associated with that occupational classification,
as specified on the employer's petition, for at least 75
percent of the time in a semiannual employment period.
``(3) Determination of wage rate.--
``(A) Calendar years 2014 through 2016.--The wage rate
under this subparagraph for calendar years 2014 through 2016
shall be the higher of--
``(i) the applicable Federal, State, or local minimum wage;
or
``(ii)(I) for the category described in paragraph
(2)(A)(iii)--
``(aa) $9.37 for calendar year 2014;
``(bb) $9.60 for calendar year 2015; and
``(cc) $9.84 for calendar year 2016;
``(II) for the category described in paragraph (2)(A)(iv)--
``(aa) $11.30 for calendar year 2014;
``(bb) $11.58 for calendar year 2015; and
``(cc) $11.87 for calendar year 2016;
``(III) for the category described in paragraph (2)(A)(v)--
``(aa) $9.17 for calendar year 2014;
``(bb) $9.40 for calendar year 2015; and
``(cc) $9.64 for calendar year 2016; and
``(IV) for the category described in paragraph (2)(A)(vi)--
``(aa) $10.82 for calendar year 2014;
``(bb) $11.09 for calendar year 2015; and
``(cc) $11.37 for calendar year 2016.
``(B) Subsequent years.--The Secretary shall increase the
hourly wage rates set forth in clauses (i) through (iv) of
subparagraph (A), for each calendar year after the calendar
years described in subparagraph (A) by an amount equal to--
``(i) 1.5 percent, if the percentage increase in the
Employment Cost Index for wages and salaries during the
previous calendar year, as calculated by the Bureau of Labor
Statistics, is less than 1.5 percent;
``(ii) the percentage increase in such Employment Cost
Index, if such percentage increase is between 1.5 percent and
2.5 percent, inclusive; or
``(iii) 2.5 percent, if such percentage increase is greater
than 2.5 percent.
``(C) Agricultural supervisors and animal breeders.--Not
later than September 1, 2015, and annually thereafter, the
Secretary, in consultation with the Secretary of Labor, shall
establish the required wage for the next calendar year for
each of the job categories set out in clauses (i) and (ii) of
paragraph (2)(A).
``(D) Survey by bureau of labor statistics.--Not later than
April 15, 2015, the Bureau of Labor Statistics shall consult
with the Secretary to expand the Occupational Employment
Statistics Survey to survey agricultural producers and
contractors and produce improved wage data by State and the
job categories set out in clauses (i) through (vi) of
subparagraph (A).
``(4) Consideration.--In determining the wage rate under
paragraph (3)(C), the Secretary may consider appropriate
factors, including--
``(A) whether the employment of additional alien workers at
the required wage will adversely affect the wages and working
conditions of workers in the United States similarly
employed;
``(B) whether the employment in the United States of an
alien admitted under section 101(a)(15)(H)(ii)(a) or
unauthorized
[[Page S5389]]
aliens in the agricultural workforce has depressed wages of
United States workers engaged in agricultural employment
below the levels that would otherwise have prevailed if such
aliens had not been employed in the United States;
``(C) whether wages of agricultural workers are sufficient
to support such workers and their families at a level above
the poverty thresholds determined by the Bureau of Census;
``(D) the wages paid workers in the United States who are
not employed in agricultural employment but who are employed
in comparable employment;
``(E) the continued exclusion of employers of nonimmigrant
alien workers in agriculture from the payment of taxes under
chapter 21 of the Internal Revenue Code of 1986 (26 U.S.C.
3101 et seq.) and chapter 23 of such Code (26 U.S.C. 3301 et
seq.);
``(F) the impact of farm labor costs in the United States
on the movement of agricultural production to foreign
countries;
``(G) a comparison of the expenses and cost structure of
foreign agricultural producers to the expenses incurred by
agricultural producers based in the United States; and
``(H) the accuracy and reliability of the Occupational
Employment Statistics Survey.
``(5) Adverse effect wage rate.--
``(A) Prohibition of modification.--The adverse effect wage
rates in effect on April 15, 2013, for nonimmigrants admitted
under 101(a)(15)(H)(ii)(a)--
``(i) shall remain in effect until the date described in
section 2233 of the Agricultural Worker Program Act of 2013;
and
``(ii) may not be modified except as provided in
subparagraph (B).
``(B) Exception.--Until the Secretary establishes the wage
rates required under paragraph (3)(C), the adverse effect
wage rates in effect on the date of the enactment of the
Agricultural Worker Program Act of 2013 shall be--
``(i) deemed to be such wage rates; and
``(ii) after September 1, 2015, adjusted annually in
accordance with paragraph (3)(B).
``(C) Nonpayment of fica and futa taxes.--An employer
employing nonimmigrant agricultural workers shall not be
required to pay and withhold from such workers--
``(i) the tax required under section 3101 of the Internal
Revenue Code of 1986; or
``(ii) the tax required under section 3301 of the Internal
Revenue Code of 1986.
``(6) Preferential treatment of aliens prohibited.--
``(A) In general.--Except as provided in subparagraph (B),
employers seeking to hire United States workers shall offer
the United States workers not less than the same benefits,
wages, and working conditions that the employer is offering,
intends to offer, or will provide to nonimmigrant
agricultural workers. No job offer may impose on United
States workers any restrictions or obligations that will not
be imposed on the employer's nonimmigrant agricultural
workers.
``(B) Exception.--Notwithstanding subparagraph (A), a
designated agricultural employer is not required to provide
housing or a housing allowance to United States workers.
``(g) Worker Protections and Dispute Resolution.--
``(1) Equality of treatment.--Nonimmigrant agricultural
workers shall not be denied any right or remedy under any
Federal, State, or local labor or employment law applicable
to United States workers engaged in agricultural employment.
``(2) Applicability of the migrant and seasonal
agricultural worker protection act.--
``(A) Migrant and seasonal agricultural worker protection
act.--Nonimmigrant agricultural workers shall be considered
migrant agricultural workers for purposes of the Migrant and
Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801
et seq.).
``(B) Eligibility of nonimmigrant agricultural workers for
certain legal assistance.--A nonimmigrant agricultural worker
shall be considered to be lawfully admitted for permanent
residence for purposes of establishing eligibility for legal
services under the Legal Services Corporation Act (42 U.S.C.
2996 et seq.) on matters relating to wages, housing,
transportation, and other employment rights.
``(C) Mediation.--
``(i) Free mediation services.--The Federal Mediation and
Conciliation Service shall be available to assist in
resolving disputes arising under this section between
nonimmigrant agricultural workers and designated agricultural
employers without charge to the parties.
``(ii) Complaint.--If a nonimmigrant agricultural worker
files a complaint under section 504 of the Migrant and
Seasonal Agricultural Worker Protection Act (29 U.S.C. 1854),
not later than 60 days after the filing of proof of service
of the complaint, a party to the action may file a request
with the Federal Mediation and Conciliation Service to assist
the parties in reaching a satisfactory resolution of all
issues involving all parties to the dispute.
``(iii) Notice.--Upon filing a request under clause (ii)
and giving of notice to the parties, the parties shall
attempt mediation within the period specified in clause (iv).
``(iv) 90-day limit.--The Federal Mediation and
Conciliation Service may conduct mediation or other
nonbinding dispute resolution activities for a period not to
exceed 90 days beginning on the date on which the Federal
Mediation and Conciliation Service receives a request for
assistance under clause (ii) unless the parties agree to an
extension of such period.
``(v) Authorization of appropriations.--
``(I) In general.--Subject to clause (II), there are
authorized to be appropriated to the Federal Mediation and
Conciliation Service $500,000 for each fiscal year to carry
out this subparagraph.
``(II) Mediation.--Notwithstanding any other provision of
law, the Director of the Federal Mediation and Conciliation
Service is authorized--
``(aa) to conduct the mediation or other dispute resolution
activities from any other account containing amounts
available to the Director; and
``(bb) to reimburse such account with amounts appropriated
pursuant to subclause (I).
``(vi) Private mediation.--If all parties agree, a private
mediator may be employed as an alternative to the Federal
Mediation and Conciliation Service.
``(3) Other rights.--Nonimmigrant agricultural workers
shall be entitled to the rights granted to other classes of
aliens under sections 242(h) and 245E.
``(4) Waiver of rights.--Agreements by nonimmigrant
agricultural workers to waive or modify any rights or
protections under this section shall be considered void or
contrary to public policy except as provided in a collective
bargaining agreement with a bona fide labor organization.
``(h) Enforcement Authority.--
``(1) Investigation of complaints.--
``(A) Aggrieved person or third-party complaints.--
``(i) Process.--The Secretary of Labor shall establish a
process for the receipt, investigation, and disposition of
complaints respecting a designated agricultural employer's
failure to meet a condition specified in subsection (e), or
an employer's misrepresentation of material facts in a
petition under subsection (e)(2).
``(ii) Filing.--Any aggrieved person or organization,
including bargaining representatives, may file a complaint
referred to in clause (i) not later than 1 year after the
date of the failure or misrepresentation, respectively.
``(iii) Investigation or hearing.--The Secretary of Labor
shall conduct an investigation if there is reasonable cause
to believe that such failure or misrepresentation has
occurred.
``(B) Determination on complaint.--Under such process, the
Secretary of Labor shall provide, not later than 30 days
after the date on which such a complaint is filed, for a
determination as to whether or not a reasonable basis exists
to make a finding described in subparagraph (C), (D), (E), or
(F). If the Secretary of Labor determines that such a
reasonable basis exists, the Secretary of Labor shall provide
for notice of such determination to the interested parties
and an opportunity for a hearing on the complaint, in
accordance with section 556 of title 5, United States Code,
within 60 days after the date of the determination. If such a
hearing is requested, the Secretary of Labor shall make a
finding concerning the matter not later than 60 days after
the date of the hearing. In the case of similar complaints
respecting the same applicant, the Secretary of Labor may
consolidate the hearings under this subparagraph on such
complaints.
``(C) Failure to meet conditions.--If the Secretary of
Labor finds, after notice and opportunity for a hearing, a
failure to meet a condition under subsection (e) or (f), or a
material misrepresentation of fact in a petition under
subsection (e)(2)--
``(i) the Secretary of Labor shall notify the Secretary of
such finding and may, in addition, impose such other
administrative remedies (including civil money penalties in
an amount not to exceed $1,000 per violation) as the
Secretary of Labor determines to be appropriate; and
``(ii) the Secretary may disqualify the designated
agricultural employer from the employment of nonimmigrant
agricultural workers for a period of 1 year.
``(D) Willful failures and willful misrepresentations.--If
the Secretary of Labor finds, after notice and opportunity
for hearing, a willful failure to meet a condition under
subsection (e) or (f) or a willful misrepresentation of a
material fact in an registration or petition under paragraph
(1) or (2) of subsection (e)--
``(i) the Secretary of Labor shall notify the Secretary of
such finding and may, in addition, impose such other
administrative remedies (including civil money penalties in
an amount not to exceed $5,000 per violation) as the
Secretary of Labor determines to be appropriate;
``(ii) the Secretary of Labor may seek appropriate legal or
equitable relief; and
``(iii) the Secretary may disqualify the designated
agricultural employer from the employment of nonimmigrant
agricultural workers for a period of 2 years.
``(E) Displacement of united states workers.--If the
Secretary of Labor finds, after notice and opportunity for
hearing, a willful failure to meet a condition under
subsection (e) or (f) or a willful misrepresentation of a
material fact in an registration or petition under paragraph
(1) or (2) of subsection (e), in the course of which failure
or misrepresentation the employer displaced a United States
worker employed by the employer during the period of
employment on the employer's petition under subsection
[[Page S5390]]
(e)(2) or during the period of 30 days preceding such period
of employment--
``(i) the Secretary of Labor shall notify the Secretary of
such finding and may, in addition, impose such other
administrative remedies (including civil money penalties in
an amount not to exceed $15,000 per violation) as the
Secretary of Labor determines to be appropriate; and
``(ii) the Secretary may disqualify the employer from the
employment of nonimmigrant agricultural workers for a period
of 3 years.
``(F) Failures to pay wages or required benefits.--If the
Secretary of Labor finds, after notice and opportunity for a
hearing, that the employer has failed to pay the wages, or
provide the housing allowance, transportation, subsistence
reimbursement, or guarantee of employment required under
subsections (e)(4) and (f), the Secretary of Labor shall
assess payment of back wages, or other required benefits, due
any United States worker or nonimmigrant agricultural worker
employed by the employer in the specific employment in
question. The back wages or other required benefits required
under subsections (e) and (f) shall be equal to the
difference between the amount that should have been paid and
the amount that actually was paid to such worker.
``(G) Disposition of penalties.--Civil penalties collected
under this paragraph shall be deposited into the
Comprehensive Immigration Reform Trust Fund established under
section 6(a)(1) of the Border Security, Economic Opportunity,
and Immigration Modernization Act.
``(2) Limitations on civil money penalties.--The Secretary
of Labor shall not impose total civil money penalties with
respect to a petition under subsection (e)(2) in excess of
$90,000.
``(3) Election.--A nonimmigrant agricultural worker who has
filed an administrative complaint with the Secretary of Labor
may not maintain a civil action unless a complaint based on
the same violation filed with the Secretary of Labor under
paragraph (1) is withdrawn before the filing of such action,
in which case the rights and remedies available under this
subsection shall be exclusive.
``(4) Preclusive effect.--Any settlement by a nonimmigrant
agricultural worker, a designated agricultural employer, or
any person reached through the mediation process required
under subsection (g)(2)(C) shall preclude any right of action
arising out of the same facts between the parties in any
Federal or State court or administrative proceeding, unless
specifically provided otherwise in the settlement agreement.
``(5) Settlements.--Any settlement by the Secretary of
Labor with a designated agricultural worker on behalf of a
nonimmigrant agricultural worker of a complaint filed with
the Secretary of Labor under this section or any finding by
the Secretary of Labor under this subsection shall preclude
any right of action arising out of the same facts between the
parties under any Federal or State court or administrative
proceeding, unless specifically provided otherwise in the
settlement agreement.
``(6) Statutory construction.--Nothing in this subsection
may be construed as limiting the authority of the Secretary
of Labor to conduct any compliance investigation under any
other labor law, including any law affecting migrant and
seasonal agricultural workers, or, in the absence of a
complaint under this section.
``(7) Discrimination prohibited.--It is a violation of this
subsection for any person who has filed a petition under
subsection (e) or (f) to intimidate, threaten, restrain,
coerce, blacklist, discharge, or in any other manner
discriminate against an employee, including a former employee
or an applicant for employment, because the employee--
``(A) has disclosed information to the employer, or to any
other person, that the employee reasonably believes evidences
a violation of subsection (e) or (f), or any rule or
regulation relating to subsection (e) or (f); or
``(B) cooperates or seeks to cooperate in an investigation
or other proceeding concerning the employer's compliance with
the requirements under subsection (e) or (f) or any rule or
regulation pertaining to subsection (e) or (f).
``(8) Role of associations.--
``(A) Violation by a member of an association.--
``(i) In general.--If an association acting as the agent of
an employer files an application on behalf of such employer,
the employer is fully responsible for such application, and
for complying with the terms and conditions of subsection
(e). If such an employer is determined to have violated any
requirement described in this subsection, the penalty for
such violation shall apply only to that employer except as
provided in clause (ii).
``(ii) Collective responsibility.--If the Secretary of
Labor determines that the association or other members of the
association participated in, had knowledge of, or reason to
know of a violation described in clause (i), the penalty
shall also be invoked against the association and complicit
association members.
``(B) Violations by an association acting as an employer.--
``(i) In general.--If an association filing an application
as a sole or joint employer is determined to have violated
any requirement described in this section, the penalty for
such violation shall apply only to the association except as
provided in clause (ii).
``(ii) Member responsibility.--If the Secretary of Labor
determines that 1 or more association members participated
in, had knowledge of, or reason to know of the violation
described in clause (i), the penalty shall be invoked against
all complicit association members.
``(i) Special Nonimmigrant Visa Processing and Wage
Determination Procedures for Certain Agricultural
Occupations.--
``(1) Finding.--Certain industries possess unique
occupational characteristics that necessitate the Secretary
of Agriculture to adopt special procedures relating to
housing, pay, and visa program application requirements for
those industries.
``(2) Special procedures industry defined.--In this
subsection, the term `Special Procedures Industry' means--
``(A) sheepherding and goat herding;
``(B) itinerant commercial beekeeping and pollination;
``(C) open range production of livestock;
``(D) itinerant animal shearing; and
``(E) custom combining industries.
``(3) Work locations.--The Secretary shall allow designated
agricultural employers in a Special Procedures Industry that
do not operate in a single fixed-site location to provide, as
part of its registration or petition under the Program, a
list of anticipated work locations, which--
``(A) may include an anticipated itinerary; and
``(B) may be subsequently amended by the employer, after
notice to the Secretary.
``(4) Wage rates.--The Secretary may establish monthly,
weekly, or biweekly wage rates for occupations in a Special
Procedures Industry for a State or other geographic area. For
an employer in those Special Procedures Industries that
typically pay a monthly wage, the Secretary shall require
that workers will be paid not less frequently than monthly
and at a rate no less than the legally required monthly cash
wage for such employer as of the date of the enactment of the
Border Security, Economic Opportunity, and Immigration
Modernization Act and in an amount as re-determined annually
by the Secretary of Agriculture through rulemaking.
``(5) Housing.--The Secretary shall allow for the provision
of housing or a housing allowance by employers in Special
Procedures Industries and allow housing suitable for workers
employed in remote locations.
``(6) Allergy limitation.--An employer engaged in the
commercial beekeeping or pollination services industry may
require that an applicant be free from bee pollen, venom, or
other bee-related allergies.
``(7) Application.--An individual employer in a Special
Procedures Industry may file a program petition on its own
behalf or in conjunction with an association of employers.
The employer's petition may be part of several related
petitions submitted simultaneously that constitute a master
petition.
``(8) Rulemaking.--The Secretary or, as appropriate, the
Secretary of Homeland Security or the Secretary of Labor,
after consultation with employers and employee
representatives, shall publish for notice and comment
proposed regulations relating to housing, pay, and
application procedures for Special Procedures Industries.
``(j) Miscellaneous Provisions.--
``(1) Disqualification of nonimmigrant agricultural workers
from financial assistance.--An alien admitted as a
nonimmigrant agricultural worker is not eligible for any
program of financial assistance under Federal law (whether
through grant, loan, guarantee, or otherwise) on the basis of
financial need, as such programs are identified by the
Secretary in consultation with other agencies of the United
States.
``(2) Monitoring requirement.--
``(A) In general.--The Secretary shall monitor the movement
of nonimmigrant agricultural workers through--
``(i) the Employment Verification System described in
section 274A(b); and
``(ii) the electronic monitoring system established
pursuant to subparagraph (B).
``(B) Electronic monitoring system.--Not later than 2 years
after the effective date of this section, the Secretary of
Homeland Security, through the Director of U.S. Citizenship
and Immigration Services, shall establish an electronic
monitoring system, which shall--
``(i) be modeled on the Student and Exchange Visitor
Information System (SEVIS) and the SEVIS II tracking system
administered by U.S. Immigration and Customs Enforcement;
``(ii) monitor the presence and employment of nonimmigrant
agricultural workers; and
``(iii) assist in ensuring the compliance of designated
agricultural employers and nonimmigrant agricultural workers
with the requirements of the Program.''.
(b) Rulemaking.--The Secretary of Agriculture shall issue
regulations to carry out section 218A of the Immigration and
Nationality Act, as added by subsection (a), not later than 1
year after the date of the enactment of this Act.
(c) Clerical Amendment.--The table of contents is amended
by inserting after the item relating to section 218 the
following:
``Sec. 218A. Nonimmigrant agricultural worker program.''.
(d) Effective Date.--The amendments made by this section
shall take effect on October 1, 2014.
SEC. 2233. TRANSITION OF H-2A WORKER PROGRAM.
(a) Sunset of Program.--
[[Page S5391]]
(1) In general.--Except as provided in paragraph (2), an
employer may not petition to employ an alien pursuant to
section 101(a)(15)(H)(ii)(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) after the
date that is 1 year after the date on which the regulations
issued pursuant to section 2241(b) become effective.
(2) Exception.--An employer may employ an alien described
in paragraph (1) for the shorter of--
(A) 10 months; or
(B) the time specified in the position.
(b) Conforming Amendments.--
(1) Repeal of h-2a nonimmigrant category.--Section
101(a)(15)(H)(ii) (8 U.S.C. 1101(a)(15)(H)(ii)) is amended by
striking subclause (a).
(2) Repeal of admission requirements for h-2a worker.--
Section 218 (8 U.S.C. 1188) is repealed.
(3) Conforming amendments.--
(A) Amendment of petition requirements.--Section 214(c)(1)
(8 U.S.C. 1184(c)(1)) is amended by striking ``For purposes
of this subsection'' and all that follows.
(B) Clerical amendment.--The table of contents is amended
by striking the item relating to section 218.
(4) Effective date.--The amendments made by this subsection
shall take effect on the date that is 1 year after the
effective date of the regulations issued pursuant to section
2241(b).
SEC. 2234. REPORTS TO CONGRESS ON NONIMMIGRANT AGRICULTURAL
WORKERS.
(a) Annual Report by Secretary of Agriculture.--Not later
than September 30 of each year, the Secretary of Agriculture
shall submit a report to Congress that identifies, for the
previous year, the number, disaggregated by State and by
occupation, of--
(1) job opportunities approved for employment of aliens
admitted pursuant to clause (iii) or clause (iv) of section
101(a)(15)(W) of the Immigration and Nationality Act, as
added by section 2231; and
(2) aliens actually admitted pursuant to each such clause.
(b) Annual Report by Secretary of Homeland Security.--Not
later than September 30 of each year, the Secretary shall
submit a report to Congress that identifies, for the previous
year, the number of aliens described in subsection (a)(2)
who--
(1) violated the terms of the nonimmigrant agricultural
worker program established under section 218A(b) of the
Immigration and Nationality Act, as added by section 2232;
and
(2) have not departed from the United States.
CHAPTER 3--OTHER PROVISIONS
SEC. 2241. RULEMAKING.
(a) Consultation Requirement.--In the course of
promulgating any regulation necessary to implement this
subtitle, or the amendments made by this subtitle, the
Secretary, the Secretary of Agriculture, the Secretary of
Labor, and the Secretary of State shall regularly consult
with each other.
(b) Deadline for Issuance of Regulations.--Except as
provided in section 2232(b), all regulations to implement
this subtitle and the amendments made by this subtitle shall
be issued not later than 6 months after the date of the
enactment of this Act.
SEC. 2242. REPORTS TO CONGRESS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary and the Secretary of Agriculture
shall jointly submit a report to Congress that describes the
measures being taken and the progress made in implementing
this subtitle and the amendments made by this subtitle.
SEC. 2243. BENEFITS INTEGRITY PROGRAMS.
(a) In General.--Without regard to whether personal
interviews are conducted in the adjudication of benefits
provided for by section 210A, 218A, 245B, 245C, 245D, 245E,
or 245F of the Immigration and Nationality Act, or in seeking
a benefit under section 101(a)(15)(U) of the Immigration and
Nationality Act, section 1242 of the Refugee Crisis in Iraq
Act of 2007 (8 U.S.C. 1157 note), section 602(b) of the
Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note), or
section 2211 of this Act, the Secretary shall uphold and
maintain the integrity of those benefits by carrying out for
each of them, within the Fraud Detection and National
Security Directorate of U.S. Citizenship and Immigration
Services, programs as follows:
(1) A benefit fraud assessment program to quantify fraud
rates, detect ongoing fraud trends, and develop appropriate
countermeasures, including through a random sample of both
pending and completed cases.
(2) A compliance review program, including site visits, to
identify frauds and deter fraudulent and illegal activities.
(b) Reports.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, U.S. Citizenship and Immigration
Services shall annually submit to Congress a report on the
programs carried out pursuant to subsection (a).
(2) Elements in first report.--The initial report submitted
under paragraph (1) shall include the methodologies to be
used by the Fraud Detection and National Security Directorate
for each of the programs specified in paragraphs (1) and (2)
of subsection (a).
(3) Elements in subsequent reports.--Each subsequent report
under paragraph (1) shall include, for the calendar year
covered by such report, a descriptions of examples of fraud
detected, fraud rates for programs and types of applicants,
and a description of the disposition of the cases in which
fraud was detected or suspected.
(c) Use of Findings of Fraud.--Any instance of fraud or
abuse detected pursuant to a program carried out pursuant to
subsection (a) may be used to deny or revoke benefits, and
may also be referred to U.S. Immigration and Customs
Enforcement for investigation of criminal violations of
section 266 of the Immigration and Nationality Act (8 U.S.C.
1306).
(d) Funding.--There are authorized to be appropriated, from
the Comprehensive Immigration Reform Trust Fund established
under section 6(a)(1), such sums as may be necessary to carry
out this section.
SEC. 2244. EFFECTIVE DATE.
This subtitle and the amendments made by this subtitle,
except for sections 2231, 2232, and 2233, shall take effect
on the date on which the regulations required under section
2241 are issued, regardless of whether such regulations are
issued on an interim basis or on any other basis.
Subtitle C--Future Immigration
SEC. 2301. MERIT-BASED POINTS TRACK ONE.
(a) In General.--
(1) Worldwide level of merit-based immigrants.--Section
201(e) (8 U.S.C. 1151(e)) is amended to read as follows:
``(e) Worldwide Level of Merit-based Immigrants.--
``(1) In general.--
``(A) Numerical limitation.--Subject to paragraphs (2),
(3), and (4), the worldwide level of merit-based immigrants
is equal to 120,000 for each fiscal year.
``(B) Status.--An alien admitted on the basis of a merit-
based immigrant visa under this section shall have the status
of an alien lawfully admitted for permanent residence.
``(2) Annual increase.--
``(A) In general.--Subject to subparagraph (B) and
paragraph (3), if in any fiscal year the worldwide level of
visas available for merit-based immigrants under this
section--
``(i) is less than 75 percent of the number of applicants
for such fiscal year, the worldwide level shall increase by 5
percent for the next fiscal year; and
``(ii) is equal to or more than 75 percent of such number,
the worldwide level for the next fiscal year shall be the
same as the worldwide level for such fiscal year, minus any
amount added to the worldwide level for such fiscal year
under paragraph (4).
``(B) Limitation on increase.--The worldwide level of visas
available for merit-based immigrants shall not exceed
250,000.
``(3) Employment consideration.--The worldwide level of
visas available for merit-based immigrants may not be
increased for a fiscal year under paragraph (2) if the annual
average unemployment rate for the civilian labor force 18
years or over in the United States, as determined by the
Bureau of Labor Statistics, for such previous fiscal year is
more than 8\1/2\ percent.
``(4) Recapture of unused visas.--The worldwide level of
merit-based immigrants described in paragraph (1) for a
fiscal year shall be increased by the difference (if any)
between the worldwide level established under paragraph (1)
for the previous fiscal year and the number of visas actually
issued under this subsection during that fiscal year. Such
visas shall be allocated for the following year pursuant to
section 203(c)(3).''.
(2) Merit-based immigrants.--Section 203 (8 U.S.C. 1153) is
amended by inserting after subsection (b) the following:
``(c) Merit-based Immigrants.--
``(1) Fiscal years 2015 through 2017.--During each of the
fiscal years 2015 through 2017, the worldwide level of merit-
based immigrant visas made available under section 201(e)(1)
shall be available for aliens described in section 203(b)(3)
and in addition to any visas available for such aliens under
such section.
``(2) Subsequent fiscal years.--During fiscal year 2018 and
each subsequent fiscal year, aliens subject to the worldwide
level specified in section 201(e) for merit-based immigrants
shall be allocated as follows:
``(A) 50 percent shall be available to applicants with the
highest number of points allocated under tier 1 in paragraph
(4).
``(B) 50 percent shall be available to applicants with the
highest number of points allocated under tier 2 in paragraph
(5).
``(3) Unused visas.--If the total number of visas allocated
to tier 1 or tier 2 for a fiscal year are not granted during
that fiscal year, such number may be added to the number of
visas available under section 201(e)(1) for the following
fiscal year and allocated as follows:
``(A) If the unused visas were allocated for tier 1 in a
fiscal year, \2/3\ of such visas shall be available for
aliens allocated visas under tier 1 in the following fiscal
year and \1/3\ of such visas shall be available for aliens
allocated visas under either tier 1 or tier 2 in the
following fiscal year.
``(B) If the unused visas were allocated for tier 2 in a
fiscal year, \2/3\ of such visas shall be available for
aliens allocated visas under tier 2 in the following fiscal
year and \1/3\ of such visas shall be available for aliens
allocated visas under either tier 1 or tier 2 in the
following fiscal year.
``(4) Tier 1.--The Secretary shall allocate points to each
alien seeking to be a tier 1 merit-based immigrant as
follows:
``(A) Education.--
``(i) In general.--An alien may receive points under only 1
of the following categories:
[[Page S5392]]
``(I) An alien who has received a doctorate degree from an
institution of higher education in the United States or the
foreign equivalent shall be allocated 15 points.
``(II) An alien who has received a master's degree from an
institution of higher education in the United States or the
foreign equivalent shall be allocated 10 points.
``(ii) An alien who has received a bachelor's degree from
an institution of higher education (as defined in section
101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a))) shall be allocated 5 points.
``(B) Employment experience.--An alien shall be allocated
not more than 20 points as follows:
``(i) 3 points for each year the alien has been lawfully
employed in a zone 5 occupation in the United States.
``(ii) 2 points for each year the alien has been lawfully
employed in a zone 4 occupation in the United States.
``(C) Employment related to education.--An alien who is in
the United States and is employed full-time or has an offer
of full-time employment in a field related to the alien's
education--
``(i) in a zone 5 occupation shall be allocated 10 points;
or
``(ii) in a zone 4 occupation shall be allocated 8 points.
``(D) Entrepreneurship.--An alien who is an entrepreneur in
business that employs at least 2 employees in a zone 4
occupation or a zone 5 occupation shall be allocated 10
points.
``(E) High demand occupation.--An alien who is employed
full-time in the United States or has an offer of full-time
employment in a high demand tier 1 occupation shall be
allocated 10 points.
``(F) Civic involvement.--An alien who has attested that he
or she has engaged in a significant amount of community
service, as determined by the Secretary, shall be allocated 2
points.
``(G) English language.--An alien who received a score of
80 or more on the Test of English as a Foreign Language, or
an equivalent score on a similar test, as determined by the
Secretary, shall be allocated 10 points.
``(H) Siblings and married sons and daughters of
citizens.--An alien who is the sibling of a citizen of the
United States or who is over 31 years of age and is the
married son or married daughter of a citizen of the United
States shall be allocated 10 points.
``(I) Age.--An alien who is--
``(i) between 18 and 24 years of age shall be allocated 8
points;
``(ii) between 25 and 32 years of age shall be allocated 6
points; or
``(iii) between 33 and 37 years of age shall be allocated 4
points.
``(J) Country of origin.--An alien who is a national of a
country of which fewer than 50,000 nationals were lawfully
admitted to permanent residence in the United States in the
previous 5 years shall be allocated 5 points.
``(5) Tier 2.--The Secretary shall allocate points to each
alien seeking to be a tier 2 merit-based immigrant as
follows:
``(A) Employment experience.--An alien shall be allocated 2
points for each year the alien has been lawfully employed in
the United States, for a total of not more than 20 points.
``(B) Special employment criteria.--An alien who is
employed full-time in the United States, or has an offer of
full-time employment--
``(i) in a high demand tier 2 occupation shall be allocated
10 points; or
``(ii) in a zone 1, zone 2, or zone 3 occupation shall be
allocated 10 points.
``(C) Caregiver.--An alien who is or has been a primary
caregiver shall be allocated 10 points.
``(D) Exceptional employment record.--An alien who has a
record of exceptional employment, as determined by the
Secretary, shall be allocated 10 points. In determining a
record of exceptional employment, the Secretary shall
consider factors including promotions, longevity, changes in
occupations from a lower job zone to a higher job zone,
participated in safety training, and increases in pay.
``(E) Civic involvement.--An alien who has demonstrated
significant civic involvement shall be allocated 2 points.
``(F) English language.--
``(i) English proficiency.--An alien who has demonstrated
English proficiency, as determined by a standardized test
designated by the Secretary of Education, shall be allocated
10 points.
``(ii) English knowledge.--An alien who has demonstrated
English knowledge, as determined by a standardized test
designated by the Secretary of Education, shall be allocated
5 points.
``(G) Siblings and married sons and daughters of
citizens.--An alien who is the sibling of a citizen of the
United States or is over the age of 31 and is the married son
or married daughter of a citizen of the United States shall
be allocated 10 points.
``(H) Age.--An alien who is--
``(i) between 18 and 24 years of age shall be allocated 8
points;
``(ii) between 25 and 32 years of age shall be allocated 6
points; or
``(iii) between 33 and 37 years of age shall be allocated 4
points.
``(I) Country of origin.--An alien who is a national of a
country of which fewer than 50,000 nationals were lawfully
admitted to permanent residence in the United States in the
previous 5 years shall be allocated 5 points.
``(6) Application procedures.--
``(A) Submission.--During the 30-day period beginning on
the first October 1 occurring at least 3 years after the date
of the enactment of the Border Security, Economic
Opportunity, and Immigration Modernization Act, and during
each 30-day period beginning on October 1 in subsequent
years, eligible aliens may submit, to U.S. Citizenship and
Immigration Services, an application for a merit-based
immigrant visa that contains such information as the
Secretary may reasonably require.
``(B) Adjudication.--Before the last day of each fiscal
year in which applications are filed pursuant to subparagraph
(A), the Director, U.S. Citizenship and Immigration Services,
shall--
``(i) review the applications to determine which aliens
will be granted a merit-based immigrant visa in the following
fiscal year in accordance with this subsection; and
``(ii) in coordination with the Secretary of State, provide
such visas to all successful applicants.
``(C) Fee.--An alien who is allocated a visa under this
subsection shall pay a fee of $1,500 in addition to any fee
assessed to cover the costs to process an application under
this subsection. Fees collected under this paragraph shall be
deposited by the Secretary into the Comprehensive Immigration
Reform Trust Fund established under section 6(a)(1) of the
Border Security, Economic Opportunity, and Immigration
Modernization Act.
``(7) Eligibility of aliens in registered provisional
immigrant status.--An alien who was granted registered
provisional immigrant status under section 245B is not
eligible to receive a merit-based immigrant visa under
section 201(e).
``(8) Ineligibility of aliens with pending or approved
petitions.--An alien who has a petition pending or approved
in another immigrant category under this section or section
201 may not apply for a merit-based immigrant visa.
``(9) Definitions.--In this subsection:
``(A) High demand tier 1 occupation.--The term `high demand
tier 1 occupation' means 1 of the 5 occupations for which the
highest number of nonimmigrants described in section
101(a)(15)(H)(i) were sought to be admitted by employers
during the previous fiscal year.
``(B) High demand tier 2 occupation.--The term `high demand
tier 2 occupation' means 1 of the 5 occupations for which the
highest number of positions were sought to become registered
positions by employers under section 220(e) during the
previous fiscal year.
``(C) Secretary.--The term `Secretary' means the Secretary
of Homeland Security.
``(D) Zone 1 occupation.--The term `zone 1 occupation'
means an occupation that requires little or no preparation
and is classified as a zone 1 occupation on--
``(i) the Occupational Information Network Database (O*NET)
on the date of the enactment of the Border Security, Economic
Opportunity, and Immigration Modernization Act; or
``(ii) such Database or a similar successor database, as
designated by the Secretary of Labor, after such date of
enactment.
``(E) Zone 2 occupation.--The term `zone 2 occupation'
means an occupation that requires some preparation and is
classified as a zone 2 occupation on--
``(i) the Occupational Information Network Database (O*NET)
on the date of the enactment of the Border Security, Economic
Opportunity, and Immigration Modernization Act; or
``(ii) such Database or a similar successor database, as
designated by the Secretary of Labor, after such date of
enactment.
``(F) Zone 3 occupation.--The term `zone 3 occupation'
means an occupation that requires medium preparation and is
classified as a zone 3 occupation on--
``(i) the Occupational Information Network Database (O*NET)
on the date of the enactment of the Border Security, Economic
Opportunity, and Immigration Modernization Act; or
``(ii) such Database or a similar successor database, as
designated by the Secretary of Labor, after such date of
enactment.
``(G) Zone 4 occupation.--The term `zone 4 occupation'
means an occupation that requires considerable preparation
and is classified as a zone 4 occupation on--
``(i) the Occupational Information Network Database (O*NET)
on the date of the enactment of theBorder Security, Economic
Opportunity, and Immigration Modernization Act; or
``(ii) such Database or a similar successor database, as
designated by the Secretary of Labor, after such date of
enactment.
``(H) Zone 5 occupation.--The term `zone 5 occupation'
means an occupation that requires extensive preparation and
is classified as a zone 5 occupation on--
``(i) the Occupational Information Network Database (O*NET)
on the date of the enactment of the Border Security, Economic
Opportunity, and Immigration Modernization Act; or
``(ii) such Database or a similar successor database, as
designated by the Secretary of Labor, after such date of
enactment.''.
(3) GAO study and report.--
(A) Study.--The Comptroller General of the United States
shall conduct a study of the merit-based immigration system
established under section 203(c) of the Immigration and
Nationality Act, as amended by
[[Page S5393]]
paragraph (2), to determine, during the first 7 years of such
system--
(i) how the points described in paragraphs (4)(H), (4)(J),
(5)(G), and (5)(I) of section 203(c) of such Act were
utilized;
(ii) how many of the points allocated to people lawfully
admitted for permanent residence were allocated under such
paragraphs;
(iii) how many people who were allocated points under such
paragraphs were not lawfully admitted to permanent residence;
(iv) the countries of origin of the people who applied for
a merit-based visa under section 203(c) of such Act;
(v) the number of such visas issued under tier 1 and tier 2
to males and females, respectively;
(vi) the age of individuals who were issued such visas; and
(vii) the educational attainment and occupation of people
who were issued such visas.
(B) Report.--Not later than 7 years after the date of the
enactment of this Act, the Comptroller General shall submit a
report to Congress that describes the results of the study
conducted pursuant to subparagraph (A).
(b) Modification of Points.--The Secretary may submit to
Congress a proposal to modify the number of points allocated
under subsection (c) of section 203 of the Immigration and
Nationality Act (8 U.S.C. 1153), as amended by subsection
(a).
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2014.
SEC. 2302. MERIT-BASED TRACK TWO.
(a) In General.--In addition to any immigrant visa made
available under the Immigration and Nationality Act (8 U.S.C.
1101 et seq.), as amended by this Act, the Secretary of State
shall allocate merit-based immigrant visas as described in
this section.
(b) Status.--An alien admitted on the basis of a merit-
based immigrant visa under this section shall have the status
of an alien lawfully admitted for permanent residence (as
that term is defined in section 101(a)(20) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(20))).
(c) Eligibility.--Beginning on October 1, 2014, the
following aliens shall be eligible for merit-based immigrant
visas under this section:
(1) Employment-based immigrants.--An alien who is the
beneficiary of a petition filed before the date of the
enactment of this Act to accord status under section 203(b)
of the Immigration and Nationality Act, if the visa has not
been issued within 5 years after the date on which such
petition was filed.
(2) Family-sponsored immigrants.--Subject to subsection
(d), an alien who is the beneficiary of a petition filed to
accord status under section 203(a) of the Immigration and
Nationality Act--
(A) prior to the date of the enactment of this Act, if the
visa was not issued within 5 years after the date on which
such petition was filed; or
(B) after such date of enactment, to accord status under
paragraph (3) or (4) of section 203(a) of the Immigration and
Nationality Act (8 U.S.C. 1153(a)), as in effect the minute
before the effective date specified in section 2307(a)(3) of
this Act, and the visa was not issued within 5 years after
the date on which petition was filed.
(3) Long-term alien workers and other merit-based
immigrants.--An alien who--
(A) is not admitted pursuant to subparagraph (W) of section
101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)); and
(B) has been lawfully present in the United States in a
status that allows for employment authorization for a
continuous period, not counting brief, casual, and innocent
absences, of not less than 10 years.
(d) Allocation of Employment-sponsored Merit-based
Immigrant Visas.--In each of the fiscal years 2015 through
and including 2021, the Secretary of State shall allocate to
aliens described in subsection (c)(1) a number of merit-based
immigrant visas equal to \1/7\ of the number of aliens
described in subsection (c)(1) whose visas had not been
issued as of the date of the enactment of this Act.
(e) Allocation of Family-sponsored Merit-based Immigrant
Visas.--The visas authorized by subsection (c)(2) shall be
allocated as follows:
(1) Spouses and children of permanent residents.--Petitions
to accord status under section 203(a)(2)(A) of the
Immigration and Nationality Act (8 U.S.C. 1153(a)(2)(A)), as
in effect the minute before the effective date specified in
section 2307(a)(3) of this Act, are automatically converted
to petitions to accord status to the same beneficiaries as
immediate relatives under section 201(b)(2)(A) of the
Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)).
(2) Other family members.--In each of the fiscal years 2015
through and including 2021, the Secretary of State shall
allocate to the aliens described in subsection (c)(2)(A),
other than those aliens described in paragraph (1), a number
of transitional merit-based immigrant visas equal to \1/7\ of
the difference between--
(A) the number of aliens described in subsection (c)(2)(A)
whose visas had not been issued as of the date of the
enactment of this Act; and
(B) the number of aliens described in paragraph (1).
(3) Order of issuance for previously filed applications.--
Subject to paragraphs (1) and (2), the visas authorized by
subsection (c)(2)(A) shall be issued without regard to a per
country limitation in the order described in section 203(a)
of the Immigration and Nationality Act (8 U.S.C. 1153(a)), as
amended by section 2305(b), in the order in which the
petitions to accord status under such section 203(a) were
filed prior to the date of the enactment of this Act.
(4) Subsequently filed applications.--In fiscal year 2022,
the Secretary of State shall allocate to the aliens described
in subsection (c)(2)(B), the number of merit-based immigrant
visas equal to \1/2\ of the number of aliens described in
subsection (c)(2)(B) whose visas had not been issued by
October 1, 2021. In fiscal year 2023, the Secretary of State
shall allocate to the aliens described in subsection
(c)(2)(B), the number of merit-based immigrant visas equal to
the number of aliens described in subsection (c)(2)(B) whose
visas had not been issued by October 1, 2022.
(5) Order of issuance for subsequently filed
applications.--Subject to paragraph (4), the visas authorized
by subsection (c)(2)(B) shall be issued in the order in which
the petitions to accord status under section 203(a) of the
Immigration and Nationality Act were filed, as in effect the
minute before the effective date specified in section
2307(a)(3) of this Act.
(f) Applicability of Certain Grounds of Inadmissibility.--
In determining an alien's inadmissibility under this section,
section 212(a)(9)(B) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(9)(B)) shall not apply.
(g) Eligibility in Years After 2028.--Beginning in fiscal
year 2029, aliens eligible for adjustment of status under
subsection (c)(3) must be lawfully present in an employment
authorized status for 20 years prior to filing an application
for adjustment of status.
SEC. 2303. REPEAL OF THE DIVERSITY VISA PROGRAM.
(a) In General.--Title II (8 U.S.C. 1151 et seq.) is
amended--
(1) in section 201(a) (8 U.S.C. 1151(a))--
(A) in paragraph (1), by adding ``and'' at the end;
(B) in paragraph (2), by striking ``; and'' at the end and
inserting a period; and
(C) by striking paragraph (3);
(2) in section 203 (8 U.S.C. 1153)--
(A) by striking subsection (c);
(B) in subsection (e)--
(i) by striking paragraph (2); and
(ii) by redesignating paragraph (3) as paragraph (2);
(C) in subsection (f), by striking ``(a), (b), or (c) of
this section'' and inserting ``(a) or (b)''; and
(D) in subsection (g), by striking ``(a), (b), and (c)''
and inserting ``(a) and (b)''; and
(3) in section 204 (8 U.S.C. 1154)--
(A) in subsection (a), as amended by section
2305(d)(6)(A)(i), by striking paragraph (8); and
(B) in subsection (e), by striking ``(a), (b), or (c)'' and
inserting ``(a) or (b)''.
(b) Effective Date and Application.--
(1) Effective date.--The amendments made by this section
shall take effect on October 1, 2014.
(2) Application.--An alien who receives a notification from
the Secretary that the alien was selected to receive a
diversity immigrant visa under section 203(c) of the
Immigration and Nationality Act (8 U.S.C. 1153(c)) for fiscal
year 2013 or fiscal year 2014 shall remain eligible to
receive such visa under the rules of such section, as in
effect on September 30, 2014. No alien may be allocated such
a diversity immigrant visa for a fiscal year after fiscal
year 2015.
SEC. 2304. WORLDWIDE LEVELS AND RECAPTURE OF UNUSED IMMIGRANT
VISAS.
(a) Employment-based Immigrants.--Section 201(d) (8 U.S.C.
1151(d)) is amended to read as follows:
``(d) Worldwide Level of Employment-based Immigrants.--
``(1) In general.--
``(A) Worldwide level.--For a fiscal year after fiscal year
2015, the worldwide level of employment-based immigrants
under this subsection is equal to the sum of--
``(i) 140,000; and
``(ii) the number computed under paragraph (2).
``(B) Fiscal year 2015.--For fiscal year 2015, the
worldwide level of employment-based immigrants under this
subsection is equal to the sum of--
``(i) 140,000;
``(ii) the number computed under paragraph (2); and
``(iii) the number computed under paragraph (3).
``(2) Previous fiscal year.--The number computed under this
paragraph for a fiscal year is the difference, if any,
between the maximum number of visas which may be issued under
section 203(a) (relating to family-sponsored immigrants)
during the previous fiscal year and the number of visas
issued under that section during that year.
``(3) Unused visas.--The number computed under this
paragraph is the difference, if any, between--
``(A) the sum of the worldwide levels established under
paragraph (1), as in effect on the day before the date of the
enactment of the Border Security, Economic Opportunity, and
Immigration Modernization Act, for fiscal years 1992 through
and including 2013; and
``(B) the number of visas actually issued under section
203(b) during such fiscal years.''.
(b) Family-sponsored Immigrants.--Section 201(c) (8 U.S.C.
1151(c)) is amended to read as follows:
``(c) Worldwide Level of Family-sponsored Immigrants.--
``(1) In general.--
[[Page S5394]]
``(A) Worldwide level.--Subject to subparagraph (C), for
each fiscal year after fiscal year 2015, the worldwide level
of family-sponsored immigrants under this subsection for a
fiscal year is equal to the sum of--
``(i) 480,000 minus the number computed under paragraph
(2); and
``(ii) the number computed under paragraph (3).
``(B) Fiscal year 2015.--Subject to subparagraph (C), for
fiscal year 2015, the worldwide level of family-sponsored
immigrants under this subsection is equal to the sum of--
``(i) 480,000 minus the number computed under paragraph
(2);
``(ii) the number computed under paragraph (3); and
``(iii) the number computed under paragraph (4).
``(C) Limitation.--The number computed under subparagraph
(A)(i) or (B)(i) may not be less than 226,000, except that
beginning on the date that is 18 months after the date of the
enactment of the Border Security, Economic Opportunity, and
Immigration Modernization Act, the number computed under
subparagraph (A)(i) or (B)(i) may not be less than 161,000.
``(2) Immediate relatives.--The number computed under this
paragraph for a fiscal year is the number of aliens described
in subparagraph (A) or (B) of subsection (b)(2) who were
issued immigrant visas, or who otherwise acquired the status
of an alien lawfully admitted to the United States for
permanent residence, in the previous fiscal year.
``(3) Previous fiscal year.--The number computed under this
paragraph for a fiscal year is the difference, if any,
between the maximum number of visas which may be issued under
section 203(b) (relating to employment-based immigrants)
during the previous fiscal year and the number of visas
issued under that section during that year.
``(4) Unused visas.--The number computed under this
paragraph is the difference, if any, between--
``(A) the sum of the worldwide levels established under
paragraph (1) for fiscal years 1992 through and including
2013; and
``(B) the number of visas actually issued under section
203(a) during such fiscal years.''.
(c) Effective Date.--The amendments made by this section
shall take effect on the first day of the first fiscal year
beginning after the date of the enactment of this Act.
SEC. 2305. RECLASSIFICATION OF SPOUSES AND MINOR CHILDREN OF
LAWFUL PERMANENT RESIDENTS AS IMMEDIATE
RELATIVES.
(a) Immediate Relatives.--Section 201(b)(2) (8 U.S.C.
1151(b)(2)) is amended to read as follows:
``(2)(A) Aliens who are immediate relatives.
``(B) In this paragraph, the term `immediate relative'
means--
``(i) a child, spouse, or parent of a citizen of the United
States, except that in the case of such a parent such citizen
shall be at least 21 years of age;
``(ii) a child or spouse of an alien lawfully admitted for
permanent residence;
``(iii) a child or spouse of an alien described in clause
(i), who is accompanying or following to join the alien;
``(iv) a child or spouse of an alien described in clause
(ii), who is accompanying or following to join the alien;
``(v) an alien admitted under section 211(a) on the basis
of a prior issuance of a visa to the alien's accompanying
parent who is an immediate relative; and
``(vi) an alien born to an alien lawfully admitted for
permanent residence during a temporary visit abroad.
``(C) If an alien who was the spouse or child of a citizen
of the United States or of an alien lawfully admitted for
permanent residence and was not legally separated from the
citizen or lawful permanent resident at the time of the
citizen's or lawful permanent resident's death files a
petition under section 204(a)(1)(B), the alien spouse (and
each child of the alien) shall remain, for purposes of this
paragraph, an immediate relative during the period beginning
on the date of the citizen's or permanent resident's death
and ending on the date on which the alien spouse remarries.
``(D) An alien who has filed a petition under clause (iii)
or (iv) of section 204(a)(1)(A) shall remain, for purposes of
this paragraph, an immediate relative if the United States
citizen or lawful permanent resident spouse or parent loses
United States citizenship on account of the abuse.''.
(b) Allocation of Immigrant Visas.--Section 203(a) (8
U.S.C. 1153(a)) is amended--
(1) in paragraph (1), by striking ``23,400,'' and inserting
``20 percent of the worldwide level of family-sponsored
immigrants under section 201(c)'';
(2) by striking paragraph (2) and inserting the following:
``(2) Unmarried sons and unmarried daughters of permanent
resident aliens.--Qualified immigrants who are the unmarried
sons or unmarried daughters (but are not the children) of an
alien lawfully admitted for permanent residence shall be
allocated visas in a number not to exceed 20 percent of the
worldwide level of family-sponsored immigrants under section
201(c), plus any visas not required for the class specified
in paragraph (1).'';
(3) in paragraph (3)--
(A) by striking ``23,400,'' and inserting ``20 percent of
the worldwide level of family-sponsored immigrants under
section 201(c)''; and
(B) by striking ``classes specified in paragraphs (1) and
(2).'' and inserting ``class specified in paragraph (2).'';
and
(4) in paragraph (4)--
(A) by striking ``65,000,'' and inserting ``40 percent of
the worldwide level of family-sponsored immigrants under
section 201(c)''; and
(B) by striking ``classes specified in paragraphs (1)
through (3).'' and inserting ``class specified in paragraph
(3).''.
(c) Termination of Registration.--Section 203(g) (8 U.S.C.
1153(g)) is amended to read as follows:
``(g) Lists.--
``(1) In general.--For purposes of carrying out the orderly
administration of this title, the Secretary of State may make
reasonable estimates of the anticipated numbers of immigrant
visas to be issued during any quarter of any fiscal year
within each of the categories under subsections (a), (b), and
(c) and may rely upon such estimates in authorizing the
issuance of visas.
``(2) Termination of registration.--
``(A) Information dissemination.--Not later than 180 days
after the date of the enactment of the Border Security,
Economic Opportunity, and Immigration Modernization Act, the
Secretary of Homeland Security and the Secretary of State
shall adopt a plan to broadly disseminate information to the
public regarding termination of registration procedures
described in subparagraphs (B) and (C), including procedures
for notifying the Department of Homeland Security and the
Department of State of any change of address on the part of a
petitioner or a beneficiary of an immigrant visa petition.
``(B) Termination for failure to adjust.--The Secretary of
Homeland Security shall terminate the registration of any
alien who has evidenced an intention to acquire lawful
permanent residence under section 245 and who fails to apply
to adjust status within 1 year following notification to the
alien of the availability of an immigrant visa.
``(C) Termination for failure to apply.--The Secretary of
State shall terminate the registration of any alien not
described in subparagraph (B) who fails to apply for an
immigrant visa within 1 year following notification to the
alien of the availability of such visa.
``(3) Reinstatement.--The registration of any alien that
was terminated under paragraph (2) shall be reinstated if,
within 2 years following the date of notification of the
availability of such visa, the alien demonstrates that such
failure to apply was due to good cause.''.
(d) Technical and Conforming Amendments.--
(1) Definitions.--Section 101(a)(15)(K)(ii) (8 U.S.C.
1101(a)(15)(K)(ii)) is amended by striking ``section
201(b)(2)(A)(i)'' and inserting ``section 201(b)(2) (other
than clause (v) or (vi) of subparagraph (B))''.
(2) Per country level.--Section 202(a)(1)(A) (8 U.S.C.
1152(a)(1)(A)) is amended by striking ``section
201(b)(2)(A)(i)'' and inserting ``section 201(b)(2) (other
than clause (v) or (vi) of subparagraph (B))''.
(3) Rules for determining whether certain aliens are
immediate relatives.--Section 201(f) (8 U.S.C. 1151(f)) is
amended--
(A) in paragraph (1), by striking ``paragraphs (2) and
(3),'' and inserting ``paragraph (2),'';
(B) by striking paragraph (2);
(C) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively; and
(D) in paragraph (3), as redesignated by subparagraph (C),
by striking ``through (3)'' and inserting ``and (2)''.
(4) Numerical limitation to any single foreign state.--
Section 202(a)(4) (8 U.S.C. 1152(a)(4)) is amended--
(A) by striking subparagraphs (A) and (B);
(B) by redesignating subparagraphs (C) and (D) as
subparagraphs (A) and (B), respectively; and
(C) in subparagraph (A), as redesignated by clause (ii), by
striking ``section 203(a)(2)(B)'' and inserting ``section
203(a)(2)''.
(5) Allocation of immigrant visas.--Section 203(h) (8
U.S.C. 1153(h)) is amended--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``subsections (a)(2)(A) and (d)'' and inserting ``subsection
(d)'';
(ii) in subparagraph (A), by striking ``becomes available
for such alien (or, in the case of subsection (d), the date
on which an immigrant visa number became available for the
alien's parent),'' and inserting ``became available for the
alien's parent,''; and
(iii) in subparagraph (B), by striking ``applicable'';
(B) by amending paragraph (2) to read as follows:
``(2) Petitions described.--The petition described in this
paragraph is a petition filed under section 204 for
classification of the alien's parent under subsection (a),
(b), or (c).''; and
(C) by amending paragraph (3) to read as follows:
``(3) Retention of priority date.--
``(A) Petitions filed for children.--For a petition
originally filed to classify a child under subsection (d), if
the age of the alien is determined under paragraph (1) to be
21 years of age or older on the date that a visa number
becomes available to the alien's parent who was the principal
beneficiary of the petition, then, upon the parent's
admission to lawful permanent residence in the United States,
the petition shall automatically be converted to a petition
filed by the parent
[[Page S5395]]
for classification of the alien under subsection (a)(2) and
the petition shall retain the priority date established by
the original petition.
``(B) Family and employment-based petitions.--The priority
date for any family- or employment-based petition shall be
the date of filing of the petition with the Secretary of
Homeland Security (or the Secretary of State, if applicable),
unless the filing of the petition was preceded by the filing
of a labor certification with the Secretary of Labor, in
which case that date shall constitute the priority date. The
beneficiary of any petition shall retain his or her earliest
priority date based on any petition filed on his or her
behalf that was approvable when filed, regardless of the
category of subsequent petitions.''.
(6) Procedure for granting immigrant status.--
(A) Petitioning procedure.--Section 204 (8 U.S.C. 1154) is
amended--
(i) by striking subsection (a) and inserting the following:
``(a) Petitioning Procedure.--
``(1) In general.--(A) Except as provided in subparagraph
(H), any citizen of the United States or alien lawfully
admitted for permanent residence claiming that an alien is
entitled to classification by reason of a relationship
described in subparagraph (A) or (B) of section 203(a)(1) or
to an immediate relative status under section 201(b)(2)(A)
may file a petition with the Secretary of Homeland Security
for such classification.
``(B) An alien spouse or alien child described in section
201(b)(2)(C) may file a petition with the Secretary under
this paragraph for classification of the alien (and the
alien's children) under such section.
``(C)(i) An alien who is described in clause (ii) may file
a petition with the Secretary under this subparagraph for
classification of the alien (and any child of the alien) if
the alien demonstrates to the Secretary that--
``(I) the marriage or the intent to marry the citizen of
the United States or lawful permanent resident was entered
into in good faith by the alien; and
``(II) during the marriage or relationship intended by the
alien to be legally a marriage, the alien or a child of the
alien has been battered or has been the subject of extreme
cruelty perpetrated by the alien's spouse or intended spouse.
``(ii) For purposes of clause (i), an alien described in
this clause is an alien--
``(I)(aa) who is the spouse of a citizen of the United
States or lawful permanent resident;
``(bb) who believed that he or she had married a citizen of
the United States or lawful permanent resident and with whom
a marriage ceremony was actually performed and who otherwise
meets any applicable requirements under this Act to establish
the existence of and bona fides of a marriage, but whose
marriage is not legitimate solely because of the bigamy of
such citizen of the United States or lawful permanent
resident; or
``(cc) who was a bona fide spouse of a citizen of the
United States or a lawful permanent resident within the past
2 years and--
``(AA) whose spouse died within the past 2 years;
``(BB) whose spouse renounced citizenship status or
renounced or lost status as a lawful permanent resident
within the past 2 years related to an incident of domestic
violence; or
``(CC) who demonstrates a connection between the legal
termination of the marriage within the past 2 years and
battering or extreme cruelty by a spouse who is a citizen of
the United States or a lawful permanent resident spouse;
``(II) who is a person of good moral character;
``(III) who is eligible to be classified as an immediate
relative under section 201(b)(2)(A) or who would have been so
classified but for the bigamy of the citizen of the United
States that the alien intended to marry; and
``(IV) who has resided with the alien's spouse or intended
spouse.
``(D) An alien who is the child of a citizen or lawful
permanent resident of the United States, or who was a child
of a United States citizen or lawful permanent resident
parent who within the past 2 years lost or renounced
citizenship status related to an incident of domestic
violence, and who is a person of good moral character, who is
eligible to be classified as an immediate relative under
section 201(b)(2)(A), and who resides, or has resided in the
past, with the citizen or lawful permanent resident parent
may file a petition with the Secretary of Homeland Security
under this paragraph for classification of the alien (and any
child of the alien) under such section if the alien
demonstrates to the Secretary that the alien has been
battered by or has been the subject of extreme cruelty
perpetrated by the alien's citizen or lawful permanent
resident parent. For purposes of this subparagraph, residence
includes any period of visitation.
``(E) An alien who--
``(i) is the spouse, intended spouse, or child living
abroad of a citizen or lawful permanent resident who--
``(I) is an employee of the United States Government;
``(II) is a member of the uniformed services (as defined in
section 101(a) of title 10, United States Code); or
``(III) has subjected the alien or the alien's child to
battery or extreme cruelty in the United States; and
``(ii) is eligible to file a petition under subparagraph
(C) or (D),
shall file such petition with the Secretary of Homeland
Security under the procedures that apply to self-petitioners
under subparagraph (C) or (D), as applicable.
``(F) For the purposes of any petition filed under
subparagraph (C) or (D), the denaturalization, loss or
renunciation of citizenship or lawful permanent resident
status, death of the abuser, divorce, or changes to the
abuser's citizenship or lawful permanent resident status
after filing of the petition shall not adversely affect the
approval of the petition, and for approved petitions shall
not preclude the classification of the eligible self-
petitioning spouse or child as an immediate relative or
affect the alien's ability to adjust status under subsections
(a) and (c) of section 245 or obtain status as a lawful
permanent resident based on the approved self-petition under
such clauses.
``(G) An alien may file a petition with the Secretary of
Homeland Security under this paragraph for classification of
the alien under section 201(b)(2)(A) if the alien--
``(i) is the parent of a citizen of the United States or
was a parent of a citizen of the United States who, within
the past 2 years, lost or renounced citizenship status
related to an incident of domestic violence or died;
``(ii) is a person of good moral character;
``(iii) is eligible to be classified as an immediate
relative under section 201(b)(2)(A);
``(iv) resides, or has resided, with the citizen daughter
or son; and
``(v) demonstrates that the alien has been battered or
subject to extreme cruelty by the citizen daughter or son.
``(H)(i) Subparagraph (A) shall not apply to a citizen of
the United States who has been convicted of a specified
offense against a minor, unless the Secretary of Homeland
Security, in the Secretary's sole and unreviewable
discretion, determines that the citizen poses no risk to the
alien with respect to whom a petition described in
subparagraph (A) is filed.
``(ii) For purposes of clause (i), the term `specified
offense against a minor' has the meaning given such term in
section 111 of the Adam Walsh Child Protection and Safety Act
of 2006 (42 U.S.C. 16911).
``(2) Determination of good moral character.--
Notwithstanding section 101(f), an act or conviction that is
waivable with respect to the petitioner for purposes of a
determination of the petitioner's admissibility under section
212(a) or deportability under section 237(a) shall not bar
the Secretary of Homeland Security from finding the
petitioner to be of good moral character under subparagraph
(C) or (D) of paragraph (1), if the Secretary finds that the
act or conviction was connected to the alien's having been
battered or subjected to extreme cruelty.
``(3) Preference status.--(A)(i) Any child who attains 21
years of age who has filed a petition under paragraph (1)(D)
that was filed or approved before the date on which the child
attained 21 years of age shall be considered (if the child
has not been admitted or approved for lawful permanent
residence by the date the child attained 21 years of age) a
petitioner for preference status under paragraph (1), (2), or
(3) of section 203(a), whichever paragraph is applicable,
with the same priority date assigned to the self-petition
filed under paragraph (1)(D). No new petition shall be
required to be filed.
``(ii) Any individual described in clause (i) is eligible
for deferred action and work authorization.
``(iii) Any derivative child who attains 21 years of age
who is included in a petition described in subparagraph (B)
that was filed or approved before the date on which the child
attained 21 years of age shall be considered (if the child
has not been admitted or approved for lawful permanent
residence by the date the child attained 21 years of age) a
VAWA self-petitioner with the same priority date as that
assigned to the petitioner in any petition described in
subparagraph (B). No new petition shall be required to be
filed.
``(iv) Any individual described in clause (iii) and any
derivative child of a petitioner described in subparagraph
(B) is eligible for deferred action and work authorization.
``(B) The petition referred to in subparagraph (A)(iii) is
a petition filed by an alien under subparagraph (C) or (D) of
paragraph (1) in which the child is included as a derivative
beneficiary.
``(C) Nothing in the amendments made by the Child Status
Protection Act (Public Law 107-208; 116 Stat. 927) shall be
construed to limit or deny any right or benefit provided
under this paragraph.
``(D) Any alien who benefits from this paragraph may adjust
status in accordance with subsections (a) and (c) of section
245 as an alien having an approved petition for
classification under subparagraph (C) or (D) of paragraph
(1).
``(E) For purposes of this paragraph, an individual who is
not less than 21 years of age, who qualified to file a
petition under paragraph (1)(D) as of the minute before the
date on which the individual attained 21 years of age, and
who did not file such a petition before such day, shall be
treated as having filed a petition under such paragraph as of
such day if a petition is filed for the status described in
such paragraph before the individual attains 25 years of age
and the individual shows that the abuse was at least 1
central reason for the filing delay. Subparagraphs (A)
through (D) shall apply to an individual described in this
subparagraph in the same manner as an individual filing a
petition under paragraph (1)(D).
[[Page S5396]]
``(4) Classification as alien with extraordinary ability.--
Any alien desiring to be classified under subparagraph (I),
(J), (K), (L), or (M) of section 201(b)(1) or section
203(b)(1)(A), or any person on behalf of such an alien, may
file a petition with the Secretary of Homeland Security for
such classification.
``(5) Classification as employment-based immigrant.--Any
employer desiring and intending to employ within the United
States an alien entitled to classification under paragraph
(1)(B), (1)(C), (2), or (3) of section 203(b) may file a
petition with the Secretary of Homeland Security for such
classification.
``(6) Classification as special immigrant.--(A) Any alien
(other than a special immigrant under section 101(a)(27)(D))
desiring to be classified under section 203(b)(4), or any
person on behalf of such an alien, may file a petition with
the Secretary of Homeland Security for such classification.
``(B) Aliens claiming status as a special immigrant under
section 101(a)(27)(D) may file a petition only with the
Secretary of State and only after notification by the
Secretary that such status has been recommended and approved
pursuant to such section.
``(7) Classification as immigrant investor.--Any alien
desiring to be classified under paragraph (5) or (6) of
section 203(b) may file a petition with the Secretary of
Homeland Security for such classification.
``(8) Diversity visa.--(A) Any alien desiring to be
provided an immigrant visa under section 203(c) may file a
petition at the place and time determined by the Secretary of
State by regulation. Only 1 such petition may be filed by an
alien with respect to any petitioning period established. If
more than 1 petition is submitted all such petitions
submitted for such period by the alien shall be voided.
``(B)(i) The Secretary of State shall designate a period
for the filing of petitions with respect to visas which may
be issued under section 203(c) for the fiscal year beginning
after the end of the period.
``(ii) Aliens who qualify, through random selection, for a
visa under section 203(c) shall remain eligible to receive
such visa only through the end of the specific fiscal year
for which they were selected.
``(iii) The Secretary of State shall prescribe such
regulations as may be necessary to carry out this
subparagraph.
``(C) A petition under this paragraph shall be in such form
as the Secretary of State may by regulation prescribe and
shall contain such information and be supported by such
documentary evidence as the Secretary of State may require.
``(D) Each petition to compete for consideration for a visa
under section 203(c) shall be accompanied by a fee equal to
$30. All amounts collected under this subparagraph shall be
deposited into the Treasury as miscellaneous receipts.
``(9) Consideration of credible evidence.--In acting on
petitions filed under subparagraph (C) or (D) of paragraph
(1), or in making determinations under paragraphs (2) and
(3), the Secretary of Homeland Security shall consider any
credible evidence relevant to the petition. The determination
of what evidence is credible and the weight to be given that
evidence shall be within the sole discretion of the
Secretary.
``(10) Work authorization.--(A) Upon the approval of a
petition as a VAWA self-petitioner, the alien--
``(i) is eligible for work authorization; and
``(ii) may be provided an `employment authorized'
endorsement or appropriate work permit incidental to such
approval.
``(B) Notwithstanding any provision of this Act restricting
eligibility for employment in the United States, the
Secretary of Homeland Security shall grant employment
authorization to an alien who has filed an application for
status as a VAWA self-petitioner on the date that is the
earlier of--
``(i) the date on which the alien's application for such
status is approved; or
``(ii) a date determined by the Secretary that is not later
than 180 days after the date on which the alien filed the
application.
``(11) Limitation.--Notwithstanding paragraphs (1) through
(10), an individual who was a VAWA petitioner or who had the
status of a nonimmigrant under subparagraph (T) or (U) of
section 101(a)(15) may not file a petition for classification
under this section or section 214 to classify any person who
committed the battery or extreme cruelty or trafficking
against the individual (or the individual's child), which
established the individual's (or individual's child's)
eligibility as a VAWA petitioner or for such nonimmigrant
status.'';
(ii) in subsection (c)(1), by striking ``or preference
status''; and
(iii) in subsection (h), by striking ``or a petition filed
under subsection (a)(1)(B)(ii)''.
(B) Conforming amendments.--The Act (8 U.S.C. 1101 et seq.)
is amended--
(i) in section 101(a)--
(I) in paragraph (15)(K), by striking
``204(a)(1)(A)(viii)(I)'' each place such term appears and
inserting ``204(a)(1)(H)(i)'';
(II) in paragraph (50), by striking
``204(a)(1)(A)(iii)(II)(aa)(BB),
204(a)(1)(B)(ii)(II)(aa)(BB),'' and inserting
``204(a)(1)(C)(ii)(I)(bb) or''; and
(III) in paragraph (51)--
(aa) in subparagraph (A), by striking ``204(a)(1)(A)'' and
inserting ``204(a)(1)'';
(bb) by striking subparagraph (B); and
(cc) by redesignating subparagraphs (C), (D), (E), (F), and
(G) as subparagraphs (B), (C), (D), (E), and (F),
respectively;
(ii) in section 212(a)(4)(C)(i)--
(I) in subclause (I), by striking ``clause (ii), (iii), or
(iv) of section 204(a)(1)(A), or'' and inserting
``subparagraph (B), (C), or (D) of section 204(a)(1);'';
(II) by striking subclause (II); and
(III) by redesignating subclause (III) as subclause (II);
(iii) in section 216(c)(4)(D), by striking
``204(a)(1)(A)(iii)(II)(aa)(BB)'' and inserting
``204(a)(1)(C)(ii)(I)(bb)''; and
(iv) in section 240(c)(7)(C)(iv)(I), by striking ``clause
(iii) or (iv) of section 204(a)(1)(A), clause (ii) or (iii)
of section 204(a)(1)(B),'' and inserting ``subparagraph (C)
or (D) of section 204(a)(1),''.
(7) Excludable aliens.--Section 212(d)(12)(B) (8 U.S.C.
1182(d)(12)(B)) is amended by striking ``section
201(b)(2)(A)'' and inserting ``section 201(b)(2) (other than
subparagraph (B)(vi))''.
(8) Admission of nonimmigrants.--Section 214(r)(3)(A) (8
U.S.C. 1184(r)(3)(A)) is amended by striking ``section
201(b)(2)(A)(i).'' and inserting ``section 201(b)(2) (other
than clause (v) or (vi) of subparagraph (B)).''.
(9) Refugee crisis in iraq act of 2007.--Section 1243(a)(4)
of the Refugee Crisis in Iraq Act of 2007 (8 U.S.C. 1157
note) is amended by striking ``section 201(b)(2)(A)(i)'' and
inserting ``section 201(b)(2) (other than clause (v) or (vi)
of subparagraph (B))''.
(10) Processing of visa applications.--Section 233 of the
Department of State Authorization Act, Fiscal Year 2003 (8
U.S.C. 1201 note) is amended by striking ``section
201(b)(2)(A)(i)'' and inserting ``section 201(b)(2) (other
than clause (v) or (vi) of subparagraph (B))''.
(11) Adjustment of status.--Section 245(a) (8 U.S.C.
1255(a)) is amended to read as follows:
``(a)(1) The status of an alien who was inspected and
admitted or paroled into the United States or the status of
any other alien having an approved petition for
classification as a VAWA self-petitioner may be adjusted by
the Attorney General or the Secretary of Homeland Security,
in the Attorney General's or the Secretary's discretion and
under such regulations as the Attorney General or Secretary
may prescribe, to that of an alien lawfully admitted for
permanent residence (regardless of whether the alien has
already been admitted for permanent residence) if--
``(A) the alien makes an application for such adjustment;
``(B) the alien is eligible to receive an immigrant visa
and is admissible to the United States for permanent
residence; and
``(C) subject to paragraph (2), an immigrant visa is
immediately available to the alien at the time the alien's
application is filed.
``(2)(A) An application that is based on a petition
approved or approvable under subparagraph (A) or (B) of
section 204(a)(1) may be filed without regard to the
limitation set forth in paragraph (1)(C).
``(B) An application for adjustment filed for an alien
under this paragraph may not be approved until such time as
an immigrant visa becomes available for the alien.''.
(e) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.
SEC. 2306. NUMERICAL LIMITATIONS ON INDIVIDUAL FOREIGN
STATES.
(a) Numerical Limitation to Any Single Foreign State.--
Section 202(a)(2) (8 U.S.C. 1152(a)(2)) is amended--
(1) in the paragraph heading, by striking ``and employment-
based'';
(2) by striking ``(3), (4), and (5),'' and inserting ``(3)
and (4),'';
(3) by striking ``subsections (a) and (b) of section 203''
and inserting ``section 203(a)'';
(4) by striking ``7'' and inserting ``15''; and
(5) by striking ``such subsections'' and inserting ``such
section''.
(b) Conforming Amendments.--Section 202 (8 U.S.C. 1152) is
amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking ``both subsections (a)
and (b) of section 203'' and inserting ``section 203(a)'';
and
(B) by striking paragraph (5); and
(2) by amending subsection (e) to read as follows:
``(e) Special Rules for Countries at Ceiling.--If it is
determined that the total number of immigrant visas made
available under section 203(a) to natives of any single
foreign state or dependent area will exceed the numerical
limitation specified in subsection (a)(2) in any fiscal year,
in determining the allotment of immigrant visa numbers to
natives under section 203(a), visa numbers with respect to
natives of that state or area shall be allocated (to the
extent practicable and otherwise consistent with this section
and section 203) in a manner so that, except as provided in
subsection (a)(4), the proportion of the visa numbers made
available under each of paragraphs (1) through (4) of section
203(a) is equal to the ratio of the total number of visas
made available under the respective paragraph to the total
number of visas made available under section 203(a).''.
(c) Country-specific Offset.--Section 2 of the Chinese
Student Protection Act of 1992 (8 U.S.C. 1255 note) is
amended--
(1) in subsection (a), by striking ``subsection (e))'' and
inserting ``subsection (d))''; and
(2) by striking subsection (d) and redesignating subsection
(e) as subsection (d).
(d) Effective Date.--The amendments made by this section
shall take effect 1 year after the date of the enactment of
this Act.
[[Page S5397]]
SEC. 2307. ALLOCATION OF IMMIGRANT VISAS.
(a) Preference Allocation for Family-sponsored
Immigrants.--
(1) In general.--Section 203(a) (8 U.S.C. 1153(a)), as
amended by section 2305(b), is further amended to read as
follows:
``(a) Preference Allocation for Family-sponsored
Immigrants.--Aliens subject to the worldwide level specified
in section 201(c) for family-sponsored immigrants shall be
allotted visas as follows:
``(1) Sons and daughters of citizens.--Qualified immigrants
who are--
``(A) the unmarried sons or unmarried daughters but not the
children of citizens of the United States shall be allocated
visas in a number not to exceed 35 percent of the worldwide
level authorized in section 201(c), plus the sum of--
``(i) the number of visas not required for the class
specified in paragraph (2) for the current fiscal year; and
``(ii) the number of visas not required for the class
specified in subparagraph (B); or
``(B) the married sons or married daughters of citizens of
the United States who are 31 years of age or younger at the
time of filing a petition under section 204 shall be
allocated visas in a number not to exceed 25 percent of the
worldwide level authorized in section 201(c), plus the number
of any visas not required for the class specified in
subparagraph (A) current fiscal year.
``(2) Sons and daughters of permanent residents.--Qualified
immigrants who are the unmarried sons or unmarried daughters
of aliens admitted for permanent residence shall be allocated
visas in a number not to exceed 40 percent of the worldwide
level authorized in section 201(c), plus any visas not
required for the class specified in paragraph (1)(A).''.
(2) Conforming amendments.--
(A) Procedure for granting immigrant status.--Section
204(f)(1) (8 U.S.C. 1154(f)(1)) is amended by striking
``section 201(b), 203(a)(1), or 203(a)(3),'' and inserting
``section 201(b) or subparagraph (A) or (B) of section
203(a)(1)''.
(B) Automatic conversion.--For the purposes of any petition
pending or approved based on a relationship described--
(i) in subparagraph (A) of section 203(a)(1) of the
Immigration and Nationality Act (8 U.S.C. 1153(a)(1)), as
amended by paragraph (1), and notwithstanding the age of the
alien, such a petition shall be deemed reclassified as a
petition based on a relationship described in subparagraph
(B) of such section 203(a)(1) upon the marriage of such
alien; or
(ii) in subparagraph (B) of such section 203(a)(1), such a
petition shall be deemed reclassified as a petition based on
a relationship described in subparagraph (A) of such section
203(a)(1) upon the legal termination of marriage or death of
such alien's spouse.
(3) Effective date.--The amendments made by this subsection
shall take effect on the first day of the first fiscal year
that begins at least 18 months following the date of the
enactment of this Act.
(b) Preference Allocation for Employment-Based
Immigrants.--
(1) In general.--Section 201(b)(1) (8 U.S.C. 1151(b)(1)),
as amended by sections 2103(c) and 2212(d), is further
amended by adding at the end the following:
``(H) Derivative beneficiaries as described in section
203(d) of employment-based immigrants under section 203(b).
``(I) Aliens with extraordinary ability in the sciences,
arts, education, business, or athletics which has been
demonstrated by sustained national or international acclaim,
if, with respect to any such alien--
``(i) the achievements of such alien have been recognized
in the field through extensive documentation;
``(ii) such alien seeks to enter the United States to
continue work in the area of extraordinary ability; and
``(iii) the entry of such alien into the United States will
substantially benefit prospectively the United States.
``(J) Aliens who are outstanding professors and researchers
if, with respect to any such alien--
``(i) the alien is recognized internationally as
outstanding in a specific academic area;
``(ii) the alien has at least 3 years of experience in
teaching or research in the academic area; and
``(iii) the alien seeks to enter the United States--
``(I) to be employed in a tenured position (or tenure-track
position) within a not for profit university or institution
of higher education to teach in the academic area;
``(II) for employment in a comparable position with a not
for profit university or institution of higher education, or
a governmental research organization, to conduct research in
the area; or
``(III) for employment in a comparable position to conduct
research in the area with a department, division, or
institute of a private employer, if the department, division,
or institute employs at least 3 persons full-time in research
activities and has achieved documented accomplishments in an
academic field.
``(K) Aliens who are multinational executives and managers
if, with respect to any such alien--
``(i) in the 3 years preceding the time of the alien's
application for classification and admission into the United
States under this subparagraph, the alien has been employed
for at least 1 year by a firm or corporation or other legal
entity or an affiliate or subsidiary thereof; and
``(ii) the alien seeks to enter the United States in order
to continue to render services to the same employer or to a
subsidiary or affiliate thereof in a capacity that is
managerial or executive.
``(L) Aliens who have earned a doctorate degree from an
institution of higher education in the United States or the
foreign equivalent.
``(M) Alien physicians who have completed the foreign
residency requirements under section 212(e) or obtained a
waiver of these requirements or an exemption requested by an
interested State agency or by an interested Federal agency
under section 214(l), including those alien physicians who
completed such service before the date of the enactment of
the Border Security, Economic Opportunity, and Immigration
Modernization Act.
``(N) Advanced degrees in a stem field.--
``(i) In general.--An immigrant who--
``(I) has earned a master's or higher degree in a field of
science, technology, engineering, or mathematics included in
the Department of Education's Classification of Instructional
Programs taxonomy within the summary groups of computer and
information sciences and support services, engineering,
mathematics and statistics, biological and biomedical
sciences, and physical sciences, from a United States
institution of higher education;
``(II) has an offer of employment from a United States
employer in a field related to such degree; and
``(III) earned the qualifying graduate degree during the 5-
year period immediately before the initial filing date of the
petition under which the nonimmigrant is a beneficiary.
``(ii) Definition.--In this subparagraph, the term `United
States institution of higher education' means an institution
that--
``(I) is described in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)) or is a proprietary
institution of higher education (as defined in section 102(b)
of such Act (20 U.S.C. 1002(b)));
``(II) was classified by the Carnegie Foundation for the
Advancement of Teaching on January 1, 2012, as a doctorate-
granting university with a very high or high level of
research activity or classified by the National Science
Foundation after the date of enactment of this subparagraph,
pursuant to an application by the institution, as having
equivalent research activity to those institutions that had
been classified by the Carnegie Foundation as being
doctorate-granting universities with a very high or high
level of research activity; and
``(III) is accredited by an accrediting body that is itself
accredited either by the Department of Education or by the
Council for Higher Education Accreditation.''.
(2) Exception from labor certification requirement for stem
immigrants.--Section 212(a)(5)(D) (8 U.S.C. 1182(a)(5)(D)) is
amended to read as follows:
``(D) Application of grounds.--
``(i) In general.--Except as provided in clause (ii), the
grounds for inadmissibility of aliens under subparagraphs (A)
and (B) shall apply to immigrants seeking admission or
adjustment of status under paragraph (2) or (3) of section
203(b).
``(ii) Special rule for stem immigrants.--The grounds for
inadmissibility of aliens under subparagraph (A) shall not
apply to an immigrant seeking admission or adjustment of
status under section 203(b)(2)(B) or 201(b)(1)(N).''.
(c) Technical and Conforming Amendments.--
(1) Treatment of derivative family members.--Section 203(d)
(8 U.S.C. 1153(d)) is amended to read as follows:
``(d) Treatment of Family Members.--If accompanying or
following to join a spouse or parent issued a visa under
subsection (a), (b), or (c), subparagraph (I), (J), (K), (L),
or (M) of section 201(b)(1), or section 201(b)(2), a spouse
or child (as defined in subparagraph (A), (B), (C), (D), or
(E) of section 101(b)(1)) shall be entitled to the same
immigrant status and the same order of consideration provided
in the respective provision.''.
(2) Aliens who are priority workers or members of the
professions holding advanced degrees.--Section 203(b) (8
U.S.C. 1153(b)) is amended--
(A) in the matter preceding paragraph (1), by striking
``Aliens'' and inserting ``Other than aliens described in
paragraph (1) or (2)(B), aliens'';
(B) in paragraph (1), by striking the matter preceding
subparagraph (A) and inserting ``Aliens described in any of
the following subparagraphs may be admitted to the United
States without respect to the worldwide level specified in
section 201(d)''; and
(C) by amending paragraph (2) to read as follows:
``(2) Aliens who are members of professions holding
advanced degrees or prospective employees of national
security facilities.--
``(A) In general.--Visas shall be made available, in a
number not to exceed 40 percent of the worldwide level
authorized in section 201(d), plus any visas not required for
the classes specified in paragraph (5) to qualified
immigrants who are either of the following:
``(i) Members of the professions holding advanced degrees
or their equivalent whose services in the sciences, arts,
professions, or business are sought by an employer in the
United States, including alien physicians holding foreign
medical degrees that have been deemed sufficient for
acceptance by an
[[Page S5398]]
accredited United States medical residency or fellowship
program.
``(ii) Prospective employees, in a research capacity, of
Federal national security, science, and technology
laboratories, centers, and agencies, if such immigrants have
been lawfully present in the United States for two years
prior to employment (unless the Secretary of Homeland
Security determines, including upon request of the
prospective laboratory, center, or agency, that exceptional
circumstances exist justifying waiver of the presence
requirement).
``(B) Waiver of job offer.--
``(i) National interest waiver.--Subject to clause (ii),
the Secretary of Homeland Security may, if the Secretary
deems it to be in the national interest, waive the
requirements of subparagraph (A) that an alien's services in
the sciences, arts, professions, or business be sought by an
employer in the United States.
``(ii) Physicians working in shortage areas or veterans
facilities.--
``(I) In general.--The Secretary shall grant a national
interest waiver pursuant to clause (i) on behalf of any alien
physician with respect to whom a petition for preference
classification has been filed under subparagraph (A) if--
``(aa) the alien physician agrees to work on a full- time
basis practicing primary care, specialty medicine, or a
combination thereof, in an area or areas designated by the
Secretary of Health and Human Services as having a shortage
of health care professionals or at a health care facility
under the jurisdiction of the Secretary of Veterans Affairs;
or
``(bb) the alien physician is pursuing such waiver based
upon service at a facility or facilities that serve patients
who reside in a geographic area or areas designated by the
Secretary of Health and Human Services as having a shortage
of health care professionals (without regard to whether such
facility or facilities are located within such an area) and a
Federal agency or a local, county, regional, or State
department of public health determines that the alien
physician's work at such facility was or will be in the
public interest.
``(II) Prohibition.--
``(aa) No permanent resident visa may be issued to an alien
physician described in subclause (I) by the Secretary of
State under section 204(b), and the Secretary of Homeland
Security may not adjust the status of such an alien physician
from that of a nonimmigrant alien to that of a permanent
resident alien under section 245, until such time as the
alien has worked full time as a physician for an aggregate of
5 years (not including the time served in the status of an
alien described in section 101(a)(15)(J)), in an area or
areas designated by the Secretary of Health and Human
Services as having a shortage of health care professionals or
at a health care facility under the jurisdiction of the
Secretary of Veterans Affairs, or at a facility or facilities
meeting the requirements of subclause (I)(bb).
``(bb) The 5-year service requirement of item (aa) shall be
counted from the date the alien physician begins work in the
shortage area in any legal status and not the date an
immigrant visa petition is filed or approved. Such service
shall be aggregated without regard to when such service began
and without regard to whether such service began during or in
conjunction with a course of graduate medical education.
``(cc) An alien physician shall not be required to submit
an employment contract with a term exceeding the balance of
the 5-year commitment yet to be served, nor an employment
contract dated within a minimum time period prior to filing
of a visa petition pursuant to this subsection.
``(dd) An alien physician shall not be required to file
additional immigrant visa petitions upon a change of work
location from the location approved in the original national
interest immigrant petition.
``(III) Statutory construction.--Nothing in this
subparagraph may be construed to prevent the filing of a
petition with the Secretary of Homeland Security for
classification under section 204(a), by an alien physician
described in subclause (I) prior to the date by which such
alien physician has completed the service described in
subclause (II) or in section 214(l).
``(C) Guidance and rules.--The Secretary may prescribe such
policy guidance and rules as the Secretary considers
appropriate for purposes of subparagraph (A) to ensure
national security and promote the interests and
competitiveness of the United States. Such rules shall
include a definition of the term `Federal national security,
science, and technology laboratories, centers, and agencies'
for purposes of clause (ii) of subparagraph (A), which shall
include the following:
``(i) The national security, science, and technology
laboratories, centers, and agencies of the Department of
Defense, the Department of Energy, the Department of Homeland
Security, the elements of the intelligence community (as that
term is defined in section 4(3) of the National Security Act
of 1947), and any other department or agency of the Federal
Government that conducts or funds research and development in
the essential national interest.
``(ii) Federally funded research and development centers
(FFRDCs) that are primarily supported by a department or
agency of the Federal Government specified in clause (i).''.
(3) Skilled workers, professionals, and other workers.--
(A) In general.--Section 203(b)(3)(A) (8 U.S.C.
1153(b)(3)(A)) is amended by striking ``in a number not to
exceed 28.6 percent of such worldwide level, plus any visas
not required for the classes specified in paragraphs (1) and
(2),'' and inserting ``in a number not to exceed 40 percent
of the worldwide level authorized in section 201(d), plus any
visas not required for the class specified in paragraph
(2),''.
(B) Medical license requirements.--Section 214(i)(2)(A) (8
U.S.C. 1184(i)(2)(A)) is amended by adding at the end
``including in the case of a medical doctor, the licensure
required to practice medicine in the United States,''.
(C) Repeal of limitation on other workers.--Section
203(b)(3) (8 U.S.C. 1153(b)(3)) is amended--
(i) by striking subparagraph (B); and
(ii) redesignated subparagraph (C) as subparagraph (B).
(4) Certain special immigrants.--Section 203(b)(4) (8
U.S.C. 1153(b)(4)) is amended by striking ``in a number not
to exceed 7.1 percent of such worldwide level,'' and
inserting ``in a number not to exceed 10 percent of the
worldwide level authorized in section 201(d), plus any visas
not required for the class specified in paragraph (3),''.
(5) Employment creation.--Section 203(b)(5)(A) (8 U.S.C.
1153(b)(5)(A)) is amended by striking ``in a number not to
exceed 7.1 percent of such worldwide level,'' and inserting
``in a number not to exceed 10 percent of the worldwide level
authorized in section 201(d), plus any visas not required for
the class specified in paragraph (4),''.
(d) Naturalization of Employees of Certain National
Security Facilities Without Regard to Residency
Requirements.--Section 316 (8 U.S.C. 1427) is amended by
adding at the end the following:
``(g)(1) Any person who, while an alien or a noncitizen
national of the United States, has been employed in a
research capacity at a Federal national security, science,
and technology laboratory, center, or agency (as defined
pursuant to section 203(b)(2)(C)) for a period or periods
aggregating one year or more may, in the discretion of the
Secretary, be naturalized without regard to the residence
requirements of this section if the person--
``(A) has complied with all requirements as determined by
the Secretary of Homeland Security, the Secretary of Defense,
the Secretary of Energy, or the head of a petitioning
department or agency of the Federal Government, including
contractual requirements to maintain employment in a research
capacity with a Federal national security, science, and
technology laboratory, center, or agency for a period not to
exceed five years; and
``(B) has favorably completed and adjudicated a background
investigation at the appropriate level, from the employing
department or agency of the Federal Government within the
last five years.
``(2) The number of aliens or noncitizen nationals
naturalized in any fiscal year under this subsection shall
not exceed a number as defined by the Secretary of Homeland
Security, in consultation with the head of the petitioning
department or agency of the Federal Government.''.
SEC. 2308. INCLUSION OF COMMUNITIES ADVERSELY AFFECTED BY A
RECOMMENDATION OF THE DEFENSE BASE CLOSURE AND
REALIGNMENT COMMISSION AS TARGETED EMPLOYMENT
AREAS.
(a) In General.--Section 203(b)(5)(B)(ii) (8 U.S.C.
1153(b)(5)(B)(ii)) is amended by inserting ``, any community
adversely affected by a recommendation by the Defense Base
Closure and Realignment Commission,'' after ``rural area''.
(b) Regulations.--The Secretary, in consultation with the
Secretary of Defense, shall implement the amendment made by
subsection (a) through appropriate regulations.
SEC. 2309. V NONIMMIGRANT VISAS.
(a) Nonimmigrant Eligibility.--Subparagraph (V) of section
101(a)(15) (8 U.S.C. 1101(a)(15)) is amended to read as
follows:
``(V)(i) subject to section 214(q)(1) and section
212(a)(4), an alien who is the beneficiary of an approved
petition under section 203(a) as--
``(I) the unmarried son or unmarried daughter of a citizen
of the United States;
``(II) the unmarried son or unmarried daughter of an alien
lawfully admitted for permanent residence; or
``(III) the married son or married daughter of a citizen of
the United States and who is 31 years of age or younger; or
``(ii) subject to section 214(q)(2), an alien who is--
``(I) the sibling of a citizen of the United States; or
``(II) the married son or married daughter of a citizen of
the United States and who is older than 31 years of age;''.
(b) Employment and Period of Admission of Nonimmigrants
Described in Section 101(a)(15)(V).--Section 214(q) (8 U.S.C.
1184(q)) is amended to read as follows:
``(q) Nonimmigrants Described in Section 101(a)(15)(V).--
``(1) Certain sons and daughters.--
``(A) Employment authorization.--The Secretary shall--
``(i) authorize a nonimmigrant admitted pursuant to section
101(a)(15)(V)(i) to engage in employment in the United States
during the period of such nonimmigrant's authorized
admission; and
``(ii) provide such a nonimmigrant with an `employment
authorized' endorsement or other appropriate document
signifying authorization of employment.
[[Page S5399]]
``(B) Termination of admission.--The period of authorized
admission for such a nonimmigrant shall terminate 30 days
after the date on which--
``(i) such nonimmigrant's application for an immigrant visa
pursuant to the approval of a petition under subsection (a)
or (c) of section 203 is denied; or
``(ii) such nonimmigrant's application for adjustment of
status under section 245 pursuant to the approval of such a
petition is denied.
``(2) Siblings and sons and daughters of citizens.--
``(A) Employment authorization.--The Secretary may not
authorize a nonimmigrant admitted pursuant to section
101(a)(15)(V)(ii) to engage in employment in the United
States.
``(B) Period of admission.--The period of authorized
admission as such a nonimmigrant may not exceed 60 days per
fiscal year.
``(C) Treatment of period of admission.--An alien admitted
under section 101(a)(15)(V) may not receive an allocation of
points pursuant to section 203(c) for residence in the United
States while admitted as such a nonimmigrant.''.
(c) Public Benefits.--A noncitizen who is lawfully present
in the United States pursuant to section 101(a)(15)(V) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(V)) is
not eligible for any means-tested public benefits (as such
term is defined and implemented in section 403 of the
Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (8 U.S.C. 1613)). A noncitizen admitted under
this section--
(1) is not entitled to the premium assistance tax credit
authorized under section 36B of the Internal Revenue Code of
1986 for his or her coverage;
(2) shall be subject to the rules applicable to individuals
not lawfully present that are set forth in subsection (e) of
such section;
(3) shall be subject to the rules applicable to individuals
not lawfully present that are set forth in section 1402(e) of
the Patient Protection and Affordable Care Act (42 U.S.C.
18071(e)); and
(4) shall be subject to the rules applicable to individuals
not lawfully present set forth in section 5000A(d)(3) of the
Internal Revenue Code of 1986.
(d) Effective Date.--The amendments made by this section
shall take effect on the first day of the first fiscal year
beginning after the date of the enactment of this Act.
SEC. 2310. FIANCEE AND FIANCE CHILD STATUS PROTECTION.
(a) Definition.--Section 101(a)(15)(K) (8 U.S.C.
1101(a)(15)(K)), as amended by section 2305(d)(6)(B)(i)(I),
is further amended--
(1) in clause (i), by inserting ``or of an alien lawfully
admitted for permanent residence'' after
``204(a)(1)(H)(i))'';
(2) in clause (ii), by inserting ``or of an alien lawfully
admitted for permanent residence'' after
``204(a)(1)(H)(i))''; and
(3) in clause (iii), by striking the semicolon and
inserting ``, provided that a determination of the age of
such child is made using the age of the alien on the date on
which the fiance, fiancee, or immigrant visa petition is
filed with the Secretary of Homeland Security to classify the
alien's parent as the fiancee or fiance of a United States
citizen or of an alien lawfully admitted for permanent
residence (in the case of an alien parent described in clause
(i)) or as the spouse of a citizen of the United States or of
an alien lawfully admitted to permanent residence under
section 201(b)(2)(A) (in the case of an alien parent
described in clause (ii));''.
(b) Adjustment of Status Authorized.--Section 214(d) (8
U.S.C. 1184(d)) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) in paragraph (1), by striking ``In the event'' and all
that follows through the end; and
(3) by inserting after paragraph (1) the following:
``(2)(A) If an alien does not marry the petitioner under
paragraph (1) within 3 months after the alien and the alien's
children are admitted into the United States, the visa
previously issued under the provisions of section
1101(a)(15)(K)(i) shall automatically expire and such alien
and children shall be required to depart from the United
States. If such aliens fail to depart from the United States,
they shall be placed in proceedings in accordance with
sections 240 and 241.
``(B) Subject to subparagraphs (C) and (D), if an alien
marries the petitioner described in section 101(a)(15)(K)(i)
within 90 days after the alien is admitted into the United
States, the Secretary or the Attorney General, subject to the
provisions of section 245(d), may adjust the status of the
alien, and any children accompanying or following to join the
alien, to that of an alien lawfully admitted for permanent
residence on a conditional basis under section 216 if the
alien and any such children apply for such adjustment and are
not determined to be inadmissible to the United States. If
the alien does not apply for such adjustment within 6 months
after the marriage, the visa issued under the provisions of
section 1101(a)(15)(K) shall automatically expire.
``(C) Paragraphs (5) and (7)(A) of section 212(a) shall not
apply to an alien who is eligible to apply for adjustment of
the alien's status to an alien lawfully admitted for
permanent residence under this section.
``(D) An alien eligible for a waiver of inadmissibility as
otherwise authorized under this Act or the Border Security,
Economic Opportunity, and Immigration Modernization Act shall
be permitted to apply for adjustment of the alien's status to
that of an alien lawfully admitted for permanent residence
under this section.''.
(c) Age Determination.--Section 245(d) (8 U.S.C. 1255(d))
is amended--
(1) by striking ``The Attorney General'' and inserting
``(1) The Secretary of Homeland Security'';
(2) in paragraph (1), as redesignated, by striking
``Attorney General'' and inserting ``Secretary''; and
(3) by adding at the end the following:
``(2) A determination of the age of an alien admitted to
the United States under section 101(a)(15)(K)(iii) shall be
made, for purposes of adjustment to the status of an alien
lawfully admitted for permanent residence on a conditional
basis under section 216, using the age of the alien on the
date on which the fiance, fiancee, or immigrant visa petition
was filed with the Secretary of Homeland Security to classify
the alien's parent as the fiancee or fiance of a United
States citizen or of an alien lawfully admitted to permanent
residence (in the case of an alien parent admitted to the
United States under section 101(a)(15)(K)(i)) or as the
spouse of a United States citizen or of an alien lawfully
admitted to permanent residence under section 201(b)(2)(A)
(in the case of an alien parent admitted to the United States
under section 101(a)(15)(K)(ii)).''.
(d) Applicability.--The amendments made by this section
shall apply to all petitions or applications described in
such amendments that are pending as of the date of the
enactment of the Border Security, Economic Opportunity, and
Immigration Modernization Act.
(e) Technical and Conforming Amendments.--
(1) Definitions.--Section 101(a)(15)(K) (8 U.S.C.
1101(a)(15)(K)), as amended by subsection (a), is further
amended--
(A) in clause (ii), by striking ``section 201(b)(2)(A)(i)''
and inserting ``section 201(b)(2)''; and
(B) in clause (iii), by striking ``section
201(b)(2)(A)(i)'' and inserting ``section 201(b)(2)''.
(2) Age determination.--Paragraph (2) of section 245(d) (8
U.S.C. 1255(d)), as added by subsection (c), is amended by
striking section ``201(b)(2)(A)(i)'' and inserting
``201(b)(2)''.
(3) Effective date.--The amendments made by this subsection
shall take effect on the first day of the first fiscal year
beginning no earlier than 1 year after the date of the
enactment of this Act.
SEC. 2311. EQUAL TREATMENT FOR ALL STEPCHILDREN.
Section 101(b)(1)(B) (8 U.S.C. 1101(b)(1)(B)) is amended by
striking ``eighteen years'' and inserting ``21 years''.
SEC. 2312. MODIFICATION OF ADOPTION AGE REQUIREMENTS.
Section 101(b)(1) (8 U.S.C. 1101(b)(1)) is amended--
(1) in subparagraph (E)--
(A) by striking ``(E)(i)'' and inserting ``(E)'';
(B) by striking ``under the age of sixteen years'' and
inserting ``younger than 18 years of age, or a child adopted
when 18 years of age or older if the adopting parent or
parents initiated the legal adoption process before the child
reached 18 years of age'';
(C) by striking ``; or'' and inserting a semicolon; and
(D) by striking clause (ii);
(2) in subparagraph (F)--
(A) by striking ``(F)(i)'' and inserting ``(F)'';
(B) by striking ``sixteen'' and inserting ``18'';
(C) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''; and
(D) by striking clause (ii); and
(3) in subparagraph (G), by striking ``16'' and inserting
``18''.
SEC. 2313. RELIEF FOR ORPHANS, WIDOWS, AND WIDOWERS.
(a) In General.--
(1) Special rule for orphans and spouses.--In applying
clauses (iii) and (iv) of section 201(b)(2)(B) of the
Immigration and Nationality Act, as added by section 2305(a)
of this Act, to an alien whose citizen or lawful permanent
resident relative died before the date of the enactment of
this Act, the alien relative may file the classification
petition under section 204(a)(1)(A)(ii) of the Immigration
and Nationality Act not later than 2 years after the date of
the enactment of this Act.
(2) Eligibility for parole.--If an alien was excluded,
deported, removed, or departed voluntarily before the date of
the enactment of this Act based solely upon the alien's lack
of classification as an immediate relative (as defined in
section 201(b)(2)(B)(iv) of the Immigration and Nationality
Act, as amended by section 2305(a) of this Act) due to the
death of such citizen or resident--
(A) such alien shall be eligible for parole into the United
States pursuant to the Secretary's discretionary authority
under section 212(d)(5) of such Act (8 U.S.C. 1182(d)(5));
and
(B) such alien's application for adjustment of status shall
be considered by the Secretary notwithstanding section
212(a)(9) of such Act (8 U.S.C. 1182(a)(9)).
(3) Eligibility for parole.--If an alien described in
section 204(l) of the Immigration
[[Page S5400]]
and Nationality Act (8 U.S.C. 1154(l)) was excluded,
deported, removed, or departed voluntarily before the date of
the enactment of this Act--
(A) such alien shall be eligible for parole into the United
States pursuant to the Secretary's discretionary authority
under section 212(d)(5) of such Act (8 U.S.C. 1182(d)(5));
and
(B) such alien's application for adjustment of status shall
be considered by the Secretary notwithstanding section
212(a)(9) of such Act (8 U.S.C. 1182(a)(9)).
(b) Processing of Immigrant Visas and Derivative
Petitions.--
(1) In general.--Section 204(b) (8 U.S.C. 1154(b)) is
amended--
(A) by striking ``After an investigation'' and inserting
``(1) After an investigation''; and
(B) by adding at the end the following:
``(2)(A) Any alien described in subparagraph (B) whose
qualifying relative died before the completion of immigrant
visa processing may have an immigrant visa application
adjudicated as if such death had not occurred. An immigrant
visa issued before the death of the qualifying relative shall
remain valid after such death.
``(B) An alien described in this subparagraph is an alien
who--
``(i) is an immediate relative (as described in section
201(b)(2)(B));
``(ii) is a family-sponsored immigrant (as described in
subsection (a) or (d) of section 203);
``(iii) is a derivative beneficiary of an employment-based
immigrant under section 203(b) (as described in section
203(d)); or
``(iv) is the spouse or child of a refugee (as described in
section 207(c)(2)) or an asylee (as described in section
208(b)(3)).''.
(2) Transition period.--
(A) In general.--Notwithstanding a denial or revocation of
an application for an immigrant visa for an alien due to the
death of the qualifying relative before the date of the
enactment of this Act, such application may be renewed by the
alien through a motion to reopen, without fee.
(B) Inapplicability of bars to entry.--Notwithstanding
section 212(a)(9) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(9)), an alien's application for an immigrant
visa shall be considered if the alien was excluded, deported,
removed, or departed voluntarily before the date of the
enactment of this Act.
(c) Naturalization.--Section 319(a) (8 U.S.C. 1430(a)) is
amended by striking ``States,'' and inserting ``States (or if
the spouse is deceased, the spouse was a citizen of the
United States),''.
(d) Waivers of Inadmissibility.--Section 212 (8 U.S.C.
1182) is amended by adding at the end the following:
``(v) Continued Waiver Eligibility for Widows, Widowers,
and Orphans.--In the case of an alien who would have been
statutorily eligible for any waiver of inadmissibility under
this Act but for the death of a qualifying relative, the
eligibility of such alien shall be preserved as if the death
had not occurred and the death of the qualifying relative
shall be the functional equivalent of hardship for purposes
of any waiver of inadmissibility which requires a showing of
hardship.''.
(e) Surviving Relative Consideration for Certain Petitions
and Applications.--Section 204(l)(1) (8 U.S.C. 1154(l)(1)) is
amended--
(1) by striking ``who resided in the United States at the
time of the death of the qualifying relative and who
continues to reside in the United States''; and
(2) by striking ``related applications,'' and inserting
``related applications (including affidavits of support),''.
(f) Family-sponsored Immigrants.--Section 212(a)(4)(C)(i)
(8 U.S.C. 1182(a)(4)(C)(i)), as amended by section
2305(d)(6)(B)(iii), is further amended by adding at the end
the following:
``(III) the status as a surviving relative under 204(l);
or''.
SEC. 2314. DISCRETIONARY AUTHORITY WITH RESPECT TO REMOVAL,
DEPORTATION, OR INADMISSIBILITY OF CITIZEN AND
RESIDENT IMMEDIATE FAMILY MEMBERS.
(a) Applications for Relief From Removal.--Section
240(c)(4) (8 U.S.C. 1229a(c)(4)) is amended by adding at the
end the following:
``(D) Judicial discretion.--In the case of an alien subject
to removal, deportation, or inadmissibility, the immigration
judge may exercise discretion to decline to order the alien
removable, deportable, or inadmissible from the United States
and terminate proceedings if the judge determines that such
removal, deportation, or inadmissibility is against the
public interest or would result in hardship to the alien's
United States citizen or lawful permanent resident parent,
spouse, or child, or the judge determines the alien is prima
facie eligible for naturalization except that this
subparagraph shall not apply to an alien whom the judge
determines--
``(i) is inadmissible or deportable under--
``(I) subparagraph (B), (C), (D)(ii), (E), (H), (I), or (J)
of section 212(a)(2);
``(II) section 212(a)(3);
``(III) subparagraph (A), (C), or (D) of section
212(a)(10); or
``(IV) paragraph (2)(A)(ii), (2)(A)(v), (2)(F), (4), or (6)
of section 237(a); or
``(ii) has--
``(I) engaged in conduct described in paragraph (8) or (9)
of section 103 of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7102); or
``(II) a felony conviction described in section 101(a)(43)
that would have been classified as an aggravated felony at
the time of conviction.''.
(b) Secretary's Discretion.--Section 212 (8 U.S.C. 1182),
as amended by section 2313(d), is further amended by adding
at the end the following:
``(w) Secretary's Discretion.--In the case of an alien who
is inadmissible under this section or deportable under
section 237, the Secretary of Homeland Security may exercise
discretion to waive a ground of inadmissibility or
deportability if the Secretary determines that such removal
or refusal of admission is against the public interest or
would result in hardship to the alien's United States citizen
or permanent resident parent, spouse, or child. This
subsection shall not apply to an alien whom the Secretary
determines--
``(1) is inadmissible or deportable under--
``(A) subparagraph (B), (C), (D)(ii), (E), (H), (I), or (J)
of subsection (a)(2);
``(B) subsection (a)(3);
``(C) subparagraph (A), (C), or (D) of subsection (a)(10);
``(D) paragraphs (2)(A)(ii), (2)(A)(v), (2)(F), or (6) of
section 237(a); or
``(E) section 240(c)(4)(D)(ii)(II); or
``(2) has--
``(A) engaged in conduct described in paragraph (8) or (9)
of section 103 of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7102); or
``(B) a felony conviction described in section 101(a)(43)
that would have been classified as an aggravated felony at
the time of conviction.''.
(c) Reinstatement of Removal Orders.--Section 241(a)(5) (8
U.S.C. 1231(a)(5)) is amended by striking the period at the
end and inserting ``, unless the alien reentered prior to
attaining the age of 18 years, or reinstatement of the prior
order of removal would not be in the public interest or would
result in hardship to the alien's United States citizen or
permanent resident parent, spouse, or child.''.
SEC. 2315. WAIVERS OF INADMISSIBILITY.
(a) Aliens Who Entered as Children.--Section
212(a)(9)(B)(iii) (8 U.S.C. 1182(a)(9)(B)(iii)) is amended by
adding at the end the following:
``(VI) Aliens who entered as children.--Clause (i) shall
not apply to an alien who is the beneficiary of an approved
petition under 101(a)(15)(H) and who has earned a
baccalaureate or higher degree from a United States
institution of higher education (as defined in section 101(a)
of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), and
had not yet reached the age of 16 years at the time of
initial entry to the United States.''.
(b) Aliens Unlawfully Present.--Section 212(a)(9)(B)(v) (8
U.S.C. 1181(a)(9)(B)(v) is amended--
(1) by striking ``spouse or son or daughter'' and inserting
``spouse, son, daughter, or parent'';
(2) by striking ``extreme''; and
(3) by inserting ``, child,'' after ``lawfully resident
spouse''.
(c) Previous Immigration Violations.--Section
212(a)(9)(C)(i) (8 U.S.C. 1182(a)(9)(C)(i)) is amended by
adding ``, other than an alien described in clause (iii) or
(iv) of subparagraph (B),'' after ``Any alien''.
(d) False Claims.--
(1) Inadmissibility.--
(A) In general.--Section 212(a)(6)(C) (8 U.S.C.
1182(a)(6)(C)) is amended to read as follows:
``(C) Misrepresentation.--
``(i) In general.--Any alien who, by fraud or willfully
misrepresenting a material fact, seeks to procure (or within
the last 3 years has sought to procure or has procured) a
visa, other documentation, or admission into the United
States or other benefit provided under this Act is
inadmissible.
``(ii) Falsely claiming citizenship.--
``(I) Inadmissibility.--Subject to subclause (II), any
alien who knowingly misrepresents himself or herself to be a
citizen of the United States for any purpose or benefit under
this chapter (including section 274A) or any other Federal or
State law is inadmissible.
``(II) Special rule for children.--An alien shall not be
inadmissible under this clause if the misrepresentation
described in subclause (I) was made by the alien when the
alien--
``(aa) was under 18 years of age; or
``(bb) otherwise lacked the mental competence to knowingly
misrepresent a claim of United States citizenship.
``(iii) Waiver.--The Attorney General or the Secretary of
Homeland Security may, in the discretion of the Attorney
General or the Secretary, waive the application of clause (i)
or (ii)(I) for an alien, regardless whether the alien is
within or outside the United States, if the Attorney General
or the Secretary finds that a determination of
inadmissibility to the United States for such alien would--
``(I) result in extreme hardship to the alien or to the
alien's parent, spouse, son, or daughter who is a citizen of
the United States or an alien lawfully admitted for permanent
residence; or
``(II) in the case of a VAWA self-petitioner, result in
significant hardship to the alien or a parent or child of the
alien who is a citizen of the United States, an alien
lawfully admitted for permanent residence, or a qualified
alien (as defined in section 431 of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1641(b))).
[[Page S5401]]
``(iv) Limitation on review.--No court shall have
jurisdiction to review a decision or action of the Attorney
General or the Secretary regarding a waiver under clause
(iii).''.
(B) Conforming amendment.--Section 212 (8 U.S.C. 1182) is
amended by striking subsection (i).
(2) Deportability.--Section 237(a)(3)(D) (8 U.S.C.
1227(a)(3)(D)) is amended to read as follows:
``(D) Falsely claiming citizenship.--Any alien described in
section 212(a)(6)(C)(ii) is deportable.''.
SEC. 2316. CONTINUOUS PRESENCE.
Section 240A(d)(1) (8 U.S.C. 1229b(d)(1)) is amended to
read as follows:
``(1) Termination of continuous period.--For purposes of
this section, any period of continuous residence or
continuous physical presence in the United States shall be
deemed to end, except in the case of an alien who applies for
cancellation of removal under subsection (b)(2), on the date
that a notice to appear is filed with the Executive Office
for Immigration Review pursuant to section 240.''.
SEC. 2317. GLOBAL HEALTH CARE COOPERATION.
(a) Temporary Absence of Aliens Providing Health Care in
Developing Countries.--
(1) In general.--Title III (8 U.S.C. 1401 et seq.) is
amended by inserting after section 317 the following:
``SEC. 317A. TEMPORARY ABSENCE OF ALIENS PROVIDING HEALTH
CARE IN DEVELOPING COUNTRIES.
``(a) In General.--Notwithstanding any other provision of
this Act, the Secretary of Homeland Security shall allow an
eligible alien and the spouse or child of such alien to
reside in a candidate country during the period that the
eligible alien is working as a physician or other health care
worker in a candidate country. During such period the
eligible alien and such spouse or child shall be considered--
``(1) to be physically present and residing in the United
States for purposes of naturalization under section 316(a);
and
``(2) to meet the continuous residency requirements under
section 316(b).
``(b) Definitions.--In this section:
``(1) Candidate country.--The term `candidate country'
means a country that the Secretary of State determines to
be--
``(A) eligible for assistance from the International
Development Association, in which the per capita income of
the country is equal to or less than the historical ceiling
of the International Development Association for the
applicable fiscal year, as defined by the International Bank
for Reconstruction and Development;
``(B) classified as a lower middle income country in the
then most recent edition of the World Development Report for
Reconstruction and Development published by the International
Bank for Reconstruction and Development and having an income
greater than the historical ceiling for International
Development Association eligibility for the applicable fiscal
year; or
``(C) qualified to be a candidate country due to special
circumstances, including natural disasters or public health
emergencies.
``(2) Eligible alien.--The term `eligible alien' means an
alien who--
``(A) has been lawfully admitted to the United States for
permanent residence; and
``(B) is a physician or other healthcare worker.
``(c) Consultation.--The Secretary of Homeland Security
shall consult with the Secretary of State in carrying out
this section.
``(d) Publication.--The Secretary of State shall publish--
``(1) not later than 180 days after the date of the
enactment of the Border Security, Economic Opportunity, and
Immigration Modernization Act, a list of candidate countries;
``(2) an updated version of the list required by paragraph
(1) not less often than once each year; and
``(3) an amendment to the list required by paragraph (1) at
the time any country qualifies as a candidate country due to
special circumstances under subsection (b)(1)(C).''.
(2) Rulemaking.--
(A) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall promulgate
regulations to carry out the amendments made by this
subsection.
(B) Content.--The regulations promulgated pursuant to
subparagraph (A) shall--
(i) permit an eligible alien (as defined in section 317A of
the Immigration and Nationality Act, as added by subsection
(a)) and the spouse or child of the eligible alien to reside
in a foreign country to work as a physician or other
healthcare worker as described in subsection (a) of such
section 317A for not less than a 12-month period and not more
than a 24-month period, and shall permit the Secretary to
extend such period for an additional period not to exceed 12
months, if the Secretary determines that such country has a
continuing need for such a physician or other healthcare
worker;
(ii) provide for the issuance of documents by the Secretary
to such eligible alien, and such spouse or child, if
appropriate, to demonstrate that such eligible alien, and
such spouse or child, if appropriate, is authorized to reside
in such country under such section 317A; and
(iii) provide for an expedited process through which the
Secretary shall review applications for such an eligible
alien to reside in a foreign country pursuant to subsection
(a) of such section 317A if the Secretary of State determines
a country is a candidate country pursuant to subsection
(b)(1)(C) of such section 317A.
(3) Technical and conforming amendments.--
(A) Definition.--Section 101(a)(13)(C)(ii) (8 U.S.C.
1101(a)(13)(C)(ii)) is amended by adding ``except in the case
of an eligible alien, or the spouse or child of such alien,
who is authorized to be absent from the United States under
section 317A,'' at the end.
(B) Documentary requirements.--Section 211(b) (8 U.S.C.
1181(b)) is amended by inserting ``, including an eligible
alien authorized to reside in a foreign country under section
317A and the spouse or child of such eligible alien, if
appropriate,'' after ``101(a)(27)(A),''.
(C) Ineligible aliens.--Section 212(a)(7)(A)(i)(I) (8
U.S.C. 1182(a)(7)(A)(i)(I)) is amended by inserting ``other
than an eligible alien authorized to reside in a foreign
country under section 317A and the spouse or child of such
eligible alien, if appropriate,'' after ``Act,''.
(4) Clerical amendment.--The table of contents of such Act
is amended by inserting after the item relating to section
317 the following:
``Sec. 317A. Temporary absence of aliens providing health care in
developing countries.''.
(b) Attestation by Health Care Workers.--
(1) Attestation requirement.--Section 212(a)(5) (8 U.S.C.
1182(a)(5)) is amended by adding at the end the following:
``(E) Health care workers with other obligations.--
``(i) In general.--An alien who seeks to enter the United
States for the purpose of performing labor as a physician or
other health care worker is inadmissible unless the alien
submits to the Secretary of Homeland Security or the
Secretary of State, as appropriate, an attestation that the
alien is not seeking to enter the United States for such
purpose during any period in which the alien has an
outstanding obligation to the government of the alien's
country of origin or the alien's country of residence.
``(ii) Obligation defined.--In this subparagraph, the term
`obligation' means an obligation incurred as part of a valid,
voluntary individual agreement in which the alien received
financial assistance to defray the costs of education or
training to qualify as a physician or other health care
worker in consideration for a commitment to work as a
physician or other health care worker in the alien's country
of origin or the alien's country of residence.
``(iii) Waiver.--The Secretary of Homeland Security may
waive a finding of inadmissibility under clause (i) if the
Secretary determines that--
``(I) the obligation was incurred by coercion or other
improper means;
``(II) the alien and the government of the country to which
the alien has an outstanding obligation have reached a valid,
voluntary agreement, pursuant to which the alien's obligation
has been deemed satisfied, or the alien has shown to the
satisfaction of the Secretary that the alien has been unable
to reach such an agreement because of coercion or other
improper means; or
``(III) the obligation should not be enforced due to other
extraordinary circumstances, including undue hardship that
would be suffered by the alien in the absence of a waiver.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date that is 180 days after the date
of the enactment of this Act.
(3) Application.--Not later than the effective date
described in paragraph (2), the Secretary shall begin to
carry out subparagraph (E) of section 212(a)(5) of the
Immigration and Nationality Act, as added by paragraph (1),
including the requirement for the attestation and the
granting of a waiver described in clause (iii) of such
subparagraph (E), regardless of whether regulations to
implement such subparagraph have been promulgated.
SEC. 2318. EXTENSION AND IMPROVEMENT OF THE IRAQI SPECIAL
IMMIGRANT VISA PROGRAM.
The Refugee Crisis in Iraq Act of 2007 (8 U.S.C. 1157 note)
is amended--
(1) in section 1242, by amending subsection (c) to read as
follows:
``(c) Improved Application Process.--Not later than 120
days after the date of the enactment of the Border Security,
Economic Opportunity, and Immigration Modernization Act, the
Secretary of State and the Secretary of Homeland Security, in
consultation with the Secretary of Defense, shall improve the
efficiency by which applications for special immigrant visas
under section 1244(a) are processed so that all steps
incidental to the issuance of such visas, including required
screenings and background checks, are completed not later
than 9 months after the date on which an eligible alien
applies for such visa.'';
(2) in section 1244--
(A) in subsection (b)--
(i) in paragraph (1)--
(I) by amending subparagraph (B) to read as follows:
``(B) was or is employed in Iraq on or after March 20,
2003, for not less than 1 year, by, or on behalf of--
``(i) the United States Government;
[[Page S5402]]
``(ii) a media or nongovernmental organization
headquartered in the United States; or
``(iii) an organization or entity closely associated with
the United States mission in Iraq that has received United
States Government funding through an official and documented
contract, award, grant, or cooperative agreement;'';
(II) in subparagraph (C), by striking ``the United States
Government'' and inserting ``an entity or organization
described in subparagraph (B)''; and
(III) in subparagraph (D), by striking by striking ``the
United States Government.'' and inserting ``such entity or
organization.''; and
(ii) in paragraph (4)--
(I) by striking ``A recommendation'' and inserting the
following:
``(A) In general.--Except as provided under subparagraph
(B), a recommendation'';
(II) by striking ``the United States Government prior'' and
inserting ``an entity or organization described in paragraph
(1)(B) prior''; and
(III) by adding at the end the following:
``(B) Review process for denial by chief of mission.--
``(i) In general.--An applicant who has been denied Chief
of Mission approval required by subparagraph (A) shall--
``(I) receive a written decision; and
``(II) be provided 120 days from the date of the decision
to request reopening of the decision to provide additional
information, clarify existing information, or explain any
unfavorable information.
``(ii) Senior coordinator.--The Secretary of State shall
designate, in the Embassy of the United States in Baghdad,
Iraq, a senior coordinator responsible for overseeing the
efficiency and integrity of the processing of special
immigrant visas under this section, who shall be given--
``(I) sufficiently high security clearance to review Chief
of Mission denials in cases that appear to have relied upon
insufficient or incorrect information; and
``(II) responsibility for ensuring that an applicant
described in clause (i) receives the information described in
clause (i)(I).''; and
(B) in subsection (c)(3), by adding at the end the
following:
``(C) Subsequent fiscal years.--Notwithstanding
subparagraphs (A) and (B), and consistent with subsection
(b), any unused balance of the total number of principal
aliens who may be provided special immigrant status under
this section in fiscal years 2008 through 2012 may be carried
forward and provided through the end of fiscal year 2018.'';
and
(3) in section 1248, by adding at the end the following:
``(f) Report on Improvements.--
``(1) In general.--Not later than 120 days after the date
of the enactment of the Border Security, Economic
Opportunity, and Immigration Modernization Act, the Secretary
of State and the Secretary of Homeland Security, in
consultation with the Secretary of Defense, shall submit a
report, with a classified annex, if necessary, to--
``(A) the Committee on the Judiciary of the Senate;
``(B) the Committee on Foreign Relations of the Senate;
``(C) the Committee on the Judiciary of the House of
Representatives; and
``(D) the Committee on Foreign Affairs of the House of
Representatives.
``(2) Contents.--The report submitted under paragraph (1)
shall describe the implementation of improvements to the
processing of applications for special immigrant visas under
section 1244(a), including information relating to--
``(A) enhancing existing systems for conducting background
and security checks of persons applying for special immigrant
status, which shall--
``(i) support immigration security; and
``(ii) provide for the orderly processing of such
applications without delay;
``(B) the financial, security, and personnel considerations
and resources necessary to carry out this subtitle;
``(C) the number of aliens who have applied for special
immigrant visas under section 1244 during each month of the
preceding fiscal year;
``(D) the reasons for the failure to expeditiously process
any applications that have been pending for longer than 9
months;
``(E) the total number of applications that are pending due
to the failure--
``(i) to receive approval from the Chief of Mission;
``(ii) for U.S. Citizenship and Immigration Services to
complete the adjudication of the Form I-360;
``(iii) to conduct a visa interview; or
``(iv) to issue the visa to an eligible alien;
``(F) the average wait times for an applicant at each of
the stages described in subparagraph (E);
``(G) the number of denials or rejections at each of the
stages described in subparagraph (E); and
``(H) a breakdown of reasons for denials at by the Chief of
Mission based on the categories already made available to
denied special immigrant visa applicants in the denial letter
sent to them by the Chief of Mission.
``(g) Public Quarterly Reports.--Not later than 120 days
after the date of the enactment of the Border Security,
Economic Opportunity, and Immigration Modernization Act, and
every 3 months thereafter, the Secretary of State and the
Secretary of Homeland Security, in consultation with the
Secretary of Defense, shall publish a report on the website
of the Department of State that describes the efficiency
improvements made in the process by which applications for
special immigrant visas under section 1244(a) are processed,
including information described in subparagraphs (C) through
(H) of subsection (f)(2).''.
SEC. 2319. EXTENSION AND IMPROVEMENT OF THE AFGHAN SPECIAL
IMMIGRANT VISA PROGRAM.
Section 602(b) of the Afghan Allies Protection Act of 2009
(8 U.S.C. 1101 note) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) by amending clause (ii) to read as follows:
``(ii) was or is employed in Afghanistan on or after
October 7, 2001, for not less than 1 year, by, or on behalf
of--
``(I) the United States Government;
``(II) a media or nongovernmental organization
headquartered in the United States; or
``(III) an organization or entity closely associated with
the United States mission in Afghanistan that has received
United States Government funding through an official and
documented contract, award, grant, or cooperative
agreement;'';
(ii) in clause (iii), by striking ``the United States
Government'' and inserting ``an entity or organization
described in clause (ii)''; and
(iii) in clause (iv), by striking by striking ``the United
States Government.'' and inserting ``such entity or
organization.'';
(B) by amending subparagraph (B) to read as follows:
``(B) Family members.--An alien is described in this
subparagraph if the alien is--
``(i) the spouse or minor child of a principal alien
described in subparagraph (A) who is accompanying or
following to join the principal alien in the United States;
or
``(ii)(I) the spouse, child, parent, or sibling of a
principal alien described in subparagraph (A), whether or not
accompanying or following to join; and
``(II) has experienced or is experiencing an ongoing
serious threat as a consequence of the qualifying employment
of a principal alien described in subparagraph (A).''; and
(C) in subparagraph (D)--
(i) by striking ``A recommendation'' and inserting the
following:
``(i) In general.--Except as provided under clause (ii), a
recommendation'';
(ii) by striking ``the United States Government prior'' and
inserting ``an entity or organization described in paragraph
(2)(A)(ii) prior''; and
(iii) by adding at the end the following:
``(ii) Review process for denial by chief of mission.--
``(I) In general.--An applicant who has been denied Chief
of Mission approval shall--
``(aa) receive a written decision; and
``(bb) be provided 120 days from the date of receipt of
such opinion to request reconsideration of the decision to
provide additional information, clarify existing information,
or explain any unfavorable information.
``(II) Senior coordinator.--The Secretary of State shall
designate, in the Embassy of the United States in Kabul,
Afghanistan, a senior coordinator responsible for overseeing
the efficiency and integrity of the processing of special
immigrant visas under this section, who shall be given--
``(aa) sufficiently high security clearance to review Chief
of Mission denials in cases that appear to have relied upon
insufficient or incorrect information; and
``(bb) responsibility for ensuring that an applicant
described in subclause (I) receives the information described
in subclause (I)(aa).'';
(2) in paragraph (3)(C), by amending clause (iii) to read
as follows:
``(iii) Fiscal years 2014 through 2018.--For each of the
fiscal years 2014 through 2018, the total number of principal
aliens who may be provided special immigrant status under
this section may not exceed the sum of--
``(I) 5,000;
``(II) the difference between the number of special
immigrant visas allocated under this section for fiscal years
2009 through 2013 and the number of such allocated visas that
were issued; and
``(III) any unused balance of the total number of principal
aliens who may be provided special immigrant status in fiscal
years 2014 through 2018 that have been carried forward.'';
(3) in paragraph (4)--
(A) in the heading, by striking ``Prohibition on fees.--''
and inserting ``Application process.--'';
(B) by striking ``The Secretary'' and inserting the
following:
``(A) In general.--Not later than 120 days after the date
of enactment of the Border Security, Economic Opportunity,
and Immigration Modernization Act, the Secretary of State and
the Secretary of Homeland Security, in consultation with the
Secretary of Defense, shall improve the efficiency by which
applications for special immigrant visas under paragraph (1)
are processed so that all steps incidental to the issuance of
such visas, including required screenings and background
checks, are completed not later than 6 months after the date
on which an eligible alien applies for such visa.
``(B) Prohibition on fees.--The Secretary''; and
(4) by adding at the end the following:
``(12) Report on improvements.--Not later than 120 days
after the date of the enactment
[[Page S5403]]
of the Border Security, Economic Opportunity, and Immigration
Modernization Act, the Secretary of State and the Secretary
of Homeland Security, in consultation with the Secretary of
Defense, shall submit to the appropriate committees of
Congress a report, with a classified annex, if necessary,
that describes the implementation of improvements to the
processing of applications for special immigrant visas under
this subsection, including information relating to--
``(A) enhancing existing systems for conducting background
and security checks of persons applying for special immigrant
status, which shall--
``(i) support immigration security; and
``(ii) provide for the orderly processing of such
applications without delay;
``(B) the financial, security, and personnel considerations
and resources necessary to carry out this section;
``(C) the number of aliens who have applied for special
immigrant visas under this subsection during each month of
the preceding fiscal year;
``(D) the reasons for the failure to expeditiously process
any applications that have been pending for longer than 9
months;
``(E) the total number of applications that are pending due
to the failure--
``(i) to receive approval from the Chief of Mission;
``(ii) for U.S. Citizenship and Immigration Services to
complete the adjudication of the Form I-360;
``(iii) to conduct a visa interview; or
``(iv) to issue the visa to an eligible alien;
``(F) the average wait times for an applicant at each of
the stages described in subparagraph (E);
``(G) the number of denials or rejections at each of the
stages described in subparagraph (E); and
``(H) a breakdown of reasons for denials by the Chief of
Mission based on the categories already made available to
denied special immigrant visa applicants in the denial letter
sent to them by the Chief of Mission.
``(13) Public quarterly reports.--Not later than 120 days
after the date of the enactment of the Border Security,
Economic Opportunity, and Immigration Modernization Act, and
every 3 months thereafter, the Secretary of State and the
Secretary of Homeland Security, in consultation with the
Secretary of Defense, shall publish a report on the website
of the Department of State that describes the efficiency
improvements made in the process by which applications for
special immigrant visas under this subsection are processed,
including information described in subparagraph (C) through
(H) of paragraph (12).''.
SEC. 2320. SPECIAL IMMIGRANT NONMINISTER RELIGIOUS WORKER
PROGRAM.
Section 101(a)(27)(C)(ii) (8 U.S.C. 1101 (a)(27)(C)(ii)) is
amended in subclauses (II) and (III) by striking ``before
September 30, 2015,'' both places such term appears.
SEC. 2321. SPECIAL IMMIGRANT STATUS FOR CERTAIN SURVIVING
SPOUSES AND CHILDREN.
(a) In General.--Section 101(a)(27) (8 U.S.C. 1101(a)(27))
is amended in subparagraph (D)--
(1) by inserting ``(i)'' before ``an immigrant who is an
employee'';
(2) by inserting ``or'' after ``grant such status;''; and
(3) by inserting after clause (i), as designated by
paragraph (1), the following:
``(ii) an immigrant who is the surviving spouse or child of
an employee of the United States Government abroad killed in
the line of duty, provided that the employee had performed
faithful service for a total of 15 years, or more, and that
the principal officer of a Foreign Service establishment (or,
in the case of the American Institute of Taiwan, the Director
thereof) in his or her discretion, recommends the granting of
special immigrant status to the spouse or child and the
Secretary of State approves such recommendation and finds
that it is in the national interest to grant such status;''.
(b) Effective Date.--The amendments made by subsection (a)
take effect beginning on January 31, 2013, and shall have
retroactive effect.
SEC. 2322. REUNIFICATION OF CERTAIN FAMILIES OF FILIPINO
VETERANS OF WORLD WAR II.
(a) Short Title.--This section may be cited as the
``Filipino Veterans Family Reunification Act''.
(b) Exemption From Immigrant Visa Limit.--Section 201(b)(1)
(8 U.S.C. 1151(b)(1)), as amended by sections 2103(c),
2212(d), and 2307(b), is further amended by adding at the end
the following:
``(O) Aliens who--
``(i) are the sons or daughters of a citizen of the United
States; and
``(ii) have a parent (regardless of whether the parent is
living or dead) who was naturalized pursuant to--
``(I) section 405 of the Immigration Act of 1990 (Public
Law 101-649; 8 U.S.C. 1440 note); or
``(II) title III of the Act of October 14, 1940 (54 Stat.
1137, chapter 876), as added by section 1001 of the Second
War Powers Act, 1942 (56 Stat. 182, chapter 199).''.
SEC. 2323. ENSURING COMPLIANCE WITH RESTRICTIONS ON WELFARE
AND PUBLIC BENEFITS FOR ALIENS.
(a) General Prohibition.--No officer or employee of the
Federal Government may--
(1) waive compliance with any requirement in title IV of
the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1601 et seq.) in effect
on the date of enactment of this Act or with any restriction
on eligibility for any form of assistance or benefit
described in section 403(a) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1613(a)) established under a provision of this Act or an
amendment made by this Act;
(2) waive the prohibition under subsection (d)(3) of
section 245B of the Immigration and Nationality Act (as added
by section 2101 of this Act) on eligibility for Federal
means-tested public benefits for any alien granted registered
provisional immigrant status under section 245B of the
Immigration and Nationality Act;
(3) waive the prohibition under subsection (c)(3) of
section 2211 of this Act on eligibility for Federal means-
tested public benefits for any alien granted blue card status
under that section;
(4) waive the prohibition under subsection (c) of section
2309 of this Act on eligibility for Federal means-tested
public benefits for any noncitizen who is lawfully present in
the United States pursuant to section 101(a)(15)(V) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(V)) (as
amended by section 2309(a)); or
(5) waive the prohibition under subsection (w)(2)(C) of
section 214 of the Immigration and Nationality Act (8 U.S.C.
1184(w)(2)(C)) (as added by section 4504(b) of this Act) on
eligibility for any assistance or benefits described in
section 403(a) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(a)) for
any alien described in section 101(a)(15)(Y) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(Y) (as
added by section 4504 of this Act) who is issued a
nonimmigrant visa.
(b) Ensuring Compliance With Federal Welfare Law.--
(1) No waiver of requirements.--Notwithstanding section
1115(a) of the Social Security Act (42 U.S.C. 1315(a)), the
Secretary of Health and Human Services shall not waive
compliance by a State, or otherwise permit a State to not
comply, with the requirements for the temporary assistance
for needy families program referenced in section 408(e) of
the Social Security Act (42 U.S.C. 608(e)) and the
requirements for that program in section 408(g) of such Act
(42 U.S.C. 608(g)).
(2) No waiver of penalties.--The Secretary of Health and
Human Services shall apply section 409 of the Social Security
Act (42 U.S.C. 609) to any State that fails to comply with
any of the requirements specified in paragraph (1).
Subtitle D--Conrad State 30 and Physician Access
SEC. 2401. CONRAD STATE 30 PROGRAM.
Section 220(c) of the Immigration and Nationality Technical
Corrections Act of 1994 (Public Law 103-416; 8 U.S.C. 1182
note) is amended by striking ``and before September 30,
2015''.
SEC. 2402. RETAINING PHYSICIANS WHO HAVE PRACTICED IN
MEDICALLY UNDERSERVED COMMUNITIES.
Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by
sections 2103(c), 2212(d)(2), 2307(b), and 2323(b) is further
amended by adding at the end the following:
``(P)(i) Alien physicians who have completed service
requirements of a waiver requested under section
203(b)(2)(B)(ii), including alien physicians who completed
such service before the date of the enactment of the Border
Security, Economic Opportunity, and Immigration Modernization
Act and any spouses or children of such alien physicians.
``(ii) Nothing in this subparagraph may be construed--
``(I) to prevent the filing of a petition with the
Secretary of Homeland Security for classification under
section 204(a) or the filing of an application for adjustment
of status under section 245 by an alien physician described
in this subparagraph prior to the date by which such alien
physician has completed the service described in section
214(l) or worked full-time as a physician for an aggregate of
5 years at the location identified in the section 214(l)
waiver or in an area or areas designated by the Secretary of
Health and Human Services as having a shortage of health care
professionals; or
``(II) to permit the Secretary of Homeland Security to
grant such a petition or application until the alien has
satisfied all the requirements of the waiver received under
section 214(l).''.
SEC. 2403. EMPLOYMENT PROTECTIONS FOR PHYSICIANS.
(a) In General.--Section 214(l)(1)(C) (8 U.S.C.
1184(l)(1)(C)) is amended by striking clauses (i) and (ii)
and inserting the following:
``(i) the alien demonstrates a bona fide offer of full-time
employment, at a health care organization, which employment
has been determined by the Secretary of Homeland Security to
be in the public interest; and
``(ii) the alien agrees to begin employment with the health
facility or health care organization in a geographic area or
areas which are designated by the Secretary of Health and
Human Services as having a shortage of health care
professionals by the later of the date that is 90 days after
receiving such waiver, 90 days after completing graduate
medical education or training under a program approved
pursuant to section 212(j)(1), or 90 days after receiving
nonimmigrant status or employment authorization, provided
that the alien or the alien's employer petitions for such
nonimmigrant status or employment authorization within 90
days of completing graduate medical education or
[[Page S5404]]
training and agrees to continue to work for a total of not
less than 3 years in any status authorized for such
employment under this subsection, unless--
``(I) the Secretary determines that extenuating
circumstances exist that justify a lesser period of
employment at such facility or organization, in which case
the alien shall demonstrate another bona fide offer of
employment at a health facility or health care organization,
for the remainder of such 3-year period;
``(II) the interested agency that requested the waiver
attests that extenuating circumstances exist that justify a
lesser period of employment at such facility or organization
in which case the alien shall demonstrate another bona fide
offer of employment at a health facility or health care
organization so designated by the Secretary of Health and
Human Services, for the remainder of such 3-year period; or
``(III) if the alien elects not to pursue a determination
of extenuating circumstances pursuant to subclause (I) or
(II), the alien terminates the alien's employment
relationship with such facility or organization, in which
case the alien shall be employed for the remainder of such 3-
year period, and 1 additional year for each termination, at
another health facility or health care organization in a
geographic area or areas which are designated by the
Secretary of Health and Human Services as having a shortage
of health care professionals; and''.
(b) Physician Employment in Underserved Areas.--Section
214(l)(1) (8 U.S.C. 1184(l)(1)), as amended by subsection
(a), is further amended by adding at the end the following:
``(E) If a physician pursuing graduate medical education or
training pursuant to section 101(a)(15)(J) applies for a
Conrad J-1 waiver with an interested State department of
health and the application is denied because the State has
requested the maximum number of waivers permitted for that
fiscal year, the physician's nonimmigrant status shall be
automatically extended for 6 months if the physician agrees
to seek a waiver under this subsection (except for
subparagraph (D)(ii)) to work for an employer in a State that
has not yet requested the maximum number of waivers. The
physician shall be authorized to work only for such employer
from the date on which a new waiver application is filed with
the State until the date on which the Secretary of Homeland
Security denies such waiver or issues work authorization for
such employment pursuant to the approval of such waiver.''.
(c) Graduate Medical Education or Training.--Section
214(h)(1), as amended by section 4401(b) of this Act, is
further amended by inserting ``(J) (if entering the United
States for graduate medical education or training),'' after
``(H)(i)(c),''.
(d) Contract Requirements.--Section 214(l) (8 U.S.C.
1184(l)) is amended by adding at the end the following:
``(4) An alien granted a waiver under paragraph (1)(C)
shall enter into an employment agreement with the contracting
health facility or health care organization that--
``(A) specifies the maximum number of on-call hours per
week (which may be a monthly average) that the alien will be
expected to be available and the compensation the alien will
receive for on-call time;
``(B) specifies whether the contracting facility or
organization will pay for the alien's malpractice insurance
premiums, including whether the employer will provide
malpractice insurance and, if so, the amount of such
insurance that will be provided;
``(C) describes all of the work locations that the alien
will work and a statement that the contracting facility or
organization will not add additional work locations without
the approval of the Federal agency or State agency that
requested the waiver; and
``(D) does not include a non-compete provision.
``(5) An alien granted a waiver under paragraph (1)(C)
whose employment relationship with a health facility or
health care organization terminates during the 3-year service
period required by such paragraph--
``(A) shall have a period of 120 days beginning on the date
of such termination of employment to submit to the Secretary
of Homeland Security applications or petitions to commence
employment with another contracting health facility or health
care organization in a geographic area or areas which are
designated by the Secretary of Health and Human Services as
having a shortage of health care professionals;
``(B) shall be considered to be maintaining lawful status
in an authorized stay during the 120-day period referred to
in subsection (A); and
``(C) shall not be considered to be fulfilling the 3-year
term of service during the 120-day period referred to in
subparagraph (A).''.
SEC. 2404. ALLOTMENT OF CONRAD 30 WAIVERS.
(a) In General.--Section 214(l) (8 U.S.C. 1184(l)), as
amended by section 2403, is further amended by adding at the
end the following:
``(6)(A)(i) All States shall be allotted a total of 35
waivers under paragraph (1)(B) for a fiscal year if 90
percent of the waivers available to the States receiving at
least 5 waivers were used in the previous fiscal year.
``(ii) When an allocation has occurred under clause (i),
all States shall be allotted an additional 5 waivers under
paragraph (1)(B) for each subsequent fiscal year if 90
percent of the waivers available to the States receiving at
least 5 waivers were used in the previous fiscal year. If the
States are allotted 45 or more waivers for a fiscal year, the
States will only receive an additional increase of 5 waivers
the following fiscal year if 95 percent of the waivers
available to the States receiving at least 1 waiver were used
in the previous fiscal year.
``(B) Any increase in allotments under subparagraph (A)
shall be maintained indefinitely, unless in a fiscal year,
the total number of such waivers granted is 5 percent lower
than in the last year in which there was an increase in the
number of waivers allotted pursuant to this paragraph, in
which case--
``(i) the number of waivers allotted shall be decreased by
5 for all States beginning in the next fiscal year; and
``(ii) each additional 5 percent decrease in such waivers
granted from the last year in which there was an increase in
the allotment, shall result in an additional decrease of 5
waivers allotted for all States, provided that the number of
waivers allotted for all States shall not drop below 30.''.
(b) Academic Medical Centers.--Section 214(l)(1)(D) (8
U.S.C. 1184(l)(1)(D)) is amended--
(1) in clause (ii), by striking ``and'' at the end;
(2) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(iv) in the case of a request by an interested State
agency--
``(I) the head of such agency determines that the alien is
to practice medicine in, or be on the faculty of a residency
program at, an academic medical center (as that term is
defined in section 411.355(e)(2) of title 42, Code of Federal
Regulations, or similar successor regulation), without regard
to whether such facility is located within an area designated
by the Secretary of Health and Human Services as having a
shortage of health care professionals; and
``(II) the head of such agency determines that--
``(aa) the alien physician's work is in the public
interest; and
``(bb) the grant of such waiver would not cause the number
of the waivers granted on behalf of aliens for such State for
a fiscal year (within the limitation in subparagraph (B) and
subject to paragraph (6)) in accordance with the conditions
of this clause to exceed 3.''.
SEC. 2405. AMENDMENTS TO THE PROCEDURES, DEFINITIONS, AND
OTHER PROVISIONS RELATED TO PHYSICIAN
IMMIGRATION.
(a) Allowable Visa Status for Physicians Fulfilling Waiver
Requirements in Medically Underserved Areas.--Section
214(l)(2)(A) (8 U.S.C. 1184(l)(2)(A)) is amended by striking
``an alien described in section 101(a)(15)(H)(i)(b).'' and
inserting ``any status authorized for employment under this
Act.''.
(b) Short Term Work Authorization for Physicians Completing
Their Residencies.--A physician completing graduate medical
education or training as described in section 212(j) of the
Immigration and Nationality Act (8 U.S.C. 1182(j)) as a
nonimmigrant described in section 101(a)(15)(H)(i) of such
Act (8 U.S.C. 1101(a)(15)(H)(i)) shall have such nonimmigrant
status automatically extended until October 1 of the fiscal
year for which a petition for a continuation of such
nonimmigrant status has been submitted in a timely manner and
where the employment start date for the beneficiary of such
petition is October 1 of that fiscal year. Such physician
shall be authorized to be employed incident to status during
the period between the filing of such petition and October 1
of such fiscal year. However, the physician's status and
employment authorization shall terminate 30 days from the
date such petition is rejected, denied, or revoked. A
physician's status and employment authorization will
automatically extend to October 1 of the next fiscal year if
all visas as described in such section 101(a)(15)(H)(i)
authorized to be issued for the fiscal year have been issued.
(c) Applicability of Section 212(e) to Spouses and Children
of J-1 Exchange Visitors.--A spouse or child of an exchange
visitor described in section 101(a)(15)(J) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)(J)) shall not be
subject to the requirements of section 212(e) of the
Immigration and Nationality Act (8 U.S.C. 1182(e)).
Subtitle E--Integration
SEC. 2501. DEFINITIONS.
In this subtitle:
(1) Chief.--The term ``Chief'' means the Chief of the
Office.
(2) Foundation.--The term ``Foundation'' means the United
States Citizenship Foundation established pursuant to section
2531.
(3) IEACA grants.--The term ``IEACA grants'' means Initial
Entry, Adjustment, and Citizenship Assistance grants
authorized under section 2537.
(4) Immigrant integration.--The term ``immigrant
integration'' means the process by which immigrants--
(A) join the mainstream of civic life by engaging and
sharing ownership in their local community, the United
States, and the principles of the Constitution;
(B) attain financial self-sufficiency and upward economic
mobility for themselves and their family members; and
(C) acquire English language skills and related cultural
knowledge necessary to effectively participate in their
community.
[[Page S5405]]
(5) Linguistic integration.--The term ``linguistic
integration'' means the acquisition, by limited English
proficient individuals, of English language skills and
related cultural knowledge necessary to meaningfully and
effectively fulfill their roles as community members, family
members, and workers.
(6) Office.--The term ``Office'' means the Office of
Citizenship and New Americans established in U.S. Citizenship
and Immigration Services under section 2511.
(7) Receiving communities.--The term ``receiving
communities'' means the long-term residents of the
communities in which immigrants settle.
(8) Task force.--The term ``Task Force'' means the Task
Force on New Americans established pursuant to section 2521.
(9) USCF council.--The term ``USCF Council'' means the
Council of Directors of the Foundation.
CHAPTER 1--CITIZENSHIP AND NEW AMERICANS
Subchapter A--Office of Citizenship and New Americans
SEC. 2511. OFFICE OF CITIZENSHIP AND NEW AMERICANS.
(a) Renaming Office of Citizenship.--
(1) In general.--Beginning on the date of the enactment of
this Act, the Office of Citizenship in U.S. Citizenship and
Immigration Services shall be referred to as the ``Office of
Citizenship and New Americans''.
(2) References.--Any reference in a law, regulation,
document, paper, or other record of the United States to the
Office of Citizenship in U.S. Citizenship and Immigration
Services shall be deemed to be a reference to the Office of
Citizenship and New Americans.
(3) Technical and conforming amendments.--Section 451 of
the Homeland Security Act of 2002 (6 U.S.C. 271) is amended--
(A) in the section heading, by striking ``BUREAU OF'' and
inserting ``U.S.'';
(B) in subsection (a)(1), by striking ``the `Bureau of''
and inserting `` `U.S.'';
(C) by striking ``the Bureau of'' each place such terms
appears and inserting ``U.S.''; and
(D) in subsection (f)--
(i) by amending the subsection heading to read as follows:
``Office of Citizenship and New Americans''; and
(ii) by striking paragraph (1) and inserting the following:
``(1) Chief.--The Office of Citizenship and New Americans
shall be within U.S. Citizenship and Immigration Services and
shall be headed by the Chief of the Office of Citizenship and
New Americans.''.
(b) Functions.--Section 451(f) of such Act (6 U.S.C.
271(f)), as amended by subsection (a)(3)(D), is further
amended by striking paragraph (2) and inserting the
following:
``(2) Functions.--The Chief of the Office of Citizenship
and New Americans shall--
``(A) promote institutions and provide training on
citizenship responsibilities for aliens interested in
becoming naturalized citizens of the United States, including
the development of educational materials for such aliens;
``(B) provide general leadership, consultation, and
coordination of the immigrant integration programs across the
Federal Government and with State and local entities;
``(C) in coordination with the Task Force on New Americans
established under section 2521 of the Border Security,
Economic Opportunity, and Immigration Modernization Act--
``(i) advise the Director of U.S. Citizenship and
Immigration Services, the Secretary of Homeland Security, and
the Domestic Policy Council, on--
``(I) the challenges and opportunities relating to the
linguistic, economic, and civic integration of immigrants and
their young children and progress in meeting integration
goals and indicators; and
``(II) immigrant integration considerations relating to
Federal budgets;
``(ii) establish national goals for introducing new
immigrants into the United States and measure the degree to
which such goals are met;
``(iii) evaluate the scale, quality, and effectiveness of
Federal Government efforts in immigrant integration and
provide advice on appropriate actions; and
``(iv) identify the integration implications of new or
proposed immigration policies and provide recommendations for
addressing such implications;
``(D) serve as a liaison and intermediary with State and
local governments and other entities to assist in
establishing local goals, task forces, and councils to assist
in--
``(i) introducing immigrants into the United States; and
``(ii) promoting citizenship education and awareness among
aliens interested in becoming naturalized citizens of the
United States;
``(E) coordinate with other Federal agencies to provide
information to State and local governments on the demand for
existing Federal and State English education programs and
best practices for immigrants who recently arrived in the
United States;
``(F) assist States in coordinating the activities of the
grant programs authorized under sections 2537 and 2538 of the
Border Security, Economic Opportunity, and Immigration
Modernization Act;
``(G) submit a biennial report to the appropriate
congressional committees that describes the activities of the
Office of Citizenship and New Americans; and
``(H) carry out such other functions and activities as
Secretary may assign.''.
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall take effect on the date that is 1 year after
the date of the enactment of this Act.
Subchapter B--Task Force on New Americans
SEC. 2521. ESTABLISHMENT.
(a) In General.--The Secretary shall establish a Task Force
on New Americans.
(b) Fully Functional.--The Task Force shall be fully
functional not later than 18 months after the date of the
enactment of this Act.
SEC. 2522. PURPOSE.
The purposes of the Task Force are--
(1) to establish a coordinated Federal program and policy
response to immigrant integration issues; and
(2) to advise and assist the Federal Government in
identifying and fostering policies to carry out the policies
and goals established under this chapter.
SEC. 2523. MEMBERSHIP.
(a) In General.--The Task Force shall be comprised of--
(1) the Secretary, who shall serve as Chair of the Task
Force;
(2) the Secretary of the Treasury;
(3) the Attorney General;
(4) the Secretary of Commerce;
(5) the Secretary of Labor;
(6) the Secretary of Health and Human Services;
(7) the Secretary of Housing and Urban Development;
(8) the Secretary of Transportation;
(9) the Secretary of Education;
(10) the Director of the Office of Management and Budget;
(11) the Administrator of the Small Business
Administration;
(12) the Director of the Domestic Policy Council;
(13) the Director of the National Economic Council; and
(14) the National Security Advisor.
(b) Delegation.--A member of the Task Force may delegate a
senior official, at the Assistant Secretary, Deputy
Administrator, Deputy Director, or Assistant Attorney General
level, to perform the functions of a Task Force member
described in section 2524.
SEC. 2524. FUNCTIONS.
(a) Meetings; Functions.--The Task Force shall--
(1) meet at the call of the Chair; and
(2) perform such functions as the Secretary may prescribe.
(b) Coordinated Response.--The Task Force shall work with
executive branch agencies--
(1) to provide a coordinated Federal response to issues
that impact the lives of new immigrants and receiving
communities, including--
(A) access to youth and adult education programming;
(B) workforce training;
(C) health care policy;
(D) access to naturalization; and
(E) community development challenges; and
(2) to ensure that Federal programs and policies adequately
address such impacts.
(c) Liaisons.--Members of the Task Force shall serve as
liaisons to their respective agencies to ensure the quality
and timeliness of their agency's participation in activities
of the Task Force, including--
(1) creating integration goals and indicators;
(2) implementing the biannual consultation process with the
agency's State and local counterparts; and
(3) reporting on agency data collection, policy, and
program efforts relating to achieving the goals and
indicators referred to in paragraph (1).
(d) Recommendations.--Not later than 18 months after the
end of the period specified in section 2521(b), the Task
Force shall--
(1) provide recommendations to the Domestic Policy Council
and the Secretary on the effects of pending legislation and
executive branch policy proposals;
(2) suggest changes to Federal programs or policies to
address issues of special importance to new immigrants and
receiving communities;
(3) review and recommend changes to policies that have a
distinct impact on new immigrants and receiving communities;
and
(4) assist in the development of legislative and policy
proposals of special importance to new immigrants and
receiving communities.
CHAPTER 2--PUBLIC-PRIVATE PARTNERSHIP
SEC. 2531. ESTABLISHMENT OF UNITED STATES CITIZENSHIP
FOUNDATION.
The Secretary, acting through the Director of U.S.
Citizenship and Immigration Services, is authorized to
establish a nonprofit corporation or a not-for-profit, public
benefit, or similar entity, which shall be known as the
``United States Citizenship Foundation''.
SEC. 2532. FUNDING.
(a) Gifts to Foundation.--In order to carry out the
purposes set forth in section 2533, the Foundation may--
(1) solicit, accept, and make gifts of money and other
property in accordance with section 501(c)(3) of the Internal
Revenue Code of 1986;
(2) engage in coordinated work with the Department,
including the Office and U.S. Citizenship and Immigration
Services; and
(3) accept, hold, administer, invest, and spend any gift,
devise, or bequest of real or personal property made to the
Foundation.
(b) Gifts to Office of Citizenship and New Americans.--The
Office may accept
[[Page S5406]]
gifts from the Foundation to support the functions of the
Office.
SEC. 2533. PURPOSES.
The purposes of the Foundation are--
(1) to expand citizenship preparation programs for lawful
permanent residents;
(2) to provide direct assistance for aliens seeking
provisional immigrant status, legal permanent resident
status, or naturalization as a United States citizen; and
(3) to coordinate immigrant integration with State and
local entities.
SEC. 2534. AUTHORIZED ACTIVITIES.
The Foundation shall carry out its purpose by--
(1) making United States citizenship instruction and
naturalization application services accessible to low-income
and other underserved lawful permanent resident populations;
(2) developing, identifying, and sharing best practices in
United States citizenship preparation;
(3) supporting innovative and creative solutions to
barriers faced by those seeking naturalization;
(4) increasing the use of, and access to, technology in
United States citizenship preparation programs;
(5) engaging receiving communities in the United States
citizenship and civic integration process;
(6) administering the New Citizens Award Program to
recognize, in each calendar year, not more than 10 United
States citizens who--
(A) have made outstanding contributions to the United
States; and
(B) have been naturalized during the 10-year period ending
on the date of such recognition;
(7) fostering public education and awareness;
(8) coordinating its immigrant integration efforts with the
Office;
(9) awarding grants to eligible public or private nonprofit
organizations under section 2537; and
(10) awarding grants to State and local governments under
section 2538.
SEC. 2535. COUNCIL OF DIRECTORS.
(a) Members.--To the extent consistent with section
501(c)(3) of the Internal Revenue Code of 1986, the
Foundation shall have a Council of Directors, which shall be
comprised of--
(1) the Director of U.S. Citizenship and Immigration
Services;
(2) the Chief of the Office of Citizenship and New
Americans; and
(3) 10 directors, appointed by the ex-officio directors
designated in paragraphs (1) and (2), from national
community-based organizations that promote and assist
permanent residents with naturalization.
(b) Appointment of Executive Director.--The USCF Council
shall appoint an Executive Director, who shall oversee the
day-to-day operations of the Foundation.
SEC. 2536. POWERS.
The Executive Director is authorized to carry out the
purposes set forth in section 2533 on behalf of the
Foundation by--
(1) accepting, holding, administering, investing, and
spending any gift, devise, or bequest of real or personal
property made to the Foundation;
(2) entering into contracts and other financial assistance
agreements with individuals, public or private organizations,
professional societies, and government agencies to carry out
the functions of the Foundation;
(3) entering into such other contracts, leases, cooperative
agreements, and other transactions as the Executive Director
considers appropriate to carry out the activities of the
Foundation; and
(4) charging such fees for professional services furnished
by the Foundation as the Executive Director determines
reasonable and appropriate.
SEC. 2537. INITIAL ENTRY, ADJUSTMENT, AND CITIZENSHIP
ASSISTANCE GRANT PROGRAM.
(a) Authorization.--The Secretary, acting through the
Director of U.S. Citizenship and Immigration Services, may
award Initial Entry, Adjustment, and Citizenship Assistance
grants to eligible public or private, nonprofit
organizations.
(b) Use of Grant Funds.--IEACA grants shall be used for the
design and implementation of programs that provide direct
assistance, within the scope of the authorized practice of
immigration law--
(1) to aliens who are preparing an initial application for
registered provisional immigrant status under section 245B of
the Immigration and Nationality Act and to aliens who are
preparing an initial application for blue card status under
section 2211, including assisting applicants in--
(A) screening to assess prospective applicants' potential
eligibility or lack of eligibility;
(B) completing applications;
(C) gathering proof of identification, employment,
residence, and tax payment;
(D) gathering proof of relationships of eligible family
members;
(E) applying for any waivers for which applicants and
qualifying family members may be eligible; and
(F) any other assistance that the Secretary or grantee
considers useful to aliens who are interested in applying for
registered provisional immigrant status;
(2) to aliens seeking to adjust their status under section
245, 245B, 245C, or 245F of the Immigration and Nationality
Act;
(3) to legal permanent residents seeking to become
naturalized United States citizens; and
(4) to applicants on--
(A) the rights and responsibilities of United States
citizenship;
(B) civics-based English as a second language;
(C) civics, with a special emphasis on common values and
traditions of Americans, including an understanding of the
history of the United States and the principles of the
Constitution; and
(D) applying for United States citizenship.
SEC. 2538. PILOT PROGRAM TO PROMOTE IMMIGRANT INTEGRATION AT
STATE AND LOCAL LEVELS.
(a) Grants Authorized.--The Chief shall establish a pilot
program through which the Chief may award grants, on a
competitive basis, to States and local governments or other
qualifying entities, in collaboration with State and local
governments--
(1) to establish New Immigrant Councils to carry out
programs to integrate new immigrants; or
(2) to carry out programs to integrate new immigrants.
(b) Application.--A State or local government desiring a
grant under this section shall submit an application to the
Chief at such time, in such manner, and containing such
information as the Chief may reasonably require, including--
(1) a proposal to meet an objective or combination of
objectives set forth in subsection (d)(3);
(2) the number of new immigrants in the applicant's
jurisdiction; and
(3) a description of the challenges in introducing and
integrating new immigrants into the State or local community.
(c) Priority.--In awarding grants under this section, the
Chief shall give priority to States and local governments or
other qualifying entities that--
(1) use matching funds from non-Federal sources, which may
include in-kind contributions;
(2) demonstrate collaboration with public and private
entities to achieve the goals of the comprehensive plan
developed pursuant to subsection (d)(3);
(3) are 1 of the 10 States with the highest rate of
foreign-born residents; or
(4) have experienced a large increase in the population of
immigrants during the most recent 10-year period relative to
past migration patterns, based on data compiled by the Office
of Immigration Statistics or the United States Census Bureau.
(d) Authorized Activities.--A grant awarded under this
subsection may be used--
(1) to form a New Immigrant Council, which shall--
(A) consist of between 15 and 19 individuals, inclusive,
from the State, local government, or qualifying organization;
(B) include, to the extent practicable, representatives
from--
(i) business;
(ii) faith-based organizations;
(iii) civic organizations;
(iv) philanthropic organizations;
(v) nonprofit organizations, including those with legal and
advocacy experience working with immigrant communities;
(vi) key education stakeholders, such as State educational
agencies, local educational agencies, community colleges, and
teachers;
(vii) State adult education offices;
(viii) State or local public libraries; and
(ix) State or local governments; and
(C) meet not less frequently than once each quarter;
(2) to provide subgrants to local communities, city
governments, municipalities, nonprofit organizations
(including veterans' and patriotic organizations), or other
qualifying entities;
(3) to develop, implement, expand, or enhance a
comprehensive plan to introduce and integrate new immigrants
into the State by--
(A) improving English language skills;
(B) engaging caretakers with limited English proficiency in
their child's education through interactive parent and child
literacy activities;
(C) improving and expanding access to workforce training
programs;
(D) teaching United States history, civics education,
citizenship rights, and responsibilities;
(E) promoting an understanding of the form of government
and history of the United States and the principles of the
Constitution;
(F) improving financial literacy; and
(G) focusing on other key areas of importance to
integration in our society; and
(4) to engage receiving communities in the citizenship and
civic integration process by--
(A) increasing local service capacity;
(B) building meaningful connections between newer
immigrants and long-time residents;
(C) communicating the contributions of receiving
communities and new immigrants; and
(D) engaging leaders from all sectors of the community.
(e) Reporting and Evaluation.--
(1) Annual report.--Each grant recipient shall submit an
annual report to the Office that describes--
(A) the activities undertaken by the grant recipient,
including how such activities meet the goals of the Office,
the Foundation, and the comprehensive plan described in
subsection (d)(3);
(B) the geographic areas being served;
[[Page S5407]]
(C) the number of immigrants in such areas; and
(D) the primary languages spoken in such areas.
(2) Annual evaluation.--The Chief shall conduct an annual
evaluation of the grant program established under this
section--
(A) to assess and improve the effectiveness of such grant
program;
(B) to assess the future needs of immigrants and of State
and local governments related to immigrants; and
(C) to ensure that grantees recipients and subgrantees are
acting within the scope and purpose of this subchapter.
SEC. 2539. NATURALIZATION CEREMONIES.
(a) In General.--The Chief, in consultation with the
Director of the National Park Service, the Archivist of the
United States, and other appropriate Federal officials, shall
develop and implement a strategy to enhance the public
awareness of naturalization ceremonies.
(b) Venues.--In developing the strategy under subsection
(a), the Secretary shall consider the use of outstanding and
historic locations as venues for select naturalization
ceremonies.
(c) Reporting Requirement.--The Secretary shall annually
submit a report to Congress that contains--
(1) the content of the strategy developed under subsection
(a); and
(2) the progress made towards the implementation of such
strategy.
CHAPTER 3--FUNDING
SEC. 2541. AUTHORIZATION OF APPROPRIATIONS.
(a) Office of Citizenship and New Americans.--In addition
to any amounts otherwise made available to the Office, there
are authorized to be appropriated to carry out the functions
described in section 451(f)(2) of the Homeland Security Act
of 2002 (6 U.S.C. 271(f)(2)), as amended by section 2511(b)--
(1) $10,000,000 for the 5-year period ending on September
30, 2018; and
(2) such sums as may be necessary for fiscal year 2019 and
subsequent fiscal years.
(b) Grant Programs.--There are authorized to be
appropriated to implement the grant programs authorized under
sections 2537 and 2538, and to implement the strategy under
section 2539--
(1) $100,000,000 for the 5-year period ending on September
30, 2018; and
(2) such sums as may be necessary for fiscal year 2019 and
subsequent fiscal years.
CHAPTER 4--REDUCE BARRIERS TO NATURALIZATION
SEC. 2551. WAIVER OF ENGLISH REQUIREMENT FOR SENIOR NEW
AMERICANS.
Section 312 (8 U.S.C. 1423) is amended by striking
subsection (b) and inserting the following:
``(b) The requirements under subsection (a) shall not apply
to any person who--
``(1) is unable to comply with such requirements because of
physical or mental disability, including developmental or
intellectual disability; or
``(2) on the date on which the person's application for
naturalization is filed under section 334--
``(A) is older than 65 years of age; and
``(B) has been living in the United States for periods
totaling at least 5 years after being lawfully admitted for
permanent residence.
``(c) The requirement under subsection (a)(1) shall not
apply to any person who, on the date on which the person's
application for naturalization is filed under section 334--
``(1) is older than 50 years of age and has been living in
the United States for periods totaling at least 20 years
after being lawfully admitted for permanent residence;
``(2) is older than 55 years of age and has been living in
the United States for periods totaling at least 15 years
after being lawfully admitted for permanent residence; or
``(3) is older than 60 years of age and has been living in
the United States for periods totaling at least 10 years
after being lawfully admitted for permanent residence.
``(d) The Secretary of Homeland Security may waive, on a
case-by-case basis, the requirement under subsection (a)(2)
on behalf of any person who, on the date on which the
person's application for naturalization is filed under
section 334--
``(1) is older than 60 years of age; and
``(2) has been living in the United States for periods
totaling at least 10 years after being lawfully admitted for
permanent residence.''.
SEC. 2552. FILING OF APPLICATIONS NOT REQUIRING REGULAR
INTERNET ACCESS.
(a) Electronic Filing Not Required.--
(1) In general.--The Secretary may not require that an
applicant or petitioner for permanent residence or
citizenship of the United States use an electronic method to
file any application, or access to a customer account.
(2) Sunset date.--This subsection shall cease to be
effective on October 1, 2020.
(b) Notification Requirement.--Beginning on October 1,
2020, the Secretary may not require that an applicant or
petitioner for permanent residence or citizenship of the
United States use an electronic method to file any
application or access to a customer account unless the
Secretary notifies the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives of such requirement not later than 30 days
before the effective date of such requirement.
SEC. 2553. PERMISSIBLE USE OF ASSISTED HOUSING BY BATTERED
IMMIGRANTS.
Section 214 of the Housing and Community Development Act of
1980 (42 U.S.C. 1436a) is amended--
(1) in subsection (a)--
(A) in paragraph (6), by striking ``; or'' and inserting a
semicolon;
(B) by redesignating paragraph (7) as paragraph (8); and
(C) by inserting after paragraph (6) the following new
paragraph:
``(7) a qualified alien described in section 431(c) of the
Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (8 U.S.C. 1641(c)); or''; and
(2) in subsection (c)--
(A) in paragraph (1)(A), by striking ``paragraphs (1)
through (6)'' and inserting ``paragraphs (1) through (7)'';
and
(B) in paragraph (2)(A), by inserting ``(other than a
qualified alien described in section 431(c) of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1641(c)))'' after ``any alien''.
SEC. 2554. UNITED STATES CITIZENSHIP FOR INTERNATIONALLY
ADOPTED INDIVIDUALS.
(a) Automatic Citizenship.--Section 104 of the Child
Citizenship Act of 2000 (Public Law 106-395; 8 U.S.C. 1431
note) is amended to read as follows:
``SEC. 104. APPLICABILITY.
``The amendments made by this title shall apply to any
individual who satisfies the requirements under section 320
or 322 of the Immigration and Nationality Act, regardless of
the date on which such requirements were satisfied.''.
(b) Modification of Preadoption Visitation Requirement.--
Section 101(b)(1)(F)(i) (8 U.S.C. 1101(b)(1)(F)(i)), as
amended by section 2312, is further amended by striking ``at
least twenty-five years of age, who personally saw and
observed the child prior to or during the adoption
proceedings;'' and inserting ``who is at least 25 years of
age, at least 1 of whom personally saw and observed the child
before or during the adoption proceedings;''.
(c) Automatic Citizenship for Children of United States
Citizens Who Are Physically Present in the United States.--
(1) In general.--Section 320(a)(3) (8 U.S.C. 1431(a)(3)) is
amended to read as follows:
``(3) The child is physically present in the United States
in the legal custody of the citizen parent pursuant to a
lawful admission.''.
(2) Applicability to individual's who no longer have legal
status.--Notwithstanding the lack of legal status or physical
presence in the United States, a person shall be deemed to
meet the requirements under section 320 of the Immigration
and Nationality Act, as amended by paragraph (1), if the
person--
(A) was born outside of the United States;
(B) was adopted by a United States citizen before the
person reached 18 years of age;
(C) was legally admitted to the United States; and
(D) would have qualified for automatic United States
citizenship if the amendments made by paragraph (1) had been
in effect at the time of such admission.
(d) Retroactive Application.--Section 320(b) (8 U.S.C.
1431(b)) is amended by inserting ``, regardless of the date
on which the adoption was finalized'' before the period at
the end.
(e) Applicability.--The amendments made by this section
shall apply to any individual adopted by a citizen of the
United States regardless of whether the adoption occurred
prior to, on, or after the date of the enactment of the Child
Citizenship Act of 2000.
SEC. 2555. TREATMENT OF CERTAIN PERSONS AS HAVING SATISFIED
ENGLISH AND CIVICS, GOOD MORAL CHARACTER, AND
HONORABLE SERVICE AND DISCHARGE REQUIREMENTS
FOR NATURALIZATION.
(a) Immigration and Nationality Act.--The Immigration and
Nationality Act is amended by inserting after section 329A (8
U.S.C. 1440-1) the following new section:
``SEC. 329B. PERSONS WHO HAVE RECEIVED AN AWARD FOR
ENGAGEMENT IN ACTIVE COMBAT OR ACTIVE
PARTICIPATION IN COMBAT.
``(a) In General.--
``(1) In general.--For purposes of naturalization and
continuing citizenship under the following provisions of law,
a person who has received an award described in subsection
(b) shall be treated--
``(A) as having satisfied the requirements in sections
312(a), 316(a)(3), and subsections (b)(3), (c), and (e) of
section 328; and
``(B) except as provided in paragraph (2), under sections
328 and 329, as having served honorably in the Armed Forces
for (in the case of section 328) a period or periods
aggregating one year, and, if separated from such service, as
having been separated under honorable conditions.
``(2) Revocation.--Notwithstanding paragraph (1)(B), any
person who separated from the Armed Forces under other than
honorable conditions may be subject to revocation of
citizenship under section 328(f) or 329(c) if the other
requirements of such section are met.
``(b) Application.--This section shall apply with respect
to the following awards from the Armed Forces of the United
States:
``(1) The Combat Infantryman Badge from the Army.
``(2) The Combat Medical Badge from the Army.
``(3) The Combat Action Badge from the Army.
``(4) The Combat Action Ribbon from the Navy, the Marine
Corps, or the Coast Guard.
[[Page S5408]]
``(5) The Air Force Combat Action Medal.
``(6) Any other award that the Secretary of Defense
determines to be an equivalent award for engagement in active
combat or active participation in combat.''.
(b) Clerical Amendment.--The table of contents of such Act
(8 U.S.C. 1101 et seq.) is amended by inserting after the
item relating to section 329A the following:
``Sec. 329B. Persons who have received an award for engagement in
active combat or active participation in combat.''.
TITLE III--INTERIOR ENFORCEMENT
Subtitle A--Employment Verification System
SEC. 3101. UNLAWFUL EMPLOYMENT OF UNAUTHORIZED ALIENS.
(a) In General.--Section 274A (8 U.S.C. 1324a) is amended
to read as follows:
``SEC. 274A. UNLAWFUL EMPLOYMENT OF ALIENS.
``(a) Making Employment of Unauthorized Aliens Unlawful.--
``(1) In general.--It is unlawful for an employer--
``(A) to hire, recruit, or refer for a fee an alien for
employment in the United States knowing that the alien is an
unauthorized alien with respect to such employment; or
``(B) to hire, recruit, or refer for a fee for employment
in the United States an individual without complying with the
requirements under subsections (c) and (d).
``(2) Continuing employment.--
``(A) Prohibition on continued employment of unauthorized
aliens.--It is unlawful for an employer, after hiring an
alien for employment, to continue to employ the alien in the
United States knowing that the alien is (or has become) an
unauthorized alien with respect to such employment.
``(B) Prohibition on consideration of previous unauthorized
status.--Nothing in this section may be construed to prohibit
the employment of an individual who is authorized for
employment in the United States if such individual was
previously an unauthorized alien.
``(3) Use of labor through contract.--For purposes of this
section, any employer that uses a contract, subcontract, or
exchange to obtain the labor of an alien in the United States
while knowing that the alien is an unauthorized alien with
respect to performing such labor shall be considered to have
hired the alien for employment in the United States in
violation of paragraph (1)(A).
``(4) Use of state employment agency documentation.--For
purposes of paragraphs (1)(B), (5), and (6), an employer
shall be deemed to have complied with the requirements under
subsection (c) with respect to the hiring of an individual
who was referred for such employment by a State employment
agency (as defined by the Secretary) if the employer has and
retains (for the period and in the manner described in
subsection (c)(3)) appropriate documentation of such referral
by such agency, certifying that such agency has complied with
the procedures described in subsection (c) with respect to
the individual's referral. An employer that relies on a State
agency's certification of compliance with subsection (c)
under this paragraph may utilize and retain the State
agency's certification of compliance with the procedures
described in subsection (d), if any, in the manner provided
under this paragraph.
``(5) Good faith defense.--
``(A) Defense.--An employer, person, or entity that hires,
employs, recruits, or refers individuals for employment in
the United States, or is otherwise obligated to comply with
the requirements under this section and establishes good
faith compliance with the requirements under paragraphs (1)
through (4) of subsection (c) and subsection (d)--
``(i) has established an affirmative defense that the
employer, person, or entity has not violated paragraph (1)(A)
with respect to hiring and employing; and
``(ii) has established compliance with its obligations
under subparagraph (A) and (B) of paragraph (1) and
subsection (c) unless the Secretary demonstrates that the
employer had knowledge that an individuals hired, employed,
recruited, or referred by the employer, person, or entity is
an unauthorized alien.
``(B) Exception for certain employers.--An employer who is
not required to participate in the System or who is
participating in the System on a voluntary basis pursuant to
subsection (d)(2)(J) has established an affirmative defense
under subparagraph (A) and need not demonstrate compliance
with the requirements under subsection (d).
``(6) Good faith compliance.--
``(A) In general.--Except as otherwise provided in this
subsection, an employer, person, or entity is considered to
have complied with a requirement under this subsection
notwithstanding a technical or procedural failure to meet
such requirement if there was a good faith attempt to comply
with the requirement.
``(B) Exception if failure to correct after notice.--
Subparagraph (A) shall not apply if--
``(i) the failure is not de minimis;
``(ii) the Secretary of Homeland Security has explained to
the employer, person, or entity the basis for the failure and
why it is not de minimis;
``(iii) the employer, person, or entity has been provided a
period of not less than 30 days (beginning after the date of
the explanation) to correct the failure; and
``(iv) the employer, person, or entity has not corrected
the failure voluntarily within such period.
``(C) Exception for pattern or practice violators.--
Subparagraph (A) shall not apply to an employer, person, or
entity that has engaged or is engaging in a pattern or
practice of violations of paragraph (1)(A) or (2).
``(7) Presumption.--After the date on which an employer is
required to participate in the System under subsection (d),
the employer is presumed to have acted with knowledge for
purposes of paragraph (1)(A) if the employer hires, employs,
recruits, or refers an employee for a fee and fails to make
an inquiry to verify the employment authorization status of
the employee through the System.
``(8) Continued application of workforce and labor
protection remedies despite unauthorized employment.--
``(A) In general.--Subject only to subparagraph (B), all
rights and remedies provided under any Federal, State, or
local law relating to workplace rights, including but not
limited to back pay, are available to an employee despite--
``(i) the employee's status as an unauthorized alien during
or after the period of employment; or
``(ii) the employer's or employee's failure to comply with
the requirements of this section.
``(B) Reinstatement.--Reinstatement shall be available to
individuals who--
``(i) are authorized to work in the United States at the
time such relief is ordered or effectuated; or
``(ii) lost employment-authorized status due to the
unlawful acts of the employer under this section.
``(b) Definitions.--In this section:
``(1) Commissioner.--The term `Commissioner' means the
Commissioner of Social Security.
``(2) Department.--Except as otherwise provided, the term
`Department' means the Department of Homeland Security.
``(3) Employer.--The term `employer' means any person or
entity, including an agency or department of a Federal,
State, or local government, an agent, or a System service
provider acting on behalf of an employer, that hires,
employs, recruits, or refers for a fee an individual for
employment in the United States that is not casual, sporadic,
irregular, or intermittent (as defined by the Secretary).
``(4) Employment authorized status.--The term `employment
authorized status' means, with respect to an individual, that
the individual is authorized to be employed in the United
States under the immigration laws of the United States.
``(5) Secretary.--Except as otherwise specifically
provided, the term `Secretary' means the Secretary of
Homeland Security.
``(6) System.--The term `System' means the Employment
Verification System established under subsection (d).
``(7) Unauthorized alien.--The term `unauthorized alien'
means an alien who, with respect to employment in the United
States at a particular time--
``(A) is not lawfully admitted for permanent residence; or
``(B) is not authorized to be employed under this Act or by
the Secretary.
``(8) Workplace rights.--The term `workplace rights' means
rights guaranteed under Federal, State, or local labor or
employment laws, including laws concerning wages and hours,
benefits and employment standards, labor relations, workplace
health and safety, work-related injuries, nondiscrimination,
and retaliation for exercising rights under such laws.
``(c) Document Verification Requirements.--Any employer
hiring an individual for employment in the United States
shall comply with the following requirements and the
requirements under subsection (d) to verify that the
individual has employment authorized status.
``(1) Attestation after examination of documentation.--
``(A) In general.--
``(i) Examination by employer.--An employer shall attest,
under penalty of perjury on a form prescribed by the
Secretary, that the employer has verified the identity and
employment authorization status of the individual--
``(I) by examining--
``(aa) a document specified in subparagraph (C); or
``(bb) a document specified in subparagraph (D) and a
document specified in subparagraph (E); and
``(II) by utilizing an identity authentication mechanism
described in clause (iii) or (iv) of subparagraph (F).
``(ii) Publication of documents.--The Secretary shall
publish a picture of each document specified in subparagraphs
(C) and (E) on the U.S. Citizenship and Immigration Services
website.
``(B) Requirements.--
``(i) Form.--The form referred to in subparagraph (A)(i)--
``(I) shall be prescribed by the Secretary not later than 6
months after the date of the enactment of the Border
Security, Economic Opportunity, and Immigration Modernization
Act;
``(II) shall be available as--
``(aa) a paper form;
``(bb) a form that may be completed by an employer via
telephone or video conference;
``(cc) an electronic form; or
``(dd) a form that is integrated electronically with the
requirements under subsection (d).
[[Page S5409]]
``(ii) Attestation.--Each such form shall require the
employer to sign an attestation with a handwritten,
electronic, or digital pin code signature, according to
standards prescribed by the Secretary.
``(iii) Compliance.--An employer has complied with the
requirements under this paragraph with respect to examination
of the documents included in subclauses (I) and (II) of
subparagraph (A)(i) if--
``(I) the employer has, in good faith, followed applicable
regulations and any written procedures or instructions
provided by the Secretary; and
``(II) a reasonable person would conclude that the
documentation is genuine and relates to the individual
presenting such documentation.
``(C) Documents establishing identity and employment
authorized status.--A document is specified in this
subparagraph if the document is unexpired (unless the
validity of the document is extended by law) and is 1 of the
following:
``(i) A United States passport or passport card issued to
an individual pursuant to the Secretary of State's authority
under the Act entitled `An Act to regulate the issue and
validity of passports, and for other purposes', approved July
3, 1926 (22 U.S.C. 211a).
``(ii) A document issued to an alien evidencing that the
alien is lawfully admitted for permanent residence or another
document issued to an individual evidencing the individual's
employment authorized status, as designated by the Secretary,
if the document--
``(I) contains a photograph of the individual, or such
other personal identifying information relating to the
individual as the Secretary determines, by regulation, to be
sufficient for the purposes of this subparagraph;
``(II) is evidence of employment authorized status; and
``(III) contains security features to make the document
resistant to tampering, counterfeiting, and fraudulent use.
``(iii) An enhanced driver's license or identification card
issued to a national of the United States by a State, an
outlying possession of the United States, or a federally
recognized Indian tribe that--
``(I) meets the requirements under section 202 of the REAL
ID Act of 2005 (division B of Public Law 109-13; 49 U.S.C.
30301 note); and
``(II) the Secretary has certified by notice published in
the Federal Register and through appropriate notice directly
to employers registered in the System 3 months prior to
publication that such enhanced license or card is suitable
for use under this subparagraph based upon the accuracy and
security of the issuance process, security features on the
document, and such other factors as the Secretary may
prescribe.
``(iv) A passport issued by the appropriate authority of a
foreign country accompanied by a Form I-94 or Form I-94A (or
similar successor record), or other documentation as
designated by the Secretary that specifies the individual's
status in the United States and the duration of such status
if the proposed employment is not in conflict with any
restriction or limitation specified on such form or
documentation.
``(v) A passport issued by the Federated States of
Micronesia or the Republic of the Marshall Islands with
evidence of nonimmigrant admission to the United States under
the Compact of Free Association between the United States and
the Federated States of Micronesia or the Republic of the
Marshall Islands.
``(D) Documents establishing identity of individual.--A
document is specified in this subparagraph if the document is
unexpired (unless the validity of the document is extended by
law) and is 1 of the following:
``(i) A driver's license or identity card that is not
described in subparagraph (C)(iii) and is issued to an
individual by a State or an outlying possession of the United
States, a federally recognized Indian tribe, or an agency
(including military) of the Federal Government if the
driver's license or identity card includes, at a minimum--
``(I) the individual's photograph, name, date of birth,
gender, and driver's license or identification card number;
and
``(II) security features to make the license or card
resistant to tampering, counterfeiting, and fraudulent use.
``(ii) A voter registration card.
``(iii) A document that complies with the requirements
under section 7209(b)(1) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458; 8
U.S.C. 1185 note).
``(iv) For individuals under 18 years of age who are unable
to present a document listed in clause (i) or (ii),
documentation of personal identity of such other type as the
Secretary determines will provide a reliable means of
identification, which may include an attestation as to the
individual's identity by a parent or legal guardian under
penalty of perjury.
``(E) Documents evidencing employment authorization.--A
document is specified in this subparagraph if the document is
unexpired (unless the validity of the document is extended by
law) and is 1 of the following:
``(i) A social security account number card issued by the
Commissioner, other than a card which specifies on its face
that the card is not valid to evidence employment authorized
status or has other similar words of limitation.
``(ii) Any other documentation evidencing employment
authorized status that the Secretary determines and publishes
in the Federal Register and through appropriate notice
directly to employers registered within the System to be
acceptable for purposes of this subparagraph if such
documentation, including any electronic security measures
linked to such documentation, contains security features to
make such documentation resistant to tampering,
counterfeiting, and fraudulent use.
``(F) Identity authentication mechanism.--
``(i) Definitions.--In this subparagraph:
``(I) Covered identity document.--The term `covered
identity document' means a valid--
``(aa) United States passport, passport card, or a document
evidencing lawful permanent residence status or employment
authorized status issued to an alien;
``(bb) enhanced driver's license or identity card issued by
a participating State or an outlying possession of the United
States; or
``(cc) photograph and appropriate identifying information
provided by the Secretary of State pursuant to the granting
of a visa.
``(II) Participating state.--The term `participating State'
means a State that has an agreement with the Secretary to
provide the Secretary, for purposes of identity verification
in the System, with photographs and appropriate identifying
information maintained by the State.
``(ii) Requirement for identity authentication.--In
addition to verifying the documents specified in subparagraph
(C), (D), or (E) and utilizing the System under subsection
(d), each employer shall use an identity authentication
mechanism described in clause (iii) or provided in clause
(iv) after it becomes available to verify the identity of
each individual the employer seeks to hire.
``(iii) Photo tool.--
``(I) Use requirement.--An employer hiring an individual
who has a covered identity document shall verify the identity
of such individual using the photo tool described in
subclause (II).
``(II) Development requirement.--The Secretary shall
develop and maintain a photo tool that enables employers to
match the photo on a covered identity document provided to
the employer to a photo maintained by a U.S. Citizenship and
Immigration Services database.
``(iv) Additional security measures.--
``(I) Use requirement.--An employer seeking to hire an
individual whose identity may not be verified using the photo
tool described in clause (iii) shall verify the identity of
such individual using the additional security measures
described in subclause (II).
``(II) Development requirement.--The Secretary shall
develop, after publication in the Federal Register and an
opportunity for public comment, specific and effective
additional security measures to adequately verify the
identity of an individual whose identity may not be verified
using the photo tool described in clause (iii). Such
additional security measures--
``(aa) shall be kept up-to-date with technological
advances; and
``(bb) shall provide a means of identity authentication in
a manner that provides a high level of certainty as to the
identity of such individual, using immigration and
identifying information that may include review of identity
documents or background screening verification techniques
using publicly available information.
``(G) Authority to prohibit use of certain documents.--If
the Secretary determines, after publication in the Federal
Register and an opportunity for public comment, that any
document or class of documents specified in subparagraph (B),
(C), or (D) does not reliably establish identity or that
employment authorized status is being used fraudulently to an
unacceptable degree, the Secretary--
``(i) may prohibit or restrict the use of such document or
class of documents for purposes of this subsection; and
``(ii) shall directly notify all employers registered
within the System of the prohibition through appropriate
means.
``(H) Authority to allow use of certain documents.--If the
Secretary has determined that another document or class of
documents, such as a document issued by a federally
recognized Indian tribe, may be used to reliably establish
identity or employment authorized status, the Secretary--
``(i) may allow the use of that document or class of
documents for purposes of this subsection after publication
in the Federal Register and an opportunity for public
comment;
``(ii) shall publish a description of any such document or
class of documents on the U.S. Citizenship and Immigration
Services website; and
``(iii) shall directly notify all employers registered
within the System of the addition through appropriate means.
``(2) Individual attestation of employment authorization.--
An individual, upon commencing employment with an employer,
shall--
``(A) attest, under penalty of perjury, on the form
prescribed by the Secretary, that the individual is--
``(i) a citizen of the United States;
``(ii) an alien lawfully admitted for permanent residence;
``(iii) an alien who has employment authorized status; or
``(iv) otherwise authorized by the Secretary to be hired
for such employment;
[[Page S5410]]
``(B) provide such attestation by a handwritten,
electronic, or digital pin code signature; and
``(C) provide the individual's social security account
number to the Secretary, unless the individual has not yet
been issued such a number, on such form as the Secretary may
require.
``(3) Retention of verification record.--
``(A) In general.--After completing a form for an
individual in accordance with paragraphs (1) and (2), the
employer shall retain a version of such completed form and
make such form available for inspection by the Secretary or
the Office of Special Counsel for Immigration-Related Unfair
Employment Practices of the Department of Justice during the
period beginning on the hiring date of the individual and
ending on the later of--
``(i) the date that is 3 years after such hiring date; or
``(ii) the date that is 1 year after the date on which the
individual's employment with the employer is terminated.
``(B) Requirement for electronic retention.--The
Secretary--
``(i) shall permit an employer to retain the form described
in subparagraph (A) in electronic form; and
``(ii) shall permit an employer to retain such form in
paper, microfiche, microfilm, portable document format, or
other media.
``(4) Copying of documentation and recordkeeping.--The
Secretary may promulgate regulations regarding--
``(A) copying documents and related information pertaining
to employment verification presented by an individual under
this subsection; and
``(B) retaining such information during a period not to
exceed the required retention period set forth in paragraph
(3).
``(5) Penalties.--An employer that fails to comply with any
requirement under this subsection may be penalized under
subsection (e)(4)(B).
``(6) Protection of civil rights.--
``(A) In general.--Nothing in this section may be construed
to diminish any rights otherwise protected by Federal law.
``(B) Prohibition on discrimination.--An employer shall use
the procedures for document verification set forth in this
paragraph for all employees without regard to race, color,
religion, sex, national origin, or, unless specifically
permitted in this section, to citizenship status.
``(7) Receipts.--The Secretary may authorize the use of
receipts for replacement documents, and temporary evidence of
employment authorization by an individual to meet a
documentation requirement under this subsection on a
temporary basis not to exceed 1 year, after which time the
individual shall provide documentation sufficient to satisfy
the documentation requirements under this subsection.
``(8) No authorization of national identification cards.--
Nothing in this section may be construed to directly or
indirectly authorize the issuance, use, or establishment of a
national identification card.
``(d) Employment Verification System.--
``(1) In general.--
``(A) Establishment.--The Secretary, in consultation with
the Commissioner, shall establish the Employment Verification
System.
``(B) Monitoring.--The Secretary shall create the necessary
processes to monitor--
``(i) the functioning of the System, including the volume
of the workflow, the speed of processing of queries, the
speed and accuracy of responses;
``(ii) the misuse of the System, including the prevention
of fraud or identity theft;
``(iii) whether the use of the System results in wrongful
adverse actions or discrimination based upon a prohibited
factor against citizens or nationals of the United States or
individuals who have employment authorized status; and
``(iv) the security, integrity, and privacy of the System.
``(C) Procedures.--The Secretary--
``(i) shall create processes to provide an individual with
direct access to the individual's case history in the System,
including--
``(I) the identities of all persons or entities that have
queried the individual through the System;
``(II) the date of each such query; and
``(III) the System response for each such query; and
``(ii) in consultation with the Commissioner, shall
develop--
``(I) protocols to notify an individual, in a timely manner
through the use of electronic correspondence or mail, that a
query for the individual has been processed through the
System; or
``(II) a process for the individual to submit additional
queries to the System or notify the Secretary of potential
identity fraud.
``(2) Participation requirements.--
``(A) Federal government.--Except as provided in
subparagraph (B), all agencies and departments in the
executive, legislative, or judicial branches of the Federal
Government shall participate in the System beginning on the
earlier of--
``(i) the date of the enactment of the Border Security,
Economic Opportunity, and Immigration Modernization Act, to
the extent required under section 402(e)(1) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(division C of Public Law 104-208; 8 U.S.C. 1324a) and as
already implemented by each agency or department; or
``(ii) the date that is 90 days after the date of the
enactment of the Border Security, Economic Opportunity, and
Immigration Modernization Act.
``(B) Federal contractors.--Federal contractors shall
participate in the System as provided in the final rule
relating to employment eligibility verification published in
the Federal Register on November 14, 2008 (73 Fed. Reg.
67,651), or any similar subsequent regulation, for which
purpose references to E-Verify in the final rule shall be
construed to apply to the System.
``(C) Critical infrastructure.--
``(i) In general.--Beginning on the date that is 1 year
after the date on which regulations are published
implementing this subsection, the Secretary may authorize or
direct any employer, person, or entity responsible for
granting access to, protecting, securing, operating,
administering, or regulating part of the critical
infrastructure (as defined in section 1016(e) of the Critical
Infrastructure Protection Act of 2001 (42 U.S.C. 5195c(e)))
to participate in the System to the extent the Secretary
determines that such participation will assist in the
protection of the critical infrastructure.
``(ii) Notification to employers.--The Secretary shall
notify an employer required to participate in the System
under this subparagraph not later than 90 days before the
date on which the employer is required to participate.
``(D) Employers with more than 5,000 employees.--Not later
than 2 years after regulations are published implementing
this subsection, all employers with more than 5,000 employees
shall participate in the System with respect to all newly
hired employees and employees with expiring temporary
employment authorization documents.
``(E) Employers with more than 500 employees.--Not later
than 3 years after regulations are published implementing
this subsection, all employers with more than 500 employees
shall participate in the System with respect to all newly
hired employees and employees with expiring temporary
employment authorization documents.
``(F) Agricultural employment.--Not later than 4 years
after regulations are published implementing this subsection,
employers of employees performing agricultural employment (as
defined in section 218A of this Act and section 2202 of the
Border Security, Economic Opportunity, and Immigration
Modernization Act) shall participate in the System with
respect to all newly hired employees and employees with
expiring temporary employment authorization documents. An
agricultural employee shall not be counted for purposes of
subparagraph (D) or (E).
``(G) All employers.--Except as provided in subparagraph
(H), not later than 4 years after regulations are published
implementing this subsection, all employers shall participate
in the System with respect to all newly hired employees and
employees with expiring temporary employment authorization
documents.
``(H) Tribal government employers.--
``(i) Rulemaking.--In developing regulations to implement
this subsection, the Secretary shall--
``(I) consider the effects of this section on federally
recognized Indian tribes and tribal members; and
``(II) consult with the governments of federally recognized
Indian tribes.
``(ii) Required participation.--Not later than 5 years
after regulations are published implementing this subsection,
all employers owned by, or entities of, the government of a
federally recognized Indian tribe shall participate in the
System with respect to all newly hired employees and
employees with expiring temporary employment authorization
documents.
``(I) Immigration law violators.--
``(i) Orders finding violations.--An order finding any
employer to have violated this section or section 274C may,
in the Secretary's discretion, require the employer to
participate in the System with respect to newly hired
employees and employees with expiring temporary employment
authorization documents, if such employer is not otherwise
required to participate in the System under this section. The
Secretary shall monitor such employer's compliance with
System procedures.
``(ii) Pattern or practice of violations.--The Secretary
may require an employer that is required to participate in
the System with respect to newly hired employees to
participate in the System with respect to the employer's
current employees if the employer is determined by the
Secretary or other appropriate authority to have engaged in a
pattern or practice of violations of the immigration laws of
the United States.
``(J) Voluntary participation.--The Secretary may permit
any employer that is not required to participate in the
System under this section to do so on a voluntary basis.
``(3) Consequence of failure to participate.--
``(A) In general.--Except as provided in subparagraph (B),
the failure, other than a de minimis or inadvertent failure,
of an employer that is required to participate in the System
to comply with the requirements of the System with respect to
an individual--
``(i) shall be treated as a violation of subsection
(a)(1)(B) with respect to that individual; and
``(ii) creates a rebuttable presumption that the employer
has violated paragraph (1)(A) or (2) of subsection (a).
``(B) Exception.--
``(i) In general.--Subparagraph (A) shall not apply in a
criminal prosecution.
[[Page S5411]]
``(ii) Use as evidence.--Nothing in this paragraph may be
construed to limit the use in the prosecution of a Federal
crime, in a manner otherwise consistent with Federal criminal
law and procedure, of evidence relating to the employer's
failure to comply with requirements of the System.
``(4) Procedures for participants in the system.--
``(A) In general.--An employer participating in the System
shall register such participation with the Secretary and,
when hiring any individual for employment in the United
States, shall comply with the following:
``(i) Registration of employers.--The Secretary, through
notice in the Federal Register, shall prescribe procedures
that employers shall be required to follow to register with
the System.
``(ii) Updating information.--The employer is responsible
for providing notice of any change to the information
required under subclauses (I), (II), and (III) of clause (v)
before conducting any further inquiries within the System, or
on such other schedule as the Secretary may prescribe.
``(iii) Training.--The Secretary shall require employers to
undergo such training as the Secretary determines to be
necessary to ensure proper use, protection of civil rights
and civil liberties, privacy, integrity, and security of the
System. To the extent practicable, such training shall be
made available electronically on the U.S. Citizenship and
Immigration Services website.
``(iv) Notification to employees.--The employer shall
inform individuals hired for employment that the System--
``(I) will be used by the employer;
``(II) may be used for immigration enforcement purposes;
and
``(III) may not be used to discriminate or to take adverse
action against a national of the United States or an alien
who has employment authorized status.
``(v) Provision of additional information.--The employer
shall obtain from the individual (and the individual shall
provide) and shall record in such manner as the Secretary may
specify--
``(I) the individual's social security account number;
``(II) if the individual does not attest to United States
citizenship or status as a national of the United States
under subsection (c)(2), such identification or authorization
number established by the Department as the Secretary shall
specify; and
``(III) such other information as the Secretary may require
to determine the identity and employment authorization of an
individual.
``(vi) Presentation of documentation.--The employer, and
the individual whose identity and employment authorized
status are being confirmed, shall fulfill the requirements
under subsection (c).
``(B) Seeking confirmation.--
``(i) In general.--An employer shall use the System to
confirm the identity and employment authorized status of any
individual during--
``(I) the period beginning on the date on which the
individual accepts an offer of employment and ending 3
business days after the date on which employment begins; or
``(II) such other reasonable period as the Secretary may
prescribe.
``(ii) Limitation.--An employer may not make the starting
date of an individual's employment or training or any other
term and condition of employment dependent on the receipt of
a confirmation of identity and employment authorized status
by the System.
``(iii) Reverification.--If an individual has a limited
period of employment authorized status, the individual's
employer shall reverify such status through the System not
later than 3 business days after the last day of such period.
``(iv) Other employment.--For employers directed by the
Secretary to participate in the System under paragraph
(2)(C)(i) to protect critical infrastructure or otherwise
specified circumstances in this section to verify their
entire workforce, the System may be used for initial
verification of an individual who was hired before the
employer became subject to the System, and the employer shall
initiate all required procedures on or before such date as
the Secretary shall specify.
``(v) Notification.--
``(I) In general.--The Secretary shall provide, and the
employer shall utilize, as part of the System, a method of
notifying employers of a confirmation or nonconfirmation of
an individual's identity and employment authorized status, or
a notice that further action is required to verify such
identity or employment eligibility (referred to in this
subsection as a `further action notice').
``(II) Procedures.--The Secretary shall--
``(aa) directly notify the individual and the employer, by
means of electronic correspondence, mail, text message,
telephone, or other direct communication, of a
nonconfirmation or further action notice;
``(bb) provide information about filing an administrative
appeal under paragraph (6) and a filing for review before an
administrative law judge under paragraph (7); and
``(cc) establish procedures to directly notify the
individual and the employer of a confirmation.
``(III) Implementation.--The Secretary may provide for a
phased-in implementation of the notification requirements
under this clause, as appropriate. The notification system
shall cover all inquiries not later than 1 year from the date
of the enactment of the Border Security, Economic
Opportunity, and Immigration Modernization Act.
``(C) Confirmation or nonconfirmation.--
``(i) Initial response.--
``(I) In general.--Except as provided in subclause (II),
the System shall provide--
``(aa) a confirmation of an individual's identity and
employment authorized status or a further action notice at
the time of the inquiry; and
``(bb) an appropriate code indicating such confirmation or
such further action notice.
``(II) Alternative deadline.--If the System is unable to
provide immediate confirmation or further action notice for
technological reasons or due to unforeseen circumstances, the
System shall provide a confirmation or further action notice
not later than 3 business days after the initial inquiry.
``(ii) Confirmation upon initial inquiry.--If the employer
receives an appropriate confirmation of an individual's
identity and employment authorized status under the System,
the employer shall record the confirmation in such manner as
the Secretary may specify.
``(iii) Further action notice and later confirmation or
nonconfirmation.--
``(I) Notification and acknowledgment that further action
is required.--Not later than 3 business days after an
employer receives a further action notice of an individual's
identity or employment eligibility under the System, or
during such other reasonable time as the Secretary may
prescribe, the employer shall notify the individual for whom
the confirmation is sought of the further action notice and
any procedures specified by the Secretary for addressing such
notice. The further action notice shall be given to the
individual in writing and the employer shall acknowledge in
the System under penalty of perjury that it provided the
employee with the further action notice. The individual shall
affirmatively acknowledge in writing, or in such other manner
as the Secretary may specify, the receipt of the further
action notice from the employer. If the individual refuses to
acknowledge the receipt of the further action notice, or
acknowledges in writing that the individual will not contest
the further action notice under subclause (II), the employer
shall notify the Secretary in such manner as the Secretary
may specify.
``(II) Contest.--Not later than 10 business days after
receiving notification of a further action notice under
subclause (I), the individual shall contact the appropriate
Federal agency and, if the Secretary so requires, appear in
person for purposes of verifying the individual's identity
and employment eligibility. The Secretary, in consultation
with the Commissioner and other appropriate Federal agencies,
shall specify an available secondary verification procedure
to confirm the validity of information provided and to
provide a confirmation or nonconfirmation. Any procedures for
reexamination shall not limit in any way an employee's right
to appeal a nonconfirmation.
``(III) No contest.--If the individual refuses to
acknowledge receipt of the further action notice,
acknowledges that the individual will not contest the further
action notice as provided in subclause (I), or does not
contact the appropriate Federal agency within the period
specified in subclause (II), following expiration of the
period specified in subclause (II), a nonconfirmation shall
be issued. The employer shall record the nonconfirmation in
such manner as the Secretary may specify and terminate the
individual's employment. An individual's failure to contest a
further action notice shall not be considered an admission of
guilt with respect to any violation of this section or any
provision of law.
``(IV) Confirmation or nonconfirmation.--Unless the period
is extended in accordance with this subclause, the System
shall provide a confirmation or nonconfirmation not later
than 10 business days after the date on which the individual
contests the further action notice under subclause (II). If
the Secretary determines that good cause exists, after taking
into account adverse impacts to the employer, and including
time to permit the individual to obtain and provide needed
evidence of identity or employment eligibility, the Secretary
shall extend the period for providing confirmation or
nonconfirmation for stated periods beyond 10 business days.
When confirmation or nonconfirmation is provided, the
confirmation system shall provide an appropriate code
indicating such confirmation or nonconfirmation.
``(V) Reexamination.--Nothing in this section shall prevent
the Secretary from establishing procedures to reexamine a
case where a confirmation or nonconfirmation has been
provided if subsequently received information indicates that
the confirmation or nonconfirmation may not have been
correct. Any procedures for reexamination shall not limit in
any way an employee's right to appeal a nonconfirmation.
``(VI) Employee protections.--An employer may not terminate
employment or take any other adverse action against an
individual solely because of a failure of the individual to
have identity and employment eligibility confirmed under this
subsection until--
``(aa) a nonconfirmation has been issued;
``(bb) if the further action notice was contested, the
period to timely file an administrative appeal has expired
without an appeal or the contestation to the further action
notice is withdrawn; or
``(cc) if an appeal before an administrative law judge
under paragraph (7) has been filed,
[[Page S5412]]
the nonconfirmation has been upheld or the appeal has been
withdrawn or dismissed.
``(iv) Notice of nonconfirmation.--Not later than 3
business days after an employer receives a nonconfirmation,
or during such other reasonable time as the Secretary may
provide, the employer shall notify the individual who is the
subject of the nonconfirmation, and provide information about
filing an administrative appeal pursuant to paragraph (6) and
a request for a hearing before an administrative law judge
pursuant to paragraph (7). The nonconfirmation notice shall
be given to the individual in writing and the employer shall
acknowledge in the System under penalty of perjury that it
provided the notice (or adequately attempted to provide
notice, but was unable to do so despite reasonable efforts).
The individual shall affirmatively acknowledge in writing, or
in such other manner as the Secretary may prescribe, the
receipt of the nonconfirmation notice from the employer. If
the individual refuses or fails to acknowledge the receipt of
the nonconfirmation notice, the employer shall notify the
Secretary in such manner as the Secretary may prescribe.
``(D) Consequences of nonconfirmation.--
``(i) Termination of continued employment.--Except as
provided in clause (iii), an employer that has received a
nonconfirmation regarding an individual and has made
reasonable efforts to notify the individual in accordance
with subparagraph (C)(iv) shall terminate the employment of
the individual upon the expiration of the time period
specified in paragraph (7).
``(ii) Continued employment after nonconfirmation.--If the
employer continues to employ an individual after receiving
nonconfirmation and exhaustion of all appeals or expiration
of all rights to appeal if not appealed, in violation of
clause (i), a rebuttable presumption is created that the
employer has violated paragraphs (1)(A) and (2) of subsection
(a). Such presumption shall not apply in any prosecution
under subsection (k)(1).
``(iii) Effect of administrative appeal or review by
administrative law judge.--If an individual files an
administrative appeal of the nonconfirmation within the time
period specified in paragraph (6)(A), or files for review
with an administrative law judge specified in paragraph
(7)(A), the employer shall not terminate the individual's
employment under this subparagraph prior to the resolution of
the administrative appeal unless the Secretary or
Commissioner terminates the stay under paragraph (6)(B) or
(7)(B).
``(iv) Weekly report.--The Director of U.S. Citizenship and
Immigration Services shall submit a weekly report to the
Assistant Secretary for Immigration and Customs Enforcement
that includes, for each individual who receives final
nonconfirmation through the System--
``(I) the name of such individual;
``(II) his or her social security number or alien file
number;
``(III) the name and contact information for his or her
current employer; and
``(IV) any other critical information that the Assistant
Secretary determines to be appropriate.
``(E) Obligation to respond to queries and additional
information.--
``(i) In general.--Employers shall comply with requests for
information from the Secretary and the Special Counsel for
Immigration-Related Unfair Employment Practices of the
Department of Justice, including queries concerning current
and former employees, within the time frame during which
records are required to be maintained under this section
regarding such former employees, if such information relates
to the functioning of the System, the accuracy of the
responses provided by the System, or any suspected misuse,
discrimination, fraud, or identity theft in the use of the
System. Failure to comply with a request under this clause
constitutes a violation of subsection (a)(1)(B).
``(ii) Action by individuals.--
``(I) In general.--Individuals being verified through the
System may be required to take further action to address
questions identified by the Secretary or the Commissioner
regarding the documents relied upon for purposes of
subsection (c).
``(II) Notification.--Not later than 3 business days after
the receipt of such questions regarding an individual, or
during such other reasonable time as the Secretary may
prescribe, the employer shall--
``(aa) notify the individual of any such requirement for
further actions; and
``(bb) record the date and manner of such notification.
``(III) Acknowledgment.--The individual shall acknowledge
the notification received from the employer under subclause
(II) in writing, or in such other manner as the Secretary may
prescribe.
``(iii) Rulemaking.--
``(I) In general.--The Secretary, in consultation with the
Commissioner and the Attorney General, is authorized to issue
regulations implementing, clarifying, and supplementing the
requirements under this subparagraph--
``(aa) to facilitate the functioning, accuracy, and
fairness of the System;
``(bb) to prevent misuse, discrimination, fraud, or
identity theft in the use of the System; or
``(cc) to protect and maintain the confidentiality of
information that could be used to locate or otherwise place
at risk of harm victims of domestic violence, dating
violence, sexual assault, stalking, and human trafficking,
and of the applicant or beneficiary of any petition described
in section 384(a)(2) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1367(a)(2)).
``(II) Notice.--The regulations issued under subclause (I)
shall be--
``(aa) published in the Federal Register; and
``(bb) provided directly to all employers registered in the
System.
``(F) Designated agents.--The Secretary shall establish a
process--
``(i) for certifying, on an annual basis or at such times
as the Secretary may prescribe, designated agents and other
System service providers seeking access to the System to
perform verification queries on behalf of employers, based
upon training, usage, privacy, and security standards
prescribed by the Secretary;
``(ii) for ensuring that designated agents and other System
service providers are subject to monitoring to the same
extent as direct access users; and
``(iii) for establishing standards for certification of
electronic I-9 programs.
``(G) Requirement to provide information.--
``(i) In general.--No later than 3 months after the date of
the enactment of the Border Security, Economic Opportunity,
and Immigration Modernization Act, the Secretary, in
consultation with the Secretary of Labor, the Secretary of
Agriculture, the Commissioner, the Attorney General, the
Equal Employment Opportunity Commission, and the
Administrator of the Small Business Administration, shall
commence a campaign to disseminate information respecting the
procedures, rights, and remedies prescribed under this
section.
``(ii) Campaign requirements.--The campaign authorized
under clause (i)--
``(I) shall be aimed at increasing the knowledge of
employers, employees, and the general public concerning
employer and employee rights, responsibilities, and remedies
under this section; and
``(II) shall be coordinated with the public education
campaign conducted by U.S. Citizenship and Immigration
Services.
``(iii) Assessment.--The Secretary shall assess the success
of the campaign in achieving the goals of the campaign.
``(iv) Authority to contract.--In order to carry out and
assess the campaign under this subparagraph, the Secretary
may, to the extent deemed appropriate and subject to the
availability of appropriations, contract with public and
private organizations for outreach and assessment activities
under the campaign.
``(v) Authorization of appropriations.--There are
authorized to be appropriated to carry out this paragraph
$40,000,000 for each of the fiscal years 2014 through 2016.
``(H) Authority to modify information requirements.--Based
on a regular review of the System and the document
verification procedures to identify misuse or fraudulent use
and to assess the security of the documents and processes
used to establish identity or employment authorized status,
the Secretary, in consultation with the Commissioner, after
publication of notice in the Federal Register and an
opportunity for public comment, may modify, if the Secretary
determines that the modification is necessary to ensure that
the System accurately and reliably determines the identity
and employment authorized status of employees and maintain
existing protections against misuse, discrimination, fraud,
and identity theft--
``(i) the information that shall be presented to the
employer by an individual;
``(ii) the information that shall be provided to the System
by the employer; and
``(iii) the procedures that shall be followed by employers
with respect to the process of verifying an individual
through the System.
``(I) Self-verification.--Subject to appropriate safeguards
to prevent misuse of the system, the Secretary, in
consultation with the Commissioner, shall establish a secure
self-verification procedure to permit an individual who seeks
to verify the individual's own employment eligibility to
contact the appropriate agency and, in a timely manner,
correct or update the information contained in the System.
``(5) Protection from liability for actions taken on the
basis of information provided by the system.--An employer
shall not be liable to a job applicant, an employee, the
Federal Government, or a State or local government, under
Federal, State, or local criminal or civil law for any
employment-related action taken with respect to a job
applicant or employee in good faith reliance on information
provided by the System.
``(6) Administrative appeal.--
``(A) In general.--An individual who is notified of a
nonconfirmation may, not later than 10 business days after
the date that such notice is received, file an administrative
appeal of such nonconfirmation with the Commissioner if the
notice is based on records maintained by the Commissioner, or
in any other case, with the Secretary. An individual who did
not timely contest a further action notice timely received by
that individual for which the individual acknowledged receipt
may not be granted a review under this paragraph.
``(B) Administrative stay of nonconfirmation.--The
nonconfirmation shall be automatically stayed upon the timely
filing of an administrative appeal, unless the
nonconfirmation resulted after the individual acknowledged
receipt of the further action
[[Page S5413]]
notice but failed to contact the appropriate agency within
the time provided. The stay shall remain in effect until the
resolution of the appeal, unless the Secretary or the
Commissioner terminates the stay based on a determination
that the administrative appeal is frivolous or filed for
purposes of delay.
``(C) Review for error.--The Secretary and the Commissioner
shall develop procedures for resolving administrative appeals
regarding nonconfirmations based upon the information that
the individual has provided, including any additional
evidence or argument that was not previously considered. Any
such additional evidence or argument shall be filed within 10
business days of the date the appeal was originally filed.
Appeals shall be resolved within 20 business days after the
individual has submitted all evidence and arguments the
individual wishes to submit, or has stated in writing that
there is no additional evidence that the individual wishes to
submit. The Secretary and the Commissioner may, on a case by
case basis for good cause, extend the filing and submission
period in order to ensure accurate resolution of an appeal
before the Secretary or the Commissioner.
``(D) Preponderance of evidence.--Administrative appeal
under this paragraph shall be limited to whether a
nonconfirmation notice is supported by a preponderance of the
evidence.
``(E) Damages, fees, and costs.--No money damages, fees or
costs may be awarded in the administrative appeal process
under this paragraph.
``(7) Review by administrative law judge.--
``(A) In general.--Not later than 30 days after the date an
individual receives a final determination on an
administrative appeal under paragraph (6), the individual may
obtain review of such determination by filing a complaint
with a Department of Justice administrative law judge in
accordance with this paragraph.
``(B) Stay of nonconfirmation.--The nonconfirmation related
to such final determination shall be automatically stayed
upon the timely filing of a complaint under this paragraph,
and the stay shall remain in effect until the resolution of
the complaint, unless the administrative law judge determines
that the action is frivolous or filed for purposes of delay.
``(C) Service.--The respondent to complaint filed under
this paragraph is either the Secretary or the Commissioner,
but not both, depending upon who issued the administrative
order under paragraph (6). In addition to serving the
respondent, the plaintiff shall serve the Attorney General.
``(D) Authority of administrative law judge.--
``(i) Rules of practice.--The Secretary shall promulgate
regulations regarding the rules of practice in appeals
brought pursuant to this subsection.
``(ii) Authority of administrative law judge.--The
administrative law judge shall have power to--
``(I) terminate a stay of a nonconfirmation under
subparagraph (B) if the administrative law judge determines
that the action is frivolous or filed for purposes of delay;
``(II) adduce evidence at a hearing;
``(III) compel by subpoena the attendance of witnesses and
the production of evidence at any designated place or
hearing;
``(IV) resolve claims of identity theft; and
``(V) enter, upon the pleadings and any evidence adduced at
a hearing, a decision affirming or reversing the result of
the agency, with or without remanding the cause for a
rehearing.
``(iii) Subpoena.--In case of contumacy or refusal to obey
a subpoena lawfully issued under this section and upon
application of the administrative law judge, an appropriate
district court of the United States may issue an order
requiring compliance with such subpoena and any failure to
obey such order may be punished by such court as a contempt
of such court.
``(iv) Training.--An administrative law judge hearing cases
shall have special training respecting employment authorized
status verification.
``(E) Order by administrative law judge.--
``(i) In general.--The administrative law judge shall issue
and cause to be served to the parties in the proceeding an
order which may be appealed as provided in subparagraph (G).
``(ii) Contents of order.--Such an order shall uphold or
reverse the final determination on the request for
reconsideration and order lost wages and other appropriate
remedies as provided in subparagraph (F).
``(F) Compensation for error.--
``(i) In general.--In cases in which the administrative law
judge reverses the final determination of the Secretary or
the Commissioner made under paragraph (6), and the
administrative law judge finds that--
``(I) the nonconfirmation was due to gross negligence or
intentional misconduct of the employer, the administrative
law judge may order the employer to pay the individual lost
wages, and reasonable costs and attorneys' fees incurred
during administrative and judicial review; or
``(II) such final determination was erroneous by reason of
the negligence of the Secretary or the Commissioner, the
administrative law judge may order the Secretary or the
Commissioner to pay the individual lost wages, and reasonable
costs and attorneys' fees incurred during the administrative
appeal and the administrative law judge review.
``(ii) Calculation of lost wages.--Lost wages shall be
calculated based on the wage rate and work schedule that
prevailed prior to termination. The individual shall be
compensated for wages lost beginning on the first scheduled
work day after employment was terminated and ending 120 days
after completion of the administrative law judge's review
described in this paragraph or the day after the individual
is reinstated or obtains employment elsewhere, whichever
occurs first. If the individual obtains employment elsewhere
at a lower wage rate, the individual shall be compensated for
the difference in wages for the period ending 120 days after
completion of the administrative law judge review process. No
lost wages shall be awarded for any period of time during
which the individual was not in employment authorized status.
``(iii) Payment of compensation.--Notwithstanding any other
law, payment of compensation for lost wages, costs, and
attorneys' fees under this paragraph, or compromise
settlements of the same, shall be made as provided by section
1304 of title 31, United States Code. Appropriations made
available to the Secretary or the Commissioner, accounts
provided for under section 286, and funds from the Federal
Old-Age and Survivors Insurance Trust Fund or the Federal
Disability Insurance Trust Fund shall not be available to pay
such compensation.
``(G) Appeal.--No later than 45 days after the entry of
such final order, any person adversely affected by such final
order may seek review of such order in the United States
Court of Appeals for the circuit in which the violation is
alleged to have occurred or in which the employer resides or
transacts business.
``(8) Management of the system.--
``(A) In general.--The Secretary is authorized to
establish, manage, and modify the System, which shall--
``(i) respond to inquiries made by participating employers
at any time through the internet, or such other means as the
Secretary may designate, concerning an individual's identity
and whether the individual is in employment authorized
status;
``(ii) maintain records of the inquiries that were made, of
confirmations provided (or not provided), and of the codes
provided to employers as evidence of their compliance with
their obligations under the System; and
``(iii) provide information to, and require action by,
employers and individuals using the System.
``(B) Design and operation of system.--The System shall be
designed and operated--
``(i) to maximize its reliability and ease of use by
employers consistent with protecting the privacy and security
of the underlying information, and ensuring full notice of
such use to employees;
``(ii) to maximize its ease of use by employees, including
direct notification of its use, of results, and ability to
challenge results;
``(iii) to respond accurately to all inquiries made by
employers on whether individuals are authorized to be
employed and to register any times when the system is unable
to receive inquiries;
``(iv) to maintain appropriate administrative, technical,
and physical safeguards to prevent unauthorized disclosure of
personal information, misuse by employers and employees, and
discrimination;
``(v) to require regularly scheduled refresher training of
all users of the System to ensure compliance with all
procedures;
``(vi) to allow for auditing of the use of the System to
detect misuse, discrimination, fraud, and identity theft, to
protect privacy and assess System accuracy, and to preserve
the integrity and security of the information in all of the
System, including--
``(I) to develop and use tools and processes to detect or
prevent fraud and identity theft, such as multiple uses of
the same identifying information or documents to fraudulently
gain employment;
``(II) to develop and use tools and processes to detect and
prevent misuse of the system by employers and employees;
``(III) to develop tools and processes to detect anomalies
in the use of the system that may indicate potential fraud or
misuse of the system;
``(IV) to audit documents and information submitted by
employees to employers, including authority to conduct
interviews with employers and employees, and obtain
information concerning employment from the employer;
``(vii) to confirm identity and employment authorization
through verification and comparison of records as determined
necessary by the Secretary;
``(viii) to confirm electronically the issuance of the
employment authorization or identity document and--
``(I) if such photograph is available, to display the
digital photograph that the issuer placed on the document so
that the employer can compare the photograph displayed to the
photograph on the document presented by the employee; or
``(II) if a photograph is not available from the issuer, to
confirm the authenticity of the document using such
alternative procedures as the Secretary may specify; and
``(ix) to provide appropriate notification directly to
employers registered with the System of all changes made by
the Secretary or the Commissioner related to allowed and
prohibited documents, and use of the System.
[[Page S5414]]
``(C) Safeguards to the system.--
``(i) Requirement to develop.--The Secretary, in
consultation with the Commissioner and other appropriate
Federal and State agencies, shall develop policies and
procedures to ensure protection of the privacy and security
of personally identifiable information and identifiers
contained in the records accessed or maintained by the
System. The Secretary, in consultation with the Commissioner
and other appropriate Federal and State agencies, shall
develop and deploy appropriate privacy and security training
for the Federal and State employees accessing the records
under the System.
``(ii) Privacy audits.--The Secretary, acting through the
Chief Privacy Officer of the Department, shall conduct
regular privacy audits of the policies and procedures
established under clause (i), including any collection, use,
dissemination, and maintenance of personally identifiable
information and any associated information technology
systems, as well as scope of requests for this information.
The Chief Privacy Officer shall review the results of the
audits and recommend to the Secretary any changes necessary
to improve the privacy protections of the program.
``(iii) Accuracy audits.--
``(I) In general.--Not later than November 30 of each year,
the Inspector General of the Department of Homeland Security
shall submit a report to the Secretary, with a copy to the
President of the Senate and the Speaker of the House of
Representatives, that sets forth the error rate of the System
for the previous fiscal year and the assessments required to
be submitted by the Secretary under subparagraphs (A) and (B)
of paragraph (10). The report shall describe in detail the
methodology employed for purposes of the report, and shall
make recommendations for how error rates may be reduced.
``(II) Error rate defined.--In this clause, the term `error
rate' means the percentage determined by dividing--
``(aa) the number of employment authorized individuals who
received further action notices, contested such notices, and
were subsequently found to be employment authorized; by
``(bb) the number of System inquiries submitted for
employment authorized individuals.
``(III) Reduction of penalties for recordkeeping or
verification practices following persistent system
inaccuracies.--Notwithstanding subsection (e)(4)(C)(i), in
any calendar year following a report by the Inspector General
under subclause (I) that the System had an error rate higher
than 0.3 percent for the previous fiscal year, the civil
penalty assessable by the Secretary or an administrative law
judge under that subsection for each first-time violation by
an employer who has not previously been penalized under this
section may not exceed $1,000.
``(iv) Records security program.--Any person, including a
private third party vendor, who retains document verification
or System data pursuant to this section shall implement an
effective records security program that--
``(I) ensures that only authorized personnel have access to
document verification or System data; and
``(II) ensures that whenever such data is created,
completed, updated, modified, altered, or corrected in
electronic format, a secure and permanent record is created
that establishes the date of access, the identity of the
individual who accessed the electronic record, and the
particular action taken.
``(v) Records security program.--In addition to the
security measures described in clause (iv), a private third
party vendor who retains document verification or System data
pursuant to this section shall implement an effective records
security program that--
``(I) provides for backup and recovery of any records
maintained in electronic format to protect against
information loss, such as power interruptions; and
``(II) ensures that employees are trained to minimize the
risk of unauthorized or accidental alteration or erasure of
such data in electronic format.
``(vi) Authorized personnel defined.--In this subparagraph,
the term `authorized personnel' means anyone registered as a
System user, or anyone with partial or full responsibility
for completion of employment authorization verification or
retention of data in connection with employment authorization
verification on behalf of an employer.
``(D) Available facilities and alternative
accommodations.--The Secretary shall make appropriate
arrangements and develop standards to allow employers or
employees, including remote hires, who are otherwise unable
to access the System to use electronic and telephonic formats
(including video conferencing, scanning technology, and other
available technologies), Federal Government facilities,
public facilities, or other available locations in order to
utilize the System.
``(E) Responsibilities of the secretary.--
``(i) In general.--As part of the System, the Secretary
shall maintain a reliable, secure method, which, operating
through the System and within the time periods specified,
compares the name, alien identification or authorization
number, or other information as determined relevant by the
Secretary, provided in an inquiry against such information
maintained or accessed by the Secretary in order to confirm
(or not confirm) the validity of the information provided,
the correspondence of the name and number, whether the alien
has employment authorized status (or, to the extent that the
Secretary determines to be feasible and appropriate, whether
the records available to the Secretary verify the identity or
status of a national of the United States), and such other
information as the Secretary may prescribe.
``(ii) Photograph display.--As part of the System, the
Secretary shall establish a reliable, secure method, which,
operating through the System, displays the digital photograph
described in subparagraph (B)(viii)(I).
``(iii) Timing of notices.--The Secretary shall have
authority to prescribe when a confirmation, nonconfirmation,
or further action notice shall be issued.
``(iv) Use of information.--The Secretary shall perform
regular audits under the System, as described in subparagraph
(B)(vi) and shall utilize the information obtained from such
audits, as well as any information obtained from the
Commissioner pursuant to part E of title XI of the Social
Security Act (42 U.S.C. 1301 et seq.), for the purposes of
this section and to administer and enforce the immigration
laws.
``(v) Identity fraud protection.--To prevent identity
fraud, not later than 18 months after the date of the
enactment of the Border Security, Economic Opportunity, and
Immigration Modernization Act, the Secretary shall--
``(I) in consultation with the Commissioner, establish a
program to provide a reliable, secure method for an
individual to temporarily suspend or limit the use of the
individual's social security account number or other
identifying information for verification by the System; and
``(II) for each individual being verified through the
System--
``(aa) notify the individual that the individual has the
option to limit the use of the individual's social security
account number or other identifying information for
verification by the System; and
``(bb) provide instructions to the individuals for
exercising the option referred to in item (aa).
``(vi) Allowing parents to prevent theft of their child's
identity.--The Secretary, in consultation with the
Commissioner, shall establish a program that provides a
reliable, secure method by which parents or legal guardians
may suspend or limit the use of the social security account
number or other identifying information of a minor under
their care for the purposes of the System. The Secretary may
implement the program on a limited pilot program basis before
making it fully available to all individuals.
``(vii) Protection from multiple use.--The Secretary and
the Commissioner shall establish a procedure for identifying
and handling a situation in which a social security account
number has been identified to be subject to unusual multiple
use in the System or is otherwise suspected or determined to
have been compromised by identity fraud.
``(viii) Monitoring and compliance unit.--The Secretary
shall establish or designate a monitoring and compliance unit
to detect and reduce identity fraud and other misuse of the
System.
``(ix) Civil rights and civil liberties assessments.--
``(I) Requirement to conduct.--The Secretary shall conduct
regular civil rights and civil liberties assessments of the
System, including participation by employers, other private
entities, and Federal, State, and local government entities.
``(II) Requirement to respond.--Employers, other private
entities, and Federal, State, and local entities shall timely
respond to any request in connection with such an assessment.
``(III) Assessment and recommendations.--The Officer for
Civil Rights and Civil Liberties of the Department shall
review the results of each such assessment and recommend to
the Secretary any changes necessary to improve the civil
rights and civil liberties protections of the System.
``(F) Grants to states.--
``(i) In general.--The Secretary shall create and
administer a grant program to help provide funding for States
that grant--
``(I) the Secretary access to driver's license information
as needed to confirm that a driver's license presented under
subsection (c)(1)(D)(i) confirms the identity of the subject
of the System check, and that a driver's license matches the
State's records; and
``(II) such assistance as the Secretary may request in
order to resolve further action notices or nonconfirmations
relating to such information.
``(ii) Construction with the driver's privacy protection
act of 1994.--The provision of a photograph to the Secretary
as described in clause (i) may not be construed as a
violation of section 2721 of title 18, United States Code,
and is a permissible use under subsection (b)(1) of that
section.
``(iii) Authorization of appropriations.--There is
authorized to be appropriated to the Secretary $250,000,000
to carry out this subparagraph.
``(G) Responsibilities of the secretary of state.--As part
of the System, the Secretary of State shall provide to the
Secretary access to passport and visa information as needed
to confirm that a passport, passport card, or visa presented
under subsection (c)(1)(C) confirms the identity of the
subject of the System check, and that a passport, passport
card, or visa photograph
[[Page S5415]]
matches the Secretary of State's records, and shall provide
such assistance as the Secretary may request in order to
resolve further action notices or nonconfirmations relating
to such information.
``(H) Updating information.--The Commissioner, the
Secretary, and the Secretary of State shall update their
information in a manner that promotes maximum accuracy and
shall provide a process for the prompt correction of
erroneous information.
``(9) Limitation on use of the system.--Notwithstanding any
other provision of law, nothing in this subsection may be
construed to permit or allow any department, bureau, or other
agency of the United States Government or any other entity to
utilize any information, database, or other records assembled
under this subsection for any purpose other than for
employment verification or to ensure secure, appropriate and
nondiscriminatory use of the System.
``(10) Annual report and certification.--Not later than 18
months after the promulgation of regulations to implement
this subsection, and annually thereafter, the Secretary shall
submit to Congress a report that includes the following:
``(A) An assessment, as submitted to the Secretary by the
Inspector General of the Department of Homeland Security
pursuant to paragraph (8)(C)(iii)(I), of the accuracy rates
of further action notices and other System notices provided
by employers to individuals who are authorized to be employed
in the United States.
``(B) An assessment, as submitted to the Secretary by the
Inspector General of the Department of Homeland Security
pursuant to paragraph (8)(C)(iii)(I), of the accuracy rates
of further action notices and other System notices provided
directly (by the System) in a timely fashion to individuals
who are not authorized to be employed in the United States.
``(C) An assessment of any challenges faced by small
employers in utilizing the System.
``(D) An assessment of the rate of employer noncompliance
(in addition to failure to provide required notices in a
timely fashion) in each of the following categories:
``(i) Taking adverse action based on a further action
notice.
``(ii) Use of the System for nonemployees or other
individuals before they are offered employment.
``(iii) Use of the System to reverify employment authorized
status of current employees except if authorized to do so.
``(iv) Use of the System selectively, except in cases in
which such use is authorized.
``(v) Use of the System to deny employment or post-
employment benefits or otherwise interfere with labor rights.
``(vi) Requiring employees or applicants to use any self-
verification feature or to provide self-verification results.
``(vii) Discouraging individuals who receive a further
action notice from challenging the further action notice or
appealing a determination made by the System.
``(E) An assessment of the rate of employee noncompliance
in each of the following categories:
``(i) Obtaining employment when unauthorized with an
employer complying with the System in good faith.
``(ii) Failure to provide required documents in a timely
manner.
``(iii) Attempting to use fraudulent documents or documents
not related to the individual.
``(iv) Misuse of the administrative appeal and judicial
review process.
``(F) An assessment of the amount of time taken for--
``(i) the System to provide the confirmation or further
action notice;
``(ii) individuals to contest further action notices;
``(iii) the System to provide a confirmation or
nonconfirmation of a contested further action notice;
``(iv) individuals to file an administrative appeal of a
nonconfirmation; and
``(v) resolving administrative appeals regarding
nonconfirmations.
``(11) Annual gao study and report.--
``(A) Requirement.--The Comptroller General shall, for each
year, undertake a study to evaluate the accuracy, efficiency,
integrity, and impact of the System.
``(B) Report.--Not later than 18 months after the
promulgation of regulations to implement this subsection, and
yearly thereafter, the Comptroller General shall submit to
Congress a report containing the findings of the study
carried out under this paragraph. Each such report shall
include, at a minimum, the following:
``(i) An assessment of System performance with respect to
the rate at which individuals who are eligible for employment
in the United States are correctly approved within the
required periods, including a separate assessment of such
rate for naturalized United States citizens, nationals of the
United States, and aliens.
``(ii) An assessment of the privacy and confidentiality of
the System and of the overall security of the System with
respect to cybertheft and theft or misuse of private data.
``(iii) An assessment of whether the System is being
implemented in a manner that is not discriminatory or used
for retaliation against employees.
``(iv) An assessment of the most common causes for the
erroneous issuance of nonconfirmations by the System and
recommendations to correct such causes.
``(v) The recommendations of the Comptroller General
regarding System improvements.
``(vi) An assessment of the frequency and magnitude of
changes made to the System and the impact on the ability for
employers to comply in good faith.
``(vii) An assessment of the direct and indirect costs
incurred by employers in complying with the System, including
costs associated with retaining potential employees through
the administrative appeals process and receiving a
nonconfirmation.
``(viii) An assessment of any backlogs or delays in the
System providing the confirmation or further action notice
and impacts to hiring by employers.
``(e) Compliance.--
``(1) Complaints and investigations.--The Secretary shall
establish procedures--
``(A) for individuals and entities to file complaints
respecting potential violations of subsections (a) or (f)(1);
``(B) for the investigation of those complaints which the
Secretary deems appropriate to investigate; and
``(C) for providing notification to the Special Counsel for
Immigration-Related Unfair Employment Practices of the
Department of Justice of potential violations of section
274B.
``(2) Authority in investigations.--In conducting
investigations and proceedings under this subsection--
``(A) immigration officers shall have reasonable access to
examine evidence of the employer being investigated;
``(B) immigration officers designated by the Secretary, and
administrative law judges and other persons authorized to
conduct proceedings under this section, may compel by
subpoena the attendance of relevant witnesses and the
production of relevant evidence at any designated place in an
investigation or case under this subsection. In case of
refusal to fully comply with a subpoena lawfully issued under
this paragraph, the Secretary may request that the Attorney
General apply in an appropriate district court of the United
States for an order requiring compliance with the subpoena,
and any failure to obey such order may be punished by the
court as contempt. Failure to cooperate with the subpoena
shall be subject to further penalties, including further
fines and the voiding of any mitigation of penalties or
termination of proceedings under paragraph (4)(E); and
``(C) the Secretary, in cooperation with the Commissioner
and Attorney General, and in consultation with other relevant
agencies, shall establish a Joint Employment Fraud Task Force
consisting of, at a minimum--
``(i) the System's compliance personnel;
``(ii) immigration law enforcement officers;
``(iii) personnel of the Office of Special Counsel for
Immigration-Related Unfair Employment Practices of the
Department of Justice;
``(iv) personnel of the Office for Civil Rights and Civil
Liberties of the Department; and
``(v) personnel of Office of Inspector General of the
Social Security Administration.
``(3) Compliance procedures.--
``(A) Pre-penalty notice.--If the Secretary has reasonable
cause to believe that there has been a civil violation of
this section in the previous 3 years, the Secretary shall
issue to the employer concerned a written notice of the
Department's intention to issue a claim for a monetary or
other penalty. Such pre-penalty notice shall--
``(i) describe the violation;
``(ii) specify the laws and regulations allegedly violated;
``(iii) disclose the material facts which establish the
alleged violation;
``(iv) describe the penalty sought to be imposed; and
``(v) inform such employer that such employer shall have a
reasonable opportunity to make representations as to why a
monetary or other penalty should not be imposed.
``(B) Employer's response.--Whenever any employer receives
written pre-penalty notice of a fine or other penalty in
accordance with subparagraph (A), the employer may, within 60
days from receipt of such notice, file with the Secretary its
written response to the notice. The response may include any
relevant evidence or proffer of evidence that the employer
wishes to present with respect to whether the employer
violated this section and whether, if so, the penalty should
be mitigated, and shall be filed and considered in accordance
with procedures to be established by the Secretary.
``(C) Right to a hearing.--Before issuance of an order
imposing a penalty on any employer, person, or entity, the
employer, person, or entity shall be entitled to a hearing
before an administrative law judge, if requested within 60
days of the notice of penalty. The hearing shall be held at
the nearest location practicable to the place where the
employer, person, or entity resides or of the place where the
alleged violation occurred.
``(D) Issuance of orders.--If no hearing is so requested,
the Secretary's imposition of the order shall constitute a
final and unappealable order. If a hearing is requested and
the administrative law judge determines, upon clear and
convincing evidence received, that there was a violation, the
administrative law judge shall issue the final determination
with a written penalty claim. The penalty claim shall specify
all charges in the information provided under clauses (i)
through (iii) of subparagraph (A) and any mitigation of the
penalty that the administrative law judge deems appropriate
under paragraph (4)(E).
[[Page S5416]]
``(4) Civil penalties.--
``(A) Hiring or continuing to employ unauthorized aliens.--
Any employer that violates any provision of subsection
(a)(1)(A) or (a)(2) shall--
``(i) pay a civil penalty of not less than $3,500 and not
more than $7,500 for each unauthorized alien with respect to
which each violation of either subsection (a)(1)(A) or (a)(2)
occurred;
``(ii) if the employer has previously been fined as a
result of a previous enforcement action or previous violation
under this paragraph, pay a civil penalty of not less than
$5,000 and not more than $15,000 for each unauthorized alien
with respect to which a violation of either subsection
(a)(1)(A) or (a)(2) occurred; and
``(iii) if the employer has previously been fined more than
once under this paragraph, pay a civil penalty of not less
than $10,000 and not more than $25,000 for each unauthorized
alien with respect to which a violation of either subsection
(a)(1)(A) or (a)(2) occurred.
``(B) Enhanced penalties.--After the Secretary certifies to
Congress that the System has been established, implemented,
and made mandatory for use by all employers in the United
States, the Secretary may establish an enhanced civil penalty
for an employer who--
``(i) fails to query the System to verify the identify and
work authorized status of an individual; and
``(ii) violates a Federal, State, or local law related to--
``(I) the payment of wages;
``(II) hours worked by employees; or
``(III) workplace health and safety.
``(C) Recordkeeping or verification practices.--Any
employer that violates or fails to comply with any
requirement under subsection (a)(1)(B), other than a minor or
inadvertent failure, as determined by the Secretary, shall
pay a civil penalty of--
``(i) not less than $500 and not more than $2,000 for each
violation;
``(ii) if an employer has previously been fined under this
paragraph, not less than $1,000 and not more than $4,000 for
each violation; and
``(iii) if an employer has previously been fined more than
once under this paragraph, not less than $2,000 and not more
than $8,000 for each violation.
``(D) Other penalties.--The Secretary may impose additional
penalties for violations, including cease and desist orders,
specially designed compliance plans to prevent further
violations, suspended fines to take effect in the event of a
further violation, and in appropriate cases, the remedy
provided by paragraph (f)(2).
``(E) Mitigation.--The Secretary or, if an employer
requests a hearing, the administrative law judge, is
authorized, upon such terms and conditions as the Secretary
or administrative law judge deems reasonable and just and in
accordance with such procedures as the Secretary may
establish or any procedures established governing the
administrative law judge's assessment of penalties, to reduce
or mitigate penalties imposed upon employers, based upon
factors including, the employer's hiring volume, compliance
history, good-faith implementation of a compliance program,
the size and level of sophistication of the employer, and
voluntary disclosure of violations of this subsection to the
Secretary. The Secretary or administrative law judge shall
not mitigate a penalty below the minimum penalty provided by
this section, except that the Secretary may, in the case of
an employer subject to penalty for recordkeeping or
verification violations only who has not previously been
penalized under this section, in the Secretary's or
administrative law judge's discretion, mitigate the penalty
below the statutory minimum or remit it entirely. In any case
where a civil money penalty has been imposed on an employer
under section 274B for an action or omission that is also a
violation of this section, the Secretary or administrative
law judge shall mitigate any civil money penalty under this
section by the amount of the penalty imposed under section
274B.
``(F) Effective date.--The civil money penalty amounts and
the enhanced penalties provided by subparagraphs (A), (B),
and (C) of this paragraph and by subsection (f)(2) shall
apply to violations of this section committed on or after the
date that is 1 year after the date of the enactment of the
Border Security, Economic Opportunity, and Immigration
Modernization Act. For violations committed prior to such
date of enactment, the civil money penalty amounts provided
by regulations implementing this section as in effect the
minute before such date of enactment with respect to knowing
hiring or continuing employment, verification, or indemnity
bond violations, as appropriate, shall apply.
``(5) Order of internal review and certification of
compliance.--
``(A) Employer compliance.--If the Secretary has reasonable
cause to believe that an employer has failed to comply with
this section, the Secretary is authorized, at any time, to
require that the employer certify that it is in compliance
with this section, or has instituted a program to come into
compliance.
``(B) Employer certification.--
``(i) Requirement.--Except as provided in subparagraph (C),
not later than 60 days after receiving a notice from the
Secretary requiring a certification under subparagraph (A),
an official with responsibility for, and authority to bind
the company on, all hiring and immigration compliance notices
shall certify under penalty of perjury that the employer is
in conformance with the requirements of paragraphs (1)
through (4) of subsection (c), pertaining to document
verification requirements, and with subsection (d),
pertaining to the System (once the System is implemented with
respect to that employer according to the requirements under
subsection (d)(2)), and with any additional requirements that
the Secretary may promulgate by regulation pursuant to
subsection (c) or (d) or that the employer has instituted a
program to come into compliance with these requirements.
``(ii) Application.--Clause (i) shall not apply until the
date that the Secretary certifies to Congress that the System
has been established, implemented, and made mandatory for use
by all employers in the United States.
``(C) Extension of deadline.--At the request of the
employer, the Secretary may extend the 60-day deadline for
good cause.
``(D) Standards or methods.--The Secretary is authorized to
publish in the Federal Register standards or methods for such
certification, require specific recordkeeping practices with
respect to such certifications, and audit the records thereof
at any time. This authority shall not be construed to
diminish or qualify any other penalty provided by this
section.
``(6) Requirements for review of a final determination.--
With respect to judicial review of a final determination or
penalty order issued under paragraph (3)(D), the following
requirements apply:
``(A) Deadline.--The petition for review must be filed no
later than 30 days after the date of the final determination
or penalty order issued under paragraph (3)(D).
``(B) Venue and forms.--The petition for review shall be
filed with the court of appeals for the judicial circuit
where the employer's principal place of business was located
when the final determination or penalty order was made. The
record and briefs do not have to be printed. The court shall
review the proceeding on a typewritten or electronically
filed record and briefs.
``(C) Service.--The respondent is the Secretary. In
addition to serving the respondent, the petitioner shall
serve the Attorney General.
``(D) Petitioner's brief.--The petitioner shall serve and
file a brief in connection with a petition for judicial
review not later than 40 days after the date on which the
administrative record is available, and may serve and file a
reply brief not later than 14 days after service of the brief
of the respondent, and the court may not extend these
deadlines, except for good cause shown. If a petitioner fails
to file a brief within the time provided in this paragraph,
the court shall dismiss the appeal unless a manifest
injustice would result.
``(E) Scope and standard for review.--The court of appeals
shall conduct a de novo review of the administrative record
on which the final determination was based and any additional
evidence that the Court finds was previously unavailable at
the time of the administrative hearing.
``(F) Exhaustion of administrative remedies.--A court may
review a final determination under paragraph (3)(C) only if--
``(i) the petitioner has exhausted all administrative
remedies available to the petitioner as of right, including
any administrative remedies established by regulation, and
``(ii) another court has not decided the validity of the
order, unless the reviewing court finds that the petition
presents grounds that could not have been presented in the
prior judicial proceeding or that the remedy provided by the
prior proceeding was inadequate or ineffective to test the
validity of the order.
``(G) Enforcement of orders.--If the final determination
issued against the employer under this subsection is not
subjected to review as provided in this paragraph, the
Attorney General, upon request by the Secretary, may bring a
civil action to enforce compliance with the final
determination in any appropriate district court of the United
States. The court, on a proper showing, shall issue a
temporary restraining order or a preliminary or permanent
injunction requiring that the employer comply with the final
determination issued against that employer under this
subsection. In any such civil action, the validity and
appropriateness of the final determination shall not be
subject to review.
``(7) Creation of lien.--If any employer liable for a fee
or penalty under this section neglects or refuses to pay such
liability after demand and fails to file a petition for
review (if applicable) as provided in paragraph (6), the
amount of the fee or penalty shall be a lien in favor of the
United States on all property and rights to property, whether
real or personal, belonging to such employer. If a petition
for review is filed as provided in paragraph (6), the lien
shall arise upon the entry of a final judgment by the court.
The lien continues for 20 years or until the liability is
satisfied, remitted, set aside, or terminated.
``(8) Filing notice of lien.--
``(A) Place for filing.--The notice of a lien referred to
in paragraph (7) shall be filed as described in 1 of the
following:
``(i) Under state laws.--
``(I) Real property.--In the case of real property, in 1
office within the State (or the county, or other governmental
subdivision), as designated by the laws of such State, in
[[Page S5417]]
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
[[Page S5418]]
the agriculture industry. Such report shall review--
(1) the modality of access, training and outreach, customer
support, processes for further action notices and secondary
verifications for short-term workers, monitoring, and
compliance procedures for such System;
(2) the interaction of such System with the process to
admit nonimmigrant workers pursuant to section 218 or 218A of
the Immigration and Nationality Act (8 U.S.C. 1188 et seq.)
and with enforcement of the immigration laws; and
(3) the collaborative use of processes of other Federal and
State agencies that intersect with the agriculture industry.
(c) Report on Impact of the System on Employers.--Not later
than 18 months after the date of the enactment of this Act,
the Secretary shall submit to Congress a report that
assesses--
(1) the implementation of the Employment Verification
System established under section 274A(d) of the Immigration
and Nationality Act, as amended by subsection (a), by
employers;
(2) any adverse impact on the revenues, business processes,
or profitability of employers required to use such System;
and
(3) the economic impact of such System on small businesses.
(d) Government Accountability Office Study of the Effects
of Document Requirements on Employment Authorized Persons and
Employers.--
(1) Study.--The Comptroller General of the United States
shall carry out a study of--
(A) the effects of the documentary requirements of section
274A of the Immigration and Nationality Act, as amended by
subsection (a), on employers, naturalized United States
citizens, nationals of the United States, and individuals
with employment authorized status; and
(B) the challenges such employers, citizens, nationals, or
individuals may face in obtaining the documentation required
under that section.
(2) Report.--Not later than 4 years after the date of the
enactment of this Act, the Comptroller General shall submit
to Congress a report containing the findings of the study
carried out under paragraph (1). Such report shall include,
at a minimum, the following:
(A) An assessment of available information regarding the
number of working age nationals of the United States and
individuals who have employment authorized status who lack
documents required for employment by such section 274A.
(B) A description of the additional steps required for
individuals who have employment authorized status and do not
possess the documents required by such section 274A to obtain
such documents.
(C) A general assessment of the average financial costs for
individuals who have employment authorized status who do not
possess the documents required by such section 274A to obtain
such documents.
(D) A general assessment of the average financial costs and
challenges for employers who have been required to
participate in the Employment Verification System established
by subsection (d) of such section 274A.
(E) A description of the barriers to individuals who have
employment authorized status in obtaining the documents
required by such section 274A, including barriers imposed by
the executive branch of the Government.
(F) Any particular challenges facing individuals who have
employment authorized status who are members of a federally
recognized Indian tribe in complying with the provisions of
such section 274A.
(e) Repeal of Pilot Programs and E-Verify and Transition
Procedures.--
(1) Repeal.--Sections 401, 402, 403, 404, and 405 of the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (division C of Public Law 104-208; 8 U.S.C. 1324a
note) are repealed.
(2) Transition procedures.--
(A) Continuation of e-verify program.--Notwithstanding the
repeals made by paragraph (1), the Secretary shall continue
to operate the E-Verify Program as described in section 403
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (division C of Public Law 104-208;
8 U.S.C. 1324a note), as in effect the minute before the date
of the enactment of this Act, until the transition to the
System described in section 274A(d) of the Immigration and
Nationality Act, as amended by subsection (a), is determined
by the Secretary to be complete.
(B) Transition to the system.--Any employer who was
participating in the E-Verify Program described in section
403 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (division C of Public Law 104-208;
8 U.S.C. 1324a note), as in effect the minute before the date
of the enactment of this Act, shall participate in the System
described in section 274A(d) of the Immigration and
Nationality Act, as amended by subsection (a), to the same
extent and in the same manner that the employer participated
in such E-Verify Program.
(3) Construction.--The repeal made by paragraph (1) may not
be construed to limit the authority of the Secretary to allow
or continue to allow the participation in such System of
employers who have participated in such E-Verify Program, as
in effect on the minute before the date of the enactment of
this Act.
(f) Conforming Amendment.--Section 274(a) (8 U.S.C.
1324(a)) is amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraph (4) as paragraph (3).
SEC. 3102. INCREASING SECURITY AND INTEGRITY OF SOCIAL
SECURITY CARDS.
(a) Fraud-resistant, Tamper-resistant, Wear-resistant, and
Identity Theft-resistant Social Security Cards.--
(1) Issuance.--
(A) Preliminary work.--Not later than 180 days after the
date of the enactment of this Act, the Commissioner of Social
Security shall begin work to administer and issue fraud-
resistant, tamper-resistant, wear-resistant, and identity
theft-resistant social security cards.
(B) Completion.--Not later than 5 years after the date of
the enactment of this Act, the Commissioner of Social
Security shall issue only social security cards determined to
be fraud-resistant, tamper-resistant, wear-resistant, and
identity theft-resistant.
(2) Amendment.--
(A) In general.--Section 205(c)(2)(G) of the Social
Security Act (42 U.S.C. 405(c)(2)(G)) is amended by striking
the second sentence and inserting the following: ``The social
security card shall be fraud-resistant, tamper-resistant,
wear-resistant, and identity theft-resistant.''.
(B) Effective date.--The amendment made by subparagraph (A)
shall take effect on the date that is 5 years after the date
of the enactment of this Act.
(3) Authorization of appropriation.--There are authorized
to be appropriated, from the Comprehensive Immigration Reform
Trust Fund established under section 6(a)(1), such sums as
may be necessary to carry out this section and the amendments
made by this section.
(4) Emergency designation for congressional enforcement.--
In the Senate, amounts made available under this subsection
are designated as an emergency requirement pursuant to
section 403(a) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
(5) Emergency designation for statutory paygo.--Amounts
made available under this subsection are designated as an
emergency requirement under section 4(g) of the Statutory
Pay-As-You-Go Act of 2010 (Public Law 111-139; 2 U.S.C.
933(g)).
(b) Multiple Cards.--Section 205(c)(2)(G) of the Social
Security Act (42 U.S.C. 405(c)(2)(G)), as amended by
subsection (a)(2), is amended--
(1) by inserting ``(i)'' after ``(G)''; and
(2) by adding at the end the following:
``(ii) The Commissioner of Social Security shall restrict
the issuance of multiple replacement social security cards to
any individual to 3 per year and 10 for the life of the
individual, except that the Commissioner may allow for
reasonable exceptions from the limits under this clause on a
case-by-case basis in compelling circumstances.''.
(c) Criminal Penalties.--
(1) Social security fraud.--
(A) In general.--Chapter 47 of title 18, United States
Code, is amended by inserting at the end the following:
``Sec. 1041. Social security fraud
``Any person who--
``(1) knowingly possesses or uses a social security account
number or social security card knowing that the number or
card was obtained from the Commissioner of Social Security by
means of fraud or false statement;
``(2) knowingly and falsely represents a number to be the
social security account number assigned by the Commissioner
of Social Security to him or her or to another person, when
such number is known not to be the social security account
number assigned by the Commissioner of Social Security to him
or her or to such other person;
``(3) knowingly, and without lawful authority, buys, sells,
or possesses with intent to buy or sell a social security
account number or a social security card that is or purports
to be a number or card issued by the Commissioner of Social
Security;
``(4) knowingly alters, counterfeits, forges, or falsely
makes a social security account number or a social security
card;
``(5) knowingly uses, distributes, or transfers a social
security account number or a social security card knowing the
number or card to be intentionally altered, counterfeited,
forged, falsely made, or stolen; or
``(6) without lawful authority, knowingly produces or
acquires for any person a social security account number, a
social security card, or a number or card that purports to be
a social security account number or social security card,
shall be fined under this title, imprisoned not more than 5
years, or both.''.
(B) Table of sections amendment.--The table of sections for
chapter 47 of title 18, United States Code, is amended by
adding after the item relating to section 1040 the following:
``Sec. 1041. Social security fraud.''.
(2) Information disclosure.--
(A) In general.--Notwithstanding any other provision of law
and subject to subparagraph (B), the Commissioner of Social
Security shall disclose for the purpose of investigating a
violation of section 1041 of title 18, United States Code, or
section 274A, 274B, or 274C of the Immigration and
Nationality Act (8 U.S.C. 1324a, 1324b, and 1324c), after
receiving a written request from an officer in a supervisory
position or higher official of any Federal law enforcement
agency, the following records of the Social Security
Administration:
[[Page S5419]]
(i) Records concerning the identity, address, location, or
financial institution accounts of the holder of a social
security account number or social security card.
(ii) Records concerning the application for and issuance of
a social security account number or social security card.
(iii) Records concerning the existence or nonexistence of a
social security account number or social security card.
(B) Limitation.--The Commissioner of Social Security shall
not disclose any tax return or tax return information
pursuant to subparagraph (A) except as authorized by section
6103 of the Internal Revenue Code of 1986.
SEC. 3103. INCREASING SECURITY AND INTEGRITY OF IMMIGRATION
DOCUMENTS.
Not later than 1 year after the date of the enactment of
this Act, the Secretary shall submit a report to Congress on
the feasibility, advantages, and disadvantages of including,
in addition to a photograph, other biometric information on
each employment authorization document issued by the
Department.
SEC. 3104. RESPONSIBILITIES OF THE SOCIAL SECURITY
ADMINISTRATION.
Title XI of the Social Security Act (42 U.S.C. 1301 et
seq.) is amended by adding at the end the following new part:
``Part E--Employment Verification
``responsibilities of the commissioner of social security
``Sec. 1186. (a) Confirmation of Employment Verification
Data.--As part of the employment verification system
established by the Secretary of Homeland Security under the
provisions of section 274A of the Immigration and Nationality
Act (8 U.S.C. 1324a) (in this section referred to as the
`System'), the Commissioner of Social Security shall, subject
to the provisions of section 274A(d) of the Immigration and
Nationality Act (8 U.S.C. 1324a(d)), establish a reliable,
secure method that, operating through the System and within
the time periods specified in section 274A(d) of such Act--
``(1) compares the name, date of birth, social security
account number, and available citizenship information
provided in an inquiry against such information maintained by
the Commissioner in order to confirm (or not confirm) the
validity of the information provided regarding an individual
whose identity and employment eligibility must be confirmed;
``(2) determines the correspondence of the name, date of
birth, and number;
``(3) determines whether the name and number belong to an
individual who is deceased according to the records
maintained by the Commissioner;
``(4) determines whether an individual is a national of the
United States, as defined in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); and
``(5) determines whether the individual has presented a
social security account number that is not valid for
employment.
``(b) Prohibition.--The System shall not disclose or
release social security information to employers through the
confirmation system (other than such confirmation or
nonconfirmation, information provided by the employer to the
System, or the reason for the issuance of a further action
notice).''.
SEC. 3105. IMPROVED PROHIBITION ON DISCRIMINATION BASED ON
NATIONAL ORIGIN OR CITIZENSHIP STATUS.
(a) In General.--Section 274B(a) (8 U.S.C. 1324b(a)) is
amended to read as follows:
``(a) Prohibition on Discrimination Based on National
Origin or Citizenship Status.--
``(1) Prohibition on discrimination generally.--It is an
unfair immigration-related employment practice for a person,
other entity, or employment agency, to discriminate against
any individual (other than an unauthorized alien defined in
section 274A(b)) because of such individual's national origin
or citizenship status, with respect to the following:
``(A) The hiring of the individual for employment.
``(B) The verification of the individual's eligibility to
work in the United States.
``(C) The discharging of the individual from employment.
``(2) Exceptions.--Paragraph (1) shall not apply to the
following:
``(A) A person, other entity, or employer that employs 3 or
fewer employees, except for an employment agency.
``(B) A person's or entity's discrimination because of an
individual's national origin if the discrimination with
respect to that employer, person, or entity and that
individual is covered under section 703 of the Civil Rights
Act of 1964 (42 U.S.C. 2000e-2), unless the discrimination is
related to an individual's verification of employment
authorization.
``(C) Discrimination because of citizenship status which--
``(i) is otherwise required in order to comply with a
provision of Federal, State, or local law related to law
enforcement;
``(ii) is required by Federal Government contract; or
``(iii) the Secretary or Attorney General determines to be
essential for an employer to do business with an agency or
department of the Federal Government or a State, local, or
tribal government.
``(3) Additional exception providing right to prefer
equally qualified citizens.--Notwithstanding any other
provision of this section, it is not an unfair immigration-
related employment practice for an employer (as defined in
section 274A(b)) to prefer to hire, recruit, or refer for a
fee an individual who is a citizen or national of the United
States over another individual who is an alien if the 2
individuals are equally qualified.
``(4) Unfair immigration-related employment practices
relating to the system.--It is also an unfair immigration-
related employment practice for a person, other entity, or
employment agency--
``(A) to discharge or constructively discharge an
individual solely due to a further action notice issued by
the Employment Verification System created by section 274A
until the administrative appeal described in section
274A(d)(6) is completed;
``(B) to use the System with regard to any person for any
purpose except as authorized by section 274A(d);
``(C) to use the System to reverify the employment
authorization of a current employee, including an employee
continuing in employment, other than reverification upon
expiration of employment authorization, or as otherwise
authorized under section 274A(d) or by regulation;
``(D) to use the System selectively for employees, except
where authorized by law;
``(E) to fail to provide to an individual any notice
required in section 274A(d) within the relevant time period;
``(F) to use the System to deny workers' employment or
post-employment benefits;
``(G) to misuse the System to discriminate based on
national origin or citizenship status;
``(H) to require an employee or prospective employee to use
any self-verification feature of the System or provide, as a
condition of application or employment, any self-verification
results;
``(I) to use an immigration status verification system,
service, or method other than those described in section 274A
for purposes of verifying employment eligibility; or
``(J) to grant access to document verification or System
data, to any individual or entity other than personnel
authorized to have such access, or to fail to take reasonable
safeguards to protect against unauthorized loss, use,
alteration, or destruction of System data.
``(5) Prohibition of intimidation or retaliation.--It is
also an unfair immigration-related employment practice for a
person, other entity, or employment agency to intimidate,
threaten, coerce, or retaliate against any individual--
``(A) for the purpose of interfering with any right or
privilege secured under this section; or
``(B) because the individual intends to file or has filed a
charge or a complaint, testified, assisted, or participated
in any manner in an investigation, proceeding, or hearing
under this section.
``(6) Treatment of certain documentary practices as
employment practices.--A person's, other entity's, or
employment agency's request, for purposes of verifying
employment eligibility, for more or different documents than
are required under section 274A, or for specific documents,
or refusing to honor documents tendered that reasonably
appear to be genuine shall be treated as an unfair
immigration-related employment practice.
``(7) Prohibition of withholding employment records.--It is
an unfair immigration-related employment practice for an
employer that is required under Federal, State, or local law
to maintain records documenting employment, including dates
or hours of work and wages received, to fail to provide such
records to any employee upon request.
``(8) Professional, commercial, and business licenses.--An
individual who is authorized to be employed in the United
States may not be denied a professional, commercial, or
business license on the basis of his or her immigration
status.
``(9) Employment agency defined.--In this section, the term
`employment agency' means any employer, person, or entity
regularly undertaking with or without compensation to procure
employees for an employer or to procure for employees
opportunities to work for an employer and includes an agent
of such employer, person, or entity.''.
(b) Referral by EEOC.--Section 274B(b) (8 U.S.C. 1324b(b))
is amended by adding at the end the following:
``(3) Referral by eeoc.--The Equal Employment Opportunity
Commission shall refer all matters alleging immigration-
related unfair employment practices filed with the
Commission, including those alleging violations of paragraphs
(1), (4), (5), and (6) of subsection (a) to the Special
Counsel for Immigration-Related Unfair Employment Practices
of the Department of Justice.''.
(c) Authorization of Appropriations.--Section 274B(l)(3) (8
U.S.C. 1324b(l)(3)) is amended by striking the period at the
end and inserting ``and an additional $40,000,000 for each of
fiscal years 2014 through 2016.''.
(d) Fines.--
(1) In general.--Section 274B(g)(2)(B) (8 U.S.C.
1324b(g)(2)(B)) is amended by striking clause (iv) and
inserting the following:
``(iv) to pay any applicable civil penalties prescribed
below, the amounts of which may be adjusted periodically to
account for inflation as provided by law--
``(I) except as provided in subclauses (II) through (IV),
to pay a civil penalty of not less than $2,000 and not more
than $5,000 for each individual subjected to an unfair
immigration-related employment practice;
[[Page S5420]]
``(II) except as provided in subclauses (III) and (IV), in
the case of an employer, person, or entity previously subject
to a single order under this paragraph, to pay a civil
penalty of not less than $4,000 and not more than $10,000 for
each individual subjected to an unfair immigration-related
employment practice;
``(III) except as provided in subclause (IV), in the case
of an employer, person, or entity previously subject to more
than 1 order under this paragraph, to pay a civil penalty of
not less than $8,000 and not more than $25,000 for each
individual subjected to an unfair immigration-related
employment practice; and
``(IV) in the case of an unfair immigration-related
employment practice described in paragraphs (4) through (7)
of subsection (a), to pay a civil penalty of not less than
$500 and not more than $2,000 for each individual subjected
to an unfair immigration-related employment practice.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date that is 1 year after the date
of the enactment of this Act and apply to violations
occurring on or after such date of enactment.
SEC. 3106. RULEMAKING.
(a) Interim Final Regulations.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act--
(A) the Secretary, shall issue regulations implementing
sections 3101 and 3104 and the amendments made by such
sections (except for section 274A(d)(7) of the Immigration
and Nationality Act); and
(B) the Attorney General shall issue regulations
implementing section 274A(d)(7) of the Immigration and
Nationality Act, as added by section 3101, section 3105, and
the amendments made by such sections.
(2) Effective date.--Regulations issued pursuant to
paragraph (1) shall be effective immediately on an interim
basis, but are subject to change and revision after public
notice and opportunity for a period for public comment.
(b) Final Regulations.--Within a reasonable time after
publication of the interim regulations under subsection (a),
the Secretary, in consultation with the Commissioner of
Social Security and the Attorney General, shall publish final
regulations implementing this subtitle.
SEC. 3107. OFFICE OF THE SMALL BUSINESS AND EMPLOYEE
ADVOCATE.
(a) Establishment of Small Business and Employee
Advocate.--The Secretary shall establish and maintain within
U.S. Citizenship and Immigration Services the Office of the
Small Business and Employee Advocate (in this section
referred to as the ``Office''). The purpose of the Office
shall be to assist small businesses and individuals in
complying with the requirements of section 274A of the
Immigration and Nationality Act (8 U.S.C. 1324a), as amended
by this Act, including the resolution of conflicts arising in
the course of attempted compliance with such requirements.
(b) Functions.--The functions of the Office shall include,
but not be limited to, the following:
(1) Informing small businesses and individuals about the
verification practices required by section 274A of the
Immigration and Nationality Act, including, but not limited
to, the document verification requirements and the employment
verification system requirements under subsections (c) and
(d) of that section.
(2) Assisting small businesses and individuals in
addressing allegedly erroneous further action notices and
nonconfirmations issued under subsection (d) of section 274A
of the Immigration and Nationality Act.
(3) Informing small businesses and individuals of the
financial liabilities and criminal penalties that apply to
violations and failures to comply with the requirements of
section 274A of the Immigration and Nationality Act,
including, but not limited to, by issuing best practices for
compliance with that section.
(4) To the extent practicable, proposing changes to the
Secretary in the administrative practices of the employment
verification system required under subsection (d) of section
274A of the Immigration and Nationality Act to mitigate the
problems identified under paragraph (2).
(5) Making recommendations through the Secretary to
Congress for legislative action to mitigate such problems.
(c) Authority To Issue Assistance Order.--
(1) In general.--Upon application filed by a small business
or individual with the Office (in such form, manner, and at
such time as the Secretary shall by regulations prescribe),
the Office may issue an assistance order if--
(A) the Office determines the small business or individual
is suffering or about to suffer a significant hardship as a
result of the manner in which the employment verification
laws under subsections (c) and (d) of section 274A of the
Immigration and Nationality Act are being administered by the
Secretary; or
(B) the small business or individual meets such other
requirements as are set forth in regulations prescribed by
the Secretary.
(2) Determination of hardship.--For purposes of paragraph
(1), a significant hardship shall include--
(A) an immediate threat of adverse action;
(B) a delay of more than 60 days in resolving employment
verification system problems;
(C) the incurring by the small business or individual of
significant costs if relief is not granted; or
(D) irreparable injury to, or a long-term adverse impact
on, the small business or individual if relief is not
granted.
(3) Standards when administrative guidance not followed.--
In cases where a U.S. Citizenship and Immigration Services
employee is not following applicable published administrative
guidance, the Office shall construe the factors taken into
account in determining whether to issue an assistance order
under this subsection in the manner most favorable to the
small business or individual.
(4) Terms of assistance order.--The terms of an assistance
order under this subsection may require the Secretary within
a specified time period--
(A) to determine whether any employee is or is not
authorized to work in the United States; or
(B) to abate any penalty under section 274A of the
Immigration and Nationality Act that the Office determines is
arbitrary, capricious, or disproportionate to the underlying
offense.
(5) Authority to modify or rescind.--Any assistance order
issued by the Office under this subsection may be modified or
rescinded--
(A) only by the Office, the Director or Deputy Director of
U.S. Citizenship and Immigration Services, or the Secretary
or the Secretary's designee; and
(B) if rescinded by the Director or Deputy Director of U.S.
Citizenship and Immigration Services, only if a written
explanation of the reasons of such official for the
modification or rescission is provided to the Office.
(6) Suspension of running of period of limitation.--The
running of any period of limitation with respect to an action
described in paragraph (4)(A) shall be suspended for--
(A) the period beginning on the date of the small business
or individual's application under paragraph (1) and ending on
the date of the Office's decision with respect to such
application; and
(B) any period specified by the Office in an assistance
order issued under this subsection pursuant to such
application.
(7) Independent action of office.--Nothing in this
subsection shall prevent the Office from taking any action in
the absence of an application under paragraph (1).
(d) Accessibility to the Public.--
(1) In person, online, and telephone assistance.--The
Office shall provide information and assistance specified in
subsection (b) in person at locations designated by the
Secretary, online through an Internet website of the
Department available to the public, and by telephone.
(2) Availability to all employers.--In making information
and assistance available, the Office shall prioritize the
needs of small businesses and individuals. However, the
information and assistance available through the Office shall
be available to any employer.
(e) Avoiding Duplication Through Coordination.--In the
discharge of the functions of the Office, the Secretary shall
consult with the Secretary of Labor, the Secretary of
Agriculture, the Commissioner, the Attorney General, the
Equal Employment Opportunity Commission, and the
Administrator of the Small Business Administration in order
to avoid duplication of efforts across the Federal
Government.
(f) Definitions.--In this section:
(1) The term ``employer'' has the meaning given that term
in section 274A(b) of the Immigration and Nationality Act.
(2) The term ``small business'' means an employer with 49
or fewer employees.
(g) Funding.--There shall be appropriated, from the
Comprehensive Immigration Reform Trust Fund established by
section 6(a)(1) of this Act, such sums as may be necessary to
carry out the functions of the Office.
Subtitle B--Protecting United States Workers
SEC. 3201. PROTECTIONS FOR VICTIMS OF SERIOUS VIOLATIONS OF
LABOR AND EMPLOYMENT LAW OR CRIME.
(a) In General.--Section 101(a)(15)(U) (8 U.S.C.
1101(a)(15)(U)) is amended--
(1) in clause (i)--
(A) by amending subclause (I) to read as follows:
``(I) the alien--
``(aa) has suffered substantial physical or mental abuse or
substantial harm as a result of having been a victim of
criminal activity described in clause (iii) or of a covered
violation described in clause (iv); or
``(bb) is a victim of criminal activity described in clause
(iii) or of a covered violation described in clause (iv) and
would suffer extreme hardship upon removal;'';
(B) in subclause (II), by inserting ``, or a covered
violation resulting in a claim described in clause (iv) that
is not the subject of a frivolous lawsuit by the alien''
before the semicolon at the end; and
(C) by amending subclauses (III) and (IV) to read as
follows:
``(III) the alien (or in the case of an alien child who is
younger than 16 years of age, the parent, legal guardian, or
next friend of the alien) has been helpful, is being helpful,
or is likely to be helpful to--
``(aa) a Federal, State, or local law enforcement official,
a Federal, State, or local prosecutor, a Federal, State, or
local judge, the Department of Homeland Security, the
[[Page S5421]]
Equal Employment Opportunity Commission, the Department of
Labor, or other Federal, State, or local authorities
investigating or prosecuting criminal activity described in
clause (iii); or
``(bb) any Federal, State, or local governmental agency or
judge investigating, prosecuting, or seeking civil remedies
for any cause of action, whether criminal, civil, or
administrative, arising from a covered violation described in
clause (iv) and presents a certification from such Federal,
State, or local governmental agency or judge attesting that
the alien has been helpful, is being helpful, or is likely to
be helpful to such agency in the investigation, prosecution,
or adjudication arising from a covered violation described in
clause (iv); and
``(IV) the criminal activity described in clause (iii) or
the covered violation described in clause (iv)--
``(aa) violated the laws of the United States; or
``(bb) occurred in the United States (including Indian
country and military installations) or the territories and
possessions of the United States;'';
(2) in clause (ii)(II), by striking ``and'' at the end;
(3) by moving clause (iii) 2 ems to the left;
(4) in clause (iii), by inserting ``child abuse; elder
abuse;'' after ``stalking;'';
(5) by adding at the end the following:
``(iv) a covered violation referred to in this clause is--
``(I) a serious violation involving 1 or more of the
following or any similar activity in violation of any
Federal, State, or local law: serious workplace abuse,
exploitation, retaliation, or violation of whistleblower
protections;
``(II) a violation giving rise to a civil cause of action
under section 1595 of title 18, United States Code; or
``(III) a violation resulting in the deprivation of due
process or constitutional rights.''.
(b) Savings Provision.--Nothing in section
101(a)(15)(U)(iv)(I) of the Immigration and Nationality Act,
as added by subsection (a), may be construed as altering the
definition of retaliation or discrimination under any other
provision of law.
(c) Temporary Stay of Removal.--Section 274A (8 U.S.C.
1324a), as amended by section 3101, is further amended--
(1) in subsection (e) by adding at the end the following:
``(10) Conduct in enforcement actions.--If the Secretary
undertakes an enforcement action at a facility about which a
bona fide workplace claim has been filed or is
contemporaneously filed, or as a result of information
provided to the Secretary in retaliation against employees
for exercising their rights related to a bona fide workplace
claim, the Secretary shall ensure that--
``(A) any aliens arrested or detained who are necessary for
the investigation or prosecution of a bona fide workplace
claim or criminal activity (as described in subparagraph (T)
or (U) of section 101(a)(15)) are not removed from the United
States until after the Secretary--
``(i) notifies the appropriate law enforcement agency with
jurisdiction over such violations or criminal activity; and
``(ii) provides such agency with the opportunity to
interview such aliens;
``(B) no aliens entitled to a stay of removal or abeyance
of removal proceedings under this section are removed; and
``(C) the Secretary shall stay the removal of an alien
who--
``(i) has filed a claim regarding a covered violation
described in clause (iv) of section 101(a)(15)(U) and is the
victim of the same violations under an existing
investigation;
``(ii) is a material witness in any pending or anticipated
proceeding involving a bona fide workplace claim or civil
rights claim; or
``(iii) has filed for relief under such section if the
alien is working with law enforcement as described in clause
(i)(III) of such section.''; and
(2) by adding at the end the following:
``(m) Victims of Criminal Activity or Labor and Employment
Violations.--The Secretary of Homeland Security may permit an
alien to remain temporarily in the United States and
authorize the alien to engage in employment in the United
States if the Secretary determines that the alien--
``(1) has filed for relief under section 101(a)(15)(U); or
``(2)(A) has filed, or is a material witness to, a bona
fide claim or proceedings resulting from a covered violation
(as defined in section 101(a)(15)(U)(iv)); and
``(B) has been helpful, is being helpful, or is likely to
be helpful, in the investigation, prosecution of, or pursuit
of civil remedies related to the claim arising from a covered
violation, to--
``(i) a Federal, State, or local law enforcement official;
``(ii) a Federal, State, or local prosecutor;
``(iii) a Federal, State, or local judge;
``(iv) the Department of Homeland Security;
``(v) the Equal Employment Opportunity Commission; or
``(vi) the Department of Labor.''.
(d) Conforming Amendments.--Section 214(p) (8 U.S.C.
1184(p)) is amended--
(1) in paragraph (1), by striking ``in section
101(a)(15)(U)(iii).'' both places it appears and inserting
``in clause (iii) of section 101(a)(15)(U) or investigating,
prosecuting, or seeking civil remedies for claims resulting
from a covered violation described in clause (iv) of such
section.''; and
(2) in the first sentence of paragraph (6)--
(A) by striking ``in section 101(a)(15)(U)(iii)'' and
inserting ``in clause (iii) of section 101(a)(15)(U) or
claims resulting from a covered violation described in clause
(iv) of such section''; and
(B) by inserting ``or claim arising from a covered
violation'' after ``prosecution of such criminal activity''.
(e) Modification of Limitation on Authority To Adjust
Status for Victims of Crimes.--Section 245(m)(1) (8 U.S.C.
1255(m)(1)) is amended, in the matter before subparagraph
(A), by inserting ``or an investigation or prosecution
regarding a workplace or civil rights claim'' after
``prosecution''.
(f) Expansion of Limitation on Sources of Information That
May Be Used To Make Adverse Determinations.--
(1) In general.--Section 384(a)(1) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1367(a)(1)) is amended--
(A) in each of subparagraphs (A) through (D), by striking
the comma at the end and inserting a semicolon;
(B) subparagraph (E), by striking ``the criminal
activity,'' and inserting ``abuse and the criminal activity
or bona fide workplace claim (as defined in subsection
(e));'';
(C) in subparagraph (F), by striking ``, the trafficker or
perpetrator,'' and inserting ``), the trafficker or
perpetrator; or''; and
(D) by inserting after subparagraph (F) the following:
``(G) the alien's employer; or''.
(2) Workplace claim defined.--Section 384 of such Act (8
U.S.C. 1367) is amended by adding at the end the following:
``(e) Workplace Claims.--
``(1) Workplace claims defined.--
``(A) In general.--In subsection (a)(1), the term
`workplace claim' means any claim, petition, charge,
complaint, or grievance filed with, or submitted to, a
Federal, State, or local agency or court, relating to the
violation of applicable Federal, State, or local labor or
employment laws.
``(B) Construction.--Subparagraph (A) may not be construed
to alter what constitutes retaliation or discrimination under
any other provision of law.
``(2) Penalty for false claims.--Any person who knowingly
presents a false or fraudulent claim to a law enforcement
official in relation to a covered violation described in
section 101(a)(15)(U)(iv) of the Immigration and Nationality
Act for the purpose of obtaining a benefit under this section
shall be subject to a civil penalty of not more than $1,000.
``(3) Limitation on stay of adverse determinations.--In the
case of an alien applying for status under section
101(a)(15)(U) of the Immigration and Nationality Act and
seeking relief under that section, the prohibition on adverse
determinations under subsection (a) shall expire on the date
that the alien's application for status under such section is
denied and all opportunities for appeal of the denial have
been exhausted.''.
(g) Removal Proceedings.--Section 239(e) (8 U.S.C. 1229(e))
is amended--
(1) in paragraph (1)--
(A) by striking ``In cases where'' and inserting ``If'';
and
(B) by striking ``paragraph (2),'' and inserting
``paragraph (2) or as a result of information provided to the
Secretary of Homeland Security in retaliation against
individuals for exercising or attempting to exercise their
employment rights or other legal rights,''; and
(2) in paragraph (2), by adding at the end the following:
``(C) At a facility about which a bona fide workplace claim
has been filed or is contemporaneously filed.''.
SEC. 3202. EMPLOYMENT VERIFICATION SYSTEM EDUCATION FUNDING.
(a) Disposition of Civil Penalties.--Penalties collected
under subsections (e)(4) and (f)(3) of section 274A of the
Immigration and Nationality Act, amended by section 3101,
shall be deposited, as offsetting receipts, into the
Comprehensive Immigration Reform Trust Fund established under
section 6(a)(1).
(b) Expenditures.--Amounts deposited into the Trust Fund
under subsection (a) shall be made available to the Secretary
and the Attorney General to provide education to employers
and employees regarding the requirements, obligations, and
rights under the Employment Verification System.
(c) Determination of Budgetary Effects.--
(1) Emergency designation for congressional enforcement.--
In the Senate, amounts made available under this section are
designated as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
(2) Emergency designation for statutory paygo.--Amounts
made available under this section are designated as an
emergency requirement under section 4(g) of the Statutory
Pay-As-You-Go Act of 2010 (Public Law 111-139; 2 U.S.C.
933(g)).
SEC. 3203. DIRECTIVE TO THE UNITED STATES SENTENCING
COMMISSION.
(a) In General.--Pursuant to its authority under section
994 of title 28, United States Code, and in accordance with
subsection (b), the United States Sentencing Commission shall
promulgate sentencing guidelines or amend existing sentencing
guidelines to modify, if appropriate, the penalties imposed
on persons convicted of offenses under--
[[Page S5422]]
(1) section 274A of the Immigration and Nationality Act (8
U.S.C. 1324a), as amended by section 3101;
(2) section 16 of the Fair Labor Standards Act of 1938 (29
U.S.C. 216); and
(3) any other Federal law covering similar conduct.
(b) Requirements.--In carrying out subsection (a), the
Sentencing Commission shall provide sentencing enhancements
for any person convicted of an offense described in
subsection (a) if such offense involves--
(1) the intentional confiscation of identification
documents;
(2) corruption, bribery, extortion, or robbery;
(3) sexual abuse;
(4) serious bodily injury;
(5) an intent to defraud; or
(6) a pattern of conduct involving multiple violations of
law that--
(A) creates, through knowing and intentional conduct, a
risk to the health or safety of any victim; or
(B) denies payments due to victims for work completed.
Subtitle C--Other Provisions
SEC. 3301. FUNDING.
(a) Establishment of the Interior Enforcement Account.--
There is hereby established in the Treasury of the United
States an account which shall be known as the Interior
Enforcement Account.
(b) Appropriations.--There are authorized to be
appropriated to the Interior Enforcement Account
$1,000,000,000 to carry out this title and the amendments
made by this title, including the following appropriations:
(1) In each of the 5 years beginning on the date of the
enactment of this Act, the appropriations necessary to
increase to a level not less than 5,000, by the end of such
5-year period, the total number of personnel of the
Department assigned exclusively or principally to an office
or offices in U.S. Citizenship and Immigration Services and
U.S. Immigration and Customs Enforcement (and consistent with
the missions of such agencies), dedicated to administering
the System, and monitoring and enforcing compliance with
sections 274A, 274B, and 274C of the Immigration and
Nationality Act (8 U.S.C. 1324a, 1324b, and 1324c), including
compliance with the requirements of the Electronic
Verification System established under section 274A(d) of the
Immigration and Nationality Act (8 U.S.C. 1324a(d)), as
amended by section 3101. Such personnel shall perform
compliance and monitoring functions, including the following:
(A) Verify compliance of employers participating in such
System with the requirements for participation that are
prescribed by the Secretary.
(B) Monitor such System for multiple uses of social
security account numbers and immigration identification
numbers that could indicate identity theft or fraud.
(C) Monitor such System to identify discriminatory or
unfair practices.
(D) Monitor such System to identify employers who are not
using such System properly, including employers who fail to
make available appropriate records with respect to their
queries and any notices of confirmation, nonconfirmation, or
further action.
(E) Identify instances in which an employee alleges that an
employer violated the employee's privacy or civil rights, or
misused such System, and create procedures for an employee to
report such an allegation.
(F) Analyze and audit the use of such System and the data
obtained through such System to identify fraud trends,
including fraud trends across industries, geographical areas,
or employer size.
(G) Analyze and audit the use of such System and the data
obtained through such System to develop compliance tools as
necessary to respond to changing patterns of fraud.
(H) Provide employers with additional training and other
information on the proper use of such System, including
training related to privacy and employee rights.
(I) Perform threshold evaluation of cases for referral to
the Special Counsel for Immigration-Related Unfair Employment
Practices of the Department of Justice or the Equal
Employment Opportunity Commission, and other officials or
agencies with responsibility for enforcing anti-
discrimination, civil rights, privacy, or worker protection
laws, as may be appropriate.
(J) Any other compliance and monitoring activities that the
Secretary determines are necessary to ensure the functioning
of such System.
(K) Investigate identity theft and fraud detected through
such System and undertake the necessary enforcement or
referral actions.
(L) Investigate use of or access to fraudulent documents
and undertake the necessary enforcement actions.
(M) Perform any other investigations that the Secretary
determines are necessary to ensure the lawful functioning of
such System, and undertake any enforcement actions necessary
as a result of such investigations.
(2) The appropriations necessary to acquire, install, and
maintain technological equipment necessary to support the
functioning of such System and the connectivity between U.S.
Citizenship and Immigration Services and U.S. Immigration and
Customs Enforcement, the Department of Justice, and other
agencies or officials with respect to the sharing of
information to support such System and related immigration
enforcement actions.
(3) The appropriations necessary to establish a robust
redress process for employees who wish to appeal contested
nonconfirmations to ensure the accuracy and fairness of such
System.
(4) The appropriations necessary to provide a means by
which individuals may access their own employment
authorization data to ensure the accuracy of such data,
independent of an individual's employer.
(5) The appropriations necessary to carry out the identity
authentication mechanisms described in section 274A(c)(1)(F)
of the Immigration and Nationality Act, as amended by section
3101(a).
(6) The appropriations necessary for the Office for Civil
Rights and Civil Liberties and the Office of Privacy of the
Department to perform the responsibilities of such Offices
related to such System.
(7) The appropriations necessary to make grants to States
to support the States in assisting the Federal Government in
carrying out the provisions of this title and the amendments
made by this title.
(c) Establishment of Reimbursable Agreement Between the
Department of Homeland Security and the Social Security
Administration.--Effective for fiscal years beginning on or
after the date of enactment of this Act, the Secretary and
the Commissioner of Social Security shall enter into and
maintain an agreement that--
(1) provides funds to the Commissioner for the full costs
of the responsibilities of the Commissioner under this
section, including--
(A) acquiring, installing, and maintaining technological
equipment and systems necessary for the fulfillment of the
responsibilities of the Commissioner under this section; and
(B) responding to individuals who contest a further action
notice provided by the employment verification system
established under section 274A of the Immigration and
Nationality Act, as amended by section 3101;
(2) provides such funds quarterly in advance of the
applicable quarter based on estimating methodology agreed to
by the Commissioner and the Secretary; and
(3) requires an annual accounting and reconciliation of the
actual costs incurred and the funds provided under the
agreement which shall be reviewed by the Office of the
Inspector General of the Social Security Administration and
the Department.
(d) Authorization of Appropriations to the Attorney
General.--There are authorized to be appropriated to the
Attorney General such sums as may be necessary to carry out
the provisions of this title and the amendments made by this
title, including enforcing compliance with section 274B of
the Immigration and Nationality Act, as amended by section
3105.
(e) Authorization of Appropriations to the Secretary of
State.--There are authorized to be appropriated to the
Secretary of State such sums as may be necessary to carry out
the provisions of this title and the amendments made by this
title.
SEC. 3302. EFFECTIVE DATE.
Except as otherwise specifically provided, this title and
the amendments made by this title shall take effect on the
date of the enactment of this Act.
SEC. 3303. MANDATORY EXIT SYSTEM.
(a) Establishment.--
(1) In general.--Not later than December 31, 2015, the
Secretary shall establish a mandatory exit data system that
shall include a requirement for the collection of data from
machine-readable visas, passports, and other travel and entry
documents for all categories of aliens who are exiting from
air and sea ports of entry.
(2) Biometric exit data system.--Not later than 2 years
after the date of the enactment of this Act, the Secretary
shall establish a mandatory biometric exit data system at the
10 United States airports that support the highest volume of
international air travel, as determined by Department of
Transportation international flight departure data.
(3) Implementation report.--Not later than 60 days after
the date of the enactment of this Act, the Secretary shall
submit to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security
of the House of Representatives a report the implementation
of the biometric exit data system referred to in paragraph
(2), the impact of such system on any additional wait times
for travelers, and projections for new officer personnel,
including U.S. Customs and Border Protection officers.
(4) Effectiveness report.--Not later than 3 years after the
date of the enactment of this Act, the Secretary shall submit
a report to Congress that analyzes the effectiveness of
biometric exit data collection at the 10 airports referred to
in paragraph (2).
(5) Mandatory biometric exit data system.--Absent
intervening action by Congress, the Secretary, not later than
6 years after the date of the enactment of this Act, shall
establish a mandatory biometric exit data system at all the
Core 30 international airports in the United States, as so
designated by the Federal Aviation Administration.
(6) Expansion of biometric exit data system to major sea
and land ports.--Not later than 6 years after the date of the
enactment of this Act, the Secretary shall submit a plan to
Congress for the expansion of the biometric exit system to
major sea and land entry and exit points within the United
States based upon--
(A) the performance of the program established pursuant to
paragraph (2);
[[Page S5423]]
(B) the findings of the study conducted pursuant to
paragraph (4); and
(C) the projected costs to develop and deploy an effective
biometric exit data system.
(7) Data collection.--There are authorized to be
appropriated, from the Comprehensive Immigration Reform Trust
Fund established under section 6(a)(1), such sums as may be
necessary to carry out this section
(b) Integration and Interoperability.--
(1) Integration of data system.--The Secretary shall fully
integrate all data from databases and data systems that
process or contain information on aliens, which are
maintained by--
(A) the Department, at--
(i) the U.S. Immigration and Customs Enforcement;
(ii) the U.S. Customs and Border Protection; and
(iii) the U.S. Citizenship and Immigration Services;
(B) the Department of Justice, at the Executive Office for
Immigration Review; and
(C) the Department of State, at the Bureau of Consular
Affairs.
(2) Interoperable component.--The fully integrated data
system under paragraph (1) shall be an interoperable
component of the exit data system.
(3) Interoperable data system.--The Secretary shall fully
implement an interoperable electronic data system to provide
current and immediate access to information in the databases
of Federal law enforcement agencies and the intelligence
community that is relevant to determine--
(A) whether to issue a visa; or
(B) the admissibility or deportability of an alien.
(4) Training.--The Secretary shall establish ongoing
training modules on immigration law to improve adjudications
at United States ports of entry, consulates, and embassies.
(c) Information Sharing.--The Secretary shall report to the
appropriate Federal law enforcement agency, intelligence
agency, national security agency, or component of the
Department of Homeland Security any alien who was lawfully
admitted into the United States and whose individual data in
the integrated exit data system shows that he or she has not
departed the country when he or she was legally required to
do so, and shall ensure that--
(1) if the alien has departed the United States when he or
she was legally required to do so, the information contained
in the integrated exit data system is updated to reflect the
alien's departure; or
(2) if the alien has not departed the United States when he
or she was legally required to do so, reasonably available
enforcement resources are employed to locate the alien and to
commence removal proceedings against the alien.
SEC. 3304. IDENTITY-THEFT RESISTANT MANIFEST INFORMATION FOR
PASSENGERS, CREW, AND NON-CREW ONBOARD
DEPARTING AIRCRAFT AND VESSELS.
(a) Definitions.--Except as otherwise specifically
provided, in this section:
(1) Identity-theft resistant collection location.--The term
``identity-theft resistant collection location'' means a
location within an airport or seaport--
(A) within the path of the departing alien, such that the
alien would not need to significantly deviate from that path
to comply with exit requirements at which air or vessel
carrier employees, as applicable, either presently or
routinely are available if an alien needs processing
assistance; and
(B) which is equipped with technology that can securely
collect and transmit identity-theft resistant departure
information to the Department.
(2) US-VISIT.--The term ``US-VISIT'' means the United
States-Visitor and Immigrant Status Indicator Technology
system.
(b) Identity Theft Resistant Manifest Information.--
(1) Passport or visa collection requirement.--Except as
provided in subsection (c), an appropriate official of each
commercial aircraft or vessel departing from the United
States to any port or place outside the United States shall
ensure transmission to U.S. Customs and Border Protection of
identity-theft resistant departure manifest information
covering alien passengers, crew, and non-crew. Such identity-
theft resistant departure manifest information--
(A) shall be transmitted to U.S. Customs and Border
Protection at the place and time specified in paragraph (3)
by means approved by the Secretary; and
(B) shall set forth the information specified in paragraph
(4) or other information as required by the Secretary.
(2) Manner of collection.--Carriers boarding alien
passengers, crew, and noncrew subject to the requirement to
provide information upon departure for US-VISIT processing
shall collect identity-theft resistant departure manifest
information from each alien at an identity-theft resistant
collection location at the airport or seaport before boarding
that alien on transportation for departure from the United
States, at a time as close to the originally scheduled
departure of that passenger's aircraft or sea vessel as
practicable.
(3) Time and manner of submission.--
(A) In general.--The appropriate official specified in
paragraph (1) shall ensure transmission of the identity-theft
resistant departure manifest information required and
collected under paragraphs (1) and (2) to the Data Center or
Headquarters of U.S. Customs and Border Protection, or such
other data center as may be designated.
(B) Transmission.--The biometric departure information may
be transmitted to the Department over any means of
communication authorized by the Secretary for the
transmission of other electronic manifest information
containing personally identifiable information and under
transmission standards currently applicable to other
electronic manifest information.
(C) Submission along with other information.--Files
containing the identity-theft resistant departure manifest
information--
(i) may be sent with other electronic manifest data prior
to departure or may be sent separately from any topically
related electronic manifest data; and
(ii) may be sent in batch mode.
(4) Information required.--The identity-theft resistant
departure information required under paragraphs (1) through
(3) for each covered passenger or crew member shall contain
alien data from machine-readable visas, passports, and other
travel and entry documents issued to the alien.
(c) Exception.--The identity-theft resistant departure
information specified in this section is not required for any
alien active duty military personnel traveling as passengers
on board a departing Department of Defense commercial
chartered aircraft.
(d) Carrier Maintenance and Use of Identity-Theft Resistant
Departure Manifest Information.--Carrier use of identity-
theft resistant departure manifest information for purposes
other than as described in standards set by the Secretary is
prohibited. Carriers shall immediately notify the Chief
Privacy Officer of the Department in writing in the event of
unauthorized use or access, or breach, of identity-theft
resistant departure manifest information.
(e) Collection at Specified Location.--If the Secretary
determines that an air or vessel carrier has not adequately
complied with the provisions of this section, the Secretary
may, in the Secretary's discretion, require the air or vessel
carrier to collect identity-theft resistant departure
manifest information at a specific location prior to the
issuance of a boarding pass or other document on the
international departure, or the boarding of crew, in any port
through which the carrier boards aliens for international
departure under the supervision of the Secretary for such
period as the Secretary considers appropriate to ensure the
adequate collection and transmission of biometric departure
manifest information.
(f) Funding.--There shall be appropriated to the Interior
Enforcement Account $500,000,000 to reimburse carriers for
their reasonable actual expenses in carrying out their duties
as described in this section.
(g) Determination of Budgetary Effects.--
(1) Emergency designation for congressional enforcement.--
In the Senate, amounts made available under this section are
designated as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
(2) Emergency designation for statutory paygo.--Amounts
made available under this section are designated as an
emergency requirement under section 4(g) of the Statutory
Pay-As-You-Go Act of 2010 (Public Law 111-139; 2 U.S.C.
933(g)).
SEC. 3305. PROFILING.
(a) Prohibition.--In making routine or spontaneous law
enforcement decisions, such as ordinary traffic stops,
Federal law enforcement officers may not use race or
ethnicity to any degree, except that officers may rely on
race and ethnicity if a specific suspect description exists.
(b) Exceptions.--
(1) Specific investigation.--In conducting activities in
connection with a specific investigation, Federal law
enforcement officers may consider race and ethnicity only to
the extent that there is trustworthy information, relevant to
the locality or time frame, that links persons of a
particular race or ethnicity to an identified criminal
incident, scheme, or organization. This standard applies even
where the use of race or ethnicity might otherwise be lawful.
(2) National security.--In investigating or preventing
threats to national security or other catastrophic events
(including the performance of duties related to air
transportation security), or in enforcing laws protecting the
integrity of the Nation's borders, Federal law enforcement
officers may not consider race or ethnicity except to the
extent permitted by the Constitution and laws of the United
States.
(3) Defined term.--In this section, the term ``Federal law
enforcement officer'' means any officer, agent, or employee
of the United States authorized by law or by a Government
agency to engage in or supervise the prevention, detection,
investigation, or prosecution of any violation of Federal
law.
(c) Study and Regulations.--
(1) Data collection.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall begin
collecting data regarding the individualized immigration
enforcement activities of covered Department officers.
(2) Study.--Not later than 180 days after data collection
under paragraph (1) commences, the Secretary shall complete a
study analyzing the data.
(3) Regulations.--Not later than 90 days after the date the
study required by paragraph (2) is completed, the Secretary,
in consultation with the Attorney General, shall
[[Page S5424]]
issue regulations regarding the use of race, ethnicity, and
any other suspect classifications the Secretary deems
appropriate by covered Department officers.
(4) Reports.--Not later than 30 days after completion of
the study required by paragraph (2), the Secretary shall
submit the study to--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(B) the Committee on Homeland Security of the House of
Representatives;
(C) the Committee on Appropriations of the Senate;
(D) the Committee on Appropriations of the House of
Representatives;
(E) the Committee on the Judiciary of the Senate; and
(F) the Committee on the Judiciary of the House of
Representatives.
(5) Defined term.--In this subsection, the term ``covered
Department officer'' means any officer, agent, or employee of
United States Customs and Border Protection, United States
Immigration and Customs Enforcement, or the Transportation
Security Administration.
SEC. 3306. ENHANCED PENALTIES FOR CERTAIN DRUG OFFENSES ON
FEDERAL LANDS.
(a) Cultivating or Manufacturing Controlled Substances on
Federal Property.--Section 401(b)(5) of the Controlled
Substances Act (21 U.S.C. 841(b)(5)) is amended by striking
``as provided in this subsection'' and inserting ``for not
more than 10 years, in addition to any other term of
imprisonment imposed under this subsection,''.
(b) Use of Hazardous Substances.--Pursuant to its authority
under section 994 of title 28, United States Code, the United
States Sentencing Commission shall amend the Federal
Sentencing Guidelines and policy statements to ensure that
the guidelines provide an additional penalty increase of 2
offense levels above the sentence otherwise applicable for a
violation of section 401(a) of the Controlled Substances Act
(21 U.S.C. 841(a)) if the offense--
(1) includes the use of a poison, chemical, or other
hazardous substance to cultivate or manufacture controlled
substances on Federal property;
(2) creates a hazard to humans, wildlife, or domestic
animals;
(3) degrades or harms the environment or natural resources;
or
(4) pollutes an aquifer, spring, stream, river, or body of
water.
(c) Stream Diversion or Clear Cutting on Federal
Property.--
(1) Prohibition on stream diversion or clear cutting on
federal property.--Section 401(b) of the Controlled
Substances Act is amended by adding at the end the following:
``(8) Destruction of bodies of water.--Any person who
violates subsection (a) in a manner that diverts, redirects,
obstructs, or drains an aquifer, spring, stream, river, or
body of water or clear cuts timber while cultivating or
manufacturing a controlled substance on Federal property
shall be fined in accordance with title 18, United States
Code.''.
(2) Federal sentencing guidelines enhancement.--Pursuant to
its authority under section 994 of title 28, United States
Code, the United States Sentencing Commission shall amend the
Federal Sentencing Guidelines and policy statements to ensure
that the guidelines provide an additional penalty increase of
2 offense levels for above the sentence otherwise applicable
for a violation of section 401(a) of the Controlled
Substances Act (21 U.S.C. 841(a)) if the offense involves the
diversion, redirection, obstruction, or draining of an
aquifer, spring, stream, river, or body of water or the clear
cut of timber while cultivating or manufacturing a controlled
substance on Federal property.
(d) Booby Traps on Federal Land.--Section 401(d)(1) of the
Controlled Substances Act (21 U.S.C. 841(d)(1)) is amended by
inserting ``cultivated,'' after ``is being''.
(e) Use or Possession of Firearms in Connection With Drug
Offenses on Federal Lands.--Pursuant to its authority under
section 994 of title 28, United States Code, the United
States Sentencing Commission shall amend the Federal
Sentencing Guidelines and policy statements to ensure that
the guidelines provide an additional penalty increase of 2
offense levels above the sentence otherwise applicable for a
violation of section 401(a) of the Controlled Substances Act
(21 U.S.C. 841(a)) if the offense involves the possession of
a firearm while cultivating or manufacturing controlled
substances on Federal lands.
Subtitle D--Asylum and Refugee Provisions
SEC. 3400. SHORT TITLE.
This subtitle may be cited as the ``Frank R. Lautenberg
Asylum and Refugee Reform Act''.
SEC. 3401. TIME LIMITS AND EFFICIENT ADJUDICATION OF GENUINE
ASYLUM CLAIMS.
Section 208(a)(2) (8 U.S.C. 1158(a)(2)) is amended--
(1) in subparagraph (A), by inserting ``or the Secretary of
Homeland Security'' after ``Attorney General'' both places
such term appears;
(2) by striking subparagraphs (B) and (D);
(3) by redesignating subparagraph (C) as subparagraph (B);
(4) in subparagraph (B), as redesignated, by striking
``subparagraph (D)'' and inserting ``subparagraphs (C) and
(D)''; and
(5) by inserting after subparagraph (B), as redesignated,
the following:
``(C) Changed circumstances.--Notwithstanding subparagraph
(B), an application for asylum of an alien may be considered
if the alien demonstrates, to the satisfaction of the
Attorney General or the Secretary of Homeland Security, the
existence of changed circumstances that materially affect the
applicant's eligibility for asylum.
``(D) Motion to reopen certain meritorious claims.--
Notwithstanding subparagraph (B) or section 240(c)(7), an
alien may file a motion to reopen an asylum claim during the
2-year period beginning on the date of the enactment of the
Border Security, Economic Opportunity, and Immigration
Modernization Act if the alien--
``(i) was denied asylum based solely upon a failure to meet
the 1-year application filing deadline in effect on the date
on which the application was filed;
``(ii) was granted withholding of removal pursuant to
section 241(b)(3) and has not obtained lawful permanent
residence in the United States pursuant to any other
provision of law;
``(iii) is not subject to the safe third country exception
under subparagraph (A) or a bar to asylum under subsection
(b)(2) and should not be denied asylum as a matter of
discretion; and
``(iv) is physically present in the United States when the
motion is filed.''.
SEC. 3402. REFUGEE FAMILY PROTECTIONS.
(a) Children of Refugee or Asylee Spouses and Children.--A
child of an alien who qualifies for admission as a spouse or
child under section 207(c)(2)(A) or 208(b)(3) of the
Immigration and Nationality Act (8 U.S.C. 1157(c)(2)(A) and
1158(b)(3)) shall be entitled to the same status as such
alien if the child--
(1) is accompanying or following to join such alien; and
(2) is otherwise eligible under section 207(c)(2)(A) or
208(b)(3) of the Immigration and Nationality Act.
SEC. 3403. CLARIFICATION ON DESIGNATION OF CERTAIN REFUGEES.
(a) Termination of Certain Preferential Treatment in
Immigration of Amerasians.--Section 584 of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 1988 (8 U.S.C. 1101 note) is amended by
adding at the end the following:
``(f) No visa may be issued under this section if the
petition or application for such visa is submitted on or
after the date of the enactment of the Border Security,
Economic Opportunity, and Immigration Modernization Act.''.
(b) Refugee Designation.--Section 207(c)(1) (8 U.S.C.
1157(c)(1)) is amended--
(1) by inserting ``(A)'' before ``Subject to the numerical
limitations''; and
(2) by adding at the end the following:
``(B)(i) The President, upon a recommendation of the
Secretary of State made in consultation with the Secretary of
Homeland Security, and after appropriate consultation, may
designate specifically defined groups of aliens--
``(I) whose resettlement in the United States is justified
by humanitarian concerns or is otherwise in the national
interest; and
``(II) who--
``(aa) share common characteristics that identify them as
targets of persecution on account of race, religion,
nationality, membership in a particular social group, or
political opinion; or
``(bb) having been identified as targets as described in
item (aa), share a common need for resettlement due to a
specific vulnerability.
``(ii) An alien who establishes membership in a group
designated under clause (i) to the satisfaction of the
Secretary of Homeland Security shall be considered a refugee
for purposes of admission as a refugee under this section
unless the Secretary determines that such alien ordered,
incited, assisted, or otherwise participated in the
persecution of any person on account of race, religion,
nationality, membership in a particular social group, or
political opinion.
``(iii) A designation under clause (i) is for purposes of
adjudicatory efficiency and may be revoked by the President
at any time after notification to Congress.
``(iv) Categories of aliens established under section 599D
of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1990 (Public Law 101-167; 8
U.S.C. 1157 note)--
``(I) shall be designated under clause (i) until the end of
the first fiscal year commencing after the date of the
enactment of the Border Security, Economic Opportunity, and
Immigration Modernization Act; and
``(II) shall be eligible for designation thereafter at the
discretion of the President, considering, among other
factors, whether a country under consideration has been
designated by the Secretary of State as a `Country of
Particular Concern' for engaging in or tolerating systematic,
ongoing, and egregious violations of religious freedom.
``(v) A designation under clause (i) shall not influence
decisions to grant, to any alien, asylum under section 208,
protection under section 241(b)(3), or protection under the
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, done at New York December
10, 1984.
``(vi) A decision to deny admission under this section to
an alien who establishes to the satisfaction of the Secretary
that the alien is a member of a group designated under clause
(i) shall--
[[Page S5425]]
``(I) be in writing; and
``(II) state, to the maximum extent feasible, the reason
for the denial.
``(vii) Refugees admitted pursuant to a designation under
clause (i) shall be subject to the number of admissions and
be admissible under this section.''.
SEC. 3404. ASYLUM DETERMINATION EFFICIENCY.
Section 235(b)(1)(B)(ii) (8 U.S.C. 1225(b)(1)(B)(ii)) is
amended by striking ``asylum.'' and inserting ``asylum by an
asylum officer. The asylum officer, after conducting a
nonadversarial asylum interview and seeking supervisory
review, may grant asylum to the alien under section 208 or
refer the case to a designee of the Attorney General, for a
de novo asylum determination, for relief under the Convention
Against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, done at New York December 10, 1984,
or for protection under section 241(b)(3).''.
SEC. 3405. STATELESS PERSONS IN THE UNITED STATES.
(a) In General.--Chapter 1 of title II (8 U.S.C. 1151 et
seq.) is amended by adding at the end the following:
``SEC. 210A. PROTECTION OF CERTAIN STATELESS PERSONS IN THE
UNITED STATES.
``(a) Stateless Persons.--
``(1) In general.--In this section, the term `stateless
person' means an individual who is not considered a national
under the operation of the laws of any country.
``(2) Designation of specific stateless groups.--The
Secretary of Homeland Security, in consultation with the
Secretary of State, may, in the discretion of the Secretary,
designate specific groups of individuals who are considered
stateless persons, for purposes of this section.
``(b) Status of Stateless Persons.--
``(1) Relief for certain individuals determined to be
stateless persons.--The Secretary of Homeland Security or the
Attorney General may, in his or her discretion, provide
conditional lawful status to an alien who is otherwise
inadmissible or deportable from the United States if the
alien--
``(A) is a stateless person present in the United States;
``(B) applies for such relief;
``(C) has not lost his or her nationality as a result of
his or her voluntary action or knowing inaction after arrival
in the United States;
``(D) except as provided in paragraphs (2) and (3), is not
inadmissible under section 212(a); and
``(E) is not described in section 241(b)(3)(B)(i).
``(2) Inapplicability of certain provisions.--The
provisions under paragraphs (4), (5), (7), and (9)(B) of
section 212(a) shall not apply to any alien seeking relief
under paragraph (1).
``(3) Waiver.--The Secretary or the Attorney General may
waive any other provisions of such section, other than
subparagraphs (B), (C), (D)(ii), (E), (G), (H), or (I) of
paragraph (2), paragraph (3), paragraph (6)(C)(i) (with
respect to misrepresentations relating to the application for
relief under paragraph (1)), or subparagraphs (A), (C), (D),
or (E) of paragraph (10) of section 212(a), with respect to
such an alien for humanitarian purposes, to assure family
unity, or if it is otherwise in the public interest.
``(4) Submission of passport or travel document.--Any alien
who seeks relief under this section shall submit to the
Secretary of Homeland Security or the Attorney General--
``(A) any available passport or travel document issued at
any time to the alien (whether or not the passport or
document has expired or been cancelled, rescinded, or
revoked); or
``(B) an affidavit, sworn under penalty of perjury--
``(i) stating that the alien has never been issued a
passport or travel document; or
``(ii) identifying with particularity any such passport or
travel document and explaining why the alien cannot submit
it.
``(5) Work authorization.--The Secretary of Homeland
Security may authorize an alien who has applied for and is
found prima facie eligible for or been granted relief under
paragraph (1) to engage in employment in the United States.
``(6) Travel documents.--The Secretary may issue
appropriate travel documents to an alien who has been granted
relief under paragraph (1) that would allow him or her to
travel abroad and be admitted to the United States upon
return, if otherwise admissible.
``(7) Treatment of spouse and children.--The spouse or
child of an alien who has been granted conditional lawful
status under paragraph (1) shall, if not otherwise eligible
for admission under paragraph (1), be granted conditional
lawful status under this section if accompanying, or
following to join, such alien if--
``(A) the spouse or child is admissible (except as
otherwise provided in paragraphs (2) and (3)) and is not
described in section 241(b)(3)(B)(i); and
``(B) the qualifying relationship to the principal
beneficiary existed on the date on which such alien was
granted conditional lawful status.
``(c) Adjustment of Status.--
``(1) Inspection and examination.--At the end of the 1-year
period beginning on the date on which an alien has been
granted conditional lawful status under subsection (b), the
alien may apply for lawful permanent residence in the United
States if--
``(A) the alien has been physically present in the United
States for at least 1 year;
``(B) the alien's conditional lawful status has not been
terminated by the Secretary of Homeland Security or the
Attorney General, pursuant to such regulations as the
Secretary or the Attorney General may prescribe; and
``(C) the alien has not otherwise acquired permanent
resident status.
``(2) Requirements for adjustment of status.--The Secretary
of Homeland Security or the Attorney General, under such
regulations as the Secretary or the Attorney General may
prescribe, may adjust the status of an alien granted
conditional lawful status under subsection (b) to that of an
alien lawfully admitted for permanent residence if such
alien--
``(A) is a stateless person;
``(B) properly applies for such adjustment of status;
``(C) has been physically present in the United States for
at least 1 year after being granted conditional lawful status
under subsection (b);
``(D) is not firmly resettled in any foreign country; and
``(E) is admissible (except as otherwise provided under
paragraph (2) or (3) of subsection (b)) as an immigrant under
this chapter at the time of examination of such alien for
adjustment of status.
``(3) Record.--Upon approval of an application under this
subsection, the Secretary of Homeland Security shall
establish a record of the alien's admission for lawful
permanent residence as of the date that is 1 year before the
date of such approval.
``(4) Numerical limitation.--The number of aliens who may
receive an adjustment of status under this section for a
fiscal year shall be subject to the numerical limitation of
section 203(b)(4).
``(d) Proving the Claim.--In determining an alien's
eligibility for lawful conditional status or adjustment of
status under this subsection, the Secretary of Homeland
Security or the Attorney General shall consider any credible
evidence relevant to the application. The determination of
what evidence is credible and the weight to be given that
evidence shall be within the sole discretion of the Secretary
or the Attorney General.
``(e) Review.--
``(1) Administrative review.--No appeal shall lie from the
denial of an application by the Secretary, but such denial
will be without prejudice to the alien's right to renew the
application in proceedings under section 240.
``(2) Motions to reopen.--Notwithstanding any limitation
imposed by law on motions to reopen removal, deportation, or
exclusion proceedings, any individual who is eligible for
relief under this section may file a motion to reopen
proceedings in order to apply for relief under this section.
Any such motion shall be filed within 2 years of the date of
the enactment of the Border Security, Economic Opportunity,
and Immigration Modernization Act.
``(f) Limitation.--
``(1) Applicability.--The provisions of this section shall
only apply to aliens present in the United States.
``(2) Savings provision.--Nothing in this section may be
construed to authorize or require--
``(A) the admission of any alien to the United States;
``(B) the parole of any alien into the United States; or
``(C) the grant of any motion to reopen or reconsider filed
by an alien after departure or removal from the United
States.''.
(b) Judicial Review.--Section 242(a)(2)(B)(ii) (8 U.S.C.
1252(a)(2)(B)(ii)) is amended by striking ``208(a).'' and
inserting ``208(a) or 210A.''.
(c) Conforming Amendment.--Section 203(b)(4) (8 U.S.C.
1153(b)(4)) is amended by inserting ``to aliens granted an
adjustment of status under section 210A(c) or'' after
``level,''.
(d) Clerical Amendment.--The table of contents for the
Immigration and Nationality Act is amended by inserting after
the item relating to section 210 the following:
``Sec. 210A. Protection of stateless persons in the United States.''.
SEC. 3406. U VISA ACCESSIBILITY.
Section 214(p)(2)(A) (8 U.S.C. 1184(p)(2)(A)) is amended by
striking ``10,000.'' and inserting ``18,000, of which not
more than 3,000 visas may be issued for aliens who are
victims of a covered violation described in section
101(a)(15)(U).''.
SEC. 3407. WORK AUTHORIZATION WHILE APPLICATIONS FOR U AND T
VISAS ARE PENDING.
(a) U Visas.--Section 214(p) (8 U.S.C. 1184(p)), as amended
by section 3406 of this Act, is further amended--
(1) in paragraph (6), by striking the last sentence; and
(2) by adding at the end the following:
``(7) Work authorization.--Notwithstanding any provision of
this Act granting eligibility for employment in the United
States, the Secretary of Homeland Security shall grant
employment authorization to an alien who has filed an
application for nonimmigrant status under section
101(a)(15)(U) on the date that is the earlier of--
``(A) the date on which the alien's application for such
status is approved; or
``(B) a date determined by the Secretary that is not later
than 180 days after the date on which the alien filed the
application.''.
(b) T Visas.--Section 214(o) (8 U.S.C. 1184(o)) is amended
by adding at the end the following:
[[Page S5426]]
``(8) Notwithstanding any provision of this Act granting
eligibility for employment in the United States, the
Secretary of Homeland Security shall grant employment
authorization to an alien who has filed an application for
nonimmigrant status under section 101(a)(15)(T) on the date
that is the earlier of--
``(A) the date on which the alien's application for such
status is approved; or
``(B) a date determined by the Secretary that is not later
than 180 days after the date on which the alien filed the
application.''.
SEC. 3408. REPRESENTATION AT OVERSEAS REFUGEE INTERVIEWS.
Section 207(c) (8 U.S.C. 1157(c)) is amended by adding at
the end the following:
``(5) The adjudicator of an application for refugee status
under this section shall consider all relevant evidence and
maintain a record of the evidence considered.
``(6) An applicant for refugee status may be represented,
including at a refugee interview, at no expense to the
Government, by an attorney or accredited representative who--
``(A) was chosen by the applicant; and
``(B) is authorized by the Secretary of Homeland Security
to be recognized as the representative of such applicant in
an adjudication under this section.
``(7)(A) A decision to deny an application for refugee
status under this section--
``(i) shall be in writing; and
``(ii) shall provide, to the maximum extent feasible,
information on the reason for the denial, including--
``(I) the facts underlying the determination; and
``(II) whether there is a waiver of inadmissibility
available to the applicant.
``(B) The basis of any negative credibility finding shall
be part of the written decision.
``(8)(A) An applicant who is denied refugee status under
this section may file a request with the Secretary for a
review of his or her application not later than 120 days
after such denial.
``(B) A request filed under subparagraph (A) shall be
adjudicated by refugee officers who have received training on
considering requests for review of refugee applications that
have been denied.
``(C) The Secretary shall publish the standard applied to a
request for review.
``(D) A request for review may result in the decision being
granted, denied, or reopened for a further interview.
``(E) A decision on a request for review under this
paragraph--
``(i) shall be in writing; and
``(ii) shall provide, to the maximum extent feasible,
information on the reason for the denial.''.
SEC. 3409. LAW ENFORCEMENT AND NATIONAL SECURITY CHECKS.
(a) Refugees.--Section 207(c)(1) (8 U.S.C. 1157(c)(1)) is
amended by adding at the end the following: ``No alien shall
be admitted as a refugee until the identity of the applicant,
including biographic and biometric data, has been checked
against all appropriate records or databases maintained by
the Secretary of Homeland Security, the Attorney General, the
Secretary of State, and other Federal records or databases
that the Secretary of Homeland Security considers necessary,
to determine any national security, law enforcement, or other
grounds on which the alien may be inadmissible to the United
States or ineligible to apply for or be granted refugee
status.''.
(b) Asylees.--Section 208(d)(5)(A)(i) (8 U.S.C.
1158(d)(5)(A)(i)) is amended to read as follows:
``(i) asylum shall not be granted until the identity of the
applicant, using biographic and biometric data, has been
checked against all appropriate records or databases
maintained by the Secretary of Homeland Security, the
Attorney General, the Secretary of State, and other Federal
records or databases that the Secretary of Homeland Security
considers necessary, to determine any national security, law
enforcement, or other grounds on which the alien may be
inadmissible to the United States or ineligible to apply for
or be granted asylum;''.
SEC. 3410. TIBETAN REFUGEE ASSISTANCE.
(a) Short Title.--This section may be cited as the
``Tibetan Refugee Assistance Act of 2013''.
(b) Transition for Displaced Tibetans.--Notwithstanding the
numerical limitations specified in sections 201 and 202 of
the Immigration and Nationality Act (8 U.S.C. 1151 and 1152),
5,000 immigrant visas shall be made available to qualified
displaced Tibetans described in subsection (c) during the 3-
year period beginning on October 1, 2013.
(c) Qualified Displaced Tibetan Described.--
(1) In general.--An individual is a qualified displaced
Tibetan if such individual--
(A) is a native of Tibet; and
(B) has been continuously residing in India or Nepal since
before the date of the enactment of this Act.
(2) Native of tibet described.--For purposes of paragraph
(1)(A), an individual shall be considered a native of Tibet
if such individual--
(A) was born in Tibet; or
(B) is the son, daughter, grandson, or granddaughter of an
individual who was born in Tibet.
(d) Derivative Status for Spouses and Children.--A spouse
or child (as defined in subparagraphs (A), (B), (C), (D), or
(E) of section 101(b)(1) of the Immigration and Nationality
Act (8 U.S.C. 1101(b)(1))) shall, if not otherwise entitled
to an immigrant status and the immediate issuance of a visa
under this section, be entitled to the same status, and the
same order of consideration, provided under this section, if
accompanying, or following to join, the spouse or parent of
such spouse or child.
(e) Distribution of Visa Numbers.--The Secretary of State
shall ensure that immigrant visas provided under subsection
(b) are made available to qualified displaced Tibetans
described in subsection (c) or (d) in an equitable manner,
giving preference to those qualified displaced Tibetans who--
(1) are not resettled in India or Nepal; or
(2) are most likely to be resettled successfully in the
United States.
SEC. 3411. TERMINATION OF ASYLUM OR REFUGEE STATUS.
(a) Termination of Status.--Except as provided in
subsections (b) and (c), any alien who is granted asylum or
refugee status under this Act or the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), who, without good
cause as determined by the Secretary or the Attorney General,
subsequently returns to the country of such alien's
nationality or, in the case of an alien having no
nationality, returns to any country in which such alien last
habitually resided, and who applied for such status because
of persecution or a well-founded fear of persecution in that
country on account of race, religion, nationality, membership
in a particular social group, or political opinion, shall
have his or her refugee or asylum status terminated.
(b) Waiver.--The Secretary has discretion to waive
subsection (a) if it is established to the satisfaction of
the Secretary or the Attorney General that the alien had good
cause for the return. The waiver may be sought prior to
departure from the United States or upon return.
(c) Exception for Certain Aliens From Cuba.--Subsection (a)
shall not apply to an alien who is eligible for adjustment to
that of an alien lawfully admitted for permanent residence
pursuant to the Cuban Adjustment Act of 1966 (Public Law 89-
732).
SEC. 3412. ASYLUM CLOCK.
Section 208(d)(2) (8 U.S.C. 1158(d)(2)) is amended by
striking ``is not entitled to employment authorization'' and
all that follows through ``prior to 180 days after'' and
inserting ``shall be provided employment authorization 180
days after''.
Subtitle E--Shortage of Immigration Court Resources for Removal
Proceedings
SEC. 3501. SHORTAGE OF IMMIGRATION COURT PERSONNEL FOR
REMOVAL PROCEEDINGS.
(a) Immigration Court Judges.--The Attorney General shall
increase the total number of immigration judges to adjudicate
current pending cases and efficiently process future cases by
at least--
(1) 75 in fiscal year 2014;
(2) 75 in fiscal year 2015; and
(3) 75 in fiscal year 2016.
(b) Necessary Support Staff for Immigration Court Judges.--
The Attorney General shall address the shortage of support
staff for immigration judges by ensuring that each
immigration judge has the assistance of the necessary support
staff, including the equivalent of 1 staff attorney or law
clerk and 1 legal assistant.
(c) Annual Increases in Board of Immigration Appeals
Personnel.--The Attorney General shall increase the number of
Board of Immigration Appeals staff attorneys (including the
necessary additional support staff) to efficiently process
cases by at least--
(1) 30 in fiscal year 2014;
(2) 30 in fiscal year 2015; and
(3) 30 in fiscal year 2016.
(d) Funding.--There shall be appropriated, from the
Comprehensive Immigration Reform Trust Fund established under
section 6(a)(1), such sums as may be necessary to carry out
this section.
SEC. 3502. IMPROVING IMMIGRATION COURT EFFICIENCY AND
REDUCING COSTS BY INCREASING ACCESS TO LEGAL
INFORMATION.
(a) Clarification Regarding the Authority of the Attorney
General To Appoint Counsel to Aliens in Immigration
Proceedings.--Section 292 (8 U.S.C. 1362) is amended--
(1) by inserting ``(a)'' before ``In any'';
(2) by striking ``(at no expense to the Government)'';
(3) by striking ``he shall'' and inserting ``the person
shall''; and
(4) by adding at the end the following:
``(b) The Government is not required to provide counsel to
aliens under subsection (a). However, the Attorney General
may, in the Attorney General's sole and unreviewable
discretion, appoint or provide counsel to aliens in
immigration proceedings conducted under section 240 of this
Act.''.
(b) Appointment of Counsel in Certain Cases; Right To
Review Certain Documents in Removal Proceedings.--Section
240(b) (8 U.S.C. 1229a(b)) is amended--
(1) in paragraph (4)--
(A) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively;
(B) in subparagraph (A), by striking ``, at no expense to
the Government,'';
(C) by inserting after subparagraph (A) the following new
subparagraph:
``(B) the alien shall, at the beginning of the proceedings
or at a reasonable time thereafter, automatically receive a
complete copy of all relevant documents in the possession
[[Page S5427]]
of the Department of Homeland Security, including all
documents (other than documents protected from disclosure by
privilege, including national security information referenced
in subparagraph (C), law enforcement sensitive information,
and information prohibited from disclosure pursuant to any
other provision of law) contained in the file maintained by
the Government that includes information with respect to all
transactions involving the alien during the immigration
process (commonly referred to as an `A-file'), and all
documents pertaining to the alien that the Department of
Homeland Security has obtained or received from other
government agencies, unless the alien waives the right to
receive such documents by executing a knowing and voluntary
waiver in a language that he or she understands fluently,'';
and
(D) by adding at the end the following:
``The Government is not required to provide counsel to aliens
under this paragraph. However, the Attorney General may, in
the Attorney General's sole and unreviewable discretion,
appoint or provide counsel at government expense to aliens in
immigration proceedings.''; and
(2) by adding at the end the following new paragraph:
``(8) Failure to provide alien required documents.--In the
absence of a waiver under subparagraph (B) of paragraph (4),
a removal proceeding may not proceed until the alien has
received the documents as required under such
subparagraph.''.
(c) Appointment of Counsel for Unaccompanied Alien Children
and Aliens With a Serious Mental Disability.--Section 292 (8
U.S.C. 1362), as amended by subsection (a), is further
amended by adding at the end the following:
``(c) Notwithstanding subsection (b), the Attorney General
shall appoint counsel, at the expense of the Government if
necessary, to represent an alien in a removal proceeding who
has been determined by the Secretary to be an unaccompanied
alien child, is incompetent to represent himself or herself
due to a serious mental disability that would be included in
section 3(1) of the Americans with Disabilities Act of 1990
(42 U.S.C. 12102(1)), or is considered particularly
vulnerable when compared to other aliens in removal
proceedings, such that the appointment of counsel is
necessary to help ensure fair resolution and efficient
adjudication of the proceedings.''.
(d) Funding.--There shall be appropriated, from the
Comprehensive Immigration Reform Trust Fund established under
section 6(a)(1), such sums as may be necessary to carry out
this section and the amendments made by this section.
SEC. 3503. OFFICE OF LEGAL ACCESS PROGRAMS.
(a) Establishment of Office of Legal Access Programs.--The
Attorney General shall maintain, within the Executive Office
for Immigration Review, an Office of Legal Access Programs to
develop and administer a system of legal orientation programs
to make immigration proceedings more efficient and cost
effective by educating aliens regarding administrative
procedures and legal rights under United States immigration
law and to establish other programs to assist in providing
aliens access to legal information.
(b) Legal Orientation Programs.--The legal orientation
programs--
(1) shall provide programs to assist detained aliens in
making informed and timely decisions regarding their removal
and eligibility for relief from removal in order to increase
efficiency and reduce costs in immigration proceedings and
Federal custody processes and to improve access to counsel
and other legal services;
(2) may provide services to detained aliens in immigration
proceedings under sections 235, 238, 240, and 241(a)(5) of
the Immigration and Nationality Act (8 U.S.C. 1225, 1228,
1229a, and 1231(a)(5)) and to other aliens in immigration and
asylum proceedings under sections 235, 238, and 240 of the
Immigration and Nationality Act (8 U.S.C. 1225, 1228, and
1229a); and
(3) shall identify unaccompanied alien children, aliens
with a serious mental disability, and other particularly
vulnerable aliens for consideration by the Attorney General
pursuant to section 292(c) of the Immigration and Nationality
Act, as added by section 3502(c).
(c) Procedures.--The Secretary, in consultation with the
Attorney General, shall establish procedures that ensure that
legal orientation programs are available for all detained
aliens within 5 days of arrival into custody and to inform
such aliens of the basic procedures of immigration hearings,
their rights relating to those hearings under the immigration
laws, information that may deter such aliens from filing
frivolous legal claims, and any other information deemed
appropriate by the Attorney General, such as a contact list
of potential legal resources and providers.
(d) Rule of Construction.--Nothing in this subsection shall
be construed to create any substantive or procedural right or
benefit that is legally enforceable by any party against the
United States or its agencies or officers or any other
person.
(e) Funding.--There shall be appropriated, from the
Comprehensive Immigration Reform Trust Fund established under
section 6(a)(1), such sums as may be necessary to carry out
this section.
SEC. 3504. CODIFYING BOARD OF IMMIGRATION APPEALS.
(a) Definition of Board Member.--Section 101(a) (8 U.S.C.
1101(a)) is amended by adding at the end the following:
``(53) The term `Board Member' means an attorney whom the
Attorney General appoints to serve on the Board of
Immigration Appeals within the Executive Office of
Immigration Review, and is qualified to review decisions of
immigration judges and other matters within the jurisdiction
of the Board of Immigration Appeals.''.
(b) Board of Immigration Appeals.--Section 240(a)(1) (8
U.S.C. 1229a(a)(1)) is amended by adding at the end the
following: ``The Board of Immigration Appeals and its Board
Members shall review decisions of immigration judges under
this section.''.
(c) Appeals.--Section 240(b)(4) (8 U.S.C. 1229a(b)(4)), as
amended by section 3502(b), is further amended--
(1) in subparagraph (B), by striking ``, and'' and
inserting a semicolon;
(2) in subparagraph (C), by striking the period and
inserting ``; and''; and
(3) by inserting after subparagraph (C) the following:
``(D) the alien or the Department of Homeland Security may
appeal the immigration judge's decision to a 3-judge panel of
the Board of Immigration Appeals.''.
(d) Decision and Burden of Proof.--Section 240(c)(1)(A) (8
U.S.C. 1229a(c)(1)(A)) is amended to read as follows:
``(A) In general.--At the conclusion of the proceeding, the
immigration judge shall decide whether an alien is removable
from the United States. The determination of the immigration
judge shall be based only on the evidence produced at the
hearing. On appeal, the Board of Immigration Appeals shall
issue a written opinion. The opinion shall address all
dispositive arguments raised by the parties. The panel may
incorporate by reference the opinion of the immigration judge
whose decision is being reviewed, provided that the panel
also addresses any arguments made by the nonprevailing party
regarding purported errors of law, fact, or discretion.''.
SEC. 3505. IMPROVED TRAINING FOR IMMIGRATION JUDGES AND BOARD
MEMBERS.
(a) In General.--Section 240 (8 U.S.C. 1229a) is amended by
adding at the end the following:
``(f) Improved Training.--
``(1) Improved training for immigration judges and board
members.--
``(A) In general.--In consultation with the Attorney
General and the Director of the Federal Judicial Center, the
Director of the Executive Office for Immigration Review shall
review and modify, as appropriate, training programs for
immigration judges and Board Members.
``(B) Elements of review.--Each such review shall study--
``(i) the expansion of the training program for new
immigration judges and Board Members;
``(ii) continuing education regarding current developments
in the field of immigration law; and
``(iii) methods to ensure that immigration judges are
trained on properly crafting and dictating decisions.
``(2) Improved training and guidance for staff.--The
Director of the Executive Office for Immigration Review
shall--
``(A) modify guidance and training regarding screening
standards and standards of review; and
``(B) ensure that Board Members provide staff attorneys
with appropriate guidance in drafting decisions in individual
cases, consistent with the policies and directives of the
Director of the Executive Office for Immigration Review and
the Chairman of the Board of Immigration Appeals.''.
(b) Funding.--There shall be appropriated, from the
Comprehensive Immigration Reform Trust Fund established under
section 6(a)(1), such sums as may be necessary to carry out
this section and the amendment made by this section.
SEC. 3506. IMPROVED RESOURCES AND TECHNOLOGY FOR IMMIGRATION
COURTS AND BOARD OF IMMIGRATION APPEALS.
(a) Improved On-bench Reference Materials and Decision
Templates.--The Director of the Executive Office for
Immigration Review shall ensure that immigration judges are
provided with updated reference materials and standard
decision templates that conform to the law of the circuits in
which they sit.
(b) Practice Manual.--The Director of the Executive Office
for Immigration Review shall produce a practice manual
describing best practices for the immigration courts and
shall make such manual available electronically to counsel
and litigants who appear before the immigration courts.
(c) Recording System and Other Technologies.--
(1) Plan required.--The Director of the Executive Office
for Immigration Review shall provide the Attorney General
with a plan and a schedule to replace the immigration courts'
tape recording system with a digital recording system that is
compatible with the information management systems of the
Executive Office for Immigration Review.
(2) Audio recording system.--Consistent with the plan
described in paragraph (1), the Director shall pilot a
digital audio recording system not later than 1 year after
the enactment of this Act, and shall begin nationwide
implementation of that system as soon as practicable.
(d) Improved Transcription Services.--Not later than 1 year
after the enactment of
[[Page S5428]]
this Act, the Director of the Executive Office for
Immigration Review shall report to the Attorney General on
the current transcription services utilized by the Office and
recommend improvements to this system regarding quality and
timeliness of transcription.
(e) Improved Interpreter Selection.--Not later than 1 year
after the enactment of this Act, the Director of the
Executive Office for Immigration Review shall report to the
Attorney General on the current interpreter selection process
utilized by the Office and recommend improvements to this
process regarding screening, hiring, certification, and
evaluation of staff and contract interpreters.
(f) Funding.--There shall be appropriated, from the
Comprehensive Immigration Reform Trust Fund established under
section 6(a)(1), such sums as may be necessary to carry out
this section.
SEC. 3507. TRANSFER OF RESPONSIBILITY FOR TRAFFICKING
PROTECTIONS.
(a) Transfer of Responsibility.--
(1) In general.--All unexpended balances appropriated or
otherwise available to the Department of Health and Human
Services and its Office of Refugee Resettlement in connection
with the functions provided for in paragraphs (5) and (6) of
section 235(c) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)),
shall, subject to section 202 of the Budget and Accounting
Procedures Act of 1950, be transferred to the Department of
Justice. Funds transferred pursuant to this paragraph shall
remain available until expended and shall be used only for
the purposes for which the funds were originally authorized
and appropriated.
(2) Contract authority.--The Attorney General may award
grants to, and enter into contracts to carry out the
functions set forth in paragraphs (5) and (6) of Section
235(c) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008.
(b) Conforming Amendments.--Section 235(c) of the William
Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008 (8 U.S.C. 1232(c)) is amended--
(1) in paragraph (5)--
(A) by striking ``Secretary of Health and Human Services''
each place it appears and inserting ``Attorney General''; and
(B) by striking the last sentence; and
(2) in paragraph (6)--
(A) by striking ``Secretary of Health and Human Services''
each place it appears and inserting ``Attorney General'';
(B) in subparagraphs (B)(ii), (D), and (F), by striking
``Secretary'' each place it appears and inserting ``Attorney
General''; and
(C) in subparagraph (F), by striking ``and Human
Services''.
Subtitle F--Prevention of Trafficking in Persons and Abuses Involving
Workers Recruited Abroad
SEC. 3601. DEFINITIONS.
(a) In General.--Except as otherwise provided by this
subtitle, the terms used in this subtitle shall have the same
meanings, respectively, as are given those terms in section 3
of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).
(b) Other Definitions.--
(1) Foreign labor contractor.--The term ``foreign labor
contractor'' means any person who performs foreign labor
contracting activity, including any person who performs
foreign labor contracting activity wholly outside of the
United States, except that the term does not include any
entity of the United States Government.
(2) Foreign labor contracting activity.--The term ``foreign
labor contracting activity'' means recruiting, soliciting, or
related activities with respect to an individual who resides
outside of the United States in furtherance of employment in
the United States, including when such activity occurs wholly
outside of the United States.
(3) Person.--The term ``person'' means any natural person
or any corporation, company, firm, partnership, joint stock
company or association or other organization or entity
(whether organized under law or not), including municipal
corporations.
(4) Worker.--The term ``worker'' means an individual who is
the subject of foreign labor contracting activity and does
not include an exchange visitor (as defined in section 62.2
of title 22, Code of Federal Regulations, or any similar
successor regulation).
SEC. 3602. DISCLOSURE.
(a) Requirement for Disclosure.--Any person who engages in
foreign labor contracting activity shall ascertain and
disclose in writing in English and in the primary language of
the worker at the time of the worker's recruitment, the
following information:
(1) The identity and address of the employer and the
identity and address of the person conducting the recruiting
on behalf of the employer, including any subcontractor or
agent involved in such recruiting.
(2) All assurances and terms and conditions of employment,
from the prospective employer for whom the worker is being
recruited, including the work hours, level of compensation to
be paid, the place and period of employment, a description of
the type and nature of employment activities, any
withholdings or deductions from compensation and any
penalties for terminating employment.
(3) A signed copy of the work contract between the worker
and the employer.
(4) The type of visa under which the foreign worker is to
be employed, the length of time for which the visa will be
valid, the terms and conditions under which the visa may be
renewed, and a clear statement of any expenses associated
with securing or renewing the visa.
(5) An itemized list of any costs or expenses to be charged
to the worker and any deductions to be taken from wages,
including any costs for housing or accommodation,
transportation to and from the worksite, meals, health
insurance, workers' compensation, costs of benefits provided,
medical examinations, healthcare, tools, or safety equipment
costs.
(6) The existence of any labor organizing effort, strike,
lockout, or other labor dispute at the place of employment.
(7) Whether and the extent to which workers will be
compensated through workers' compensation, private insurance,
or otherwise for injuries or death, including work-related
injuries and death, during the period of employment and, if
so, the name of the State workers' compensation insurance
carrier or the name of the policyholder of the private
insurance, the name and the telephone number of each person
who must be notified of an injury or death, and the time
period within which such notice must be given.
(8) A statement, in a form specified by the Secretary--
(A) stating that--
(i) no foreign labor contractor, agent, or employee of a
foreign labor contractor, may lawfully assess any fee
(including visa fees, processing fees, transportation fees,
legal expenses, placement fees, and other costs) to a worker
for any foreign labor contracting activity; and
(ii) the employer may bear such costs or fees for the
foreign labor contractor, but that these fees cannot be
passed along to the worker;
(B) explaining that--
(i) no additional significant requirements or changes may
be made to the original contract signed by the worker without
at least 24 hours to consider such changes and the specific
consent of the worker, obtained voluntarily and without
threat of penalty; and
(ii) any significant changes made to the original contract
that do not comply with clause (i) shall be a violation of
this subtitle and be subject to the provisions of section
3610 of this Act; and
(C) describing the protections afforded the worker by this
section and by section 202 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1375b) and any applicable visa program, including--
(i) relevant information about the procedure for filing a
complaint provided for in section 3610; and
(ii) the telephone number for the national human
trafficking resource center hotline number.
(9) Any education or training to be provided or required,
including--
(A) the nature, timing, and cost of such training;
(B) the person who will pay such costs;
(C) whether the training is a condition of employment,
continued employment, or future employment; and
(D) whether the worker will be paid or remunerated during
the training period, including the rate of pay.
(b) Relationship to Labor and Employment Laws.--Nothing in
the disclosure required by subsection (a) shall constitute a
legal conclusion as to the worker's status or rights under
the labor and employment laws.
(c) Prohibition on False and Misleading Information.--No
foreign labor contractor or employer who engages in any
foreign labor contracting activity shall knowingly provide
materially false or misleading information to any worker
concerning any matter required to be disclosed under
subsection (a). The disclosure required by this section is a
document concerning the proper administration of a matter
within the jurisdiction of a department or agency of the
United States for the purposes of section 1519 of title 18,
United States Code.
SEC. 3603. PROHIBITION ON DISCRIMINATION.
(a) In General.--It shall be unlawful for an employer or a
foreign labor contractor to fail or refuse to hire,
discharge, intimidate, threaten, restrain, coerce, or
blacklist any individual or otherwise discriminate against an
individual with respect to compensation, terms, conditions,
or privileges of employment, because of such individual's
race, color, creed, sex, national origin, religion, age, or
disability.
(b) Determinations of Discrimination.--For the purposes of
determining the existence of unlawful discrimination under
subsection (a)--
(1) in the case of a claim of discrimination based on race,
color, creed, sex, national origin, or religion, the same
legal standards shall apply as are applicable under title VII
of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.);
(2) in the case of a claim of discrimination based on
unlawful discrimination based on age, the same legal
standards shall apply as are applicable under the Age
Discrimination in Employment Act of 1967 (29 U.S.C. 621 et
seq.); and
(3) in the case of a claim of discrimination based on
disability, the same legal standards shall apply as are
applicable under title I of the Americans With Disabilities
Act of 1990 (42 U.S.C. 12111 et seq.).
SEC. 3604. RECRUITMENT FEES.
No employer, foreign labor contractor, or agent or employee
of a foreign labor contractor, shall assess any fee
(including visa fees, processing fees, transportation fees,
[[Page S5429]]
legal expenses, placement fees, and other costs) to a worker
for any foreign labor contracting activity.
SEC. 3605. REGISTRATION.
(a) Requirement To Register.--
(1) In general.--Subject to paragraph (2), prior to
engaging in any foreign labor contracting activity, any
person who is a foreign labor contractor or who, for any
money or other valuable consideration paid or promised to be
paid, performs a foreign labor contracting activity on behalf
of a foreign labor contractor, shall obtain a certificate of
registration from the Secretary of Labor pursuant to
regulations promulgated by the Secretary under subsection
(c).
(2) Exception for certain employers.--An employer, or
employee of an employer, who engages in foreign labor
contracting activity solely to find employees for that
employer's own use, and without the participation of any
other foreign labor contractor, shall not be required to
register under this section.
(b) Notification.--
(1) Annual employer notification.--Each employer shall
notify the Secretary, not less frequently than once every
year, of the identity of any foreign labor contractor
involved in any foreign labor contracting activity for, or on
behalf of, the employer, including at a minimum, the name and
address of the foreign labor contractor, a description of the
services for which the foreign labor contractor is being
used, whether the foreign labor contractor is to receive any
economic compensation for the services, and, if so, the
identity of the person or entity who is paying for the
services.
(2) Annual foreign labor contractor notification.--Each
foreign labor contractor shall notify the Secretary, not less
frequently than once every year, of the identity of any
subcontractee, agent, or foreign labor contractor employee
involved in any foreign labor contracting activity for, or on
behalf of, the foreign labor contractor.
(3) Noncompliance notification.--An employer shall notify
the Secretary of the identity of a foreign labor contractor
whose activities do not comply with this subtitle.
(4) Agreement.--Not later than 7 days after receiving a
request from the Secretary, an employer shall provide the
Secretary with the identity of any foreign labor contractor
with which the employer has a contract or other agreement.
(c) Regulations.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall promulgate
regulations to establish an efficient electronic process for
the timely investigation and approval of an application for a
certificate of registration of foreign labor contractors,
including--
(1) a declaration, subscribed and sworn to by the
applicant, stating the applicant's permanent place of
residence, the foreign labor contracting activities for which
the certificate is requested, and such other relevant
information as the Secretary may require;
(2) a set of fingerprints of the applicant;
(3) an expeditious means to update registrations and renew
certificates;
(4) providing for the consent of any foreign labor
recruiter to the designation by a court of the Secretary as
an agent available to accept service of summons in any action
against the applicant, if the applicant has left the
jurisdiction in which the action is commenced, otherwise has
become unavailable to accept service, or is subject to
personal jurisdiction in no State;
(5) providing for the consent of any foreign labor
recruiter to jurisdiction in the Department or any Federal or
State court in the United States for any action brought by
any aggrieved individual or worker;
(6) providing for cooperation in any investigation by the
Secretary or other appropriate authorities;
(7) providing for consent to the forfeiture of the bond for
failure to cooperate with these provisions;
(8) providing for consent to be liable for violations of
this subtitle by any agents or subcontractees of any level in
relation to the foreign labor contracting activity of the
agent or subcontractee to the same extent as if the foreign
labor contractor had committed the violation; and
(9) providing for consultation with other appropriate
Federal agencies to determine whether any reason exists to
deny registration to a foreign labor contractor.
(d) Term of Registration.--Unless suspended or revoked, a
certificate under this section shall be valid for 2 years.
(e) Application Fee.--
(1) Requirement for fee.--In addition to any other fees
authorized by law, the Secretary shall impose a fee, to be
deposited in the general fund of the Treasury, on a foreign
labor contractor that submits an application for a
certificate of registration under this section.
(2) Amount of fee.--The amount of the fee required by
paragraph (1) shall be set at a level that the Secretary
determines sufficient to cover the full costs of carrying out
foreign labor contract registration activities under this
subtitle, including worker education and any additional costs
associated with the administration of the fees collected.
(f) Refusal To Issue; Revocation.--In accordance with
regulations promulgated by the Secretary, the Secretary shall
refuse to issue or renew, or shall revoke and debar from
eligibility to obtain a certificate of registration for a
period of not greater than 5 years, after notice and an
opportunity for a hearing, a certificate of registration
under this section if--
(1) the applicant for, or holder of, the certification has
knowingly made a material misrepresentation in the
application for such certificate;
(2) the applicant for, or holder of, the certification is
not the real party in interest in the application or
certificate of registration and the real party in interest--
(A) is a person who has been refused issuance or renewal of
a certificate;
(B) has had a certificate revoked; or
(C) does not qualify for a certificate under this section;
(3) the applicant for, or holder of, the certification has
been convicted within the preceding 5 years of--
(A) any felony under State or Federal law or crime
involving robbery, bribery, extortion, embezzlement, grand
larceny, burglary, arson, violation of narcotics laws,
murder, rape, assault with intent to kill, assault which
inflicts grievous bodily injury, prostitution, peonage, or
smuggling or harboring individuals who have entered the
United States illegally; or
(B) any crime relating to gambling, or to the sale,
distribution or possession of alcoholic beverages, in
connection with or incident to any labor contracting
activities; or
(4) the applicant for, or holder of, the certification has
materially failed to comply with this section.
(g) Re-registration of Violators.--The Secretary shall
establish a procedure by which a foreign labor contractor
that has had its registration revoked under subsection (f)
may seek to re-register under this subsection by
demonstrating to the Secretary's satisfaction that the
foreign labor contractor has not violated this subtitle in
the previous 5 years and that the foreign labor contractor
has taken sufficient steps to prevent future violations of
this subtitle.
SEC. 3606. BONDING REQUIREMENT.
(a) In General.--The Secretary shall require a foreign
labor contractor to post a bond in an amount sufficient to
ensure the ability of the foreign labor contractor to
discharge its responsibilities and to ensure protection of
workers, including wages.
(b) Regulations.--The Secretary, by regulation, shall
establish the conditions under which the bond amount is
determined, paid, and forfeited.
(c) Relationship to Other Remedies.--The bond requirements
and forfeiture of the bond under this section shall be in
addition to other remedies under 3610 or any other law.
SEC. 3607. MAINTENANCE OF LISTS.
(a) In General.--The Secretary shall maintain--
(1) a list of all foreign labor contractors registered
under this subsection, including--
(A) the countries from which the contractors recruit;
(B) the employers for whom the contractors recruit;
(C) the visa categories and occupations for which the
contractors recruit; and
(D) the States where recruited workers are employed; and
(2) a list of all foreign labor contractors whose
certificate of registration the Secretary has revoked.
(b) Updates; Availability.--The Secretary shall--
(1) update the lists required by subsection (a) on an
ongoing basis, not less frequently than every 6 months; and
(2) make such lists publicly available, including through
continuous publication on Internet websites and in written
form at and on the websites of United States embassies in the
official language of that country.
(c) Inter-agency Availability.--The Secretary shall share
the information described in subsection (a) with the
Secretary of State.
SEC. 3608. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT.
Section 214 (8 U.S.C. 1184) is amended by adding at the end
the following:
``(s) A visa shall not be issued under the subparagraph
(A)(iii), (B)(i) (but only for domestic servants described in
clause (i) or (ii) of section 274a.12(c)(17) of title 8, Code
of Federal Regulations (as in effect on December 4, 2007)),
(G)(v), (H), (J), (L), (Q), (R), or (W) of section 101(a)(15)
until the consular officer--
``(1) has provided to and reviewed with the applicant, in
the applicant's language (or a language the applicant
understands), a copy of the information and resources
pamphlet required by section 202 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1375b); and
``(2) has reviewed and made a part of the visa file the
foreign labor recruiter disclosures required by section 3602
of the Border Security, Economic Opportunity, and Immigration
Modernization Act, including whether the foreign labor
recruiter is registered pursuant to that section.''.
SEC. 3609. RESPONSIBILITIES OF SECRETARY OF STATE.
(a) In General.--The Secretary of State shall ensure that
each United States diplomatic mission has a person who shall
be responsible for receiving information from any worker who
has been subject to violations of this subtitle.
(b) Provision of Information.--The responsible person
referred to in subsection (a) shall ensure that the
information received is provided to the Department of
Justice, the Department of Labor, or any other relevant
Federal agency.
(c) Mechanisms.--The Attorney General and the Secretary
shall ensure that there is a mechanism for any actions that
need to be
[[Page S5430]]
taken in response to information received under subsection
(a).
(d) Assistance From Foreign Government.--The person
designated for receiving information pursuant to subsection
(a) is strongly encouraged to coordinate with governments and
civil society organizations in the countries of origin to
ensure the worker receives additional support.
(e) Maintenance and Availability of Information.--The
Secretary of State shall ensure that consulates maintain
information regarding the identities of foreign labor
contractors and the employers to whom the foreign labor
contractors supply workers. The Secretary of State shall make
such information publicly available in written form and
online, including on the websites of United States embassies
in the official language of that country.
(f) Annual Public Disclose.--The Secretary of State shall
make publicly available online, on an annual basis, data
disclosing the gender, country of origin and state, if
available, date of birth, wage, level of training, and
occupation category, disaggregated by job and by visa
category and subcategory.
SEC. 3610. ENFORCEMENT PROVISIONS.
(a) Complaints and Investigations.--The Secretary--
(1) shall establish a process for the receipt,
investigation, and disposition of complaints filed by any
person, including complaints respecting a foreign labor
contractor's compliance with this subtitle; and
(2) either pursuant to the process required by paragraph
(1) or otherwise, may investigate employers or foreign labor
contractors, including actions occurring in a foreign
country, as necessary to determine compliance with this
subtitle.
(b) Enforcement.--
(1) In general.--A worker who believes that he or she has
suffered a violation of this subtitle may seek relief from an
employer by--
(A) filing a complaint with the Secretary within 3 years
after the date on which the violation occurred or date on
which the employee became aware of the violation; or
(B) if the Secretary has not issued a final decision within
120 days of the filing of the complaint and there is no
showing that such delay is due to the bad faith of the
claimant, bringing an action at law or equity for de novo
review in the appropriate district court of the United
States, which shall have jurisdiction over such an action
without regard to the amount in controversy.
(2) Procedure.--
(A) In general.--Unless otherwise provided herein, a
complaint under paragraph (1)(A) shall be governed under the
rules and procedures set forth in paragraphs (1) and (2)(A)
of section 42121(b) of title 49, United States Code.
(B) Exception.--Notification of a complaint under paragraph
(1)(A) shall be made to each person or entity named in the
complaint as a defendant and to the employer.
(C) Statute of limitations.--An action filed in a district
court of the United States under paragraph (1)(B) shall be
commenced not later than 180 days after the last day of the
120-day period referred to in that paragraph.
(D) Jury trial.--A party to an action brought under
paragraph (1)(B) shall be entitled to trial by jury.
(c) Administrative Enforcement.--
(1) In general.--If the Secretary finds, after notice and
an opportunity for a hearing, any foreign labor contractor or
employer failed to comply with any of the requirements of
this subtitle, the Secretary may impose the following against
such contractor or employer--
(A) a fine in an amount not more than $10,000 per
violation; and
(B) upon the occasion of a third violation or a failure to
comply with representations, a fine of not more than $25,000
per violation.
(d) Authority To Ensure Compliance.--The Secretary is
authorized to take other such actions, including issuing
subpoenas and seeking appropriate injunctive relief and
recovery of damages, as may be necessary to assure compliance
with the terms and conditions of this subtitle.
(e) Bonding.--Pursuant to the bonding requirement in
section 3606, bond liquidation and forfeitures shall be in
addition to other remedies under this section or any other
law.
(f) Civil Action.--
(1) In general.--The Secretary or any person aggrieved by a
violation of this subtitle may bring a civil action against
any foreign labor contractor that does not meet the
requirements under subsection (g)(2) in any court of
competent jurisdiction--
(A) to seek remedial action, including injunctive relief;
(B) to recover damages on behalf of any worker harmed by a
violation of this subsection; and
(C) to ensure compliance with requirements of this section.
(2) Actions by the secretary of homeland security.--
(A) Sums recovered.--Any sums recovered by the Secretary on
behalf of a worker under paragraph (1) or through liquidation
of the bond held pursuant to section 3606 shall be held in a
special deposit account and shall be paid, on order of the
Secretary, directly to each worker affected. Any such sums
not paid to a worker because of inability to do so within a
period of 5 years shall be credited as an offsetting
collection to the appropriations account of the Secretary for
expenses for the administration of this section and shall
remain available to the Secretary until expended or may be
used for enforcement of the laws within the jurisdiction of
the wage and hour division or may be transferred to the
Secretary of Health and Human Services for the purpose of
providing support to programs that provide assistance to
victims of trafficking in persons or other exploited persons.
The Secretary shall work with any attorney or organization
representing workers to locate workers owed sums under this
section.
(B) Representation.--Except as provided in section 518(a)
of title 28, United States Code, the Attorney General may
appear for and represent the Secretary in any civil
litigation brought under this paragraph. All such litigation
shall be subject to the direction and control of the Attorney
General.
(3) Actions by individuals.--
(A) Award.--If the court finds in a civil action filed by
an individual under this section that the defendant has
violated any provision of this subtitle (or any regulation
issued pursuant to this subtitle), the court may award--
(i) damages, up to and including an amount equal to the
amount of actual damages, and statutory damages of up to
$1,000 per plaintiff per violation, or other equitable
relief, except that with respect to statutory damages--
(I) multiple infractions of a single provision of this
subtitle (or of a regulation under this subtitle) shall
constitute only 1 violation for purposes of section 3602(a)
to determine the amount of statutory damages due a plaintiff;
and
(II) if such complaint is certified as a class action the
court may award--
(aa) damages up to an amount equal to the amount of actual
damages; and
(bb) statutory damages of not more than the lesser of up to
$1,000 per class member per violation, or up to $500,000; and
other equitable relief;
(ii) reasonable attorneys' fees and costs; and
(iii) such other and further relief, including declaratory
and injunctive relief, as necessary to effectuate the
purposes of this subtitle.
(B) Criteria.--In determining the amount of statutory
damages to be awarded under subparagraph (A), the court is
authorized to consider whether an attempt was made to resolve
the issues in dispute before the resort to litigation.
(C) Bond.--To satisfy the damages, fees, and costs found
owing under this clause, the Secretary shall release as much
of the bond held pursuant to section 3606 as necessary.
(D) Appeal.--Any civil action brought under this section
shall be subject to appeal as provided in chapter 83 of title
28, United States Code (28 U.S.C. 1291 et seq.).
(E) Access to legal services corporation.--Notwithstanding
any other provision of law, the Legal Services Corporation
and recipients of its funding may provide legal assistance on
behalf of any alien with respect to any provision of this
subtitle.
(g) Agency Liability.--
(1) In general.--Beginning 180 days after the Secretary has
promulgated regulations pursuant to section 3605(c), an
employer who retains the services of a foreign labor
contractor shall only use those foreign labor contractors who
are registered under section 3605.
(2) Safe harbor.--An employer shall not have any liability
under this section if the employer hires workers referred by
a foreign labor contractor that has a valid registration with
the Department pursuant to section 3604.
(3) Liability for agents.--Foreign labor contractors shall
be subject to the provisions of this section for violations
committed by the foreign labor contractor's agents or
subcontractees of any level in relation to their foreign
labor contracting activity to the same extent as if the
foreign labor contractor had committed the violation.
(h) Retaliation.--
(1) In general.--No person shall intimidate, threaten,
restrain, coerce, discharge, or in any other manner
discriminate or retaliate against any worker or their family
members (including a former employee or an applicant for
employment) because such worker disclosed information to any
person that the worker reasonably believes evidences a
violation of this section (or any rule or regulation
pertaining to this section), including seeking legal
assistance of counsel or cooperating with an investigation or
other proceeding concerning compliance with this section (or
any rule or regulation pertaining to this section).
(2) Enforcement.--An individual who is subject to any
conduct described in paragraph (1) may, in a civil action,
recover appropriate relief, including reasonable attorneys'
fees and costs, with respect to that violation. Any civil
action under this subparagraph shall be stayed during the
pendency of any criminal action arising out of the violation.
(i) Waiver of Rights.--Agreements by employees purporting
to waive or to modify their rights under this subtitle shall
be void as contrary to public policy.
(j) Presence During Pendency of Actions.--
(1) In general.--If other immigration relief is not
available, the Attorney General and the Secretary shall grant
advance parole to permit a nonimmigrant to remain legally in
the United States for time sufficient to fully and
effectively participate in all legal
[[Page S5431]]
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
[[Page S5432]]
date of the enactment of this Act, and annually thereafter,
the Administrator of the Agency for International Development
shall submit a substantive report to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives on efforts to improve
repatriation and reintegration programs for unaccompanied
alien children.
(k) Transfer of Funds.--
(1) Authorization.--The Secretary, in accordance with a
written agreement between the Secretary and the Secretary of
Health and Human Services, shall transfer such amounts as may
be necessary to carry out the duties described in subsection
(f)(2) from amounts appropriated for U.S. Customs and Border
Protection to the Department of Health and Human Services.
(2) Report.--Not later than 15 days before any proposed
transfer under paragraph (1), the Secretary of Health and
Human Services, in consultation with the Secretary, shall
submit a detailed expenditure plan that describes the actions
proposed to be taken with amounts transferred under such
paragraph to--
(A) the Committee on Appropriations of the Senate; and
(B) the Committee on Appropriations of the House of
Representatives.
SEC. 3613. RULE OF CONSTRUCTION.
Nothing in this subtitle shall be construed to preempt or
alter any other rights or remedies, including any causes of
action, available under any other Federal or State law.
SEC. 3614. REGULATIONS.
The Secretary shall, in consultation with the Secretary of
Labor, prescribe regulations to implement this subtitle and
to develop policies and procedures to enforce the provisions
of this subtitle.
Subtitle G--Interior Enforcement
SEC. 3701. CRIMINAL STREET GANGS.
(a) Inadmissibility.--Section 212(a)(2) (8 U.S.C.
1182(a)(2)) is amended by inserting after subparagraph (I)
the following:
``(J) Aliens in criminal street gangs.--
``(i) In general.--Any alien is inadmissible--
``(I) who has been convicted of an offense for which an
element was active participation in a criminal street gang
(as defined in section 521(a) of title 18, United States
Code) and the alien--
``(aa) had knowledge that the gang's members engaged in or
have engaged in a continuing series of offenses described in
section 521(c) of title 18, United States Code; and
``(bb) acted with the intention to promote or further the
felonious activities of the criminal street gang or maintain
or increase his or her position in the gang; or
``(II) subject to clause (ii), who is 18 years of age or
older, who is physically present outside the United States,
whom the Secretary determines by clear and convincing
evidence, based upon law enforcement information deemed
credible by the Secretary, has, since the age of 18,
knowingly and willingly participated in a criminal street
gang with knowledge that such participation promoted or
furthered the illegal activity of the gang.
``(ii) Waiver.--The Secretary may waive clause (i)(II) if
the alien has renounced all association with the criminal
street gang, is otherwise admissible, and is not a threat to
the security of the United States.''.
(b) Grounds for Deportation.--Section 237(a)(2) (8 U.S.C.
1227(a)(2)) is amended by adding at the end the following:
``(G) Aliens associated with criminal street gangs.--Any
alien is removable who has been convicted of an offense for
which an element was active participation in a criminal
street gang (as defined in section 521(a) of title 18, United
States Code), and the alien--
``(i) had knowledge that the gang's members engaged in or
have engaged in a continuing series of offenses described in
section 521(c) of title 18, United States Code; and
``(ii) acted with the intention to promote or further the
felonious activities the criminal street gang or increase his
or her position in such gang.''.
(c) Ground of Ineligibility for Registered Provisional
Immigrant Status.--
(1) In general.--An alien who is 18 years of age or older
is ineligible for registered provisional immigrant status if
the Secretary determines that the alien--
(A) has been convicted of an offense for which an element
was active participation in a criminal street gang (as
defined in section 521(a) of title 18, United States Code,
and the alien--
(i) had knowledge that the gang's members engaged in or
have engaged in a continuing series of offenses described in
section 521(c) of title 18, United States Code; and
(ii) acted with the intention to promote or further the
felonious activities of the criminal street gang or maintain
or increase his or her position in such gang; or
(B) subject to paragraph (2), any alien who is 18 years of
age or older whom the Secretary determines by clear and
convincing evidence, based upon law enforcement information
deemed credible by the Secretary, has, since the age of 18,
knowingly and willingly participated in a such gang with
knowledge that such participation promoted or furthered the
illegal activity of such gang.
(2) Waiver.--The Secretary may waive the application of
paragraph (1)(B) if the alien has renounced all association
with the criminal street gang, is otherwise admissible, and
is not a threat to the security of the United States.
SEC. 3702. BANNING HABITUAL DRUNK DRIVERS FROM THE UNITED
STATES.
(a) Grounds for Inadmissibility.--Section 212(a)(2) (8
U.S.C. 1182(a)(2)), as amended by section 3701(a), is further
amended--
(1) by redesignating subparagraph (F) as subparagraph (L);
and
(2) by inserting after subparagraph (E) the following:
``(F) Habitual drunk drivers.--An alien convicted of 3 or
more offenses for driving under the influence or driving
while intoxicated on separate dates is inadmissible.''.
(b) Grounds for Deportation.--Section 237(a)(2) (8 U.S.C.
1227(a)(2)), as amended by section 3701(b), is further
amended by adding at the end the following:
``(H) Habitual drunk drivers.--An alien convicted of 3 or
more offenses for driving under the influence or driving
while intoxicated, at least 1 of which occurred after the
date of the enactment of the Border Security, Economic
Opportunity, and Immigration Modernization Act, is
deportable.''.
(c) In General.--
(1) Aggravated felony.--Section 101(a)(43)(F) (8 U.S.C.
1101(a)(43)(F)) is amended by striking ``for which the term
of imprisonment'' and inserting ``, including a third drunk
driving conviction, for which the term of imprisonment is''.
(2) Effective date and application.--
(A) Effective date.--The amendment made by paragraph (1)
shall take effect on the date of the enactment of this Act.
(B) Application.--
(i) In general.--Except as provided in subparagraph (ii),
the amendment made by paragraph (1) shall apply to a
conviction for drunk driving that occurred before, on, or
after such date of enactment.
(ii) Two or more prior convictions.--An alien who received
2 or more convictions for drunk driving before the date of
the enactment of this Act may not be subject to removal for
the commission of an aggravated felony pursuant to section
237(a)(2)(A)(iii) of the Immigration and Nationality Act (8
U.S.C. 1227(a)(2)(A)(iii)) on the basis of such convictions
until the date on which the alien is convicted of a drunk
driving offense after such date of enactment.
SEC. 3703. SEXUAL ABUSE OF A MINOR.
Section 101(a)(43)(A) (8 U.S.C. 1101(a)(43)(A)) is amended
by striking ``murder, rape, or sexual abuse of a minor;'' and
inserting ``murder, rape, or sexual abuse of a minor, whether
or not the minority of the victim is established by evidence
contained in the record of conviction or by credible evidence
extrinsic to the record of conviction;''.
SEC. 3704. ILLEGAL ENTRY.
(a) In General.--Section 275 (8 U.S.C. 1325) is amended to
read as follows:
``SEC. 275. ILLEGAL ENTRY.
``(a) In General.--
``(1) Criminal offenses.--An alien shall be subject to the
penalties set forth in paragraph (2) if the alien--
``(A) enters or crosses the border into the United States
at any time or place other than as designated by the
Secretary of Homeland Security;
``(B) eludes examination or inspection by an immigration
officer, or a customs or agriculture inspection at a port of
entry; or
``(C) enters or crosses the border to the United States by
means of a knowingly false or misleading representation or
the concealment of a material fact.
``(2) Criminal penalties.--Any alien who violates any
provision under paragraph (1)--
``(A) shall, for the first violation, be fined under title
18, United States Code, imprisoned not more than 12 months,
or both;
``(B) shall, for a second or subsequent violation, or
following an order of voluntary departure, be fined under
such title, imprisoned not more than 3 years, or both;
``(C) if the violation occurred after the alien had been
convicted of 3 or more misdemeanors with the convictions
occurring on different dates or of a felony for which the
alien served a term of imprisonment of 15 days or more, shall
be fined under such title, imprisoned not more than 10 years,
or both; and
``(D) if the violation occurred after the alien had been
convicted of a felony for which the alien was sentenced to a
term of imprisonment of not less than 30 months, shall be
fined under such title, imprisoned not more than 15 years, or
both.
``(3) Prior convictions.--The prior convictions described
in subparagraphs (C) and (D) of paragraph (2) are elements of
the offenses described in that paragraph and the penalties in
such subparagraphs shall apply only in cases in which the
conviction or convictions that form the basis for the
additional penalty are--
``(A) alleged in the indictment or information; and
``(B) proven beyond a reasonable doubt at trial or admitted
by the defendant under oath as part of a plea agreement.
``(b) Improper Time or Place; Civil Penalties.--Any alien
older than 18 years of age who is apprehended while knowingly
entering, attempting to enter, or crossing or attempting to
cross the border to the United States at a time or place
other than as designated by immigration officers shall be
subject to a civil penalty, in addition to any criminal or
other civil penalties that may be imposed under any other
provision of law, in an amount equal to--
``(1) not less than $250 or more than $5,000 for each such
entry, crossing, attempted entry, or attempted crossing; or
``(2) twice the amount specified in paragraph (1) if the
alien had previously been
[[Page S5433]]
subject to a civil penalty under this subsection.
``(c) Fraudulent Marriage.--An individual who knowingly
enters into a marriage for the purpose of evading any
provision of the immigration laws shall be imprisoned for not
more than 5 years, fined not more than $250,000, or both.
``(d) Commercial Enterprises.--Any individual who knowingly
establishes a commercial enterprise for the purpose of
evading any provision of the immigration laws shall be
imprisoned for not more than 5 years, fined in accordance
with title 18, United States Code, or both.''.
(b) Clerical Amendment.--The table of contents is amended
by striking the item relating to section 275 and inserting
the following:
``Sec. 275. Illegal entry.''.
(c) Effective Date.--The amendments made by this section
shall take effect 1 year after the date of the enactment of
this Act.
SEC. 3705. REENTRY OF REMOVED ALIEN.
Section 276 (8 U.S.C. 1326) is amended to read as follows:
``SEC. 276. REENTRY OF REMOVED ALIEN.
``(a) Reentry After Removal.--Any alien who has been denied
admission, excluded, deported, or removed, or who has
departed the United States while an order of exclusion,
deportation, or removal is outstanding, and subsequently
enters, attempts to enter, crosses the border to, attempts to
cross the border to, or is at any time found in the United
States, shall be fined under title 18, United States Code,
and imprisoned not more than 2 years.
``(b) Reentry of Criminal Offenders.--Notwithstanding the
penalty provided in subsection (a), if an alien described in
that subsection--
``(1) was convicted for 3 or more misdemeanors, with the
convictions occurring on different dates, before such removal
or departure, the alien shall be fined under title 18, United
States Code, and imprisoned not more than 10 years, or both;
``(2) was convicted for a felony before such removal or
departure for which the alien was sentenced to a term of
imprisonment of not less than 30 months, the alien shall be
fined under such title, and imprisoned not more than 15
years, or both;
``(3) was convicted for a felony before such removal or
departure for which the alien was sentenced to a term of
imprisonment of not less than 60 months, the alien shall be
fined under such title, and imprisoned not more than 20
years, or both;
``(4) was convicted for 3 felonies, with the convictions
occurring on different dates before such removal or
departure, the alien shall be fined under such title, and
imprisoned not more than 20 years, or both; or
``(5) was convicted, before such removal or departure, for
murder, rape, kidnapping, or a felony offense described in
chapter 77 (relating to peonage and slavery) or 113B
(relating to terrorism) of such title, the alien shall be
fined under such title, and imprisoned not more than 20
years, or both.
``(c) Reentry After Repeated Removal.--Any alien who has
been denied admission, excluded, deported, or removed 3 or
more times and thereafter enters, attempts to enter, crosses
the border to, attempts to cross the border to, or is at any
time found in the United States, shall be fined under title
18, United States Code, and imprisoned not more than 10
years, or both.
``(d) Proof of Prior Convictions.--The prior convictions
described in subsection (b) are elements of the offenses
described in that subsection, and the penalties in such
subsection shall apply only in cases in which the conviction
or convictions that form the basis for the additional penalty
are--
``(1) alleged in the indictment or information; and
``(2) proven beyond a reasonable doubt at trial or admitted
by the defendant under oath as part of a plea agreement.
``(e) Affirmative Defenses.--It shall be an affirmative
defense to a violation of this section that--
``(1) prior to the alleged violation, the alien had sought
and received the express consent of the Secretary of Homeland
Security to reapply for admission into the United States; or
``(2) at the time of the prior exclusion, deportation,
removal, or denial of admission alleged in the violation, the
alien had not yet reached 18 years of age and had not been
convicted of a crime or adjudicated a delinquent minor by a
court of the United States, or a court of a state or
territory, for conduct that would constitute a felony if
committed by an adult.
``(f) Limitation on Collateral Attack on Underlying
Deportation Order.--In a criminal proceeding under this
section, an alien may not challenge the validity of the
deportation order described in subsection (a) or subsection
(c) unless the alien demonstrates that--
``(1) the alien exhausted any administrative remedies that
may have been available to seek relief against the order;
``(2) the deportation proceedings at which the order was
issued improperly deprived the alien of the opportunity for
judicial review; and
``(3) the entry of the order was fundamentally unfair.
``(g) Reentry of Alien Removed Prior to Completion of Term
of Imprisonment.--Any alien removed pursuant to section
241(a)(4) who enters, attempts to enter, crosses the border
to, attempts to cross the border to, or is at any time found
in, the United States shall be incarcerated for the remainder
of the sentence of imprisonment which was pending at the time
of deportation without any reduction for parole or supervised
release unless the alien affirmatively demonstrates that the
Secretary of Homeland Security has expressly consented to the
alien's reentry or the alien is prima facie eligible for
protection from removal. Such alien shall be subject to such
other penalties relating to the reentry of removed aliens as
may be available under this section or any other provision of
law.
``(h) Limitation.--It is not aiding and abetting a
violation of this section for an individual to provide an
alien with emergency humanitarian assistance, including
emergency medical care and food, or to transport the alien to
a location where such assistance can be rendered without
compensation or the expectation of compensation.
``(i) Definitions.--In this section:
``(1) Felony.--The term `felony' means any criminal offense
punishable by a term of imprisonment of more than 1 year
under the laws of the United States, any State, or a foreign
government.
``(2) Misdemeanor.--The term `misdemeanor' means any
criminal offense punishable by a term of imprisonment of not
more than 1 year under the applicable laws of the United
States, any State, or a foreign government.
``(3) Removal.--The term `removal' includes any denial of
admission, exclusion, deportation, or removal, or any
agreement by which an alien stipulates or agrees to
exclusion, deportation, or removal.
``(4) State.--The term `State' means a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.''.
SEC. 3706. PENALTIES RELATING TO VESSELS AND AIRCRAFT.
Section 243(c) (8 U.S.C. 1253(c)) is amended--
(1) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security'';
(2) by striking ``Commissioner'' each place such term
appears and inserting ``Secretary of Homeland Security''; and
(3) in paragraph (1)--
(A) in subparagraph (A), by striking ``$2,000'' and
inserting ``$5,000'';
(B) in subparagraph (B), by striking ``$5,000'' and
inserting ``$10,000'';
(C) by amending subparagraph (C) to read as follows:
``(C) Compromise.--The Secretary of Homeland Security, in
the Secretary's unreviewable discretion and upon the receipt
of a written request, may mitigate the monetary penalties
required under this subsection for each alien stowaway to an
amount equal to not less than $2,000, upon such terms that
the Secretary determines to be appropriate.''; and
(D) by inserting at the end the following:
``(D) Exception.--A person, acting without compensation or
the expectation of compensation, is not subject to penalties
under this paragraph if the person is--
``(i) providing, or attempting to provide, an alien with
humanitarian assistance, including emergency medical care or
food or water; or
``(ii) transporting the alien to a location where such
humanitarian assistance can be rendered without compensation
or the expectation of compensation.''.
SEC. 3707. REFORM OF PASSPORT, VISA, AND IMMIGRATION FRAUD
OFFENSES.
(a) Trafficking in Passports.--Section 1541 of title 18,
United States Code, is amended to read as follows:
``Sec. 1541. Trafficking in passports
``(a) Multiple Passports.--Subject to subsection (b), any
person who, during any period of 3 years or less, knowingly--
``(1) and without lawful authority produces, issues, or
transfers 3 or more passports;
``(2) forges, counterfeits, alters, or falsely makes 3 or
more passports;
``(3) secures, possesses, uses, receives, buys, sells, or
distributes 3 or more passports, knowing the passports to be
forged, counterfeited, altered, falsely made, stolen,
procured by fraud, or produced or issued without lawful
authority; or
``(4) completes, mails, prepares, presents, signs, or
submits 3 or more applications for a United States passport,
knowing the applications to contain any materially false
statement or representation,
shall be fined under this title, imprisoned not more than 20
years, or both.
``(b) Use in a Terrorism Offense.--Any person who commits
an offense described in subsection (a) to facilitate an act
of international terrorism (as defined in section 2331) shall
be fined under this title, imprisoned not more than 25 years,
or both.
``(c) Passport Materials.--Any person who knowingly and
without lawful authority produces, buys, sells, possesses, or
uses any official material (or counterfeit of any official
material) used to make 10 or more passports, including any
distinctive paper, seal, hologram, image, text, symbol,
stamp, engraving, or plate, shall be fined under this title,
imprisoned not more than 20 years, or both.''.
(b) False Statement in an Application for a Passports.--
Section 1542 of title 18, United States Code, is amended to
read as follows:
[[Page S5434]]
``Sec. 1542. False statement in an application for a passport
``(a) In General.--Any person who knowingly makes any
material false statement or representation in an application
for a United States passport, or mails, prepares, presents,
or signs an application for a United States passport knowing
the application to contain any material false statement or
representation, shall be fined under this title, imprisoned
not more than 25 years (if the offense was committed to
facilitate an act of international terrorism (as defined in
section 2331 of this title)), 20 years (if the offense was
committed to facilitate a drug trafficking crime (as defined
in section 929(a) of this title)), 15 years (in the case of
any other offense), or both.
``(b) Venue.--
``(1) In general.--An offense under subsection (a) may be
prosecuted in any district--
``(A) in which the false statement or representation was
made or the application for a United States passport was
prepared or signed; or
``(B) in which or to which the application was mailed or
presented.
``(2) Offenses outside the united states.--An offense under
subsection (a) involving an application prepared and
adjudicated outside the United States may be prosecuted in
the district in which the resultant passport was or would
have been produced.
``(c) Savings Clause.--Nothing in this section may be
construed to limit the venue otherwise available under
sections 3237 and 3238 of this title.''.
(c) Misuse of a Passport.--Section 1544 of title 18, United
States Code, is amended to read as follows:
``Sec. 1544. Misuse of a passport
``Any person who knowingly--
``(1) misuses or attempts to misuse for their own purposes
any passport issued or designed for the use of another;
``(2) uses or attempts to use any passport in violation of
the laws, regulations, or rules governing the issuance and
use of the passport;
``(3) secures, possesses, uses, receives, buys, sells, or
distributes or attempts to secure, possess, use, receive,
buy, sell, or distribute any passport knowing the passport to
be forged, counterfeited, altered, falsely made, procured by
fraud, or produced or issued without lawful authority; or
``(4) substantially violates the terms and conditions of
any safe conduct duly obtained and issued under the authority
of the United States,
shall be fined under this title, imprisoned not more than 25
years (if the offense was committed to facilitate an act of
international terrorism (as defined in section 2331 of this
title)), 20 years (if the offense was committed to facilitate
a drug trafficking crime (as defined in section 929(a) of
this title)), 15 years (in the case of any other offense), or
both.''.
(d) Schemes To Provide Fraudulent Immigration Services.--
Section 1545 of title 18, United States Code, is amended to
read as follows:
``Sec. 1545. Schemes to provide fraudulent immigration
services
``(a) In General.--Any person who knowingly executes a
scheme or artifice, in connection with any matter that is
authorized by or arises under any Federal immigration law or
any matter the offender claims or represents is authorized by
or arises under any Federal immigration law, to--
``(1) defraud any person; or
``(2) obtain or receive money or anything else of value
from any person by means of false or fraudulent pretenses,
representations, or promises,
shall be fined under this title, imprisoned not more than 10
years, or both.
``(b) Misrepresentation.--Any person who knowingly and
falsely represents that such person is an attorney or an
accredited representative (as that term is defined in section
1292.1 of title 8, Code of Federal Regulations (or any
successor regulation)) in any matter arising under any
Federal immigration law shall be fined under this title,
imprisoned not more than 15 years, or both.''.
(e) Immigration and Visa Fraud.--Section 1546 of title 18,
United States Code, is amended--
(1) by amending the section heading to read as follows:
``Sec. 1546. Immigration and visa fraud'';
(2) by redesignating subsection (b) as subsection (d); and
(3) by inserting after subsection (a) the following new
subsections:
``(b) Trafficking.--Any person who, during any period of 3
years or less, knowingly--
``(1) and without lawful authority produces, issues, or
transfers 3 or more immigration documents;
``(2) forges, counterfeits, alters, or falsely makes 3 or
more immigration documents;
``(3) secures, possesses, uses, buys, sells, or distributes
3 or more immigration documents, knowing the immigration
documents to be forged, counterfeited, altered, stolen,
falsely made, procured by fraud, or produced or issued
without lawful authority; or
``(4) completes, mails, prepares, presents, signs, or
submits 3 or more immigration documents knowing the documents
to contain any materially false statement or representation,
shall be fined under this title, imprisoned not more than 20
years, or both.
``(c) Immigration Document Materials.--Any person who
knowingly and without lawful authority produces, buys, sells,
possesses, or uses any official material (or counterfeit of
any official material) used to make 10 or more immigration
documents, including any distinctive paper, seal, hologram,
image, text, symbol, stamp, engraving, or plate, shall be
fined under this title, imprisoned not more than 20 years, or
both.''.
(f) Alternative Imprisonment Maximum for Certain
Offenses.--Section 1547 of title 18, United States Code, is
amended--
(1) in the matter preceding paragraph (1), by striking
``(other than an offense under section 1545)'';
(2) in paragraph (1), by striking ``15'' and inserting
``20''; and
(3) in paragraph (2), by striking ``20'' and inserting
``25''.
(g) Authorized Law Enforcement Activities.--Chapter 75 of
title 18, United States Code, is amended by adding after
section 1547 the following:
``Sec. 1548. Authorized law enforcement activities
``Nothing in this chapter may be construed to prohibit--
``(1) any lawfully authorized investigative, protective, or
intelligence activity of a law enforcement agency of the
United States, a State, or a political subdivision of a
State, or an intelligence agency of the United States; or
``(2) any activity authorized under title V of the
Organized Crime Control Act of 1970 (Public Law 91-452; 84
Stat. 933).''.
(h) Table of Sections Amendment.--The table of sections for
chapter 75 of title 18, United States Code, is amended to
read as follows:
``Sec.
``1541. Trafficking in passports.
``1542. False statement in an application for a passport.
``1543. Forgery or false use of a passport.
``1544. Misuse of a passport.
``1545. Schemes to provide fraudulent immigration services.
``1546. Immigration and visa fraud.
``1547. Alternative imprisonment maximum for certain offenses.
``1548. Authorized law enforcement activities.''.
SEC. 3708. COMBATING SCHEMES TO DEFRAUD ALIENS.
(a) Regulations, Forms, and Procedures.--The Secretary and
the Attorney General, for matters within their respective
jurisdictions arising under the immigration laws, shall
promulgate appropriate regulations, forms, and procedures
defining the circumstances in which--
(1) persons submitting applications, petitions, motions, or
other written materials relating to immigration benefits or
relief from removal under the immigration laws will be
required to identify who (other than immediate family
members) assisted them in preparing or translating the
immigration submissions; and
(2) any person or persons who received compensation (other
than a nominal fee for copying, mailing, or similar services)
in connection with the preparation, completion, or submission
of such materials will be required to sign the form as a
preparer and provide identifying information.
(b) Civil Injunctions Against Immigration Service
Provider.--The Attorney General may commence a civil action
in the name of the United States to enjoin any immigration
service provider from further engaging in any fraudulent
conduct that substantially interferes with the proper
administration of the immigration laws or who willfully
misrepresents such provider's legal authority to provide
representation before the Department of Justice or the
Department.
(c) Definitions.--In this section:
(1) Immigration laws.--The term ``immigration laws'' has
the meaning given that term in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
(2) Immigration service provider.--The term ``immigration
service provider'' means any individual or entity (other than
an attorney or individual otherwise authorized to provide
representation in immigration proceedings as provided in
Federal regulation) who, for a fee or other compensation,
provides any assistance or representation to aliens in
relation to any filing or proceeding relating to the alien
which arises, or which the provider claims to arise, under
the immigration laws, executive order, or presidential
proclamation.
SEC. 3709. INADMISSIBILITY AND REMOVAL FOR PASSPORT AND
IMMIGRATION FRAUD OFFENSES.
(a) Inadmissibility.--Section 212(a)(2)(A)(i) (8 U.S.C.
1182(a)(2)(A)(i)) is amended--
(1) in subclause (I), by striking ``, or'' at the end and
inserting a semicolon;
(2) in subclause (II), by striking the comma at the end and
inserting ``; or''; and
(3) by inserting after subclause (II) the following:
``(III) a violation of section 1541, 1545, and subsection
(b) of section 1546 of title 18, United States Code,''.
(b) Removal.--Section 237(a)(3)(B)(iii) (8 U.S.C.
1227(a)(3)(B)(iii)) is amended to read as follows:
``(iii) of a violation of section 1541, 1545, and
subsection (b) of section 1546 of title 18, United States
Code,''.
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall apply to proceedings pending on or after the
date of the enactment of this Act, with respect to conduct
occurring on or after that date.
[[Page S5435]]
SEC. 3710. DIRECTIVES RELATED TO PASSPORT AND DOCUMENT FRAUD.
(a) Directive to the United States Sentencing Commission.--
(1) In general.--Pursuant to the authority under section
994 of title 28, United States Code, the United States
Sentencing Commission shall promulgate or amend the
sentencing guidelines, policy statements, and official
commentaries, if appropriate, related to passport fraud
offenses, including the offenses described in chapter 75 of
title 18, United States Code, as amended by section 3707, to
reflect the serious nature of such offenses.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the United States Sentencing
Commission shall submit a report on the implementation of
this subsection to--
(A) the Committee on the Judiciary of the Senate; and
(B) the Committee on the Judiciary of the House of
Representatives.
(b) Protection for Legitimate Refugees and Asylum
Seekers.--
(1) In general.--
(A) Requirement for guidelines.--The Attorney General, in
consultation with the Secretary, shall develop binding
prosecution guidelines for Federal prosecutors to ensure that
each prosecution of an alien seeking entry into the United
States by fraud is consistent with the United States treaty
obligations under Article 31(1) of the Convention Relating to
the Status of Refugees, done at Geneva July 28, 1951 (as made
applicable by the Protocol Relating to the Status of
Refugees, done at New York January 31, 1967 (19 UST 6223)).
(B) No private right of action.--The guidelines developed
pursuant to subparagraph (A), and any internal office
procedures related to such guidelines--
(i) are intended solely for the guidance of attorneys of
the United States; and
(ii) are not intended to, do not, and may not be relied
upon to, create any right or benefit, substantive or
procedural, enforceable at law by any party in any
administrative, civil, or criminal matter.
(2) Protection of vulnerable persons.--A person described
in paragraph (3) may not be prosecuted under chapter 75 of
title 18, United States Code, or under section 275 or 276 of
the Immigration and Nationality Act (8 U.S.C. 1325 and 1326),
in connection with the person's entry or attempted entry into
the United States until after the date on which the person's
application for such protection, classification, or status
has been adjudicated and denied in accordance with the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(3) Persons seeking protection, classification, or
status.--A person described in this paragraph is a person
who--
(A) is seeking protection, classification, or status; and
(B)(i) has filed an application for asylum under section
208 of the Immigration and Nationality Act (8 U.S.C. 1158),
withholding of removal under section 241(b)(3) of such Act (8
U.S.C. 1231(b)(3)), or relief under the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, done at New York, December 10, 1994, pursuant to
title 8, Code of Federal Regulations;
(ii) indicates immediately after apprehension, that he or
she intends to apply for such asylum, withholding of removal,
or relief and promptly files the appropriate application;
(iii) has been referred for a credible fear interview, a
reasonable fear interview, or an asylum-only hearing under
section 235 of the Immigration and Nationality Act (8 U.S.C.
1225) or part 208 of title 8, Code of Federal Regulations; or
(iv) has filed an application for classification or status
under--
(I) subparagraph (T) or (U) of paragraph (15), paragraph
(27)(J), or paragraph (51) of section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)); or
(II) section 216(c)(4)(C) or 240A(b)(2) of such Act (8
U.S.C. 1186a(c)(4)(C) and 1229b(b)(2)).
SEC. 3711. INADMISSIBLE ALIENS.
(a) Deterring Aliens Ordered Removed From Remaining in the
United States Unlawfully.--Section 212(a)(9)(A) (8 U.S.C.
1182(a)(9)(A)) is amended--
(1) in clause (i), by striking ``seeks admission within 5
years of the date of such removal (or within 20 years'' and
inserting ``seeks admission not later than 5 years after the
date of the alien's removal (or not later than 20 years after
the alien's removal''; and
(2) in clause (ii), by striking ``seeks admission within 10
years of the date of such alien's departure or removal (or
within 20 years of'' and inserting ``seeks admission not
later than 10 years after the date of the alien's departure
or removal (or not later than 20 years after''.
(b) Biometric Screening.--Section 212 (8 U.S.C. 1182) is
amended--
(1) in subsection (a)(7), by adding at the end the
following:
``(C) Withholding information.--Except as provided in
subsection (d)(2), any alien who willfully, through his or
her own fault, refuses to comply with a lawful request for
biometric information is inadmissible.''; and
(2) in subsection (d), by inserting after paragraph (1) the
following:
``(2) The Secretary may waive the application of subsection
(a)(7)(C) for an individual alien or a class of aliens.''.
(c) Precluding Admissibility of Aliens Convicted of Serious
Criminal Offenses and Domestic Violence, Stalking, Child
Abuse, and Violation of Protection Orders.--
(1) Inadmissibility on criminal and related grounds;
waivers.--Section 212 (8 U.S.C. 1182), as amended by this
Act, is further amended--
(A) in subsection (a)(2), as amended by sections 3401 and
3402, is further amended by inserting after subparagraph (J)
the following:
``(K) Crimes of domestic violence, stalking, or violation
of protective orders; crimes against children.--
``(i) Domestic violence, stalking, and child abuse.--
``(I) In general.--Any alien who has been convicted of a
crime of domestic violence, a crime of stalking, or a crime
of child abuse, child neglect, or child abandonment, provided
the alien served at least 1 year imprisonment for the crime,
or provided the alien was convicted of offenses constituting
more than 1 such crime, not arising out of a single scheme of
criminal misconduct, is inadmissible.
``(II) Crime of domestic violence defined.--In this clause,
the term `crime of domestic violence' means any crime of
violence (as defined in section 16 of title 18, United States
Code) against a person committed by a current or former
spouse of the person, by an individual with whom the person
shares a child in common, by an individual who is cohabiting
with or has cohabited with the person as a spouse, by an
individual similarly situated to a spouse of the person under
the domestic or family violence laws of the jurisdiction
where the offense occurs, or by any other individual against
a person who is protected from that individual's acts under
the domestic or family violence laws of the United States or
any State, Indian tribal government, or unit of local or
foreign government.
``(ii) Violators of protection orders.--
``(I) In general.--Any alien who at any time is enjoined
under a protection order issued by a court and whom the court
determines has engaged in conduct that constitutes criminal
contempt of the portion of a protection order that involves
protection against credible threats of violence, repeated
harassment, or bodily injury to the person or persons for
whom the protection order was issued, is inadmissible.
``(II) Protection order defined.--In this clause, the term
`protection order' means any injunction issued for the
purpose of preventing violent or threatening acts of domestic
violence, including temporary or final orders issued by civil
or criminal courts (other than support or child custody
orders or provisions) whether obtained by filing an
independent action or as an independent order in another
proceeding.
``(iii) Applicability.--This subparagraph shall not apply
to an alien who has been battered or subjected to extreme
cruelty and who is not and was not the primary perpetrator of
violence in the relationship, upon a determination by the
Attorney General or the Secretary of Homeland Security that--
``(I) the alien was acting in self-defense;
``(II) the alien was found to have violated a protection
order intended to protect the alien; or
``(III) the alien committed, was arrested for, was
convicted of, or pled guilty to committing a crime that did
not result in serious bodily injury.''; and
(B) in subsection (h)--
(i) by striking ``The Attorney General may, in his
discretion, waive the application of subparagraphs (A)(i)(I),
(B), (D), and (E) of subsection (a)(2)'' and inserting ``The
Attorney General or the Secretary of Homeland Security may
waive the application of subparagraphs (A)(i)(I), (B), (D),
and (E) of subsection (a)(2)''; and
(ii) by inserting ``or the Secretary of Homeland Security''
after ``the Attorney General'' each place that term appears.
(2) Effective date.--The amendments made by this subsection
shall apply to any acts that occurred on or after the date of
the enactment of this Act.
SEC. 3712. ORGANIZED AND ABUSIVE HUMAN SMUGGLING ACTIVITIES.
(a) Enhanced Penalties.--
(1) In general.--Title II (8 U.S.C. 1151 et seq.) is
amended by adding at the end the following:
``SEC. 295. ORGANIZED HUMAN SMUGGLING.
``(a) Prohibited Activities.--Whoever, while acting for
profit or other financial gain, knowingly directs or
participates in an effort or scheme to assist or cause 5 or
more persons (other than a parent, spouse, or child of the
offender)--
``(1) to enter, attempt to enter, or prepare to enter the
United States--
``(A) by fraud, falsehood, or other corrupt means;
``(B) at any place other than a port or place of entry
designated by the Secretary; or
``(C) in a manner not prescribed by the immigration laws
and regulations of the United States; or
``(2) to travel by air, land, or sea toward the United
States (whether directly or indirectly)--
``(A) knowing that the persons seek to enter or attempt to
enter the United States without lawful authority; and
``(B) with the intent to aid or further such entry or
attempted entry; or
``(3) to be transported or moved outside of the United
States--
``(A) knowing that such persons are aliens in unlawful
transit from 1 country to another or on the high seas; and
[[Page S5436]]
``(B) under circumstances in which the persons are in fact
seeking to enter the United States without official
permission or legal authority;
shall be punished as provided in subsection (c) or (d).
``(b) Conspiracy and Attempt.--Any person who attempts or
conspires to violate subsection (a) of this section shall be
punished in the same manner as a person who completes a
violation of such subsection.
``(c) Base Penalty.--Except as provided in subsection (d),
any person who violates subsection (a) or (b) shall be fined
under title 18, imprisoned for not more than 20 years, or
both.
``(d) Enhanced Penalties.--Any person who violates
subsection (a) or (b) shall--
``(1) in the case of a violation during and in relation to
which a serious bodily injury (as defined in section 1365 of
title 18) occurs to any person, be fined under title 18,
imprisoned for not more than 30 years, or both;
``(2) in the case of a violation during and in relation to
which the life of any person is placed in jeopardy, be fined
under title 18, imprisoned for not more than 30 years, or
both;
``(3) in the case of a violation involving 10 or more
persons, be fined under title 18, imprisoned for not more
than 30 years, or both;
``(4) in the case of a violation involving the bribery or
corruption of a U.S. or foreign government official, be fined
under title 18, imprisoned for not more than 30 years, or
both;
``(5) in the case of a violation involving robbery or
extortion (as those terms are defined in paragraph (1) or
(2), respectively, of section 1951(b)) be fined under title
18, imprisoned for not more than 30 years, or both;
``(6) in the case of a violation during and in relation to
which any person is subjected to an involuntary sexual act
(as defined in section 2246(2) of title 18), be fined under
title 18, imprisoned for not more than 30 years, or both; or
``(7) in the case of a violation resulting in the death of
any person, be fined under title 18, imprisoned for any term
of years or for life, or both.
``(e) Lawful Authority Defined.--
``(1) In general.--In this section, the term `lawful
authority'--
``(A) means permission, authorization, or license that is
expressly provided for in the immigration laws of the United
States or accompanying regulations; and
``(B) does not include any such authority secured by fraud
or otherwise obtained in violation of law, nor does it
include authority sought, but not approved.
``(2) Application to travel or entry.--No alien shall be
deemed to have lawful authority to travel to or enter the
United States if such travel or entry was, is, or would be in
violation of law.
``(f) Effort or Scheme.--For purposes of this section,
`effort or scheme to assist or cause 5 or more persons' does
not require that the 5 or more persons enter, attempt to
enter, prepare to enter, or travel at the same time so long
as the acts are completed within 1 year.
``SEC. 296. UNLAWFULLY HINDERING IMMIGRATION, BORDER, AND
CUSTOMS CONTROLS.
``(a) Illicit Spotting.--Whoever knowingly transmits to
another person the location, movement, or activities of any
Federal, State, or tribal law enforcement agency with the
intent to further a Federal crime relating to United States
immigration, customs, controlled substances, agriculture,
monetary instruments, or other border controls shall be fined
under title 18, imprisoned not more than 10 years, or both.
``(b) Destruction of United States Border Controls.--
Whoever knowingly and without lawful authorization destroys,
alters, or damages any fence, barrier, sensor, camera, or
other physical or electronic device deployed by the Federal
Government to control the border or a port of entry or
otherwise seeks to construct, excavate, or make any structure
intended to defeat, circumvent or evade any such fence,
barrier, sensor camera, or other physical or electronic
device deployed by the Federal government to control the
border or a port of entry shall be fined under title 18,
imprisoned not more than 10 years, or both, and if, at the
time of the offense, the person uses or carries a firearm or
who, in furtherance of any such crime, possesses a firearm,
that person shall be fined under title 18, imprisoned not
more than 20 years, or both.
``(c) Conspiracy and Attempt.--Any person who attempts or
conspires to violate subsection (a) or (b) of this section
shall be punished in the same manner as a person who
completes a violation of such subsection.''.
(2) Table of contents amendment.--The table of contents is
amended by adding after the item relating to section 294 the
following:
``Sec. 295. Organized human smuggling.
``Sec. 296. Unlawfully hindering immigration, border, and customs
controls.''.
(b) Prohibiting Carrying or Use of a Firearm During and in
Relation to an Alien Smuggling Crime.--Section 924(c) of
title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by inserting ``, alien smuggling
crime,'' after ``crime of violence'' each place that term
appears; and
(B) in subparagraph (D)(ii), by inserting ``, alien
smuggling crime,'' after ``crime of violence''; and
(2) by adding at the end the following:
``(6) For purposes of this subsection, the term `alien
smuggling crime' means any felony punishable under section
274(a), 277, or 278 of the Immigration and Nationality Act (8
U.S.C. 1324(a), 1327, and 1328).''.
(c) Statute of Limitations.--Section 3298 of title 18,
United States Code, is amended by inserting ``, 295, 296, or
297'' after ``274(a)''.
SEC. 3713. PREVENTING CRIMINALS FROM RENOUNCING CITIZENSHIP
DURING WARTIME.
Section 349(a) (8 U.S.C. 1481(a)) is amended--
(1) by striking paragraph (6) ; and
(2) redesignating paragraph (7) as paragraph (6).
SEC. 3714. DIPLOMATIC SECURITY SERVICE.
Paragraph (1) of section 37(a) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2709(a)) is amended
to read as follows:
``(1) conduct investigations concerning--
``(A) illegal passport or visa issuance or use;
``(B) identity theft or document fraud affecting or
relating to the programs, functions, and authorities of the
Secretary of State;
``(C) violations of chapter 77 of title 18, United States
Code; and
``(D) Federal offenses committed within the special
maritime and territorial jurisdiction of the United States
(as defined in section 7(9) of title 18, United States
Code);''.
SEC. 3715. SECURE ALTERNATIVES PROGRAMS.
(a) In General.--The Secretary shall establish secure
alternatives programs that incorporate case management
services in each field office of the Department to ensure
appearances at immigration proceedings and public safety.
(b) Contract Authority.--The Secretary shall contract with
nongovernmental community-based organizations to conduct
screening of detainees, provide appearance assistance
services, and operate community-based supervision programs.
Secure alternatives shall offer a continuum of supervision
mechanisms and options, including community support,
depending on an assessment of each individual's
circumstances. The Secretary may contract with
nongovernmental organizations to implement secure
alternatives that maintain custody over the alien.
(c) Individualized Determinations.--In determining whether
to use secure alternatives, the Secretary shall make an
individualized determination, and for each individual placed
on secure alternatives, shall review the level of supervision
on a monthly basis. Secure alternatives shall not be used
when release on bond or recognizance is determined to be a
sufficient measure to ensure appearances at immigration
proceedings and public safety.
(d) Custody.--The Secretary may use secure alternatives
programs to maintain custody over any alien detained under
the Immigration and Nationality Act, except for aliens
detained under section 236A of such Act (8 U.S.C. 1226a). If
an individual is not eligible for release from custody or
detention, the Secretary shall consider the alien for
placement in secure alternatives that maintain custody over
the alien, including the use of electronic ankle devices.
SEC. 3716. OVERSIGHT OF DETENTION FACILITIES.
(a) Definitions.--In this section:
(1) Applicable standards.--The term ``applicable
standards'' means the most recent version of detention
standards and detention-related policies issued by the
Secretary or the Director of U.S. Immigration and Customs
Enforcement.
(2) Detention facility.--The term ``detention facility''
means a Federal, State, or local government facility, or a
privately owned and operated facility, that is used, in whole
or in part, to hold individuals under the authority of the
Director of U.S. Immigration and Customs Enforcement,
including facilities that hold such individuals under a
contract or agreement with the Director.
(b) Detention Requirements.--The Secretary shall ensure
that all persons detained pursuant to the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) are treated humanely
and benefit from the protections set forth in this section.
(c) Oversight Requirements.--
(1) Annual inspection.--All detention facilities shall be
inspected by the Secretary on a regular basis, but not less
than annually, for compliance with applicable detention
standards issued by the Secretary and other applicable
regulations.
(2) Routine oversight.--In addition to annual inspections,
the Secretary shall conduct routine oversight of detention
facilities, including unannounced inspections.
(3) Availability of records.--All detention facility
contracts, memoranda of agreement, and evaluations and
reviews shall be considered records for purposes of section
552(f)(2) of title 5, United States Code.
(4) Consultation.--The Secretary shall seek input from
nongovernmental organizations regarding their independent
opinion of specific facilities.
(d) Compliance Mechanisms.--
(1) Agreements.--
(A) New agreements.--Compliance with applicable standards
of the Secretary and all applicable regulations, and
meaningful financial penalties for failure to comply, shall
be a material term in any new contract, memorandum of
agreement, or any renegotiation, modification, or renewal of
an existing contract or agreement, including fee
negotiations, executed with detention facilities.
[[Page S5437]]
(B) Existing agreements.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall secure
a modification incorporating these terms for any existing
contracts or agreements that will not be renegotiated,
renewed, or otherwise modified.
(C) Cancellation of agreements.--Unless the Secretary
provides a reasonable extension to a specific detention
facility that is negotiating in good faith, contracts or
agreements with detention facilities that are not modified
within 1 year of the date of the enactment of this Act will
be cancelled.
(D) Provision of information.--In making modifications
under this paragraph, the Secretary shall require that
detention facilities provide to the Secretary all contracts,
memoranda of agreement, evaluations, and reviews regarding
the facility on a regular basis. The Secretary shall make
these materials publicly available.
(2) Financial penalties.--
(A) Requirement to impose.--Subject to subparagraph (C),
the Secretary shall impose meaningful financial penalties
upon facilities that fail to comply with applicable detention
standards issued by the Secretary and other applicable
regulations.
(B) Timing of imposition.--Financial penalties imposed
under subparagraph (A) shall be imposed immediately after a
facility fails to achieve an adequate or the equivalent
median score in any performance evaluation.
(C) Waiver.--The requirements of subparagraph (A) may be
waived if the facility corrects the noted deficiencies and
receives an adequate score in not more than 90 days.
(D) Multiple offenders.--In cases of persistent and
substantial noncompliance, including scoring less than
adequate or the equivalent median score in 2 consecutive
inspections, the Secretary shall terminate contracts or
agreements with such facilities within 60 days, or in the
case of facilities operated by the Secretary, such facilities
shall be closed within 90 days.
(e) Reporting Requirements.--
(1) Objectives.--Not later than June 30 of each year, the
Secretary shall prepare and submit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives a report on inspection and
oversight activities of detention facilities.
(2) Contents.--Each report submitted under paragraph (1)
shall include--
(A) a description of each detention facility found to be in
noncompliance with applicable detention standards issued by
the Department and other applicable regulations;
(B) a description of the actions taken by the Department to
remedy any findings of noncompliance or other identified
problems, including financial penalties, contract or
agreement termination, or facility closure; and
(C) information regarding whether the actions described in
subparagraph (B) resulted in compliance with applicable
detention standards and regulations.
SEC. 3717. PROCEDURES FOR BOND HEARINGS AND FILING OF NOTICES
TO APPEAR.
(a) Aliens in Custody.--Section 236 (8 U.S.C. 1226) is
amended by adding at the end the following:
``(f) Procedures for Custody Hearings.--For any alien taken
into custody under any provision of this Act, with the
exception of minors being transferred to or in the custody of
the Office of Refugee Resettlement, the following shall
apply:
``(1) The Secretary of Homeland Security shall, without
unnecessary delay and not later than 72 hours after the alien
is taken into custody, file the Notice to Appear or other
relevant charging document with the immigration court having
jurisdiction over the location where the alien was
apprehended, and serve such notice on the alien.
``(2) The Secretary shall immediately determine whether the
alien shall remain in custody or be released and, without
unnecessary delay and not later than 72 hours after the alien
was taken into custody, serve upon the alien the custody
decision specifying the reasons for continued custody and the
amount of bond if any.
``(3) The Attorney General shall ensure the alien has the
opportunity to appear before an immigration judge for a
custody determination hearing promptly after service of the
Secretary's custody decision. The immigration judge may, on
the Secretary's motion and upon a showing of good cause,
postpone a custody redetermination hearing for no more than
72 hours after service of the custody decision, except that
in no case shall the hearing occur more than 6 days
(including weekends and holidays) after the alien was taken
into custody.
``(4) The immigration judge shall advise the alien of the
right to postpone the custody determination hearing and
shall, on the oral or written request of the individual,
postpone the custody determination hearing for a period of
not more than 14 days.
``(5) Except for aliens that the immigration judge has
determined are deportable under section 236(c) or certified
under section 236A, the immigration judge shall review the
custody determination de novo and may continue to detain the
alien only if the Secretary demonstrates that no conditions,
including the use of alternatives to detention that maintain
custody over the alien, will reasonably assure the appearance
of the alien as required and the safety of any other person
and the community. For aliens whom the immigration judge has
determined are deportable under section 236(c), the
immigration judge may review the custody determination if the
Secretary agrees the alien is not a danger to the community,
and alternatives to detention exist that ensure the
appearance of the alien, as required, and the safety of any
other person and the community.
``(6) In the case of any alien remaining in custody after a
custody determination, the Attorney General shall provide de
novo custody determination hearings before an immigration
judge every 90 days so long as the alien remains in custody.
An alien may also obtain a de novo custody redetermination
hearing at any time upon a showing of good cause.
``(7) The Secretary shall inform the alien of his or her
rights under this paragraph at the time the alien is first
taken into custody.''.
(b) Limitations on Solitary Confinement.--
(1) In general.--Section 236(d) (8 U.S.C. 1226(d)) is
amended by adding at the end the following:
``(3) Nature of detention.--
``(A) Definitions.--In this paragraph:
``(i) Administrative segregation.--The term `administrative
segregation' means a nonpunitive form of solitary confinement
for administrative reasons.
``(ii) Disciplinary segregation.--The term `disciplinary
segregation' means a punitive form of solitary confinement
for disciplinary reasons.
``(iii) Serious mental illness.--The term `serious mental
illness' means a substantial disorder of thought or mood that
significantly impairs judgment, behavior, capacity to
recognize reality, or ability to cope with the ordinary
demands of life.
``(iv) Solitary confinement.--The term `solitary
confinement' means cell confinement of 22 hours or more per
day.
``(B) Limitations on solitary confinement.--
``(i) In general.--The use of solitary confinement of an
alien in custody pursuant to this section, section 235, or
section 241 shall be limited to situations in which such
confinement--
``(I) is necessary--
``(aa) to control a threat to detainees, staff, or the
security of the facility;
``(bb) to discipline the alien for a serious disciplinary
infraction if alternative sanctions would not adequately
regulate the alien's behavior; or
``(cc) for good order during the last 24 hours before an
alien is released, removed, or transferred from the facility;
``(II) is limited to the briefest term and under the least
restrictive conditions practicable and consistent with the
rationale for placement and with the progress achieved by the
alien; and
``(III) complies with the requirements set forth in this
subparagraph.
``(ii) Children.--Children who are younger than 18 years of
age may not be placed in solitary confinement.
``(iii) Serious mental illness.--
``(I) In general.--An alien with a serious mental illness
may not be placed in involuntary solitary confinement due to
mental illness unless--
``(aa) such confinement is necessary for the alien's own
protection; or
``(bb) if the alien requires emergency stabilization or
poses a significant threat to staff or others in general
population.
``(II) Maximum period.--An alien diagnosed with serious
mental illness may not be placed in solitary confinement for
more than 15 days unless the Secretary of Homeland Security
determines that--
``(aa) any less restrictive alternative is more likely than
not to cause greater harm to the alien than the solitary
confinement period imposed; or
``(bb) the likely harm to the alien is not substantial and
the period of solitary confinement is the least restrictive
alternative necessary to protect the alien, other detainees,
or others.
``(iv) Own protection.--
``(I) In general.--Involuntary solitary confinement for an
alien's own protection may be used only for the least amount
of time practicable and if no readily available and less
restrictive alternative will maintain the alien's safety.
``(II) Maximum period.--An alien may not be placed in
involuntary solitary confinement for the alien's own
protection for longer than 15 days unless the Secretary of
Homeland Security determines that any less restrictive
alternative is more likely than not to cause greater harm to
the alien than the solitary confinement period imposed.
``(III) Prohibited factors.--The Secretary of Homeland
Security may not rely solely on an alien's age, physical
disability, sexual orientation, gender identity, race, or
religion. The Secretary shall make an individualized
assessment in each case.
``(v) Medical care.--An alien placed in solitary
confinement--
``(I) shall be visited by a medical professional at least 3
times each week;
``(II) shall receive at least weekly mental health
monitoring by a licensed mental health clinician; and
``(III) shall be removed from solitary confinement if--
``(aa) a mental health clinician determines that such
detention is having a significant negative impact on the
alien's mental health; and
``(bb) an appropriate alternative is available.
[[Page S5438]]
``(vi) Notification; access to counsel.--If an alien is
placed in solitary confinement, the alien--
``(I) shall be informed verbally, and in writing, of the
reason for such confinement and the intended duration of such
confinement, if specified at the time of initial placement;
and
``(II) shall be offered access to counsel on the same basis
as detainees in the general population.
``(vii) Longer solitary confinement periods.--If an alien
has been subject to involuntary solitary confinement for more
than 14 consecutive days, the Secretary of Homeland Security
shall conduct a timely review to determine whether continued
placement is justified by an extreme disciplinary infraction
or is the least restrictive means of protecting the alien or
others. Any alien held in solitary confinement for more than
7 days shall be given a reasonable opportunity to challenge
such placement with the detention facility administrator,
which will promptly respond to such challenge in writing.
``(viii) Oversight.--The Secretary of Homeland Security
shall ensure that--
``(I) he or she is regularly informed about the use of
solitary confinement in all facilities at which aliens are
detained; and
``(II) the Department fully complies with the provisions
under this paragraph.
``(C) Disciplinary segregation.--Disciplinary segregation
is authorized only pursuant to the order of a facility
disciplinary panel following a hearing in which the detainee
is determined to have violated a facility rule.
``(D) Administrative segregation.--Administrative
segregation is authorized only as necessary to ensure the
safety of the detainee or others, the protection of property,
or the security or good order of the facility. Detainees in
administrative segregation shall be offered programming
opportunities and privileges consistent with those available
in the general population, except where precluded by safety
or security concerns.''.
(2) Annual report.--The Secretary shall--
(A) collect and compile information regarding the
prevalence, reasons for, and duration of solitary confinement
in all facilities described in paragraph (3);
(B) submit an annual report containing the information
described in subparagraph (A) to Congress not later than 30
days after the end of the reporting period; and
(C) make the data contained in the report submitted under
subparagraph (B) publicly available.
(3) Rulemaking.--The Secretary shall adopt regulations or
policies to carry out section 236(d)(3) of the Immigration
and Nationality Act, as amended by paragraph (1), at all
facilities at which aliens are detained pursuant to section
235, 236, or 241 of such Act.
(c) Stipulated Removal.--Section 240(d) (8 U.S.C. 1229a) is
amended to read as follows:
``(d) Stipulated Removal.--The Attorney General shall
provide by regulation for the entry by an immigration judge
of an order of removal stipulated to by the alien (or the
alien's representative) and the Service. An immigration judge
may enter a stipulated removal order only upon a finding at
an in-person hearing that the stipulation is voluntary,
knowing, and intelligent. A stipulated order shall constitute
a conclusive determination of the alien's removability from
the United States.''.
SEC. 3718. SANCTIONS FOR COUNTRIES THAT DELAY OR PREVENT
REPATRIATION OF THEIR NATIONALS.
Section 243(d) (8 U.S.C. 1253(d)) is amended to read as
follows:
``(d) Discontinuing Granting Visas to Nationals of
Countries That Deny or Delay Accepting Aliens.--
Notwithstanding section 221(c), if the Secretary of Homeland
Security determines, in consultation with the Secretary of
State, that the government of a foreign country denies or
unreasonably delays accepting aliens who are citizens,
subjects, nationals, or residents of that country after the
Secretary asks whether the government will accept an alien
under this section, or after a determination that the alien
is inadmissible under paragraph (6) or (7) of section 212(a),
the Secretary of State shall order consular officers in that
foreign country to discontinue granting visas, or classes of
visas, until the Secretary of Homeland Security notifies the
Secretary of State that the country has accepted the
aliens.''.
SEC. 3719. GROSS VIOLATIONS OF HUMAN RIGHTS.
(a) Inadmissibility of Certain Aliens.--Section
212(a)(3)(E) (8 U.S.C. 1182(a)(3)(E)) is amended by striking
clause (iii) and inserting the following:
``(iii) Commission of acts of torture, extrajudicial
killings, war crimes, or widespread or systematic attacks on
civilians.--Any alien who planned, ordered, assisted, aided
and abetted, committed, or otherwise participated, including
through command responsibility, in the commission of--
``(I) any act of torture (as defined in section 2340 of
title 18, United States Code);
``(II) any extrajudicial killing (as defined in section
3(a) of the Torture Victim Protection Act of 1991 (28 U.S.C.
1350 note)) under color of law of any foreign nation;
``(III) a war crime (as defined in section 2441 of title
18, United States Code); or
``(IV) any of the following acts as a part of a widespread
or systematic attack directed against a civilian population,
with knowledge of the attack: murder, extermination,
enslavement, forcible transfer of population, arbitrary
detention, rape, sexual slavery, enforced prostitution,
forced pregnancy, enforced sterilization, or any other form
of sexual violence of comparable gravity; persecution on
political racial, national, ethnic, cultural, religious, or
gender grounds; enforced disappearance of persons; or other
inhumane acts of a similar character intentionally causing
great suffering or serious bodily or mental injury,
is inadmissible.
``(iv) Limitation.--Clause (iii) shall not apply to an
alien if the Secretary of Homeland Security or the Attorney
General determine that the actions giving rise to the alien's
inadmissibility under such clause were committed under
duress. In determining whether the alien was subject to
duress, the Secretary may consider, among relevant factors,
the age of the alien at the time such actions were
committed.''.
(b) Denying Safe Haven to Foreign Human Rights Violators.--
Section 2(a)(2) of the Torture Victim Protection Act of 1991
(28 U.S.C. 1350 note) is amended--
(1) by inserting after ``killing'' the following: ``, a war
crime (as defined in subsections (c) and (d) of section 2441
of title 18, United States Code), a widespread or systematic
attack on civilians (as defined in section
212(a)(3)(E)(iii)(IV) of the Immigration and Nationality
Act), or genocide (as defined in section 1091(a) of such
title 18)''; and
(2) by striking ``to the individual's legal
representative'' and inserting ``to that individual or to
that individual's legal representative''.
(c) Nonapplicability of Confidentiality Requirement With
Respect to Visa Records.--The President may make public,
without regard to the requirements under section 222(f) of
the Immigration and Nationality Act (8 U.S.C. 1202(f)), with
respect to confidentiality of records pertaining to the
issuance or refusal of visas or permits to enter the United
States, the names of aliens deemed inadmissible on the basis
of section 212(a)(3)(E)(iii) of such Act, as amended by
subsection (a).
SEC. 3720. REPORTING AND RECORD KEEPING REQUIREMENTS RELATING
TO THE DETENTION OF ALIENS.
(a) In General.--In order for Congress and the public to
assess the full costs of apprehending, detaining, processing,
supervising, and removing aliens, and how the money Congress
appropriates for detention is allocated by Federal agencies,
the Assistant Secretary for Immigration and Customs and
Enforcement (referred to in this section as the ``Assistant
Secretary''), the Director of the Executive Office of
Immigration Review, and the Commissioner responsible for U.S.
Customs and Border Protection (referred to in this section as
the ``Commissioner'') shall--
(1) maintain the information required under subsections
(b), (c), and (d); and
(2) submit reports on that information to Congress and make
that information available to the public in accordance with
subsection (e).
(b) Maintenance of Information by U.S. Immigration and
Customs Enforcement.--The Assistant Secretary shall record
and maintain, in the database of U.S. Immigration and Customs
Enforcement relating to detained aliens, the following
information with respect to each alien detained pursuant to
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.):
(1) The provision of law that provides specific authority
for the alien's detention and the beginning and end dates of
the alien's detention pursuant to that authority. If the
alien's detention is authorized by different provisions of
law during different periods of time, the Assistant Secretary
shall record and maintain the provision of law that provides
authority for the alien's detention during each such period.
(2) The place where the alien was apprehended or where U.S.
Immigration and Customs Enforcement assumed custody of the
alien.
(3) Each location where U.S. Immigration and Customs
Enforcement detains the alien until the alien is released
from custody or removed from the United States, including any
period of redetention.
(4) The gender and age of each detained alien in the
custody of U.S. Immigration and Customs Enforcement.
(5) The number of days the alien is detained, including the
number of days spent in any given detention facility and the
total amount of time spent in detention.
(6) The immigration charges that are the basis for the
alien's removal proceedings.
(7) The status of the alien's removal proceedings and each
date on which those proceedings progress from 1 stage of
proceeding to another.
(8) The length of time the alien was detained following a
final administrative order of removal and the reasons for the
continued detention.
(9) The initial custody determination or review made by
U.S. Immigration and Customs Enforcement, including whether
the alien received notice of a custody determination or
review and when the custody determination or review took
place.
(10) The risk assessment results for the alien, including
if the alien is subject to mandatory custody or detention.
(11) The reason for the alien's release from detention and
the conditions of release imposed on the alien, if
applicable.
(c) Maintenance of Information by Executive Office of
Immigration Review.--The Director of the Executive Office of
Immigration Review shall record and maintain, in the database
of the Executive Office of Immigration Review relating to
detained aliens
[[Page S5439]]
in removal proceedings, the following information with
respect to each such alien:
(1) The immigration charges that are the basis for the
alien's removal proceedings, including any revision of the
immigration charges and the date of each such revision.
(2) The gender and age of the alien.
(3) The status of the alien's removal proceedings and each
date on which those proceedings progress from one stage of
proceeding to another.
(4) The statutory basis for any bond hearing conducted and
the outcomes of the bond hearing.
(5) Whether each court hearing is conducted in person, by
audio link, or by video conferencing.
(6) The date of each attorney entry of appearance before an
immigration judge using Form EOIR-28 and the scope of the
appearance to which the form related.
(d) Maintenance of Information by U.S. Customs and Border
Protection.--The Commissioner shall record and maintain in
the database of U.S. Customs and Border Protection relating
to detained aliens the following information with respect to
each alien detained pursuant to the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.):
(1) The provision of law that provides specific authority
for the alien's detention and the beginning and end dates of
the alien's detention.
(2) The place where the alien was apprehended.
(3) The gender and age of the alien.
(4) Each location where U.S. Customs and Border Protection
detains the alien until the alien is released from custody or
removed from the United States, including any period of
redetention.
(5) The number of days that the alien is detained in the
custody of U.S. Customs and Border Protection.
(6) The immigration charges that are the basis for the
alien's removal proceedings while the alien is in the custody
of U.S. Customs and Border Protection.
(7) The initial custody determination by U.S. Customs and
Border Protection, including whether the alien received
notice of a custody determination or review, when the custody
determination or review took place, and whether U.S. Customs
and Border Protection offered the option of stipulated
removal to a detained alien.
(8) The reason for the alien's release from detention and
the conditions of release to detention imposed on the alien,
if applicable.
(e) Reporting Requirements.--
(1) Periodic reports.--The Assistant Secretary, the
Director of the Executive Office of Immigration Review, and
the Commissioner shall periodically, but not less frequently
than annually, submit to Congress a report containing a
summary of the information required to be maintained by this
section. Each such report shall include summaries of
national-level data as well as summaries of the information
required by this section by State and county.
(2) Other reports.--The Assistant Secretary shall report to
Congress not less frequently than annually on--
(A) the number of aliens detained for more than 3 months, 6
months, 1 year, and 2 years; and
(B) the average period of detention before receipt of a
final administrative order of removal and after receipt of
such an order.
(3) Availability to public.--The reports required under
this subsection and the information for each alien on which
the reports are based shall be made available to the public
without the need to submit a request under section 552 of
title 5, United States Code (commonly referred to as the
``Freedom of Information Act'').
(4) Privacy protections.--No alien's identity may be
disclosed when information described in paragraph (3) is made
publicly available.
(f) Definitions.--In this section:
(1) Case outcome.--The term ``case outcome'' includes a
grant of relief from deportation under section 240A of the
Immigration and Nationality Act (8 U.S.C. 1229b), voluntary
departure pursuant to section 240B of that Act (8 U.S.C.
1229c), removal pursuant to section 238 of that Act (8 U.S.C.
1228), judicial termination of proceedings, termination of
proceedings by U.S. Immigration and Customs Enforcement,
cancellation of the notice to appear, or permission to
withdraw application for admission without any removal order
being issued.
(2) Place where the alien was apprehended.--The term
``place where the alien was apprehended'' refers to the city,
county, and State where an alien is apprehended.
(3) Reason for the alien's release from detention.--The
term ``reason for the alien's release from detention'' refers
to release on bond, on an alien's own recognizance, on
humanitarian grounds, after grant of relief, or due to
termination of proceedings or removal.
(4) Removal proceedings.--The term ``removal proceedings''
refers to a removal case of any kind, including expedited
removal, administrative removal, stipulated removal,
reinstatement, and voluntary removal and removals in which an
applicant is permitted to withdraw his or her application for
admission.
(5) Stage.--The term ``stage'', with respect to a
proceeding, refers to whether the alien is in proceedings
before an immigration judge, the Board of Immigration
Appeals, a United States court of appeals, or on remand from
a United States court of appeals.
SEC. 3721. POWERS OF IMMIGRATION OFFICERS AND EMPLOYEES AT
SENSITIVE LOCATIONS.
Section 287 (8 U.S.C. 1357) is amended by adding at the end
the following:
``(i)(1) In order to ensure individuals' access to
sensitive locations, this subsection applies to enforcement
actions by officers and agents of U.S. Immigration and
Customs Enforcement and officers and agents of U.S. Customs
and Border Protection.
``(2)(A) An enforcement action may not take place at, or be
focused on, a sensitive location, except as follows:
``(i) Under exigent circumstances.
``(ii) If prior approval is obtained.
``(B) If an enforcement action is taking place pursuant to
subparagraph (A) and the condition permitting the enforcement
action ceases, the enforcement action shall cease.
``(3)(A) When proceeding with an enforcement action at or
near a sensitive location, officers and agents referred to in
paragraph (1) shall conduct themselves as discreetly as
possible, consistent with officer and public safety, and make
every effort to limit the time at or focused on the sensitive
location.
``(B) If, in the course of an enforcement action that is
not initiated at or focused on a sensitive location, officers
or agents are led to or near a sensitive location, and no
exigent circumstance exists, such officers or agents shall
conduct themselves in a discreet manner, maintain
surveillance, and immediately consult their supervisor before
taking any further enforcement action, in order to determine
whether such action should be discontinued.
``(C) This section not apply to the transportation of an
individual apprehended at or near a land or sea border to a
hospital or healthcare provider for the purpose of providing
such individual medical care.
``(4)(A) Each official specified in subparagraph (B) shall
ensure that the employees under the supervision of such
official receive annual training on compliance with the
requirements of this subsection in enforcement actions at or
focused on sensitive locations and enforcement actions that
lead officers or agents to or near a sensitive location.
``(B) The officials specified in ths subparagraph are the
following:
``(i) The Chief Counsel of U.S. Immigration and Customs
Enforcement.
``(ii) The Field Office Directors of U.S. Immigration and
Customs Enforcement.
``(iii) Each Special Agent in Charge of U.S. Immigration
and Customs Enforcement.
``(iv) Each Chief Patrol Agent of U.S. Customs and Border
Protection.
``(v) The Director of Field Operations of U.S. Customs and
Border Protection.
``(vi) The Director of Air and Marine Operations of U.S.
Customs and Border Protection.
``(vii) The Internal Affairs Special Agent in Charge of
U.S. Customs and Border Protection.
``(5)(A) The Director of U.S. Immigration and Customs
Enforcement and the Commissioner of U.S. Customs and Border
Protection shall each submit to the appropriate committees of
Congress each year a report on the enforcement actions
undertaken by U.S. Immigration and Customs Enforcement and
U.S. Customs and Border Protection, respectively, during the
preceding year that were covered by this subsection.
``(B) Each report on an agency for a year under this
paragraph shall set forth the following:
``(i) The number of enforcement actions at or focused on a
sensitive location.
``(ii) The number of enforcement actions where officers or
agents were subsequently led to or near a sensitive location.
``(iii) The date, site, and State, city, and county in
which each enforcement action covered by clause (i) or (ii)
occurred.
``(iv) The component of the agency responsible for each
such enforcement action.
``(v) A description of the intended target of each such
enforcement action.
``(vi) The number of individuals, if any, arrested or taken
into custody through each such enforcement action.
``(vii) The number of collateral arrests, if any, from each
such enforcement action and the reasons for each such arrest.
``(viii) A certification of whether the location
administrator was contacted prior to, during, or after each
such enforcement action.
``(C) Each report under this paragraph shall be made
available to the public without the need to submit a request
under section 552 of title 5, United States Code (commonly
referred to as the `Freedom of Information Act').
``(6) In this subsection:
``(A) The term `appropriate committees of Congress' means--
``(i) the Committee on Homeland Security and Governmental
Affairs of the Senate;
``(ii) the Committee on the Judiciary of the Senate;
``(iii) the Committee on Homeland Security of the House of
Representatives; and
``(iv) the Committee on the Judiciary of the House of
Representatives.
``(B) The term `enforcement action' means an arrest,
interview, search, or surveillance for the purposes of
immigration enforcement, and includes an enforcement action
at, or focused on, a sensitive location that is part of a
joint case led by another law enforcement agency.
``(C) The term `exigent circumstances' means a situation
involving the following:
``(i) The imminent risk of death, violence, or physical
harm to any person, including a
[[Page S5440]]
situation implicating terrorism or the national security of
the United States in some other manner.
``(ii) The immediate arrest or pursuit of a dangerous
felon, terrorist suspect, or other individual presenting an
imminent danger or public safety risk.
``(iii) The imminent risk of destruction of evidence that
is material to an ongoing criminal case.
``(D) The term `prior approval' means the following:
``(i) In the case of officers and agents of U.S.
Immigration and Customs Enforcement, prior written approval
for a specific, targeted operation from one of the following
officials:
``(I) The Assistant Director of Operations, Homeland
Security Investigations.
``(II) The Executive Associate Director of Homeland
Security Investigations.
``(III) The Assistant Director for Field Operations,
Enforcement, and Removal Operations.
``(IV) The Executive Associate Director for Field
Operations, Enforcement, and Removal Operations.
``(ii) In the case of officers and agents of U.S. Customs
and Border Protection, prior written approval for a specific,
targeted operation from one of the following officials:
``(I) A Chief Patrol Agent.
``(II) The Director of Field Operations.
``(III) The Director of Air and Marine Operations.
``(IV) The Internal Affairs Special Agent in Charge.
``(E) The term `sensitive location' includes the following:
``(i) Hospitals and health clinics.
``(ii) Public and private schools (including pre-schools,
primary schools, secondary schools, postsecondary schools
(including colleges and universities), and other institutions
of learning such as vocational or trade schools).
``(iii) Organizations assisting children, pregnant women,
victims of crime or abuse, or individuals with mental or
physical disabilities.
``(iv) Churches, synagogues, mosques, and other places of
worship, such as buildings rented for the purpose of
religious services.
``(v) Such other locations as the Secretary of Homeland
Security shall specify for purposes of this subsection.''.
Subtitle H--Protection of Children Affected by Immigration Enforcement
SEC. 3801. SHORT TITLE.
This subtitle may be cited as the ``Humane Enforcement and
Legal Protections for Separated Children Act'' or the ``HELP
Separated Children Act''.
SEC. 3802. DEFINITIONS.
In this subtitle:
(1) Apprehension.--The term ``apprehension'' means the
detention or arrest by officials of the Department or
cooperating entities.
(2) Child.--The term ``child'' means an individual who has
not attained 18 years of age.
(3) Child welfare agency.--The term ``child welfare
agency'' means a State or local agency responsible for child
welfare services under subtitles B and E of title IV of the
Social Security Act (42 U.S.C. 601 et seq.).
(4) Cooperating entity.--The term ``cooperating entity''
means a State or local entity acting under agreement with the
Secretary.
(5) Detention facility.--The term ``detention facility''
means a Federal, State, or local government facility, or a
privately owned and operated facility, that is used, in whole
or in part, to hold individuals under the authority of the
Director of U.S. Immigration and Customs Enforcement,
including facilities that hold such individuals under a
contract or agreement with the Director.
(6) Immigration enforcement action.--The term ``immigration
enforcement action'' means the apprehension of 1 or more
individuals whom the Department has reason to believe are
removable from the United States by the Secretary or a
cooperating entity.
(7) Parent.--The term ``parent'' means a biological or
adoptive parent of a child, whose parental rights have not
been relinquished or terminated under State law or the law of
a foreign country, or a legal guardian under State law or the
law of a foreign country.
SEC. 3803. APPREHENSION PROCEDURES FOR IMMIGRATION
ENFORCEMENT-RELATED ACTIVITIES.
(a) Apprehension Procedures.--In any immigration
enforcement action, the Secretary and cooperating entities
shall--
(1) as soon as possible, but generally not later than 2
hours after an immigration enforcement action, inquire
whether an individual is a parent or primary caregiver of a
child in the United States and provide any such individuals
with--
(A) the opportunity to make a minimum of 2 telephone calls
to arrange for the care of such child in the individual's
absence; and
(B) contact information for--
(i) child welfare agencies and family courts in the same
jurisdiction as the child; and
(ii) consulates, attorneys, and legal service providers
capable of providing free legal advice or representation
regarding child welfare, child custody determinations, and
immigration matters;
(2) notify the child welfare agency with jurisdiction over
the child if the child's parent or primary caregiver is
unable to make care arrangements for the child or if the
child is in imminent risk of serious harm;
(3) ensure that personnel of the Department and cooperating
entities do not, absent medical necessity or extraordinary
circumstances, compel or request children to interpret or
translate for interviews of their parents or of other
individuals who are encountered as part of an immigration
enforcement action; and
(4) ensure that any parent or primary caregiver of a child
in the United States--
(A) absent medical necessity or extraordinary
circumstances, is not transferred from his or her area of
apprehension until the individual--
(i) has made arrangements for the care of such child; or
(ii) if such arrangements are unavailable or the individual
is unable to make such arrangements, is informed of the care
arrangements made for the child and of a means to maintain
communication with the child;
(B) absent medical necessity or extraordinary
circumstances, and to the extent practicable, is placed in a
detention facility either--
(i) proximate to the location of apprehension; or
(ii) proximate to the individual's habitual place of
residence; and
(C) receives due consideration of the best interests of
such child in any decision or action relating to his or her
detention, release, or transfer between detention facilities.
(b) Requests to State and Local Entities.--If the Secretary
requests a State or local entity to hold in custody an
individual whom the Department has reason to believe is
removable pending transfer of that individual to the custody
of the Secretary or to a detention facility, the Secretary
shall also request that the State or local entity provide the
individual the protections specified in paragraphs (1) and
(2) of subsection (a), if that individual is found to be the
parent or primary caregiver of a child in the United States.
(c) Protections Against Trafficking Preserved.--The
provisions of this section shall not be construed to impede,
delay, or in any way limit the obligations of the Secretary,
the Attorney General, or the Secretary of Health and Human
Services under section 235 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1232) or section 462 of the Homeland Security Act of
2002 (6 U.S.C. 279).
SEC. 3804. ACCESS TO CHILDREN, STATE AND LOCAL COURTS, CHILD
WELFARE AGENCIES, AND CONSULAR OFFICIALS.
At all detention facilities, the Secretary shall--
(1) prominently post in a manner accessible to detainees
and visitors and include in detainee handbooks information on
the protections of this subtitle as well as information on
potential eligibility for parole or release;
(2) absent extraordinary circumstances, ensure that
individuals who are detained by the Department and are
parents of children in the United States are--
(A) permitted regular phone calls and contact visits with
their children;
(B) provided with contact information for child welfare
agencies and family courts in the relevant jurisdictions;
(C) able to participate fully and, to the extent possible,
in person in all family court proceedings and any other
proceedings that may impact their right to custody of their
children;
(D) granted free and confidential telephone calls to
relevant child welfare agencies and family courts as often as
is necessary to ensure that the best interest of their
children, including a preference for family unity whenever
appropriate, can be considered in child welfare agency or
family court proceedings;
(E) able to fully comply with all family court or child
welfare agency orders impacting custody of their children;
(F) provided access to United States passport applications
or other relevant travel document applications for the
purpose of obtaining travel documents for their children;
(G) afforded timely access to a notary public for the
purpose of applying for a passport for their children or
executing guardianship or other agreements to ensure the
safety of their children; and
(H) granted adequate time before removal to obtain
passports, apostilled birth certificates, travel documents,
and other necessary records on behalf of their children if
such children will accompany them on their return to their
country of origin or join them in their country of origin;
and
(3) where doing so would not impact public safety or
national security, facilitate the ability of detained alien
parents and primary caregivers to share information regarding
travel arrangements with their consulate, children, child
welfare agencies, or other caregivers in advance of the
detained alien individual's departure from the United States.
SEC. 3805. MANDATORY TRAINING.
The Secretary, in consultation with the Secretary of Health
and Human Services, the Secretary of State, the Attorney
General, and independent child welfare and family law
experts, shall develop and provide training on the
protections required under sections 3803 and 3804 to all
personnel of the Department, cooperating entities, and
detention facilities operated by or under agreement with the
Department who regularly engage in immigration enforcement
actions and in the course of such actions come into
[[Page S5441]]
contact with individuals who are parents or primary
caregivers of children in the United States.
SEC. 3806. RULEMAKING.
Not later than 180 days after the date of the enactment of
this Act, the Secretary shall promulgate regulations to
implement sections 3803 and 3804 of this Act.
SEC. 3807. SEVERABILITY.
If any provision of this subtitle or amendment made by this
subtitle, or the application of a provision or amendment to
any person or circumstance, is held to be unconstitutional,
the remainder of this subtitle and amendments made by this
subtitle, and the application of the provisions and amendment
to any person or circumstance, shall not be affected by the
holding.
Subtitle I--Providing Tools To Exchange Visitors and Exchange Visitor
Sponsors To Protect Exchange Visitor Program Participants and Prevent
Trafficking
SEC. 3901. DEFINITIONS.
(a) In General.--Except as otherwise provided by this
subtitle, the terms used in this subtitle shall have the same
meanings, respectively, as are given those terms in section 3
of the Fair Labor Standards Act of 1938 (29 U.S.C. 203),
except that the term ``employer'' shall also include a
prospective employer seeking to hire exchange visitors with
which the sponsor has a contractual relationship.
(b) Other Definitions.--
(1) Exchange visitor.--The term ``exchange visitor'' means
a foreign national who is inquiring about or applying to
participate in the exchange visitor program or who has
successfully applied and has completed or is completing an
exchange visitor programs not funded by the United States
Government as governed by sections 2.22, 62.24, 62.30, 62.31,
and 62.32 of title 22, Code of Federal Regulations.
(2) Exchange visitor program.--The term ``exchange visitor
program'' means the international exchange program
administered by the Department of State to implement the
Mutual Educational and Cultural Exchange Act of 1961 (22
U.S.C. 2451 et seq.), by means of educational and cultural
programs.
(3) Exchange visitor program recruitment activities.--The
term ``exchange visitor program recruitment activities''
means activities related to recruiting, soliciting,
transferring, providing, obtaining, or facilitating
participation of individuals who reside outside the United
States in an exchange visitor program including when such
activity occurs wholly outside the United States.
(4) Exchange visitor program sponsor; sponsor.--The term
``exchange visitor program sponsor'' or ``sponsor'' means a
legal entity designated by the Secretary of State, in the
Secretary's discretion, to conduct an exchange visitor
program governed by sections 62.22, 62.24, 62.30, 62.31, and
62.32 of title 22, Code of Federal Regulations).
(5) Foreign entity.--The term ``foreign entity'' means a
person contracted by a sponsor to engage in exchange visitor
program recruitment activities on the sponsor's behalf and
any subcontractors thereof.
(6) Host entity.--The term ``host entity'' means ``host
organization'', ``primary or secondary accredited educational
institution'', ``camp facility'', ``host family'', or
``employer/host employer'' as used in sections 62.22, 62.24,
62.30, 62.31, and 62.32 of title 22, Code of Federal
Regulations, respectively.
(7) Regulations.--Any reference to any provision of
regulations shall include any successor provision addressing
the same subject matter.
SEC. 3902. DISCLOSURE.
(a) Requirement for Disclosure at Time of Exchange Visitor
Program Recruitment Activity.--Any person who engages in
exchange visitor program recruitment activity shall develop
certain information, previously approved by and on file with
the exchange visitor program sponsor, to be disclosed in
writing in English to the exchange visitor before the
exchange visitor pays fees described in section 3904, other
than refundable fees and a reasonable non-refundable deposit,
or otherwise detrimentally relies on information provided by
an exchange program sponsor or foreign entity. This
information shall be made available to the Secretary of
State, or an exchange visitor requesting his or her own file,
within 5 business days of request, consistent with program
regulations in part 62 of title 22, Code of Federal
Regulations. Not later than 18 months after the date of the
enactment of this Act, the Secretary of State shall, in
consultation with the Secretary of Labor, amend such
regulations to reflect the information to be disclosed,
including the following:
(1) The identity and address of the exchange visitor
program sponsor, host entity, and any foreign entity with
authority to charge fees and costs under section 3904.
(2) All assurances and terms and conditions of employment,
from the prospective host entity of the exchange visitor,
including place and period of employment, job duties, number
of work hours, wages and compensation, and any deductions
from wages and benefits, including deductions for housing and
transportation. Nothing in this paragraph shall be construed
to permit any charge, deduction, or expense prohibited by
this or any other law.
(3) A copy of the prospective agreement between the
exchange visitor program sponsor, exchange visitor, and the
host entity.
(4) Information regarding the terms and conditions of the
nonimmigrant status under which the exchange visitor is to be
admitted, and the period of stay in the United States allowed
for such nonimmigrant status.
(5) A copy of the fee disclosure form as described in
section 3904(d) listing the mandatory and optional costs or
expenses to be charged to the exchange visitor.
(6) The existence of any labor organizing effort,
collective bargaining agreement, labor contract, strike,
lockout, or other labor dispute at the host entity.
(7) Whether and the extent to which exchange visitors will
be compensated through workers' compensation, private
insurance, or otherwise for injuries or death, including
work-related injuries and death, during the period of
employment.
(8) A description of the sanctions the exchange visitor
program sponsor is currently subject to, if any, as imposed
by the Department of State.
(9) A statement in a form specified by the Secretary of
State--
(A) stating that in accordance with guidelines and
regulations promulgated by the Secretary --
(i) the costs and fees charged by the exchange program
sponsor, foreign entity, and host entity do not exceed those
permitted by section 3904 and are legal under the laws of the
United States and the home country of the exchange visitor;
and
(ii) the exchange visitor program sponsor, foreign entity,
or host entity may bear costs or fees not provided for in
section 3904, but that fees under that section cannot be
passed along to the exchange visitor.
(10) Any education or training to be provided or required,
other than education or training provided in accordance with
section 62.10 (b) and (c) of title 22, Code of Federal
Regulations, as ``pre-arrival information'' or
``orientation'' and additional orientation and training
requirements as described in each relevant category under
sections 62.22, 62.24, 62.30, 62.31, and 62.32 of that title.
(11) A clear statement explaining that--
(A) except as provided in subparagraph (B), no additional
significant requirements or significant changes may be made
to the original contract signed with a handwritten,
electronic, or digital pin code signature by the exchange
visitor without at least 24 hours to consider such changes
and the specific consent of the exchange visitor, obtained
voluntarily and without threat of penalty; and
(B) changes may be made to the conditions of employment
contained in the original contract even if the exchange
visitor has not had 24 hours to consider such changes,
provided the exchange visitor has specifically consented to
the changes, voluntarily and without threat of penalty, and
such changes must be implemented without giving the exchange
visitor 24 hours to consider them in order to protect the
health or welfare of the exchange visitor.
(b) Requirement for Rules.--The Secretary of State shall
define by rule or guidance what constitutes ``refundable
fees'' and a ``reasonable non-refundable deposit'' for the
purpose subsection (a).
(c) Relationship to Labor and Employment Laws.--Nothing in
the disclosure required by subsection (a) shall constitute a
legal conclusion as to the exchange visitor's status or
rights under the labor and employment laws.
(d) Prohibition on False and Misleading Information and
Certain Fees.--No exchange visitor program sponsor, foreign
entity, or host entity who engages in any exchange visitor
program activity shall knowingly provide materially false or
misleading information to any exchange visitor concerning any
matter required to be disclosed under subsection (a).
Charging fees for services not provided or assessing fees
that exceed the amounts established by the Secretary of State
pursuant to section 3904 is a violation of this section. The
disclosure required by this section is a document concerning
the proper administration of a matter within the jurisdiction
of a department or agency of the United States for the
purposes of section 1519 of title 18, United States Code, and
other provisions of such title.
(e) Public Availability of Information.--The Secretary of
State shall amend its regulations at part 62 of title 22,
Code of Federal Regulations, to require sponsors to make
publicly available, including on their websites and in
recruiting materials, information regarding fees, costs, and
services associated with their exchange visitor programs,
including foreign entity names and contact points, and other
factors relevant to exchange visitors' choice of sponsor or
foreign entity.
SEC. 3903. PROHIBITION ON DISCRIMINATION.
(a) In General.--It shall be unlawful for an exchange
visitor program sponsor, foreign entity, or host entity to
fail or refuse to select, hire, discharge, intimidate,
threaten, restrain, coerce, or blacklist any individual or
otherwise discriminate against an individual with respect to
compensation, terms, conditions, or privileges of employment,
because of such individual's race, color, creed, sex,
national origin, religion, age, or disability.
(b) Determinations of Discrimination.--For the purposes of
determining the existence of unlawful discrimination under
subsection (a)--
(1) in the case of a claim of discrimination based on race,
color, sex, national origin, or religion, the same legal
standards shall apply as are applicable under title VII of
the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.);
[[Page S5442]]
(2) in the case of a claim of discrimination based on age,
the same legal standards shall apply as are applicable under
the Age Discrimination in Employment Act of 1967 (29 U.S.C.
621 et seq.); and
(3) in the case of a claim of discrimination based on
disability, the same legal standards shall apply as are
applicable under title I of the Americans With Disabilities
Act of 1990 as amended (42 U.S.C. 12111 et seq.).
SEC. 3904. FEES.
(a) In General.--Not later than 2 years after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Labor, shall promulgate
regulations to set limits on the mandatory fees charged by
exchange visitor program sponsors, host entities, and their
foreign entities to the exchange visitor. In promulgating
such regulations, the Secretary of State shall conduct public
meetings with exchange visitor program sponsors,
organizations representing exchange visitors, and members of
the public with expertise in public diplomacy, educational
and cultural exchange, labor markets, labor relations,
migration, civil rights, human rights, and prohibiting human
trafficking. The Secretary of State may, in the Secretary's
discretion, consider factors including what costs are within
the control of sponsors, differences among programs and
countries, level and amount of educational and cultural
activities included, and services rendered.
(b) Maximum Fees.--It shall be unlawful for any person to
charge a fee higher than the maximum allowable fee as
established by regulations promulgated under subsection (a),
and any person who charges a higher fee shall be liable under
this subtitle. If a fee higher than the maximum is charged by
a sponsor or foreign entity, the sponsor shall be liable. If
a fee higher than the maximum allowable is charged by the
host entity or a host entity's agent, the host entity shall
be liable.
(c) Update of Maximum Fees.--The Secretary of State shall
update the maximum allowable fees described in subsection (a)
in response to changing economic conditions and other factors
as needed.
(d) Fee Transparency.--The Secretary of State shall amend
its regulations at part 62 of title 22, Code of Federal
Regulations, to require exchange visitor program sponsors
to--
(1) provide the Department of State annually with an
itemized list of fees charged to exchange visitor program
participants including by their foreign entities,
subcontractors, or foreign entity's agents; and
(2) require a 3-party document signed by the exchange
visitor, foreign entity, and sponsor that outlines a basic
level fee structure and itemizes mandatory and optional fees.
SEC. 3905. ANNUAL NOTIFICATION.
(a) Annual Exchange Visitor Program Sponsor Notification.--
(1) In general.--Subject to paragraph (2), prior to
engaging in any exchange visitor program activity, any person
who seeks to be an exchange visitor program sponsor shall be
designated by the Secretary of State pursuant to regulations
that the Secretary of State has prescribed or shall prescribe
after the date of the enactment of this Act.
(2) Notification.--Each exchange visitor program sponsor
shall notify the Secretary of State, not less frequently than
once every year, of the identity of any third party, agent,
or exchange visitor program sponsor employee involved in any
exchange visitor program recruitment activity for, or on
behalf of, the exchange visitor program sponsor.
(3) Personal jurisdiction over foreign entities.--As a
condition of initial and continued registration, each program
sponsor shall obtain a written and signed agreement from any
foreign entity. In that agreement, the foreign entity shall
stipulate and agree, as a condition for receiving any payment
or compensation for performing any work or service for the
program sponsor, that the laws of the United States shall
govern any and all disputes among and between the parties or
the United States, including any enforcement actions, and
that any dispute or enforcement action shall be brought in
the United States District Court for the District of
Columbia. The agreement shall be in such form and contain
such other information as the Secretary of State shall
prescribe.
(4) Noncompliance notification.--An host entity shall
notify the Secretary of State upon gaining knowledge of
noncompliance with this subtitle by an exchange visitor
program sponsor. An exchange visitor program sponsor shall
notify the Secretary of State upon gaining knowledge of
noncompliance with this subtitle by a host entity or foreign
entity.
(b) Regulations.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall amend
its regulations at part 62 of title 22, Code of Federal
Regulations, regarding the annual exchange visitor program
sponsor notification.
(c) Refusal To Issue and Revocation of Designation.--The
Secretary of State shall amend its regulations at part 62 of
title 22, Code of Federal Regulations, to include the
following bases for refusing to issue or renew, or for
revoking a sponsor's designation for a period of not greater
than 5 years:
(1) The applicant for, or holder of, the designation has
knowingly made a material misrepresentation in the
application for such designation.
(2) The applicant for, or holder of, the designation has
committed any felony under State or Federal law or any crime
involving fraud, robbery, bribery, extortion, embezzlement,
grand larceny, burglary, arson, violation of narcotics laws,
murder, rape, trafficking in persons, assault with intent to
kill, assault which inflicts grievous bodily injury,
prostitution, peonage, or smuggling or harboring individuals
who have entered the United States illegally.
(3) The applicant for, or holder of, the designation has
committed any crime relating to gambling, or to the sale,
distribution, or possession of alcoholic beverages, in
connection with or incident to any exchange visitor
recruitment activities.
(4) Such other criteria as the Secretary of State may, in
the Secretary's discretion, establish.
SEC. 3906. BONDING REQUIREMENT.
(a) In General.--The Secretary of State may assess a bond
amount sufficient to ensure the ability of a sponsor to
discharge its responsibilities and to ensure protection of
exchange visitors, including wages or stipends. In requiring
a sponsor to post the bond, the Secretary of State shall take
into account the degree to which the sponsor's assets can be
reached by United States courts.
(b) Regulations.--The Secretary of State, by regulation,
shall establish the conditions under which the bond amount is
determined, paid, and forfeited, which shall include the
sponsor's history of compliance.
(c) Relationship to Other Remedies.--The bond requirements
and forfeiture of the bond under this section shall be in
addition to or, pursuant to court order, in conjunction with,
other remedies under 3910 or any other provision of law.
SEC. 3907. MAINTENANCE OF LISTS.
(a) In General.--The Secretary of State shall work with the
Secretary of Homeland Security to ensure that the information
described in paragraphs (1) through (4) of subsection (b) is
included on the foreign entity list kept and updated pursuant
to section 3607 and shall share that list with the Department
of Labor.
(b) Information.--Not later than 1 year after the date of
the enactment of this Act, each sponsor shall compile and
share with the Secretary of State on a regular basis a list
that includes the following information:
(1) The countries from which the sponsor recruits.
(2) The host entities for whom the sponsor recruits.
(3) The occupations for which the sponsor recruits.
(4) The States where recruited exchange visitors are
employed.
(c) Limitation on Public Availability.--Neither the
Secretary of State nor the Secretary of Homeland Security
shall make the information described in paragraphs (1)
through (4) of subsection (b) public as part of the list
described in section 3607.
SEC. 3908. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT.
Section 214 (8 U.S.C. 1184), as amended by title IV, is
further amended by adding at the end the following:
``(bb) A visa shall not be issued under section 101(a)(15)
until the consular officer--
``(1) has confirmed that the applicant has received, read,
and understood the information and resources pamphlet
required by section 202 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1375b); and
``(2) has reviewed and made a part of the visa file the
exchange visitor program sponsor disclosures required by
section 3902 of the Border Security, Economic Opportunity,
and Immigration Modernization Act, including whether the
exchange visitor program sponsor is designated pursuant to
that section.''.
SEC. 3909. RESPONSIBILITIES OF SECRETARY OF STATE.
(a) In General.--The Secretary of State shall ensure that
each United States diplomatic mission has a person who is
responsible for receiving information from any exchange
visitor who has been subject to violations of this subtitle.
(b) Provision of Information.--The responsible person
referred to in subsection (a) shall ensure that the
information received is provided to the Department of State.
The Department of State may share that information as
necessary with the Department of Justice, the Department of
Labor, and any other relevant Federal agency.
(c) Mechanisms.--The Attorney General and the Secretary of
State shall ensure that there is a mechanism for any actions
that need to be taken in response to information received
under subsection (a).
(d) Assistance From Foreign Government.--The person
designated for receiving information pursuant to subsection
(a) is strongly encouraged to coordinate with governments and
civil society organizations in the countries of origin to
ensure the exchange visitor receives additional support.
(e) Maintenance and Availability of Information.--The
Secretary of State shall ensure that consulates coordinate
with the Department of State to have access to information
regarding the identities of sponsors and the foreign entities
with whom sponsors contract for exchange visitor program
recruitment activities. The Secretary of State shall ensure
information on the identity of sponsors is publicly available
in written form on the Department of State website, and
information on the identity of foreign entities in each
individual country is publicly available on the websites of
United States embassies in each of those countries.
[[Page S5443]]
SEC. 3910. ENFORCEMENT PROVISIONS.
(a) Investigations.--The Secretary of State shall undertake
compliance actions and sanctions against exchange visitor
program sponsors in accordance with part 62 of title 22, Code
of Federal Regulations.
(b) Representation.--Except as provided in section 518(a)
of title 28, United States Code, the Attorney General may
appear for and represent the Secretary in any civil
litigation brought under this paragraph. All such litigation
shall be subject to the direction and control of the Attorney
General. Exchange visitor sponsors shall be allowed a
reasonable period of inquiry and response before civil
litigation is initiated.
(c) Enforcement.--The Secretary of State or an exchange
visitor who is subject to any violation of this subtitle may
bring a civil action against an exchange visitor program
sponsor, foreign entity, or host entity in a court of
competent jurisdiction and recover appropriate relief,
including injunctive relief, damages, reasonable attorneys'
fees and costs, and any other remedy that would effectuate
the purposes of this subtitle. Any action must be filed
within 3 years after the date on which the exchange visitor
became aware of the violation, but under no circumstances
more than 5 years after the date on which the violation
occurred.
(d) Actions by the Secretary of State or an Exchange
Visitor.--If the court finds in a civil action filed under
this section that the defendant has violated any provision of
this subtitle (or any regulation issued pursuant to this
subtitle), the court may award damages, up to and including
an amount equal to the amount of actual damages, and
statutory damages of up to $1,000 per plaintiff per
violation, or other equitable relief, except that with
respect to statutory damages--
(1) multiple infractions of a single provision of this
subtitle (or of a regulation under this subtitle) shall
constitute only 1 violation for purposes of section 3902(a)
to determine the amount of statutory damages due a plaintiff;
and
(2) if such complaint is certified as a class action the
court may award--
(A) damages up to an amount equal to the amount of actual
damages; and
(B) statutory damages of not more than the lesser of up to
$1,000 per class member per violation, or up to $500,000;
(C) other equitable relief;
(D) reasonable attorneys' fees and costs; and
(E) such other and further relief, including declaratory
and injunctive relief, as necessary to effectuate the
purposes of this subtitle.
(e) Bond.--To satisfy the damages, fees, and costs found
owing under this section, as much of the bond held pursuant
to section 3906 shall be released as necessary.
(f) Appeal.--Any civil action brought under this section
shall be subject to appeal as provided in chapter 83 of title
28, United States Code.
(g) Safe Harbor.--A host entity shall not have any
liability under this section for the actions or omissions of
an exchange visitor program sponsor that has a valid
designation with the State Department pursuant to section
3905, unless and to the extent that the host entity has
engaged in conduct that violates this subtitle.
(h) Liability for Foreign Entities.--Exchange visitor
program sponsors shall be liable for violations of this
subtitle by any foreign employees, agents, foreign entities,
or subcontractees of any level in relation to the exchange
visitor program recruitment activities of the foreign
employees, agents, foreign entities, or subcontractees to the
same extent as if the exchange visitor program sponsor had
committed the violation, unless the exchange visitor program
sponsor--
(1) uses reasonable procedures to protect against
violations of this subtitle by foreign employees, agents,
foreign entities, or subcontractees (including contractually
forbidding in writing any foreign employees, agents, foreign
entities, or subcontractees from seeking or receiving
prohibited fees from workers);
(2) does not act with reckless disregard of the fact that
foreign employees, agents, foreign entities, or
subcontractees have violated any provision of this subtitle;
and
(3) timely reports any potential violations to the
Secretary of State.
(i) Waiver of Rights.--Agreements between exchange visitors
with sponsors, foreign entities, or host entities purporting
to waive or to modify their rights under this subtitle shall
be void as contrary to public policy.
(j) Retaliation.--No person shall intimidate, threaten,
restrain, coerce, discharge, or in any other manner
discriminate or retaliate against any exchange visitor or his
or her family members (including a former exchange visitor or
an applicant for employment) because such exchange visitor
disclosed information to any person that the exchange visitor
reasonably believes evidences a violation of this section (or
any rule or regulation pertaining to this section), including
speaking with a worker organization, seeking legal assistance
of counsel, or cooperating with an investigation or other
proceeding concerning compliance with this section (or any
regulation pertaining to this section).
(k) Prohibition on Retaliation.--It shall be unlawful for
an exchange visitor program sponsor or foreign entity to
terminate or remove from the exchange visitor program, ban
from the program, adversely annotate an exchange visitor's
SEVIS (as defined in section 4902) record, fire, demote, take
other adverse employment action, or evict, or to threaten to
take any of such actions against an exchange visitor in
retaliation for the act of complaining about program
conditions, including housing and job placements, wages,
hours, and general treatment, or for disclosing retaliation
by an exchange visitor sponsor, exchange visitor foreign
entity, or host entity against any exchange visitor.
(l) Presence During Pendency of Actions.--If other
immigration relief is not available to the exchange visitor,
the Secretary of Homeland Security may permit, only on the
basis of proof, the exchange visitor to remain lawfully in
the United States for the time sufficient to allow the
exchange visitor to fully and effectively participate in all
legal proceedings related to any action taken pursuant to
this section.
(m) Access to Legal Services Corporation.--Notwithstanding
any other provision of law, the Legal Services Corporation
and recipients of its funding may provide legal assistance on
behalf of any alien with respect to any provision of this
subtitle.
(n) Host Entity Violations.--The Secretary, in consultation
with the Secretary of Labor, shall maintain a list of host
entities against whom there has been a complaint
substantiated by the Department of State for significant
program violations. Information from that list shall be made
available to sponsors upon request.
SEC. 3911. AUDITS AND TRANSPARENCY.
(a) Compliance Audits.--
(1) In general.--The Secretary of State shall by regulation
require audit reports to be filed by exchange visitor program
sponsors operating under the following specific program
categories, as described under subpart B of part 62 of title
22, Code of Federal Regulations, and any successor
regulations:
(A) Summer work travel.
(B) Trainees and interns.
(C) Camp counselors.
(D) Au pairs.
(E) Teachers.
(2) Audit reports.--Audit reports shall be filed with the
Department of State and be conducted by a certified public
accountant, qualified auditor, or licensed attorney pursuant
to a format designated by the Secretary of State, attesting
to the sponsor's compliance with the regulatory and reporting
requirements set forth in part 62 of title 22, Code of
Federal Regulations. The report shall be conducted at the
expense of the sponsor and no more frequently than on a
biannual basis.
(b) Annual Report.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the
Secretary of State shall submit to Congress a report on the
exchange visitor program, which shall detail for each
specific program category--
(1) summary data on the number of exchange visitors and
countries participating in that category;
(2) public diplomacy outcomes; and
(3) recent sanctions imposed by the Department of State.
TITLE IV--REFORMS TO NONIMMIGRANT VISA PROGRAMS
Subtitle A--Employment-based Nonimmigrant Visas
SEC. 4101. MARKET-BASED H-1B VISA LIMITS.
(a) In General.--Section 214(g) (8 U.S.C. 1184(g)) is
amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``(beginning with fiscal year 1992)''; and
(B) by amending subparagraph (A) to read as follows:
``(A) under section 101(a)(15)(H)(i)(b) may not exceed the
sum of--
``(i) the base allocation calculated under paragraph
(9)(A); and
``(ii) the allocation adjustment calculated under paragraph
(9)(B); and'';
(2) by redesignating paragraph (10) as subparagraph (D) of
paragraph (9);
(3) by redesignating paragraph (9) as paragraph (10); and
(4) by inserting after paragraph (8) the following:
``(9)(A) Except as provided in subparagraph (C), the base
allocation of nonimmigrant visas under section
101(a)(15)(H)(i)(b) for each fiscal year shall be equal to--
``(i) the sum of--
``(I) the base allocation for the most recently completed
fiscal year; and
``(II) the allocation adjustment under subparagraph (B) for
the most recently completed fiscal year;
``(ii) if the number calculated under clause (i) is less
than 115,000, 115,000; or
``(iii) if the number calculated under clause (i) is more
than 180,000, 180,000.
``(B)(i) If the number of cap-subject nonimmigrant visa
petitions accepted for filing under section
101(a)(15)(H)(i)(b) during the first 45 days petitions may be
filed for a fiscal year is equal to the base allocation for
such fiscal year, an additional 20,000 such visas shall be
made available beginning on the 46th day on which petitions
may be filed for such fiscal year.
``(ii) If the base allocation of cap-subject nonimmigrant
visa petitions accepted for filing under section
101(a)(15)(H)(i)(b) for a fiscal year is reached during the
15-day period ending on the 60th day on which petitions may
be filed for such fiscal year, an additional 15,000 such
visas shall be made available beginning on the 61st day on
which petitions may be filed for such fiscal year.
[[Page S5444]]
``(iii) If the base allocation of cap-subject nonimmigrant
visa petitions accepted for filing under section
101(a)(15)(H)(i)(b) for a fiscal year is reached during the
30-day period ending on the 90th day on which petitions may
be filed for such fiscal year, an additional 10,000 such
visas shall be made available beginning on the 91st day on
which petitions may be filed for such fiscal year.
``(iv) If the base allocation of cap-subject nonimmigrant
visa petitions accepted for filing under section
101(a)(15)(H)(i)(b) for a fiscal year is reached during the
185-day period ending on the 275th day on which petitions may
be filed for such fiscal year, an additional 5,000 such visas
shall be made available beginning on the date on which such
allocation is reached.
``(v) If the number of cap-subject nonimmigrant visa
petitions accepted for filing under section
101(a)(15)(H)(i)(b) for a fiscal year is at least 5,000 fewer
than the base allocation, but is not more than 9,999 fewer
than the base allocation, the allocation adjustment for the
following fiscal year shall be -5,000.
``(vi) If the number of cap-subject nonimmigrant visa
petitions accepted for filing under section
101(a)(15)(H)(i)(b) for a fiscal year is at least 10,000
fewer than the base allocation, but not more than 14,999
fewer than the base allocation, the allocation adjustment for
the following fiscal year shall be -10,000.
``(vii) If the number of cap-subject nonimmigrant visa
petitions accepted for filing under section
101(a)(15)(H)(i)(b) for a fiscal year is at least 15,000
fewer than the base allocation, but not more than 19,999
fewer than the base allocation, the allocation adjustment for
the following fiscal year shall be -15,000.
``(viii) If the number of cap-subject nonimmigrant visa
petitions accepted for filing under section
101(a)(15)(H)(i)(b) for a fiscal year is at least 20,000
fewer than the base allocation, the allocation adjustment for
the following fiscal year shall be -20,000.
``(C) An allocation adjustment under clause (i), (ii),
(iii), or (iv) of subparagraph (B)--
``(i) may not increase the numerical limitation contained
in paragraph (9)(A) to a number above 180,000; and
``(ii) may not take place to make additional nonimmigrant
visas available for any fiscal year in which the national
occupational unemployment rate for `Management, Professional,
and Related Occupations', as published by the Bureau of Labor
Statistics each month, averages 4.5 percent or greater over
the 12-month period preceding the date of the Secretary's
determination of whether the cap should be increased or
decreased.''.
(b) Increase in Allocation for STEM Nonimmigrants.--Section
214(g)(5)(C) (8 U.S.C. 1184(g)(5)(C)) is amended to read as
follows:
``(C) has earned a master's or higher degree, in a field of
science, technology, engineering, or math included in the
Department of Education's Classification of Instructional
Programs taxonomy within the summary groups of computer and
information sciences and support services, engineering,
mathematics and statistics, biological and biomedical
sciences, and physical sciences, from a United States
institution of higher education (as defined in section 101(a)
of the Higher Education Act of 1965 (20 U.S.C. 1001(a)) until
the number of aliens who are exempted from such numerical
limitation during such year exceed 25,000.''.
(c) Publication.--
(1) Data summarizing petitions.--The Secretary shall timely
upload to a public website data that summarizes the
adjudication of nonimmigrant petitions under section
101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(i)(b)) during each fiscal year.
(2) Annual numerical limitation.--As soon as practicable
and no later than March 2 of each fiscal year, the Secretary
shall publish in the Federal Register the numerical
limitation determined under section 214(g)(1)(A) for such
fiscal year.
(d) Effective Date and Application.--The amendments made by
subsection (a) shall take effect on the first day of the
first fiscal year beginning after the date of the enactment
of this Act and apply to applications for nonimmigrant visas
under section 101(a)(15)(H)(i)(b) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) for such
fiscal year.
SEC. 4102. EMPLOYMENT AUTHORIZATION FOR DEPENDENTS OF
EMPLOYMENT-BASED NONIMMIGRANTS.
Section 214(c) (8 U.S.C. 1184(c)) is amended--
(1) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security''; and
(2) in paragraph (2), by amending subparagraph (E) to read
as follows:
``(E)(i) In the case of an alien spouse admitted under
section 101(a)(15)(L), who is accompanying or following to
join a principal alien admitted under such section, the
Secretary of Homeland Security shall--
``(I) authorize the alien spouse to engage in employment in
the United States; and
``(II) provide the spouse with an `employment authorized'
endorsement or other appropriate work permit.
``(ii) In the case of an alien spouse admitted under
section 101(a)(15)(H)(i)(b), who is accompanying or following
to join a principal alien admitted under such section, the
Secretary of Homeland Security shall--
``(I) authorize the alien spouse to engage in employment in
the United States; and
``(II) provide such a spouse with an `employment
authorized' endorsement or other appropriate work permit, if
appropriate.
``(iii)(I) Upon the request of the Secretary of State, the
Secretary of Homeland Security may suspend employment
authorizations under clause (ii) to nationals of a foreign
country that does not permit reciprocal employment to
nationals of the United States who are accompanying or
following to join the employment-based nonimmigrant husband
or wife of such spouse to be employed in such foreign country
based on that status.
``(II) In subclause (I), the term `employment-based
nonimmigrant' means an individual who is admitted to a
foreign country to perform employment similar to the
employment described in section 101(a)(15)(H)(i)(b).''.
SEC. 4103. ELIMINATING IMPEDIMENTS TO WORKER MOBILITY.
(a) Deference to Prior Approvals.--Section 214(c) (8 U.S.C.
1184(c)), as amended by section 4102, is further amended by
adding at the end the following:
``(15) Subject to paragraph (2)(D) and subsection (g) and
section 104(c) and subsections (a) and (b) of section 106 of
the American Competitiveness in the Twenty-first Century Act
of 2000 (Public Law 106-313; 8 U.S.C. 1184 note), the
Secretary of Homeland Security shall give deference to a
prior approval of a petition in reviewing a petition to
extend the status of a nonimmigrant admitted under
subparagraph (H)(i)(b) or (L) of section 101(a)(15) if the
petition involves the same alien and petitioner unless the
Secretary determines that--
``(A) there was a material error with regard to the
previous petition approval;
``(B) a substantial change in circumstances has taken
place;
``(C) new material information has been discovered that
adversely impacts the eligibility of the employer or the
nonimmigrant; or
``(D) in the Secretary's discretion, such extension should
not be approved.''.
(b) Effect of Employment Termination.--Section 214(n) (8
U.S.C. 1184(n)) is amended by adding at the end the
following:
``(3) A nonimmigrant admitted under section
101(a)(15)(H)(i)(b) whose employment relationship terminates
before the expiration of the nonimmigrant's period of
authorized admission shall be deemed to have retained such
legal status throughout the entire 60-day period beginning on
the date such employment is terminated. A nonimmigrant who
files a petition to extend, change, or adjust their status at
any point during such period shall be deemed to have lawful
status under section 101(a)(15)(H)(i)(b) while that petition
is pending.''.
(c) Visa Revalidation.--Section 222(c) (8 U.S.C. 1202(c))
is amended--
(1) by inserting ``(1)'' before ``Every alien''; and
(2) by adding at the end the following:
``(2) The Secretary of State may, at the Secretary's
discretion, renew in the United States the visa of an alien
admitted under subparagraph (A), (E), (G), (H), (I), (L),
(N), (O), (P), (R), or (W) of section 101(a)(15) if the alien
has remained eligible for such status and qualifies for a
waiver of interview as provided for in subsection
(h)(1)(D).''.
(d) Interview Waivers for Low Risk Visa Applicants.--
Section 222(h)(1) (8 U.S.C. 1202(h)(1)) is amended--
(1) in subparagraph (B)(iv), by striking ``or'' at the end;
(2) in subparagraph (C)(ii), by striking ``and'' at the end
and inserting ``or''; and
(3) by adding at the end the following:
``(D) by the Secretary of State, in consultation with the
Secretary of Homeland Security, for such aliens or classes of
aliens--
``(i) that the Secretary determines generally represent a
low security risk;
``(ii) for which an in-person interview would not add
material benefit to the adjudication process;
``(iii) unless the Secretary of State, after a review of
all standard database and biometric checks, the visa
application, and other supporting documents, determines that
an interview is unlikely to reveal derogatory information;
and
``(iv) except that in every case, the Secretary of State
retains the right to require an applicant to appear for an
interview; and''.
SEC. 4104. STEM EDUCATION AND TRAINING.
(a) Fee.--Section 212(a)(5)(A) (8 U.S.C. 1182(a)(5)(A)) is
amended by adding at the end the following:
``(v) Fee.--An employer shall submit, along with an
application for a certification under this subparagraph, a
fee of $1,000, which shall be deposited in the STEM Education
and Training Account established under section 286(w).''.
(b) H-1B Nonimmigrant Petitioner Account.--Section 286(s)
(8 U.S.C. 1356(s)) is amended by striking paragraphs (3) and
(4) and inserting the following:
``(3) Low-income stem scholarship program.--
``(A) In general.--Thirty percent of the amounts deposited
into the H-1B Nonimmigrant Petitioner Account shall remain
available to the Director of the National Science Foundation
until expended for scholarships described in section 414(d)
of the American Competitiveness and Workforce Improvement Act
of 1998 (42 U.S.C. 1869c) for low-income students enrolled in
a program
[[Page S5445]]
of study leading to a degree in science, technology,
engineering, or mathematics.
``(B) Stem education for underrepresented.--The Director
shall work in consultation with, or direct scholarship funds
through, national nonprofit organizations that primarily
focus on science, technology, engineering, or mathematics
education for underrepresented groups, such as women and
minorities.
``(C) Loan forgiveness.--The Director may expend funds from
the Account for purposes of loan forgiveness or repayment of
student loans which led to a low-income student obtaining a
degree in science, technology, engineering, mathematics, or
other high demand fields.
``(4) National science foundation grant program for k-12
science, technology, engineering, and mathematics
education.--
``(A) In general.--Ten percent of the amounts deposited
into the H-1B Nonimmigrant Petitioner Account shall remain
available to the Director of the National Science Foundation
until expended to carry out a direct or matching grant
program to support improvement in K-12 education, including
through private-public partnerships. Grants awarded pursuant
to this paragraph shall include formula based grants that
target lower income populations with a focus on reaching
women and minorities.
``(B) Types of programs covered.--The Director shall award
grants to programs that--
``(i) support the development and implementation of
standards-based instructional materials models and related
student assessments that enable K-12 students to acquire an
understanding of science, technology, engineering, and
mathematics, and to develop critical thinking skills;
``(ii) provide systemic improvement in training K-12
teachers and education for students in science, technology,
engineering, and mathematics, including by supporting efforts
to promote gender-equality among students receiving such
instruction;
``(iii) support the professional development of K-12
science, technology, engineering, and mathematics teachers in
the use of technology in the classroom;
``(iv) stimulate systemwide K-12 reform of science,
technology, engineering, and mathematics in urban, rural, and
economically disadvantaged regions of the United States;
``(v) provide externships and other opportunities for
students to increase their appreciation and understanding of
science, technology, engineering, and mathematics (including
summer institutes sponsored by an institution of higher
education for students in grades 7 through 12 that provide
instruction in such fields);
``(vi) involve partnerships of industry, educational
institutions, and national or regional community based
organizations with demonstrated experience addressing the
educational needs of disadvantaged communities;
``(vii) provide college preparatory support to expose and
prepare students for careers in science, technology,
engineering, and mathematics; or
``(viii) provide for carrying out systemic reform
activities under section 3(a)(1) of the National Science
Foundation Act of 1950 (42 U.S.C. 1862(a)(1)).''.
(c) Use of Fee.--Section 286 (8 U.S.C. 1356) is amended by
adding at the end the following:
``(w) STEM Education and Training Account.--
``(1) In general.--There is established in the general fund
of the Treasury a separate account, which shall be known as
the `STEM Education and Training Account'. Notwithstanding
any other section of this title, there shall be deposited as
offsetting receipts into the Account all of the fees
collected under section 212(a)(5)(A)(v).
``(2) Purposes.--
``(A) In general.--The purposes of the STEM Education and
Training Account are to enhance the economic competitiveness
of the United States by--
``(i) strengthening STEM education, including in computer
science, at all levels;
``(ii) ensuring that schools have access to well-trained
and effective STEM teachers;
``(iii) supporting efforts to strengthen the elementary and
secondary curriculum, including efforts to make courses in
computer science more broadly available; and
``(iv) helping colleges and universities produce more
graduates in fields needed by American employers.
``(B) Defined term.--In this paragraph, the term `STEM
education' means instruction in a field of science,
technology, engineering or math included in the Department of
Education's Classification of Instructional Programs taxonomy
within the summary groups of computer and information
sciences and support services, engineering, mathematics and
statistics, biological and biomedical sciences, and physical
sciences.
``(3) Allocations to states and territories.--
``(A) In general.--Subject to subparagraph (B), the
Secretary of Education shall proportionately allocate 70
percent of the amounts deposited into the STEM Education and
Training Account each fiscal year to the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, Guam,
the United States Virgin Islands, American Samoa, and the
Northern Mariana Islands in an amount that bears the same
relationship as the proportion the State, district, or
territory received under subpart 2 of part A of title I of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6331 et seq.) for the preceding fiscal year bears to the
amount all States and territories received under that subpart
for the preceding fiscal year.
``(B) Minimum allocations.--No State or territory shall
receive less than an amount equal to 0.5 percent of the total
amount made available to all States from the STEM Education
and Training Account. If a State or territory does not
request an allocation from the Account for a fiscal year, the
Secretary shall reallocate the State's allocation to the
remaining States and territories in accordance with this
paragraph.
``(C) Use of funds.--Amounts allocated pursuant to this
paragraph may be used for the activities described in section
4104(c) of the Border Security, Economic Opportunity, and
Immigration Modernization Act.
``(4) Stem capacity building at minority-serving
institutions.--
``(A) In general.--The Secretary of Education shall
allocate 20 percent of the amounts deposited into the STEM
Education and Training Account to establish or expand
programs to award grants to institutions described in
subparagraph (C)--
``(i) to enhance the quality of undergraduate science,
technology, engineering, and mathematics education at such
institutions; and
``(ii) to increase the retention and graduation rates of
students pursuing degrees in such fields at such
institutions.
``(B) Types of programs covered.--Grants awarded under this
paragraph shall be awarded to--
``(i) minority-serving institutions of higher education
for--
``(I) activities to improve courses and curriculum in
science, technology, engineering, and mathematics;
``(II) efforts to promote gender equality among students
enrolled in such courses;
``(III) faculty development;
``(IV) stipends for undergraduate students participating in
research; and
``(V) other activities consistent with subparagraph (A), as
determined by the Secretary of Education; and
``(ii) to other institutions of higher education to partner
with the institutions described in clause (i) for--
``(I) faculty and student development and exchange;
``(II) research infrastructure development;
``(III) joint research projects; and
``(IV) identification and development of minority and low-
income candidates for graduate studies in science,
technology, engineering, and mathematics degree programs.
``(C) Institutions included.--In this paragraph, the term
`institutions' shall include--
``(i) colleges eligible to receive funds under the Act of
August 30, 1890 (7 U.S.C. 321-326a and 328), including
Tuskegee University;
``(ii) 1994 Institutions, as defined in section 532 of the
Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C.
301 note);
``(iii) part B institutions (as defined in section 322 of
the Higher Education Act of 1965 (20 U.S.C. 1061)); and
``(iv) Hispanic-serving institutions, as defined in section
502(a)(5) of the Higher Education Act of 1965 (20 U.S.C.
1101a(a)(5)).
``(D) Granting of bonding authority.--A recipient of a
grant awarded under this paragraph is authorized to utilize
such funds for the issuance of bonds to fund research
infrastructure development.
``(E) Loan forgiveness.--The Director may expend funds from
the allocation under this paragraph for purposes of loan
forgiveness or repayment of student loans which led to a low-
income student obtaining a degree in science, technology,
engineering, mathematics, or other high demand fields.
``(5) Workforce investment.--The Secretary of Education
shall allocate 5 percent of the amounts deposited into the
STEM Education and Training Account to the Secretary of Labor
until expended for statewide workforce investment activities
that may also benefit veterans and their spouses, including
youth activities and statewide employment and training and
activities for adults and dislocated workers described in
section 128(a) of the Workforce Investment Act of 1998 (29
U.S.C. 2853(a)), and the development of licensing and
credentialing programs.
``(6) American dream accounts.--The Secretary of Education
shall allocate 3 percent of the amounts deposited into the
STEM Education and Training Account to award grants, on a
competitive basis, to eligible entities to enable such
eligible entities to establish and administer American Dream
Accounts under section 4104(e) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996.
``(7) Administration expenses.--The Secretary of Education
may expend up to 2 percent of the amounts deposited into the
STEM Education and Training Account for administrative
expenses, including conducting an annual evaluation of the
implementation and impact of the activities funded by the
STEM Education and Training Account as required under section
4104(c)(3) of the Border Security, Economic Opportunity, and
Immigration Modernization Act.''.
(d) STEM Education Grants.--
(1) Application process.--
(A) In general.--Each Governor and Chief State School
Officer desiring an allocation from the STEM Education and
Training Account under section 286(w)(3) of the Immigration
and Nationality Act, as added by subsection (b), shall
jointly submit a plan, including a proposed budget, signed by
the
[[Page S5446]]
Governor and Chief State School Officer, to the Secretary of
Education at such time, in such form, and including such
information as the Secretary of Education may prescribe
pursuant to subparagraph (B). The plan shall describe how the
State plans to improve STEM education to meet the needs of
students and employers in the State.
(B) Rulemaking.--The Secretary of Education shall issue a
rule, through a rulemaking procedure that complies with
section 553 of title 5, United States Code, prescribing the
information that should be included in the State plans
submitted under subparagraph (A).
(2) Allowable activities.--A State, district, or territory
that receives funding from the STEM Education and Training
Account may use such funding to develop and implement
science, technology, engineering, and mathematics (STEM)
activities to serve students, including students of
underrepresented groups such as minorities, economically
disadvantaged, and females by--
(A) strengthening the State's STEM academic achievement
standards;
(B) implementing strategies for the recruitment, training,
placement, and retention of teachers in STEM fields,
including computer science;
(C) carrying out initiatives designed to assist students in
succeeding and graduating from postsecondary STEM programs;
(D) improving the availability and access to STEM-related
worker training programs, including community college courses
and programs;
(E) forming partnerships with higher education, economic
development, workforce, industry, and local educational
agencies; or
(F) engaging in other activities, as determined by the
State, in consultation with businesses and State agencies, to
improve STEM education.
(3) National evaluation.--
(A) In general.--Using amounts allocated under section
286(w)(7) of the Immigration and Nationality Act, as added by
subsection (b), the Secretary of Education shall conduct,
directly or through a grant or contract, an annual evaluation
of the implementation and impact of the activities funded by
the STEM Education and Training Account.
(B) Annual report.--The Secretary shall submit a report
describing the results of each evaluation conducted under
subparagraph (A) to--
(i) the President;
(ii) the Committee on the Judiciary of the Senate;
(iii) the Committee on the Judiciary of the House of
Representatives;
(iv) the Committee on Health, Education, Labor, and
Pensions of the Senate; and
(v) the Committee on Education and the Workforce of the
House of Representatives.
(C) Dissemination.--The Secretary shall make the findings
of the evaluation widely available to educators, the business
community, and the public.
(4) Rule of construction.--Nothing in this subsection may
be construed to permit the Secretary of Education or any
other Federal official to approve the content or academic
achievement standards of a State.
(e) American Dream Accounts.--
(1) Definitions.--In this subsection:
(A) American dream account.--The term ``American Dream
Account'' means a personal online account for low-income
students that monitors higher education readiness and
includes a college savings account.
(B) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(i) the Committee on Health, Education, Labor, and Pensions
of the Senate;
(ii) the Committee on Appropriations of the Senate;
(iii) the Committee on Finance of the Senate;
(iv) the Committee on Education and the Workforce of the
House of Representatives;
(v) the Committee on Appropriations of the House of
Representatives;
(vi) the Committee on Ways and Means of the House of
Representatives; and
(vii) any other committee of the Senate or House of
Representatives that the Secretary determines appropriate.
(C) College savings account.--The term ``college savings
account'' means a savings account that--
(i) provides some tax-preferred accumulation;
(ii) is widely available (such as Qualified Tuition
Programs under section 529 of the Internal Revenue Code of
1986 or Coverdell Education Savings Accounts under section
530 of the Internal Revenue Code of 1986); and
(iii) contains funds that may be used only for the costs
associated with attending an institution of higher education,
including--
(I) tuition and fees;
(II) room and board;
(III) textbooks;
(IV) supplies and equipment; and
(V) internet access.
(D) Dual enrollment program.--The term ``dual enrollment
program'' means an academic program through which a secondary
school student is able simultaneously to earn credit toward a
secondary school diploma and a postsecondary degree or
credential.
(E) Eligible entity.--The term ``eligible entity'' means--
(i) a State educational agency;
(ii) a local educational agency;
(iii) a charter school or charter management organization;
(iv) an institution of higher education;
(v) a nonprofit organization;
(vi) an entity with demonstrated experience in educational
savings or in assisting low-income students to prepare for,
and attend, an institution of higher education; or
(vii) a consortium of 2 or more of the entities described
in clause (i) through (vi).
(F) ESEA definitions.--The terms ``local educational
agency'', ``parent'', and ``State educational agency'' have
the meanings given the terms in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801) and the term ``charter school'' has the meaning given
the term in section 5210 of such Act.
(G) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)).
(H) Low-income student.--The term ``low-income student''
means a student who is eligible to receive a free or reduced
price lunch under the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.).
(2) Grant program.--
(A) Program authorized.--The Secretary of Education is
authorized to award grants, on a competitive basis, to
eligible entities to enable such eligible entities to
establish and administer American Dream Accounts for a group
of low-income students.
(B) Reservation.--From the amount made available each
fiscal year to carry out this section under section 286(w)(6)
of the Immigration and Nationality Act, the Secretary of
Education shall reserve not more than 5 percent of such
amount to carry out the evaluation activities described in
paragraph (5)(A).
(C) Duration.--A grant awarded under this subsection shall
be for a period of not more than 3 years. The Secretary of
Education may extend such grant for an additional 2-year
period if the Secretary of Education determines that the
eligible entity has demonstrated significant progress, based
on the factors described in paragraph (3)(B)(xi).
(3) Applications; priority.--
(A) In general.--Each eligible entity desiring a grant
under this subsection shall submit an application to the
Secretary of Education at such time, in such manner, and
containing such information as the Secretary of Education may
require.
(B) Contents.--The application described in subparagraph
(A) shall include--
(i) a description of the characteristics of a group of not
less than 30 low-income public school students who--
(I) are, at the time of the application, attending a grade
not higher than grade 9; and
(II) will, under the grant, receive an American Dream
Account;
(ii) a description of how the eligible entity will engage,
and provide support (such as tutoring and mentoring for
students, and training for teachers and other stakeholders)
either online or in person, to--
(I) the students in the group described in clause (i);
(II) the family members and teachers of such students; and
(III) other stakeholders such as school administrators and
school counselors;
(iii) an identification of partners who will assist the
eligible entity in establishing and sustaining American Dream
Accounts;
(iv) a description of what experience the eligible entity
or the eligible entity's partners have in managing college
savings accounts, preparing low-income students for
postsecondary education, managing online systems, and
teaching financial literacy;
(v) a description of how the eligible entity will help
increase the value of the college savings account portion of
each American Dream Account, such as by providing matching
funds or incentives for academic achievement;
(vi) a description of how the eligible entity will notify
each participating student in the group described in
subparagraph (A), on a semiannual basis, of the current
balance and status of the student's college savings account
portion of the student's American Dream Account;
(vii) a plan that describes how the eligible entity will
monitor participating students in the group described in
clause (i) to ensure that each student's American Dream
Account will be maintained if a student in such group changes
schools before graduating from secondary school;
(viii) a plan that describes how the American Dream
Accounts will be managed for not less than 1 year after a
majority of the students in the group described in clause (i)
graduate from secondary school;
(ix) a description of how the eligible entity will
encourage students in the group described in clause (i) who
fail to graduate from secondary school to continue their
education;
(x) a description of how the eligible entity will evaluate
the grant program, including by collecting, as applicable,
data about the students in the group described in clause (i)
during the grant period, and, if sufficient grant funds are
available, after the grant period, including
(I) attendance rates;
(II) progress reports;
(III) grades and course selections;
(IV) the student graduation rate (as defined in section
1111 (b)(2)(C)(vi) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi)));
[[Page S5447]]
(V) rates of student completion of the Free Application for
Federal Student Aid described in section 483 of the Higher
Education Act of 1965 (20 U.S.C. 1090);
(VI) rates of enrollment in an institution of higher
education; and
(VII) rates of completion at an institution of higher
education;
(xi) a description of what will happen to the funds in the
college savings account portion of the American Dream
Accounts that are dedicated to participating students
described in clause (i) who have not matriculated at an
institution of higher education at the time of the conclusion
of the period of American Dream Account management described
in clause (viii);
(xii) a description of how the eligible entity will ensure
that funds in the college savings account portion of the
American Dream Accounts will not make families ineligible for
public assistance; and
(xiii) a description of how the eligible entity will ensure
that participating students described in clause (i) will have
access to the Internet;
(C) Priority.--In awarding grants under this subsection,
the Secretary of Education shall give priority to
applications from eligible entities that--
(i) are described in paragraph (1)(E)(vii);
(ii) serve the largest number of low-income students;
(iii) emphasize preparing students to pursue careers in
science, technology, engineering, or mathematics; or
(iv) in the case of an eligible entity described in clause
(i) or (ii) of paragraph (1)(E), provide opportunities for
participating students described in clause (i) to participate
in a dual enrollment program at no cost to the student.
(4) Authorized activities.--
(A) In general.--An eligible entity that receives a grant
under this subsection shall use such grant funds to establish
an American Dream Account for each participating student
described in paragraph (3)(B)(i), which will be used to--
(i) open a college savings account for such student;
(ii) monitor the progress of such student online, which--
(I) shall include monitoring student data relating to--
(aa) grades and course selections;
(bb) progress reports; and
(cc) attendance and disciplinary records; and
(II) may also include monitoring student data relating to a
broad range of information, provided by teachers and family
members, related to postsecondary education readiness,
access, and completion;
(iii) provide opportunities for such students, either
online or in person, to learn about financial literacy,
including by--
(I) assisting such students in financial planning for
enrollment in an institution of higher education; and
(II) assisting such students in identifying and applying
for financial aid (such as loans, grants, and scholarships)
for an institution of higher education;
(iv) provide opportunities for such students, either online
or in person, to learn about preparing for enrollment in an
institution of higher education, including by providing
instruction to students about--
(I) choosing the appropriate courses to prepare for
postsecondary education;
(II) applying to an institution of higher education;
(III) building a student portfolio, which may be used when
applying to an institution of higher education;
(IV) selecting an institution of higher education;
(V) choosing a major for the student's postsecondary
program of education or a career path, including specific
instruction on pursuing science, technology, engineering, and
mathematics majors; and
(VI) adapting to life at an institution of higher
education; and
(v) provide opportunities for such students, either online
or in person, to identify skills or interests, including
career interests.
(B) Access to american dream account.--
(i) In general.--Subject to clause (iii) and (iv), and in
accordance with applicable Federal laws and regulations
relating to privacy of information and the privacy of
children, an eligible entity that receives a grant under this
subsection shall allow vested stakeholders described in
clause (ii), to have secure access, through the Internet, to
an American Dream Account.
(ii) Vested stakeholders.--The vested stakeholders that an
eligible entity shall permit to access an American Dream
Account are individuals (such as the student's teachers,
school counselors, counselors at an institution of higher
education, school administrators, or other individuals) that
are designated, in accordance with the Family Educational
Rights and Privacy Act of 1974 (20 U.S.C. 1232g), by the
parent of a participating student in whose name such American
Dream Account is held, as having permission to access the
account. A student's parent may withdraw such designation
from an individual at any time.
(iii) Exception for college savings account.--An eligible
entity that receives a grant under this subsection shall not
be required to give vested stakeholders described in clause
(ii), access to the college savings account portion of a
student's American Dream Account.
(iv) Adult students.--Notwithstanding clause (i) through
(iii), if a participating student is age 18 or older, an
eligible entity that receives a grant under this subsection
shall not provide access to such participating student's
American Dream Account without the student's consent, in
accordance with the Family Educational Rights and Privacy Act
of 1974 (20 U.S.C. 1232g).
(v) Input of student information.--Student data collected
pursuant to subparagraph (A)(ii)(I) may only be entered into
an American Dream Account by a school administrator or such
administrator's designee.
(C) Prohibition on use of student information.--An eligible
entity that receives a grant under this subsection may not
use any student-level information or data for the purpose of
soliciting, advertising, or marketing any financial or
nonfinancial consumer product or service that is offered by
such eligible entity, or on behalf of any other person.
(D) Limitation on the use of grant funds.--An eligible
entity shall not use more than 25 percent of the grant funds
provided under this subsection to provide the initial deposit
into a college savings account portion of a student's
American Dream Account.
(5) Reports and evaluations.--
(A) In general.--Not later than 1 year after the Secretary
of Education has disbursed grants under this subsection, and
annually thereafter, the Secretary of Education shall prepare
and submit a report to the appropriate committees of Congress
that includes an evaluation of the effectiveness of the grant
program established under this subsection.
(B) Contents.--The report described in subparagraph (A)
shall--
(i) list the grants that have been awarded under paragraph
(2)(A);
(ii) include the number of students who have an American
Dream Account established through a grant awarded under
paragraph (2)(A);
(iii) provide data (including the interest accrued on
college savings accounts that are part of an American Dream
Account) in the aggregate, regarding students who have an
American Dream Account established through a grant awarded
under paragraph (2)(A), as compared to similarly situated
students who do not have an American Dream Account;
(iv) identify best practices developed by the eligible
entities receiving grants under this subsection;
(v) identify any issues related to student privacy and
stakeholder accessibility to American Dream Accounts;
(vi) provide feedback from participating students and the
parents of such students about the grant program, including--
(I) the impact of the program;
(II) aspects of the program that are successful;
(III) aspects of the program that are not successful; and
(IV) any other data required by the Secretary of Education;
and
(vii) provide recommendations for expanding the American
Dream Accounts program.
(6) Eligibility to receive federal student financial aid.--
Notwithstanding any other provision of law, any funds that
are in the college savings account portion of a student's
American Dream Account shall not affect such student's
eligibility to receive Federal student financial aid,
including any Federal student financial aid under the Higher
Education Act of 1965 (20 U.S.C. 1001), and shall not be
considered in determining the amount of any such Federal
student aid.
(f) Conforming Amendment.--Section 480(j) of the Higher
Education Act of 1965 (20 U.S.C. 1087vv(j)) is amended by
adding at the end the following:
``(5) Notwithstanding paragraph (1), amounts made available
under the college savings account portion of an American
Dream Account under section 4105(e)(4) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
shall not be treated as estimated financial assistance for
purposes of section 471(3).''.
SEC. 4105. H-1B AND L VISA FEES.
Section 281 (8 U.S.C. 1351) is amended--
(1) by striking ``The fees'' and inserting the following:
``(a) In General.--The fees'';
(2) by striking ``: Provided, That nonimmigrant visas'' and
inserting the following: ``.
``(b) United Nations Visitors.--Nonimmigrant visas'';
(3) by striking ``Subject to'' and inserting the following:
``(c) Fee Waivers or Reductions.--Subject to''; and
(4) by adding at the end the following:
``(d) H-1B and L Visa Fees.--In addition to the fees
authorized under subsection (a), the Secretary of Homeland
Security shall collect, from each employer (except for
nonprofit research institutions and nonprofit educational
institutions) filing a petition to hire nonimmigrants
described in subparagraph (H)(i)(B) or (L) of section
101(a)(15), a fee in an amount equal to--
``(1) $1,250 for each such petition filed by any employer
with not more than 25 full-time equivalent employees in the
United States; and
``(2) $2,500 for each such petition filed by any employer
with more than 25 such employees.''.
[[Page S5448]]
Subtitle B--H-1B Visa Fraud and Abuse Protections
CHAPTER 1--H-1B EMPLOYER APPLICATION REQUIREMENTS
SEC. 4211. MODIFICATION OF APPLICATION REQUIREMENTS.
(a) General Application Requirements.--
(1) Wage rates.--Section 212(n)(1)(A) (8 U.S.C.
1182(n)(1)(A)) is amended--
(A) in clause (i)--
(i) in the matter preceding subclause (I), by inserting
``if the employer is not an H-1B-dependent employer,'' before
``is offering'';
(ii) in subclause (I), by striking ``question, or'' and
inserting ``question; or'';
(iii) in subclause (II), by striking ``employment,'' and
inserting ``employment;'' and
(iv) in the undesignated material following subclause (II),
by striking ``application, and'' and inserting
``application;''; and
(B) by striking clause (ii) and inserting the following:
``(ii) if the employer is an H-1B-dependent employer, is
offering and will offer to H-1B nonimmigrants, during the
period of authorized employment for each H-1B nonimmigrant,
wages that are not less than the level 2 wages set out in
subsection (p); and
``(iii) will provide working conditions for H-1B
nonimmigrants that will not adversely affect the working
conditions of other workers similarly employed.''.
(2) Strengthening the prevailing wage system.--Section
212(p) (8 U.S.C. 1182(p)) is amended to read as follows:
``(p) Computation of Prevailing Wage Level.--
``(1) In general.--
``(A) Surveys.--For employers of nonimmigrants admitted
pursuant to section 101(a)(15)(H)(i)(b), the Secretary of
Labor shall make available to employers a governmental survey
to determine the prevailing wage for each occupational
classification by metropolitan statistical area in the United
States. Such survey, or other survey approved by the
Secretary of Labor, shall provide 3 levels of wages
commensurate with experience, education, and level of
supervision. Such wage levels shall be determined as follows:
``(i) The first level shall be the mean of the lowest two-
thirds of wages surveyed, but in no case less than 80 percent
of the mean of the wages surveyed.
``(ii) The second level shall be the mean of wages
surveyed.
``(iii) The third level shall be the mean of the highest
two-thirds of wages surveyed.
``(B) Educational, nonprofit, research, and governmental
entities.--In computing the prevailing wage level for an
occupational classification in an area of employment for
purposes of section 203(b)(1)(D) and subsections (a)(5)(A),
(n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) of this section in the
case of an employee of--
``(i) an institution of higher education, or a related or
affiliated nonprofit entity; or
``(ii) a nonprofit research organization or a governmental
research organization;
the prevailing wage level shall only take into account
employees at such institutions and organizations in the area
of employment.
``(2) Payment of prevailing wage.--The prevailing wage
level required to be paid pursuant to section 203(b)(1)(D)
and subsections (a)(5)(A), (n)(1)(A)(i)(II), and
(t)(1)(A)(i)(II) of this section shall be 100 percent of the
wage level determined pursuant to those sections.
``(3) Professional athlete.--With respect to a professional
athlete (as defined in subsection (a)(5)(A)(iii)(II)) when
the job opportunity is covered by professional sports league
rules or regulations, the wage set forth in those rules or
regulations shall be considered as not adversely affecting
the wages of United States workers similarly employed and
shall be considered the prevailing wage.
``(4) Wages for h-2b employees.--
``(A) In general.--The wages paid to H-2B nonimmigrants
employed by the employer will be the greater of--
``(i) the actual wage level paid by the employer to other
employees with similar experience and qualifications for such
position; or
``(ii) the prevailing wage level for the occupational
classification of the position in the geographic area of the
employment, based on the best information available as of the
time of filing the application.
``(B) Best information available.--In subparagraph (A), the
term `best information available', with respect to
determining the prevailing wage for a position, means--
``(i) a controlling collective bargaining agreement or
Federal contract wage, if applicable;
``(ii) if there is no applicable wage under clause (i), the
wage level commensurate with the experience, training, and
supervision required for the job based on Bureau of Labor
Statistics data; or
``(iii) if the data referred to in clause (ii) is not
available, a legitimate and recent private survey of the
wages paid for such positions in the metropolitan statistical
area.''.
(3) Wages for educational, nonprofit, research, and
governmental entities.--Section 212 (8 U.S.C. 1182), as
amended by sections 2312 and 2313, is further amended by
adding at the end the following:
``(x) Determination of Prevailing Wage.--In the case of a
nonprofit institution of higher education (as defined in
section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a))), a related or affiliated nonprofit entity, a
nonprofit research organization, or a governmental research
organization, the Secretary of Labor shall determine such
wage levels as follows:
``(1) If the Secretary of Labor uses, or makes available to
employers, a governmental survey to determine the prevailing
wage, such survey shall provide at least 4 levels of wages
commensurate with experience, education, and the level of
supervision.
``(2) If an existing government survey has only 2 levels, 2
intermediate levels may be created by dividing by 3, the
difference between the 2 levels offered, adding the quotient
thus obtained to the first level and subtracting that
quotient from the second level.
``(3) For institutions of higher education, only teaching
positions and research positions may be paid using this
special educational wage level.
``(4) In computing the prevailing wage level for an
occupational classification in an area of employment for
purposes of subsections (a)(5)(A), (n)(1)(A)(i)(II), and
(t)(1)(A)(i)(II) and section 203(b)(1)(D) for an employee of
an institution of higher education, or a related or
affiliated nonprofit entity or a nonprofit research
organization or a governmental research organization, the
prevailing wage level shall only take into account employees
at such institutions and organizations in the area of
employment.''.
(b) Internet Posting Requirement.--Section 212(n)(1)(C) (8
U.S.C. 1182(n)(1)(C)) is amended--
(1) by redesignating clause (ii) as subclause (II);
(2) by striking ``(i) has provided'' and inserting the
following:
``(ii)(I) has provided'';
(3) by striking ``sought, or'' and inserting ``sought;
or''; and
(4) by inserting before clause (ii), as redesignated by
paragraph (2), the following:
``(i) has advertised on the Internet website maintained by
the Secretary of Labor for the purpose of such advertising,
for at least 30 calendar days, a detailed description of each
position for which a nonimmigrant is sought that includes a
description of--
``(I) the wage ranges and other terms and conditions of
employment;
``(II) the minimum education, training, experience, and
other requirements for the position;
``(III) the process for applying for the position;
``(IV) the title and description of the position, including
the location where the work will be performed; and
``(V) the name, city, and zip code of the employer; and''.
(c) Application of Requirements to All Employers.--
(1) Nondisplacement.--Section 212(n)(1)(E) (8 U.S.C.
1182(n)(1)(E)) is amended to read as follows:
``(E)(i)(I) In the case of an application filed by an
employer that is an H-1B skilled worker dependent employer,
and is not an H-1B dependent employer, the employer did not
displace and will not displace a United States worker
employed by the employer during the period beginning 90 days
before the date on which a visa petition supported by the
application is filed and ending 90 days after such filing.
``(II) An employer that is not an H-1B skilled worker
dependent employer shall not be subject to subclause (I)
unless--
``(aa) the employer is filing the H-1B petition with the
intent or purpose of displacing a specific United States
worker from the position to be occupied by the beneficiary of
the petition; or
``(bb) workers are displaced who--
``(AA) provide services, in whole or in part, at 1 or more
worksites owned, operated, or controlled by a Federal, State,
or local government entity, other than a public institution
of higher education, that directs and controls the work of
the H-1B worker; or
``(BB) are employed as public school kindergarten,
elementary, middle school, or secondary school teachers.
``(ii)(I) In the case of an application filed by an H-1B-
dependent employer, the employer did not displace and will
not displace a United States worker employed by the employer
within the period beginning 180 days before the date on which
a visa petition supported by the application is filed and
ending 180 days after such filing.
``(II) An application described in this clause is an
application filed on or after the date final regulations are
first promulgated to carry out this subparagraph, and before
by an H-1B-dependent employer (as defined in paragraph (3))
or by an employer that has been found, on or after the date
of the enactment of the American Competitiveness and
Workforce Improvement Act of 1998, under paragraph (2)(C) or
(5) to have committed a willful failure or misrepresentation
during the 5-year period preceding the filing of the
application.
``(iii) In this subparagraph, the term `job zone' means a
zone assigned to an occupation by--
``(I) the Occupational Information Network Database (O*NET)
on the date of the enactment of this Act; or
``(II) such database or a similar successor database, as
designated by the Secretary of Labor, after the date of the
enactment of Border Security, Economic Opportunity, and
Immigration Modernization Act.''.
(2) Recruitment.--Section 212(n)(1)(G) (8 U.S.C.
1182(n)(1)(G)) is amended to read as follows:
``(G) An employer, prior to filing the application--
[[Page S5449]]
``(i) has taken good faith steps to recruit United States
workers for the occupational classification for which the
nonimmigrant or nonimmigrants is or are sought, using
procedures that meet industry-wide standards and offering
compensation that is at least as great as that required to be
offered to H-1B nonimmigrants under subparagraph (A);
``(ii) has advertised the job on an Internet website
maintained by the Secretary of Labor for the purpose of such
advertising; and
``(iii) if the employer is an H-1B skilled worker dependent
employer, has offered the job to any United States worker who
applies and is equally or better qualified for the job for
which the nonimmigrant or nonimmigrants is or are sought.''.
(d) Outplacement.--Section 212(n)(1)(F) (8 U.S.C.
1182(n)(1)(F)) is amended to read as follows:
``(F)(i) An H-1B-dependent employer may not place,
outsource, lease, or otherwise contract for the services or
placement of an H-1B nonimmigrant employee.
``(ii) An employer that is not an H-1B-dependent employer
and not described in paragraph (3)(A)(i) may not place,
outsource, lease, or otherwise contract for the services or
placement of an H-1B nonimmigrant employee unless the
employer pays a fee of $500 per outplaced worker.
``(iii) A fee collected under clause (ii) shall be
deposited in the Comprehensive Immigration Reform Trust Fund
established under section 6 of the Border Security, Economic
Opportunity, and Immigration Modernization Act.
``(iv) An H-1B dependent employer shall be exempt from the
prohibition on outplacement under clause (i) if the employer
is a nonprofit institution of higher education, a nonprofit
research organization, or primarily a health care business
and is petitioning for a physician, a nurse, or a physical
therapist or a substantially equivalent health care
occupation. Such employer shall be subject to the fee set
forth in clause (ii).''.
(e) H-1B-dependent Employer Defined.--Section 212(n)(3) (8
U.S.C. 1182(n)(3)) is amended to read as follows:
``(3)(A) The term `H-1B-dependent employer' means an
employer (other than nonprofit education and research
institutions) that--
``(i) in the case of an employer that has 25 or fewer full-
time equivalent employees who are employed in the United
States, employs more than 7 H-1B nonimmigrants;
``(ii) in the case of an employer that has at least 26 but
not more than 50 full-time equivalent employees who are
employed in the United States, employs more than 12 H-1B
nonimmigrants; or
``(iii) in the case of an employer that has at least 51
full-time equivalent employees who are employed in the United
States, employs H-1B nonimmigrants in a number that is equal
to at least 15 percent of the number of such full-time
equivalent employees.
``(B) In determining the number of employees who are H-1B
nonimmigrants under subparagraph (A)(ii), an intending
immigrant employee shall not count toward such number.''.
(f) H-1B Skilled Worker Dependent Defined.--Section
212(n)(3) (8 U.S.C. 1182(n)(3)) is amended--
(1) by redesignating subparagraph (B) as subparagraph (D);
and
(2) by inserting after subparagraph (A) the following:
``(B)(i) For purposes of this subsection, an `H-1B skilled
worker dependent employer' means an employer (other than
nonprofit education and research institutions) that employs
H-1B nonimmigrants in the United States in a number that in
total is equal to at least 15 percent of the number of its
full-time equivalent employees in the United States employed
in occupations contained within Occupational Information
Network Database (O*NET) Job Zone 4 and Job Zone 5.
``(ii) An H-1B nonimmigrant who is an intending immigrant
shall be counted as a United States worker in making a
determination under clause (i).''.
(g) Intending Immigrants Defined.--Section 101(a) (8 U.S.C.
1101(a)), as amended by section 3504(a), is further amended
by adding at the end the following:
``(54)(A) The term `intending immigrant' means, with
respect to the number of aliens employed by an employer, an
alien who intends to work and reside permanently in the
United States, as evidenced by--
``(i) a pending or approved application for a labor
certification filed for such alien by a covered employer; or
``(ii) a pending or approved immigrant status petition
filed for such alien by a covered employer.
``(B) In this paragraph:
``(i) The term `covered employer' means an employer that
has filed immigrant status petitions for not less than 90
percent of current employees who were the beneficiaries of
applications for labor certification that were approved
during the 1-year period ending 6 months before the filing of
an application or petition for which the number of intending
immigrants is relevant.
``(ii) The term `immigrant status petition' means a
petition filed under paragraph (1), (2), or (3) of section
203(b).
``(iii) The term `labor certification' means an employment
certification under section 212(a)(5)(A).
``(C) Notwithstanding any other provision of law--
``(i) for all calculations under this Act, of the number of
aliens admitted pursuant to subparagraph (H)(i)(b) or (L) of
paragraph (15), an intending immigrant shall be counted as an
alien lawfully admitted for permanent residence and shall not
be counted as an employee admitted pursuant to such a
subparagraph; and
``(ii) for all determinations of the number of employees or
United States workers employed by an employer, all of the
employees in any group treated as a single employer under
subsection (b), (c), (m), or (o) of section 414 of the
Internal Revenue Code of 1986 shall be counted.''.
SEC. 4212. REQUIREMENTS FOR ADMISSION OF NONIMMIGRANT NURSES
IN HEALTH PROFESSIONAL SHORTAGE AREAS.
(a) Extension of Period of Authorized Admission.--Section
212(m)(3) (8 U.S.C. 1182(m)(3)) is amended to read as
follows:
``(3) The initial period of authorized admission as a
nonimmigrant under section 101(a)(15)(H)(i)(c) shall be 3
years, and may be extended once for an additional 3-year
period.''.
(b) Number of Visas.--Section 212(m)(4) (8 U.S.C.
1182(m)(4)) is amended by striking ``500.'' and inserting
``300.''.
(c) Portability.--Section 214(n) (8 U.S.C. 1184(n)), as
amended by section 4103(b), is further amended by adding at
the end the following:
``(4)(A) A nonimmigrant alien described in subparagraph (B)
who was previously issued a visa or otherwise provided
nonimmigrant status under section 101(a)(15)(H)(i)(c) is
authorized to accept new employment performing services as a
registered nurse for a facility described in section
212(m)(6) upon the filing by the prospective employer of a
new petition on behalf of such nonimmigrant as provided under
subsection (c). Employment authorization shall continue for
such alien until the new petition is adjudicated. If the new
petition is denied, such authorization shall cease.
``(B) A nonimmigrant alien described in this paragraph is a
nonimmigrant alien--
``(i) who has been lawfully admitted into the United
States;
``(ii) on whose behalf an employer has filed a nonfrivolous
petition for new employment before the date of expiration of
the period of stay authorized by the Secretary of Homeland
Security, except that, if a nonimmigrant described in section
101(a)(15)(H)(i)(c) is terminated or laid off by the
nonimmigrant's employer, or otherwise ceases employment with
the employer, such petition for new employment shall be filed
during the 60-day period beginning on the date of such
termination, lay off, or cessation; and
``(iii) who, subsequent to such lawful admission, has not
been employed without authorization in the United States
before the filing of such petition.''.
(d) Applicability.--
(1) In general.--Beginning on the commencement date
described in paragraph (2), the amendments made by section 2
of the Nursing Relief for Disadvantaged Areas Act of 1999
(Public Law 106-95; 113 Stat. 1313), and the amendments made
by this section, shall apply to classification petitions
filed for nonimmigrant status. This period shall be in
addition to the period described in section 2(e) of the
Nursing Relief for Disadvantaged Areas Act of 1999 (8 U.S.C.
1182 note).
(2) Commencement date.--Not later than 60 days after the
date of the enactment of this Act, the Secretary shall
determine whether regulations are necessary to implement the
amendments made by this section. If the Secretary determines
that no such regulations are necessary, the commencement date
described in this paragraph shall be the date of such
determination. If the Secretary determines that regulations
are necessary to implement any amendment made by this
section, the commencement date described in this paragraph
shall be the date on which such regulations (in final form)
take effect.
SEC. 4213. NEW APPLICATION REQUIREMENTS.
Section 212(n)(1) (8 U.S.C. 1182(n)(1)) is amended by
inserting after clause (iii) of subparagraph (G), as amended
by section 4211(c)(2), the following:
``(H)(i) The employer has not advertised any available
position specified in the application in an advertisement
that states or indicates that--
``(I) such position is only available to an individual who
is or will be an H-1B nonimmigrant or an alien participating
in optional practical training pursuant to section
101(a)(15)(F)(i); or
``(II) an individual who is or will be an H-1B nonimmigrant
or participant in such optional practical training shall
receive priority or a preference in the hiring process for
such position.
``(ii) The employer has not solely recruited individuals
who are or who will be H-1B nonimmigrants or participants in
optional practical training pursuant to section
101(a)(15)(F)(i) to fill such position.
``(I)(i) If the employer (other than an educational or
research employer) employs 50 or more employees in the United
States, the sum of the number of such employees who are H-1B
nonimmigrants plus the number of such employees who are
nonimmigrants described in section 101(a)(15)(L) may not
exceed--
``(I) 75 percent of the total number of employees, for
fiscal year 2015;
``(II) 65 percent of the total number of employees, for
fiscal year 2016; and
``(III) 50 percent of the total number of employees, for
each fiscal year after fiscal year 2016.
[[Page S5450]]
``(ii) In this subparagraph:
``(I) The term `educational or research employer' means an
employer that is a nonprofit institution of higher education
or a nonprofit research organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt
from taxation under 501(a) of that Code.
``(II) The term `H-1B nonimmigrant' means an alien admitted
as a nonimmigrant pursuant to section 101(a)(15)(H)(i)(b).
``(III) The term `L nonimmigrant' means an alien admitted
as a nonimmigrant pursuant to section 101(a)(15)(L) to
provide services to his or her employer involving specialized
knowledge.
``(iii) In determining the percentage of employees of an
employer that are H-1B nonimmigrants or L nonimmigrants under
clause (i), an intending immigrant employee shall not count
toward such percentage.
``(J) The employer shall submit to the Secretary of
Homeland Security an annual report that includes the Internal
Revenue Service Form W-2 Wage and Tax Statement filed by the
employer for each H-1B nonimmigrant employed by the employer
during the previous year.''.
SEC. 4214. APPLICATION REVIEW REQUIREMENTS.
(a) Technical Amendment.--Section 212(n)(1) (8 U.S.C.
1182(n)(1)), as amended by section 4213, is further amended
in the undesignated paragraph at the end, by striking ``The
employer'' and inserting the following:
``(K) The employer''.
(b) Application Review Requirements.--Subparagraph (K) of
such section 212(n)(1), as designated by subsection (a), is
amended--
(1) by inserting ``and through the Department of Labor's
website, without charge.'' after ``D.C.'';
(2) by striking ``only for completeness'' and inserting
``for completeness and evidence of fraud or misrepresentation
of material fact,'';
(3) by striking ``or obviously inaccurate'' and inserting
``, presents evidence of fraud or misrepresentation of
material fact, or is obviously inaccurate'';
(4) by striking ``within 7 days of the'' and inserting
``not later than 14 days after''; and
(5) by adding at the end the following: ``If the
Secretary's review of an application identifies evidence of
fraud or misrepresentation of material fact, the Secretary
may conduct an investigation and hearing in accordance with
paragraph (2).''.
(c) Filing of Petition for Nonimmigrant Worker.--Section
212(n)(1) (8 U.S.C. 1182(n)(1)), as amended by section 4213,
is further amended by adding at the end the following:
``(L) An I-129 Petition for Nonimmigrant Worker (or similar
successor form)--
``(i) may be filed by an employer with the Secretary of
Homeland Security prior to the date the employer receives an
approved certification described in section
101(a)(15)(H)(i)(b) from the Secretary of Labor; and
``(ii) may not be approved by the Secretary of Homeland
Security until the date such certification is approved.''.
CHAPTER 2--INVESTIGATION AND DISPOSITION OF COMPLAINTS AGAINST H-1B
EMPLOYERS
SEC. 4221. GENERAL MODIFICATION OF PROCEDURES FOR
INVESTIGATION AND DISPOSITION.
Section 212(n) (8 U.S.C. 1182(n)) is amended--
(1) in paragraph (2)(A)--
(A) by striking ``(A) Subject'' and inserting ``(A)(i)
Subject'';
(B) by inserting after the first sentence the following:
``Such process shall include publicizing a dedicated toll-
free number and publicly available Internet website for the
submission of such complaints.'';
(C) by striking ``12 months'' and inserting ``24 months'';
(D) by striking the last sentence and inserting the
following: ``The Secretary shall issue regulations requiring
that employers that employ H-1B nonimmigrants, other than
nonprofit institutions of higher education and nonprofit
research organizations, through posting of notices or other
appropriate means, inform their employees of such toll-free
number and Internet website and of their right to file
complaints pursuant to this paragraph.''; and
(E) by adding at the end the following:
``(ii)(I) Upon the receipt of such a complaint, the
Secretary may initiate an investigation to determine if such
a failure or misrepresentation has occurred.
``(II) The Secretary may conduct voluntary surveys of the
degree to which employers comply with the requirements of
this subsection.
``(III) The Secretary shall--
``(aa) conduct annual compliance audits of each employer
with more than 100 employees who work in the United States if
more than 15 percent of such employees are H-1B
nonimmigrants; and
``(bb) make available to the public an executive summary or
report describing the general findings of the audits carried
out pursuant to this subclause.''; and
(2) by adding at the end the following new paragraph:
``(6) Report required.--Not later than 1 year after the
date of the enactment of the Border Security, Economic
Opportunity, and Immigration Modernization Act, and every 5
years thereafter, the Inspector General of the Department of
Labor shall submit a report regarding the Secretary's
enforcement of the requirements of this section to the
Committee on the Judiciary and the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on the Judiciary and the Committee on Education and
the Workforce of the House of Representatives.''.
SEC. 4222. INVESTIGATION, WORKING CONDITIONS, AND PENALTIES.
Subparagraph (C) of section 212(n)(2) (8 U.S.C. 1182(n)(2))
is amended--
(1) in clause (i)--
(A) in the matter preceding subclause (I)--
(i) by striking ``a condition of paragraph (1)(B), (1)(E),
or (1)(F)'' and inserting ``a condition under subparagraph
(A), (B), (C)(i), (E), (F), (G), (H), (I), or (J) of
paragraph (1)''; and
(ii) by striking ``(1)(C)'' and inserting ``(1)(C)(ii)'';
(B) in subclause (I)--
(i) by striking ``$1,000'' and inserting ``$2,000''; and
(ii) by striking ``and'' at the end;
(C) in subclause (II), by striking the period at the end
and inserting a semicolon and ``and''; and
(D) by adding at the end the following:
``(III) an employer that violates such subparagraph (A)
shall be liable to any employee harmed by such violations for
lost wages and benefits.''; and
(2) in clause (ii)--
(A) in subclause (I)--
(i) by striking ``may'' and inserting ``shall''; and
(ii) by striking ``$5,000'' and inserting ``$10,000'';
(B) in subclause (II), by striking the period at the end
and inserting a semicolon and ``and''; and
(C) by adding at the end the following:
``(III) an employer that violates such subparagraph (A)
shall be liable to any employee harmed by such violations for
lost wages and benefits.'';
(3) in clause (iii)--
(A) in the matter preceding subclause (I), by striking ``90
days'' both places it appears and inserting ``180 days'';
(B) in subclause (I)--
(i) by striking ``may'' and inserting ``shall''; and
(ii) by striking ``and'' at the end;
(C) in subclause (II), by striking the period at the end
and inserting a semicolon and ``and''; and
(D) by adding at the end the following:
``(III) an employer that violates subparagraph (A) of such
paragraph shall be liable to any employee harmed by such
violations for lost wages and benefits.'';
(4) in clause (iv)--
(A) by inserting ``to take, or threaten to take, a
personnel action, or'' before ``to intimidate'';
(B) by inserting ``(I)'' after ``(iv)''; and
(C) by adding at the end the following:
``(II) An employer that violates this clause shall be
liable to any employee harmed by such violation for lost
wages and benefits.''; and
(5) in clause (vi)--
(A) by amending subclause (I) to read as follows:
``(I) It is a violation of this clause for an employer who
has filed an application under this subsection--
``(aa) to require an H-1B nonimmigrant to pay a penalty for
ceasing employment with the employer prior to a date agreed
to by the nonimmigrant and the employer (the Secretary shall
determine whether a required payment is a penalty, and not
liquidated damages, pursuant to relevant State law); and
``(bb) to fail to offer to an H-1B nonimmigrant, during the
nonimmigrant's period of authorized employment, on the same
basis, and in accordance with the same criteria, as the
employer offers to similarly situated United States workers,
benefits and eligibility for benefits, including--
``(AA) the opportunity to participate in health, life,
disability, and other insurance plans;
``(BB) the opportunity to participate in retirement and
savings plans; and
``(CC) cash bonuses and noncash compensation, such as stock
options (whether or not based on performance).''; and
(B) in subclause (III), by striking ``$1,000'' and
inserting ``$2,000''.
SEC. 4223. INITIATION OF INVESTIGATIONS.
Subparagraph (G) of section 212(n)(2) (8 U.S.C. 1182(n)(2))
is amended--
(1) in clause (i), by striking ``if the Secretary'' and all
that follows and inserting ``with regard to the employer's
compliance with the requirements of this subsection.'';
(2) in clause (ii), by striking ``and whose identity'' and
all that follows through ``failure or failures.'' and
inserting ``the Secretary of Labor may conduct an
investigation into the employer's compliance with the
requirements of this subsection.'';
(3) in clause (iii), by striking the last sentence;
(4) by striking clauses (iv) and (v);
(5) by redesignating clauses (vi), (vii), and (viii) as
clauses (iv), (v), and (vi), respectively;
(6) in clause (iv), as so redesignated, by striking ``meet
a condition described in clause (ii), unless the Secretary of
Labor receives the information not later than 12 months'' and
inserting ``comply with the requirements under this
subsection, unless the Secretary of Labor receives the
information not later than 24 months'';
(7) by amending clause (v), as so redesignated, to read as
follows:
[[Page S5451]]
``(v) The Secretary of Labor shall provide notice to an
employer of the intent to conduct an investigation. The
notice shall be provided in such a manner, and shall contain
sufficient detail, to permit the employer to respond to the
allegations before an investigation is commenced. The
Secretary is not required to comply with this clause if the
Secretary determines that such compliance would interfere
with an effort by the Secretary to investigate or secure
compliance by the employer with the requirements of this
subsection. A determination by the Secretary under this
clause shall not be subject to judicial review.'';
(8) in clause (vi), as so redesignated, by striking ``An
investigation'' and all that follows through ``the
determination.'' and inserting ``If the Secretary of Labor,
after an investigation under clause (i) or (ii), determines
that a reasonable basis exists to make a finding that the
employer has failed to comply with the requirements under
this subsection, the Secretary shall provide interested
parties with notice of such determination and an opportunity
for a hearing in accordance with section 556 of title 5,
United States Code, not later than 120 days after the date of
such determination.''; and
(9) by adding at the end the following:
``(vii) If the Secretary of Labor, after a hearing, finds a
reasonable basis to believe that the employer has violated
the requirements under this subsection, the Secretary shall
impose a penalty under subparagraph (C).''.
SEC. 4224. INFORMATION SHARING.
Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as amended by
sections 4222 and 4223, is further amended by adding at the
end the following:
``(J) The Director of U.S. Citizenship and Immigration
Services shall provide the Secretary of Labor with any
information contained in the materials submitted by employers
of H-1B nonimmigrants as part of the adjudication process
that indicates that the employer is not complying with visa
program requirements for H-1B nonimmigrants. The Secretary of
Labor may initiate and conduct an investigation related to H-
1B nonimmigrants and a hearing under this paragraph after
receiving information of noncompliance under this
subparagraph. This subparagraph may not be construed to
prevent the Secretary of Labor from taking action related to
wage and hour and workplace safety laws.
``(K) The Secretary of Labor shall facilitate the posting
of the descriptions described in paragraph (1)(C)(i) on the
Internet website of the State labor or workforce agency for
the State in which the position will be primarily located
during the same period as the posting under paragraph
(1)(C)(i).''.
SEC. 4225. TRANSPARENCY OF HIGH-SKILLED IMMIGRATION PROGRAMS.
Section 416(c) of the American Competitiveness and
Workforce Improvement Act of 1998 (8 U.S.C. 1184 note) is
amended--
(1) by amending paragraph (2) to read as follows:
``(2) Annual h-1b nonimmigrant characteristics report.--The
Bureau of Immigration and Labor Market Research shall submit
an annual report to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives that contains--
``(A) information on the countries of origin of,
occupations of, educational levels attained by, and
compensation paid to, aliens who were issued visas or
otherwise provided nonimmigrant status under section
101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(i)(b)) during the previous fiscal year;
``(B) a list of all employers who petition for H-1B visas,
the number of such petitions filed and approved for each such
employer, the occupational classifications for the approved
positions, and the number of H-1B nonimmigrants for whom each
such employer files for adjustment to permanent resident
status;
``(C) the number of immigrant status petitions filed during
the prior year on behalf of H-1B nonimmigrants;
``(D) a list of all employers who are H-1B-dependent
employers;
``(E) a list of all employers who are H-1B skilled worker
dependent employers;
``(F) a list of all employers for whom more than 30 percent
of their United States workforce is H-1B or L-1
nonimmigrants;
``(G) a list of all employers for whom more than 50 percent
of their United States workforce is H-1B or L-1
nonimmigrants;
``(H) a gender breakdown by occupation and by country of H-
1B nonimmigrants;
``(I) a list of all employers who have been approved to
conduct outplacement of H-1B nonimmigrants; and
``(J) the number of H-1B nonimmigrants categorized by their
highest level of education and whether such education was
obtained in the United States or in a foreign country.'';
(2) by redesignating paragraph (3) as paragraph (5);
(3) by inserting after paragraph (2) the following:
``(3) Annual l-1 nonimmigrant characteristics report.--The
Bureau of Immigration and Labor Market Research shall submit
an annual report to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives that contains--
``(A) information on the countries of origin of,
occupations of, educational levels attained by, and
compensation paid to, aliens who were issued visas or
otherwise provided -nonimmigrant status under section
101(a)(15)(L) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(L)) during the previous fiscal year;
``(B) a list of all employers who petition for L-1 visas,
the number of such petitions filed and approved for each such
employer, the occupational classifications for the approved
positions, and the number of L-1 nonimmigrants for whom each
such employer files for adjustment to permanent resident
status;
``(C) the number of immigrant status petitions filed during
the prior year on behalf of L-1 nonimmigrants;
``(D) a list of all employers who are L-1 dependent
employers;
``(E) a gender breakdown by occupation and by country of L-
1 nonimmigrants;
``(F) a list of all employers who have been approved to
conduct outplacement of L-1 nonimmigrants; and
``(G) the number of L-1 nonimmigrants categorized by their
highest level of education and whether such education was
obtained in the United States or in a foreign country.
``(4) Annual employer survey.--The Bureau of Immigration
and Labor Market Research shall--
``(A) conduct an annual survey of employers hiring foreign
nationals under the L-1 visa program; and
``(B) shall issue an annual report that--
``(i) describes the methods employers are using to meet the
requirement of taking good faith steps to recruit United
States workers for the occupational classification for which
the nonimmigrants are sought, using procedures that meet
industry-wide standards;
``(ii) describes the best practices for recruiting among
employers; and
``(iii) contains recommendations on which recruiting steps
employers can take to maximize the likelihood of hiring
American workers.''; and
(4) in paragraph (5), as redesignated, by striking
``paragraph (2)'' and inserting ``paragraphs (2) and (3)''.
CHAPTER 3--OTHER PROTECTIONS
SEC. 4231. POSTING AVAILABLE POSITIONS THROUGH THE DEPARTMENT
OF LABOR.
(a) Department of Labor Website.--Section 212(n) (8 U.S.C.
1182(n)), as amended by section 4221(2), is further amended
by adding at the end following:
``(7)(A) Not later than 90 days after the date of the
enactment of the Border Security, Economic Opportunity, and
Immigration Modernization Act, the Secretary of Labor shall
establish a searchable Internet website for posting positions
as required by paragraph (1)(C). Such website shall be
available to the public without charge.
``(B) The Secretary may work with private companies or
nonprofit organizations to develop and operate the Internet
website described in subparagraph (A).
``(C) The Secretary may promulgate rules, after notice and
a period for comment, to carry out the requirements of this
paragraph.''.
(b) Requirement for Publication.--The Secretary of Labor
shall submit to Congress and publish in the Federal Register
and other appropriate media a notice of the date that the
Internet website required by paragraph (6) of section 212(n)
of the Immigration and Nationality Act, as amended by
subsection (a), will be operational.
(c) Application.--The amendments made by subsection (a)
shall apply to an application filed on or after the date that
is 30 days after the date described in subsection (b).
SEC. 4232. REQUIREMENTS FOR INFORMATION FOR H-1B AND L
NONIMMIGRANTS.
(a) In General.--Section 214 (8 U.S.C. 1184), as amended by
section 3608, is further amended by adding at the end the
following:
``(t) Requirements for Information for H-1B and L
Nonimmigrants.--
``(1) In general.--Upon issuing a visa to an applicant for
nonimmigrant status pursuant to subparagraph (H)(i)(b) or (L)
of section 101(a)(15) who is outside the United States, the
issuing office shall provide the applicant with--
``(A) a brochure outlining the obligations of the
applicant's employer and the rights of the applicant with
regard to employment under Federal law, including labor and
wage protections; and
``(B) the contact information for appropriate Federal
agencies or departments that offer additional information or
assistance in clarifying such obligations and rights.
``(2) Provision of material.--Upon the approval of an
application of an applicant referred to in paragraph (1), the
applicant shall be provided with the material described in
subparagraphs (A) and (B) of paragraph (1)--
``(A) by the issuing officer of the Department of Homeland
Security, if the applicant is inside the United States; or
``(B) by the appropriate official of the Department of
State, if the applicant is outside the United States.
``(3) Employer to provide immigration paperwork exchanged
with federal agencies.--
``(A) In general.--Not later than 30 days after a labor
condition application is filed under section 212(n)(1), an
employer shall provide an employee or beneficiary of such
application who is or seeking nonimmigrant status under
subparagraph (H)(i)(b) or (L) of section 101(a)(15) with a
copy the original of all applications and petitions filed by
the
[[Page S5452]]
employer with the Department of Labor or the Department of
Homeland Security for such employee or beneficiary.
``(B) Withholding of financial or proprietary
information.--If a document required to be provided to an
employee or beneficiary under subparagraph (A) includes any
financial or propriety information of the employer, the
employer may redact such information from the copies provided
to such employee or beneficiary.''.
(b) Report on Job Classification and Wage Determinations.--
Not later than 1 year after the date of the enactment of this
Act, the Comptroller General of the United States shall
prepare a report analyzing the accuracy and effectiveness of
the Secretary of Labor's current job classification and wage
determination system. The report shall--
(1) specifically address whether the systems in place
accurately reflect the complexity of current job types as
well as geographic wage differences; and
(2) make recommendations concerning necessary updates and
modifications.
SEC. 4233. FILING FEE FOR H-1B-DEPENDENT EMPLOYERS.
(a) In General.--Notwithstanding any other provision of
law, there shall be a fee required to be submitted by an
employer with an application for admission of an H-1B
nonimmigrant as follows:
(1) For each fiscal year beginning in fiscal year 2015,
$5,000 for applicants that employ 50 or more employees in the
United States if more than 30 percent and less than 50
percent of the applicant's employees are H-1B nonimmigrants
or L nonimmigrants.
(2) For each of the fiscal years 2015 through 2017, $10,000
for applicants that employ 50 or more employees in the United
States if more than 50 percent and less than 75 percent of
the applicant's employees are H-1B nonimmigrants or L
nonimmigrants. Fees collected under this paragraph shall be
deposited in the Comprehensive Immigration Reform Trust Fund
established under section 6(a)(1).
(b) Definitions.--In this section:
(1) Employer.--The term ``employer''--
(A) means any entity or entities treated as a single
employer under subsection (b), (c), (m), or (o) of section
414 of the Internal Revenue Code of 1986; and
(B) does not include a nonprofit institution of higher
education or a nonprofit research organization described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from taxation under 501(a) of that Code that is--
(i) an institution of higher education (as defined in
section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a))); or
(ii) a research organization.
(2) H-1B nonimmigrant.--The term ``H-1B nonimmigrant''
means an alien admitted as a nonimmigrant pursuant to section
101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(i)(b)).
(3) Intending immigrant.--The term ``intending immigrant''
has the meaning given that term in paragraph (54)(A) of
section 101(a)(54)(A) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)).
(4) L nonimmigrant.--The term ``L nonimmigrant'' means an
alien admitted as a nonimmigrant pursuant to section
101(a)(15)(L) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(L)) to provide services to the alien's
employer involving specialized knowledge.
(c) Exception for Intending Immigrants.--In determining the
percentage of employees of an employer that are H-1B
nonimmigrants or L nonimmigrants under subsection (a), an
intending immigrant employee shall not count toward such
percentage.
(d) Conforming Amendment.--Section 402 of the Act entitled
``An Act making emergency supplemental appropriations for
border security for the fiscal year ending September 30,
2010, and for other purposes'', approved August 13, 2010
(Public Law 111-230; 8 U.S.C. 1101 note) is amended by
striking subsection (b).
SEC. 4234. PROVIDING PREMIUM PROCESSING OF EMPLOYMENT-BASED
VISA PETITIONS.
Pursuant to section 286(u) of the Immigration and
Nationality Act (8 U.S.C. 1356(u)), the Secretary shall
establish and collect--
(1) a fee for premium processing of employment-based
immigrant petitions; and
(2) a fee for premium processing of an administrative
appeal of any decision on a permanent employment-based
immigrant petition.
SEC. 4235. TECHNICAL CORRECTION.
Section 212 (8 U.S.C. 1182) is amended by redesignating the
second subsection (t), as added by section 1(b)(2)(B) of the
Act entitled ``An Act to amend and extend the Irish Peace
Process Cultural and Training Program Act of 1998'' (Public
Law 108-449 (118 Stat. 3470)), as subsection (u).
SEC. 4236. APPLICATION.
(a) In General.--Except as otherwise specifically provided,
the amendments made by this subtitle shall apply to
applications filed on or after the date of the enactment of
this Act.
(b) Special Requirements.--Notwithstanding any other
provision of law, the amendments made by section 4211(c)
shall not apply to any application or petition filed by an
employer on behalf of an existing employee.
SEC. 4237. PORTABILITY FOR BENEFICIARIES OF IMMIGRANT
PETITIONS.
(a) Increased Portability.--Section 204(j) (8 U.S.C.
1154(j)) is amended--
(1) by amending the subsection heading to read as follows:
``(j) Increased Portability.--'';
(2) by striking ``A petition'' and inserting the following:
``(1) Long delayed applicants for adjustment of status.--A
petition''; and
(3) by adding at the end the following:
``(2) Portability for beneficiaries of immigrant
petitions.--Regardless of whether an employer withdraws a
petition approved under paragraph (1), (2), or (3) of section
203(b)--
``(A) the petition shall remain valid with respect to a new
job if--
``(i) the beneficiary changes jobs or employers after the
petition is approved; and
``(ii) the new job is in the same or a similar occupational
classification as the job for which the petition was
approved; and
``(B) the employer's legal obligations with respect to the
petition shall terminate at the time the beneficiary changes
jobs or employers.
``(3) Documentation.--The Secretary of Labor shall develop
a mechanism to provide the beneficiary or prospective
employer with sufficient information to determine whether a
new position or job is in the same or similar occupation as
the job for which the petition was approved. The Secretary of
Labor shall provide confirmation of application approval if
required for eligibility under this subsection. The Secretary
of Homeland Security shall provide confirmation of petition
approval if required for eligibility under this
subsection.''.
(b) Adjustment of Status for Employment-based Immigrants.--
Section 245 of the Immigration and Nationality Act (8 U.S.C.
1255) is amended by adding at the end the following:
``(n) Adjustment of Status for Employment-based
Immigrants.--
``(1) Petition.--An alien, and any eligible dependents of
such alien, who has filed a petition for immigrant status,
may concurrently, or at any time thereafter, file an
application with the Secretary of Homeland Security for
adjustment of status if such petition is pending or has been
approved, regardless of whether an immigrant visa is
immediately available at the time the application is filed.
``(2) Supplemental fee.--If a visa is not immediately
available at the time an application is filed under paragraph
(1), the beneficiary of such application shall pay a
supplemental fee of $500, which shall be deposited in the
STEM Education and Training Account established under section
286(w). This fee shall not be collected from any dependent
accompanying or following to join such beneficiary.
``(3) Availability.--An application filed pursuant to
paragraph (2) may not be approved until the date on which an
immigrant visa becomes available.''.
Subtitle C--L Visa Fraud and Abuse Protections
SEC. 4301. PROHIBITION ON OUTPLACEMENT OF L NONIMMIGRANTS.
Section 214(c)(2)(F) (8 U.S.C. 1184(c)(2)(F)) is amended to
read as follows:
``(F)(i) An employer who employs L-1 nonimmigrants in a
number that is equal to at least 15 percent of the total
number of full-time equivalent employees employed by the
employer shall not place, outsource, lease, or otherwise
contract for the services or placement of such alien with
another employer. In determining the number of employees who
are L-1 nonimmigrants, an intending immigrant shall count as
a United States worker.
``(ii) The employer of an alien described in section
101(a)(15)(L) shall not place, outsource, lease, or otherwise
contract for the services or placement of such alien with
another employer unless--
``(I) such alien will not be controlled or supervised
principally by the employer with whom such alien would be
placed;
``(II) the placement of such alien at the worksite of the
other employer is not essentially an arrangement to provide
labor for hire for the other employer; and
``(III) the employer of such alien pays a fee of $500,
which shall be deposited in the STEM Education and Training
Account established under section 286(w).''.
SEC. 4302. L EMPLOYER PETITION REQUIREMENTS FOR EMPLOYMENT AT
NEW OFFICES.
Section 214(c)(2) (8 U.S.C. 1184(c)(2)) is amended by
adding at the end the following:
``(G)(i) If the beneficiary of a petition under this
paragraph is coming to the United States to open, or be
employed in, a new office, the petition may be approved for
up to 12 months only if--
``(I) the alien has not been the beneficiary of 2 or more
petitions under this subparagraph during the immediately
preceding 2 years; and
``(II) the employer operating the new office has--
``(aa) an adequate business plan;
``(bb) sufficient physical premises to carry out the
proposed business activities; and
``(cc) the financial ability to commence doing business
immediately upon the approval of the petition.
``(ii) An extension of the approval period under clause (i)
may not be granted until the importing employer submits an
application to the Secretary of Homeland Security that
contains--
``(I) evidence that the importing employer meets the
requirements of this subsection;
[[Page S5453]]
``(II) evidence that the beneficiary of the petition is
eligible for nonimmigrant status under section 101(a)(15)(L);
``(III) a statement summarizing the original petition;
``(IV) evidence that the importing employer has complied
with the business plan submitted under clause (i)(I);
``(V) evidence of the truthfulness of any representations
made in connection with the filing of the original petition;
``(VI) evidence that the importing employer has been doing
business at the new office through regular, systematic, and
continuous provision of goods and services;
``(VII) a statement of the duties the beneficiary has
performed at the new office during the approval period under
clause (i) and the duties the beneficiary will perform at the
new office during the extension period granted under this
clause;
``(VIII) a statement describing the staffing at the new
office, including the number of employees and the types of
positions held by such employees;
``(IX) evidence of wages paid to employees;
``(X) evidence of the financial status of the new office;
and
``(XI) any other evidence or data prescribed by the
Secretary.
``(iii) A new office employing the beneficiary of an L-1
petition approved under this paragraph shall do business only
through regular, systematic, and continuous provision of
goods and services.
``(iv) Notwithstanding clause (ii), and subject to the
maximum period of authorized admission set forth in
subparagraph (D), the Secretary of Homeland Security, in the
Secretary's discretion, may approve a subsequently filed
petition on behalf of the beneficiary to continue employment
at the office described in this subparagraph for a period
beyond the initially granted 12-month period if the importing
employer has been doing business at the new office through
regular, systematic, and continuous provision of goods and
services for the 6 months immediately preceding the date of
extension of petition filing and demonstrates that the
failure to satisfy any of the requirements described in those
subclauses was directly caused by extraordinary
circumstances, as determined by the Secretary in the
Secretary's discretion.''.
SEC. 4303. COOPERATION WITH SECRETARY OF STATE.
Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended by
section 4302, is further amended by adding at the end the
following:
``(H) For purposes of approving petitions under this
paragraph, the Secretary of Homeland Security shall work
cooperatively with the Secretary of State to verify the
existence or continued existence of a company or office in
the United States or in a foreign country.''.
SEC. 4304. LIMITATION ON EMPLOYMENT OF L NONIMMIGRANTS.
Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended by
sections 4302 and 4303, is further amended by adding at the
end the following:
``(I)(i) If the employer employs 50 or more employees in
the United States, the sum of the number of such employees
who are H-1B nonimmigrants plus the number of such employees
who are L nonimmigrants may not exceed--
``(I) 75 percent of the total number of employees, for
fiscal year 2015;
``(II) 65 percent of the total number of employees, for
fiscal year 2016; and
``(III) 50 percent of the total number of employees, for
each fiscal year after fiscal year 2016.
``(ii) In this subparagraph:
``(I) The term `employer' does not include a nonprofit
institution of higher education or a nonprofit research
organization described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from taxation under 501(a) of
that Code that is--
``(aa) an institution of higher education (as defined in
section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a))); or
``(bb) a research organization.
``(II) The term `H-1B nonimmigrant' means an alien admitted
as a nonimmigrant pursuant to section 101(a)(15)(H)(i)(b).
``(III) The term `L nonimmigrant' means an alien admitted
as a nonimmigrant pursuant to section 101(a)(15)(L) to
provide services to the alien's employer involving
specialized knowledge.
``(iii) In determining the percentage of employees of an
employer that are H-1B nonimmigrants or L nonimmigrants under
clause (i), an intending immigrant employee shall not count
toward such percentage.''.
SEC. 4305. FILING FEE FOR L NONIMMIGRANTS.
(a) In General.--Notwithstanding any other provision of
law, the filing fee for an application for admission of an L
nonimmigrant shall be as follows:
(1) For each of the fiscal years beginning in fiscal year
2014, $5,000 for applicants that employ 50 or more employees
in the United States if more than 30 percent and less than 50
percent of the applicant's employees are H-1B nonimmigrants
or L nonimmigrants.
(2) For each of the fiscal years 2014 through 2017, $10,000
for applicants that employ 50 or more employees in the United
States if more than 50 percent and less than 75 percent of
the applicant's employees are H-1B nonimmigrants or L
nonimmigrants. Fees collected under this paragraph shall be
deposited in the Comprehensive Immigration Reform Trust Fund
established under section 6(a)(1).
(b) Definitions.--In this section:
(1) Employer.--The term ``employer'' does not include a
nonprofit institution of higher education or a nonprofit
research organization described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from taxation under
501(a) of that Code that is--
(A) an institution of higher education (as defined in
section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a))); or
(B) a research organization.
(2) H-1B nonimmigrant.--The term ``H-1B nonimmigrant''
means an alien admitted as a nonimmigrant pursuant to section
101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(i)(b)).
(3) L nonimmigrant.--The term ``L nonimmigrant'' means an
alien admitted as a nonimmigrant pursuant to section
101(a)(15)(L) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(L)) to provide services to the alien's
employer involving specialized knowledge.
(c) Exception for Intending Immigrants.--In determining the
percentage of employees of an employer that are H-1B
nonimmigrants or L nonimmigrants under subsection (a), an
intending immigrant employee (as defined in section
101(a)(54)(A) of the Immigration and Nationality Act shall
not count toward such percentage.
(d) Conforming Amendment.--Section 402 of the Act entitled
``An Act making emergency supplemental appropriations for
border security for the fiscal year ending September 30,
2010, and for other purposes'', approved August 13, 2010
(Public Law 111-230; 8 U.S.C. 1101 note), as amended by
section 4233(d), is further amended by striking subsections
(a) and (c).
SEC. 4306. INVESTIGATION AND DISPOSITION OF COMPLAINTS
AGAINST L NONIMMIGRANT EMPLOYERS.
Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended by
sections 4302, 4303, and 4304 is further amended by adding at
the end the following:
``(J)(i) The Secretary of Homeland Security may initiate an
investigation of any employer that employs nonimmigrants
described in section 101(a)(15)(L) with regard to the
employer's compliance with the requirements of this
subsection.
``(ii)(I) If the Secretary receives specific credible
information from a source who is likely to have knowledge of
an employer's practices, employment conditions, or compliance
with the requirements under this subsection, the Secretary
may conduct an investigation into the employer's compliance
with the requirements of this subsection.
``(II) The Secretary may withhold the identity of a source
referred to in subclause (I) from an employer and the
identity of such source shall not be subject to disclosure
under section 552 of title 5, United States Code.
``(iii) The Secretary shall establish a procedure for any
person desiring to provide to the Secretary information
described in clause (ii)(I) that may be used, in whole or in
part, as the basis for the commencement of an investigation
described in such clause, to provide the information in
writing on a form developed and provided by the Secretary and
completed by or on behalf of the person.
``(iv) No investigation described in clause (ii)(I) (or
hearing described in clause (vi) based on such investigation)
may be conducted with respect to information about a failure
to comply with the requirements under this subsection, unless
the Secretary receives the information not later than 24
months after the date of the alleged failure.
``(v)(I) Subject to subclause (III), before commencing an
investigation of an employer under clause (i) or (ii), the
Secretary shall provide notice to the employer of the intent
to conduct such investigation.
``(II) The notice required by subclause (I) shall be
provided in such a manner, and shall contain sufficient
detail, to permit the employer to respond to the allegations
before an investigation is commenced.
``(III) The Secretary is not required to comply with this
clause if the Secretary determines that to do so would
interfere with an effort by the Secretary to investigate or
secure compliance by the employer with the requirements of
this subsection.
``(IV) There shall be no judicial review of a determination
by the Secretary under this clause.
``(vi) If the Secretary, after an investigation under
clause (i) or (ii), determines that a reasonable basis exists
to make a finding that the employer has failed to comply with
the requirements under this subsection, the Secretary shall
provide the interested parties with notice of such
determination and an opportunity for a hearing in accordance
with section 556 of title 5, United States Code, not later
than 120 days after the date of such determination. If such a
hearing is requested, the Secretary shall make a finding
concerning the matter by not later than 120 days after the
date of the hearing.
``(vii) If the Secretary, after a hearing, finds a
reasonable basis to believe that the employer has violated
the requirements under this subsection, the Secretary shall
impose a penalty under subparagraph (K).
``(viii)(I) The Secretary may conduct voluntary surveys of
the degree to which employers comply with the requirements
under this section.
``(II) The Secretary shall--
``(aa) conduct annual compliance audits of each employer
with more than 100 employees who work in the United States if
more than 15 percent of such employees are nonimmigrants
described in 101(a)(15)(L); and
[[Page S5454]]
``(bb) make available to the public an executive summary or
report describing the general findings of the audits carried
out pursuant to this subclause.''.
SEC. 4307. PENALTIES.
Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended by
sections 4302, 4303, 4304, and 4306, is further amended by
adding at the end the following:
``(K)(i) If the Secretary of Homeland Security finds, after
notice and an opportunity for a hearing, a failure by an
employer to meet a condition under subparagraph (F), (G), or
(L) or a misrepresentation of material fact in a petition to
employ 1 or more aliens as nonimmigrants described in section
101(a)(15)(L)--
``(I) the Secretary shall impose such administrative
remedies (including civil monetary penalties in an amount not
to exceed $2,000 per violation) as the Secretary determines
to be appropriate;
``(II) the Secretary may not, during a period of at least 1
year, approve a petition for that employer to employ 1 or
more aliens as such nonimmigrants; and
``(III) in the case of a violation of subparagraph (J), the
employer shall be liable to the employees harmed by such
violation for lost wages and benefits.
``(ii) If the Secretary finds, after notice and an
opportunity for a hearing, a willful failure by an employer
to meet a condition under subparagraph (F), (G), or (L) or a
willful misrepresentation of material fact in a petition to
employ 1 or more aliens as nonimmigrants described in section
101(a)(15)(L)--
``(I) the Secretary shall impose such administrative
remedies (including civil monetary penalties in an amount not
to exceed $10,000 per violation) as the Secretary determines
to be appropriate;
``(II) the Secretary may not, during a period of at least 2
years, approve a petition filed for that employer to employ 1
or more aliens as such nonimmigrants; and
``(III) in the case of a violation of subparagraph (J), the
employer shall be liable to the employees harmed by such
violation for lost wages and benefits.''.
SEC. 4308. PROHIBITION ON RETALIATION AGAINST L
NONIMMIGRANTS.
Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended by
sections 4302, 4303, 4303, 4306, and 4307, is further amended
by adding at the end the following:
``(L)(i) It is a violation of this subparagraph for an
employer who has filed a petition to import 1 or more aliens
as nonimmigrants described in section 101(a)(15)(L) to take,
fail to take, or threaten to take or fail to take, a
personnel action, or to intimidate, threaten, restrain,
coerce, blacklist, discharge, or discriminate in any other
manner against an employee because the employee--
``(I) has disclosed information that the employee
reasonably believes evidences a violation of this subsection,
or any rule or regulation pertaining to this subsection; or
``(II) cooperates or seeks to cooperate with the
requirements of this subsection, or any rule or regulation
pertaining to this subsection.
``(ii) In this subparagraph, the term `employee' includes--
``(I) a current employee;
``(II) a former employee; and
``(III) an applicant for employment.''.
SEC. 4309. REPORTS ON L NONIMMIGRANTS.
Section 214(c)(8) (8 U.S.C. 1184(c)(8)) is amended by
inserting ``(L),'' after ``(H),''.
SEC. 4310. APPLICATION.
The amendments made by this subtitle shall apply to
applications filed on or after the date of the enactment of
this Act.
SEC. 4311. REPORT ON L BLANKET PETITION PROCESS.
Not later than 6 months after the date of the enactment of
this Act, the Inspector General of the Department shall
submit to the Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of
Representatives a report regarding the use of blanket
petitions under section 214(c)(2)(A) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)(2)(A)). Such report shall
assess the efficiency and reliability of the process for
reviewing such blanket petitions, including whether the
process includes adequate safeguards against fraud and abuse.
Subtitle D--Other Nonimmigrant Visas
SEC. 4401. NONIMMIGRANT VISAS FOR STUDENTS.
(a) Authorization of Dual Intent for F Nonimmigrants
Seeking Bachelor's or Graduate Degrees.--Section
101(a)(15)(F) (8 U.S.C. 1101(a)(15)(F)) is amended to read as
follows:
``(F)(i) an alien having a residence in a foreign country
who is a bona fide student qualified to pursue a full course
of study and who seeks to enter the United States temporarily
and solely for the purpose of pursuing such a course of study
consistent with section 214(m) at an accredited college,
university, or language training program, or at an
established seminary, conservatory, academic high school,
elementary school, or other academic institution in the
United States, particularly designated by the alien and
approved by the Secretary of Homeland Security after
consultation with the Secretary of Education, which
institution or place of study shall have agreed to report to
the Secretary of Homeland Security the termination of
attendance of each nonimmigrant student, and if any such
institution of learning or place of study fails to make
reports promptly the approval shall be withdrawn, except that
such an alien who is not seeking to pursue a degree that is a
bachelor's degree or a graduate degree shall have a residence
in a foreign country that the alien has no intention of
abandoning;
``(ii) the alien spouse and minor children of any alien
described in clause (i) if accompanying or following to join
such an alien; and
``(iii) an alien who is a national of Canada or Mexico, who
maintains actual residence and place of abode in the country
of nationality, who is described in clause (i) except that
the alien's qualifications for and actual course of study may
be full or part-time, and who commutes to the United States
institution or place of study from Canada or Mexico.''.
(b) Dual Intent.--Section 214(h) (8 U.S.C. 1184(h)) is
amended to read as follows:
``(h) Dual Intent.--The fact that an alien is, or intends
to be, the beneficiary of an application for a preference
status filed under section 204, seeks a change or adjustment
of status after completing a legitimate period of
nonimmigrant stay, or has otherwise sought permanent
residence in the United States shall not constitute evidence
of intent to abandon a foreign residence that would preclude
the alien from obtaining or maintaining--
``(1) a visa or admission as a nonimmigrant described in
subparagraph (E), (F)(i), (F)(ii), (H)(i)(b), (H)(i)(c), (L),
(O), (P), (V), or (W) of section 101(a)(15); or
``(2) the status of a nonimmigrant described in any such
subparagraph.''.
(c) Requirement of Student Visa Data Transfer and
Certification.--
(1) In general.--The Secretary shall implement real-time
transmission of data from the Student and Exchange Visitor
Information System to databases used by U.S. Customs and
Border Protection.
(2) Certification.--
(A) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary shall certify to
Congress that the transmission of data referred to in
paragraph (1) has been implemented.
(B) Temporary suspension of visa issuance.--If the
Secretary has not made the certification referred to in
subparagraph (A) during the 120-day period, the Secretary
shall suspend issuance of visas under subparagraphs (F) and
(M) of section 101(a)(15) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)) until the certification is made.
SEC. 4402. CLASSIFICATION FOR SPECIALTY OCCUPATION WORKERS
FROM FREE TRADE COUNTRIES.
(a) Nonimmigrant Status.--Section 101(a)(15)(E)(8 U.S.C.
1101(a)(15)(E)) is amended--
(1) in the matter preceding clause (i), by inserting ``,
bilateral investment treaty, or free trade agreement'' after
``treaty of commerce and navigation'';
(2) in clause (ii), by striking ``or'' at the end; and
(3) by adding at the end the following:
``(iv) solely to perform services in a specialty occupation
in the United States if the alien is a national of a country,
other than Chile, Singapore, or Australia, with which the
United States has entered into a free trade agreement
(regardless of whether such an agreement is a treaty of
commerce and navigation) and with respect to whom the
Secretary of Labor determines and certifies to the Secretary
of Homeland Security and the Secretary of State that the
intending employer has filed with the Secretary of Labor an
attestation under section 212(t);
``(v) solely to perform services in a specialty occupation
in the United States if the alien is a national of the
Republic of Korea and with respect to whom the Secretary of
Labor determines and certifies to the Secretary of Homeland
Security and the Secretary of State that the intending
employer has filed with the Secretary of Labor an attestation
under section 212(t); or
``(vi) solely to perform services as an employee and who
has at least a high school education or its equivalent, or
has, during the most recent 5-year period, at least 2 years
of work experience in an occupation which requires at least 2
years of training or experience if the alien is a national of
a country--
``(I) designated as an eligible sub-Saharan African country
under section 104 of the African Growth and Opportunity Act
(19 U.S.C. 3703); or
``(II) designated as a beneficiary country for purposes of
the Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et
seq.);''.
(b) Numerical Limitation.--Section 214(g)(11) (8 U.S.C.
1184(g)(11)) is amended--
(1) in subparagraph (A), by striking ``section
101(a)(15)(E)(iii)'' and inserting ``clauses (iii) and (vi)
of section 101(a)(15)(E)''; and
(2) by amending subparagraph (B) to read as follows:
``(B) The applicable numerical limitation referred to in
subparagraph (A) for each fiscal year is--
``(i) 10,500 for each of the nationalities identified in
clause (iii) of section 101(a)(15)(E); and
``(ii) 10,500 for all aliens described in clause (vi) of
such section.''.
(c) Free Trade Agreements.--Section 214(g) (8 U.S.C.
1184(g)) is amended by adding at the end the following:
``(12)(A) The free trade agreements referred to in section
101(a)(15)(E)(iv) are defined as any free trade agreement
designated by the Secretary of Homeland Security with the
concurrence of the United States Trade Representative and the
Secretary of State.
[[Page S5455]]
``(B) The Secretary of State may not approve a number of
initial applications submitted for aliens described in clause
(iv) or (v) of section 101(a)(15)(E) that is more than 5,000
per fiscal year for each country with which the United States
has entered into a Free Trade Agreement.
``(C) The applicable numerical limitation referred to in
subparagraph (A) shall apply only to principal aliens and not
to the spouses or children of such aliens.''.
(d) Nonimmigrant Professionals.--Section 212(t) (8 U.S.C.
1182(t)) is amended by striking ``section
101(a)(15)(E)(iii)'' each place that term appears and
inserting ``clause (iv) or (v) of section 101(a)(15)(E)''.
SEC. 4403. E-VISA REFORM.
(a) Nonimmigrant Category.--Section 101(a)(15)(E)(iii) (8
U.S.C. 1101(a)(15)(E)(iii)) is amended by inserting ``, or
solely to perform services as an employee and who has at
least a high school education or its equivalent, or has,
within 5 years, at least 2 years of work experience in an
occupation which requires at least 2 years of training or
experience if the alien is a national of the Republic of
Ireland,'' after ``Australia''.
(b) Temporary Admission.--Section 212(d)(3)(A) (8 U.S.C.
1182(d)(3)(A)) is amended to read as follows:
``(A) Except as otherwise provided in this subsection--
``(i) an alien who is applying for a nonimmigrant visa and
who the consular officer knows or believes to be ineligible
for such visa under subsection (a) (other than subparagraphs
(A)(i)(I), (A)(ii), (A)(iii), (C), (E)(i), and (E)(ii) of
paragraph (3) of such subsection)--
``(I) after approval by the Secretary of Homeland Security
of a recommendation by the Secretary of State or by the
consular officer that the alien be admitted temporarily
despite the alien's inadmissibility, may be granted such a
visa and may be admitted into the United States temporarily
as a nonimmigrant, in the discretion of the Secretary of
Homeland Security; or
``(II) absent such recommendation and approval, be granted
a nonimmigrant visa pursuant to section 101(a)(15)(E) if such
ineligibility is based solely on conduct in violation of
paragraph (6), (7), or (9) of section 212(a) that occurred
before the date of the enactment of the Border Security,
Economic Opportunity, and Immigration Modernization Act; and
``(ii) an alien who is inadmissible under subsection (a)
(other than subparagraphs (A)(i)(I), (A)(ii), (A)(iii), (C),
(E)(i), and (E)(ii) of paragraph (3) of such subsection), is
in possession of appropriate documents or was granted a
waiver from such document requirement, and is seeking
admission, may be admitted into the United States temporarily
as a nonimmigrant, in the discretion of the Secretary of
Homeland Security, who shall prescribe conditions, including
exaction of such bonds as may be necessary, to control and
regulate the admission and return of inadmissible aliens
applying for temporary admission under this paragraph.''.
(c) Numerical Limitation.--Section 214(g)(11)(B) (8 U.S.C.
1184(g)(11)(B)) is amended by striking the period at the end
and inserting ``for each of the nationalities identified
under section 101(a)(15)(E)(iii).''.
SEC. 4404. OTHER CHANGES TO NONIMMIGRANT VISAS.
(a) Portability.--Paragraphs (1) and (2) of section 214(n)
(8 U.S.C. 1184(n)) are amended to read as follows:
``(1) A nonimmigrant alien described in paragraph (2) who
was previously issued a visa or otherwise provided
nonimmigrant status under section 101(a)(15)(H)(i)(b) or
101(a)(15)(O)(i) is authorized to accept new employment
pursuant to such section upon the filing by the prospective
employer of a new petition on behalf of such nonimmigrant as
provided under subsection (a). Employment authorization shall
continue for such alien until the new petition is
adjudicated. If the new petition is denied, such
authorization shall cease.
``(2) A nonimmigrant alien described in this paragraph is a
nonimmigrant alien--
``(A) who has been lawfully admitted into the United
States;
``(B) on whose behalf an employer has filed a nonfrivolous
petition for new employment before the date of expiration of
the period of stay authorized by the Secretary of Homeland
Security; and
``(C) who, subsequent to such lawful admission, has not
been employed without authorization in the United States
before the filing of such petition.''.
(b) Waiver.--The undesignated material at the end of
section 214(c)(3) (8 U.S.C. 1184(c)(3)) is amended to read as
follows:
``The Secretary of Homeland Security shall provide by
regulation for the waiver of the consultation requirement
under subparagraph (A) in the case of aliens who have been
admitted as nonimmigrants under section 101(a)(15)(O)(i)
because of extraordinary ability in the arts or extraordinary
achievement in motion picture or television production and
who seek readmission to perform similar services within 3
years after the date of a consultation under such
subparagraph provided that, in the case of aliens admitted
because of extraordinary achievement in motion picture or
television production, such waiver shall apply only if the
prior consultations by the appropriate union and management
organization were favorable or raised no objection to the
approval of the petition. Not later than 5 days after such a
waiver is provided, the Secretary shall forward a copy of the
petition and all supporting documentation to the national
office of an appropriate labor organization. In the case of
an alien seeking entry for a motion picture or television
production (i) any opinion under the previous sentence shall
only be advisory; (ii) any such opinion that recommends
denial must be in writing; (iii) in making the decision the
Attorney General shall consider the exigencies and scheduling
of the production; (iv) the Attorney General shall append to
the decision any such opinion; and (v) upon making the
decision, the Attorney General shall immediately provide a
copy of the decision to the consulting labor and management
organizations.''.
SEC. 4405. TREATMENT OF NONIMMIGRANTS DURING ADJUDICATION OF
APPLICATION.
Section 214 (8 U.S.C. 1184), as amended by sections 3609
and 4233, is further amended by adding at the end the
following:
``(u) Treatment of Nonimmigrants During Adjudication of
Application.--A nonimmigrant alien granted employment
authorization pursuant to sections 101(a)(15)(A),
101(a)(15)(E), 101(a)(15)(G), 101(a)(15)(H), 101(a)(15)(I),
101(a)(15)(J), 101(a)(15)(L), 101(a)(15)(O), 101(a)(15)(P),
101(a)(15)(Q), 101(a)(15)(R), 214(e), and such other sections
as the Secretary of Homeland Security may by regulations
prescribe whose status has expired but who has, or whose
sponsoring employer or authorized agent has, filed a timely
application or petition for an extension of such employment
authorization and nonimmigrant status as provided under
subsection (a) is authorized to continue employment with the
same employer until the application or petition is
adjudicated. Such authorization shall be subject to the same
conditions and limitations as the initial grant of employment
authorization.''.
SEC. 4406. NONIMMIGRANT ELEMENTARY AND SECONDARY SCHOOL
STUDENTS.
Section 214(m)(1)(B) (8 U.S.C. 1184(m)(1)(B)) is amended
striking ``unless--'' and all that follows through ``(ii)''
and inserting ``unless''.
SEC. 4407. J-1 SUMMER WORK TRAVEL VISA EXCHANGE VISITOR
PROGRAM FEE.
Section 281 (8 U.S.C. 1351), as amended by section 4105, is
further amended by adding at the end the following:
``(e) J-1 Summer Work Travel Participant Fee.--In addition
to the fees authorized under subsection (a), the Secretary of
State shall collect a $100 fee from each nonimmigrant
entering under the Summer Work Travel program conducted by
the Secretary of State pursuant to the Foreign Affairs Reform
and Restructuring Act of 1998 (division G of Public Law 105-
277; 112 Stat. 2681-761). Fees collected under this
subsection shall be deposited into the Comprehensive
Immigration Reform Trust Fund established under section
6(a)(1) of the Border Security, Economic Opportunity, and
Immigration Modernization Act.''.
SEC. 4408. J VISA ELIGIBILITY.
(a) Speakers of Certain Foreign Languages.--Section
101(a)(15)(J) (8 U.S.C. 1101(a)(15)(J)) is amended to read as
follows:
``(J) an alien having a residence in a foreign country
which he has no intention of abandoning who--
``(i) is a bona fide student, scholar, trainee, teacher,
professor, research assistant, specialist, or leader in a
field of specialized knowledge or skill, or other person of
similar description, who is coming temporarily to the United
States as a participant in a program designated by the
Director of the United States Information Agency, for the
purpose of teaching, instructing or lecturing, studying,
observing, conducting research, consulting, demonstrating
special skills, or receiving training and who, if such alien
is coming to the United States to participate in a program
under which such alien will receive graduate medical
education or training, also meets the requirements of section
212(j), and the alien spouse and minor children of any such
alien if accompanying such alien or following to join such
alien; or
``(ii) is coming to the United States to perform work
involving specialized knowledge or skill, including teaching
on a full-time or part-time basis, that requires proficiency
of languages spoken as a native language in countries of
which fewer than 5,000 nationals were lawfully admitted for
permanent residence in the United States in the previous
year;''.
(b) Requirement for Annual List of Countries.--The
Secretary of State shall publish an annual list of the
countries described in clause (ii) of section 101(a)(15)(J)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(J)), as added by subsection (a).
(c) Summer Work Travel Program Employment in Seafood
Processing.--Notwithstanding any other provision of law or
regulation, including part 62 of title 22, Code of Federal
Regulations, or any proposed rule, the Secretary of State
shall permit participants in the Summer Work Travel program
described in section 62.32 of such title 22 who are admitted
under section 101(a)(15)(J) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(J)), as amended by
subsection (a), to be employed in seafood processing
positions in Alaska.
SEC. 4409. F-1 VISA FEE.
Section 281 (8 U.S.C. 1351), as amended by sections 4105
and 4407, is further amended by adding at the end the
following:
``(f) F-1 Visa Fee.--
``(1) In general.--In addition to the fees authorized under
subsection (a), the Secretary of Homeland Security shall
collect a
[[Page S5456]]
$100 fee from each nonimmigrant admitted under section
101(a)(15)(F)(i). Fees collected under this subsection shall
be deposited into the Comprehensive Immigration Reform Trust
Fund established under section 6(a)(1) of the Border
Security, Economic Opportunity, and Immigration Modernization
Act.
``(2) Rulemaking.--The Secretary of Homeland Security, in
conjunction with the Secretary of State, shall promulgate
regulations to ensure that--
``(A) the fee authorized under paragraph (1) is paid on
behalf of all J-1 nonimmigrants seeking entry into the United
States;
``(B) a fee related to the hiring of a J-1 nonimmigrant is
not deducted from the wages or other compensation paid to the
J-1 nonimmigrant; and
``(C) not more than 1 fee is collected per J-1
nonimmigrant.''.
SEC. 4410. PILOT PROGRAM FOR REMOTE B NONIMMIGRANT VISA
INTERVIEWS.
Section 222 (8 U.S.C. 1202) is amended by adding at the end
the following:
``(i)(1) Except as provided in paragraph (3), the Secretary
of State--
``(A) shall develop and conduct a pilot program for
processing visas under section 101(a)(15)(B) using secure
remote videoconferencing technology as a method for
conducting any required in person interview of applicants;
and
``(B) in consultation with the heads of other Federal
agencies that use such secure communications, shall help
ensure the security of the videoconferencing transmission and
encryption conducted under subparagraph (A).
``(2) Not later than 90 days after the termination of the
pilot program authorized under paragraph (1), the Secretary
of State shall submit to the appropriate committees of
Congress a report that contains--
``(A) a detailed description of the results of such
program, including an assessment of the efficacy, efficiency,
and security of the remote videoconferencing technology as a
method for conducting visa interviews of applicants; and
``(B) recommendations for whether such program should be
continued, broadened, or modified.
``(3) The pilot program authorized under paragraph (1) may
not be conducted if the Secretary of State determines that
such program--
``(A) poses an undue security risk; and
``(B) cannot be conducted in a manner consistent with
maintaining security controls.
``(4) If the Secretary of State makes a determination under
paragraph (3), the Secretary shall submit a report to the
appropriate committees of Congress that describes the reasons
for such determination.
``(5) In this subsection:
``(A) The term `appropriate committees of Congress' means--
``(i) the Committee on the Judiciary, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
``(ii) the Committee on the Judiciary, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
``(B) The term `in person interview' includes interviews
conducted using remote video technology.''.
SEC. 4411. PROVIDING CONSULAR OFFICERS WITH ACCESS TO ALL
TERRORIST DATABASES AND REQUIRING HEIGHTENED
SCRUTINY OF APPLICATIONS FOR ADMISSION FROM
PERSONS LISTED ON TERRORIST DATABASES.
Section 222 (8 U.S.C. 1202), as amended by section 4410, is
further amended by adding at the end the following:
``(j) Providing Consular Officers With Access to All
Terrorist Databases and Requiring Heightened Scrutiny of
Applications for Admission From Persons Listed on Terrorist
Databases.--
``(1) Access to the secretary of state.--
``(A) In general.--Except as provided in subparagraph (B),
the Secretary of State shall have access to all terrorism
records and databases maintained by any agency or department
of the United States for the purposes of determining whether
an applicant for admission poses a security threat to the
United States.
``(B) Exception.--The head of such an agency or department
may only withhold access to terrorism records and databases
from the Secretary of State if such head is able to
articulate that withholding is necessary to prevent the
unauthorized disclosure of information that clearly
identifies, or would reasonably permit ready identification
of, intelligence or sensitive law enforcement sources,
methods, or activities.
``(2) Biographic and biometric screening.--
``(A) Requirement for biographic and biometric screening.--
Notwithstanding any other provision of this Act, the
Secretary of State shall require every alien applying for
admission to the United States to submit to biographic and
biometric screening to determine whether the alien's name or
biometric information is listed in any terrorist watch list
or database maintained by any agency or department of the
United States.
``(B) Exclusions.--No alien applying for a visa to the
United States shall be granted such visa by a consular
officer if the alien's name or biometric information is
listed in any terrorist watch list or database referred to in
subparagraph (A) unless--
``(i) screening of the alien's visa application against
interagency counterterrorism screening systems which compare
the applicant's information against data in all
counterterrorism watch lists and databases reveals no
potentially pertinent links to terrorism;
``(ii) the consular officer submits the application for
further review to the Secretary of State and the heads of
other relevant agencies, including the Secretary of Homeland
Security and the Director of National Intelligence; and
``(iii) the Secretary of State, after consultation with the
Secretary of Homeland Security, the Director of National
Intelligence, and the heads of other relevant agencies,
certifies that the alien is admissible to the United
States.''.
SEC. 4412. VISA REVOCATION INFORMATION.
Section 428 of the Homeland Security Act of 2002 (6 U.S.C.
236) is amended by adding at the end the following:
``(j) Visa Revocation Information.--If the Secretary of
State or the Secretary of Homeland Security revoke a visa--
``(1) the fact of the revocation shall be immediately
provided to the relevant consular officers, law enforcement,
and terrorist screening databases; and
``(2) a notice of such revocation shall be posted to all
Department of Homeland Security port inspectors and to all
consular officers.''.
SEC. 4413. STATUS FOR CERTAIN BATTERED SPOUSES AND CHILDREN.
(a) Nonimmigrant Status for Certain Battered Spouses and
Children.--Section 101(a)(51) (8 U.S.C. 1101(a)(51)), as
amended by section 2305(d)(6)(B)(i)(III), is further
amended--
(1) in subparagraph (E), by striking ``or'' at the end;
(2) in subparagraph (F), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(G) section 106 as an abused derivative alien.''.
(b) Relief for Abused Derivative Aliens.--
(1) In general.--Section 106 (8 U.S.C. 1105a) is amended to
read as follows:
``SEC. 106. RELIEF FOR ABUSED DERIVATIVE ALIENS.
``(a) Abused Derivative Alien Defined.--In this section,
the term `abused derivative alien' means an alien who--
``(1) is the spouse or child admitted under section
101(a)(15) or pursuant to a blue card status granted under
section 2211 of the Border Security, Economic Opportunity,
and Immigration Modernization Act;
``(2) is accompanying or following to join a principal
alien admitted under such a section; and
``(3) has been subjected to battery or extreme cruelty by
such principal alien.
``(b) Relief for Abused Derivative Aliens.--The Secretary
of Homeland Security--
``(1) shall grant or extend the status of admission of an
abused derivative alien under section 101(a)(15) or section
2211 of the Border Security, Economic Opportunity, and
Immigration Modernization Act under which the principal alien
was admitted for the longer of--
``(A) the same period for which the principal was initially
admitted; or
``(B) a period of 3 years;
``(2) may renew a grant or extension of status made under
paragraph (1);
``(3) shall grant employment authorization to an abused
derivative alien; and
``(4) may adjust the status of the abused derivative alien
to that of an alien lawfully admitted for permanent residence
if--
``(A) the alien is admissible under section 212(a) or the
Secretary of Homeland Security finds the alien's continued
presence in the United States is justified on humanitarian
grounds, to ensure family unity, or is otherwise in the
public interest; and
``(B) the status under which the principal alien was
admitted to the United States would have potentially allowed
for eventual adjustment of status.
``(c) Effect of Termination of Relationship.--Termination
of the relationship with principal alien shall not affect the
status of an abused derivative alien under this section if
battery or extreme cruelty by the principal alien was 1
central reason for termination of the relationship.
``(d) Procedures.--Requests for relief under this section
shall be handled under the procedures that apply to aliens
seeking relief under section 204(a)(1)(C).''.
(2) Table of contents amendment.--The table of contents in
the first section is amended by striking the item relating to
section 106 and inserting the following:
``Sec. 106. Relief for abused derivative aliens.''.
SEC. 4414. NONIMMIGRANT CREWMEN LANDING TEMPORARILY IN
HAWAII.
(a) In General.--Section 101(a)(15)(D)(ii) (8 U.S.C.
1101(a)(15)(D)(ii)) is amended--
(1) by striking ``Guam'' both places that term appears and
inserting ``Hawaii, Guam,''; and
(2) by striking the semicolon at the end and inserting ``or
some other vessel or aircraft;''.
(b) Treatment of Departures.--In the administration of
section 101(a)(15)(D)(ii) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(D)(ii)), an alien crewman shall be
considered to have departed from Hawaii, Guam, or the
Commonwealth of the Northern Mariana Islands after leaving
the territorial waters of Hawaii, Guam, or the Commonwealth
of the Northern Mariana Islands,
[[Page S5457]]
respectively, without regard to whether the alien arrives in
a foreign state before returning to Hawaii, Guam, or the
Commonwealth of the Northern Mariana Islands.
(c) Conforming Amendment.--The Act entitled ``An Act to
amend the Immigration and Nationality Act to permit
nonimmigrant alien crewmen on fishing vessels to stop
temporarily at ports in Guam'', approved October 21, 1986
(Public Law 99-505; 8 U.S.C. 1101 note) is amended by
striking section 2.
SEC. 4415. TREATMENT OF COMPACT OF FREE ASSOCIATION MIGRANTS.
(a) In General.--Title II (8 U.S.C. 1151 et seq.) is
amended by inserting after section 214 the following:
``SEC. 214A. TREATMENT OF COMPACT OF FREE ASSOCIATION
MIGRANTS.
``Notwithstanding any other provision of law, with respect
to eligibility for benefits for the Federal program defined
in 402(b)(3)(C) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C.
1612(b)(3)(C)) (relating to the Medicaid program), sections
401(a), 402(b)(1), and 403(a) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1611(a), 1612(b)(1), 1613(a)) shall not apply to any
individual who lawfully resides in the United States in
accordance with the Compacts of Free Association between the
Government of the United States and the Governments of the
Federated States of Micronesia, the Republic of the Marshall
Islands, and the Republic of Palau. Any individual to which
the preceding sentence applies shall be considered to be a
qualified alien for purposes of title IV of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1601 et seq.), but only with respect to the
designated Federal program defined in section 402(b)(3)(C) of
such Act (relating to the Medicaid program) (8 U.S.C.
1612(b)(3)(C)).''.
(b) Conforming Amendments.--Section 1108 of the Social
Security Act (42 U.S.C. 1308) is amended--
(1) in subsection (f), in the matter preceding paragraph
(1), by striking ``subsection (g)'' and inserting
``subsections (g) and (h)''; and
(2) by adding at the end the following:
``(h) The limitations of subsections (f) and (g) shall not
apply with respect to medical assistance provided to an
individual described in section 214A of the Immigration and
Nationality Act.''.
(c) Effective Date.--The amendments made by this section
shall apply to benefits for items and services furnished on
or after the date of the enactment of this Act.
SEC. 4416. INTERNATIONAL PARTICIPATION IN THE PERFORMING
ARTS.
Section 214(c)(6)(D) (8 U.S.C. 1184(c)(6)(D)) is amended--
(1) in the first sentence, by inserting ``(i)'' before
``Any person'';
(2) in the second sentence--
(A) by striking ``Once'' and inserting ``Except as provided
in clause (ii), once''; and
(B) by striking ``Attorney General shall'' and inserting
``Secretary of Homeland Security shall'';
(3) in the third sentence, by striking ``The Attorney
General'' and inserting ``The Secretary''; and
(4) by adding at the end the following:
``(ii) The Secretary of Homeland Security shall adjudicate
each petition for an alien with extraordinary ability in the
arts (as described in section 101(a)(15)(O)(i)), an alien
accompanying such an alien (as described in clauses (ii) and
(iii) of section 101(a)(15)(O)), or an alien described in
section 101(a)(15)(P) (other than an alien described in
paragraph (4)(A) (relating to athletes)) not later than 14
days after--
``(I) the date on which the petitioner submits the petition
with a written advisory opinion, letter of no objection, or
request for a waiver; or
``(II) the date on which the 15-day period described in
clause (i) has expired, if the petitioner has had an
appropriate opportunity to supply rebuttal evidence.
``(iii) If a petition described in clause (ii) is not
adjudicated before the end of the 14-day period described in
clause (ii) and the petitioner is an arts organization
described in paragraph (3), (5), or (6) of section 501(c) of
the Internal Revenue Code of 1986 and exempt from tax under
section 501(a) of such Code for the taxable year preceding
the calendar year in which the petition is submitted, or an
individual or entity petitioning primarily on behalf of such
an organization, the Secretary of Homeland Security shall
provide the petitioner with the premium processing services
referred to in section 286(u), without a fee.''.
SEC. 4417. LIMITATION ON ELIGIBILITY OF CERTAIN NONIMMIGRANTS
FOR HEALTH-RELATED PROGRAMS.
(a) In General.--Section 1903(v)(4)(A) of the Social
Security Act (42 U.S.C. 1396b(v)(4)(A)) is amended by
inserting ``, but not including a nonimmigrant described in
subparagraph (B) or (F) of section 101(a)(15) of the
Immigration and Nationality Act'' after ``section 431(c) of
such Act''.
(b) Conforming Changes to Regulations.--
(1) Secretary of health and human services.--The Secretary
of Health and Human Services shall conform all regulations
promulgated by the Secretary of Health and Human Services
that reference the term ``lawfully present'' for purposes of
health-related programs administered by the Secretary of
Health and Human Services to reflect the amendment made by
subsection (a) to the definition of ``lawfully residing'' in
section 1903(v)(4)(A) of the Social Security Act (42 U.S.C.
1396b(v)(4)(A)).
(2) Secretary of the treasury.--The Secretary of the
Treasury shall make the same changes to regulations
promulgated by the Secretary of the Treasury that reference
the term ``lawfully present'' for purposes of health-related
programs administered by the Secretary of the Treasury as the
Secretary of Health and Human Services makes under paragraph
(1).
Subtitle E--JOLT Act
SEC. 4501. SHORT TITLES.
This subtitle may be cited as the ``Jobs Originated through
Launching Travel Act of 2013'' or the ``JOLT Act of 2013''.
SEC. 4502. PREMIUM PROCESSING.
Section 221 (8 U.S.C. 1201) is amended by inserting at the
end the following:
``(j) Premium Processing.--
``(1) Pilot processing service.--Recognizing that the best
solution for expedited processing is low interview wait times
for all applicants, the Secretary of State shall nevertheless
establish, on a limited, pilot basis only, a fee-based
premium processing service to expedite interview
appointments. In establishing a pilot processing service, the
Secretary may--
``(A) determine the consular posts at which the pilot
service will be available;
``(B) establish the duration of the pilot service;
``(C) define the terms and conditions of the pilot service,
with the goal of expediting visa appointments and the
interview process for those electing to pay said fee for the
service; and
``(D) resources permitting, during the pilot service,
consider the addition of consulates in locations advantageous
to foreign policy objectives or in highly populated locales.
``(2) Fees.--
``(A) Authority to collect.--The Secretary of State is
authorized to collect, and set the amount of, a fee imposed
for the premium processing service. The Secretary of State
shall set the fee based on all relevant considerations
including, the cost of expedited service.
``(B) Use of fees.--Fees collected under the authority of
subparagraph (A) shall be deposited as an offsetting
collection to any Department of State appropriation, to
recover the costs of providing consular services. Such fees
shall remain available for obligation until expended.
``(C) Relationship to other fees.--Such fee is in addition
to any existing fee currently being collected by the
Department of State.
``(D) Nonrefundable.--Such fee will be nonrefundable to the
applicant.
``(3) Description of premium processing.--Premium
processing pertains solely to the expedited scheduling of a
visa interview. Utilizing the premium processing service for
an expedited interview appointment does not establish the
applicant's eligibility for a visa. The Secretary of State
shall, if possible, inform applicants utilizing the premium
processing of potential delays in visa issuance due to
additional screening requirements, including necessary
security-related checks and clearances.
``(4) Report to congress.--
``(A) Requirement for report.--Not later than 18 months
after the date of the enactment of the JOLT Act of 2013, the
Secretary of State shall submit to the appropriate committees
of Congress a report on the results of the pilot service
carried out under this section.
``(B) Appropriate committees of congress defined.--In this
paragraph, the term `appropriate committees of Congress'
means--
``(i) the Committee on the Judiciary, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
``(ii) the Committee on the Judiciary, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.''.
SEC. 4503. ENCOURAGING CANADIAN TOURISM TO THE UNITED STATES.
Section 214 (8 U.S.C. 1184), as amended by sections 3609,
4233, and 4405, is further amended by adding at the end the
following:
``(v) Canadian Retirees.--
``(1) In general.--The Secretary of Homeland Security may
admit as a visitor for pleasure as described in section
101(a)(15)(B) any alien for a period not to exceed 240 days,
if the alien demonstrates, to the satisfaction of the
Secretary, that the alien--
``(A) is a citizen of Canada;
``(B) is at least 55 years of age;
``(C) maintains a residence in Canada;
``(D) owns a residence in the United States or has signed a
rental agreement for accommodations in the United States for
the duration of the alien's stay in the United States;
``(E) is not inadmissible under section 212;
``(F) is not described in any ground of deportability under
section 237;
``(G) will not engage in employment or labor for hire in
the United States; and
``(H) will not seek any form of assistance or benefit
described in section 403(a) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1613(a)).
``(2) Spouse.--The spouse of an alien described in
paragraph (1) may be admitted under the same terms as the
principal alien if the spouse satisfies the requirements of
paragraph (1), other than subparagraphs (B) and (D).
[[Page S5458]]
``(3) Immigrant intent.--In determining eligibility for
admission under this subsection, maintenance of a residence
in the United States shall not be considered evidence of
intent by the alien to abandon the alien's residence in
Canada.
``(4) Period of admission.--During any single 365-day
period, an alien may be admitted as described in section
101(a)(15)(B) pursuant to this subsection for a period not to
exceed 240 days, beginning on the date of admission. Unless
an extension is approved by the Secretary, periods of time
spent outside the United States during such 240-day period
shall not toll the expiration of such 240-day period.''.
SEC. 4504. RETIREE VISA.
(a) Nonimmigrant Status.--Section 101(a)(15), as amended,
is further amended by inserting after subparagraph (X) the
following:
``(Y) subject to section 214(w), an alien who, after the
date of the enactment of the JOLT Act of 2013--
``(i)(I) uses at least $500,000 in cash to purchase 1 or
more residences in the United States, which each sold for
more than 100 percent of the most recent appraised value of
such residence, as determined by the property assessor in the
city or county in which the residence is located;
``(II) maintains ownership of residential property in the
United States worth at least $500,000 during the entire
period the alien remains in the United States as a
nonimmigrant described in this subparagraph; and
``(III) resides for more than 180 days per year in a
residence in the United States that is worth at least
$250,000; and
``(ii) the alien spouse and children of the alien described
in clause (i) if accompanying or following to join the
alien.''.
(b) Visa Application Procedures.--Section 214 (8 U.S.C.
1184), as amended by sections 3609, 4233, 4405, and 4503, is
further amended by adding at the end the following:
``(w) Visas of Nonimmigrants Described in Section
101(a)(15)(Y).--
``(1) The Secretary of Homeland Security shall authorize
the issuance of a nonimmigrant visa to any alien described in
section 101(a)(15)(Y) who submits a petition to the Secretary
that--
``(A) demonstrates, to the satisfaction of the Secretary,
that the alien--
``(i) has purchased a residence in the United States that
meets the criteria set forth in section 101(a)(15)(Y)(i);
``(ii) is at least 55 years of age;
``(iii) possesses health insurance coverage;
``(iv) is not inadmissible under section 212; and
``(v) will comply with the terms set forth in paragraph
(2); and
``(B) includes payment of a fee in an amount equal to
$1,000.
``(2) An alien who is issued a visa under this subsection--
``(A) shall reside in the United States at a residence that
meets the criteria set forth in section 101(a)(15)(Y)(i) for
more than 180 days per year;
``(B) is not authorized to engage in employment in the
United States, except for employment that is directly related
to the management of the residential property described in
section 101(Y)(i)(II);
``(C) is not eligible for any form of assistance or benefit
described in section 403(a) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1613(a)); and
``(D) may renew such visa every 3 years under the same
terms and conditions.''.
(c) Use of Fee.--Fees collected under section 214(w)(1)(B)
of the Immigration and Nationality Act, as added by
subsection (b), shall be deposited in the Comprehensive
Immigration Reform Trust Fund established under section
6(a)(1).
SEC. 4505. INCENTIVES FOR FOREIGN VISITORS VISITING THE
UNITED STATES DURING LOW PEAK SEASONS.
The Secretary of State shall make publically available, on
a monthly basis, historical data, for the previous 2 years,
regarding the availability of visa appointments for each visa
processing post, to allow applicants to identify periods of
low demand, when wait times tend to be lower.
SEC. 4506. VISA WAIVER PROGRAM ENHANCED SECURITY AND REFORM.
(a) Definitions.--Section 217(c)(1) (8 U.S.C. 1187(c)(1))
is amended to read as follows:
``(1) Authority to designate; definitions.--
``(A) Authority to designate.--The Secretary of Homeland
Security, in consultation with the Secretary of State, may
designate any country as a program country if that country
meets the requirements under paragraph (2).
``(B) Definitions.--In this subsection:
``(i) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(I) the Committee on Foreign Relations, the Committee on
Homeland Security and Governmental Affairs, and the Committee
on the Judiciary of the Senate; and
``(II) the Committee on Foreign Affairs, the Committee on
Homeland Security, and the Committee on the Judiciary of the
House of Representatives.
``(ii) Overstay rate.--
``(I) Initial designation.--The term `overstay rate' means,
with respect to a country being considered for designation in
the program, the ratio of--
``(aa) the number of nationals of that country who were
admitted to the United States on the basis of a nonimmigrant
visa under section 101(a)(15)(B) whose periods of authorized
stay ended during a fiscal year but who remained unlawfully
in the United States beyond such periods; to
``(bb) the number of nationals of that country who were
admitted to the United States on the basis of a nonimmigrant
visa under section 101(a)(15)(B) whose periods of authorized
stay ended during that fiscal year.
``(II) Continuing designation.--The term `overstay rate'
means, for each fiscal year after initial designation under
this section with respect to a country, the ratio of--
``(aa) the number of nationals of that country who were
admitted to the United States under this section or on the
basis of a nonimmigrant visa under section 101(a)(15)(B)
whose periods of authorized stay ended during a fiscal year
but who remained unlawfully in the United States beyond such
periods; to
``(bb) the number of nationals of that country who were
admitted to the United States under this section or on the
basis of a nonimmigrant visa under section 101(a)(15)(B)
whose periods of authorized stay ended during that fiscal
year.
``(III) Computation of overstay rate.--In determining the
overstay rate for a country, the Secretary of Homeland
Security may utilize information from any available databases
to ensure the accuracy of such rate.
``(iii) Program country.--The term `program country' means
a country designated as a program country under subparagraph
(A).''.
(b) Technical and Conforming Amendments.--Section 217 (8
U.S.C. 1187) is amended--
(1) by striking ``Attorney General'' each place the term
appears (except in subsection (c)(11)(B)) and inserting
``Secretary of Homeland Security''; and
(2) in subsection (c)--
(A) in paragraph (2)(C)(iii), by striking ``Committee on
the Judiciary and the Committee on International Relations of
the House of Representatives and the Committee on the
Judiciary and the Committee on Foreign Relations of the
Senate'' and inserting ``appropriate congressional
committees'';
(B) in paragraph (5)(A)(i)(III), by striking ``Committee on
the Judiciary, the Committee on Foreign Affairs, and the
Committee on Homeland Security, of the House of
Representatives and the Committee on the Judiciary, the
Committee on Foreign Relations, and the Committee on Homeland
Security and Governmental Affairs of the Senate'' and
inserting ``appropriate congressional committees''; and
(C) in paragraph (7), by striking subparagraph (E).
(c) Designation of Program Countries Based on Overstay
Rates.--
(1) In general.--Section 217(c)(2)(A) (8 U.S.C.
1187(c)(2)(A)) is amended to read as follows:
``(A) General numerical limitations.--
``(i) Low nonimmigrant visa refusal rate.--The percentage
of nationals of that country refused nonimmigrant visas under
section 101(a)(15)(B) during the previous full fiscal year
was not more than 3 percent of the total number of nationals
of that country who were granted or refused nonimmigrant
visas under such section during such year.
``(ii) Low nonimmigrant overstay rate.--The overstay rate
for that country was not more than 3 percent during the
previous fiscal year.''.
(2) Qualification criteria.--Section 217(c)(3) (8 U.S.C.
1187(c)(3)) is amended to read as follows:
``(3) Qualification criteria.--After designation as a
program country under section 217(c)(2), a country may not
continue to be designated as a program country unless the
Secretary of Homeland Security, in consultation with the
Secretary of State, determines, pursuant to the requirements
under paragraph (5), that the designation will be
continued.''.
(3) Initial period.--Section 217(c) (8 U.S.C. 1187(c)) is
amended by striking paragraph (4).
(4) Continuing designation.--Section 217(c)(5)(A)(i)(II) (8
U.S.C. 1187(c)(5)(A)(i)(II)) is amended to read as follows:
``(II) shall determine, based upon the evaluation in
subclause (I), whether any such designation under subsection
(d) or (f), or probation under subsection (f), ought to be
continued or terminated;''.
(5) Computation of visa refusal rates; judicial review.--
Section 217(c)(6) (8 U.S.C. 1187(c)(6)) is amended to read as
follows:
``(6) Computation of visa refusal rates and judicial
review.--
``(A) Computation of visa refusal rates.--For purposes of
determining the eligibility of a country to be designated as
a program country, the calculation of visa refusal rates
shall not include any visa refusals which incorporate any
procedures based on, or are otherwise based on, race, sex, or
disability, unless otherwise specifically authorized by law
or regulation.
``(B) Judicial review.--No court shall have jurisdiction
under this section to review any visa refusal, the Secretary
of State's computation of a visa refusal rate, the Secretary
of Homeland Security's computation of an overstay rate, or
the designation or nondesignation of a country as a program
country.''.
(6) Visa waiver information.--Section 217(c)(7) (8 U.S.C.
1187(c)(7)), as amended by subsection (b)(2)(C), is further
amended--
[[Page S5459]]
(A) by striking subparagraphs (B) through (D); and
(B) by striking ``waiver information.--'' and all that
follows through ``In refusing'' and inserting ``waiver
information.--In refusing''.
(7) Waiver authority.--Section 217(c)(8) (8 U.S.C.
1187(c)(8)) is amended to read as follows:
``(8) Waiver authority.--The Secretary of Homeland
Security, in consultation with the Secretary of State, may
waive the application of paragraph (2)(A)(i) for a country
if--
``(A) the country meets all other requirements of paragraph
(2);
``(B) the Secretary of Homeland Security determines that
the totality of the country's security risk mitigation
measures provide assurance that the country's participation
in the program would not compromise the law enforcement,
security interests, or enforcement of the immigration laws of
the United States;
``(C) there has been a general downward trend in the
percentage of nationals of the country refused nonimmigrant
visas under section 101(a)(15)(B);
``(D) the country consistently cooperated with the
Government of the United States on counterterrorism
initiatives, information sharing, preventing terrorist
travel, and extradition to the United States of individuals
(including the country's own nationals) who commit crimes
that violate United States law before the date of its
designation as a program country, and the Secretary of
Homeland Security and the Secretary of State assess that such
cooperation is likely to continue; and
``(E) the percentage of nationals of the country refused a
nonimmigrant visa under section 101(a)(15)(B) during the
previous full fiscal year was not more than 10 percent of the
total number of nationals of that country who were granted or
refused such nonimmigrant visas.''.
(d) Termination of Designation; Probation.--Section 217(f)
(8 U.S.C. 1187(f)) is amended to read as follows:
``(f) Termination of Designation; Probation.--
``(1) Definitions.--In this subsection:
``(A) Probationary period.--The term `probationary period'
means the fiscal year in which a probationary country is
placed in probationary status under this subsection.
``(B) Program country.--The term `program country' has the
meaning given that term in subsection (c)(1)(B).
``(2) Determination, notice, and initial probationary
period.--
``(A) Determination of probationary status and notice of
noncompliance.--As part of each program country's periodic
evaluation required by subsection (c)(5)(A), the Secretary of
Homeland Security shall determine whether a program country
is in compliance with the program requirements under
subparagraphs (A)(ii) through (F) of subsection (c)(2).
``(B) Initial probationary period.--If the Secretary of
Homeland Security determines that a program country is not in
compliance with the program requirements under subparagraphs
(A)(ii) through (F) of subsection (c)(2), the Secretary of
Homeland Security shall place the program country in
probationary status for the fiscal year following the fiscal
year in which the periodic evaluation is completed.
``(3) Actions at the end of the initial probationary
period.--At the end of the initial probationary period of a
country under paragraph (2)(B), the Secretary of Homeland
Security shall take 1 of the following actions:
``(A) Compliance during initial probationary period.--If
the Secretary determines that all instances of noncompliance
with the program requirements under subparagraphs (A)(ii)
through (F) of subsection (c)(2) that were identified in the
latest periodic evaluation have been remedied by the end of
the initial probationary period, the Secretary shall end the
country's probationary period.
``(B) Noncompliance during initial probationary period.--If
the Secretary determines that any instance of noncompliance
with the program requirements under subparagraphs (A)(ii)
through (F) of subsection (c)(2) that were identified in the
latest periodic evaluation has not been remedied by the end
of the initial probationary period--
``(i) the Secretary may terminate the country's
participation in the program; or
``(ii) on an annual basis, the Secretary may continue the
country's probationary status if the Secretary, in
consultation with the Secretary of State, determines that the
country's continued participation in the program is in the
national interest of the United States.
``(4) Actions at the end of additional probationary
periods.--At the end of all probationary periods granted to a
country pursuant to paragraph (3)(B)(ii), the Secretary shall
take 1 of the following actions:
``(A) Compliance during additional period.--The Secretary
shall end the country's probationary status if the Secretary
determines during the latest periodic evaluation required by
subsection (c)(5)(A) that the country is in compliance with
the program requirements under subparagraphs (A)(ii) through
(F) of subsection (c)(2).
``(B) Noncompliance during additional periods.--The
Secretary shall terminate the country's participation in the
program if the Secretary determines during the latest
periodic evaluation required by subsection (c)(5)(A) that the
program country continues to be in noncompliance with the
program requirements under subparagraphs (A)(ii) through (F)
of subsection (c)(2).
``(5) Effective date.--The termination of a country's
participation in the program under paragraph (3)(B) or (4)(B)
shall take effect on the first day of the first fiscal year
following the fiscal year in which the Secretary determines
that such participation shall be terminated. Until such date,
nationals of the country shall remain eligible for a waiver
under subsection (a).
``(6) Treatment of nationals after termination.--For
purposes of this subsection and subsection (d)--
``(A) nationals of a country whose designation is
terminated under paragraph (3) or (4) shall remain eligible
for a waiver under subsection (a) until the effective date of
such termination; and
``(B) a waiver under this section that is provided to such
a national for a period described in subsection (a)(1) shall
not, by such termination, be deemed to have been rescinded or
otherwise rendered invalid, if the waiver is granted prior to
such termination.
``(7) Consultative role of the secretary of state.--In this
subsection, references to subparagraphs (A)(ii) through (F)
of subsection (c)(2) and subsection (c)(5)(A) carry with them
the consultative role of the Secretary of State as provided
in those provisions.''.
(e) Review of Overstay Tracking Methodology.--Not later
than 180 days after the date of the enactment of this Act,
the Comptroller General of the United States shall conduct a
review of the methods used by the Secretary--
(1) to track aliens entering and exiting the United States;
and
(2) to detect any such alien who stays longer than such
alien's period of authorized admission.
(f) Evaluation of Electronic System for Travel
Authorization.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to
Congress--
(1) an evaluation of the security risks of aliens who enter
the United States without an approved Electronic System for
Travel Authorization verification; and
(2) a description of any improvements needed to minimize
the number of aliens who enter the United States without the
verification described in paragraph (1).
(g) Sense of Congress on Priority for Review of Program
Countries.--It is the sense of Congress that the Secretary,
in the process of conducting evaluations of countries
participating in the visa waiver program under section 217 of
the Immigration and Nationality Act (8 U.S.C. 1187), should
prioritize the reviews of countries in which circumstances
indicate that such a review is necessary or desirable.
(h) Eligibility of Hong Kong Special Administrative Region
for Designation for Participation in Visa Waiver Program for
Certain Visitors to the United States.--Section 217(c) (8
U.S.C. 1187(c)) is amended by adding at the end the following
new paragraph:
``(12) Eligibility of certain region for designation as
program country.--The Hong Kong Special Administrative Region
of the People's Republic of China--
``(A) shall be eligible for designation as a program
country for purposes of this subsection; and
``(B) may be designated as a program country for purposes
of this subsection if such region meets requirements
applicable for such designation in this subsection.''.
SEC. 4507. EXPEDITING ENTRY FOR PRIORITY VISITORS.
Section 7208(k)(4) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (8 U.S.C. 1365b(k)(4)) is amended to
read as follows:
``(4) Expediting entry for priority visitors.--
``(A) In general.--The Secretary of Homeland Security may
expand the enrollment across registered traveler programs to
include eligible individuals employed by international
organizations, selected by the Secretary, which maintain
strong working relationships with the United States.
``(B) Requirements.--An individual may not be enrolled in a
registered traveler program unless--
``(i) the individual is sponsored by an international
organization selected by the Secretary under subparagraph
(A); and
``(ii) the government that issued the passport that the
individual is using has entered into a Trusted Traveler
Arrangement with the Department of Homeland Security to
participate in a registered traveler program.
``(C) Security requirements.--An individual may not be
enrolled in a registered traveler program unless the
individual has successfully completed all applicable security
requirements established by the Secretary, including
cooperation from the applicable foreign government, to ensure
that the individual does not pose a risk to the United
States.
``(D) Discretion.--Except as provided in subparagraph (E),
the Secretary shall retain unreviewable discretion to offer
or revoke enrollment in a registered traveler program to any
individual.
``(E) Ineligible travelers.--An individual who is a citizen
of a state sponsor of terrorism (as defined in section
301(13) of the Comprehensive Iran Sanctions, Accountability,
and Divestment Act of 2010 (22 U.S.C. 8541(13)) may not be
enrolled in a registered traveler program.''.
[[Page S5460]]
SEC. 4508. VISA PROCESSING.
(a) In General.--Notwithstanding any other provision of law
and not later than 90 days after the date of the enactment of
this Act, the Secretary of State shall--
(1) require United States diplomatic and consular
missions--
(A) to conduct visa interviews for nonimmigrant visa
applications determined to require a consular interview in an
expeditious manner, consistent with national security
requirements, and in recognition of resource allocation
considerations, such as the need to ensure provision of
consular services to citizens of the United States;
(B) to set a goal of interviewing 80 percent of all
nonimmigrant visa applicants, worldwide, within 3 weeks of
receipt of application, subject to the conditions outlined in
subparagraph (A); and
(C) to explore expanding visa processing capacity in China
and Brazil, with the goal of maintaining interview wait times
under 15 work days on a consistent, year-round basis,
recognizing that demand can spike suddenly and unpredictably
and that the first priority of United States missions abroad
is the protection of citizens of the United States; and
(2) submit to the appropriate committees of Congress a
detailed strategic plan that describes the resources needed
to carry out paragraph (1)(A).
(b) Appropriate Committees of Congress.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on the Judiciary, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(2) the Committee on the Judiciary, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
(c) Semi-Annual Report.--Not later than 30 days after the
end of the first 6 months after the implementation of
subsection (a), and not later than 30 days after the end of
each subsequent quarter, the Secretary of State shall submit
to the appropriate committees of Congress a report that
provides--
(1) data substantiating the efforts of the Secretary of
State to meet the requirements and goals described in
subsection (a);
(2) any factors that have negatively impacted the efforts
of the Secretary to meet such requirements and goals; and
(3) any measures that the Secretary plans to implement to
meet such requirements and goals.
(d) Savings Provision.--
(1) In general.--Nothing in subsection (a) may be construed
to affect a consular officer's authority--
(A) to deny a visa application under section 221(g) of the
Immigration and Nationality Act (8 U.S.C. 1201(g)); or
(B) to initiate any necessary or appropriate security-
related check or clearance.
(2) Security checks.--The completion of a security-related
check or clearance shall not be subject to the time limits
set out in subsection (a).
SEC. 4509. B VISA FEE.
Section 281 (8 U.S.C. 1351), as amended by sections 4105,
4407, and 4408, is further amended by adding at the end the
following:
``(g) B Visa Fee.--In addition to the fees authorized under
subsection (a), the Secretary of Homeland Security shall
collect a $5 fee from each nonimmigrant admitted under
section 101(a)(15)(B). Fees collected under this subsection
shall be deposited into the Comprehensive Immigration Reform
Trust Fund established under section 6(a)(1) of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996.''.
Subtitle F--Reforms to the H-2B Visa Program
SEC. 4601. EXTENSION OF RETURNING WORKER EXEMPTION TO H-2B
NUMERICAL LIMITATION.
(a) In General.--
(1) In general.--Subparagraph (A) of paragraph (10) of
section 214(g) (8 U.S.C. 1184(g)), as redesignated by section
4101(a)(3), is amended by striking ``fiscal year 2004, 2005,
or 2006 shall not again be counted toward such limitation
during fiscal year 2007.'' and inserting ``fiscal year 2013
shall not again be counted toward such limitation during
fiscal years 2014 through 2018.''.
(2) Effective period.--The amendment made by paragraph (1)
shall be effective during the period beginning on the
effective date described in subsection (c) and ending on
September 30, 2018.
(b) Technical and Clarifying Amendments.--
(1) Nonimmigrant status.--Section 101(a)(15)(P) (8 U.S.C.
1101(a)(15)(P)) is amended--
(A) in clause (iii), by striking ``or'' at the end;
(B) in clause (iv), by striking ``clause (i), (ii), or
(iii),'' and inserting ``clause (i), (ii), (iii), or (iv)'';
(C) by redesignating clause (iv) as clause (v); and
(D) by inserting after clause (iii) the following:
``(iv) is a ski instructor, who has been certified as a
level I, II, or III ski and snowboard instructor by the
Professional Ski Instructors of America or the American
Association of Snowboard Instructors, or received an
equivalent certification in the alien's country of origin,
and is seeking to enter the United States temporarily to
perform instructing services; or''.
(2) Authorized period of stay; numerical limitation.--
Section 214(a)(2)(B) (8 U.S.C. 1184(a)(2)(B)) is amended in
the second sentence--
(A) by inserting ``or ski instructors'' after ``athletes'';
and
(B) by inserting ``or ski instructor'' after ``athlete''.
(3) Construction.--Nothing in the amendments made by this
subsection may be construed as preventing an alien who is a
ski instructor from obtaining nonimmigrant status under
section 101(a)(15)(H)(ii)(b) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) if such
alien is otherwise qualified for such status.
(c) Effective Date.--The amendment made by subsection (a)
shall take effect as if enacted on January 1, 2013.
SEC. 4602. OTHER REQUIREMENTS FOR H-2B EMPLOYERS.
Section 214 (8 U.S.C. 1184), as amended by sections 3609,
4233, 4405, 4503, and 4504, is further amended by adding at
the end the following:
``(x) Requirements for H-2B Employers.--
``(1) H-2B nonimmigrant defined.--In this subsection the
term `H-2B nonimmigrant' means an alien admitted to the
United States pursuant to section 101(a)(15)(H)(ii)(B).
``(2) Non-displacement of united states workers.--An
employer who seeks to employ an H-2B nonimmigrant admitted in
an occupational classification shall certify and attest that
the employer did not displace and will not displace a United
States worker employed by the employer in the same
metropolitan statistical area where such nonimmigrant will be
hired within the period beginning 90 days before the start
date and ending on the end date for which the employer is
seeking the services of such nonimmigrant as specified on an
application for labor certification under this Act.
``(3) Transportation costs.--The employer shall pay the
transportation costs, including reasonable subsistence costs
during the period of travel, for an H-2B nonimmigrant hired
by the employer--
``(A) from the place of recruitment to the place of such
nonimmigrant's employment; and
``(B) from the place of employment to such nonimmigrant's
place of permanent residence or a subsequent worksite.
``(4) Payment of fees.--A fee related to the hiring of an
H-2B nonimmigrant required to be paid by an employer under
this Act shall be paid by the employer and may not be
deducted from the wages or other compensation paid to an H-2B
nonimmigrant.
``(5) H-2B nonimmigrant labor certification application
fee.--
``(A) In general.--To recover costs of carrying out labor
certification activities under the H-2B program, the
Secretary of Labor shall impose a $500 fee on an employer
that submits an application for an employment certification
for aliens granted H-2B nonimmigrant status to the Secretary
of Labor under this subparagraph on or after the date that is
30 days after the date of the enactment of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996.''.
``(B) Use of fees.--The fees collected under subparagraph
(A) shall be deposited in the Comprehensive Immigration
Reform Trust Fund established under section 6 of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996.''.
SEC. 4603. EXECUTIVES AND MANAGERS.
Section 214(a)(1) (8 U.S.C. 1184(a)(1)) is amended by
adding at the end the following: ``Aliens admitted under
section 101(a)(15) should include--
``(A) executives and managers employed by a firm or
corporation or other legal entity or an affiliate or
subsidiary thereof who are principally stationed abroad and
who seek to enter the United States for periods of 90 days or
less to oversee and observe the United States operations of
their related companies, and establish strategic objectives
when needed; or
``(B) employees of multinational corporations who enter the
United States to observe the operations of a related United
States company and participate in select leadership and
development training activities, whether or not the activity
is part of a formal or classroom training program for a
period not to exceed 180 days.
Nonimmigrant aliens admitted pursuant to section 101(a)(15)
and engaged in the activities described in the subparagraph
(A) or (B) may not receive a salary from a United States
source, except for incidental expenses for meals, travel,
lodging and other basic services.''.
SEC. 4604. HONORARIA.
Section 212(q) (8 U.S.C. 1182(q)) is amended to read as
follows:
``(q)(1) Any alien admitted under section 101(a)(15)(B) may
accept an honorarium payment and associated incidental
expenses, for a usual academic activity or activities
(lasting not longer than 9 days at any single institution),
as defined by the Attorney General in consultation with the
Secretary of Education, or for a performance, appearance and
participation in United States based programming, including
scripted or unscripted programming (with services not
rendered for more than 60 days in a 6 month period) if the
alien has received a letter of invitation from the
institution, organization, or media outlet, such payment is
offered by an institution, organization, or media outlet
described in paragraph (2) and is made for services conducted
for the benefit of that institution, entity or media outlet
and if the alien has not
[[Page S5461]]
accepted such payment or expenses from more than 5
institutions, organizations, or media outlets in the previous
6-month period. Any alien who is admitted under section
101(a)(15)(B) or any other valid visa may perform services
under this section without reentering the United States and
without a letter of invitation, if the alien does not receive
any remuneration including an honorarium payment or
incidental expenses, but may receive prize money.
``(2) An institution, organization, or media outlet
described in this paragraph--
``(A) an institution of higher education (as defined in
section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a))) or a related or affiliated nonprofit entity;
``(B) a nonprofit research organization or a governmental
research organization; and
``(C) a broadcast network, cable entity, production
company, new media, internet and mobile based companies, who
create or distribute programming content.''.
SEC. 4605. NONIMMIGRANTS PARTICIPATING IN RELIEF OPERATIONS.
Section 214 (8 U.S.C. 1184), as amended by sections 3609,
4233, 4405, 4503, 4504, and 4602, is further amended by
adding at the end following:
``(y) Nonimmigrants Participating in Relief Operations.--
``(1) In general.--An alien coming individually, or aliens
coming as a group, to participate in relief operations,
including critical infrastructure repairs or improvements,
needed in response to a Federal or State declared emergency
or disaster, may be admitted to the United States pursuant to
section 101(a)(15)(B) for a period of not more than 90 days
if each such alien has been employed in a foreign country by
1 employer for not less than 1 year prior to the date the
alien is so admitted.
``(2) Prohibition on direct payments from a united states
source.--During a period of admission pursuant to paragraph
(1), an alien may not receive direct payments from a United
States source, except for incidental expenses for meals,
travel, lodging, and other basic services.''.
SEC. 4606. NONIMMIGRANTS PERFORMING MAINTENANCE ON COMMON
CARRIERS.
Section 214 (8 U.S.C. 1184), as amended by sections 3609,
4233, 4405, 4503, 4504, 4602, and 4603, is further amended by
adding at the end following:
``(z) Nonimmigrants Performing Maintenance on Common
Carrier.--
``(1) In general.--An alien coming individually, or aliens
coming as a group, who possess specialized knowledge to
perform maintenance or repairs for common carriers, including
to airlines, cruise lines, and railways, if such maintenance
or repairs are occurring to equipment or machinery
manufactured outside of the United States and are needed for
purposes relating to life, health, and safety, may be
admitted to the United States pursuant to section
101(a)(15)(B) for a period of not more than 90 days if each
such alien has been employed in a foreign country by 1
employer for not less than 1 year prior to the date the alien
is so admitted.
``(2) Prohibition on income from a united states source.--
During a period of admission pursuant to paragraph (1), an
alien may not receive income from a United States source,
except for incidental expenses for meals, travel, lodging,
and other basic services.
``(3) Fee.--
``(A) In general.--An alien admitted pursuant to paragraph
(1) shall pay a fee of $500 in addition to any fee assessed
to cover the costs to process an application under this
subsection.
``(B) Use of fee.--The fees collected under subparagraph
(A) shall be deposited in the Comprehensive Immigration
Reform Trust Fund established under section 6(a)(1) of the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996.''.
SEC. 4607. AMERICAN JOBS IN AMERICAN FORESTS.
(a) Short Title.--This section may be cited as the
``American Jobs in American Forests Act of 2013''.
(b) Definitions.--In this section:
(1) Forestry.--The term ``forestry'' means--
(A) propagating, protecting, and managing forest tracts;
(B) felling trees and cutting them into logs;
(C) using hand tools or operating heavy powered equipment
to perform activities such as preparing sites for planting,
tending crop trees, reducing competing vegetation, moving
logs, piling brush, and yarding and trucking logs from the
forest; and
(D) planting seedlings and trees.
(2) H-2B nonimmigrant.--The term ``H-2B nonimmigrant''
means a nonimmigrant described in section
101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(H)(ii)(b)).
(3) Prospective h-2b employer.--The term ``prospective H-2B
employer'' means a United States business that is considering
employing 1 or more nonimmigrants described in section
101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(H)(ii)(b)).
(4) State workforce agency.--The term ``State workforce
agency'' means the workforce agency of the State in which the
prospective H-2B employer intends to employ H-2B
nonimmigrants.
(c) Department of Labor.--
(1) Recruitment.--As a component of the labor certification
process required before H-2B nonimmigrants are offered
forestry employment in the United States, the Secretary of
Labor shall require all prospective H-2B employers, before
they submit a petition to hire H-2B nonimmigrants to work in
forestry, to conduct a robust effort to recruit United States
workers, including, to the extent the State workforce agency
considers appropriate--
(A) advertising at employment or job-placement events, such
as job fairs;
(B) placing the job opportunity with the State workforce
agency and working with such agency to identify qualified and
available United States workers;
(C) advertising in appropriate media, including local radio
stations and commonly used, reputable Internet job-search
sites; and
(D) such other recruitment efforts as the State workforce
agency considers appropriate for the sector or positions for
which H-2B nonimmigrants would be considered.
(2) Separate certifications and petitions.--A prospective
H-2B employer shall submit a separate application for
temporary employment certification and petition for each
State in which the employer plans to employ H-2B
nonimmigrants in forestry for a period of 7 days or longer.
The Secretary of Labor shall review each application for
temporary employment certification and decide separately
whether certification is warranted.
(d) State Workforce Agencies.--The Secretary of Labor may
not grant a temporary labor certification to a prospective H-
2B employer seeking to employ H-2B nonimmigrants in forestry
until after the Director of the State workforce agency, in
each State in which such workers are sought--
(1) submits a report to the Secretary of Labor certifying
that--
(A) the employer has complied with all recruitment
requirements set forth in subsection (c)(1) and there is
legitimate demand for the employment of H-2B nonimmigrants in
each of those States; or
(B) the employer has amended the application by removing or
making appropriate modifications with respect to the States
in which the criteria set forth in subparagraph (A) have not
been met; and
(2) makes a formal determination that nationals of the
United States are not qualified or available to fill the
employment opportunities offered by the prospective H-2B
employer.
Subtitle G--W Nonimmigrant Visas
SEC. 4701. BUREAU OF IMMIGRATION AND LABOR MARKET RESEARCH.
(a) Definitions.--In this section:
(1) Bureau.--Except as otherwise specifically provided, the
term ``Bureau'' means the Bureau of Immigration and Labor
Market Research established under subsection (b).
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner of the Bureau.
(3) Construction occupation.--The term ``construction
occupation'' means an occupation classified by the Bureau of
Labor Statistics as being within the construction industry
for the purposes of publishing the Bureau's workforce
statistics.
(4) Metropolitan statistical area.--The term ``metropolitan
statistical area'' means a geographic area designated as a
metropolitan statistical area by the Director of the Office
of Management and Budget.
(5) Shortage occupation.--The term ``shortage occupation''
means an occupation that the Commissioner determines is
experiencing a shortage of labor--
(A) throughout the United States; or
(B) in a specific metropolitan statistical area.
(6) W visa program.--The term ``W Visa Program'' means the
program for the admission of nonimmigrant aliens described in
subparagraph (W)(i) of section 101(a)(15) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)), as added by
section 4702.
(7) Zone 1 occupation.--The term ``zone 1 occupation''
means an occupation that requires little or no preparation
and is classified as a zone 1 occupation on--
(A) the Occupational Information Network Database (O*NET)
on the date of the enactment of this Act; or
(B) such Database or a similar successor database, as
designated by the Secretary of Labor, after the date of the
enactment of this Act.
(8) Zone 2 occupation.--The term ``zone 2 occupation''
means an occupation that requires some preparation and is
classified as a zone 2 occupation on--
(A) the Occupational Information Network Database (O*NET)
on the date of the enactment of this Act; or
(B) such Database or a similar successor database, as
designated by the Secretary of Labor, after the date of the
enactment of this Act.
(9) Zone 3 occupation.--The term ``zone 3 occupation''
means an occupation that requires medium preparation and is
classified as a zone 3 occupation on--
(A) the Occupational Information Network Database (O*NET)
on the date of the enactment of this Act; or
(B) such Database or a similar successor database, as
designated by the Secretary of Labor, after the date of the
enactment of this Act.
(b) Establishment.--There is established a Bureau of
Immigration and Labor Market Research as an independent
statistical agency within U.S. Citizenship and Immigration
Services.
(c) Commissioner.--The head of the Bureau of Immigration
and Labor Market Research
[[Page S5462]]
is the Commissioner, who shall be appointed by the President,
by and with the advice and consent of the Senate.
(d) Duties.--The duties of the Commissioner are limited to
the following:
(1) To devise a methodology subject to publication in the
Federal Register and an opportunity for public comment
regarding the calculation for the index referred to in
section 220(g)(2)(C) of the Immigration and Nationality Act,
as added by section 4703.
(2) To determine and to publish in the Federal Register the
annual change to the numerical limitation for nonimmigrant
aliens described in subparagraph (W)(i) of section 101(a)(15)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)), as added by section 4702.
(3) With respect to the W Visa Program, to supplement the
recruitment methods employers may use to attract United
States workers and current nonimmigrant aliens described in
paragraph (2).
(4) With respect to the W Visa Program, to devise a
methodology subject to publication in the Federal Register
and an opportunity for public comment to designate shortage
occupations in zone 1 occupations, zone 2 occupations, and
zone 3 occupations. Such methodology must designated Alaskan
seafood processing in zones 1, 2, and 3 as shortage
occupations.
(5) With respect to the W Visa Program, to designate
shortage occupations in any zone 1 occupation, zone 2
occupation, or zone 3 occupation and publish such occupations
in the Federal Register. Alaskan seafood processing in zones
1, 2, and 3 must be designated as shortage occupations.
(6) With respect to the W Visa Program, to conduct a survey
once every 3 months of the unemployment rate of zone 1
occupations, zone 2 occupations, or zone 3 occupations that
are construction occupations in each metropolitan statistical
area.
(7) To study and report to Congress on employment-based
immigrant and nonimmigrant visa programs in the United States
and to make annual recommendations to improve such programs.
(8) To carry out any functions required to perform the
duties described in paragraphs (1) through (7).
(e) Determination of Changes to Numerical Limitations.--The
methodology required under subsection (d)(1) shall be
published in the Federal Register not later than 18 months
after the date of the enactment of this Act.
(f) Designation of Shortage Occupations.--
(1) Methods to determine.--The Commissioner shall--
(A) establish the methodology to designate shortage
occupations under subsection (d)(4); and
(B) publish such methodology in the Federal Register not
later than 18 months after the date of the enactment of this
Act.
(2) Petition by employer.--The methodology established
under paragraph (1) shall permit an employer to petition the
Commissioner for a determination that a particular occupation
in a particular metropolitan statistical area is a shortage
occupation.
(3) Requirement for notice and comment.--The methodology
established under paragraph (1) shall be effective only after
publication in the Federal Register and an opportunity for
public comment.
(g) Employee Expertise.--The employees of the Bureau shall
have the expertise necessary to identify labor shortages in
the United States and make recommendations to the
Commissioner on the impact of immigrant and nonimmigrant
aliens on labor markets in the United States, including
expertise in economics, labor markets, demographics and
methods of recruitment of United States workers.
(h) Interagency Cooperation.--At the request of the
Commissioner, the Secretary of Commerce, the Director of the
Bureau of the Census, the Secretary of Labor, and the
Commissioner of the Bureau of Labor Statistics shall--
(1) provide data to the Commissioner;
(2) conduct appropriate surveys; and
(3) assist the Commissioner in preparing the
recommendations referred to subsection (d)(5).
(i) Budget.--
(1) Report.--Not later than 1 year after the date of the
enactment of this Act, the Director of U.S. Citizenship and
Immigration Services shall submit to Congress a report of the
estimated budget that the Bureau will need to carry out the
duties described in subsection (d).
(2) Audit.--The Comptroller General of the United States
shall submit to Congress a report that is an audit of the
budget prepared by the Director under paragraph (1).
(j) Funding.--
(1) Appropriation of funds.--There is hereby appropriated,
out of any money in the Treasury not otherwise appropriated,
$20,000,000 to establish the Bureau.
(2) Use of w nonimmigrant fees.--The amounts collected for
fees under section 220(e)(6)(B) of the Immigration and
Nationality Act, as added by section 4703, shall be used to
establish and fund the Bureau.
(3) Other fees.--The Secretary may establish other fees for
the sole purpose of funding the W Visa Program, including the
Bureau, that are related to the hiring of alien workers.
SEC. 4702. NONIMMIGRANT CLASSIFICATION FOR W NONIMMIGRANTS.
Section 101(a)(15)(W), as added by section 2211, is amended
by inserting before clause (iii) the following:
``(i) to perform services or labor for a registered
nonagricultural employer in a registered position (as those
terms are defined in section 220(a)) in accordance with the
requirements under section 220;
``(ii) to accompany or follow to join such an alien
described in clause (i) as the spouse or child of such
alien;''.
SEC. 4703. ADMISSION OF W NONIMMIGRANT WORKERS.
(a) In General.--Chapter 2 of title II (8 U.S.C. 1181 et
seq.) is amended by adding at the end the following:
``SEC. 220. ADMISSION OF W NONIMMIGRANT WORKERS.
``(a) Definitions.--In this section:
``(1) Bureau.--The term `Bureau' means the Bureau of
Immigration and Labor Market Research established by section
4701 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996.
``(2) Certified alien.--The term `certified alien' means an
alien that the Secretary of State has certified is eligible
to be a W nonimmigrant if the alien is hired by a registered
employer for a registered position.
``(3) Commissioner.--The term `Commissioner' means the
Commissioner of the Bureau.
``(4) Construction occupation.--The term `construction
occupation' means an occupation defined by the Bureau of
Labor Statistics as being within the construction industry
for the purposes of publishing the Bureau's workforce
statistics.
``(5) Department.--Except as otherwise provided, the term
`Department' means the Department of Homeland Security.
``(6) Eligible occupation.--The term `eligible occupation'
means an eligible occupation described in subsection (e)(3).
``(7) Employer.--
``(A) In general.--The term `employer' means any person or
entity hiring an individual for employment in the United
States.
``(B) Treatment of single employer.--For purposes of
determining the number of employees or United States workers
employed by an employer, a single entity shall be treated as
1 employer.
``(8) Excluded geographic location.--The term `excluded
geographic location' means an excluded geographic location
described in subsection (f).
``(9) Initial w nonimmigrant.--The term `initial W
nonimmigrant' means a certified alien issued a W nonimmigrant
visa by the Secretary of State pursuant to section
101(a)(15)(W)(i) in order to seek initial admission to the
United States to commence employment for a registered
employer in a registered position subject to the numerical
limit at section 220(g).
``(10) Metropolitan statistical area.--The term
`metropolitan statistical area' means a geographic area
designated as a metropolitan statistical area by the Director
of the Office of Management and Budget.
``(11) Registered employer.--The term `registered employer'
means a nonagricultural employer that the Secretary has
designated as a registered employer under subsection (d).
``(12) Secretary.--Except as otherwise specifically
provided, the term `Secretary' means the Secretary of
Homeland Security.
``(13) Single entity.--The term `single entity' means any
group treated as a single employer under subsection (b), (c),
(m), or (o) of section 414 of the Internal Revenue Code of
1986.
``(14) Shortage occupation.--The term `shortage occupation'
means a shortage occupation designated by the Commissioner
pursuant to section 4701(d)(4) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996.
``(15) Small business.--The term `small business' means an
employer that employs 25 or fewer full-time equivalent
employees.
``(16) United states worker.--The term `United States
worker' means an individual who is--
``(A) employed or seeking employment in the United States;
and
``(B)(i) a national of the United States;
``(ii) an alien lawfully admitted for permanent residence;
``(iii) an alien in Registered Provisional Immigrant
Status; or
``(iv) any other alien authorized to work in the United
States with no limitation as to the alien's employer.
``(17) W nonimmigrant.--The term `W nonimmigrant' means an
alien admitted as a nonimmigrant pursuant to section
101(a)(15)(W)(i).
``(18) W nonimmigrant visa.--The term `W nonimmigrant visa'
means a visa issued to a certified alien by the Secretary of
State pursuant to section 101(a)(15)(W)(i).
``(19) W visa program.--The term `W Visa Program' means the
program for the admission of nonimmigrant aliens described in
section 101(a)(15)(W)(i).
``(20) Zone 1 occupation.--The term `zone 1 occupation'
means an occupation that requires little or no preparation
and is classified as a zone 1 occupation on--
``(A) the Occupational Information Network Database (O*NET)
on the date of the enactment of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996; or
``(B) such Database or a similar successor database, as
designated by the Secretary of Labor, after the date of the
enactment of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996.
[[Page S5463]]
``(21) Zone 2 occupation.--The term `zone 2 occupation'
means an occupation that requires some preparation and is
classified as a zone 2 occupation on--
``(A) the Occupational Information Network Database (O*NET)
on the date of the enactment of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996; or
``(B) such Database or a similar successor database, as
designated by the Secretary of Labor, after the date of the
enactment of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996.
``(22) Zone 3 occupation.--The term `zone 3 occupation'
means an occupation that requires medium preparation and is
classified as a zone 3 occupation on--
``(A) the Occupational Information Network Database (O*NET)
on the date of the enactment of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996; or
``(B) such Database or a similar successor database, as
designated by the Secretary of Labor, after the date of the
enactment of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996.
``(b) Admission Into the United States.--
``(1) W nonimmigrants.--Subject to this section, a
certified alien is eligible to be admitted to the United
States as a W nonimmigrant if the alien is hired by a
registered employer for employment in a registered position
in a location that is not an excluded geographic location.
``(2) Spouse and minor children.--The--
``(A) alien spouse and minor children of a W nonimmigrant
may be admitted to the United States pursuant to clause (ii)
of section 101(a)(15)(W) during the period of the principal W
nonimmigrant's admission; and
``(B) such alien spouse shall be--
``(i) authorized to engage in employment in the United
States during such period of admission; and
``(ii) provided with an employment authorization document,
stamp, or other appropriate work permit.
``(c) W Nonimmigrants.--
``(1) Certified alien.--
``(A) Application.--An alien seeking to be a W nonimmigrant
shall apply to the Secretary of State at a United States
embassy or consulate in a foreign country to be a certified
alien.
``(B) Criteria.--An alien is eligible to be a certified
alien if the alien--
``(i) is not inadmissible under this Act;
``(ii) passes a criminal background check;
``(iii) agrees to accept only registered positions in the
United States; and
``(iv) meets other criteria as established by the
Secretary.
``(2) W nonimmigrant status.--Only an alien that is a
certified alien may be admitted to the United States as a W
nonimmigrant.
``(3) Initial employment.--A W nonimmigrant shall report to
such nonimmigrant's initial employment in a registered
position not later than 14 days after such nonimmigrant is
admitted to the United States.
``(4) Term of admission.--
``(A) Initial term.--A certified alien may be granted W
nonimmigrant status for an initial period of 3 years.
``(B) Renewal.--A W nonimmigrant may renew his or her
status as a W nonimmigrant for additional 3-year periods.
Such a renewal may be made while the W nonimmigrant is in the
United States and shall not require the alien to depart the
United States.
``(5) Periods of unemployment.--A W nonimmigrant--
``(A) may be unemployed for a period of not more than 60
consecutive days; and
``(B) shall depart the United States if such W nonimmigrant
is unable to obtain employment during such period.
``(6) Travel.--A W nonimmigrant may travel outside the
United States and be readmitted to the United States. Such
travel may not extend the period of authorized admission of
such W nonimmigrant.
``(d) Registered Employer.--
``(1) Application.--An employer seeking to be a registered
employer shall submit an application to the Secretary. Each
such application shall include the following:
``(A) Documentation to establish that the employer is a
bona-fide employer.
``(B) The employer's Federal tax identification number or
employer identification number issued by the Internal Revenue
Service.
``(C) The number of W nonimmigrants the employer estimates
it will seek to employ annually.
``(2) Referral for fraud investigation.--The Secretary may
refer an application submitted under paragraph (1) or
subsection (e)(1)(A) to the Fraud Detection and National
Security Directorate of U.S. Citizenship and Immigration
Services if there is evidence of fraud for potential
investigation.
``(3) Ineligible employers.--
``(A) In general.--Notwithstanding any other applicable
penalties under law, the Secretary may deny an employer's
application to be a registered employer if the Secretary
determines, after notice and an opportunity for a hearing,
that the employer submitting such application--
``(i) has, with respect to the application required under
paragraph (1), including any attestations required by law--
``(I) knowingly misrepresented a material fact;
``(II) knowingly made a fraudulent statement; or
``(III) knowingly failed to comply with the terms of such
attestations; or
``(ii) failed to cooperate in the audit process in
accordance with regulations promulgated by the Secretary;
``(iii) has been convicted of an offense set out in chapter
77 of title 18, United States Code, or any conspiracy to
commit such offenses, or any human trafficking offense under
State or territorial law;
``(iv) has, within 2 years prior to the date of
application--
``(I) received a final adjudication of having committed any
hazardous occupation orders violation resulting in injury or
death under the child labor provisions contained in section
12 of the Fair Labor Standards Act of 1938 (29 U.S.C. 211)
and any pertinent regulation;
``(II) received a final adjudication assessing a civil
money penalty for any repeated or willful violation of the
minimum wage provisions of section 6 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206); or
``(III) received a final adjudication assessing a civil
money penalty for any willful violation of the overtime
provisions of section 7 of the Fair Labor Standards Act of
1938 or any regulations thereunder; or
``(v) has, within 2 years prior to the date of application,
received a final adjudication for a willful violation or
repeated serious violations involving injury or death--
``(I) of section 5 of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 654);
``(II) of any standard, rule, or order promulgated pursuant
to section 6 of the Occupational Safety and Health Act of
1970 (29 U.S.C. 655); or
``(III) of a plan approved under section 18 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 667).
``(B) Length of ineligibility.--
``(i) Temporary ineligibility.--An employer described in
subparagraph (A) may be ineligible to be a registered
employer for a period that is not less than the time period
determined by the Secretary and not more than 3 years.
``(ii) Permanent ineligibility.--An employer who has been
convicted of any offense set out in chapter 77 of title 18,
United States Code, or any conspiracy to commit such
offenses, or any human trafficking offense under State or
territorial law shall be permanently ineligible to be a
registered employer.
``(4) Term of registration.--The Secretary shall approve
applications meeting the criteria of this subsection for a
term of 3 years.
``(5) Renewal.--An employer may submit an application to
renew the employer's status as a registered employer for
additional 3-year periods.
``(6) Fee.--At the time an employer's application to be a
registered employer or to renew such status is approved, such
employer shall pay a fee in an amount determined by the
Secretary to be sufficient to cover the costs of the registry
of such employers.
``(7) Continued eligibility.--Each registered employer
shall submit to the Secretary an annual report that
demonstrates that the registered employer has provided the
wages and working conditions the registered employer agreed
to provide to its employees.
``(e) Registered Positions.--
``(1) In general.--
``(A) Application.--Each registered employer shall submit
to the Secretary an application to designate a position for
which the employer is seeking a W nonimmigrant as a
registered position. The Secretary is authorized to determine
if the wage to be paid by the employer complies with
subparagraph (B)(iv). Each such application shall include a
description of each such position.
``(B) Attestation.--An application submitted under
subparagraph (A) shall include an attestation of the
following:
``(i) The number of full-time equivalent employees of the
employer.
``(ii) The occupational category, as classified by the
Secretary of Labor, for which the registered position is
sought.
``(iii) Whether the occupation for which the registered
position is sought is a shortage occupation.
``(iv) Except as provided in subsection (g)(4)(C)(i), the
wages to be paid to W nonimmigrants employed by the employer
in the registered position, including a position in a
shortage occupation, will be the greater of--
``(I) the actual wage level paid by the employer to other
employees with similar experience and qualifications for such
position; or
``(II) the prevailing wage level for the occupational
classification of the position in the metropolitan
statistical area of the employment, as determined by the
Secretary, based on the best information available as of the
time of filing the application.
``(v) The working conditions for W nonimmigrants will not
adversely affect the working conditions of other workers
employed in similar positions.
``(vi) The employer has carried out the recruiting
activities required by paragraph (2)(B).
``(vii) There is no qualified United States worker who has
applied for the position and who is ready, willing, and able
to fill such position pursuant to the requirements in
subparagraphs (B) and (C) of paragraph (2).
``(viii) There is not a strike, lockout, or work stoppage
in the course of a labor dispute in the occupation at the
place of employment at which the W nonimmigrant will be
employed. If such strike, lockout, or work
[[Page S5464]]
stoppage occurs following submission of the application, the
employer will provide notification in accordance with all
applicable regulations.
``(ix)(I) The employer has not laid off and will not layoff
a United States worker during the period beginning 90 days
prior to and ending 90 days after the date the employer files
an application for designation of a position for which the W
nonimmigrant is sought or hires such W nonimmigrant, unless
the employer has notified such United States worker of the
position and documented the legitimate reasons that such
United States worker is not qualified or available for the
position.
``(II) A United States worker is not laid off for purposes
of this subparagraph if, at the time such worker's employment
is terminated, such worker is not employed in the same
occupation and in the same metropolitan statistical area
where the registered position referred to in subclause (I) is
located.
``(C) Best information available.--In subparagraph
(B)(iv)(II), the term `best information available', with
respect to determining the prevailing wage for a position,
means--
``(i) a controlling collective bargaining agreement or
Federal contract wage, if applicable;
``(ii) if there is no applicable wage under clause (i), the
wage level commensurate with the experience, training, and
supervision required for the job based on Bureau of Labor
Statistics data; or
``(iii) if the data referred to in clause (ii) is not
available, a legitimate and recent private survey of the
wages paid for such positions in the metropolitan statistical
area.
``(D) Permit.--The Secretary shall provide each registered
employer whose application submitted under subparagraph (A)
is approved with a permit that includes the number and
description of such employer's approved registered positions.
``(E) Term of registration.--The approval of a registered
position under subparagraph (A) is for a term that begins on
the date of such approval and ends on the earlier of--
``(i) the date the employer's status as a registered
employer is terminated;
``(ii) 3 years after the date of such approval; or
``(iii) upon proper termination of the registered position
by the employer.
``(F) Registry of registered positions.--
``(i) Maintenance of registry.--The Secretary shall develop
and maintain a registry of approved registered positions for
which the Secretary has issued a permit under subparagraph
(D).
``(ii) Availability on website.--The registry required by
clause (i) shall be accessible on a website maintained by the
Secretary.
``(iii) Availability on state workforce agency websites.--
Each State workforce agency shall be linked to such registry
and provide access to such registry through the website
maintained by such agency.
``(iv) Conditions of availability on website.--
``(I) In general.--Each approved registered position for
which the Secretary has issued a permit shall be included in
the registry of registered positions maintained by the
Secretary and shall remain available for viewing on such
registry throughout the term of registration referred to in
subparagraph (E) or paragraph (5).
``(II) Indication of vacancy.--The Secretary shall ensure
that such registry indicates whether each approved registered
position in the registry is filled or unfilled.
``(III) Requirement for 10-day posting.--If a W
nonimmigrant's employment in a registered position ends,
either voluntarily or involuntarily, the Secretary shall
ensure that such registry indicates that the registered
position is unfilled for a period of 10 calendar days, unless
such registered position is filled by a United States worker.
``(2) Requirements.--
``(A) Eligible occupation.--Each registered position shall
be for a position in an eligible occupation as described in
paragraph (3).
``(B) Recruitment of united states workers.--
``(i) Requirements.--A position may not be a registered
position unless the registered employer--
``(I) advertises the position for a period of 30 days,
including the wage range, location, and proposed start date--
``(aa) on the Internet website maintained by the Secretary
of Labor for the purpose of such advertising; and
``(bb) with the workforce agency of the State where the
position will be located; and
``(II) except as provided for in subsection (g)(4)(B)(i),
carries out not less than 3 of the recruiting activities
described in subparagraph (C).
``(ii) Duration of advertising.--The 30 day periods
required by item (aa) of (bb) of clause (i)(I) may occur at
the same time.
``(C) Recruiting activities.--The recruiting activities
described in this subparagraph, with respect to a position
for which the employer is seeking a W nonimmigrant, shall
consist of any combination of the following as defined by the
Secretary of Homeland Security:
``(i) Advertising such position at job fairs.
``(ii) Advertising such position on the employer's external
website.
``(iii) Advertising such position on job search Internet
websites.
``(iv) Advertising such position using presentations or
postings at vocational, career technical schools, community
colleges, high schools, or other educational or training
sites.
``(v) Posting such position with trade associations.
``(vi) Utilizing a search firm to seek applicants for such
position.
``(vii) Advertising such position through recruitment
programs with placement offices at vocational schools, career
technical schools, community colleges, high schools, or other
educational or training sites.
``(viii) Advertising such position through advertising or
postings with local libraries, journals, or newspapers.
``(ix) Seeking a candidate for such position through an
employee referral program with incentives.
``(x) Advertising such position on radio or television.
``(xi) Advertising such position through advertising,
postings, or presentations with newspapers, Internet
websites, job fairs, or community events targeted to
constituencies designed to increase employee diversity.
``(xii) Advertising such position through career day
presentations at local high schools or community
organizations.
``(xiii) Providing in-house training.
``(xiv) Providing third-party training.
``(xv) Advertising such position through recruitment,
educational, or other cooperative programs offered by the
employer and a local economic development authority.
``(xvi) Advertising such position twice in the Sunday ads
in the primary daily circulation newspaper in the area.
``(xvii) Any other recruitment activities determined to be
appropriate to be added by the Commissioner.
``(3) Eligible occupation.--
``(A) In general.--An occupation is an eligible occupation
if the occupation--
``(i) is a zone 1 occupation, a zone 2 occupation, or zone
3 occupation; and
``(ii) is not an excluded occupation under subparagraph
(B).
``(B) Excluded occupations.--
``(i) Occupations requiring college degrees.--An occupation
that is listed in the Occupational Outlook Handbook published
by the Bureau of Labor Statistics (or similar successor
publication) that is classified as requiring an individual
with a bachelor's degree or higher level of education may not
be an eligible occupation.
``(ii) Computer occupations.--An occupation in the field of
computer operation, computer programming, or computer repair
may not be an eligible occupation.
``(C) Publication.--The Secretary of Labor shall publish
the eligible occupations, designated as zone 1 occupations,
zone 2 occupations, or zone 3 occupations, on an on-going
basis on a publicly available website.
``(4) Filling of vacancies.--If a W nonimmigrant's
employment in a registered position ends, such employer may
fill that vacancy--
``(A) by hiring a United States worker; or
``(B) after the 10 calendar day posting period in
subsection (e)(1)(F)(iv)(III) by hiring--
``(i) a W nonimmigrant; or
``(ii) if available under subsection (g)(4), a certified
alien.
``(5) Period of approval.--
``(A) In general.--Except as provided in subparagraph (B),
a registered position shall be approved by the Secretary for
a period of 3 years.
``(B) Returning w nonimmigrants.--
``(i) Extension of period.--A registered position shall
continue to be a registered position at the end of the 3-year
period referred to in subparagraph (A) if the W nonimmigrant
hired for such position is the beneficiary of a petition for
immigrant status filed by the registered employer pursuant to
this Act or is returning to the same registered employer.
``(ii) Termination of period.--The term of a registration
position extended under clause (i) shall terminate on the
date that is the earlier of--
``(I) the date an application or petition by or for a W
nonimmigrant to obtain immigrant status is approved or denied
by the Secretary; or
``(II) the date of the termination of such W nonimmigrant's
employment with the registered employer.
``(6) Fees.--
``(A) Registration fee.--
``(i) In general.--At the time a W nonimmigrant commences
employment in the registered position for a registered
employer, such employer shall pay a registration fee in an
amount determined by the Secretary.
``(ii) Use of fee.--A fee collected under clause (i) shall
be used to fund any aspect of the operation of the W Visa
Program.
``(B) Additional fee.--
``(i) In general.--In addition to the fee required by
subparagraph (A), a registered employer, at the time a W
nonimmigrant commences employment in the registered position
for the registered employer, shall pay an additional fee for
each such approved registered position as follows:
``(I) A fee of $1,750 for the registered position if the
registered employer, at the time of filing the application
for the registered position, is a small business and more
than 50 percent and less than 75 percent of the employees of
the registered employer are not United States workers.
``(II) A fee of $3,500 for the registered position if the
registered employer, at the time of filing the application
for the registered position, is a small business and more
than
[[Page S5465]]
75 percent of the employees of the registered employer are
not United States workers.
``(III) A fee of $3,500 for the registered position if the
registered employer, at the time of filing the application
for the registered position, is not a small business and more
than 15 percent and less than 30 percent of the employees of
the registered employer are not United States workers.
``(ii) Use of fee.--A fee collected under clause (i) shall
be used to fund the operations of the Bureau.
``(C) Prohibition on other fees.--A registered employer may
not be required to pay an additional fee other than any fees
specified in this Act if the registered employer is a small
business.
``(7) Prohibition on registered positions for certain
employers.--The Secretary may not approve an application for
a registered position for an employer if the employer is not
a small business and 30 percent or more of the employees of
the employer are not United States workers.
``(f) Excluded Geographic Location.--No application for a
registered position filed by a registered employer for an
eligible occupation may be approved if the registered
position is located in a metropolitan statistical area that
has an unemployment rate that is more than 8\1/2\ percent as
reported in the most recent month preceding the date that the
application is submitted to the Secretary unless--
``(1) the Commissioner has identified the eligible
occupation as a shortage occupation; or
``(2) the Secretary approves the registered position under
subsection (g)(4).
``(g) Numerical Limitation.--
``(1) Registered positions.--
``(A) In general.--Subject to paragraphs (3) and (4), the
maximum number of registered positions that may be approved
by the Secretary for a year is as follows:
``(i) For the first year aliens are admitted as W
nonimmigrants, 20,000.
``(ii) For the second such year, 35,000.
``(iii) For the third such year, 55,000.
``(iv) For the fourth such year, 75,000.
``(v) For each year after the fourth such year, the level
calculated for that year under paragraph (2).
``(B) Dates.--The first year referred to in subparagraph
(A)(i) shall begin on April 1, 2015, and end on March 31,
2016, unless the Secretary determines that such first year
shall begin on October 1, 2015, and end on September 30,
2016.
``(2) Years after year 4.--
``(A) Current year and preceding year.--In this paragraph--
``(i) the term `current year' shall refer to the 12-month
period for which the calculation of the numerical limits
under this paragraph is being performed; and
``(ii) the term `preceding year' shall refer to the 12-
month period immediately preceding the current year.
``(B) Numerical limitation.--Subject to subparagraph (D),
the number of registered positions that may be approved by
the Secretary for a year after the fourth year referred to in
paragraph (1)(A)(iv) shall be equal to the sum of--
``(i) the number of such registered positions available
under this paragraph for the preceding year; and
``(ii) the product of--
``(I) the number of such registered positions available
under this paragraph for the preceding year; multiplied by
``(II) the index for the current year calculated under
subparagraph (C).
``(C) Index.--The index calculated under this subparagraph
for a current year equals the sum of--
``(i) one-fifth of a fraction--
``(I) the numerator of which is the number of registered
positions that registered employers applied to have approved
under subsection (e)(1) for the preceding year minus the
number of registered positions approved under subsection (e)
for the preceding year; and
``(II) the denominator of which is the number of registered
positions approved under subsection (e) for the preceding
year;
``(ii) one-fifth of a fraction--
``(I) the numerator of which is the number of registered
positions the Commissioner recommends be available under this
subparagraph for the current year minus the number of
registered positions available under this subsection for the
preceding year; and
``(II) the denominator of which is the number of registered
positions available under this subsection for the preceding
year;
``(iii) three-tenths of a fraction--
``(I) the numerator of which is the number of unemployed
United States workers for the preceding year minus the number
of unemployed United States workers for the current year; and
``(II) the denominator of which is the number of unemployed
United States workers for the preceding year; and
``(iv) three-tenths of a fraction--
``(I) the numerator of which is the number of job openings
as set out in the Job Openings and Labor Turnover Survey of
the Bureau of Labor Statistics for the current year minus
such number of job openings for the preceding year; and
``(II) the denominator of which is the number of such job
openings for the preceding year;
``(D) Minimum and maximum levels.--The number of registered
positions calculated under subparagraph (B) for a 12-month
period may not be less than 20,000 nor more than 200,000.
``(3) Additional registered positions for shortage
occupations.--In addition to the number of registered
positions made available for a year under paragraph (1), the
Secretary shall make available for a year an additional
number of registered positions for shortage occupations in a
particular metropolitan statistical area.
``(4) Special allocations of registered positions.--
``(A) Authority to make available.--In addition to the
number of registered positions made available for a year
under paragraph (1) or (3), the Secretary shall make
additional registered positions available for the year for a
specific registered employer as described in this paragraph,
if--
``(i) the maximum number of registered positions available
under paragraph (1) have been approved for the year and none
remain available for allocation; or
``(ii) such registered employer is located in a
metropolitan statistical area that has an unemployment rate
that is more than 8\1/2\ percent as reported in the most
recent month preceding the date that the application is
submitted to the Secretary.
``(B) Recruitment.--
``(i) In general.--Except as provided in clause (ii), an
initial W nonimmigrant may only enter the United States for
initial employment pursuant to a special allocation under
this paragraph if the registered employer has carried out at
least 7 of the recruiting activities described in subsection
(e)(2)(C).
``(ii) Requirement to recruit w nonimmigrants in the united
states.--A registered employer may register a position
pursuant to a special allocation under this paragraph by
conducting at least 3 of the recruiting activities described
in subsection (e)(2)(C), however a position registered
pursuant to this clause may not be filled by an initial W
nonimmigrant entering the United States for initial
employment.
``(iii) 30 day posting.--
``(I) Requirement.--Any registered employer registering any
position under the special allocation authority shall post
the position, including the wage range, location, and initial
date of employment, for not less than 30 days--
``(aa) on the Internet website maintained by the Secretary
of Labor for the purpose of such advertising; and
``(bb) with the workforce agency of the State where the
position will be located.
``(II) Contemporaneous posting.--The 30 day periods
required by items (aa) and (bb) of subclause (I) may occur at
the same time.
``(C) Wages.--
``(i) Initial w nonimmigrants.--An initial W nonimmigrant
entering the United States for initial employment pursuant to
a registered position made available under this paragraph may
not be paid less than the greater of--
``(I) the level 4 wage set out in the Foreign Labor
Certification Data Center Online Wage Library (or similar
successor website) maintained by the Secretary of Labor for
such occupation in that metropolitan statistical area; or
``(II) the mean of the highest two-thirds of wages surveyed
for such occupation in that metropolitan statistical area.
``(ii) Other w nonimmigrants.--A W nonimmigrant employed in
a registered position referred to in subsection (g)(4)(B)(ii)
may not be paid less than the wages required under subsection
(e)(1)(B)(iv).
``(D) Reduction of future registered positions.--Each
registered position made available for a year subject to the
wage conditions of subparagraph (C)(i) shall reduce by 1 the
number of registered positions made available under paragraph
(g)(1) for the following year or the earliest possible year
for which a registered position is available. The limitation
contained in subsection (h)(4) shall not be reduced by any
registered position made available under this paragraph.
``(h) Allocation of Registered Positions.--
``(1) In general.--
``(A) First 6-month period.--The number of registered
positions available for the 6-month period beginning on the
first day of a year is 50 percent of the maximum number of
registered positions available for such year under paragraph
(1) or (2) of subsection (g). Such registered positions shall
be allocated as described in this subsection.
``(B) Second 6-month period.--The number of registered
positions available for the 6-month period ending on the last
day of a year is the maximum number of registered positions
available for such year under paragraph (1) or (2) of
subsection (g) minus the number of registered positions
approved during the 6-month period referred to in subsection
(A). Such registered positions shall be allocated as
described in this subsection.
``(2) Shortage occupations.--
``(A) In general.--For the first month of each 6-month
period referred to in subparagraph (A) or (B) of paragraph
(1) a registered position may not be created in an occupation
that is not a shortage occupation.
``(B) Initial designations.--Subparagraph (A) shall not
apply in any period for which the Commissioner has not
designated any shortage occupations.
``(3) Small businesses.--During the second, third, and
fourth months of each 6-month period referred to in
subparagraph (A) or (B) of paragraph (1), one-third of the
number of registered positions allocated for such period
shall be approved only for a registered employer that is a
small business. Any such registered positions not approved
for such
[[Page S5466]]
small businesses during such months shall be available for
any registered employer during the last 2 months of each such
6-month period.
``(4) Animal production subsectors.--In addition to the
number of registered positions made available for a year
under paragraph (1) or (3) of such section (g), the Secretary
shall make additional registered positions available for the
year for occupations designated by the Secretary of Labor as
Animal Production Subsectors. The numerical limitation for
such additional registered positions shall be no more than 10
percent of the annual numerical limitation provided for in
such paragraph (1).
``(5) Limitation for construction occupations.--
``(A) In general.--Subject to subparagraph (B), not more
than 33 percent of the registered positions made available
under paragraph (1) or (2) of subsection (g) for a year may
be granted to perform work in a construction occupation.
``(B) Maximum level.--Notwithstanding subparagraph (A), the
number of registered positions granted to perform work in a
construction occupation under subsection (g)(1) may not
exceed 15,000 for a year and 7,500 for any 6-month period.
``(C) Prohibition for occupations with high unemployment.--
``(i) In general.--A registered employer may not hire a
certified alien for a registered position to perform work in
a construction occupation if the unemployment rate for
construction occupations in the corresponding occupational
job zone in that metropolitan statistical area was more than
8\1/2\ percent.
``(ii) Determination of unemployment rate.--The
unemployment rate used in clause (i) shall be determined--
``(I) using the most recent survey taken by the Bureau; or
``(II) if a survey referred to in subclause (I) is not
available, using a recent and legitimate private survey.
``(i) Portability.--A W nonimmigrant who is admitted to the
United States for employment by a registered employer may--
``(1) terminate such employment for any reason; and
``(2) seek and accept employment with another registered
employer in any other registered position within the terms
and conditions of the W nonimmigrant's visa.
``(j) Promotion.--A registered employer may promote a W
nonimmigrant if the W nonimmigrant has been employed with
that employer for a period of not less than 12 months. Such a
promotion shall not increase the total number of registered
positions available to that employer.
``(k) Prohibition on Outplacement.--A registered employer
may not place, outsource, lease, or otherwise contract for
the services or placement of a W nonimmigrant employee with
another employer if more than 15 percent of the employees of
the registered employer are W nonimmigrants.
``(l) W Nonimmigrant Protections.--
``(1) Applicability of laws.--A W nonimmigrant shall not be
denied any right or any remedy under Federal, State, or local
labor or employment law that would be applicable to a United
States worker employed in a similar position with the
employer because of the alien's status as a nonimmigrant
worker.
``(2) Waiver of rights prohibited.--
``(A) In general.--A W nonimmigrant may not be required to
waive any substantive rights or protections under this Act.
``(B) Construction.--Nothing under this paragraph may be
construed to affect the interpretation of any other law.
``(3) Prohibition on treatment as independent
contractors.--
``(A) In general.--Notwithstanding any other provision of
law--
``(i) a W nonimmigrant is prohibited from being treated as
an independent contractor under any Federal or State law; and
``(ii) no person, including an employer or labor contractor
and any persons who are affiliated with or contract with an
employer or labor contractor, may treat a W nonimmigrant as
an independent contractor.
``(B) Construction.--Subparagraph (A) may not be construed
to prevent registered employers who operate as independent
contractors from employing W nonimmigrants.
``(4) Payment of fees.--
``(A) In general.--A fee related to the hiring of a W
nonimmigrant required to be paid by an employer under this
Act shall be paid by the employer and may not be deducted
from the wages or other compensation paid to a W
nonimmigrant.
``(B) Excluded costs.--The cost of round trip
transportation from a certified alien's home to the location
of a registered position and the cost of obtaining a foreign
passport are not fees required to be paid by the employer.
``(5) Tax responsibilities.--An employer shall comply with
all applicable Federal, State, and local tax laws with
respect to each W nonimmigrant employed by the employer.
``(6) Prohibited activities.--It shall be unlawful for an
employer of a W nonimmigrant to intimidate, threaten,
restrain, coerce, retaliate, discharge, or in any other
manner, discriminate against an employee or former employee
because the employee or former employee--
``(A) discloses information to the employer or any other
person that the employee or former employee reasonably
believes demonstrates a violation of this section; or
``(B) cooperates or seeks to cooperate in an investigation
or other proceeding concerning compliance with the
requirements of this section.
``(m) Complaint Process.--The Secretary shall establish a
process for the receipt, investigation, and disposition of
complaints by an aggrieved applicant, employee, or
nonimmigrant (or a person acting on behalf of such applicant,
employee, or nonimmigrant) with respect to--
``(1) the failure of a registered employer to meet a
condition of this section; or
``(2) the lay off or nonhiring of a United States worker as
prohibited under this section.
``(n) Enforcement.--
``(1) In general.--The Secretary shall promulgate
regulations for the receipt, investigation, and disposition
of complaints by an aggrieved W nonimmigrant respecting a
violation of this section.
``(2) Filing deadline.--No investigation or hearing shall
be conducted on a complaint concerning a violation under this
section unless the complaint was filed not later than 6
months after the date of such violation.
``(3) Reasonable basis.--The Secretary shall conduct an
investigation under this subsection if there is reasonable
basis to believe that a violation of this section has
occurred. The process established under this subsection shall
provide that, not later than 30 days after a complaint is
filed, the Secretary shall determine if there is reasonable
cause to find such a violation.
``(4) Notice and hearing.--
``(A) In general.--Not later than 60 days after the
Secretary makes a determination of reasonable basis under
paragraph (3), the Secretary shall issue a notice to the
interested parties and offer an opportunity for a hearing on
the complaint, in accordance with section 556 of title 5,
United States Code.
``(B) Hearing deadline.--Not later than 60 days after the
date of a hearing under this paragraph, the Secretary shall
make a finding on the matter.
``(5) Attorney's fees.--
``(A) Award.--A complainant who prevails in an action under
this subsection with respect to a claim related to wages or
compensation for employment, or a claim for a violation of
subsection (l) or (m), shall be entitled to an award of
reasonable attorney's fees and costs.
``(B) Frivolous complaints.--A complainant who files a
frivolous complaint for an improper purpose under this
subsection shall be liable for the reasonable attorney's fees
and costs of the person named in the complaint.
``(6) Power of the secretary.--The Secretary may bring an
action in any court of competent jurisdiction--
``(A) to seek remedial action, including injunctive relief;
``(B) to recover the damages described in this subsection
and subsection (o); or
``(C) to ensure compliance with terms and conditions
described in subsection (l)(6).
``(7) Other rights of employees.--The rights and remedies
provided to W nonimmigrants under this section are in
addition to any other contractual or statutory rights and
remedies of the workers, and are not intended to alter or
affect such rights and remedies.
``(o) Penalties.--
``(1) In general.--If, after notice and an opportunity for
a hearing, the Secretary finds a violation of this section,
the Secretary may impose administrative remedies and
penalties, including--
``(A) back wages;
``(B) benefits; and
``(C) civil monetary penalties.
``(2) Civil penalties.--The Secretary may impose, as a
civil penalty--
``(A) for a violation of this subsection--
``(i) a fine in an amount not more than $2,000 per
violation per affected worker and $4,000 per violation per
affected worker for each subsequent violation;
``(ii) if the violation was willful, a fine in an amount
not more than $5,000 per violation per affected worker; and
``(iii) if the violation was willful and if in the course
of such violation a United States worker was harmed, a fine
in an amount not more than $25,000 per violation per affected
worker; or
``(B) for knowingly failing to materially comply with the
terms of representations made in petitions, applications,
certifications, or attestations under this section--
``(i) a fine in an amount not more than $4,000 per
aggrieved worker; and
``(ii) upon the occasion of a third offense of failure to
comply with representations, a fine in an amount not to
exceed $5,000 per affected worker and designation as an
ineligible employer, recruiter, or broker for purposes of any
immigrant or nonimmigrant program.
``(3) Criminal penalty.--Any person who knowingly
misrepresents the number of full-time equivalent employees of
an employer or the number of employees of a person who are
United States workers for the purpose of reducing a fee under
subsection (e)(6) or avoiding the limitation in subsection
(e)(7), shall be fined in accordance with title 18, United
States Code, in an amount up to $25,000 or imprisoned not
more than 1 year, or both.
``(p) Monitoring.--
``(1) Requirement to monitor.--The Secretary shall monitor
the movement of W nonimmigrants in registered positions
through--
[[Page S5467]]
``(A) the Employment Verification System described in
section 274A(d); and
``(B) the electronic monitoring system described in
paragraph (2).
``(2) Electronic monitoring system.--
``(A) Requirement for system.--The Secretary, through U.S.
Citizenship and Immigration Services, shall implement an
electronic monitoring system to monitor presence and
employment of W nonimmigrants, including a requirement that
registered employers update the system when W nonimmigrants
start and end employment in registered positions.
``(B) System description.--Such system shall be modeled on
the Student and Exchange Visitor Information System (SEVIS)
and SEVIS II tracking system of U.S. Immigration and Customs
Enforcement.
``(C) Interaction with registry.--Such system shall
interact with the registry referred to in subsection
(e)(1)(F) to ensure that the Secretary designates and updates
approved registered positions as being filled or unfilled.''.
(b) Table of Contents Amendment.--The table of contents in
the first section (8 U.S.C. 1101 et seq.) is amended by
adding after the item relating to section 219 the following:
``Sec. 220. Admission of W nonimmigrant workers.''.
Subtitle H--Investing in New Venture, Entrepreneurial Startups, and
Technologies
SEC. 4801. NONIMMIGRANT INVEST VISAS.
(a) INVEST Nonimmigrant Category.--Section 101(a)(15) (8
U.S.C. 1101(a)(15)), as amended by sections 2231, 2308, 2309,
3201, 4402, 4504, 4601, and 4702, is further amended by
inserting after subparagraph (W) the following:
``(X) in accordance with the definitions in section
203(b)(6)(A), a qualified entrepreneur who has demonstrated
that, during the 3-year period ending on the date on which
the alien filed an initial petition for nonimmigrant status
described in this clause--
``(i) a qualified venture capitalist, a qualified super
angel investor, a qualified government entity, a qualified
community development financial institution, qualified
startup accelerator, or such other type of entity or
investors, as determined by the Secretary, or any combination
of such entities or investors, has made a qualified
investment or combination of qualified investments of not
less than $100,000 in total in the alien's United States
business entity; or
``(ii) the alien's United States business entity has
created no fewer than 3 qualified jobs and during the 2-year
period ending on such date has generated not less than
$250,000 in annual revenue arising from business conducted in
the United States; or''.
(b) Admission of INVEST Nonimmigrants.--Section 214 (8
U.S.C. 1184), as amended by sections 3608, 4232, 4405, 4503,
4504, 4602, 4605, and 4606, is further amended by adding at
the end the following:
``(aa) INVEST Nonimmigrant Visas.--
``(1) Definitions.--The definitions in section 203(b)(6)(A)
apply to this subsection.
``(2) Initial period of authorized admission.--The initial
period of authorized status as a nonimmigrant described in
section 101(a)(15)(X) shall be for an initial 3-year period.
``(3) Renewal of admission.--Subject to paragraph (4), the
initial period of authorized nonimmigrant status described in
paragraph (2) may be renewed for additional 3-year periods if
during the most recent 3-year period that the alien was
granted such status--
``(A) the alien's United States business entity has created
no fewer than 3 qualified jobs and a qualified venture
capitalist, a qualified super angel investor, a qualified
government entity, a qualified community development
financial institution, qualified startup accelerator, or such
other type of entity or investors, as determined by the
Secretary, or any combination of such entities or investors,
has made a qualified investment or combination of qualified
investments of not less than $250,000 in total to the alien's
United States business entity; or
``(B) the alien's United States business entity has created
no fewer than 3 qualified jobs and, during the 2-year period
ending on the date that the alien petitioned for an
extension, has generated not less than $250,000 in annual
revenue arising from business conducted within the United
States.
``(4) Waiver of renewal requirements.--The Secretary may
renew an alien's status as a nonimmigrant described in
section 101(a)(15)(X) for not more than 1 year at a time, up
to an aggregate of 2 years if the alien--
``(A) does not meet the criteria under paragraph (3); and
``(B) meets the criteria established by the Secretary, in
consultation with the Secretary of Commerce, for approving
renewals under this subsection, which shall include a finding
that--
``(i) the alien has made substantial progress in meeting
such criteria; and
``(ii) such renewal is economically beneficial to the
United States.
``(5) Attestation.--The Secretary may require an alien
seeking status as a nonimmigrant described in section
101(a)(15)(X) to attest, under penalty of perjury, that the
alien meets the application criteria.
``(6) X-1 visa fee.--In addition to processing fees, the
Secretary shall collect a $1,000 fee from each nonimmigrant
admitted under section 101(a)(15)(X). Fees collected under
this paragraph shall be deposited into the Comprehensive
Immigration Reform Trust Fund established under section
6(a)(1) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996.''.
SEC. 4802. INVEST IMMIGRANT VISA.
Section 203(b) (8 U.S.C. 1153(b)) is amended--
(1) by redesignating paragraph (6) as paragraph (7); and
(2) by inserting after paragraph (5) the following:
``(6) INVEST immigrants.--
``(A) Definitions.--In this paragraph, section
101(a)(15)(X), and section 214(s):
``(i) Qualified community development financial
institution.--The term `qualified community development
financial institution' is defined as provided under section
1805.201 45D(c) of title 12, Code of Federal Regulations, or
any similar successor regulations.
``(ii) Qualified entrepreneur.--The term `qualified
entrepreneur' means an individual who--
``(I) has a significant ownership interest, which need not
constitute a majority interest, in a United States business
entity;
``(II) is employed in a senior executive position of such
United States business entity;
``(III) submits a business plan to U.S. Citizenship and
Immigration Services; and
``(IV) had a substantial role in the founding or early-
stage growth and development of such United States business
entity.
``(iii) Qualified government entity.--The term `qualified
government entity' means an agency or instrumentality of the
United States or of a State, local, or tribal government.
``(iv) Qualified investment.--The term `qualified
investment'--
``(I) means an investment in a qualified entrepreneur's
United States business entity that is--
``(aa) a purchase from the United States business entity or
equity or convertible debt issued by such entity;
``(bb) a secured loan;
``(cc) a convertible debt note;
``(dd) a public securities offering;
``(ee) a research and development award from a qualified
government entity to the United States entity;
``(ff) other investment determined appropriate by the
Secretary; or
``(gg) a combination of the investments described in items
(aa) through (ff); and
``(II) may not include an investment from such qualified
entrepreneur, the parents, spouse, son, or daughter of such
qualified entrepreneur, or from any corporation, company,
association, firm, partnership, society, or joint stock
company over which such qualified entrepreneur has a
substantial ownership interest.
``(v) Qualified job.--The term `qualified job' means a
full-time position of a United States business entity owned
by a qualified entrepreneur that--
``(I) is located in the United States;
``(II) has been filled for at least 2 years by an
individual who is not the qualified entrepreneur or the
spouse, son, or daughter of the qualified entrepreneur; and
``(III) pays a wage that is not less than 250 percent of
the Federal minimum wage.
``(vi) Qualified startup accelerator.--The term `qualified
startup accelerator' means a corporation, company,
association, firm, partnership, society, or joint stock
company that--
``(I) is organized under the laws of the United States or
any State and conducts business in the United States;
``(II) in the ordinary course of business, provides a
program of training, mentorship, and logistical support to
assist entrepreneurs in growing their businesses;
``(III) is managed by individuals, the majority of whom are
citizens of the United States or aliens lawfully admitted for
permanent residence;
``(IV)(aa) regularly acquires an equity interest in
companies that participate in its programs, where the
majority of the capital so invested is committed from
individuals who are United States citizens or aliens lawfully
admitted for permanent residence, or from entities organized
under the laws of the United States or any State; or
``(bb) is an entity that has received not less than
$250,000 in funding from a qualified government entity or
entities during the previous 5 years and regularly makes
grants to companies that participate in its programs (in
which case, such grant shall be treated as a qualified
investment for purposes of clause (iv));
``(V) during the previous 5 years, has acquired an equity
interest in, or, in the case of an entity described in
subclause (IV)(bb), regularly made grants to, not fewer than
10 United States business entities that have participated in
its programs and that have--
``(aa) each secured at least $100,000 in initial
investments; or
``(bb) during any 2-year period following the date of such
acquisition, generated not less than $500,000 in aggregate
annual revenue within the United States;
``(VI) has its primary location in the United States; and
``(VII) satisfies such other criteria as may be established
by the Secretary.
``(vii) Qualified super angel investor.--The term
`qualified super angel investor' means an individual or
organized group of individuals investing directly or through
a legal entity--
``(I) each of whom is an accredited investor, as defined in
section 230.501(a) of title 17, Code of Federal Regulations,
or any similar
[[Page S5468]]
successor regulation, investing the funds owned by such
individual or organized group in a qualified entrepreneur's
United States business entity;
``(II)(aa) if an individual, is a citizen of the United
States or an alien lawfully admitted for permanent residence;
or
``(bb) if an organized group or legal entity, a majority of
the individuals investing through such group or entity are
citizens of the United States or aliens lawfully admitted for
permanent residence; and
``(III) each of whom in the previous 3 years has made
qualified investments in a total amount determined to be
appropriate by the Secretary, that is not less than $50,000,
in United States business entities which are less than 5
years old.
``(viii) Qualified venture capitalist.--The term `qualified
venture capitalist' means an entity--
``(I) that--
``(aa) is a venture capital operating company (as defined
in section 2510.3-101(d) of title 29, Code of Federal
Regulations (or any successor to such regulation)); or
``(bb) has management rights, as defined in, and to the
extent required by, such section 2510.3-101(d) (or successor
regulation), in its portfolio companies;
``(II) that has capital commitments of not less than
$10,000,000; and
``(III) the investment adviser, that is registered under
the Investment Advisers Act of 1940 (15 U.S.C. 80b-2), for
which--
``(aa) has its primary office location in the United
States;
``(bb) is owned, directly or indirectly, by individuals,
the majority of whom are citizens of the United States or
aliens lawfully admitted for permanent residence in the
United States;
``(cc) has been advising such entity or other similar funds
or entities for at least 2 years; and
``(dd) has advised such entity or a similar fund or entity
with respect to at least 2 investments of not less than
$500,000 made by such entity or similar fund or entity during
each of the most recent 2 years.
``(ix) Secretary.--Except as otherwise specifically
provided, the term `Secretary' means the Secretary of
Homeland Security.
``(x) Senior executive position.--The term `senior
executive position' includes the position of chief executive
officer, chief technology officer, and chief operating
officer.
``(xi) United states business entity.--The term `United
States business entity' means any corporation, company,
association, firm, partnership, society, or joint stock
company that is organized under the laws of the United States
or any State and that conducts business in the United States
that is not--
``(I) a private fund, as defined in 202(a) of the
Investment Advisers Act of 1940 (15 U.S.C. 80b-2);
``(II) a commodity pool, as defined in section 1a of the
Commodity Exchange Act (7 U.S.C. 1a);
``(III) an investment company, as defined in section 3 of
the Investment Company Act of 1940 (15 U.S.C. 80a-3); or
``(IV) an issuer that would be an investment company but
for an exemption provided in--
``(aa) section 3(c) of the Investment Company Act of 1940
(15 U.S.C. 80a-3(c); or
``(bb) section 270.3a-7 of title 17 of the Code of Federal
Regulations or any similar successor regulation.
``(B) In general.--Visas shall be available, in a number
not to exceed 10,000 for each fiscal year, to qualified
immigrants seeking to enter the United States for the purpose
of creating new businesses, as described in this paragraph.
``(C) Eligibility.--An alien is eligible for a visa under
this paragraph if--
``(i)(I) the alien is a qualified entrepreneur;
``(II) the alien maintained valid nonimmigrant status in
the United States for at least 2 years;
``(III) during the 3-year period ending on the date the
alien files an initial petition for such status under this
section--
``(aa)(AA) the alien has a significant ownership in a
United States business entity that has created no fewer than
5 qualified jobs; and
``(BB) a qualified venture capitalist, a qualified super
angel investor, a qualified government entity, a qualified
community development financial institution, qualified
startup accelerator, or such other entity or type of
investors, as determined by the Secretary, or any combination
of such entities or investors, has devoted a qualified
investment or combination of qualified investments of not
less than $500,000 in total to the alien's United States
business entity; or
``(bb)(AA) the alien has a significant ownership interest
in a United States business entity that has created no fewer
than 5 qualified jobs; and
``(BB) during the 2-year period ending on such date has
generated not less than $750,000 in annual revenue within the
United States; and
``(IV) no more than 2 other aliens have received
nonimmigrant status under this section on the basis of an
alien's ownership of such United States business entity;
``(ii)(I) the alien is a qualified entrepreneur;
``(II) the alien maintained valid nonimmigrant status in
the United States for at least 3 years prior to the date of
filing an application for such status;
``(III) the alien holds an advanced degree in a field of
science, technology, engineering, or mathematics, approved by
the Secretary; and
``(IV) during the 3-year period ending on the date the
alien files an initial petition for such status under this
section--
``(aa)(AA) the alien has a significant ownership interest
in a United States business entity that has created no fewer
than 4 qualified jobs; and
``(BB) a qualified venture capitalist, a qualified super
angel investor, a qualified government entity, a qualified
community development financial institution, qualified
startup accelerator, or such other entity or type of
investors, as determined by the Secretary, or any combination
of such entities or investors, has devoted a qualified
investment or combination of qualified investments of not
less than $500,000 in total to the alien's United States
business entity; or
``(bb)(AA) the alien has a significant ownership interest
in a United States business entity that has created no fewer
than 3 qualified jobs; and
``(BB) during the 2-year period ending on such date has
generated not less than $500,000 in annual revenue within the
United States; and
``(V) no more than 3 other aliens have received
nonimmigrant status under this section on the basis of an
alien's ownership of such United States business entity.
``(D) Attestation.--The Secretary may require an alien
seeking a visa under this paragraph to attest, under
penalties of perjury, to the alien's qualifications.''.
SEC. 4803. ADMINISTRATION AND OVERSIGHT.
(a) Regulations.--Not later than 16 months after the date
of the enactment of this Act, the Secretary, in consultation
with the Secretary of Commerce, the Administrator of the
Small Business Administration, and other heads of other
relevant Federal agencies and departments, shall promulgate
regulations to carry out the amendments made by this
subtitle. Such regulations shall ensure that such amendments
are implemented in a manner that is consistent with the
protection of national security and promotion of United
States economic growth, job creation, and competitiveness.
(b) Modification of Dollar Amounts.--
(1) In general.--The Secretary may from time to time
prescribe regulations increasing or decreasing any dollar
amount specified in section 203(b)(6) of the Immigration and
Nationality Act, as added by section 4802, section
101(a)(15)(X) of such Act, as added by section 4801, or
section 214(s), as added by section 4801.
(2) Automatic adjustment.--Unless a dollar amount referred
to in paragraph (1) is adjusted by the Secretary under
paragraph (1), such dollar amount shall automatically adjust
on January 1, 2016, by the percentage change in the Consumer
Price Index (CPI-U) during fiscal year 2015, and on every
fifth subsequent January 1 by the percentage change in the
CPI-U during the previous 5 fiscal years, for any petition
filed to classify an alien under this paragraph on or after
the date of each automatic adjustment.
(c) Other Authority.--The Secretary, in the Secretary's
unreviewable discretion, may deny or revoke the approval of a
petition seeking classification of an alien under paragraph
(6) of section 203(b) of the Immigration and Nationality Act,
as added by section 4802, or any other petition, application,
or benefit based upon the previous or concurrent filing or
approval of a petition for classification of an alien under
such paragraph (6), if the Secretary determines, in the
Secretary's sole and unreviewable discretion, that the
approval or continuation of such petition, application, or
benefit is contrary to the national interest of the United
States or for other good cause.
(d) Reports.--Once every 3 years, the Secretary shall
submit to Congress a report on this subtitle and the
amendments made by this subtitle. Each such report shall
include--
(1) the number and percentage of entrepreneurs able to meet
thresholds for nonimmigrant renewal and adjustment to green
card status under the amendments made by this subtitle;
(2) an analysis of the program's economic impact including
job and revenue creation, increased investments and growth
within business sectors and regions;
(3) a description and breakdown of types of businesses that
entrepreneurs granted nonimmigrant or immigrant status are
creating;
(4) for each report following the Secretary's initial
report submitted under this subsection, a description of the
percentage of the businesses initially created by the
entrepreneurs granted immigrant and nonimmigrant status under
this subtitle and the amendments made by this subtitle, that
are still in operation; and
(5) any recommendations for improving the program
established by this subtitle and the amendments made by this
subtitle.
SEC. 4804. PERMANENT AUTHORIZATION OF EB-5 REGIONAL CENTER
PROGRAM.
(a) Repeal.--Section 610 of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1993 (8 U.S.C. 1153 note) is repealed.
(b) Authorization.--Section 203(b)(5) (8 U.S.C. 1153(b)(5))
is amended by adding at the end the following:
``(E) Regional center program.--
``(i) In general.--Visas under this paragraph shall be made
available to qualified immigrants participating in a program
implementing this paragraph that involves a
[[Page S5469]]
regional center in the United States, which has been
designated by the Secretary of Homeland Security, in
consultation with the Secretary of Commerce, on the basis of
a general proposal for the promotion of economic growth,
including--
``(I) increased export sales;
``(II) improved regional productivity;
``(III) job creation; or
``(IV) increased domestic capital investment.
``(ii) Establishment of a regional center.--A regional
center shall have jurisdiction over a defined geographic
area, which shall be described in the proposal and consistent
with the purpose of concentrating pooled investment in
defined economic zones. The establishment of a regional
center may be based on general predictions, contained in the
proposal, concerning--
``(I) the kinds of commercial enterprises that will receive
investments from aliens;
``(II) the jobs that will be created directly or indirectly
as a result of such investments; and
``(III) other positive economic effects such investments
will have.
``(iii) Compliance.--In determining compliance with
subparagraph (A)(ii), the Secretary of Homeland Security
shall permit aliens admitted under the program described in
this subparagraph to establish reasonable methodologies for
determining the number of jobs created by the program,
including jobs estimated to have been created indirectly
through--
``(I) revenues generated from increased exports, improved
regional productivity, job creation; or
``(II) increased domestic capital investment resulting from
the program, including jobs created outside of the geographic
boundary of the regional center as a result of the
immigrant's investment in regional center-affiliated
commercial enterprises.
``(iv) Indirect job creation.--The Secretary shall permit
immigrants admitted under this paragraph to satisfy the
requirements under subparagraph (A)(ii) with jobs that are
estimated to be created indirectly through investment under
this paragraph in accordance with this subparagraph.
``(F) Preapproval of business plans for regional center
investments.--
``(i) Petition.--Before the filing of a petition under this
subparagraph by an alien investor, a commercial enterprise
affiliated with a regional center may file a petition with
the Secretary of Homeland Security to preapprove a particular
investment in the commercial enterprise, as provided in--
``(I) a business plan for a specific capital investment
project;
``(II) investment documents, such as subscription,
investment, partnership, and operating agreements; and
``(III) a credible economic analysis regarding estimated
job creation that is based upon reasonable methodologies.
``(ii) Preapproval procedure.--The Secretary shall
establish a process to facilitate the preapproval of business
plans under this subparagraph related to investment in a
regional center commercial enterprise, which shall include an
opportunity for the applicant to address and cure any
deficiencies identified by the Secretary in the applicant's
business plan, investment documents, or statement regarding
job creation prior to a final determination. The Secretary
shall impose a fee for the use of the process described in
this clause sufficient to recover the costs of its
administration.
``(iii) Effect of preapproval of business plan for
investment in regional center commercial enterprise.--The
preapproval of a petition under this subparagraph shall be
binding for purposes of the adjudication of petitions filed
under this subparagraph by immigrants investing in the
commercial enterprise unless the Secretary determines that
there is evidence of fraud, misrepresentation, criminal
misuse, a threat to national security, or other evidence
affecting program eligibility that was not disclosed by the
petitioner during the preapproval process.
``(iv) Expedited processing option for alien investor
petitions affiliated with preapproved business plans.--The
Secretary may establish a premium processing option for alien
investors who are investing in a commercial enterprise that
has received preapproval under this subparagraph and may
impose a fee for the use of that option sufficient to recover
all costs of the option.
``(v) Consideration of criminal activity in establishing
eligibility criteria.--The Secretary shall consider the
potential for fraud, misrepresentation, criminal misuse, and
threats to national security in establishing eligibility
criteria for any program the Secretary may establish under
this subparagraph.
``(G) Regional center financial statements.--
``(i) In general.--Each regional center designated under
subparagraph (E) shall annually submit, to the Director of
U.S. Citizenship and Immigration Services (referred to in
this subparagraph as the `Director'), in a manner prescribed
by the Secretary of Homeland Security, financial statements,
including--
``(I) an accounting of all foreign investor money invested
through the regional center; and
``(II) for each capital investment project--
``(aa) an accounting of the aggregate capital invested
through the regional center or affiliated commercial
enterprises by immigrants under this paragraph;
``(bb) a description of how such funds are being used to
execute the approved business plan;
``(cc) evidence that 100 percent of such investor funds
have been dedicated to the project;
``(dd) detailed evidence of the progress made toward the
completion of the project;
``(ee) an accounting of the aggregate direct and indirect
jobs created or preserved; and
``(ff) a certification by the regional center that such
statements are accurate.
``(ii) Amendment of financial statements.--If the Director
determines that a financial statement required under clause
(i) is deficient, the Director may require the regional
center to amend or supplement such financial statement.
``(iii) Sanctions.--
``(I) Effect of violation.--If the Director determines,
after reviewing the financial statements submitted under
clause (i), that a regional center, director, or other
individual involved with a regional center (other than an
alien investor) has violated any requirement under clause (i)
or that the regional center is conducting itself in a manner
inconsistent with its designation, the Director may sanction
the violating entity or individual under subclause (II).
``(II) Authorized sanctions.--The Director shall establish
a graduated set of sanctions for violations referred to in
subclause (I), including--
``(aa) fines equal to not more than 5 percent of the total
capital invested by immigrant investors in the commercial
enterprise's approved business plan;
``(bb) temporary suspension from participation in the
program described in subparagraph (E), which may be lifted by
the Director if the individual or entity cures the alleged
violation after being provided such an opportunity by the
Director;
``(cc) permanent bar from program participation for 1 or
more individuals affiliated with the regional center; and
``(dd) termination of regional center status.
``(H) Bona fides of persons involved in regional centers.--
``(i) In general.--No person shall be permitted by any
regional center to be involved with the regional center as
its principal, representative, administrator, owner, officer,
board member, manager, executive, general partner, fiduciary,
marketer, promoter, or other similar position of substantive
authority for the operations, management or promotion of the
regional center if the Secretary of Homeland Security--
``(I) determines such person has been found liable within
the previous 5 years for any criminal or civil violation of
any law relating to fraud or deceit, or at any time if such
violation involved a criminal conviction with a term of
imprisonment of at least 1 year or a criminal or civil
violation of any law or agency regulation in connection with
the purchase or sale of a security; or
``(II) knows or has reasonable cause to believe that the
person is engaged in, has ever been engaged in, or seeks to
engage in any--
``(aa) illicit trafficking in any controlled substance;
``(bb) activity relating to espionage or sabotage;
``(cc) activity related to money laundering (as described
in section 1956 or 1957 of title 18, United States Code);
``(dd) terrorist activity (as defined in clauses (iii) and
(iv) of section 212(a)(3)(B));
``(ee) human trafficking or human rights offense; or
``(ff) violation of any statute, regulation, or Executive
Order regarding foreign financial transactions or foreign
asset control.
``(ii) Information required.--The Secretary shall require
such attestations and information, including, the submission
of fingerprints to the Federal Bureau of Investigation, and
shall perform such criminal record checks and other
background checks with respect to a regional center, and
persons involved in a regional center as described in clause
(i), as the Secretary considers appropriate to determine
whether the regional center is in compliance with clause (i).
The Secretary may require the information and attestations
described in this clause from such regional center, and any
person involved in the regional center, at any time on or
after the date of the enactment of the Border Security,
Economic Opportunity, and Immigration Modernization Act.
``(iii) Termination.--The Secretary is authorized, in his
or her unreviewable discretion, to terminate any regional
center from the program under this paragraph if he or she
determines that--
``(I) the regional center is in violation of clause (i);
``(II) the regional center or any person involved with the
regional center has provided any false attestation or
information under clause (ii);
``(III) the regional center or any person involved with the
regional center fails to provide an attestation or
information requested by the Secretary under clause (ii); or
``(IV) the regional center or any person involved with the
regional center is engaged in fraud, misrepresentation,
criminal misuse, or threats to national security.
``(I) Regional center compliance with securities laws.--
``(i) Certification required.--The Secretary of Homeland
Security shall not approve an application for regional center
designation or regional center amendment that does not
certify that the regional center and, to the best knowledge
of the applicant, all
[[Page S5470]]
parties to the regional center are in, and will maintain,
compliance with the securities laws of the United States.
``(ii) Termination or suspension.--The Secretary shall
terminate the designation of any regional center that does
not provide the certification described in subclause (i) on
an annual basis. In addition to any other authority provided
to the Secretary regarding the regional center program
described in subparagraph (E), the Secretary may, in his or
her unreviewable discretion, suspend or terminate the
designation of any regional center if he or she determines
that the regional center or any party to the regional
center--
``(I) is permanently or temporarily enjoined by order,
judgment, or decree of any court of competent jurisdiction in
connection with the purchase or sale of a security;
``(II) is subject to any final order of the Securities and
Exchange Commission that--
``(aa) bars such person from association with an entity
regulated by the Securities and Exchange Commission; or
``(bb) constitutes a final order based on violations in
connection with the purchase or sale of a security; or
``(III) knowingly submitted or caused to be submitted a
certification described in clause (i) that contained an
untrue statement of a material fact or omitted to state a
material fact necessary in order to make the statements made,
in the light of the circumstances under which they were made,
not misleading.
``(iii) Savings provision.--Nothing in this subparagraph
may be construed to impair or limit the authority of the
Securities and Exchange Commission under the Federal
securities laws.
``(iv) Defined term.--For the purpose of this subparagraph,
the term `party to the regional center' shall include the
regional center, its agents, employees, and attorneys, and
any persons in active concert or participation with the
regional center.
``(J) Denial or revocation.--If the Secretary of Homeland
Security determines, in his or her unreviewable discretion,
that the approval of a petition, application, or benefit
described in this subparagraph is contrary to the national
interest of the United States for reasons relating to fraud,
misrepresentation, criminal misuse, or threats to national
security, the Secretary may deny or revoke the approval of--
``(i) a petition seeking classification of an alien as an
alien investor under this paragraph;
``(ii) a petition to remove conditions under section 216A
before granting lawful permanent resident status or any other
petition, application, or benefit based upon the previous or
concurrent filing or approval of a petition for
classification of an alien under this paragraph; or
``(iii) an application for designation as a regional
center.''.
(c) Assistance by the Secretary of Commerce.--
(1) In general.--The Secretary of Commerce, upon the
request of the Secretary, shall provide consultation
assistance for determining whether--
(A) a proposed regional center should be designated,
terminated, or subject to other adjudicative action; or
(B) a petitioner or applicant for a benefit under section
203(b)(5) of the Immigration and Nationality Act, as amended
by subsection (b), has met the requirements under such
paragraph with respect to job creation.
(2) Rulemaking.--The Secretary and the Secretary of
Commerce may each adopt such rules and regulations as are
necessary to carry out the consultation process provided for
in paragraph (1).
(3) Savings provision.--Nothing in this subsection shall be
construed to require consultation with the Secretary of
Commerce to continue the designation of a regional center
approved before the date of the enactment of this Act.
(d) Effective Date.--The amendments made by this section--
(1) shall be effective upon the enactment of this Act; and
(2) shall apply to--
(A) any application to designate a regional center, and any
person involved with the regional center, that is pending or
approved on or after the date of the enactment of this Act;
and
(B) any regional center approved before the date of the
enactment of this Act, on or after a delayed effective date
that is 1 year after such date of enactment with respect to
any person involved in the regional center on or after such
delayed effective date.
SEC. 4805. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN
EMPLOYMENT-BASED IMMIGRANTS, SPOUSES, AND
CHILDREN.
(a) In General.--Section 216A (8 U.S.C. 1186b) is amended
to read as follows:
``SEC. 216A. CONDITIONAL PERMANENT RESIDENT STATUS FOR
CERTAIN EMPLOYMENT-BASED IMMIGRANTS, SPOUSES,
AND CHILDREN.
``(a) In General.--
``(1) Conditional basis for status.--Notwithstanding any
other provision of this Act, employment-based immigrants (as
defined in subsection (f) (1) or (2)), alien spouses, and
alien children (as defined in subsection (f)(3)) shall be
considered, at the time of obtaining the status of an alien
lawfully admitted for permanent residence, to have obtained
such status on a conditional basis subject to the provisions
of this section.
``(2) Notice of requirements.--
``(A) At time of obtaining permanent residence.--At the
time an employment-based immigrant, alien spouse, or alien
child obtains permanent resident status on a conditional
basis under paragraph (1), the Secretary of Homeland Security
shall provide for notice to the alien, spouse, or child
respecting the provisions of this section and the
requirements of subsection (c)(1) to have the conditional
basis of such status removed.
``(B) At time of required petition.--In addition, the
Secretary of Homeland Security shall attempt to provide
notice to an employment-based immigrant, alien spouse, or
alien child, at or about the beginning of the 90-day period
described in subsection (d)(3), of the requirements of
subsection (c)(1).
``(C) Effect of failure to provide notice.--The failure of
the Secretary of Homeland Security to provide a notice under
this paragraph shall not affect the enforcement of the
provisions of this section with respect to an employment-
based immigrant, alien spouse, or alien child.
``(b) Termination of Status if Finding That Qualifying
Employment Improper.--
``(1) Alien investor.--In the case of an alien investor
with permanent resident status on a conditional basis under
subsection (a), if the Secretary of Homeland Security
determines, before the second anniversary of the alien's
obtaining the status of lawful admission for permanent
residence, that--
``(A) the investment in the commercial enterprise was
intended as a means of evading the immigration laws of the
United States;
``(B)(i) the alien did not invest, or was not actively in
the process of investing, the requisite capital; or
``(ii) the alien was not sustaining the actions described
in clause (i) throughout the period of the alien's residence
in the United States; or
``(C) subject to the exception in subsection (d)(4), the
alien was otherwise not conforming to the requirements under
section 203(b)(5),
the Secretary shall so notify the alien investor and, subject
to paragraph (3), shall terminate the permanent resident
status of the alien (and the alien spouse and alien child)
involved as of the date of the determination.
``(2) Employee of a federal national security, science, and
technology laboratory, center or agency.--In the case of an
employee of a Federal national security, science, and
technology laboratory, center, or agency (as defined pursuant
to section 203(b)(2)(C)) with permanent resident status on a
conditional basis under subsection (a), if the Secretary of
Homeland Security, in consultation with the relevant
employing department or agency, determines, before the first
anniversary of the alien's obtaining the status of lawful
admission for permanent residence, that--
``(A) the qualifying employment was intended as a means of
evading the immigration laws of the United States;
``(B) the alien has not completed or is not likely to
complete 12 months of qualifying continuous employment; or
``(C) the alien did not otherwise conform with the
requirements of section 203(b)(2),
the Secretary shall so notify the alien involved and, subject
to paragraph (3), shall terminate the permanent resident
status of the alien (and the alien spouse and alien child)
involved as of the date of the determination.
``(3) Hearing in removal proceeding.--Any alien whose
permanent resident status is terminated under paragraph (1)
or (2) may request a review of such determination in a
proceeding to remove the alien. In such proceeding, the
burden of proof shall be on the Secretary of Homeland
Security to establish, by a preponderance of the evidence,
that a condition described in paragraph (1) or (2), as
appropriate, is met.
``(c) Requirements of Timely Petition and Interview for
Removal of Condition.--
``(1) In general.--
``(A) Petition and interview.--In order for the conditional
basis established under subsection (a) for an employment-
based immigrant, alien spouse, or alien child to be removed--
``(i) the employment-based immigrant shall submit to the
Secretary of Homeland Security, during the period described
in subsection (d)(3), a petition which requests the removal
of such conditional basis and which states, under penalty of
perjury, the facts and information described in paragraph (1)
or (2) of subsection (d), as appropriate; and
``(ii) in accordance with subsection (d)(3), the
employment-based immigrant must appear for a personal
interview before an officer or employee of U.S. Citizenship
and Immigration Services respecting such facts and
information.
``(B) Separate petition not required.--An alien spouse or
alien child shall not be required to file separate petitions
under subparagraph (A)(i) if the employment-based immigrant's
petition includes such alien spouse or alien child.
``(C) Effect on spouse or child.--If the alien spouse or
alien child obtains permanent residence on a conditional
basis after the employment-based immigrant files a petition
under subparagraph (A)(i)--
``(i) the conditional basis of the permanent residence of
the alien spouse or alien child shall be removed upon
approval of the employment-based immigrant's petition under
this subsection;
``(ii) the permanent residence of the alien spouse or alien
child shall be unconditional if--
``(I) the employment-based immigrant's petition is approved
before the date on which
[[Page S5471]]
the spouse or child obtains permanent residence; or
``(II) the employment-based immigrant dies after the
approval of a petition under section 203(b)(5); and
``(iii) the alien child shall not be deemed ineligible for
approval under section 203(b)(5) or removal of conditions
under this section if the alien child reaches 21 years of age
during--
``(I) the pendency of the employment-based immigrant's
petition under section 203(b)(5); or
``(II) conditional residency under such section.
``(D) Additional fee.--Notwithstanding any other provision
under this section, the Secretary may require the employment-
based immigrant to pay an additional fee for a petition filed
under subparagraph (A)(i) that includes the alien's spouse
and child or children.
``(2) Termination of permanent resident status for failure
to file petition or have personal interview.--
``(A) In general.--In the case of an alien with permanent
resident status on a conditional basis under subsection (a),
if--
``(i) no petition is filed with respect to the alien in
accordance with the provisions of paragraph (1)(A); or
``(ii) unless there is good cause shown, the employment-
based immigrant fails to appear at the interview described in
paragraph (1)(B) (if required under subsection (d)(4)),
the Secretary of Homeland Security shall terminate the
permanent resident status of the alien (and the alien's
spouse and children if it was obtained on a conditional basis
under this section or section 216) as of the second
anniversary of the alien's lawful admission for permanent
residence.
``(B) Hearing in removal proceeding.--In any removal
proceeding with respect to an alien whose permanent resident
status is terminated under subparagraph (A), the burden of
proof shall be on the alien to establish compliance with the
conditions of paragraphs (1)(A) and (1)(B).
``(3) Determination after petition and interview.--
``(A) In general.--If--
``(i) a petition is filed in accordance with the provisions
of paragraph (1)(A); and
``(ii) the employment-based immigrant appears at any
interview described in paragraph (1)(B),
the Secretary of Homeland Security shall make a
determination, not later than 90 days after the date of such
filing or interview (whichever is later), as to whether the
facts and information described in paragraph (1) or (2) of
subsection (d), as appropriate, and alleged in the petition
are true.
``(B) Removal of conditional basis if favorable
determination.--
``(i) Header.--If the Secretary of Homeland Security
determines with respect to a petition filed by an alien
investor that such facts and information are true, the
Secretary shall so notify the alien investor and shall remove
the conditional basis of the alien's status effective as of
the second anniversary of the alien's lawful admission for
permanent residence.
``(ii) Removal of conditional basis for employee of a
federal national security, science, and technology
laboratory, center or agency.--If the Secretary of Homeland
Security determines with respect to a petition filed by an
employee of a Federal national security, science, and
technology laboratory, center, or agency that such facts and
information are true, the Secretary shall so notify the alien
and shall remove the conditional basis of the alien's status
effective as of the first anniversary of the alien's lawful
admission for permanent residence.
``(C) Termination if adverse determination.--If the
Secretary of Homeland Security determines that such facts and
information are not true, the Secretary shall so notify the
alien involved and, subject to subparagraph (D), shall
terminate the permanent resident status of an employment-
based immigrant, alien spouse, or alien child as of the date
of the determination.
``(D) Hearing in removal proceeding.--Any alien whose
permanent resident status is terminated under subparagraph
(C) may request a review of such determination in a
proceeding to remove the alien. In such proceeding, the
burden of proof shall be on the Secretary of Homeland
Security to establish, by a preponderance of the evidence,
that the facts and information described in subsection (d)(1)
and alleged in the petition are not true.
``(d) Details of Petition and Interview.--
``(1) Contents of petition by alien investor.--Each
petition filed by an alien investor under section (c)(1)(A)
shall contain facts and information demonstrating that the
alien--
``(A)(i) invested, or is actively in the process of
investing, the requisite capital; and
``(ii) sustained the actions described in clause (i)
throughout the period of the alien's residence in the United
States; and
``(B) except as provided in paragraph (4), is otherwise
conforming to the requirements under section 203(b)(5).
``(2) Contents of petition by employee of a federal
national security, science, and technology laboratory,
center, or agency.--Each petition under subsection (c)(1)(A)
filed by an employee of a Federal national security, science,
and technology laboratory, center, or agency shall contain
facts and information demonstrating that the alien is
conforming to the requirements of section 203(b)(2).
``(3) Period for filing petition.--
``(A) 90-day period before anniversary.--Except as provided
in subparagraph (B), the petition under subsection (c)(1)(A)
must be filed as follows:
``(i) In the case of an alien investor, during the 90-day
period before the second anniversary of the alien's lawful
admission for permanent residence.
``(ii) In the case of an employee of a Federal national
security, science, and technology laboratory, center, or
agency, during the 90-day period before the first anniversary
of the alien's lawful admission for permanent residence.
``(B) Late petitions.--Such a petition may be considered if
filed after such date, but only if the alien establishes to
the satisfaction of the Secretary of Homeland Security good
cause and extenuating circumstances for failure to file the
petition during the period described in subparagraph (A).
``(C) Filing of petitions during removal.--In the case of
an alien who is the subject of removal hearings as a result
of failure to file a petition on a timely basis in accordance
with subparagraph (A), the Secretary of Homeland Security may
stay such removal proceedings against an alien pending the
filing of the petition under subparagraph (B).
``(4) Personal interview.--The interview under subsection
(c)(1)(B) shall be conducted within 90 days after the date of
submitting a petition under subsection (c)(1)(A) and at a
local office of U.S. Citizenship and Immigration Services,
designated by the Secretary of Homeland Security, which is
convenient to the parties involved. The Secretary, in the
discretion of the Secretary, may waive the deadline for such
an interview or the requirement for such an interview in such
cases as may be appropriate.
``(5) Special rule for alien investors in a regional
center.--Each petition under subsection (c)(1)(A) filed by an
alien investor who invests in accordance with section
203(b)(5)(E) shall contain facts and information
demonstrating that the alien is complying with the
requirements under section 203(b)(5), except--
``(A) the alien shall not be subject to the requirements
under section 203(b)(5)(A)(ii); and
``(B) the petition shall contain the most recent financial
statement filed by the regional center in which the alien has
invested in accordance with section 203(b)(5)(G).
``(e) Treatment of Period for Purposes of Naturalization.--
For purposes of title III, in the case of an alien who is in
the United States as a lawful permanent resident on a
conditional basis under this section, the alien shall be
considered to have been admitted as an alien lawfully
admitted for permanent residence and to be in the United
States as an alien lawfully admitted to the United States for
permanent residence, if the alien has had the conditional
basis removed pursuant to this section.
``(f) Fraud, Misrepresentation, Criminal Misuse, or Threats
to the Public Safety or National Security.--If the Secretary
of Homeland Security determines, in his or her sole and
unreviewable discretion, that the conditional permanent
resident status granted to an employment-based immigrant
under subsection (a), or to an alien researcher described in
section 203(b)(2)(A)(ii) is contrary to the national interest
of the United States for reasons relating to fraud,
misrepresentation, criminal misuse, or threats to national
security, the Secretary shall--
``(1) notify the immigrant involved of such determination;
and
``(2) terminate the permanent resident status of the
immigrant involved (and the alien spouse and alien children
of such immigrant) as of the date of such determination.
``(g) Definitions.--In this section:
``(1) The term `alien investor' means an alien who obtains
the status of an alien lawfully admitted for permanent
residence (whether on a conditional basis or otherwise) under
section 203(b)(5).
``(2) The term `alien spouse' and the term `alien child'
mean an alien who obtains the status of an alien lawfully
admitted for permanent residence (whether on a conditional
basis or otherwise) by virtue of being the spouse or child,
respectively, of an alien investor or an employee of a
Federal national security, science, and technology
laboratory, center, or agency.
``(3) The term `commercial enterprise' includes a limited
partnership.
``(4) The term `employment-based immigrant' means an alien
described in paragraph (1) or (5).
``(5) The term `employee of a Federal national security,
science, and technology laboratory, center, or agency' means
an alien who obtains the status of an alien lawfully admitted
for permanent residence (whether on a conditional basis or
otherwise) under section 203(b)(2)(A)(ii).''.
(b) Conforming Amendment.--Section 216(e) (8 U.S.C.
1186a(e)) is amended by inserting before the period at the
end the following: ``, if the alien has had the conditional
basis removed pursuant to this section''.
(c) Clerical Amendment.--The table of contents is amended
by striking the item relating to section 216A and inserting
the following:
``Sec. 216A. Conditional permanent resident status for certain
employment-based immigrants, spouses, and children.''.
[[Page S5472]]
SEC. 4806. EB-5 VISA REFORMS.
(a) Aliens Not Subject to Direct Numerical Limitation.--
Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by
sections 2103(c)(2), 2212(d)(2), 2307(b), and 2402, is
further amended by adding at the end the following:
``(P) Aliens who are the spouse or a child of an alien
admitted as an employment-based immigrant under section
203(b)(5).''.
(b) Technical Amendment.--Section 203(b)(5), as amended by
this Act, is further amended by striking ``Attorney General''
each place it appears and inserting ``Secretary of Homeland
Security''.
(c) Targeted Employment Areas.--
(1) In general.--Section 203(b)(5)(B) (8 U.S.C.
1153(b)(5)(B)) is amended to read as follows:
``(B) Set-aside for targeted employment areas.--
``(i) In general.--Not fewer than 5,000 of the visas made
available under this paragraph in each fiscal year shall be
reserved for qualified immigrants who invest in a new
commercial enterprise described in subparagraph (A), which--
``(I) is investing such capital in a targeted employment
area; and
``(II) will create employment in such targeted employment
area.
``(ii) Duration of high unemployment and poverty area
designation.--A designation of a high unemployment or poverty
area as a targeted employment area shall be valid for 5 years
and may be renewed for additional 5-year periods if the area
continues to meet the definition of a high unemployment or
poverty area. An investor who has made the required amount of
investment in such a targeted employment area during its
period of designation shall not be required to increase the
amount of investment based upon expiration of the
designation.''.
(d) Adjustment of Minimum EB-5 Investment Amount.--Section
203(b)(5)(C)(i) (8 U.S.C. 1153(b)(5)(C)(i)) is amended--
(1) by striking ``The Attorney General'' and inserting
``The Secretary of Commerce'';
(2) by striking ``Secretary of State'' and inserting
``Secretary of Homeland Security''; and
(3) by adding at the end the following: ``Unless adjusted
by the Secretary of Commerce, the amount specified in this
clause shall automatically adjust, on January 1, 2016, by the
percentage change in the Consumer Price Index (CPI-U) during
fiscal year 2015, and on every fifth subsequent January 1 by
the cumulative percentage change in the CPI-U during the
previous 5 fiscal years, for any petition filed to classify
an alien under this paragraph on or after the date of each
automatic adjustment.''.
(e) Definitions.--
(1) In general.--Section 203(b)(5) (8 U.S.C. 1153(b)(5)),
as amended by subsections (b) and (c) and section 4804, is
further amended--
(A) by striking subparagraph (D) and inserting following:
``(D) Calculation of full-time employment.--Job creation
under this paragraph may consist of employment measured in
full-time equivalents, such as intermittent or seasonal
employment opportunities and construction jobs. A full-time
employment position is not a requirement for indirect job
creation.''; and
(B) by adding at the end the following:
``(K) Definitions.--In this paragraph:
``(i) The term `capital' means all real, personal, or mixed
assets, whether tangible or intangible, owned or controlled
by the investor, or held in trust for the benefit of the
investor, to which the investor has unrestricted access,
which shall be valued at fair market value in United States
dollars, in accordance with Generally Accepted Accounting
Principles, at the time it is invested under this paragraph.
``(ii) The term `full-time employment' means employment in
a position that requires at least 35 hours of service per
week, regardless of how many employees fill the position.
``(iii) The term `high unemployment and poverty area'
means--
``(I) an area consisting of a census tract or contiguous
census tracts that has an unemployment rate that is at least
150 percent of the national average unemployment rate and
includes at least 1 census tract with 20 percent of its
residents living below the poverty level as determined by the
Bureau of the Census; or
``(II) an area that is within the boundaries established
for purposes of a Federal or State economic development
incentive program, including areas defined as Enterprise
Zones, Renewal Communities, Promise Zones, and Empowerment
Zones.
``(iv) The term `rural area' means--
``(I) any area other than an area within a metropolitan
statistical area or within the outer boundary of any city or
town having a population of 20,000 or more (based on the most
recent decennial census of the United States); or
``(II) any city or town having a population of fewer than
20,000 (based on the most recent decennial census of the
United States) that is located within a State having a
population of fewer than 1,500,000 (based on the most recent
decennial census of the United States).
``(v) The term `targeted employment area' means a rural
area or a high unemployment and poverty area.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to any application for a visa under section
203(b)(5) of the Immigration and Nationality Act that is
filed on or after the date that is 1 year after the date of
the enactment of this Act.
(f) Age Determination for Children of Alien Investors.--
Section 203(h) (8 U.S.C. 1153(h)) is amended by adding at the
end the following:
``(5) Age determination for children of alien investors.--
An alien admitted under subsection (d) as a lawful permanent
resident on a conditional basis as the child of an alien
lawfully admitted for permanent residence under subsection
(b)(5), whose lawful permanent resident status on a
conditional basis is terminated under section 216A, shall
continue to be considered a child of the principal alien for
the purpose of a subsequent immigrant petition by such alien
under subsection (b)(5) if the alien remains unmarried and
the subsequent petition is filed by the principal alien not
later than 1 year after the termination of conditional lawful
permanent resident status. No alien shall be considered a
child under this paragraph with respect to more than 1
petition filed after the alien's 21st birthday.''.
(g) Enhanced Pay Scale for Certain Federal Employees
Administering the EB-5 Program.--The Secretary may establish,
fix the compensation of, and appoint individuals to,
designated critical administrative, technical, and
professional positions needed to administer sections
203(b)(5) and 216A of the Immigration and Nationality Act (8
U.S.C. 1153(b)(5) and 1186b).
(h) Delegation of Certain EB-5 Authority.--
(1) In general.--The Secretary of Homeland Security may
delegate to the Secretary of Commerce authority and
responsibility for determinations under sections 203(b)(5)
and 216A (with respect to alien entrepreneurs) of the
Immigration and Nationality Act (8 U.S.C. 1153(b)(5) and
1186a), including determining whether an alien has met
employment creation requirements.
(2) Regulations.--The Secretary of Homeland Security and
the Secretary of Commerce may each adopt such rules and
regulations as are necessary to carry out the delegation
authorized under paragraph (1), including regulations
governing the eligibility criteria for obtaining benefits
pursuant to the amendments made by this section.
(3) Use of fees.--Adjudication fees described in section
286(m) of the Immigration and Nationality Act (8 U.S.C.
1356(m)) shall remain available until expended to reimburse
the Secretary of Commerce for the costs of any determinations
made by the Secretary of Commerce under paragraph (1).
(i) Concurrent Filing of EB-5 Petitions and Applications
for Adjustment of Status.--Section 245 (8 U.S.C. 1255), as
amended by section 4237(b), is further amended--
(1) in subsection (k), in the matter preceding paragraph
(1), by striking ``or (3)'' and inserting ``(3), (5), or
(7)''; and
(2) by adding at the end the following:
``(o) At the time a petition is filed for classification
under section 203(b)(5), if the approval of such petition
would make a visa immediately available to the alien
beneficiary, the alien beneficiary's application for
adjustment of status under this section shall be considered
to be properly filed whether the application is submitted
concurrently with, or subsequent to, the visa petition.''.
SEC. 4807. AUTHORIZATION OF APPROPRIATIONS.
(a) Funding.--There are authorized to be appropriated from
the Trust Fund established under section 6(a) such sums as
may be necessary to carry out sections 1110, 2101, 2104,
2212, 2213, 2221, 2232, 3301, 3501, 3502, 3503, 3504, 3505,
3506, 3605, 3610, 4221, and 4401 of this Act.
(b) Availability of Funds.--Amounts appropriated pursuant
to this section shall remain available until expended unless
otherwise specified in this Act.
Subtitle I--Student and Exchange Visitor Programs
SEC. 4901. SHORT TITLE.
This subtitle may be cited as the ``Student Visa Integrity
Act''.
SEC. 4902. SEVIS AND SEVP DEFINED.
In this subtitle:
(1) SEVIS.--The term ``SEVIS'' means the Student and
Exchange Visitor Information System of the Department of
Homeland Security.
(2) SEVP.--The term ``SEVP'' means the Student and Exchange
Visitor Program of the Department of Homeland Security.
SEC. 4903. INCREASED CRIMINAL PENALTIES.
Section 1546(a) of title 18, United States Code, is amended
by striking ``10 years'' and inserting ``15 years (if the
offense was committed by an owner, official, employee, or
agent of an educational institution with respect to such
institution's participation in the Student and Exchange
Visitor Program), 10 years''.
SEC. 4904. ACCREDITATION REQUIREMENT.
Section 101(a)(52) (8 U.S.C. 1101(a)(52)) is amended to
read as follows:
``(52) Except as provided in section 214(m)(4), the term
`accredited college, university, or language training
program' means a college, university, or language training
program that is accredited by an accrediting agency
recognized by the Secretary of Education.''.
SEC. 4905. OTHER ACADEMIC INSTITUTIONS.
Section 214(m) (8 U.S.C. 1184(m)) is amended by adding at
the end the following:
``(3) The Secretary of Homeland Security shall require
accreditation of an academic institution (except for
seminaries or other
[[Page S5473]]
religious institutions) for purposes of section 101(a)(15)(F)
if--
``(A) that institution is not already required to be
accredited under section 101(a)(15)(F)(i); and
``(B) an appropriate accrediting agency recognized by the
Secretary of Education is able to provide such accreditation.
``(4) The Secretary of Homeland Security, in the
Secretary's discretion, may waive the accreditation
requirement in section 101(a)(15)(F)(i) with respect to an
accredited college, university, or language training program
if the academic institution--
``(A) is otherwise in compliance with the requirements of
such section; and
``(B) is, on the date of the enactment of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996,
a candidate for accreditation or, after such date, has been a
candidate for accreditation for at least 1 year and continues
to progress toward accreditation by an accreditation agency
recognized by the Secretary of Education.''.
SEC. 4906. PENALTIES FOR FAILURE TO COMPLY WITH SEVIS
REPORTING REQUIREMENTS.
Section 641 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1372) is amended--
(1) in subsection (c)(1)--
(A) by striking ``institution,,'' each place it appears and
inserting ``institution,''; and
(B) in subparagraph (D), by striking ``and'' at the end;
(2) in subsection (d)(2), by striking ``fails to provide
the specified information'' and all that follows and
inserting ``does not comply with the reporting requirements
set forth in this section, the Secretary of Homeland Security
may--
``(A) impose a monetary fine on such institution in an
amount to be determined by the Secretary; and
``(B) suspend the authority of such institution to issue a
Form I-20 to any alien.''.
SEC. 4907. VISA FRAUD.
(a) Immediate Withdrawal of SEVP Certification.--Section
641(d) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1372(d)) is amended--
(1) in paragraph (1)(A), by striking ``institution,,'' and
inserting ``institution,''; and
(2) by adding at the end the following:
``(3) Effect of reasonable suspicion of fraud.--If the
Secretary of Homeland Security has reasonable suspicion that
an owner of, or a designated school official at, an approved
institution of higher education, an other approved
educational institution, or a designated exchange visitor
program has committed fraud or attempted to commit fraud
relating to any aspect of the Student and Exchange Visitor
Program, or if such owner or designated school official is
indicted for such fraud, the Secretary may immediately--
``(A) suspend such certification without prior
notification; and
``(B) suspend such official's or such school's access to
the Student and Exchange Visitor Information System
(SEVIS).''.
(b) Effect of Conviction for Visa Fraud.--Section 641(d) of
the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996, as amended by subsection (a), is further amended
by adding at the end the following:
``(5) Permanent disqualification for fraud.--A designated
school official at, or an owner of, an approved institution
of higher education, an other approved educational
institution, or a designated exchange visitor program who is
convicted for fraud relating to any aspect of the Student and
Exchange Visitor Program shall be permanently disqualified
from filing future petitions and from having an ownership
interest or a management role (including serving as a
principal, owner, officer, board member, general partner,
designated school official, or any other position of
substantive authority for the operations or management of the
institution) in any United States educational institution
that enrolls nonimmigrant alien students described in
subparagraph (F) or (M) of section 101(a)(15) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)).''.
SEC. 4908. BACKGROUND CHECKS.
(a) In General.--Section 641(d) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1372(d)), as amended by section 4907 of this Act, is further
amended by adding at the end the following:
``(6) Background check requirement.--
``(A) In general.--An individual may not serve as a
designated school official or be granted access to SEVIS
unless the individual is a national of the United States or
an alien lawfully admitted for permanent residence and during
the most recent 3-year period--
``(i) the Secretary of Homeland Security has--
``(I) conducted a thorough background check on the
individual, including a review of the individual's criminal
and sex offender history and the verification of the
individual's immigration status; and
``(II) determined that the individual--
``(aa) has not been convicted of any violation of United
States immigration law; and
``(bb) is not a risk to the national security of the United
States; and
``(ii) the individual has successfully completed an on-line
training course on SEVP and SEVIS, which has been developed
by the Secretary.
``(B) Interim designated school official.--
``(i) In general.--An individual may serve as an interim
designated school official during the period that the
Secretary is conducting the background check required by
subparagraph (A)(i)(I).
``(ii) Reviews by the secretary.--If an individual serving
as an interim designated school official under clause (i)
does not successfully complete the background check required
by subparagraph (A)(i)(I), the Secretary shall review each
Form I-20 issued by such interim designated school official.
``(7) Fee.--The Secretary is authorized to collect a fee
from an approved school for each background check conducted
under paragraph (6)(A)(i). The amount of such fee shall be
equal to the average amount expended by the Secretary to
conduct such background checks.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date that is 1 year after the date
of the enactment of this Act.
SEC. 4909. REVOCATION OF AUTHORITY TO ISSUE FORM I-20 OF
FLIGHT SCHOOLS NOT CERTIFIED BY THE FEDERAL
AVIATION ADMINISTRATION.
Immediately upon the enactment of this Act, the Secretary
shall prohibit any flight school in the United States from
accessing SEVIS or issuing a Form I-20 to an alien seeking a
student visa pursuant to subparagraph (F)(i) or (M)(i) of
section 101(a)(15) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)) if the flight school has not been
certified to the satisfaction of the Secretary and by the
Federal Aviation Administration pursuant to part 141 or part
142 of title 14, Code of Federal Regulations (or similar
successor regulations).
SEC. 4910. REVOCATION OF ACCREDITATION.
At the time an accrediting agency or association is
required to notify the Secretary of Education and the
appropriate State licensing or authorizing agency of the
final denial, withdrawal, suspension, or termination of
accreditation of an institution pursuant to section 496 of
the Higher Education Act of 1965 (20 U.S.C. 1099b), such
accrediting agency or association shall notify the Secretary
of Homeland Security of such determination and the Secretary
of Homeland Security shall immediately withdraw the school
from the SEVP and prohibit the school from accessing SEVIS.
SEC. 4911. REPORT ON RISK ASSESSMENT.
Not later than 180 days after the date of the enactment of
this Act, the Secretary shall submit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives a report that contains the risk
assessment strategy that will be employed by the Secretary to
identify, investigate, and take appropriate action against
schools and school officials that are facilitating the
issuance of Form I-20 and the maintenance of student visa
status in violation of the immigration laws of the United
States.
SEC. 4912. IMPLEMENTATION OF GAO RECOMMENDATIONS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary shall submit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives a report that describes--
(1) the process in place to identify and assess risks in
the SEVP;
(2) a risk assessment process to allocate SEVP's resources
based on risk;
(3) the procedures in place for consistently ensuring a
school's eligibility, including consistently verifying in
lieu of letters;
(4) how SEVP identified and addressed missing school case
files;
(5) a plan to develop and implement a process to monitor
State licensing and accreditation status of all SEVP-
certified schools;
(6) whether all flight schools that have not been certified
to the satisfaction of the Secretary and by the Federal
Aviation Administration have been removed from the program
and have been restricted from accessing SEVIS;
(7) the standard operating procedures that govern
coordination among SEVP, Counterterrorism and Criminal
Exploitation Unit, and U.S. Immigration and Customs
Enforcement field offices; and
(8) the established criteria for referring cases of a
potentially criminal nature from SEVP to the counterterrorism
and intelligence community.
SEC. 4913. IMPLEMENTATION OF SEVIS II.
Not later than 2 years after the date of the enactment of
this Act, the Secretary shall complete the deployment of both
phases of the second generation Student and Exchange Visitor
Information System (commonly known as ``SEVIS II'').
TITLE V--JOBS FOR YOUTH
SEC. 5101. DEFINITIONS.
In this title:
(1) Chief elected official.--The term ``chief elected
official'' means the chief elected executive officer of a
unit of local government in a local workforce investment area
or in the case in which such an area includes more than one
unit of general government, the individuals designated under
an agreement described in section 117(c)(1)(B) of the
Workforce Investment Act of 1998 (29 U.S.C. 2832(c)(1)(B)).
(2) Local workforce investment area.--The term ``local
workforce investment area'' means such area designated under
section 116 of the Workforce Investment Act of 1998 (29
U.S.C. 2831).
[[Page S5474]]
(3) Local workforce investment board.--The term ``local
workforce investment board'' means such board established
under section 117 of the Workforce Investment Act of 1998 (29
U.S.C. 2832).
(4) Low-income youth.--The term ``low-income youth'' means
an individual who--
(A) is not younger than 16 but is younger than 25;
(B) meets the definition of a low-income individual
provided in section 101(25) of the Workforce Investment Act
of 1998 (29 U.S.C. 2801(25)), except that States and local
workforce investment areas, subject to approval in the
applicable State plans and local plans, may increase the
income level specified in subparagraph (B)(i) of such section
to an amount not in excess of 200 percent of the poverty line
for purposes of determining eligibility for participation in
activities under section 5103; and
(C) is in one or more of the categories specified in
section 101(13)(C) of the Workforce Investment Act of 1998
(29 U.S.C. 2801(13)(C)).
(5) Poverty line.--The term ``poverty line'' means a
poverty line as defined in section 673 of the Community
Services Block Grant Act (42 U.S.C. 9902), applicable to a
family of the size involved.
(6) State.--The term ``State'' means each of the several
States of the United States, and the District of Columbia.
SEC. 5102. ESTABLISHMENT OF YOUTH JOBS FUND.
(a) Establishment.--There is established in the Treasury of
the United States an account that shall be known as the Youth
Jobs Fund (referred to in this title as ``the Fund'').
(b) Deposits Into the Fund.--Out of any amounts in the
Treasury not otherwise appropriated, there is appropriated
$1,500,000,000 for fiscal year 2014, which shall be paid to
the Fund, to be used by the Secretary of Labor to carry out
this title.
(c) Availability of Funds.--Of the amounts deposited into
the Fund under subsection (b), the Secretary of Labor shall
allocate $1,500,000,000 to provide summer and year-round
employment opportunities to low-income youth in accordance
with section 5103.
(d) Period of Availability.--The amounts appropriated under
this title shall be available for obligation by the Secretary
of Labor until December 31, 2014, and shall be available for
expenditure by grantees (including subgrantees) until
September 30, 2015.
SEC. 5103. SUMMER EMPLOYMENT AND YEAR-ROUND EMPLOYMENT
OPPORTUNITIES FOR LOW-INCOME YOUTH.
(a) In General.--From the funds available under section
5102(c), the Secretary of Labor shall make an allotment under
subsection (c) to each State that has a modification to a
State plan approved under section 112 of the Workforce
Investment Act of 1998 (29 U.S.C. 2822) (referred to in this
section as a ``State plan modification'') (or other State
request for funds specified in guidance under subsection (b))
approved under subsection (d) and recipient under section
166(c) of the Workforce Investment Act of 1998 (29 U.S.C.
2911(c)) (referred to in this section as a ``Native American
grantee'') that meets the requirements of this section, for
the purpose of providing summer employment and year-round
employment opportunities to low-income youth.
(b) Guidance and Application of Requirements.--
(1) Guidance.--Not later than 20 days after the date of
enactment of this Act, the Secretary of Labor shall issue
guidance regarding the implementation of this section.
(2) Procedures.--Such guidance shall, consistent with this
section, include procedures for--
(A) the submission and approval of State plan
modifications, for such other forms of requests for funds by
the State as may be identified in such guidance, for
modifications to local plans approved under section 118 of
the Workforce Investment Act of 1998 (29 U.S.C. 2833)
(referred to individually in this section as a ``local plan
modification''), or for such other forms of requests for
funds by local workforce investment areas as may be
identified in such guidance, that promote the expeditious and
effective implementation of the activities authorized under
this section; and
(B) the allotment and allocation of funds, including
reallotment and reallocation of such funds, that promote such
implementation.
(3) Requirements.--Except as otherwise provided in the
guidance described in paragraph (1) and in this section and
other provisions of this title, the funds provided for
activities under this section shall be administered in
accordance with the provisions of subtitles B and E of title
I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et
seq., 2911 et seq.) relating to youth activities.
(c) State Allotments.--
(1) In general.--Using the funds described in subsection
(a), the Secretary of Labor shall allot to each State the
total of the amounts assigned to the State under
subparagraphs (A) and (B) of paragraph (2).
(2) Assignments to states.--
(A) Minimum amounts.--Using funds described in subsection
(a), the Secretary of Labor shall assign to each State an
amount equal to \1/2\ of 1 percent of such funds.
(B) Formula amounts.--The Secretary of Labor shall assign
the remainder of the funds described in subsection (a) among
the States by assigning--
(i) 33\1/3\ percent on the basis of the relative number of
individuals in the civilian labor force who are not younger
than 16 but younger than 25 in each State, compared to the
total number of individuals in the civilian labor force who
are not younger than 16 but younger than 25 in all States;
(ii) 33\1/3\ percent on the basis of the relative number of
unemployed individuals in each State, compared to the total
number of unemployed individuals in all States; and
(iii) 33\1/3\ on the basis of the relative number of
disadvantaged young adults and youth in each State, compared
to the total number of disadvantaged young adults and youth
in all States.
(3) Reallotment.--If the Governor of a State does not
submit a State plan modification or other State request for
funds specified in guidance under subsection (b) by the date
specified in subsection (d)(2)(A), or a State does not
receive approval of such State plan modification or request,
the amount the State would have been eligible to receive
pursuant to paragraph (1) shall be allocated to States that
receive approval of State plan modifications or requests
specified in the guidance. Each such State shall receive a
share of the total amount available for reallotment under
this paragraph, in accordance with the State's share of the
total amount allotted under paragraph (1) to such State.
(4) Definitions.--For purposes of paragraph (2), the term
``disadvantaged young adult or youth'' means an individual
who is not younger than 16 but is younger than 25 who
received an income, or is a member of a family that received
a total family income, that, in relation to family size, does
not exceed the higher of--
(A) the poverty line; or
(B) 70 percent of the lower living standard income level.
(d) State Plan Modification.--
(1) In general.--For a State to be eligible to receive an
allotment of funds under subsection (c), the Governor of the
State shall submit to the Secretary of Labor a State plan
modification, or other State request for funds specified in
guidance under subsection (b), in such form and containing
such information as the Secretary may require. At a minimum,
such State plan modification or request shall include--
(A) a description of the strategies and activities to be
carried out to provide summer employment opportunities and
year-round employment opportunities, including linkages to
training and educational activities, consistent with
subsection (f);
(B) a description of the requirements the State will apply
relating to the eligibility of low-income youth, consistent
with section 5101(4), for summer employment opportunities and
year-round employment opportunities, which requirements may
include criteria to target assistance to particular
categories of such low-income youth, such as youth with
disabilities, consistent with subsection (f);
(C) a description of the performance outcomes to be
achieved by the State through the activities carried out
under this section and the processes the State will use to
track performance, consistent with guidance provided by the
Secretary of Labor regarding such outcomes and processes and
with section 5104(b);
(D) a description of the timelines for implementation of
the strategies and activities described in subparagraph (A),
and the number of low-income youth expected to be placed in
summer employment opportunities, and year-round employment
opportunities, respectively, by quarter;
(E) assurances that the State will report such information,
relating to fiscal, performance, and other matters, as the
Secretary may require and as the Secretary determines is
necessary to effectively monitor the activities carried out
under this section;
(F) assurances that the State will ensure compliance with
the requirements, restrictions, labor standards, and other
provisions described in section 5104(a); and
(G) if a local board and chief elected official in the
State will provide employment opportunities with the link to
training and educational activities described in subsection
(f)(2)(B), a description of how the training and educational
activities will lead to the industry-recognized credential
involved.
(2) Submission and approval of state plan modification or
request.--
(A) Submission.--The Governor shall submit the State plan
modification or other State request for funds specified in
guidance under subsection (b) to the Secretary of Labor not
later than 30 days after the issuance of such guidance.
(B) Approval.--The Secretary of Labor shall approve the
State plan modification or request submitted under
subparagraph (A) within 30 days after submission, unless the
Secretary determines that the plan or request is inconsistent
with the requirements of this section. If the Secretary has
not made a determination within that 30-day period, the plan
or request shall be considered to be approved. If the plan or
request is disapproved, the Secretary may provide a
reasonable period of time in which the plan or request may be
amended and resubmitted for approval. If the plan or request
is approved, the Secretary shall allot funds to the State
under subsection (c) within 30 days after such approval.
(3) Modifications to state plan or request.--The Governor
may submit further modifications to a State plan modification
or other State request for funds specified under subsection
(b), consistent with the requirements of this section.
[[Page S5475]]
(e) Within-State Allocation and Administration.--
(1) In general.--Of the funds allotted to the State under
subsection (c), the Governor--
(A) may reserve not more than 5 percent of the funds for
administration and technical assistance; and
(B) shall allocate the remainder of the funds among local
workforce investment areas within the State in accordance
with clauses (i) through (iii) of subsection (c)(2)(B),
except that for purposes of such allocation references to a
State in subsection (c)(2)(B) shall be deemed to be
references to a local workforce investment area and
references to all States shall be deemed to be references to
all local workforce investment areas in the State involved.
(2) Local plan.--
(A) Submission.--In order to receive an allocation under
paragraph (1)(B), the local workforce investment board, in
partnership with the chief elected official for the local
workforce investment area involved, shall submit to the
Governor a local plan modification, or such other request for
funds by local workforce investment areas as may be specified
in guidance under subsection (b), not later than 30 days
after the submission by the State of the State plan
modification or other State request for funds specified in
guidance under subsection (b), describing the strategies and
activities to be carried out under this section.
(B) Approval.--The Governor shall approve the local plan
modification or other local request for funds submitted under
subparagraph (A) within 30 days after submission, unless the
Governor determines that the plan or request is inconsistent
with requirements of this section. If the Governor has not
made a determination within that 30-day period, the plan
shall be considered to be approved. If the plan or request is
disapproved, the Governor may provide a reasonable period of
time in which the plan or request may be amended and
resubmitted for approval. If the plan or request is approved,
the Governor shall allocate funds to the local workforce
investment area within 30 days after such approval.
(3) Reallocation.--If a local workforce investment board
and chief elected official do not submit a local plan
modification (or other local request for funds specified in
guidance under subsection (b)) by the date specified in
paragraph (2), or the Governor disapproves a local plan, the
amount the local workforce investment area would have been
eligible to receive pursuant to the formula under paragraph
(1)(B) shall be allocated to local workforce investment areas
that receive approval of their local plan modifications or
local requests for funds under paragraph (2). Each such local
workforce investment area shall receive a share of the total
amount available for reallocation under this paragraph, in
accordance with the area's share of the total amount
allocated under paragraph (1)(B) to such local workforce
investment areas.
(f) Use of Funds.--
(1) In general.--The funds made available under this
section shall be used--
(A) to provide summer employment opportunities for low-
income youth, with direct linkages to academic and
occupational learning, and may be used to provide supportive
services, such as transportation or child care, that is
necessary to enable the participation of such youth in the
opportunities; and
(B) to provide year-round employment opportunities, which
may be combined with other activities authorized under
section 129 of the Workforce Investment Act of 1998 (29
U.S.C. 2854), to low-income youth.
(2) Program priorities.--In administering the funds under
this section, the local board and chief elected official
shall give priority to--
(A) identifying employment opportunities that are--
(i) in emerging or in-demand occupations in the local
workforce investment area; or
(ii) in the public or nonprofit sector and meet community
needs; and
(B) linking participants in year-round employment
opportunities to training and educational activities that
will provide such participants an industry-recognized
certificate or credential (referred to in this title as an
``industry-recognized credential'').
(3) Administration.--Not more than 5 percent of the funds
allocated to a local workforce investment area under this
section may be used for the costs of administration of this
section.
(4) Performance accountability.--For activities funded
under this section, in lieu of meeting the requirements
described in section 136 of the Workforce Investment Act of
1998 (29 U.S.C. 2871), States and local workforce investment
areas shall provide such reports as the Secretary of Labor
may require regarding the performance outcomes described in
section 5104(b)(5).
SEC. 5104. GENERAL REQUIREMENTS.
(a) Labor Standards and Protections.--Activities provided
with funds made available under this title shall be subject
to the requirements and restrictions, including the labor
standards, described in section 181 of the Workforce
Investment Act of 1998 (29 U.S.C. 2931) and the
nondiscrimination provisions of section 188 of such Act (29
U.S.C. 2938), in addition to other applicable Federal laws.
(b) Reporting.--The Secretary of Labor may require the
reporting of information relating to fiscal, performance and
other matters that the Secretary determines is necessary to
effectively monitor the activities carried out with funds
provided under this title. At a minimum, recipients of grants
(including recipients of subgrants) under this title shall
provide information relating to--
(1) the number of individuals participating in activities
with funds provided under this title and the number of such
individuals who have completed such participation;
(2) the expenditures of funds provided under this title;
(3) the number of jobs created pursuant to the activities
carried out under this title;
(4) the demographic characteristics of individuals
participating in activities under this title; and
(5) the performance outcomes for individuals participating
in activities under this title, including--
(A) for low-income youth participating in summer employment
activities under section 5103, performance on indicators
consisting of--
(i) work readiness skill attainment using an employer
validated checklist;
(ii) placement in or return to secondary or postsecondary
education or training, or entry into unsubsidized employment;
and
(B) for low-income youth participating in year-round
employment activities under section 5103, performance on
indicators consisting of--
(i) placement in or return to postsecondary education;
(ii) attainment of a secondary school diploma or its
recognized equivalent;
(iii) attainment of an industry-recognized credential; and
(iv) entry into, retention in, and earnings in,
unsubsidized employment.
(c) Activities Required To Be Additional.--Funds provided
under this title shall only be used for activities that are
in addition to activities that would otherwise be available
in the State or local workforce investment area in the
absence of such funds.
(d) Additional Requirements.--The Secretary of Labor may
establish such additional requirements as the Secretary
determines may be necessary to ensure fiscal integrity,
effective monitoring, and the appropriate and prompt
implementation of the activities under this title.
(e) Report of Information and Evaluations to Congress and
the Public.--The Secretary of Labor shall provide to the
appropriate committees of Congress and make available to the
public the information reported pursuant to subsection (b).
SEC. 5105. VISA SURCHARGE.
(a) Collection.--
(1) In general.--Subject to paragraph (2), and in addition
to any fees otherwise imposed for such visas, the Secretary
shall collect a surcharge of $10 from an employer that
submits an application for--
(A) an employment-based visa under paragraph (3), (4), (5),
or (6) of section 203(b) of the Immigration and Nationality
Act (8 U.S.C. 1153(b)); and
(B) a nonimmigrant visa under subparagraph (C), (H)(i)(b),
(H)(i)(c), (H)(ii)(a), (H)(ii)(B), (O), (P), (R), or (W) of
section 101(a)(15) of such Act (8 U.S.C. 1101(a)(15)).
(2) Expiration.--The Secretary shall suspend the collection
of the surcharge authorized under paragraph (1) on the date
on which the Secretary has collected a cumulative total of
$1,500,000,000 under this subsection.
(b) Deposit.--All of the amounts collected under subsection
(a)(1) shall be deposited in the general fund of the
Treasury.
Mr. REID. Mr. President, I suggest the absence of a quorum.
The VICE PRESIDENT. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. REED. Mr. President, I ask unanimous consent the order for the
quorum call be rescinded.
The PRESIDING OFFICER (Mr. Coons). Without objection, it is so
ordered.
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