I 

113TH CONGRESS 

1ST SESSION H. R. 15 

To provide for comprehensive immigration reform and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 2, 2013 

Mr. GARCIA (for himself, Ms. CHU, Mr. HORSFORD, Mr. POLIS, Ms. 

DELBENE, Ms. PELOSI, Mr. HOYER, Mr. CLYBURN, Mr. BECERRA, Mr. 

CROWLEY, Mr. VAN HOLLEN, Mr. ISRAEL, Ms. DUCKWORTH, Mr. GENE

GREEN of Texas, Ms. SPEIER, Ms. TITUS, Ms. LINDA T. SA ́NCHEZ of 

California, Mr. DAVID SCOTT of Georgia, Mr. DELANEY, Mr. LARSEN of 

Washington, Mr. O’ROURKE, Ms. JACKSON LEE, Mr. PETERS of California, Mr. GALLEGO, Ms. MICHELLE LUJAN GRISHAM of New Mexico, 

Mr. HINOJOSA, Mr. CONNOLLY, Mr. HIMES, Ms. BROWNLEY of California, Mr. ENGEL, Mr. PERLMUTTER, Mr. SHERMAN, Ms. WASSERMAN

SCHULTZ, Mr. VARGAS, Mr. CA ́RDENAS, Mr. KILDEE, Mrs. NAPOLITANO, 

Mr. SWALWELL of California, Mr. RUIZ, Mr. LOWENTHAL, Mr. TAKANO, 

Mr. DOGGETT, Mr. QUIGLEY, Mr. BARBER, Mr. CASTRO of Texas, Mr. 

BEN RAY LUJA ́N of New Mexico, Mr. FOSTER, Ms. ROYBAL-ALLARD, 

Ms. KUSTER, Ms. WILSON of Florida, Mr. SABLAN, Mr. SIRES, Mrs. 

MCCARTHY of New York, Ms. LORETTA SANCHEZ of California, Ms. 

SCHWARTZ, Mr. DEUTCH, Mr. MAFFEI, Mr. HUFFMAN, Mr. SCHRADER, 

Mr. MORAN, Mr. SCHIFF, Mr. MURPHY of Florida, Mrs. NEGRETE

MCLEOD, Mr. HECK of Washington, Mr. POCAN, Mr. SMITH of Washington, Ms. KELLY of Illinois, Ms. HANABUSA, Mr. SERRANO, Mr. 

OWENS, Ms. ESTY, Ms. FRANKEL of Florida, Mr. KIND, Mr. SEAN PATRICK MALONEY of New York, Mr. PIERLUISI, Mr. KILMER, Mr. HONDA, 

Mr. THOMPSON of California, Ms. ESHOO, Mr. SCHNEIDER, Mr. 

CUELLAR, Mr. FALEOMAVAEGA, Ms. MCCOLLUM, Ms. MENG, Mr. RANGEL, Ms. MATSUI, Mrs. CAROLYN B. MALONEY of New York, Ms. HAHN, 

Ms. CASTOR of Florida, Mr. NADLER, Mr. VEASEY, Mrs. KIRKPATRICK, 

Ms. MOORE, Mr. CICILLINE, Mr. CARTWRIGHT, Mr. MEEKS, Ms. 

DEGETTE, Mr. HASTINGS of Florida, Mr. COHEN, Mr. CLAY, Mr. CONYERS, Ms. SCHAKOWSKY, Mr. MCDERMOTT, Mr. ANDREWS, Mr. BLUMENAUER, Mr. DINGELL, Mr. GARAMENDI, Mr. LANGEVIN, Mr. TONKO, 

Mr. PASTOR of Arizona, Ms. VELA ́ZQUEZ, Mr. FARR, Mr. COSTA, Mr. 

PRICE of North Carolina, Ms. BONAMICI, Mr. LARSON of Connecticut, 

Ms. SINEMA, Mr. COURTNEY, Mr. PALLONE, Mr. LEWIS, and Mr. GRAYSON) introduced the following bill; which was referred to the Committee 

on the Judiciary, and in addition to the Committees on Foreign Affairs, 


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Homeland Security, Ways and Means, Armed Services, Natural Resources, Agriculture, Education and the Workforce, Energy and Commerce, Oversight and Government Reform, the Budget, Science, Space, 

and Technology, Financial Services, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each 

case for consideration of such provisions as fall within the jurisdiction of 

the committee concerned 

A BILL 

To provide for comprehensive immigration reform and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Border Security, Economic Opportunity, and Immigra6 tion Modernization Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Statement of congressional findings. 

Sec. 3. Reports on current border security status. 

Sec. 4. Border security metrics and goals. 

Sec. 5. Southern Border Security Commission. 

Sec. 6. Border Security Results Strategy. 

Sec. 7. US–VISIT Implementation. 

Sec. 8. Alternate model for border security strategy development. 

Sec. 9. Comprehensive Immigration Reform Funds. 

Sec. 10. Reference to the Immigration and Nationality Act. 

Sec. 11. Definitions. 

Sec. 12. Grant accountability. 

TITLE I—BORDER SECURITY 

Sec. 1101. Definitions. 

Sec. 1102. Additional U.S. Customs and Border Protection officers. 

Sec. 1103. National Guard support to secure the Southern border. 

Sec. 1104. Enhancement of existing border security operations. 


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Sec. 1105. Border security on certain Federal land. 

Sec. 1106. Equipment and technology. 

Sec. 1107. Access to emergency personnel. 

Sec. 1108. Southwest Border Region Prosecution Initiative. 

Sec. 1109. Interagency collaboration. 

Sec. 1110. State Criminal Alien Assistance Program. 

Sec. 1111. Use of force. 

Sec. 1112. Training for border security and immigration enforcement officers. 

Sec. 1113. Department of Homeland Security Border Oversight Task Force. 

Sec. 1114. Ombudsman for Immigration Related Concerns of the Department 

of Homeland Security. 

Sec. 1115. Protection of family values in apprehension programs. 

Sec. 1116. Reports. 

Sec. 1117. Severability and delegation. 

Sec. 1118. Prohibition on land border crossing fees. 

Sec. 1119. Human Trafficking Reporting. 

Sec. 1120. Rule of construction. 

Sec. 1121. Limitations on dangerous deportation practices. 

Sec. 1122. Maximum allowable costs of salaries of contractor employees. 

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. 


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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. Fiance ́e and fiance ́ child status protection. 

Sec. 2311. Equal treatment for all stepchildren. 

Sec. 2312. Modification of adoption age requirements. 

Sec. 2313. Relief for orphans, widows, and widowers. 

Sec. 2314. Discretionary authority with respect to removal, deportation, or inadmissibility of citizen and resident immediate family members. 

Sec. 2315. Waivers of inadmissibility. 

Sec. 2316. Continuous presence. 

Sec. 2317. Global health care cooperation. 

Sec. 2318. Extension and improvement of the Iraqi special immigrant visa program. 

Sec. 2319. Extension and improvement of the Afghan special immigrant visa 

program. 

Sec. 2320. Special Immigrant Nonminister Religious Worker Program. 

Sec. 2321. Special immigrant status for certain surviving spouses and children. 

Sec. 2322. Reunification of certain families of Filipino veterans of World War 

II. 

Subtitle D—Conrad State 30 and Physician Access 

Sec. 2401. Conrad State 30 Program. 

Sec. 2402. Retaining physicians who have practiced in medically underserved 

communities. 

Sec. 2403. Employment protections for physicians. 

Sec. 2404. Allotment of Conrad 30 waivers. 

Sec. 2405. Amendments to the procedures, definitions, and other provisions related to physician immigration. 

Subtitle E—Integration 


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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. 

TITLE III—INTERIOR ENFORCEMENT 

Subtitle A—Employment Verification System 

Sec. 3101. Unlawful employment of unauthorized aliens. 

Sec. 3102. Increasing security and integrity of social security cards. 

Sec. 3103. Increasing security and integrity of immigration documents. 

Sec. 3104. Responsibilities of the Social Security Administration. 

Sec. 3105. Improved prohibition on discrimination based on national origin or 

citizenship status. 

Sec. 3106. Rulemaking. 

Sec. 3107. Office of the Small Business and Employee Advocate. 

Subtitle B—Protecting United States Workers 

Sec. 3201. Protections for victims of serious violations of labor and employment 

law or crime. 

Sec. 3202. Employment Verification System Education Funding. 

Sec. 3203. Directive to the United States Sentencing Commission. 


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Subtitle C—Other Provisions 

Sec. 3301. Funding. 

Sec. 3302. Effective date. 

Sec. 3303. Mandatory exit system. 

Sec. 3304. Identity-theft resistant manifest information for passengers, crew, 

and non-crew onboard departing aircraft and vessels. 

Sec. 3305. Profiling. 

Sec. 3306. Enhanced penalties for certain drug offenses on Federal lands. 

Subtitle D—Asylum and Refugee Provisions 

Sec. 3401. Time limits and efficient adjudication of genuine asylum claims. 

Sec. 3402. Refugee family protections. 

Sec. 3403. Clarification on designation of certain refugees. 

Sec. 3404. Asylum determination efficiency. 

Sec. 3405. Stateless persons in the United States. 

Sec. 3406. U visa accessibility. 

Sec. 3407. Work authorization while applications for U and T visas are pending. 

Sec. 3408. Representation at overseas refugee interviews. 

Sec. 3409. Law enforcement and national security checks. 

Sec. 3410. Tibetan refugee assistance. 

Sec. 3411. Termination of asylum or refugee status. 

Sec. 3412. Asylum clock. 

Subtitle E—Shortage of Immigration Court Resources for Removal 

Proceedings 

Sec. 3501. Shortage of immigration court personnel for removal proceedings. 

Sec. 3502. Improving immigration court efficiency and reducing costs by increasing access to legal information. 

Sec. 3503. Office of Legal Access Programs. 

Sec. 3504. Codifying Board of Immigration Appeals. 

Sec. 3505. Improved training for immigration judges and Board Members. 

Sec. 3506. Improved resources and technology for immigration courts and 

Board of Immigration Appeals. 

Sec. 3507. Transfer of responsibility for trafficking protections. 

Subtitle F—Prevention of Trafficking in Persons and Abuses Involving 

Workers Recruited Abroad 

Sec. 3601. Definitions. 

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. 


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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 recordkeeping requirements relating to the detention 

of aliens. 

Sec. 3721. Powers of immigration officers and employees at sensitive locations. 

Subtitle H—Protection of Children Affected by Immigration Enforcement 

Sec. 3801. Short title. 

Sec. 3802. Definitions. 

Sec. 3803. Apprehension procedures for immigration enforcement-related activities. 

Sec. 3804. Access to children, State and local courts, child welfare agencies, 

and consular officials. 

Sec. 3805. Mandatory training. 

Sec. 3806. Rulemaking. 

Sec. 3807. Severability. 

TITLE IV—REFORMS TO NONIMMIGRANT VISA PROGRAMS 

Subtitle A—Employment-Based Nonimmigrant Visas 

Sec. 4101. Market-based H–1B visa limits. 

Sec. 4102. Employment authorization for dependents of employment-based nonimmigrants. 

Sec. 4103. Eliminating impediments to worker mobility. 

Sec. 4104. STEM education and training. 

Sec. 4105. H–1B and L visa fees. 

Subtitle B—H–1B Visa Fraud and Abuse Protections 

CHAPTER 1—H–1B EMPLOYER APPLICATION REQUIREMENTS

Sec. 4211. Modification of application requirements. 

Sec. 4212. Requirements for admission of nonimmigrant nurses in health professional shortage areas. 


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Sec. 4213. New application requirements. 

Sec. 4214. Application review requirements. 

CHAPTER 2—INVESTIGATION AND DISPOSITION OF COMPLAINTS AGAINST H– 

1B EMPLOYERS

Sec. 4221. General modification of procedures for investigation and disposition. 

Sec. 4222. Investigation, working conditions, and penalties. 

Sec. 4223. Initiation of investigations. 

Sec. 4224. Information sharing. 

Sec. 4225. Transparency of high-skilled immigration programs. 

CHAPTER 3—OTHER PROTECTIONS

Sec. 4231. Posting available positions through the Department of Labor. 

Sec. 4232. Requirements for information for H–1B and L nonimmigrants. 

Sec. 4233. Filing fee for H–1B-dependent employers. 

Sec. 4234. Providing premium processing of employment-based visa petitions. 

Sec. 4235. Technical correction. 

Sec. 4236. Application. 

Sec. 4237. Portability for beneficiaries of immigrant petitions. 

Subtitle C—L Visa Fraud and Abuse Protections 

Sec. 4301. Prohibition on outplacement of L nonimmigrants. 

Sec. 4302. L employer petition requirements for employment at new offices. 

Sec. 4303. Cooperation with Secretary of State. 

Sec. 4304. Limitation on employment of L nonimmigrants. 

Sec. 4305. Filing fee for L nonimmigrants. 

Sec. 4306. Investigation and disposition of complaints against L nonimmigrant 

employers. 

Sec. 4307. Penalties. 

Sec. 4308. Prohibition on retaliation against L nonimmigrants. 

Sec. 4309. Reports on L nonimmigrants. 

Sec. 4310. Application. 

Sec. 4311. Report on L blanket petition process. 

Subtitle D—Other Nonimmigrant Visas 

Sec. 4401. Nonimmigrant visas for students. 

Sec. 4402. Classification for specialty occupation workers from free trade countries. 

Sec. 4403. E-visa reform. 

Sec. 4404. Other changes to nonimmigrant visas. 

Sec. 4405. Treatment of nonimmigrants during adjudication of application. 

Sec. 4406. Nonimmigrant elementary and secondary school students. 

Sec. 4407. J–1 Summer Work Travel Visa Exchange Visitor Program fee. 

Sec. 4408. J visa eligibility for speakers of certain foreign languages. 

Sec. 4409. F–1 visa fee. 

Sec. 4410. Pilot program for remote B nonimmigrant visa interviews. 

Sec. 4411. Providing consular officers with access to all terrorist databases and 

requiring heightened scrutiny of applications for admission 

from persons listed on terrorist databases. 

Sec. 4412. Visa revocation information. 

Sec. 4413. Status for certain battered spouses and children. 

Sec. 4414. Nonimmigrant crewmen landing temporarily in Hawaii. 

Sec. 4415. Treatment of compact of free association migrants. 


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Subtitle E—JOLT Act 

Sec. 4501. Short titles. 

Sec. 4502. Premium processing. 

Sec. 4503. Encouraging Canadian tourism to the United States. 

Sec. 4504. Retiree visa. 

Sec. 4505. Incentives for foreign visitors visiting the United States during low 

peak seasons. 

Sec. 4506. Visa waiver program enhanced security and reform. 

Sec. 4507. Expediting entry for priority visitors. 

Sec. 4508. Visa processing. 

Sec. 4509. B visa fee. 

Subtitle F—Reforms to the H–2B Visa Program 

Sec. 4601. Extension of returning worker exemption to H–2B numerical limitation. 

Sec. 4602. Other requirements for H–2B employers. 

Sec. 4603. Executives and managers. 

Sec. 4604. Honoraria. 

Sec. 4605. Nonimmigrants participating in relief operations. 

Sec. 4606. Nonimmigrants performing maintenance on common carriers. 

Sec. 4607. American jobs in American forests. 

Subtitle G—W Nonimmigrant Visas 

Sec. 4701. Bureau of Immigration and Labor Market Research. 

Sec. 4702. Nonimmigrant classification for W nonimmigrants. 

Sec. 4703. Admission of W nonimmigrant workers. 

Subtitle H—Investing in New Venture, Entrepreneurial Startups, and 

Technologies 

Sec. 4801. Nonimmigrant INVEST visas. 

Sec. 4802. INVEST immigrant visa. 

Sec. 4803. Administration and oversight. 

Sec. 4804. Permanent authorization of EB–5 Regional Center Program. 

Sec. 4805. Conditional permanent resident status for certain employment-based 

immigrants, spouses, and children. 

Sec. 4806. EB–5 visa reforms. 

Sec. 4807. Authorization of appropriations. 

Subtitle I—Student and Exchange Visitor Programs 

Sec. 4901. Short title. 

Sec. 4902. SEVIS and SEVP defined. 

Sec. 4903. Increased criminal penalties. 

Sec. 4904. Accreditation requirement. 

Sec. 4905. Other academic institutions. 

Sec. 4906. Penalties for failure to comply with SEVIS reporting requirements. 

Sec. 4907. Visa fraud. 

Sec. 4908. Background checks. 

Sec. 4909. Revocation of authority to issue Form I–20 of flight schools not certified by the Federal Aviation Administration. 

Sec. 4910. Revocation of accreditation. 

Sec. 4911. Report on risk assessment. 


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Sec. 4912. Implementation of GAO recommendations. 

Sec. 4913. Implementation of SEVIS II. 

1 SEC. 2. STATEMENT OF CONGRESSIONAL FINDINGS. 

2 Congress makes the following findings: 

3 (1) The passage of this Act recognizes that the 

4 primary tenets of its success depend on securing the 

5 sovereignty of the United States of America and es6 tablishing a coherent and just system for integrating 

7 those who seek to join American society. 

8 (2) We have a right, and duty, to maintain and 

9 secure our borders, and to keep our country safe and 

10 prosperous. As a Nation founded, built and sus11 tained by immigrants we also have a responsibility 

12 to harness the power of that tradition in a balanced 

13 way that secures a more prosperous future for 

14 America. 

15 (3) We have always welcomed newcomers to the 

16 United States and will continue to do so. But in 

17 order to qualify for the honor and privilege of even18 tual citizenship, our laws must be followed. The 

19 world depends on America to be strong—economi20 cally, militarily and ethically. The establishment of a 

21 stable, just, and efficient immigration system only 

22 supports those goals. As a Nation, we have the right 

23 and responsibility to make our borders safe, to es24 tablish clear and just rules for seeking citizenship, to 


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1 control the flow of legal immigration, and to elimi2 nate illegal immigration, which in some cases has be3 come a threat to our national security. 

4 (4) All parts of this Act are premised on the 

5 right and need of the United States to achieve these 

6 goals, and to protect its borders and maintain its 

7 sovereignty. 

8 SEC. 3. REPORTS ON CURRENT BORDER SECURITY STATUS. 

9 (a) IN GENERAL.—Not later than 90 days after the 

10 date of the enactment of this Act, every 180 days there11 after until the Comptroller General of the United States 

12 reports on the results of the review described in section 

13 4(c)(7)(B)(ii), and every 365 days after the date of such 

14 report, the Secretary of Homeland Security shall submit 

15 to the appropriate congressional committees and the Gov16 ernment Accountability Office a report that assesses and 

17 describes the state of situational awareness and oper18 ational control. Such reports shall include an identification 

19 of the high traffic areas and the illegal border crossing 

20 effectiveness rate for each sector along the northern and 

21 southern borders of the United States that are within the 

22 responsibility of the Border Patrol. 

23 (b) GAO REPORT.—Not later than 90 days after re24 ceiving the initial report required under subsection (a), the 

25 Comptroller General of the United States shall report to 


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1 the appropriate congressional committees regarding the 

2 verification of the data and methodology used to determine 

3 high traffic areas and the illegal border crossing effective4 ness rate. 

5 SEC. 4. BORDER SECURITY METRICS AND GOALS. 

6 (a) DEFINITIONS.—In this section: 

7 (1) APPROPRIATE CONGRESSIONAL COMMIT8 TEES.—The term ‘‘appropriate congressional com9 mittees’’ means the Committee on Homeland Secu10 rity of the House of Representatives and the Com11 mittee on Homeland Security and Governmental Af12 fairs of the Senate. 

13 (2) BORDER SECURITY RESULTS STRATEGY.— 

14 The term ‘‘Border Security Results Strategy’’ means 

15 the strategy established by the Secretary pursuant 

16 to section 6. 

17 (3) COCAINE REMOVAL EFFECTIVENESS

18 RATE.—The term ‘‘cocaine removal effectiveness 

19 rate’’ means the percentage that results from divid20 ing the amount of cocaine removed by the Depart21 ment of Homeland Security’s maritime security com22 ponents inside or outside a transit zone, as the case 

23 may be, by the total documented cocaine flow rate 

24 as contained in Federal drug databases. 


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1 (4) CONSEQUENCE DELIVERY SYSTEM.—The 

2 term ‘‘Consequence Delivery System’’ means the se3 ries of consequences applied to persons illegally en4 tering the United States by the Border Patrol to 

5 prevent illegal border crossing recidivism. 

6 (5) GOT AWAY.—The term ‘‘got away’’ means 

7 an illegal border crosser who, after making an illegal 

8 entry into the United States, is not turned back or 

9 apprehended. 

10 (6) HIGH TRAFFIC AREAS.—The term ‘‘high 

11 traffic areas’’ means sectors along the northern and 

12 southern borders of the United States that are with13 in the responsibility of the Border Patrol that have 

14 the most illicit cross-border activity, informed 

15 through situational awareness. 

16 (7) ILLEGAL BORDER CROSSING EFFECTIVE17 NESS RATE.—The term ‘‘illegal border crossing ef18 fectiveness rate’’ means the percentage that results 

19 from dividing the number of apprehensions and turn 

20 backs by the number of apprehensions, turn backs, 

21 and got aways. The data used by the Secretary of 

22 Homeland Security to determine such rate shall be 

23 collected and reported in a consistent and standard24 ized manner across all Border Patrol sectors. 


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1 (8) MAJOR VIOLATOR.—The term ‘‘major viola2 tor’’ means a person or entity that has engaged in 

3 serious criminal activities at any land, air, or sea 

4 port of entry, including possession of illicit drugs, 

5 smuggling of prohibited products, human smuggling, 

6 weapons possession, use of fraudulent United States 

7 documents, or other offenses serious enough to re8 sult in arrest. 

9 (9) OPERATIONAL CONTROL.—The term ‘‘oper10 ational control’’ means a condition in which there is 

11 a not lower than 90 percent illegal border crossing 

12 effectiveness rate, informed by situational awareness, 

13 and a significant reduction in the movement of illicit 

14 drugs and other contraband through such areas is 

15 being achieved. 

16 (10) SITUATIONAL AWARENESS.—The term 

17 ‘‘situational awareness’’ means knowledge and an 

18 understanding of current illicit cross-border activity, 

19 including cross-border threats and trends concerning 

20 illicit trafficking and unlawful crossings along the 

21 international borders of the United States and in the 

22 maritime environment, and the ability to forecast fu23 ture shifts in such threats and trends. 

24 (11) TRANSIT ZONE.—The term ‘‘transit zone’’ 

25 means the sea corridors of the western Atlantic 


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1 Ocean, the Gulf of Mexico, the Caribbean Sea, and 

2 the eastern Pacific Ocean through which undocu3 mented migrants and illicit drugs transit, either di4 rectly or indirectly, to the United States. 

5 (12) TURN BACK.—The term ‘‘turn back’’ 

6 means an illegal border crosser who, after making 

7 an illegal entry into the United States, returns to 

8 the country from which such crosser entered. 

9 (b) BORDER SECURITY GOAL.—The Department’s 

10 border security goal is to gain and maintain situational 

11 awareness, and operational control of high traffic areas 

12 and operational control along the southwest border of the 

13 United States. 

14 (c) METRICS.— 

15 (1) METRICS FOR SECURING THE BORDER BE16 TWEEN PORTS OF ENTRY.—Not later than 120 days 

17 after the date of the enactment of this Act, the Sec18 retary of Homeland Security shall implement 

19 metrics, informed by situational awareness, to meas20 ure the effectiveness of security between ports of 

21 entry, which shall include, at a minimum, the fol22 lowing: 

23 (A) An illegal border crossing effectiveness 

24 rate, informed by situational awareness. 


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1 (B) An illicit drugs seizure rate which 

2 measures the amount and type of illicit drugs 

3 seized by the Border Patrol in any fiscal year 

4 compared to an average of the amount and type 

5 of illicit drugs seized by the Border Patrol for 

6 the immediately preceding five fiscal years. 

7 (C) A cocaine seizure effectiveness rate 

8 measured as a percentage that results from di9 viding the amount of cocaine seized by the Bor10 der Patrol by the total documented cocaine flow 

11 rate as contained in Federal drug databases. 

12 (D) Estimates, using alternative meth13 odologies, including recidivism data, survey 

14 data, known-flow data, and technologically 

15 measured data, of total attempted illegal border 

16 crossings, total deaths and injuries resulting 

17 from such attempted illegal border crossings, 

18 the rate of apprehension of attempted illegal 

19 border crossers, and the inflow into the United 

20 States of illegal border crossers who evade ap21 prehension. 

22 (E) Estimates of the impact of the Border 

23 Patrol’s Consequence Delivery System on the 

24 rate of recidivism of illegal border crossers. 


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1 (2) METRICS FOR SECURING THE BORDER AT

2 PORTS OF ENTRY.— 

3 (A) IN GENERAL.—Not later than 120 

4 days after the date of the enactment of this 

5 Act, the Secretary of Homeland Security shall 

6 implement metrics, informed by situational 

7 awareness, to measure the effectiveness of secu8 rity at ports of entry, which shall include, at a 

9 minimum, the following: 

10 (i) An inadmissible border crossing 

11 rate which measures the number of known 

12 inadmissible border crossers who are ap13 prehended, excluding those border crossers 

14 who voluntarily withdraw their applications 

15 for admission, against the total estimated 

16 number of inadmissible border crossers 

17 U.S. Customs and Border Protection fails 

18 to apprehend. 

19 (ii) An illicit drugs seizure rate which 

20 measures the amount and type of illicit 

21 drugs seized by U.S. Customs and Border 

22 Protection in any fiscal year compared to 

23 an average of the amount and type of illicit 

24 drugs seized by U.S. Customs and Border 


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1 Protection for the immediately preceding 

2 five fiscal years. 

3 (iii) A cocaine seizure effectiveness 

4 rate measured as a percentage that results 

5 from dividing the amount of cocaine seized 

6 by U.S. Customs and Border Protection by 

7 the total documented cocaine flow rate as 

8 contained in Federal drug databases. 

9 (iv) Estimates, using alternative 

10 methodologies, including survey data and 

11 randomized secondary screening data, of 

12 total attempted inadmissible border cross13 ers, the rate of apprehension of attempted 

14 inadmissible border crossers, and the in15 flow into the United States of inadmissible 

16 border crossers who evade apprehension. 

17 (v) The number of infractions related 

18 to personnel and cargo committed by 

19 major violators who are apprehended by 

20 U.S. Customs and Border Protection at 

21 ports of entry, and the estimated number 

22 of such infractions committed by major 

23 violators who are not so apprehended. 

24 (vi) A measurement of how border se25 curity operations affect crossing times. 


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1 (B) COVERT TESTING.—The Inspector 

2 General of the Department of Homeland Secu3 rity shall carry out covert testing at ports of 

4 entry and submit to the Secretary of Homeland 

5 Security and the appropriate congressional com6 mittees a report that contains the results of 

7 such testing. The Secretary shall use such re8 sults to inform activities under this subsection. 

9 (3) METRICS FOR SECURING THE MARITIME

10 BORDER.—Not later than 120 days after the date of 

11 the enactment of this Act, the Secretary of Home12 land Security shall implement metrics, informed by 

13 situational awareness, to measure the effectiveness 

14 of security in the maritime environment, which shall 

15 include, at a minimum, the following: 

16 (A) An estimate of the total number of un17 documented migrants the Department of Home18 land Security’s maritime security components 

19 fail to interdict. 

20 (B) An undocumented migrant interdiction 

21 rate which measures the number of undocu22 mented migrants interdicted against the total 

23 estimated number of undocumented migrants 

24 the Department of Homeland Security’s mari25 time security components fail to interdict. 


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1 (C) An illicit drugs removal rate which 

2 measures the amount and type of illicit drugs 

3 removed by the Department of Homeland Secu4 rity’s maritime security components inside a 

5 transit zone in any fiscal year compared to an 

6 average of the amount and type of illicit drugs 

7 removed by the Department of Homeland Secu8 rity’s maritime security components inside a 

9 transit zone for the immediately preceding five 

10 fiscal years. 

11 (D) An illicit drugs removal rate which 

12 measures the amount of illicit drugs removed by 

13 the Department of Homeland Security’s mari14 time security components outside a transit zone 

15 in any fiscal year compared to an average of 

16 the amount of illicit drugs removed by the De17 partment of Homeland Security’s maritime se18 curity components outside a transit zone for the 

19 immediately preceding five fiscal years. 

20 (E) A cocaine removal effectiveness rate 

21 inside a transit zone. 

22 (F) A cocaine removal effectiveness rate 

23 outside a transit zone. 

24 (G) A response rate which measures the 

25 Department of Homeland Security’s ability to 


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1 respond to and resolve known maritime threats, 

2 both inside and outside a transit zone, by plac3 ing assets on-scene, compared to the total num4 ber of events with respect to which the Depart5 ment has known threat information. 

6 (4) COLLABORATION.—The Secretary of Home7 land Security shall collaborate with the head of a na8 tional laboratory within the Department of Home9 land Security laboratory network with prior exper10 tise in border security and the head of a border se11 curity university-based center within the Department 

12 of Homeland Security centers of excellence network 

13 to develop the metrics required under paragraphs 

14 (1), (2), and (3) to ensure the suitability and statis15 tical validity of each such metric. Such collaboration 

16 shall also include consultation by the Secretary with 

17 the Governors of every border State and representa18 tives of the Border Patrol and U.S. Customs and 

19 Border Protection. 

20 (5) RECOMMENDATIONS RELATING TO CERTAIN

21 OTHER METRICS.—In carrying out paragraph (4), 

22 the head of the national laboratory and the head of 

23 a border security university-based center referred to 

24 in such subsection shall make recommendations to 

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1 able metrics that may be used to measure the effec2 tiveness of border security. 

3 (6) EVALUATION BY THE GOVERNMENT AC4 COUNTABILITY OFFICE.— 

5 (A) IN GENERAL.—The Secretary of 

6 Homeland Security shall make available to the 

7 Government Accountability Office the data and 

8 methodology used to develop the metrics imple9 mented under paragraphs (1), (2), and (3). 

10 (B) REPORT.—Not later than 270 days 

11 after receiving the data and methodology re12 ferred to in subparagraph (A), the Comptroller 

13 General of the United States shall submit to 

14 the appropriate congressional committees a re15 port on the suitability and statistical validity of 

16 such data and methodology. 

17 (7) CERTIFICATIONS AND REPORTS RELATING

18 TO OPERATIONAL CONTROL.— 

19 (A) BY THE SECRETARY OF HOMELAND

20 SECURITY.— 

21 (i) TWO YEARS.—If the Secretary of 

22 Homeland Security determines that situa23 tional awareness and operational control of 

24 high traffic areas have been achieved by 

25 the date that is not later than two years 


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1 after the date of the submission of the im2 plementation plan required under section 

3 6(c), the Secretary shall submit to the ap4 propriate congressional committees and the 

5 Comptroller General of the United States a 

6 certification that so attests. 

7 (ii) FIVE YEARS.—If the Secretary of 

8 Homeland Security determines that oper9 ational control along the southwest border 

10 of the United States has been achieved by 

11 the date that is not later than five years 

12 after the date of the submission of the im13 plementation plan required under section 

14 6(c), the Secretary shall submit to the ap15 propriate congressional committees and the 

16 Comptroller General of the United States a 

17 certification that so attests. 

18 (iii) ANNUAL UPDATES.—Every year 

19 beginning with the year after the Secretary 

20 of Homeland Security submits the certifi21 cation under clause (ii), if the Secretary 

22 determines that operational control along 

23 the southwest border of the United States 

24 is being maintained, the Secretary shall 

25 submit to the appropriate congressional 


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1 committees and the Comptroller General of 

2 the United States a certification that so 

3 attests. 

4 (B) BY THE COMPTROLLER GENERAL.— 

5 (i) REVIEWS.—The Comptroller Gen6 eral of the United States shall review the 

7 certifications of the Secretary of Homeland 

8 Security under clauses (i), (ii), and (iii) of 

9 subparagraph (A) to assess the certifi10 cations of the Secretary relating to the 

11 achievement of situational awareness, oper12 ational control, or both, as the case may 

13 be, in accordance with such clauses. 

14 (ii) REPORTS.—Not later than 120 

15 days after conducting the reviews described 

16 in clause (i), the Comptroller General of 

17 the United States shall submit to the ap18 propriate congressional committees a re19 port on the results of each such review. 

20 (8) FAILURE TO ACHIEVE SITUATIONAL AWARE21 NESS OR OPERATIONAL CONTROL.—If the Secretary 

22 of Homeland Security determines that situational 

23 awareness, operational control, or both, as the case 

24 may be, has not been achieved by the dates referred 

25 to in clauses (i) and (ii) of paragraph (7)(A), as the 


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1 case may be, or if the Secretary determines that 

2 operational control is not being annually maintained 

3 pursuant to clause (iii) of such paragraph, the Sec4 retary shall, not later than 60 days after such dates, 

5 submit to the appropriate congressional committees 

6 a report that describes why situational awareness or 

7 operational control, or both, as the case may be, was 

8 not achieved. Such report shall include, at a min9 imum, impediments incurred, potential remedies, 

10 and recommendations to achieve situational aware11 ness, operational control, or both, as the case may 

12 be. 

13 (9) GOVERNMENT ACCOUNTABILITY OFFICE RE14 PORT ON BORDER SECURITY DUPLICATION AND

15 COST EFFECTIVENESS.—Not later than one year 

16 after the date of the enactment of this Act, the 

17 Comptroller General of the United States shall sub18 mit to the appropriate congressional committees a 

19 report addressing areas of overlap in responsibilities 

20 within the border security functions of the Depart21 ment of Homeland Security and the relative cost ef22 fectiveness of border security strategies, including 

23 deployment of additional personnel and technology, 

24 and construction of virtual and physical barriers. 


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1 SEC. 5. SOUTHERN BORDER SECURITY COMMISSION. 

2 (a) ESTABLISHMENT.—If the Secretary certifies that 

3 the Department has not achieved the border security goal 

4 described in section 4(b) during any fiscal year beginning 

5 before the date that is 5 years after the date of the enact6 ment of this Act, not later than 60 days after such certifi7 cation, there shall be established a commission to be 

8 known as the ‘‘Southern Border Security Commission’’ 

9 (referred to in this section as the ‘‘Commission’’). 

10 (b) COMPOSITION.— 

11 (1) IN GENERAL.—The Commission shall be 

12 composed of— 

13 (A) 2 members who shall be appointed by 

14 the President; 

15 (B) 2 members who shall be appointed by 

16 the President pro tempore of the Senate, of 

17 which— 

18 (i) 1 shall be appointed upon the rec19 ommendation of the leader in the Senate of 

20 the political party that is not the political 

21 party of the President; and 

22 (ii) 1 shall be appointed upon the rec23 ommendation of the leader in the Senate of 

24 the other political party; 


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1 (C) 2 members who shall be appointed by 

2 the Speaker of the House of Representatives, of 

3 which— 

4 (i) 1 shall be appointed upon the rec5 ommendation of the leader in the House of 

6 Representatives of the political party that 

7 is not the political party of the President; 

8 and 

9 (ii) 1 shall be appointed upon the rec10 ommendation of the leader in the House of 

11 Representatives of the other political party; 

12 and 

13 (D) 4 members, consisting of 1 member 

14 from each of the States along the Southern bor15 der, who shall be— 

16 (i) the Governor of such State; or 

17 (ii) appointed by the Governor of each 

18 such State. 

19 (2) QUALIFICATION FOR APPOINTMENT.—Ap20 pointed members of the Commission shall be distin21 guished individuals noted for their knowledge and 

22 experience in the field of border security at the Fed23 eral, State, or local level. 

24 (3) TIME OF APPOINTMENT.—The appoint25 ments required by paragraph (1) shall be made not 


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1 later than 60 days after the Secretary makes a cer2 tification described in subsection (a). 

3 (4) CHAIR.—At the first meeting of the Com4 mission, a majority of the members of the Commis5 sion present and voting shall elect the Chair of the 

6 Commission. 

7 (5) VACANCIES.—Any vacancy of the Commis8 sion shall not affect its powers, but shall be filled in 

9 the manner in which the original appointment was 

10 made. 

11 (6) RULES.—The Commission shall establish 

12 the rules and procedures of the Commission which 

13 shall require the approval of at least 6 members of 

14 the Commission. 

15 (c) DUTIES.—The Commission’s primary responsi16 bility shall be to make recommendations to the President, 

17 the Secretary, and Congress on policies to achieve and 

18 maintain the border security goal specified in section 3(b) 

19 by achieving and maintaining— 

20 (1) the capability to engage in, and engaging in, 

21 persistent surveillance in border sectors along the 

22 Southern border; and 

23 (2) an effectiveness rate of 90 percent or higher 

24 in all border sectors along the Southern border. 


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1 (d) REPORT.—Not later than 180 days after the end 

2 of the 5-year period described in subsection (a), the Com3 mission shall submit to the President, the Secretary, and 

4 Congress a report setting forth specific recommendations 

5 for policies for achieving and maintaining the border secu6 rity goals specified in subsection (c). The report shall in7 clude, at a minimum, recommendations for the personnel, 

8 infrastructure, technology, and other resources required to 

9 achieve and maintain an effectiveness rate of 90 percent 

10 or higher in all border sectors. 

11 (e) TRAVEL EXPENSES.—Members of the Commis12 sion shall be allowed travel expenses, including per diem 

13 in lieu of subsistence rates authorized for employees of 

14 agencies under subchapter I of chapter 57 of title 5, 

15 United States Code, while away from their homes or reg16 ular places of business in the performance of services for 

17 the Commission. 

18 (f) ADMINISTRATIVE SUPPORT.—The Secretary shall 

19 provide the Commission such staff and administrative 

20 services as may be necessary and appropriate for the Com21 mission to perform its functions. Any employee of the ex22 ecutive branch of Government may be detailed to the Com23 mission without reimbursement to the agency of that em24 ployee and such detail shall be without interruption or loss 

25 of civil service or status or privilege. 


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1 (g) COMPTROLLER GENERAL REVIEW.—The Comp2 troller General of the United States shall review the rec3 ommendations in the report submitted under subsection 

4 (d) in order to determine— 

5 (1) whether any of the recommendations are 

6 likely to achieve effective control in all border sec7 tors; 

8 (2) which recommendations are most likely to 

9 achieve effective control; and 

10 (3) whether such recommendations are feasible 

11 within existing budget constraints. 

12 (h) TERMINATION.—The Commission shall terminate 

13 30 days after the date on which the report is submitted 

14 under subsection (d). 

15 SEC. 6. BORDER SECURITY RESULTS STRATEGY. 

16 (a) STRATEGY TO SECURE THE BORDER.—Not later 

17 than 180 days after the date of the enactment of this Act, 

18 the Secretary of Homeland Security shall submit to the 

19 appropriate congressional committees a comprehensive 

20 strategy for gaining and maintaining situational aware21 ness, and operational control of high traffic areas, by the 

22 date that is not later than two years after the date of the 

23 submission of the implementation plan required under 

24 subsection (c), and operational control along the southwest 


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1 border of the United States by the date that is not later 

2 than five years after such date of submission. 

3 (b) CONTENTS OF STRATEGY.—The strategy re4 quired under subsection (a) shall include, at a minimum, 

5 a consideration of the following: 

6 (1) An assessment of principal border security 

7 threats, including threats relating to the smuggling 

8 and trafficking of humans, weapons, and illicit 

9 drugs. 

10 (2) Efforts to analyze and disseminate border 

11 security and border threat information between De12 partment of Homeland Security border security com13 ponents and with other appropriate Federal depart14 ments and agencies with missions associated with 

15 the border. 

16 (3) Efforts to increase situational awareness, in 

17 accordance with privacy, civil liberties, and civil 

18 rights protections, including— 

19 (A) surveillance capabilities developed or 

20 utilized by the Department of Defense, includ21 ing any technology determined to be excess by 

22 the Department of Defense; and 

23 (B) use of manned aircraft and unmanned 

24 aerial systems, including camera and sensor 

25 technology deployed on such assets. 


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1 (4) Efforts to detect and prevent terrorists and 

2 instruments of terrorism from entering the United 

3 States. 

4 (5) Efforts to ensure that any new border secu5 rity technology can be operationally integrated with 

6 existing technologies in use by the Department of 

7 Homeland Security. 

8 (6) An assessment of existing efforts and tech9 nologies used for border security and the effect of 

10 the use of such efforts and technologies on civil 

11 rights, private property rights, privacy rights, and 

12 civil liberties. 

13 (7) Technology required to maintain, support, 

14 and enhance security and facilitate trade at ports of 

15 entry, including nonintrusive detection equipment, 

16 radiation detection equipment, biometric technology, 

17 surveillance systems, and other sensors and tech18 nology that the Secretary of Homeland Security de19 termines necessary. 

20 (8) Operational coordination of Department of 

21 Homeland Security border security components. 

22 (9) Lessons learned from Operation Jumpstart 

23 and Operation Phalanx. 

24 (10) Cooperative agreements and information 

25 sharing with State, local, tribal, territorial, and 


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1 other Federal law enforcement agencies that have 

2 jurisdiction on the northern or southern borders, or 

3 in the maritime environment. 

4 (11) Border security information received from 

5 consultation with State, local, tribal, and Federal 

6 law enforcement agencies that have jurisdiction on 

7 the northern or southern border, or in the maritime 

8 environment, and from border community stake9 holders (including through public meetings with such 

10 stakeholders), including representatives from border 

11 agricultural and ranching organizations and rep12 resentatives from business and civic organizations 

13 along the northern or southern border. 

14 (12) Agreements with foreign governments that 

15 support the border security efforts of the United 

16 States, including coordinated installation of stand17 ardized land border inspection technology, such as li18 cense plate readers and RFID readers. 

19 (13) Staffing requirements for all border secu20 rity functions. 

21 (14) A prioritized list of research and develop22 ment objectives to enhance the security of the inter23 national land and maritime borders of the United 

24 States. 


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1 (15) An assessment of training programs, in2 cluding training programs regarding— 

3 (A) identifying and detecting fraudulent 

4 documents; 

5 (B) protecting the civil, constitutional, 

6 human, and privacy rights of individuals; 

7 (C) understanding the scope of enforce8 ment authorities and the use of force policies; 

9 (D) screening, identifying, and addressing 

10 vulnerable populations, such as children and 

11 victims of human trafficking; and 

12 (E) social and cultural sensitivity toward 

13 border communities. 

14 (16) Local crime indices of municipalities and 

15 counties along the Southern border. 

16 (17) An assessment of how border security op17 erations affect crossing times. 

18 (18) Metrics required under paragraphs (1), 

19 (2), and (3) of section 4(c). 

20 (c) IMPLEMENTATION PLAN.— 

21 (1) IN GENERAL.—Not later than 90 days after 

22 the submission of the strategy required under sub23 section (a), the Secretary of Homeland Security 

24 shall submit to the appropriate congressional com25 mittees and the Government Accountability Office 


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1 an implementation plan for each of the Department 

2 of Homeland Security border security components to 

3 carry out such strategy. Such implementation plan 

4 shall, at a minimum— 

5 (A) specify what protections will be put in 

6 place to ensure that staffing and resources nec7 essary for the maintenance of operations at 

8 ports of entry are not diverted to the detriment 

9 of such operations in favor of operations be10 tween ports of entry; 

11 (B) include— 

12 (i) an integrated master schedule and 

13 cost estimate, including lifecycle costs, for 

14 the activities contained in such implemen15 tation plan; and 

16 (ii) a comprehensive border security 

17 technology plan to improve surveillance ca18 pabilities that includes— 

19 (I) a documented justification 

20 and rationale for technology choices; 

21 (II) deployment locations; 

22 (III) fixed versus mobile assets; 

23 (IV) a timetable for procurement 

24 and deployment; 


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1 (V) estimates of operation and 

2 maintenance costs; 

3 (VI) an identification of any im4 pediments to the deployment of such 

5 technologies; and 

6 (VII) estimates of the relative 

7 cost effectiveness of various border se8 curity strategies and operations, in9 cluding deployment of personnel and 

10 technology, and construction of new 

11 physical and virtual barriers; and 

12 (C) require consultation with the Secretary 

13 of the Interior, the Secretary of Agriculture, 

14 States, local governments, and property owners 

15 in the United States to minimize the impact on 

16 the environment, culture, commerce, and qual17 ity of life for the communities and residents lo18 cated near implementation sites. 

19 (2) GOVERNMENT ACCOUNTABILITY OFFICE RE20 VIEW.—Not later than 90 days after receiving the 

21 implementation plan in accordance with paragraph 

22 (1), the Comptroller General of the United States 

23 shall submit to the appropriate congressional com24 mittees a report on such plan. 


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1 (3) SAVINGS PROVISION.—Nothing in para2 graph (1) may be construed to— 

3 (A) create or negate any right of action for 

4 a State or local government or other person or 

5 entity affected by that paragraph; or 

6 (B) affect the eminent domain laws of the 

7 United States or of any State. 

8 (4) LIMITATION ON REQUIREMENTS.—Notwith9 standing paragraph (1)(B)(ii)(VII) of this sub10 section, nothing in this subsection shall require the 

11 Secretary to install fencing, or infrastructure that 

12 directly results from the installation of such fencing, 

13 in a particular location along the Southern border, 

14 if the Secretary determines that the use or place15 ment of such resources is not the most appropriate 

16 means to achieve and maintain effective control over 

17 the Southern border at such location. 

18 (d) PERIODIC UPDATES.—Not later than 180 days 

19 after the submission of each Quadrennial Homeland Secu20 rity Review required under section 707 of the Homeland 

21 Security Act of 2002 (6 U.S.C. 347) beginning with the 

22 first such Review that is due after the implementation 

23 plan is submitted under subsection (c), the Secretary of 

24 Homeland Security shall submit to the appropriate con25 gressional committees an updated— 


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1 (1) strategy under subsection (a); and 

2 (2) implementation plan under subsection (c). 

3 (e) REPORTS.—Not later than 60 days after the date 

4 of the enactment of this Act and annually thereafter, the 

5 Secretary of Homeland Security shall submit to the appro6 priate congressional committees a report on the following: 

7 (1) A resource allocation model for current and 

8 future year staffing requirements that includes opti9 mal staffing levels at all land, air, and sea ports of 

10 entry, and an explanation of U.S. Customs and Bor11 der Protection methodology for aligning staffing lev12 els and workload to threats and vulnerabilities and 

13 their effects on cross border trade and passenger 

14 travel across all mission areas. 

15 (2) Detailed information on the level of man16 power available at all land, air, and sea ports of 

17 entry and between ports of entry, including the num18 ber of canine and agricultural specialists assigned to 

19 each such port of entry. 

20 (3) Detailed information that describes the dif21 ference between the staffing the model suggests and 

22 the actual staffing at each port of entry and between 

23 the ports of entry. 

24 (4) Detailed information that examines both the 

25 security impacts and competitive impacts of entering 


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1 into a reimbursement agreement with foreign gov2 ernments for U.S. Customs and Border Protection 

3 preclearance facilities. 

4 (f) DEFINITIONS.—The terms in this section have the 

5 meanings given those terms in section 4. 

6 SEC. 7. US–VISIT IMPLEMENTATION. 

7 Not later than 180 days after the date of the enact8 ment of this Act, the Secretary of Homeland Security shall 

9 submit to the appropriate congressional committees a plan 

10 to implement immediately a biometric exit capability at 

11 ports of entry under the US–VISIT program, in accord12 ance with the Enhanced Security and Visa Entry Reform 

13 Act of 2002 (Public Law 107–173). If the Secretary deter14 mines that development of such a system is not feasible, 

15 the Secretary shall, not later than 180 days after the date 

16 of the enactment of this Act, submit to the appropriate 

17 congressional committees a plan to implement, not later 

18 than two years after such date of enactment, an alter19 native program to provide the same level of security. 

20 SEC. 8. ALTERNATE MODEL FOR BORDER SECURITY STRAT21 EGY DEVELOPMENT. 

22 (a) EFFECTIVE DATE TRIGGERS.— 

23 (1) DEFINITIONS.—In this section: 


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1 (A) COMMISSION.—The term ‘‘Commis2 sion’’ means the Southern Border Security 

3 Commission established pursuant to section 5. 

4 (B) COMPREHENSIVE SOUTHERN BORDER

5 SECURITY STRATEGY.—The term ‘‘Comprehen6 sive Southern Border Security Strategy’’ means 

7 the strategy established by the Secretary pursu8 ant to subsection (b)(1) to achieve and main9 tain an effectiveness rate of 90 percent or high10 er in all border sectors. 

11 (C) EFFECTIVE CONTROL.—The term ‘‘ef12 fective control’’ means the ability to achieve and 

13 maintain, in a Border Patrol sector— 

14 (i) persistent surveillance; and 

15 (ii) an effectiveness rate of 90 percent 

16 or higher. 

17 (D) EFFECTIVENESS RATE.—The term 

18 ‘‘effectiveness rate’’, in the case of a border sec19 tor, is the percentage calculated by dividing the 

20 number of apprehensions and turn backs in the 

21 sector during a fiscal year by the total number 

22 of illegal entries in the sector during such fiscal 

23 year. 


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1 (E) SOUTHERN BORDER.—The term 

2 ‘‘Southern border’’ means the international bor3 der between the United States and Mexico. 

4 (F) SOUTHERN BORDER FENCING STRAT5 EGY.—The term ‘‘Southern Border Fencing 

6 Strategy’’ means the strategy established by the 

7 Secretary pursuant to subsection (b)(2) that 

8 identifies where fencing (including double-layer 

9 fencing), infrastructure, and technology, includ10 ing at ports of entry, should be deployed along 

11 the Southern border. 

12 (2) BORDER SECURITY GOAL.—The Depart13 ment’s border security goal is to achieve and main14 tain effective control in all border sectors along the 

15 Southern border. 

16 (3) TRIGGERS.— 

17 (A) PROCESSING OF APPLICATIONS FOR

18 REGISTERED PROVISIONAL IMMIGRANT STA19 TUS.—Not earlier than the date upon which the 

20 Secretary has submitted to Congress the Notice 

21 of Commencement of implementation of the 

22 Comprehensive Southern Border Security Strat23 egy and the Southern Border Fencing Strategy 

24 under section 5 of this Act, the Secretary may 

25 commence processing applications for registered 


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1 provisional immigrant status pursuant to sec2 tion 245B of the Immigration and Nationality 

3 Act, as added by section 2101 of this Act. 

4 (B) ADJUSTMENT OF STATUS OF REG5 ISTERED PROVISIONAL IMMIGRANTS.— 

6 (i) IN GENERAL.—Except as provided 

7 in clause (ii), the Secretary may not adjust 

8 the status of aliens who have been granted 

9 registered provisional immigrant status, 

10 except for aliens granted blue card status 

11 under section 2201 of this Act or described 

12 in section 245D(b) of the Immigration and 

13 Nationality Act, until the Secretary, after 

14 consultation with the Comptroller General 

15 of the United States, submits to the Presi16 dent and Congress a written certification 

17 that— 

18 (I) the Comprehensive Southern 

19 Border Security Strategy has been 

20 submitted to Congress and is substan21 tially deployed and substantially oper22 ational; 

23 (II) the Southern Border Fenc24 ing Strategy has been submitted to 


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1 Congress, implemented, and is sub2 stantially completed; 

3 (III) the Secretary has imple4 mented the mandatory employment 

5 verification system required by section 

6 274A of the Immigration and Nation7 ality Act (8 U.S.C.1324a), as amend8 ed by section 3101, for use by all em9 ployers to prevent unauthorized work10 ers from obtaining employment in the 

11 United States; and 

12 (IV) the Secretary is using an 

13 electronic exit system at air and sea 

14 ports of entry that operates by col15 lecting machine readable visa or pass16 port information from air and vessel 

17 carriers. 

18 (ii) EXCEPTION.—The Secretary shall 

19 permit registered provisional immigrants to 

20 apply for an adjustment to lawful perma21 nent resident status if— 

22 (I)(aa) litigation or a force 

23 majeure has prevented 1 or more of 

24 the conditions described in subclauses 


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1 (I) through (IV) of clause (i) from 

2 being implemented; or 

3 (bb) the implementation of clause 

4 (i) has been held unconstitutional by 

5 the Supreme Court of the United 

6 States or the Supreme Court has 

7 granted certiorari to the litigation on 

8 the constitutionality of implementa9 tion of clause (i); and 

10 (II) 10 years have elapsed since 

11 the date of the enactment of this Act. 

12 (4) WAIVER OF LEGAL REQUIREMENTS NEC13 ESSARY FOR IMPROVEMENT AT BORDERS.—Notwith14 standing any other provision of law, the Secretary is 

15 authorized to waive all legal requirements that the 

16 Secretary determines to be necessary to ensure expe17 ditious construction of the barriers, roads, or other 

18 physical tactical infrastructure needed to fulfill the 

19 requirements under this section. Any determination 

20 by the Secretary under this section shall be effective 

21 upon publication in the Federal Register of a notice 

22 that specifies each law that is being waived and the 

23 Secretary’s explanation for the determination to 

24 waive that law. The waiver shall expire on the later 

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1 ten certification that the Southern Border Fencing 

2 Strategy is substantially completed as specified in 

3 paragraph (3)(B)(i)(II) or the date that the Sec4 retary submits the written certification that the 

5 Comprehensive Southern Border Security Strategy is 

6 substantially deployed and substantially operational 

7 as specified in paragraph (3)(B)(i)(I). 

8 (5) FEDERAL COURT REVIEW.— 

9 (A) IN GENERAL.—The district courts of 

10 the United States shall have exclusive jurisdic11 tion to hear all causes or claims arising from 

12 any action undertaken, or any decision made, 

13 by the Secretary under paragraph (4). A cause 

14 of action or claim may only be brought alleging 

15 a violation of the Constitution of the United 

16 States. The court does not have jurisdiction to 

17 hear any claim not specified in this subpara18 graph. 

19 (B) TIME FOR FILING COMPLAINT.—If a 

20 cause or claim under subparagraph (A) is not 

21 filed within 60 days after the date of the con22 tested action or decision by the Secretary, the 

23 claim shall be barred. 

24 (C) APPELLATE REVIEW.—An interlocu25 tory or final judgment, decree, or order of the 


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1 district court may be reviewed only upon peti2 tion for a writ of certiorari to the Supreme 

3 Court of the United States. 

4 (b) COMPREHENSIVE SOUTHERN BORDER SECURITY

5 STRATEGY AND SOUTHERN BORDER FENCING STRAT6 EGY.— 

7 (1) COMPREHENSIVE SOUTHERN BORDER SECU8 RITY STRATEGY.— 

9 (A) IN GENERAL.—Not later than 180 

10 days after the date of the enactment of this 

11 Act, the Secretary shall submit a strategy, to be 

12 known as the ‘‘Comprehensive Southern Border 

13 Security Strategy’’, for achieving and maintain14 ing effective control between the ports of entry 

15 in all border sectors along the Southern border, 

16 to— 

17 (i) the Committee on Homeland Secu18 rity and Governmental Affairs of the Sen19 ate; 

20 (ii) the Committee on Homeland Se21 curity of the House of Representatives; 

22 (iii) the Committee on Appropriations 

23 of the Senate; 

24 (iv) the Committee on Appropriations 

25 of the House of Representatives; 


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1 (v) the Committee on the Judiciary of 

2 the Senate; 

3 (vi) the Committee on the Judiciary of 

4 the House of Representatives; and 

5 (vii) the Comptroller General of the 

6 United States. 

7 (B) ELEMENTS.—The Comprehensive 

8 Southern Border Security Strategy shall speci9 fy— 

10 (i) the priorities that must be met for 

11 the strategy to be successfully executed; 

12 (ii) the capabilities that must be ob13 tained to meet each of the priorities re14 ferred to in clause (i), including— 

15 (I) surveillance and detection ca16 pabilities developed or used by the De17 partment of Defense to increase situa18 tional awareness; and 

19 (II) the requirement for sta20 tioning sufficient Border Patrol 

21 agents and Customs and Border Pro22 tection officers between and at ports 

23 of entry along the Southern border; 

24 and 


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1 (iii) the resources, including per2 sonnel, infrastructure, and technology that 

3 must be procured and successfully de4 ployed to obtain the capabilities referred to 

5 in clause (ii), including— 

6 (I) fixed, mobile, and agent port7 able surveillance systems; and 

8 (II) unarmed, unmanned aerial 

9 systems and unarmed, fixed-wing air10 craft and necessary and qualified staff 

11 and equipment to fully utilize such 

12 systems. 

13 (C) ADDITIONAL ELEMENTS REGARDING

14 EXECUTION.—The Comprehensive Southern 

15 Border Security Strategy shall describe— 

16 (i) how the resources referred to in 

17 subparagraph (B)(iii) will be properly 

18 aligned with the priorities referred to in 

19 subparagraph (B)(i) to ensure that the 

20 strategy will be successfully executed; 

21 (ii) the interim goals that must be ac22 complished to successfully implement the 

23 strategy; and 

24 (iii) the schedule and supporting mile25 stones under which the Department will 


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1 accomplish the interim goals referred to in 

2 clause (ii). 

3 (D) IMPLEMENTATION.— 

4 (i) IN GENERAL.—The Secretary shall 

5 commence the implementation of the Com6 prehensive Southern Border Security 

7 Strategy immediately after submitting the 

8 strategy under subparagraph (A). 

9 (ii) NOTICE OF COMMENCEMENT.— 

10 Upon commencing the implementation of 

11 the strategy, the Secretary shall submit a 

12 notice of commencement of such implemen13 tation to— 

14 (I) Congress; and 

15 (II) the Comptroller General of 

16 the United States. 

17 (E) SEMIANNUAL REPORTS.— 

18 (i) IN GENERAL.—Not later than 180 

19 days after the Comprehensive Southern 

20 Border Security Strategy is submitted 

21 under subparagraph (A), and every 180 

22 days thereafter, the Secretary shall submit 

23 a report on the status of the Department’s 

24 implementation of the strategy to— 


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1 (I) the Committee on Homeland 

2 Security and Governmental Affairs of 

3 the Senate; 

4 (II) the Committee on Homeland 

5 Security of the House of Representa6 tives; 

7 (III) the Committee on Appro8 priations of the Senate; 

9 (IV) the Committee on Appro10 priations of the House of Representa11 tives; 

12 (V) the Committee on the Judici13 ary of the Senate; 

14 (VI) the Committee on the Judi15 ciary of the House of Representatives; 

16 and 

17 (VII) the Comptroller General of 

18 the United States. 

19 (ii) ELEMENTS.—Each report sub20 mitted under clause (i) shall include— 

21 (I) a detailed description of the 

22 steps the Department has taken, or 

23 plans to take, to execute the strategy 

24 submitted under subparagraph (A), 

25 including the progress made toward 


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1 achieving the interim goals and mile2 stone schedule established pursuant to 

3 clauses (ii) and (iii) of subparagraph 

4 (C); 

5 (II) a detailed description of— 

6 (aa) any impediments identi7 fied in the Department’s efforts 

8 to execute the strategy; 

9 (bb) the actions the Depart10 ment has taken, or plans to take, 

11 to address such impediments; 

12 and 

13 (cc) any additional measures 

14 developed by the Department to 

15 measure the state of security 

16 along the Southern border; and 

17 (III) for each Border Patrol sec18 tor along the Southern border— 

19 (aa) the effectiveness rate 

20 for each individual Border Patrol 

21 sector and the aggregated effec22 tiveness rate; 

23 (bb) the number of recidivist 

24 apprehensions, sorted by Border 

25 Patrol sector; and 


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1 (cc) the recidivism rate for 

2 all unique subjects that received. 

3 (iii) ANNUAL REVIEW.—The Comp4 troller General of the United States shall 

5 conduct an annual review of the informa6 tion contained in the semiannual reports 

7 submitted by the Secretary under this 

8 paragraph and submit an assessment of 

9 the status and progress of the Southern 

10 Border Security Strategy to the commit11 tees set forth in clause (i). 

12 (2) SOUTHERN BORDER FENCING STRATEGY.— 

13 (A) ESTABLISHMENT.—Not later than 180 

14 days after the date of the enactment of this 

15 Act, the Secretary shall establish a strategy, to 

16 be known as the ‘‘Southern Border Fencing 

17 Strategy’’, to identify where fencing (including 

18 double-layer fencing), infrastructure, and tech19 nology, including at ports of entry, should be 

20 deployed along the Southern border. 

21 (B) SUBMISSION.—The Secretary shall 

22 submit the Southern Border Fencing Strategy 

23 to Congress and the Comptroller General of the 

24 United States for review. 


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1 (C) NOTICE OF COMMENCEMENT.—Upon 

2 commencing the implementation of the South3 ern Border Fencing Strategy, the Secretary 

4 shall submit a notice of commencement of the 

5 implementation of the Strategy to Congress and 

6 the Comptroller General of the United States. 

7 (D) CONSULTATION.— 

8 (i) IN GENERAL.—In implementing 

9 the Southern Border Fencing Strategy re10 quired by this paragraph, the Secretary 

11 shall consult with the Secretary of the In12 terior, the Secretary of Agriculture, States, 

13 local governments, Indian tribes, and prop14 erty owners in the United States to mini15 mize the impact on the environment, cul16 ture, commerce, and quality of life for the 

17 communities and residents located near the 

18 sites at which such fencing is to be con19 structed. 

20 (ii) SAVINGS PROVISION.—Nothing in 

21 this subparagraph may be construed to— 

22 (I) create or negate any right of 

23 action for a State or local government 

24 or other person or entity affected by 

25 this subsection; or 


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1 (II) affect the eminent domain 

2 laws of the United States or of any 

3 State. 

4 (E) LIMITATION ON REQUIREMENTS.— 

5 Notwithstanding subparagraph (A), nothing in 

6 this subsection shall require the Secretary to in7 stall fencing, or infrastructure that directly re8 sults from the installation of such fencing, in a 

9 particular location along the Southern border, if 

10 the Secretary determines that the use or place11 ment of such resources is not the most appro12 priate means to achieve and maintain effective 

13 control over the Southern border at such loca14 tion. 

15 SEC. 9. COMPREHENSIVE IMMIGRATION REFORM FUNDS. 

16 (a) COMPREHENSIVE IMMIGRATION REFORM TRUST

17 FUND.— 

18 (1) ESTABLISHMENT.—There is established in 

19 the Treasury a separate account, to be known as the 

20 Comprehensive Immigration Reform Trust Fund 

21 (referred to in this section as the ‘‘Trust Fund’’), 

22 consisting of— 

23 (A) amounts transferred from the general 

24 fund of the Treasury under paragraph (2)(A); 

25 and 


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1 (B) proceeds from the fees described in 

2 paragraph (2)(B). 

3 (2) DEPOSITS.— 

4 (A) INITIAL FUNDING.—On the later of 

5 the date of the enactment of this Act or Octo6 ber 1, 2013, $8,300,000,000 shall be trans7 ferred from the general fund of the Treasury to 

8 the Trust Fund. 

9 (B) ONGOING FUNDING.—Notwithstanding 

10 section 3302 of title 31, United States Code, in 

11 addition to the funding described in subpara12 graph (A), and subject to paragraphs (3)(B) 

13 and (4), the following amounts shall be depos14 ited in the Trust Fund: 

15 (i) ELECTRONIC TRAVEL AUTHORIZA16 TION SYSTEM FEES.—Fees collected under 

17 section 217(h)(3)(B)(i)(II) of the Immigra18 tion and Nationality Act, as added by sec19 tion 1102(c). 

20 (ii) REGISTERED PROVISIONAL IMMI21 GRANT PENALTIES.—Penalties collected 

22 under section 245B(c)(10)(C) of the Immi23 gration and Nationality Act, as added by 

24 section 2101. 


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1 (iii) BLUE CARD PENALTY.—Penalties 

2 collected under section 2211(b)(9)(C). 

3 (iv) FINE FOR ADJUSTMENT FROM

4 BLUE CARD STATUS.—Fines collected 

5 under section 245F(a)(5) of the Immigra6 tion and Nationality Act, as added by sec7 tion 2212(a). 

8 (v) PENALTIES FOR FALSE STATE9 MENTS IN APPLICATIONS.—Fines collected 

10 under section 245F(f) of the Immigration 

11 and Nationality Act, as added by section 

12 2212(a). 

13 (vi) MERIT SYSTEM GREEN CARD

14 FEES.—Fees collected under section 

15 203(c)(6) of the Immigration and Nation16 ality Act, as amended by section 

17 2301(a)(2). 

18 (vii) H–1B AND L VISA FEES.—Fees 

19 collected under section 281(d) of the Immi20 gration and Nationality Act, as added by 

21 section 4105. 

22 (viii) H–1B OUTPLACEMENT FEE.— 

23 Fees collected under section 

24 212(n)(1)(F)(ii) of the Immigration and 


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1 Nationality Act, as amended by section 

2 4211(d). 

3 (ix) H–1B NONIMMIGRANT DEPEND4 ENT EMPLOYER FEES.—Fees collected 

5 under section 4233(a)(2). 

6 (x) L NONIMMIGRANT DEPENDENT

7 EMPLOYER FEES.—Fees collected under 

8 section 4305(a)(2). 

9 (xi) J–1 VISA MITIGATION FEES.— 

10 Fees collected under section 281(e) of the 

11 Immigration and Nationality Act, as added 

12 by section 4407. 

13 (xii) F–1 VISA FEES.—Fees collected 

14 under section 281(f) of the Immigration 

15 and Nationality Act, as added by section 

16 4408. 

17 (xiii) RETIREE VISA FEES.—Fees col18 lected under section 214(w)(1)(B) of the 

19 Immigration and Nationality Act, as added 

20 by section 4504(b). 

21 (xiv) VISITOR VISA FEES.—Fees col22 lected under section 281(g) of the Immi23 gration and Nationality Act, as added by 

24 section 4509. 


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1 (xv) H–2B VISA FEES.—Fees col2 lected under section 214(x)(5)(A) of the 

3 Immigration and Nationality Act, as added 

4 by section 4602(a). 

5 (xvi) NONIMMIGRANTS PERFORMING

6 MAINTENANCE ON COMMON CARRIERS.— 

7 Fees collected under section 214(z) of the 

8 Immigration and Nationality Act, as added 

9 by section 4604. 

10 (xvii) X–1 VISA FEES.—Fees collected 

11 under section 214(s)(6) of the Immigration 

12 and Nationality Act, as added by section 

13 4801. 

14 (xviii) PENALTY FOR ADJUSTMENT

15 FROM REGISTERED PROVISIONAL IMMI16 GRANT STATUS.—Penalties collected under 

17 section 245C(c)(5)(B) of the Immigration 

18 and Nationality Act, as added by section 

19 2102. 

20 (C) AUTHORITY TO ADJUST FEES.—As 

21 necessary to carry out the purposes of this Act, 

22 the Secretary may adjust the amounts of the 

23 fees and penalties set out under subparagraph 

24 (B), except for the fines and penalties referred 


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1 to in clauses (ii), (iii), (iv), or (xviii) of such 

2 subparagraph. 

3 (3) USE OF FUNDS.— 

4 (A) INITIAL FUNDING.—Of the amounts 

5 transferred to the Trust Fund pursuant to 

6 paragraph (2)(A)— 

7 (i) $3,000,000,000 shall remain avail8 able for the 5-year period beginning on the 

9 date specified in paragraph (2)(A) for use 

10 by the Secretary to carry out the Border 

11 Security Results Strategy; 

12 (ii) $2,000,000,000 shall remain 

13 available for the 10-year period beginning 

14 on the date specified in paragraph (2)(A) 

15 for use by the Secretary to carry out pro16 grams, projects, and activities rec17 ommended by the Commission pursuant to 

18 section 5(d) to achieve and maintain the 

19 border security goal specified in section 

20 4(b); 

21 (iii) $1,500,000,000 shall be made 

22 available to the Secretary, during the 5- 

23 year period beginning on the date of the 

24 enactment of this Act, to procure and de25 ploy fencing, infrastructure, personnel, and 


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1 technology in accordance with the Border 

2 Security Results Strategy established pur3 suant to section 6, not less than 

4 $1,000,000,000 of which shall be used for 

5 fencing, infrastructure, personnel, and 

6 technology at ports of entry in accordance 

7 with section 6(c)(1)(A); 

8 (iv) $750,000,000 shall remain avail9 able for the 6-year period beginning on the 

10 date specified in paragraph (2)(A) for use 

11 by the Secretary to expand and implement 

12 the mandatory employment verification 

13 system, which shall be used as required by 

14 section 274A of the Immigration and Na15 tionality Act (8 U.S.C. 1324a), as amend16 ed by section 3101; 

17 (v) $900,000,000 shall remain avail18 able for the 8-year period beginning on the 

19 date specified in paragraph (2)(A) for use 

20 by the Secretary of State to pay for one21 time and startup costs necessary to imple22 ment this Act; and 

23 (vi) $150,000,000 shall remain avail24 able for the 2-year period beginning on the 

25 date specified in paragraph (2)(A) for use 


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1 by the Secretary for transfer to the Sec2 retary of Labor, the Secretary of Agri3 culture, or the Attorney General, for initial 

4 costs of implementing this Act. 

5 (B) REPAYMENT OF TRUST FUND EX6 PENSES.—The first $8,300,000,000 collected 

7 pursuant to the fees, penalties, and fines re8 ferred to in clauses (ii), (iii), (iv), (vi), (xiii), 

9 (xvii), and (xviii) of paragraph (2)(B) shall be 

10 collected, deposited in the general fund of the 

11 Treasury, and used for Federal budget deficit 

12 reduction. Collections in excess of 

13 $8,300,000,000 shall be deposited into the 

14 Trust Fund, as specified in paragraph (2)(B). 

15 (C) PROGRAM IMPLEMENTATION.— 

16 Amounts deposited into the Trust Fund pursu17 ant to paragraph (2)(B) shall be available dur18 ing each of fiscal years 2014 through 2018 as 

19 follows: 

20 (i) $50,000,000 to carry out the ac21 tivities referenced in section 1104(a)(1). 

22 (ii) $50,000,000 to carry out the ac23 tivities referenced in section 1104(b). 

24 (D) ONGOING FUNDING.—Subject to the 

25 availability of appropriations, amounts deposVerDate Mar 15 2010 23:10 Oct 03, 2013 Jkt 039200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H15.IH H15

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1 ited in the Trust Fund pursuant to paragraph 

2 (2)(B) are authorized to be appropriated as fol3 lows: 

4 (i) Such sums as may be necessary to 

5 carry out the authorizations included in 

6 this Act. 

7 (ii) Such sums as may be necessary to 

8 carry out the operations and maintenance 

9 of border security and immigration en10 forcement investments referenced in sub11 paragraph (A). 

12 (E) EXPENDITURE PLAN.—The Secretary, 

13 in consultation with the Attorney General and 

14 the Secretary of Defense, shall submit to the 

15 Committee on Appropriations of the Senate, the 

16 Committee on the Judiciary of the Senate, the 

17 Committee on Appropriations of the House of 

18 Representatives, and the Committee on the Ju19 diciary of the House of Representatives, in con20 junction with the Border Security Results 

21 Strategy, a plan for expenditure that de22 scribes— 

23 (i) the types and planned deployment 

24 of fixed, mobile, video, and agent and offi25 cer portable surveillance and detection 


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1 equipment, including those recommended 

2 or provided by the Department of Defense; 

3 (ii) the number of Border Patrol 

4 agents and Customs and Border Protection 

5 officers to be hired, including a detailed 

6 description of which Border Patrol sectors 

7 and which land border ports of entry they 

8 will be stationed; 

9 (iii) the numbers and type of un10 armed, unmanned aerial systems and un11 armed, fixed-wing and rotary aircraft, in12 cluding pilots, air interdiction agents, and 

13 support staff to fly or otherwise operate 

14 and maintain the equipment; 

15 (iv) the numbers, types, and planned 

16 deployment of marine and riverine vessels, 

17 if any, including marine interdiction agents 

18 and support staff to operate and maintain 

19 the vessels; 

20 (v) the locations, amount, and 

21 planned deployment of fencing, including 

22 double layer fencing, tactical and other in23 frastructure, and technology, including but 

24 not limited to fixed towers, sensors, cam25 eras, and other detection technology; 


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1 (vi) the numbers, types, and planned 

2 deployment of ground-based mobile surveil3 lance systems; 

4 (vii) the numbers, types, and planned 

5 deployment of tactical and other interoper6 able law enforcement communications sys7 tems and equipment; 

8 (viii) required construction, including 

9 repairs, expansion, and maintenance, and 

10 location of additional checkpoints, Border 

11 Patrol stations, and forward operating 

12 bases; 

13 (ix) the number of additional attor14 neys and support staff for the Office of the 

15 United States Attorney for Tucson; 

16 (x) the number of additional support 

17 staff and interpreters in the Office of the 

18 Clerk of the Court for Tucson; 

19 (xi) the number of additional per20 sonnel, including Marshals and Deputy 

21 Marshals for the United States Marshals 

22 Office for Tucson; 

23 (xii) the number of additional mag24 istrate judges for the southern border 

25 United States District Courts; 


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1 (xiii) activities to be funded by the 

2 Homeland Security Border Oversight Task 

3 Force; 

4 (xiv) amounts and types of grants to 

5 States and other entities; 

6 (xv) amounts and activities necessary 

7 to hire additional personnel and for start8 up costs related to upgrading software and 

9 information technology necessary to transi10 tion from a voluntary E-Verify system to 

11 mandatory employment verification system 

12 under section 274A of the Immigration 

13 and Nationality Act (8 U.S.C. 1324a) 

14 within 5 years; 

15 (xvi) the number of additional per16 sonnel and other costs associated with im17 plementing the immigration courts and re18 moval proceedings mandated in subtitle E 

19 of title III; 

20 (xvii) the steps the Commissioner of 

21 Social Security plans to take to create a 

22 fraud-resistant, tamper-resistant, wear-re23 sistant, and identity-theft resistant Social 

24 Security card, including— 


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1 (I) the types of equipment need2 ed to create the card; 

3 (II) the total estimated costs for 

4 completion that clearly delineates 

5 costs associated with the acquisition 

6 of equipment and transition to oper7 ation, subdivided by fiscal year and 

8 including a description of the purpose 

9 by fiscal year for design, pre-acquisi10 tion activities, production, and transi11 tion to operation; 

12 (III) the number and type of per13 sonnel, including contract personnel, 

14 required to research, design, test, and 

15 produce the card; and 

16 (IV) a detailed schedule for pro17 duction of the card, including an esti18 mated completion date at the pro19 jected funding level provided in this 

20 Act; and 

21 (xviii) the operations and maintenance 

22 costs associated with the implementation of 

23 clauses (i) through (xvii). 

24 (F) ANNUAL REVISION.—The expenditure 

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1 mitted with the President’s budget proposals 

2 for fiscal year 2016, 2017, 2018, and 2019 

3 pursuant to the requirements of section 1105(a) 

4 of title 31, United States Code. 

5 (G) COMMISSION EXPENDITURE PLAN.— 

6 (i) REQUIREMENT FOR PLAN.—South7 ern Border Security Commission ref8 erenced in section 5 is established, the Sec9 retary shall submit to the appropriate com10 mittees of Congress, not later than 60 days 

11 after the submission of the review required 

12 by section 5(g), a plan for expenditure that 

13 achieves the recommendations in the report 

14 required by section 5(d) and the review re15 quired by section 5(g). 

16 (ii) APPROPRIATE COMMITTEES OF

17 CONGRESS DEFINED.—clause (i), the term 

18 ‘‘appropriate committees of Congress’’ 

19 means— 

20 (I) the Committee on Appropria21 tions, the Committee on the Judiciary, 

22 and the Committee on Finance of the 

23 Senate; and 

24 (II) the Committee on Appropria25 tions, the Committee on the Judiciary, 


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1 and the Committee on Ways and 

2 Means of the House of Representa3 tives. 

4 (4) LIMITATION ON COLLECTION.— 

5 (A) IN GENERAL.—No fee deposited in the 

6 Trust Fund may be collected except to the ex7 tent that the expenditure of the fee is provided 

8 for in advance in an appropriations Act only to 

9 pay the costs of activities and services for which 

10 appropriations are authorized to be funded 

11 from the Trust Fund. 

12 (B) RECEIPTS COLLECTED AS OFFSETTING

13 RECEIPTS.—Until the date of the enactment of 

14 an Act making appropriations for the activities 

15 authorized under this Act through September 

16 30, 2014, the fees authorized by paragraph 

17 (2)(B) that are not deposited into the general 

18 fund pursuant to paragraph (3)(B) may be col19 lected and shall be credited as to the Trust 

20 Fund to remain available until expended only to 

21 pay the costs of activities and services for which 

22 appropriations are authorized to be funded 

23 from the Trust Fund. 

24 (b) COMPREHENSIVE IMMIGRATION REFORM START25 UP ACCOUNT.— 


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1 (1) ESTABLISHMENT.—There is established in 

2 the Treasury a separate account, to be known as the 

3 ‘‘Comprehensive Immigration Reform Startup Ac4 count,’’ (referred to in this section as the ‘‘Startup 

5 Account’’), consisting of amounts transferred from 

6 the general fund of the Treasury under paragraph 

7 (2). 

8 (2) DEPOSITS.—There is appropriated to the 

9 Startup Account, out of any funds in the Treasury 

10 not otherwise appropriated, $3,000,000,000, to re11 main available until expended on the later of the 

12 date that is— 

13 (A) the date of the enactment of this Act; 

14 or 

15 (B) October 1, 2013. 

16 (3) REPAYMENT OF STARTUP COSTS.— 

17 (A) IN GENERAL.—Notwithstanding sec18 tion 286(m) of the Immigration and Nationality 

19 Act (8 U.S.C. 1356(m)), 50 percent of fees col20 lected under section 245B(c)(10)(A) of the Im21 migration and Nationality Act, as added by sec22 tion 2101 of this Act, shall be deposited month23 ly in the general fund of the Treasury and used 

24 for Federal budget deficit reduction until the 


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1 funding provided by paragraph (2) has been re2 paid. 

3 (B) DEPOSIT IN THE IMMIGRATION EXAMI4 NATIONS FEE ACCOUNT.—Fees collected in ex5 cess of the amount referenced in subparagraph 

6 (A) shall be deposited in the Immigration Ex7 aminations Fee Account, pursuant to section 

8 286(m) of the Immigration and Nationality Act 

9 (8 U.S.C. 1356(m)), and shall remain available 

10 until expended pursuant to section 286(n) of 

11 the Immigration and Nationality Act (8 U.S.C. 

12 1356(n)). 

13 (4) USE OF FUNDS.—The Secretary shall use 

14 the amounts transferred to the Startup Account to 

15 pay for one-time and startup costs necessary to im16 plement this Act, including— 

17 (A) equipment, information technology sys18 tems, infrastructure, and human resources; 

19 (B) outreach to the public, including devel20 opment and promulgation of any regulations, 

21 rules, or other public notice; 

22 (C) grants to community and faith-based 

23 organizations; and 

24 (D) anti-fraud programs and actions re25 lated to implementation of this Act. 


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1 (5) EXPENDITURE PLAN.—Not later than 90 

2 days after the date of the enactment of this Act, the 

3 Secretary, in consultation with the Attorney General 

4 and the Secretary of Defense, shall submit to the 

5 Committee on Appropriations and the Committee on 

6 the Judiciary of the Senate and the Committee on 

7 Appropriations and the Committee on the Judiciary 

8 of the House of Representatives, a plan for expendi9 ture of the one-time and startup funds in the Start10 up Account that provides details on— 

11 (A) the types of equipment, information 

12 technology systems, infrastructure, and human 

13 resources; 

14 (B) the plans for outreach to the public, 

15 including development and promulgation of any 

16 regulations, rules, or other public notice; 

17 (C) the types and amounts of grants to 

18 community and faith-based organizations; and 

19 (D) the anti-fraud programs and actions 

20 related to implementation of this Act. 

21 (c) ANNUAL AUDITS.— 

22 (1) AUDITS REQUIRED.—Not later than Octo23 ber 1 each year beginning on or after the date of the 

24 enactment of this Act, the Chief Financial Officer of 

25 the Department of Homeland Security shall, in conVerDate Mar 15 2010 23:10 Oct 03, 2013 Jkt 039200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\H15.IH H15

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1 junction with the Inspector General of the Depart2 ment of Homeland Security, conduct an audit of the 

3 Trust Fund. 

4 (2) REPORTS.—Upon completion of each audit 

5 of the Trust Fund under paragraph (1), the Chief 

6 Financial Officer shall, in conjunction with the In7 spector General, submit to Congress, and make 

8 available to the public on an Internet website of the 

9 Department available to the public, a jointly audited 

10 financial statement concerning the Trust Fund. 

11 (3) ELEMENTS.—Each audited financial state12 ment under paragraph (2) shall include the fol13 lowing: 

14 (A) The report of an independent certified 

15 public accountant. 

16 (B) A balance sheet reporting admitted as17 sets, liabilities, capital and surplus. 

18 (C) A statement of cash flow. 

19 (D) Such other information on the Trust 

20 Fund as the Chief Financial Officer, the In21 spector General, or the independent certified 

22 public accountant considers appropriate to fa23 cilitate a comprehensive understanding of the 

24 Trust Fund during the year covered by the fi25 nancial statement. 


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1 (d) DETERMINATION OF BUDGETARY EFFECTS.— 

2 (1) EMERGENCY DESIGNATION FOR CONGRES3 SIONAL ENFORCEMENT.—In the Senate, amounts 

4 appropriated by or deposited in the general fund of 

5 the Treasury pursuant to this section are designated 

6 as an emergency requirement pursuant to section 

7 403(a) of S. Con. Res. 13 (111th Congress), the 

8 concurrent resolution on the budget for fiscal year 

9 2010. 

10 (2) EMERGENCY DESIGNATION FOR STATUTORY

11 PAYGO.—Amounts appropriated by or deposited in 

12 the general fund of the Treasury pursuant to this 

13 section are designated as an emergency requirement 

14 under section 4(g) of the Statutory Pay-As-You-Go 

15 Act of 2010 (Public Law 111–139; 2 U.S.C. 

16 933(g)). 

17 SEC. 10. REFERENCE TO THE IMMIGRATION AND NATION18 ALITY ACT. 

19 Except as otherwise expressly provided, whenever in 

20 this Act an amendment or repeal is expressed in terms 

21 of an amendment to, or repeal of, a section or other provi22 sion, the reference shall be considered to be made to a 

23 section or other provision of the Immigration and Nation24 ality Act (8 U.S.C. 1101 et seq.). 


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1 SEC. 11. DEFINITIONS. 

2 In this Act: 

3 (1) DEPARTMENT.—Except as otherwise pro4 vided, the term ‘‘Department’’ means the Depart5 ment of Homeland Security. 

6 (2) SECRETARY.—Except as otherwise provided, 

7 the term ‘‘Secretary’’ means the Secretary of Home8 land Security. 

9 SEC. 12. GRANT ACCOUNTABILITY. 

10 (a) DEFINITIONS.—In this section: 

11 (1) AWARDING ENTITIES.—The term ‘‘awarding 

12 entities’’ means the Secretary of Homeland Security, 

13 the Director of the Federal Emergency Management 

14 Agency (FEMA), the Chief of the Office of Citizen15 ship and New Americans, as designated by this Act, 

16 and the Director of the National Science Founda17 tion. 

18 (2) NONPROFIT ORGANIZATION.—The term 

19 ‘‘nonprofit organization’’ means an organization that 

20 is described in section 501(c)(3) of the Internal Rev21 enue Code of 1986 and is exempt from taxation 

22 under section 501(a) of such Code. 

23 (3) UNRESOLVED AUDIT FINDING.—The term 

24 ‘‘unresolved audit finding’’ means a finding in a 

25 final audit report conducted by the Inspector Gen26 eral of the Department of Homeland Security, or the 


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1 Inspector General for the National Science Founda2 tion for grants awarded by the Director of the Na3 tional Science Foundation, that the audited grantee 

4 has utilized grant funds for an unauthorized expend5 iture or otherwise unallowable cost that is not closed 

6 or resolved within 1 year from the date when the 

7 final audit report is issued. 

8 (b) ACCOUNTABILITY.—All grants awarded by 

9 awarding entities pursuant to this Act shall be subject to 

10 the following accountability provisions: 

11 (1) AUDIT REQUIREMENT.— 

12 (A) AUDITS.—Beginning in the first fiscal 

13 year beginning after the date of the enactment 

14 of this section, and in each fiscal year there15 after, the Inspector General of the Department 

16 of Homeland Security, or the Inspector General 

17 for the National Science Foundation for grants 

18 awarded by the Director of the National 

19 Science Foundation, shall conduct audits of re20 cipients of grants under this Act to prevent 

21 waste, fraud, and abuse of funds by grantees. 

22 The Inspector Generals shall determine the ap23 propriate number of grantees to be audited 

24 each year. 


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1 (B) MANDATORY EXCLUSION.—A recipient 

2 of grant funds under this Act that is found to 

3 have an unresolved audit finding shall not be el4 igible to receive grant funds under this Act dur5 ing the first 2 fiscal years beginning after the 

6 end of the 1-year period described in subsection 

7 (a)(3). 

8 (C) PRIORITY.—In awarding grants under 

9 this Act, the awarding entities shall give pri10 ority to eligible applicants that did not have an 

11 unresolved audit finding during the 3 fiscal 

12 years before submitting an application for a 

13 grant under this Act. 

14 (D) REIMBURSEMENT.—If an entity is 

15 awarded grant funds under this Act during the 

16 2-fiscal-year period during which the entity is 

17 barred from receiving grants under subpara18 graph (B), the awarding entity shall— 

19 (i) deposit an amount equal to the 

20 amount of the grant funds that were im21 properly awarded to the grantee into the 

22 General Fund of the Treasury; and 

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1 ent that was erroneously awarded grant 

2 funds. 

3 (2) NONPROFIT ORGANIZATION REQUIRE4 MENTS.— 

5 (A) PROHIBITION.—An awarding entity 

6 may not award a grant under this Act to a non7 profit organization that holds money in offshore 

8 accounts for the purpose of avoiding paying the 

9 tax described in section 511(a) of the Internal 

10 Revenue Code of 1986. 

11 (B) DISCLOSURE.—Each nonprofit organi12 zation that is awarded a grant under this Act 

13 and uses the procedures prescribed in regula14 tions to create a rebuttable presumption of rea15 sonableness for the compensation of its officers, 

16 directors, trustees, and key employees, shall dis17 close to the awarding entity, in the application 

18 for the grant, the process for determining such 

19 compensation, including the independent per20 sons involved in reviewing and approving such 

21 compensation, the comparability data used, and 

22 contemporaneous substantiation of the delibera23 tion and decision. Upon request, the awarding 

24 entity shall make the information disclosed 


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1 under this subparagraph available for public in2 spection. 

3 (3) CONFERENCE EXPENDITURES.— 

4 (A) LIMITATION.—No amounts authorized 

5 to be appropriated to the Department of Home6 land Security or the National Science Founda7 tion for grant programs under this Act may be 

8 used by an awarding entity or by any individual 

9 or entity awarded discretionary funds through a 

10 cooperative agreement under this Act to host or 

11 support any expenditure for conferences that 

12 uses more than $20,000 in funds made avail13 able by the Department of Homeland Security 

14 or the National Science Foundation unless the 

15 Deputy Secretary for Homeland Security, or 

16 the Deputy Director of the National Science 

17 Foundation, or their designee, provides prior 

18 written authorization that the funds may be ex19 pended to host the conference. 

20 (B) WRITTEN APPROVAL.—Written ap21 proval under subparagraph (A) shall include a 

22 written estimate of all costs associated with the 

23 conference, including the cost of all food, bev24 erages, audio-visual equipment, honoraria for 

25 speakers, and entertainment. 


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1 (C) REPORT.—The Deputy Secretary of 

2 Homeland Security and the Deputy Director of 

3 the National Science Foundation shall submit 

4 an annual report to Congress on all conference 

5 expenditures approved under this paragraph. 

6 (4) ANNUAL CERTIFICATION.—Beginning in the 

7 first fiscal year beginning after the date of the en8 actment of this subsection, each awarding entity 

9 shall submit to Congress a report— 

10 (A) indicating whether— 

11 (i) all audits issued by the Offices of 

12 the Inspector General under paragraph (1) 

13 have been completed and reviewed by the 

14 appropriate individuals; 

15 (ii) all mandatory exclusions required 

16 under paragraph (1)(B) have been issued; 

17 and 

18 (iii) all reimbursements required 

19 under paragraph (1)(D) have been made; 

20 and 

21 (B) including a list of any grant recipients 

22 excluded under paragraph (1) from the previous 

23 year. 


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1 TITLE I—BORDER SECURITY 

2 SEC. 1101. DEFINITIONS. 

3 In this title: 

4 (1) NORTHERN BORDER.—The term ‘‘Northern 

5 border’’ means the international border between the 

6 United States and Canada. 

7 (2) RURAL, HIGH-TRAFFICKED AREAS.—The 

8 term ‘‘rural, high-trafficked areas’’ means rural 

9 areas through which drugs and undocumented aliens 

10 are routinely smuggled, as designated by the Com11 missioner of U.S. Customs and Border Protection. 

12 (3) SOUTHERN BORDER.—The term ‘‘Southern 

13 border’’ means the international border between the 

14 United States and Mexico. 

15 (4) SOUTHWEST BORDER REGION.—The term 

16 ‘‘Southwest border region’’ means the area in the 

17 United States that is within 100 miles of the South18 ern border. 

19 SEC. 1102. ADDITIONAL U.S. CUSTOMS AND BORDER PRO20 TECTION OFFICERS. 

21 (a) IN GENERAL.—Not later than September 30, 

22 2017, the Secretary shall increase the number of trained 

23 U.S. Customs and Border Protection officers by 3,500, 

24 compared to the number of such officers as of the date 

25 of the enactment of this Act. The Secretary shall make 


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1 progress in increasing such number of officers during each 

2 of the fiscal years 2014 through 2017. 

3 (b) CONSTRUCTION.—Nothing in subsection (a) may 

4 be construed to preclude the Secretary from reassigning 

5 or stationing U.S. Customs and Border Protection Offi6 cers and U.S. Border Patrol Agents from the Northern 

7 border to the Southern border. 

8 (c) FUNDING.—Section 217(h)(3)(B) (8 U.S.C. 

9 1187(h)(3)(B)) is amended— 

10 (1) in clause (i)— 

11 (A) by striking ‘‘No later than 6 months 

12 after the date of enactment of the Travel Pro13 motion Act of 2009, the’’ and inserting ‘‘The’’; 

14 (B) in subclause (I), by striking ‘‘and’’ at 

15 the end; 

16 (C) by redesignating subclause (II) as sub17 clause (III); and 

18 (D) by inserting after subclause (I) the fol19 lowing: 

20 ‘‘(II) $16 for border processing; 

21 and’’; 

22 (2) in clause (ii), by striking ‘‘Amounts col23 lected under clause (i)(II)’’ and inserting ‘‘Amounts 

24 collected under clause (i)(II) shall be deposited into 

25 the Comprehensive Immigration Reform Trust Fund 


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1 established under section 9(a)(1) of the Border Se2 curity, Economic Opportunity, and Immigration 

3 Modernization Act. Amounts collected under clause 

4 (i)(III)’’; and 

5 (3) by striking clause (iii). 

6 (d) CORPORATION FOR TRAVEL PROMOTION.—Sec7 tion 9(d)(2)(B) of the Travel Promotion Act of 2009 (22 

8 U.S.C. 2131(d)(2)(B)) is amended by striking ‘‘For each 

9 of fiscal years 2012 through 2015,’’ and inserting ‘‘For 

10 each fiscal year after 2012,’’. 

11 (e) RECRUITMENT OF FORMER MEMBERS OF THE

12 ARMED FORCES AND MEMBERS OF RESERVE COMPO13 NENTS OF THE ARMED FORCES.— 

14 (1) REQUIREMENT FOR PROGRAM.—The Sec15 retary, in conjunction with the Secretary of Defense, 

16 shall establish a program to actively recruit members 

17 of the reserve components of the Armed Forces and 

18 former members of the Armed Forces, including the 

19 reserve components, to serve in United States Cus20 toms and Border Protection and United States Im21 migration and Customs Enforcement. 

22 (2) RECRUITMENT INCENTIVES.— 

23 (A) STUDENT LOAN REPAYMENTS FOR

24 UNITED STATES BORDER PATROL AGENTS WITH

25 A THREE-YEAR COMMITMENT.—Section 5379(b) 


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1 of title 5, United States Code, is amended by 

2 adding at the end the following new paragraph: 

3 ‘‘(4) In the case of an employee who is otherwise eligi4 ble for benefits under this section and who is serving as 

5 a full-time active-duty United States border patrol agent 

6 within the Department of Homeland Security— 

7 ‘‘(A) paragraph (2)(A) shall be applied by sub8 stituting ‘$20,000’ for ‘$10,000’; and 

9 ‘‘(B) paragraph (2)(B) shall be applied by sub10 stituting ‘$80,000’ for ‘$60,000’.’’. 

11 (B) RECRUITMENT AND RELOCATION BO12 NUSES AND RETENTION ALLOWANCES FOR PER13 SONNEL OF THE DEPARTMENT OF HOMELAND

14 SECURITY.—The Secretary of Homeland Secu15 rity shall ensure that the authority to pay re16 cruitment and relocation bonuses under section 

17 5753 of title 5, United States Code, the author18 ity to pay retention bonuses under section 5754 

19 of such title, and any other similar authorities 

20 available under any other provision of law, rule, 

21 or regulation, are exercised to the fullest extent 

22 allowable in order to encourage service in the 

23 Department of Homeland Security. 

24 (3) REPORT ON RECRUITMENT INCENTIVES.— 


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1 (A) IN GENERAL.—Not later than 90 days 

2 after the date of the enactment of this Act, the 

3 Secretary and the Secretary of Defense shall 

4 jointly submit to the appropriate committees of 

5 Congress a report including an assessment of 

6 the desirability and feasibility of offering incen7 tives to members of the reserve components of 

8 the Armed Forces and former members of the 

9 Armed Forces, including the reserve compo10 nents, for the purpose of encouraging such 

11 members to serve in United States Customs 

12 and Border Protection and Immigration and 

13 Customs Enforcement. 

14 (B) CONTENT.—The report required by 

15 subparagraph (A) shall include— 

16 (i) a description of various monetary 

17 and non-monetary incentives considered for 

18 purposes of the report; and 

19 (ii) an assessment of the desirability 

20 and feasibility of utilizing any such incen21 tive. 

22 (4) APPROPRIATE COMMITTEES OF CONGRESS

23 DEFINED.—The term ‘‘appropriate committees of 

24 Congress’’ means— 


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1 (A) the Committee on Appropriations, the 

2 Committee on Armed Services, and the Com3 mittee on Homeland Security and Govern4 mental Affairs of the Senate; and 

5 (B) the Committee on Appropriations, the 

6 Committee on Armed Services, and the Com7 mittee on Homeland Security of the House of 

8 Representatives. 

9 SEC. 1103. NATIONAL GUARD SUPPORT TO SECURE THE 

10 SOUTHERN BORDER. 

11 (a) IN GENERAL.—With the approval of the Sec12 retary of Defense, the Governor of a State may order any 

13 unit or personnel of the National Guard of such State to 

14 perform operations and missions under section 502(f) of 

15 title 32, United States Code, in the Southwest Border re16 gion for the purposes of assisting U.S. Customs and Bor17 der Protection in securing the Southern border. 

18 (b) ASSIGNMENT OF OPERATIONS AND MISSIONS.— 

19 (1) IN GENERAL.—National Guard units and 

20 personnel deployed under subsection (a) may be as21 signed such operations and missions specified in sub22 section (c) as may be necessary to secure the South23 ern border. 

24 (2) NATURE OF DUTY.—The duty of National 

25 Guard personnel performing operations and missions 


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1 described in paragraph (1) shall be full-time duty 

2 under title 32, United States Code. 

3 (c) RANGE OF OPERATIONS AND MISSIONS.—The op4 erations and missions assigned under subsection (b) shall 

5 include the temporary authority— 

6 (1) to construct fencing, including double-layer 

7 and triple-layer fencing; 

8 (2) to increase ground-based mobile surveillance 

9 systems; 

10 (3) to deploy additional unmanned aerial sys11 tems and manned aircraft sufficient to maintain 

12 continuous surveillance of the Southern border; 

13 (4) to deploy and provide capability for radio 

14 communications interoperability between U.S. Cus15 toms and Border Protection and State, local, and 

16 tribal law enforcement agencies; 

17 (5) to construct checkpoints along the Southern 

18 border to bridge the gap to long-term permanent 

19 checkpoints; and 

20 (6) to provide assistance to U.S. Customs and 

21 Border Protection, particularly in rural, high-traf22 ficked areas, as designated by the Commissioner of 

23 U.S. Customs and Border Protection. 

24 (d) MATERIEL AND LOGISTICAL SUPPORT.—The 

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1 ment and logistical support as may be necessary to ensure 

2 success of the operations and missions conducted by the 

3 National Guard under this section. 

4 (e) EXCLUSION FROM NATIONAL GUARD PER5 SONNEL STRENGTH LIMITATIONS.—National Guard per6 sonnel deployed under subsection (a) shall not be included 

7 in— 

8 (1) the calculation to determine compliance 

9 with limits on end strength for National Guard per10 sonnel; or 

11 (2) limits on the number of National Guard 

12 personnel that may be placed on active duty for 

13 operational support under section 115 of title 10, 

14 United States Code. 

15 SEC. 1104. ENHANCEMENT OF EXISTING BORDER SECURITY 

16 OPERATIONS. 

17 (a) BORDER CROSSING PROSECUTIONS.— 

18 (1) IN GENERAL.—From the amounts made 

19 available pursuant to the appropriations in para20 graph (3), funds shall be made available— 

21 (A) to increase the number of border cross22 ing prosecutions in the Tucson Sector of the 

23 Southwest border region to up to 210 prosecu24 tions per day through increasing funding avail25 able for— 


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1 (i) attorneys and administrative sup2 port staff in the Office of the United 

3 States Attorney for Tucson; 

4 (ii) support staff and interpreters in 

5 the Office of the Clerk of the Court for 

6 Tucson; 

7 (iii) pre-trial services; 

8 (iv) activities of the Federal Public 

9 Defender Office for Tucson; and 

10 (v) additional personnel, including 

11 Deputy United States Marshals in the 

12 United States Marshals Office for Tucson 

13 to perform intake, coordination, transpor14 tation, and court security; and 

15 (B) reimburse Federal, State, local, and 

16 tribal law enforcement agencies for any deten17 tion costs related to the border crossing pros18 ecutions carried out pursuant to subparagraph 

19 (A). 

20 (2) ADDITIONAL MAGISTRATE JUDGES TO AS21 SIST WITH INCREASED CASELOAD.—The chief judge 

22 of the United States District Court for the District 

23 of Arizona is authorized to appoint additional full24 time magistrate judges, who, consistent with the 

25 Constitution and laws of the United States, shall 


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1 have the authority to hear cases and controversies in 

2 the judicial district in which the respective judges 

3 are appointed. 

4 (3) FUNDING.—There are authorized to be ap5 propriated, from the Comprehensive Immigration 

6 Reform Trust Fund established under section 

7 9(a)(1), such sums as may be necessary to carry out 

8 this subsection. 

9 (b) OPERATION STONEGARDEN.— 

10 (1) IN GENERAL.—The Federal Emergency 

11 Management Agency shall enhance law enforcement 

12 preparedness and operational readiness along the 

13 borders of the United States through Operation 

14 Stonegarden. The amounts available under this 

15 paragraph are in addition to any other amounts oth16 erwise made available for Operation Stonegarden. 

17 Not less than 90 percent of the amounts made avail18 able under section 9(a)(3)(C)(ii) shall be allocated 

19 for grants and reimbursements to law enforcement 

20 agencies in the States in the Southwest border re21 gion for personnel, overtime, travel, and other costs 

22 related to combating illegal immigration and drug 

23 smuggling in the Southwest border region. Alloca24 tions for grants and reimbursements to law enforce25 ment agencies under this paragraph shall be made 


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1 by the Federal Emergency Management Agency 

2 through a competitive process. 

3 (2) FUNDING.—There are authorized to be ap4 propriated, from the amounts made available under 

5 section 9(a)(3)(A)(i), such sums as may be nec6 essary to carry out this subsection. 

7 (c) INFRASTRUCTURE IMPROVEMENTS.— 

8 (1) BORDER PATROL STATIONS.—The Secretary 

9 shall— 

10 (A) construct additional Border Patrol sta11 tions in the Southwest border region that U.S. 

12 Border Patrol determines are needed to provide 

13 full operational support in rural, high-trafficked 

14 areas; and 

15 (B) analyze the feasibility of creating addi16 tional Border Patrol sectors along the Southern 

17 border to interrupt drug trafficking operations. 

18 (2) FORWARD OPERATING BASES.—The Sec19 retary shall enhance the security of the Southwest 

20 border region by— 

21 (A) establishing additional permanent for22 ward operating bases for the U.S. Border Pa23 trol, as needed; 


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1 (B) upgrading the existing forward oper2 ating bases to include modular buildings, elec3 tricity, and potable water; and 

4 (C) ensuring that forward operating bases 

5 surveil and interdict individuals entering the 

6 United States unlawfully immediately after 

7 such individuals cross the Southern border. 

8 (3) SAFE AND SECURE BORDER INFRASTRUC9 TURE.—The Secretary and the Secretary of Trans10 portation, in consultation with the governors of the 

11 States in the Southwest border region and the 

12 Northern border region, shall establish a grant pro13 gram, which shall be administered by the Secretary 

14 of Transportation and the General Services Adminis15 tration, to construct transportation and supporting 

16 infrastructure improvements at existing and new 

17 international border crossings necessary to facilitate 

18 safe, secure, and efficient cross border movement of 

19 people, motor vehicles, and cargo. 

20 (4) AUTHORIZATION OF APPROPRIATIONS.— 

21 There is authorized to be appropriated for each of 

22 fiscal years 2014 through 2018 such sums as may 

23 be necessary to carry out this subsection. 

24 (d) ADDITIONAL PERMANENT DISTRICT COURT

25 JUDGESHIPS IN SOUTHWEST BORDER STATES.— 


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1 (1) IN GENERAL.—The President shall appoint, 

2 by and with the advice and consent of the Senate— 

3 (A) 2 additional district judges for the dis4 trict of Arizona; 

5 (B) 3 additional district judges for the 

6 eastern district of California; 

7 (C) 2 additional district judges for the 

8 western district of Texas; and 

9 (D) 1 additional district judge for the 

10 southern district of Texas. 

11 (2) CONVERSIONS OF TEMPORARY DISTRICT

12 COURT JUDGESHIPS.—The existing judgeships for 

13 the district of Arizona and the central district of 

14 California authorized by section 312(c) of the 21st 

15 Century Department of Justice Appropriations Au16 thorization Act (28 U.S.C. 133 note; Public Law 

17 107–273; 116 Stat. 1788), as of the effective date 

18 of this Act, shall be authorized under section 133 of 

19 title 28, United States Code, and the incumbents in 

20 those offices shall hold the office under section 133 

21 of title 28, United States Code, as amended by this 

22 Act. 

23 (3) TECHNICAL AND CONFORMING AMEND24 MENTS.—The table contained in section 133(a) of 

25 title 28, United States Code, is amended— 


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1 (A) by striking the item relating to the dis2 trict of Arizona and inserting the following: 

‘‘Arizona ......................................................................................... 15’’; 

3 (B) by striking the item relating to Cali4 fornia and inserting the following: 

‘‘California: 

Northern ................................................................. 14 

Eastern ................................................................... 9 

Central .................................................................... 28 

Southern ................................................................. 13’’; 

5 and 

6 (C) by striking the item relating to Texas 

7 and inserting the following: 

‘‘Texas: 

Northern ................................................................. 12 

Southern ................................................................. 20 

Eastern ................................................................... 7 

Western .................................................................. 15’’. 

8 (4) INCREASE IN FILING FEES.— 

9 (A) IN GENERAL.—Section 1914(a) of title 

10 28, United States Code, is amended by striking 

11 ‘‘$350’’ and inserting ‘‘$360’’. 

12 (B) EXPENDITURE LIMITATION.—Incre13 mental amounts collected by reason of the en14 actment of this paragraph shall be deposited as 

15 offsetting receipts in the ‘‘Judiciary Filing Fee’’ 

16 special fund of the Treasury established under 

17 section 1931 of title 28, United States Code. 

18 Such amounts shall be available solely for the 


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1 purpose of facilitating the processing of civil 

2 cases, but only to the extent specifically appro3 priated by an Act of Congress enacted after the 

4 date of the enactment of this Act. 

5 (5) WHISTLEBLOWER PROTECTION.— 

6 (A) IN GENERAL.—No officer, employee, 

7 agent, contractor, or subcontractor of the judi8 cial branch may discharge, demote, threaten, 

9 suspend, harass, or in any other manner dis10 criminate against an employee in the terms and 

11 conditions of employment because of any lawful 

12 act done by the employee to provide informa13 tion, cause information to be provided, or other14 wise assist in an investigation regarding any 

15 possible violation of Federal law or regulation, 

16 or misconduct, by a judge, justice, or any other 

17 employee in the judicial branch, which may as18 sist in the investigation of the possible violation 

19 or misconduct. 

20 (B) CIVIL ACTION.—An employee injured 

21 by a violation of subparagraph (A) may, in a 

22 civil action, obtain appropriate relief. 

23 SEC. 1105. BORDER SECURITY ON CERTAIN FEDERAL LAND. 

24 (a) DEFINITIONS.—In this section: 


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1 (1) FEDERAL LANDS.—The term ‘‘Federal 

2 lands’’ includes all land under the control of the Sec3 retary concerned that is located within the South4 west border region in the State of Arizona along the 

5 international border between the United States and 

6 Mexico. 

7 (2) SECRETARY CONCERNED.—The term ‘‘Sec8 retary concerned’’ means— 

9 (A) with respect to land under the jurisdic10 tion of the Secretary of Agriculture, the Sec11 retary of Agriculture; and 

12 (B) with respect to land under the jurisdic13 tion of the Secretary of the Interior, the Sec14 retary of the Interior. 

15 (b) SUPPORT FOR BORDER SECURITY NEEDS.—To 

16 achieve effective control of Federal lands— 

17 (1) the Secretary concerned, notwithstanding 

18 any other provision of law, shall authorize and pro19 vide U.S. Customs and Border Protection personnel 

20 with immediate access to Federal lands for security 

21 activities, including— 

22 (A) routine motorized patrols; and 

23 (B) the deployment of communications, 

24 surveillance, and detection equipment; 


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1 (2) the security activities described in para2 graph (1) shall be conducted, to the maximum ex3 tent practicable, in a manner that the Secretary de4 termines will best protect the natural and cultural 

5 resources on Federal lands; and 

6 (3) the Secretary concerned may provide edu7 cation and training to U.S. Customs and Border 

8 Protection personnel on the natural and cultural re9 sources present on individual Federal land units. 

10 (c) PROGRAMMATIC ENVIRONMENTAL IMPACT

11 STATEMENT.— 

12 (1) IN GENERAL.—After implementing sub13 section (b), the Secretary, in consultation with the 

14 Secretaries concerned, shall prepare and publish in 

15 the Federal Register a notice of intent to prepare a 

16 programmatic environmental impact statement in 

17 accordance with the National Environmental Policy 

18 Act of 1969 (42 U.S.C. 4321 et seq.) to analyze the 

19 impacts of the activities described in subsection (b). 

20 (2) EFFECT ON PROCESSING APPLICATION AND

21 SPECIAL USE PERMITS.—The pending completion of 

22 a programmatic environmental impact statement 

23 under this section shall not result in any delay in the 

24 processing or approving of applications or special 


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1 use permits by the Secretaries concerned for the ac2 tivities described in subsection (b). 

3 (3) AMENDMENT OF LAND USE PLANS.—The 

4 Secretaries concerned shall amend any land use 

5 plans, as appropriate, upon completion of the pro6 grammatic environmental impact statement de7 scribed in subsection (b). 

8 (4) SCOPE OF PROGRAMMATIC ENVIRONMENTAL

9 IMPACT STATEMENT.—The programmatic environ10 mental impact statement described in paragraph 

11 (1)— 

12 (A) may be used to advise the Secretary on 

13 the impact on natural and cultural resources on 

14 Federal lands; and 

15 (B) shall not control, delay, or restrict ac16 tions by the Secretary to achieve effective con17 trol on Federal lands. 

18 (d) INTERMINGLED STATE AND PRIVATE LAND.— 

19 This section shall not apply to any private or State-owned 

20 land within the boundaries of Federal lands. 

21 SEC. 1106. EQUIPMENT AND TECHNOLOGY. 

22 (a) ENHANCEMENTS.—The Commissioner of U.S. 

23 Customs and Border Protection, working through U.S. 

24 Border Patrol, shall— 


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1 (1) deploy additional mobile, video, and agent2 portable surveillance systems, and unarmed, un3 manned aerial vehicles in the Southwest border re4 gion as necessary to provide 24-hour operation and 

5 surveillance; 

6 (2) operate unarmed unmanned aerial vehicles 

7 along the Southern border for 24 hours per day and 

8 for 7 days per week; 

9 (3) deploy unarmed additional fixed-wing air10 craft and helicopters along the Southern border; 

11 (4) acquire new rotorcraft and make upgrades 

12 to the existing helicopter fleet; 

13 (5) increase horse patrols in the Southwest bor14 der region; and 

15 (6) acquire and deploy watercraft and other 

16 equipment to provide support for border-related 

17 maritime anti-crime activities. 

18 (b) LIMITATION.— 

19 (1) IN GENERAL.—Notwithstanding paragraphs 

20 (1) and (2) of subsection (a), and except as provided 

21 in paragraph (2), U.S. Border Patrol may not oper22 ate unarmed, unmanned aerial vehicles in the San 

23 Diego and El Centro Sectors, except within 3 miles 

24 of the Southern border. 


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1 (2) EXCEPTION.—The limitation under this 

2 subsection shall not restrict the maritime operations 

3 of U.S. Customs and Border Protection. 

4 (c) AUTHORIZATION OF APPROPRIATIONS.—In addi5 tion to amounts otherwise authorized to be appropriated, 

6 there is authorized to be appropriated to U.S. Customs 

7 and Border Protection such sums as may be necessary to 

8 carry out subsection (a) during fiscal years 2014 through 

9 2018. 

10 SEC. 1107. ACCESS TO EMERGENCY PERSONNEL. 

11 (a) SOUTHWEST BORDER REGION EMERGENCY COM12 MUNICATIONS GRANTS.— 

13 (1) IN GENERAL.—The Secretary, in consulta14 tion with the governors of the States in the South15 west border region, shall establish a 2-year grant 

16 program, to be administered by the Secretary, to im17 prove emergency communications in the Southwest 

18 border region. 

19 (2) ELIGIBILITY FOR GRANTS.—An individual 

20 is eligible to receive a grant under this subsection if 

21 the individual demonstrates that he or she— 

22 (A) regularly resides or works in the 

23 Southwest border region; 

24 (B) is at greater risk of border violence 

25 due to the lack of cellular service at his or her 


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1 residence or business and his or her proximity 

2 to the Southern border. 

3 (3) USE OF GRANTS.—Grants awarded under 

4 this subsection may be used to purchase satellite 

5 telephone communications systems and service 

6 that— 

7 (A) can provide access to 9–1–1 service; 

8 and 

9 (B) are equipped with global positioning 

10 systems. 

11 (4) AUTHORIZATION OF APPROPRIATIONS.— 

12 There is authorized to be appropriated such sums as 

13 may be necessary to carry out the grant program es14 tablished under this subsection. 

15 (b) INTEROPERABLE COMMUNICATIONS FOR LAW

16 ENFORCEMENT.— 

17 (1) FEDERAL LAW ENFORCEMENT.—There are 

18 authorized to be appropriated, to the Department, 

19 the Department of Justice, and the Department of 

20 the Interior, during the 5-year period beginning on 

21 the date of the enactment of this Act, such sums as 

22 may be necessary— 

23 (A) to purchase, through a competitive 

24 procurement process, P25-compliant radios, 

25 which may include a multi-band option, for 


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1 Federal law enforcement agents working in the 

2 Southwest border region in support of the ac3 tivities of U.S. Customs and Border Protection 

4 and U.S. Immigration and Customs Enforce5 ment, including law enforcement agents of the 

6 Drug Enforcement Administration, the Bureau 

7 of Alcohol, Tobacco, Firearms and Explosives, 

8 the Department of the Interior, and the Forest 

9 Service; and 

10 (B) to upgrade, through a competitive pro11 curement process, the communications network 

12 of the Department of Justice to ensure coverage 

13 and capacity, particularly when immediate ac14 cess is needed in times of crisis, in the South15 west Border region for appropriate law enforce16 ment personnel of the Department of Justice 

17 (including the Drug Enforcement Administra18 tion and the Bureau of Alcohol, Tobacco, Fire19 arms and Explosives), the Department (includ20 ing U.S. Immigration and Customs Enforce21 ment and U.S. Customs and Border Protec22 tion), the United States Marshals Service, other 

23 Federal agencies, the State of Arizona, tribes, 

24 and local governments. 

25 (2) STATE AND LOCAL LAW ENFORCEMENT.— 


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1 (A) AUTHORIZATION OF APPROPRIA2 TIONS.—There is authorized to be appropriated 

3 to the Department of Justice, during the 5-year 

4 period beginning on the date of the enactment 

5 of this Act, such sums as may be necessary to 

6 purchase, through a competitive procurement 

7 process, P25-compliant radios, which may in8 clude a multi-band option, for State and local 

9 law enforcement agents working in the South10 west border region. 

11 (B) ACCESS TO FEDERAL SPECTRUM.—If 

12 a State, tribal, or local law enforcement agency 

13 in the Southwest border region experiences an 

14 emergency situation that necessitates immediate 

15 communication with the Department of Justice, 

16 the Department, the Department of the Inte17 rior, or any of their respective subagencies, 

18 such law enforcement agency shall have access 

19 to the spectrum assigned to such Federal agen20 cy for the duration of such emergency situation. 

21 SEC. 1108. SOUTHWEST BORDER REGION PROSECUTION 

22 INITIATIVE. 

23 (a) REIMBURSEMENT TO STATE AND LOCAL PROS24 ECUTORS FOR FEDERALLY INITIATED CRIMINAL

25 CASES.—The Attorney General shall reimburse State, 


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1 county, tribal, and municipal governments for costs associ2 ated with the prosecution, pretrial services and detention, 

3 clerical support, and public defenders’ services associated 

4 with the prosecution of federally initiated immigration-re5 lated criminal cases declined by local offices of the United 

6 States Attorneys. 

7 (b) EXCEPTION.—Reimbursement under subsection 

8 (a) shall not be available, at the discretion of the Attorney 

9 General, if the Attorney General determines that there is 

10 reason to believe that the jurisdiction seeking reimburse11 ment has engaged in unlawful conduct in connection with 

12 immigration-related apprehensions. 

13 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated such sums as may be nec15 essary to carry out subsection (a) during fiscal years 2014 

16 through 2018. 

17 SEC. 1109. INTERAGENCY COLLABORATION. 

18 The Assistant Secretary of Defense for Research and 

19 Engineering shall collaborate with the Under Secretary of 

20 Homeland Security for Science and Technology to identify 

21 equipment and technology used by the Department of De22 fense that could be used by U.S. Customs and Border Pro23 tection to improve the security of the Southern border 

24 by— 

25 (1) detecting border tunnels; 


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1 (2) detecting the use of ultralight aircraft; 

2 (3) enhancing wide aerial surveillance; and 

3 (4) otherwise improving the enforcement of 

4 such border. 

5 SEC. 1110. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM. 

6 (a) SCAAP REAUTHORIZATION.—Section 

7 241(i)(5)(C) (8 U.S.C. 1231(i)(5)) is amended by striking 

8 ‘‘2011.’’ and inserting ‘‘2015.’’. 

9 (b) SCAAP ASSISTANCE FOR STATES.— 

10 (1) ASSISTANCE FOR STATES INCARCERATING

11 UNDOCUMENTED ALIENS CHARGED WITH CERTAIN

12 CRIMES.—Section 241(i)(3)(A) (8 U.S.C. 

13 1231(i)(3)(A)) is amended by inserting ‘‘charged 

14 with or’’ before ‘‘convicted’’. 

15 (2) ASSISTANCE FOR STATES INCARCERATING

16 UNVERIFIED ALIENS.—Section 241(i) (8 U.S.C. 

17 1231(i)), as amended by subsection (a), is further 

18 amended— 

19 (A) by redesignating paragraphs (4), (5), 

20 and (6), as paragraphs (5), (6), and (7), re21 spectively; 

22 (B) in paragraph (7), as so redesignated, 

23 by striking ‘‘(5)’’ and inserting ‘‘(6)’’; and 

24 (C) by adding after paragraph (3) the fol25 lowing: 


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1 ‘‘(4) In the case of an alien whose immigration 

2 status is unable to be verified by the Secretary of 

3 Homeland Security, and who would otherwise be an 

4 undocumented criminal alien if the alien is unlaw5 fully present in the United States, the Attorney Gen6 eral shall compensate the State or political subdivi7 sion of the State for incarceration of the alien, con8 sistent with subsection (i)(2).’’. 

9 SEC. 1111. USE OF FORCE. 

10 Not later than 180 days after the date of the enact11 ment of this Act, the Secretary, in consultation with the 

12 Assistant Attorney General for the Civil Rights Division 

13 of the Department of Justice, shall issue policies gov14 erning the use of force by all Department personnel that— 

15 (1) require all Department personnel to report 

16 each use of force; and 

17 (2) establish procedures for— 

18 (A) accepting and investigating complaints 

19 regarding the use of force by Department per20 sonnel; 

21 (B) disciplining Department personnel who 

22 violate any law or Department policy relating to 

23 the use of force; and 


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1 (C) reviewing all uses of force by Depart2 ment personnel to determine whether the use of 

3 force— 

4 (i) complied with Department policy; 

5 or 

6 (ii) demonstrates the need for changes 

7 in policy, training, or equipment. 

8 SEC. 1112. TRAINING FOR BORDER SECURITY AND IMMI9 GRATION ENFORCEMENT OFFICERS. 

10 (a) IN GENERAL.—The Secretary shall ensure that 

11 U.S. Customs and Border Protection officers, U.S. Border 

12 Patrol agents, U.S. Immigration and Customs Enforce13 ment officers and agents, United States Air and Marine 

14 Division agents, and agriculture specialists stationed with15 in 100 miles of any land or marine border of the United 

16 States or at any United States port of entry receive appro17 priate training, which shall be prepared in collaboration 

18 with the Assistant Attorney General for the Civil Rights 

19 Division of the Department of Justice, in— 

20 (1) identifying and detecting fraudulent travel 

21 documents; 

22 (2) civil, constitutional, human, and privacy 

23 rights of individuals; 


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1 (3) the scope of enforcement authorities, includ2 ing interrogations, stops, searches, seizures, arrests, 

3 and detentions; 

4 (4) the use of force policies issued by the Sec5 retary pursuant to section 1111; 

6 (5) immigration laws, including screening, iden7 tifying, and addressing vulnerable populations, such 

8 as children, victims of crime and human trafficking, 

9 and individuals fleeing persecution or torture; 

10 (6) social and cultural sensitivity toward border 

11 communities; 

12 (7) the impact of border operations on commu13 nities; and 

14 (8) any particular environmental concerns in a 

15 particular area. 

16 (b) TRAINING FOR BORDER COMMUNITY LIAISON

17 OFFICERS.—The Secretary shall ensure that border com18 munities liaison officers in Border Patrol sectors along the 

19 international borders between the United States and Mex20 ico and between the United States and Canada receive 

21 training to better— 

22 (1) act as a liaison between border communities 

23 and the Office for Civil Rights and Civil Liberties of 

24 the Department and the Civil Rights Division of the 

25 Department of Justice; 


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1 (2) foster and institutionalize consultation with 

2 border communities; 

3 (3) consult with border communities on Depart4 ment programs, policies, strategies, and directives; 

5 and 

6 (4) receive Department performance assess7 ments from border communities. 

8 (c) HUMANE CONDITIONS OF CONFINEMENT FOR

9 CHILDREN IN U.S. CUSTOMS AND BORDER PROTECTION

10 CUSTODY.—Not later than 90 days after the date of the 

11 enactment of this Act, the Secretary shall establish stand12 ards to ensure that children in the custody of U.S. Cus13 toms and Border Protection— 

14 (1) are afforded adequate medical and mental 

15 health care, including emergency medical and mental 

16 health care, when necessary; 

17 (2) receive adequate nutrition; 

18 (3) are provided with climate-appropriate cloth19 ing, footwear, and bedding; 

20 (4) have basic personal hygiene and sanitary 

21 products; and 

22 (5) are permitted to make supervised phone 

23 calls to family members. 


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1 SEC. 1113. DEPARTMENT OF HOMELAND SECURITY BOR2 DER OVERSIGHT TASK FORCE. 

3 (a) ESTABLISHMENT.— 

4 (1) IN GENERAL.—There is established an inde5 pendent task force, which shall be known as the De6 partment of Homeland Security Border Oversight 

7 Task Force (referred to in this section as the ‘‘DHS 

8 Task Force’’). 

9 (2) DUTIES.—The DHS Task Force shall— 

10 (A) review and make recommendations re11 garding immigration and border enforcement 

12 policies, strategies, and programs that take into 

13 consideration their impact on border and tribal 

14 communities; 

15 (B) recommend ways in which the Border 

16 Communities Liaison Offices can strengthen re17 lations and collaboration between communities 

18 in the border regions and the Department, the 

19 Department of Justice, and other Federal agen20 cies that carry out such policies, strategies, and 

21 programs; 

22 (C) evaluate how the policies, strategies, 

23 and programs of Federal agencies operating 

24 along the international borders between the 

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1 ess, civil, and human rights of border residents, 

2 visitors, and migrants at and near such borders; 

3 and 

4 (D) evaluate and make recommendations 

5 regarding the training of border enforcement 

6 personnel described in section 1112. 

7 (3) MEMBERSHIP.— 

8 (A) IN GENERAL.—The DHS Task Force 

9 shall be composed of 33 members, appointed by 

10 the President, who have expertise in migration, 

11 local crime indices, civil and human rights, 

12 community relations, cross-border trade and 

13 commerce, quality of life indicators, or other 

14 pertinent experience, of whom— 

15 (i) 14 members shall be from the 

16 Northern border region and shall include— 

17 (I) 2 local government elected of18 ficials; 

19 (II) 2 local law enforcement offi20 cials; 

21 (III) 2 tribal government offi22 cials; 

23 (IV) 2 civil rights advocates; 

24 (V) 1 business representative; 


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1 (VI) 1 higher education rep2 resentative; 

3 (VII) 1 private land owner rep4 resentative; 

5 (VIII) 1 representative of a faith 

6 community; and 

7 (IX) 2 representatives of U.S. 

8 Border Patrol; and 

9 (ii) 19 members shall be from the 

10 Southern border region and include— 

11 (I) 3 local government elected of12 ficials; 

13 (II) 3 local law enforcement offi14 cials; 

15 (III) 2 tribal government offi16 cials; 

17 (IV) 3 civil rights advocates; 

18 (V) 2 business representatives; 

19 (VI) 1 higher education rep20 resentative; 

21 (VII) 2 private land owner rep22 resentatives; 

23 (VIII) 1 representative of a faith 

24 community; and 


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1 (IX) 2 representatives of U.S. 

2 Border Patrol. 

3 (B) TERM OF SERVICE.—Members of the 

4 Task Force shall be appointed for the shorter 

5 of— 

6 (i) 3 years; or 

7 (ii) the life of the DHS Task Force. 

8 (C) CHAIR, VICE CHAIR.—The members of 

9 the DHS Task Force shall elect a Chair and a 

10 Vice Chair from among its members, who shall 

11 serve in such capacities for the life of the DHS 

12 Task Force or until removed by the majority 

13 vote of at least 16 members. 

14 (b) OPERATIONS.— 

15 (1) HEARINGS.—The DHS Task Force may, 

16 for the purpose of carrying out its duties, hold hear17 ings, sit and act, take testimony, receive evidence, 

18 and administer oaths. 

19 (2) RECOMMENDATIONS.—The DHS Task 

20 Force may make findings or recommendations to the 

21 Secretary related to the duties described in sub22 section (a)(2). 

23 (3) RESPONSE.—Not later than 180 days after 

24 receiving the findings and recommendations from 

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1 retary shall issue a response that describes how the 

2 Department has addressed, or will address, such 

3 findings and recommendations. If the Secretary dis4 agrees with any finding of the DHS Task Force, the 

5 Secretary shall provide an explanation for the dis6 agreement. 

7 (4) INFORMATION FROM FEDERAL AGENCIES.— 

8 The Chair, or 16 members of the DHS Task Force, 

9 may request statistics relating to the duties de10 scribed in subsection (a)(2) directly from any Fed11 eral agency, which shall, to the extent authorized by 

12 law, furnish such information, suggestions, esti13 mates, and statistics directly to the DHS Task 

14 Force. 

15 (5) COMPENSATION.—Members of the DHS 

16 Task Force shall serve without pay, but shall be re17 imbursed for reasonable travel and subsistence ex18 penses incurred in the performance of their duties. 

19 (c) REPORT.—Not later than 2 years after its first 

20 meeting, the DHS Task Force shall submit a final report 

21 to the President, Congress, and the Secretary that con22 tains— 

23 (1) findings with respect to the duties of the 

24 DHS Task Force; and 


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1 (2) recommendations regarding border and im2 migration enforcement policies, strategies, and pro3 grams, including— 

4 (A) a recommendation as to whether the 

5 DHS Task Force should continue to operate; 

6 and 

7 (B) a description of any duties for which 

8 the DHS Task Force should be responsible 

9 after the termination date described in sub10 section (e). 

11 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated such sums as may be 

13 necessary to carry out this section for each of the fiscal 

14 years 2014 through 2017. 

15 (e) SUNSET.—The DHS Task Force shall terminate 

16 operations 60 days after the date on which the DHS Task 

17 Force submits the report described in subsection (c). 

18 SEC. 1114. OMBUDSMAN FOR IMMIGRATION RELATED CON19 CERNS OF THE DEPARTMENT OF HOMELAND 

20 SECURITY. 

21 (a) ESTABLISHMENT.—Title I of the Homeland Se22 curity Act of 2002 (6 U.S.C. 111 et seq.) is amended by 

23 adding at the end the following new section: 


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1 ‘‘SEC. 104. OMBUDSMAN FOR IMMIGRATION RELATED CON2 CERNS. 

3 ‘‘(a) IN GENERAL.—There shall be within the De4 partment an Ombudsman for Immigration Related Con5 cerns (in this section referred to as the ‘Ombudsman’). 

6 The individual appointed as Ombudsman shall have a 

7 background in immigration law as well as civil and human 

8 rights law. The Ombudsman shall report directly to the 

9 Deputy Secretary. 

10 ‘‘(b) FUNCTIONS.—The functions of the Ombudsman 

11 shall be as follows: 

12 ‘‘(1) To receive and resolve complaints from in13 dividuals and employers and assist in resolving prob14 lems with the immigration components of the De15 partment. 

16 ‘‘(2) To conduct inspections of the facilities or 

17 contract facilities of the immigration components of 

18 the Department. 

19 ‘‘(3) To assist individuals and families who 

20 have been the victims of crimes committed by aliens 

21 or violence near the United States border. 

22 ‘‘(4) To identify areas in which individuals and 

23 employers have problems in dealing with the immi24 gration components of the Department. 

25 ‘‘(5) To the extent practicable, to propose 

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1 gration components of the Department to mitigate 

2 problems identified under paragraph (4). 

3 ‘‘(6) To review, examine, and make rec4 ommendations regarding the immigration and en5 forcement policies, strategies, and programs of U.S. 

6 Customs and Border Protection, U.S. Immigration 

7 and Customs Enforcement, and U.S. Citizenship and 

8 Immigration Services. 

9 ‘‘(c) OTHER RESPONSIBILITIES.—In addition to the 

10 functions specified in subsection (b), the Ombudsman 

11 shall— 

12 ‘‘(1) monitor the coverage and geographic allo13 cation of local offices of the Ombudsman, including 

14 appointing a local ombudsman for immigration re15 lated concerns; and 

16 ‘‘(2) evaluate and take personnel actions (in17 cluding dismissal) with respect to any employee of 

18 the Ombudsman. 

19 ‘‘(d) REQUEST FOR INVESTIGATIONS.—The Ombuds20 man shall have the authority to request the Inspector Gen21 eral of the Department of Homeland Security to conduct 

22 inspections, investigations, and audits. 

23 ‘‘(e) COORDINATION WITH DEPARTMENT COMPO24 NENTS.—The Director of U.S. Citizenship and Immigra25 tion Services, the Assistant Secretary of Immigration and 


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1 Customs Enforcement, and the Commissioner of Customs 

2 and Border Protection shall each establish procedures to 

3 provide formal responses to recommendations submitted 

4 to such official by the Ombudsman. 

5 ‘‘(f) ANNUAL REPORTS.—Not later than June 30 of 

6 each year, the Ombudsman shall submit a report to the 

7 Committee on the Judiciary of the Senate and the Com8 mittee on the Judiciary of the House of Representatives 

9 on the objectives of the Ombudsman for the fiscal year 

10 beginning in such calendar year. Each report shall contain 

11 full and substantive analysis, in addition to statistical in12 formation, and shall set forth any recommendations the 

13 Ombudsman has made on improving the services and re14 sponsiveness of U.S. Citizenship and Immigration Serv15 ices, U.S. Immigration and Customs Enforcement, and 

16 U.S. Customs and Border Protection and any responses 

17 received from the Department regarding such rec18 ommendations.’’. 

19 (b) REPEAL OF SUPERSEDED AUTHORITY.—Section 

20 452 of the Homeland Security Act of 2002 (6 U.S.C. 272) 

21 is repealed. 

22 (c) CLERICAL AMENDMENTS.—The table of contents 

23 for the Homeland Security Act of 2002 is amended— 

24 (1) by inserting after the item relating to sec25 tion 103 the following new item: 

‘‘Sec. 104. Ombudsman for Immigration Related Concerns.’’; 


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1 and 

2 (2) by striking the item relating to section 452. 

3 SEC. 1115. PROTECTION OF FAMILY VALUES IN APPREHEN4 SION PROGRAMS. 

5 (a) DEFINITIONS.—In this section: 

6 (1) APPREHENDED INDIVIDUAL.—The term 

7 ‘‘apprehended individual’’ means an individual ap8 prehended by personnel of the Department of Home9 land Security or of a cooperating entity pursuant to 

10 a migration deterrence program carried out at a bor11 der. 

12 (2) BORDER.—The term ‘‘border’’ means an 

13 international border of the United States. 

14 (3) CHILD.—Except as otherwise specifically 

15 provided, the term ‘‘child’’ has the meaning given to 

16 the term in section 101(b)(1) of the Immigration 

17 and Nationality Act (8 U.S.C. 1101(b)(1)). 

18 (4) COOPERATING ENTITY.—The term ‘‘cooper19 ating entity’’ means a State or local entity acting 

20 pursuant to an agreement with the Secretary. 

21 (5) MIGRATION DETERRENCE PROGRAM.—The 

22 term ‘‘migration deterrence program’’ means an ac23 tion related to the repatriation or referral for pros24 ecution of 1 or more apprehended individuals for a 

25 suspected or confirmed violation of the Immigration 


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1 and Nationality Act (8 U.S.C. 1001 et seq.) by the 

2 Secretary or a cooperating entity. 

3 (b) PROCEDURES FOR MIGRATION DETERRENCE

4 PROGRAMS AT THE BORDER.— 

5 (1) PROCEDURES.—In any migration deterrence 

6 program carried out at a border, the Secretary and 

7 cooperating entities shall for each apprehended indi8 vidual— 

9 (A) as soon as practicable after such indi10 vidual is apprehended— 

11 (i) inquire as to whether the appre12 hended individual is— 

13 (I) a parent, legal guardian, or 

14 primary caregiver of a child; or 

15 (II) traveling with a spouse or 

16 child; and 

17 (ii) ascertain whether repatriation of 

18 the apprehended individual presents any 

19 humanitarian concern or concern related to 

20 such individual’s physical safety; and 

21 (B) ensure that, with respect to a decision 

22 related to the repatriation or referral for pros23 ecution of the apprehended individual, due con24 sideration is given— 


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1 (i) to the best interests of such indi2 vidual’s child, if any; 

3 (ii) to family unity whenever possible; 

4 and 

5 (iii) to other public interest factors, 

6 including humanitarian concerns and con7 cerns related to the apprehended individ8 ual’s physical safety. 

9 (c) MANDATORY TRAINING.—The Secretary, in con10 sultation with the Secretary of Health and Human Serv11 ices, the Attorney General, the Secretary of State, and 

12 independent immigration, child welfare, family law, and 

13 human rights law experts, shall— 

14 (1) develop and provide specialized training for 

15 all personnel of U.S. Customs and Border Protection 

16 and cooperating entities who come into contact with 

17 apprehended individuals in all legal authorities, poli18 cies, and procedures relevant to the preservation of 

19 a child’s best interest, family unity, and other public 

20 interest factors, including those described in this 

21 Act; and 

22 (2) require border enforcement personnel to un23 dertake periodic and continuing training on best 

24 practices and changes in relevant legal authorities, 

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1 tion of a child’s best interest, family unity, and other 

2 public interest factors, including those described in 

3 this Act. 

4 (d) ANNUAL REPORT ON THE IMPACT OF MIGRATION

5 DETERRENCE PROGRAMS AT THE BORDER.— 

6 (1) REQUIREMENT FOR ANNUAL REPORT.—Not 

7 later than 1 year after the date of the enactment of 

8 this Act, and annually thereafter, the Secretary shall 

9 submit to Congress a report that describes the im10 pact of migration deterrence programs on parents, 

11 legal guardians, primary caregivers of a child, indi12 viduals traveling with a spouse or child, and individ13 uals who present humanitarian considerations or 

14 concerns related to the individual’s physical safety. 

15 (2) CONTENTS.—Each report submitted under 

16 paragraph (1) shall include for the previous 1-year 

17 period an assessment of— 

18 (A) the number of apprehended individuals 

19 removed, repatriated, or referred for prosecu20 tion who are the parent, legal guardian, or pri21 mary caregiver of a child who is a citizen of the 

22 United States; 

23 (B) the number of occasions in which both 

24 parents, or the primary caretaker of such a 

25 child was removed, repatriated, or referred for 


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1 prosecution as part of a migration deterrence 

2 program; 

3 (C) the number of apprehended individuals 

4 traveling with close family members who are re5 moved, repatriated, or referred for prosecution. 

6 (D) the impact of migration deterrence 

7 programs on public interest factors, including 

8 humanitarian concerns and physical safety. 

9 (e) REGULATIONS.—Not later than 120 days after 

10 the date of the enactment of this Act, the Secretary shall 

11 promulgate regulations to implement this section. 

12 SEC. 1116. REPORTS. 

13 (a) REPORT ON CERTAIN BORDER MATTERS.—The 

14 Secretary shall submit a report to the Committee on 

15 Homeland Security and Governmental Affairs of the Sen16 ate, the Committee on Homeland Security of the House 

17 of Representatives, the Committee on the Judiciary of the 

18 Senate, and the Committee on the Judiciary of the House 

19 of Representatives that sets forth— 

20 (1) the effectiveness rate (as defined in section 

21 2(a)(4)) for each Border Patrol sector along the 

22 Northern border and the Southern border; 

23 (2) the number of miles along the Southern 

24 border that are under persistent surveillance; 


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1 (3) the monthly wait times per passenger, in2 cluding data on averages and peaks, for crossing the 

3 Northern border and the Southern border, and the 

4 staffing of such border crossings; and 

5 (4) the allocations at each port of entry along 

6 the Northern border and the Southern border. 

7 (b) REPORT ON INTERAGENCY COLLABORATION.— 

8 The Under Secretary of Defense for Acquisition, Tech9 nology, and Logistics and the Under Secretary of Home10 land Security for Science and Technology shall jointly sub11 mit a report on the results of the interagency collaboration 

12 under section 1109 to— 

13 (1) the Committee on Armed Services of the 

14 Senate; 

15 (2) the Committee on Homeland Security and 

16 Governmental Affairs of the Senate; 

17 (3) the Committee on the Judiciary of the Sen18 ate; 

19 (4) the Committee on Armed Services of the 

20 House of Representatives; 

21 (5) the Committee on Homeland Security of the 

22 House of Representatives; and 

23 (6) the Committee on the Judiciary of the 

24 House of Representatives. 


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1 SEC. 1117. SEVERABILITY AND DELEGATION. 

2 (a) SEVERABILITY.—If any provision of this Act or 

3 any amendment made by this Act, or any application of 

4 such provision or amendment to any person or cir5 cumstance, is held to be unconstitutional, the remainder 

6 of the provisions of this Act and the amendments made 

7 by this Act and the application of the provision or amend8 ment to any other person or circumstance shall not be af9 fected. 

10 (b) DELEGATION.—The Secretary may delegate any 

11 authority provided to the Secretary under this Act or an 

12 amendment made by this Act to the Secretary of Agri13 culture, the Attorney General, the Secretary of Defense, 

14 the Secretary of Health and Human Services, the Sec15 retary of State, or the Commissioner of Social Security. 

16 SEC. 1118. PROHIBITION ON LAND BORDER CROSSING 

17 FEES. 

18 The Secretary shall not establish, collect, or otherwise 

19 impose a border crossing fee for pedestrians or passenger 

20 vehicles at land ports of entry along the Southern border 

21 or the Northern border, nor conduct any study relating 

22 to the imposition of such a fee. 

23 SEC. 1119. HUMAN TRAFFICKING REPORTING. 

24 (a) SHORT TITLE.—This section may be cited as the 

25 ‘‘Human Trafficking Reporting Act of 2013’’. 

26 (b) FINDINGS.—Congress finds the following: 


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1 (1) Human trafficking is a form of modern-day 

2 slavery. 

3 (2) According to the Trafficking Victims Pro4 tection Act of 2000 ‘‘severe forms of trafficking in 

5 persons’’ means— 

6 (A) sex trafficking in which a commercial 

7 sex act is induced by force, fraud, or coercion, 

8 or in which the person induced to perform such 

9 act has not attained 18 years of age; or 

10 (B) the recruitment, harboring, transpor11 tation, provision, or obtaining of a person for 

12 labor or services, through the use of force, 

13 fraud, or coercion for the purpose of subjection 

14 to involuntary servitude, peonage, debt bondage, 

15 or slavery. 

16 (3) There is an acute need for better data col17 lection of incidents of human trafficking across the 

18 United States in order to effectively combat severe 

19 forms of trafficking in persons. 

20 (4) The State Department’s 2012 Trafficking 

21 in Persons report found that— 

22 (A) the United States is a ‘‘source, transit 

23 and destination country for men, women, and 

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1 age, domestic servitude and sex trafficking,’’; 

2 and 

3 (B) the United States needs to ‘‘improve 

4 data collection on human trafficking cases at 

5 the federal, state and local levels’’. 

6 (5) The International Organization for Migra7 tion has reported that in order to effectively combat 

8 human trafficking there must be reliable and stand9 ardized data, however, the following barriers for 

10 data collection exist: 

11 (A) The illicit and underground nature of 

12 human trafficking. 

13 (B) The reluctance of victims to share in14 formation with authorities. 

15 (C) Insufficient human trafficking data 

16 collection and research efforts by governments 

17 worldwide. 

18 (6) A 2009 report to the Department of Health 

19 and Human Services entitled Human Trafficking 

20 Into and Within the United States: A Review of the 

21 Literature found that ‘‘the data and methodologies 

22 for estimating the prevalence of human trafficking 

23 globally and nationally are not well developed, and 

24 therefore estimates have varied widely and changed 

25 significantly over time’’. 


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1 (7) The Federal Bureau of Investigation com2 piles national crime statistics through the Uniform 

3 Crime Reporting Program. 

4 (8) Under current law, State and local govern5 ments receiving Edward Byrne Memorial Justice As6 sistance grants are required to share data on part 

7 1 violent crimes with the Federal Bureau of Inves8 tigation for inclusion in the Uniform Crime Report9 ing Program. 

10 (9) The addition of severe forms of trafficking 

11 in persons to the definition of part 1 violent crimes 

12 will ensure that statistics on this heinous crime will 

13 be compiled and available through the Federal Bu14 reau of Investigation’s Uniform Crime Report. 

15 (c) HUMAN TRAFFICKING TO BE INCLUDED IN PART

16 1 VIOLENT CRIMES FOR PURPOSES OF BYRNE GRANTS.— 

17 Section 505 of the Omnibus Crime Control and Safe 

18 Streets Act of 1968 (42 U.S.C. 3755) is amended by add19 ing at the end the following new subsection: 

20 ‘‘(i) PART 1 VIOLENT CRIMES TO INCLUDE HUMAN

21 TRAFFICKING.—For purposes of this section, the term 

22 ‘part 1 violent crimes’ shall include severe forms of traf23 ficking in persons, as defined in section 103(8) of the 

24 Trafficking Victims Protection Act of 2000 (22 U.S.C. 

25 7102(8)).’’. 


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1 SEC. 1120. RULE OF CONSTRUCTION. 

2 Nothing in this Act may be construed to authorize 

3 the deployment, procurement, or construction of fencing 

4 along the Northern border. 

5 SEC. 1121. LIMITATIONS ON DANGEROUS DEPORTATION 

6 PRACTICES. 

7 (a) CERTIFICATION REQUIRED.— 

8 (1) IN GENERAL.—Not later than 1 year after 

9 the date of the enactment of this Act, and every 180 

10 days thereafter, the Secretary, except as provided in 

11 paragraph (2), shall submit written certification to 

12 Congress that the Department has only deported or 

13 otherwise removed a migrant from the United States 

14 through an entry or exit point on the Southern bor15 der during daylight hours. 

16 (2) EXCEPTION.—The certification required 

17 under paragraph (1) shall not apply to the deporta18 tion or removal of a migrant otherwise described in 

19 that paragraph if— 

20 (A) the manner of the deportation or re21 moval is justified by a compelling governmental 

22 interest; 

23 (B) the manner of the deportation or re24 moval is in accordance with an applicable Local 

25 Arrangement for the Repatriation of Mexican 


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1 Nationals entered into by the appropriate Mexi2 can Consulate; or 

3 (C) the migrant is not an unaccompanied 

4 minor and the migrant— 

5 (i) is deported or removed through an 

6 entry or exit point in the same sector as 

7 the place where the migrant was appre8 hended; or 

9 (ii) agrees to be deported or removed 

10 in such manner after being notified of the 

11 intended manner of deportation or re12 moval. 

13 (b) ADDITIONAL INFORMATION REQUIRED.—Not 

14 later than 1 year after the date of the enactment of this 

15 Act, the Secretary shall submit to Congress a study of the 

16 Alien Transfer Exit Program, which shall include— 

17 (1) the specific locations on the Southern bor18 der where lateral repatriations have occurred during 

19 the 1-year period preceding the submission of the 

20 study; 

21 (2) the performance measures developed by 

22 U.S. Customs and Border Protection to determine if 

23 the Alien Transfer Exit Program is deterring mi24 grants from repeatedly crossing the border or other25 wise reducing recidivism; and 


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1 (3) the consideration given, if any, to the rates 

2 of violent crime and the availability of infrastructure 

3 and social services in Mexico near such locations. 

4 (c) PROHIBITION ON CONFISCATION OF PROP5 ERTY.—Notwithstanding any other provision of law, law6 ful, nonperishable belongings of a migrant that are con7 fiscated by personnel operating under Federal authority 

8 shall be returned to the migrant before repatriation, to 

9 the extent practicable. 

10 SEC. 1122. MAXIMUM ALLOWABLE COSTS OF SALARIES OF 

11 CONTRACTOR EMPLOYEES. 

12 Section 4304(a)(16) of title 41, United States Code, 

13 is amended by inserting before the period at the end the 

14 following: ‘‘, except that in the case of contracts with the 

15 Department of Homeland Security or the National Guard 

16 while operating in Federal status that relate to border se17 curity, the limit on the costs of compensation of all execu18 tives and employees of contractors is the annual amount 

19 payable under the aggregate limitation on pay as estab20 lished by the Office of Management and Budget (currently 

21 $230,700)’’. 


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1 TITLE II—IMMIGRANT VISAS 

2 Subtitle A—Registration and Ad3 justment of Registered Provi4 sional Immigrants 

5 SEC. 2101. REGISTERED PROVISIONAL IMMIGRANT STATUS. 

6 (a) AUTHORIZATION.—Chapter 5 of title II (8 U.S.C. 

7 1255 et seq.) is amended by inserting after section 245A 

8 the following: 

9 ‘‘SEC. 245B. ADJUSTMENT OF STATUS OF ELIGIBLE EN10 TRANTS BEFORE DECEMBER 31, 2011, TO 

11 THAT OF REGISTERED PROVISIONAL IMMI12 GRANT. 

13 ‘‘(a) IN GENERAL.—Notwithstanding any other pro14 vision of law, the Secretary of Homeland Security (re15 ferred to in this section and in sections 245C through 

16 245F as the ‘Secretary’), after conducting the national se17 curity and law enforcement clearances required under sub18 section (c)(8), may grant registered provisional immigrant 

19 status to an alien who— 

20 ‘‘(1) meets the eligibility requirements set forth 

21 in subsection (b); 

22 ‘‘(2) submits a completed application before the 

23 end of the period set forth in subsection (c)(3); and 


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1 ‘‘(3) has paid the fee required under subsection 

2 (c)(10)(A) and the penalty required under sub3 section (c)(10)(C), if applicable. 

4 ‘‘(b) ELIGIBILITY REQUIREMENTS.— 

5 ‘‘(1) IN GENERAL.—An alien is not eligible for 

6 registered provisional immigrant status unless the 

7 alien establishes, by a preponderance of the evidence, 

8 that the alien meets the requirements set forth in 

9 this subsection. 

10 ‘‘(2) PHYSICAL PRESENCE.— 

11 ‘‘(A) IN GENERAL.—The alien— 

12 ‘‘(i) shall be physically present in the 

13 United States on the date on which the 

14 alien submits an application for registered 

15 provisional immigrant status; 

16 ‘‘(ii) shall have been physically 

17 present in the United States on or before 

18 December 31, 2011; and 

19 ‘‘(iii) shall have maintained contin20 uous physical presence in the United 

21 States from December 31, 2011, until the 

22 date on which the alien is granted status 

23 as a registered provisional immigrant 

24 under this section. 

25 ‘‘(B) BREAK IN PHYSICAL PRESENCE.— 


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1 ‘‘(i) IN GENERAL.—Except as pro2 vided in clause (ii), an alien who is absent 

3 from the United States without authoriza4 tion after the date of the enactment of the 

5 Border Security, Economic Opportunity, 

6 and Immigration Modernization Act does 

7 not meet the continuous physical presence 

8 requirement set forth in subparagraph 

9 (A)(iii). 

10 ‘‘(ii) EXCEPTION.—An alien who de11 parted from the United States after De12 cember 31, 2011, will not be considered to 

13 have failed to maintain continuous pres14 ence in the United States if the alien’s ab15 sences from the United States are brief, 

16 casual, and innocent whether or not such 

17 absences were authorized by the Secretary. 

18 ‘‘(3) GROUNDS FOR INELIGIBILITY.— 

19 ‘‘(A) IN GENERAL.—Except as provided in 

20 subparagraph (B), an alien is ineligible for reg21 istered provisional immigrant status if the Sec22 retary determines that the alien— 

23 ‘‘(i) has a conviction for— 

24 ‘‘(I) an offense classified as a fel25 ony in the convicting jurisdiction 


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1 (other than a State or local offense 

2 for which an essential element was the 

3 alien’s immigration status, or a viola4 tion of this Act); 

5 ‘‘(II) an aggravated felony (as 

6 defined in section 101(a)(43) at the 

7 time of the conviction); 

8 ‘‘(III) 3 or more misdemeanor of9 fenses (other than minor traffic of10 fenses or State or local offenses for 

11 which an essential element was the 

12 alien’s immigration status, or viola13 tions of this Act) if the alien was con14 victed on different dates for each of 

15 the 3 offenses; 

16 ‘‘(IV) any offense under foreign 

17 law, except for a purely political of18 fense, which, if the offense had been 

19 committed in the United States, 

20 would render the alien inadmissible 

21 under section 212(a) (excluding the 

22 paragraphs set forth in clause (ii)) or 

23 removable under section 237(a), ex24 cept as provided in paragraph (3) of 

25 section 237(a); 


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1 ‘‘(V) unlawful voting (as defined 

2 in section 237(a)(6)); 

3 ‘‘(ii) is inadmissible under section 

4 212(a), except that in determining an 

5 alien’s inadmissibility— 

6 ‘‘(I) paragraphs (4), (5), (7), and 

7 (9)(B) of section 212(a) shall not 

8 apply; 

9 ‘‘(II) subparagraphs (A), (C), 

10 (D), (F), and (G) of section 212(a)(6) 

11 and paragraphs (9)(C) and (10)(B) of 

12 section 212(a) shall not apply unless 

13 based on the act of unlawfully enter14 ing the United States after the date 

15 of the enactment of the Border Secu16 rity, Economic Opportunity, and Im17 migration Modernization Act; and 

18 ‘‘(III) paragraphs (6)(B) and 

19 (9)(A) of section 212(a) shall not 

20 apply unless the relevant conduct 

21 began on or after the date on which 

22 the alien files an application for reg23 istered provisional immigrant status 

24 under this section; 


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1 ‘‘(iii) is an alien who the Secretary 

2 knows or has reasonable grounds to be3 lieve, is engaged in or is likely to engage 

4 after entry in any terrorist activity (as de5 fined in section 212(a)(3)(B)(iv)); or 

6 ‘‘(iv) was, on April 16, 2013— 

7 ‘‘(I) an alien lawfully admitted 

8 for permanent residence; 

9 ‘‘(II) an alien admitted as a ref10 ugee under section 207 or granted 

11 asylum under section 208; or 

12 ‘‘(III) an alien who, according to 

13 the records of the Secretary or the 

14 Secretary of State, is lawfully present 

15 in the United States in any non16 immigrant status (other than an alien 

17 considered to be a nonimmigrant sole18 ly due to the application of section 

19 244(f)(4) or the amendment made by 

20 section 702 of the Consolidated Nat21 ural Resources Act of 2008 (Public 

22 Law 110–229)), notwithstanding any 

23 unauthorized employment or other 

24 violation of nonimmigrant status. 

25 ‘‘(B) WAIVER.— 


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1 ‘‘(i) IN GENERAL.—The Secretary 

2 may waive the application of subparagraph 

3 (A)(i)(III) or any provision of section 

4 212(a) that is not listed in clause (ii) on 

5 behalf of an alien for humanitarian pur6 poses, to ensure family unity, or if such a 

7 waiver is otherwise in the public interest. 

8 Any discretionary authority to waive 

9 grounds of inadmissibility under section 

10 212(a) conferred under any other provision 

11 of this Act shall apply equally to aliens 

12 seeking registered provisional status under 

13 this section. 

14 ‘‘(ii) EXCEPTIONS.—The discretionary 

15 authority under clause (i) may not be used 

16 to waive— 

17 ‘‘(I) subparagraph (B), (C), 

18 (D)(ii), (E), (G), (H), or (I) of section 

19 212(a)(2); 

20 ‘‘(II) section 212(a)(3); 

21 ‘‘(III) subparagraph (A), (C), 

22 (D), or (E) of section 212(a)(10); or 

23 ‘‘(IV) with respect to misrepre24 sentations relating to the application 


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1 for registered provisional immigrant 

2 status, section 212(a)(6)(C)(i). 

3 ‘‘(C) CONVICTION EXPLAINED.—For pur4 poses of this paragraph, the term ‘conviction’ 

5 does not include a judgment that has been ex6 punged, set aside, or the equivalent. 

7 ‘‘(D) RULE OF CONSTRUCTION.—Nothing 

8 in this paragraph may be construed to require 

9 the Secretary to commence removal proceedings 

10 against an alien. 

11 ‘‘(4) APPLICABILITY OF OTHER PROVISIONS.— 

12 Sections 208(d)(6) and 240B(d) shall not apply to 

13 any alien filing an application for registered provi14 sional immigrant status under this section. 

15 ‘‘(5) DEPENDENT SPOUSE AND CHILDREN.— 

16 ‘‘(A) IN GENERAL.—Notwithstanding any 

17 other provision of law, the Secretary may clas18 sify the spouse or child of a registered provi19 sional immigrant as a registered provisional im20 migrant dependent if the spouse or child— 

21 ‘‘(i) was physically present in the 

22 United States on or before December 31, 

23 2012, and has maintained continuous pres24 ence in the United States from that date 

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1 visional immigrant is granted such status, 

2 with the exception of absences from the 

3 United States that are brief, casual, and 

4 innocent, whether or not such absences 

5 were authorized by the Secretary; and 

6 ‘‘(ii) meets all of the eligibility re7 quirements set forth in this subsection, 

8 other than the requirements of clause (ii) 

9 or (iii) of paragraph (2)(A). 

10 ‘‘(B) EFFECT OF TERMINATION OF LEGAL

11 RELATIONSHIP OR DOMESTIC VIOLENCE.—If 

12 the spousal or parental relationship between an 

13 alien who is granted registered provisional im14 migrant status under this section and the 

15 alien’s spouse or child is terminated due to 

16 death or divorce or the spouse or child has been 

17 battered or subjected to extreme cruelty by the 

18 alien (regardless of whether the legal relation19 ship terminates), the spouse or child may apply 

20 for classification as a registered provisional im21 migrant. 

22 ‘‘(C) EFFECT OF DISQUALIFICATION OF

23 PARENT.—Notwithstanding subsection (c)(3), if 

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1 nated or revoked, the husband, wife, or child of 

2 that spouse or parent shall be eligible to apply 

3 for registered provisional immigrant status 

4 independent of the parent or spouse. 

5 ‘‘(c) APPLICATION PROCEDURES.— 

6 ‘‘(1) IN GENERAL.—An alien, or the dependent 

7 spouse or child of such alien, who meets the eligi8 bility requirements set forth in subsection (b) may 

9 apply for status as a registered provisional immi10 grant or a registered provisional immigrant depend11 ent, as applicable, by submitting a completed appli12 cation form to the Secretary during the application 

13 period set forth in paragraph (3), in accordance with 

14 the final rule promulgated by the Secretary under 

15 the Border Security, Economic Opportunity, and 

16 Immigration Modernization Act. An applicant for 

17 registered provisional immigrant status shall be 

18 treated as an applicant for admission. 

19 ‘‘(2) PAYMENT OF TAXES.— 

20 ‘‘(A) IN GENERAL.—An alien may not file 

21 an application for registered provisional immi22 grant status under paragraph (1) unless the ap23 plicant has satisfied any applicable Federal tax 

24 liability. 


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1 ‘‘(B) DEFINITION OF APPLICABLE FED2 ERAL TAX LIABILITY.—In this paragraph, the 

3 term ‘applicable Federal tax liability’ means all 

4 Federal income taxes assessed in accordance 

5 with section 6203 of the Internal Revenue Code 

6 of 1986. 

7 ‘‘(C) DEMONSTRATION OF COMPLIANCE.— 

8 An applicant may demonstrate compliance with 

9 this paragraph by submitting appropriate docu10 mentation, in accordance with regulations pro11 mulgated by the Secretary, in consultation with 

12 the Secretary of the Treasury. 

13 ‘‘(3) APPLICATION PERIOD.— 

14 ‘‘(A) INITIAL PERIOD.—Except as provided 

15 in subparagraph (B), the Secretary may only 

16 accept applications for registered provisional 

17 immigrant status from aliens in the United 

18 States during the 1-year period beginning on 

19 the date on which the final rule is published in 

20 the Federal Register pursuant to paragraph 

21 (1). 

22 ‘‘(B) EXTENSION.—If the Secretary deter23 mines, during the initial period described in 

24 subparagraph (A), that additional time is re25 quired to process applications for registered 


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1 provisional immigrant status or for other good 

2 cause, the Secretary may extend the period for 

3 accepting applications for such status for an 

4 additional 18 months. 

5 ‘‘(4) APPLICATION FORM.— 

6 ‘‘(A) REQUIRED INFORMATION.— 

7 ‘‘(i) IN GENERAL.—The application 

8 form referred to in paragraph (1) shall col9 lect such information as the Secretary de10 termines to be necessary and appropriate, 

11 including, for the purpose of understanding 

12 immigration trends— 

13 ‘‘(I) an explanation of how, when, 

14 and where the alien entered the 

15 United States; 

16 ‘‘(II) the country in which the 

17 alien resided before entering the 

18 United States; and 

19 ‘‘(III) other demographic infor20 mation specified by the Secretary. 

21 ‘‘(ii) PRIVACY PROTECTIONS.—Infor22 mation described in subclauses (I) through 

23 (III) of clause (i), which shall be provided 

24 anonymously by the applicant on the appli25 cation form referred to in paragraph (1), 


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1 shall be subject to the same confidentiality 

2 provisions as those set forth in section 9 of 

3 title 13, United States Code. 

4 ‘‘(iii) REPORT.—The Secretary shall 

5 submit a report to Congress that contains 

6 a summary of the statistical data about 

7 immigration trends collected pursuant to 

8 clause (i). 

9 ‘‘(B) FAMILY APPLICATION.—The Sec10 retary shall establish a process through which 

11 an alien may submit a single application under 

12 this section on behalf of the alien, his or her 

13 spouse, and his or her children who are residing 

14 in the United States. 

15 ‘‘(C) INTERVIEW.—The Secretary may 

16 interview applicants for registered provisional 

17 immigrant status under this section to deter18 mine whether they meet the eligibility require19 ments set forth in subsection (b). 

20 ‘‘(5) ALIENS APPREHENDED BEFORE OR DUR21 ING THE APPLICATION PERIOD.—If an alien who is 

22 apprehended during the period beginning on the 

23 date of the enactment of the Border Security, Eco24 nomic Opportunity, and Immigration Modernization 

25 Act and the end of the application period described 


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1 in paragraph (3) appears prima facie eligible for 

2 registered provisional immigrant status, to the satis3 faction of the Secretary, the Secretary— 

4 ‘‘(A) shall provide the alien with a reason5 able opportunity to file an application under 

6 this section during such application period; and 

7 ‘‘(B) may not remove the individual until 

8 a final administrative determination is made on 

9 the application. 

10 ‘‘(6) ELIGIBILITY AFTER DEPARTURE.— 

11 ‘‘(A) IN GENERAL.—An alien who departed 

12 from the United States while subject to an 

13 order of exclusion, deportation, or removal, or 

14 pursuant to an order of voluntary departure 

15 and who is outside of the United States, or who 

16 has reentered the United States illegally after 

17 December 31, 2011 without receiving the Sec18 retary’s consent to reapply for admission under 

19 section 212(a)(9), shall not be eligible to file an 

20 application for registered provisional immigrant 

21 status. 

22 ‘‘(B) WAIVER.—The Secretary, in the Sec23 retary’s sole and unreviewable discretion, sub24 ject to subparagraph (D), may waive the appliVerDate Mar 15 2010 00:25 Oct 04, 2013 Jkt 039200 PO 00000 Frm 00144 Fmt 6652 Sfmt 6201 E:\BILLS\H15.IH H15

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1 cation of subparagraph (A) on behalf of an 

2 alien if the alien— 

3 ‘‘(i) is the spouse or child of a United 

4 States citizen or lawful permanent resi5 dent; 

6 ‘‘(ii) is the parent of a child who is a 

7 United States citizen or lawful permanent 

8 resident; 

9 ‘‘(iii) meets the requirements set forth 

10 in clauses (ii) and (iii) of section 

11 245D(b)(1)(A); or 

12 ‘‘(iv) meets the requirements set forth 

13 in section 245D(b)(1)(A)(ii), is 16 years or 

14 older on the date on which the alien ap15 plies for registered provisional immigrant 

16 status, and was physically present in the 

17 United States for an aggregate period of 

18 not less than 3 years during the 6-year pe19 riod immediately preceding the date of the 

20 enactment of the Border Security, Eco21 nomic Opportunity, and Immigration Mod22 ernization Act. 

23 ‘‘(C) ELIGIBILITY.—Subject to subpara24 graph (D) and notwithstanding subsection 

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1 clusion, deportation, or removal, an alien de2 scribed in subparagraph (B) who is otherwise 

3 eligible for registered provisional immigrant sta4 tus may file an application for such status. 

5 ‘‘(D) CRIME VICTIMS’ RIGHTS TO NOTICE

6 AND CONSULTATION.—Prior to applying, or ex7 ercising, any authority under this paragraph, or 

8 ruling upon an application allowed under sub9 paragraph (C) the Secretary shall— 

10 ‘‘(i) determine whether or not an alien 

11 described under subparagraph (B) or (C) 

12 has a conviction for any criminal offense; 

13 ‘‘(ii) in consultation with the agency 

14 that prosecuted the criminal offense under 

15 clause (i), if the agency, in the sole discre16 tion of the agency, is willing to cooperate 

17 with the Secretary, make all reasonable ef18 forts to identify each victim of a crime for 

19 which an alien determined to be a criminal 

20 under clause (i) has a conviction; 

21 ‘‘(iii) in consultation with the agency 

22 that prosecuted the criminal offense under 

23 clause (i), if the agency, in the sole discre24 tion of the agency, is willing to cooperate 

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1 forts to provide each victim identified 

2 under clause (ii) with written notice that 

3 the alien is being considered for a waiver 

4 under this paragraph, specifying in such 

5 notice that the victim may— 

6 ‘‘(I) take no further action; 

7 ‘‘(II) request written notification 

8 by the Secretary of any subsequent 

9 application for waiver filed by the 

10 criminal alien under this paragraph 

11 and of the final determination of the 

12 Secretary regarding such application; 

13 or 

14 ‘‘(III) not later than 60 days 

15 after the date on which the victim re16 ceives written notice under this clause, 

17 request a consultation with the Sec18 retary relating to whether the applica19 tion of the offender should be granted 

20 and if the victim cannot be located or 

21 if no response is received from the vic22 tim within the designated time period, 

23 the Secretary shall proceed with adju24 dication of the application; and 


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1 ‘‘(iv) at the request of a victim under 

2 clause (iii), consult with the victim to de3 termine whether or not the Secretary 

4 should, in the case of an alien who is de5 termined under clause (i) to have a convic6 tion for any criminal offense, exercise waiv7 er authority for an alien described under 

8 subparagraph (B), or grant the application 

9 of an alien described under subparagraph 

10 (C). 

11 ‘‘(E) CRIME VICTIMS’ RIGHT TO INTER12 VENTION.—In addition to the victim notifica13 tion and consultation provided for in subpara14 graph (D), the Secretary shall allow the victim 

15 of a criminal alien described under subpara16 graph (B) or (C) to request consultation re17 garding, or notice of, any application for waiver 

18 filed by the criminal alien under this paragraph, 

19 including the final determination of the Sec20 retary regarding such application. 

21 ‘‘(F) CONFIDENTIALITY PROTECTIONS FOR

22 CRIME VICTIMS.—The Secretary and the Attor23 ney General may not make an adverse deter24 mination of admissibility or deportability of any 

25 alien who is a victim and not lawfully present 


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1 in the United States based solely on informa2 tion supplied or derived in the process of identi3 fication, notification, or consultation under this 

4 paragraph. 

5 ‘‘(G) REPORTS REQUIRED.—Not later than 

6 September 30 of each fiscal year in which the 

7 Secretary exercises authority under this para8 graph to rule upon the application of a criminal 

9 offender allowed under subparagraph (C), the 

10 Secretary shall submit to the Committee on the 

11 Judiciary of the Senate and the Committee on 

12 the Judiciary of the House of Representatives a 

13 report detailing the execution of the victim 

14 identification and notification process required 

15 under subparagraph (D), which shall include— 

16 ‘‘(i) the total number of criminal of17 fenders who have filed an application 

18 under subparagraph (C) and the crimes 

19 committed by such offenders; 

20 ‘‘(ii) the total number of criminal of21 fenders whose application under subpara22 graph (C) has been granted and the crimes 

23 committed by such offenders; and 

24 ‘‘(iii) the total number of victims of 

25 criminal offenders under clause (ii) who 


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1 were not provided with written notice of 

2 the offender’s application and the crimes 

3 committed against the victims. 

4 ‘‘(H) DEFINITION.—In this paragraph, the 

5 term ‘victim’ has the meaning given the term in 

6 section 503(e) of the Victims’ Rights and Res7 titution Act of 1990 (42 U.S.C. 10607(e)). 

8 ‘‘(7) SUSPENSION OF REMOVAL DURING APPLI9 CATION PERIOD.— 

10 ‘‘(A) PROTECTION FROM DETENTION OR

11 REMOVAL.—A registered provisional immigrant 

12 may not be detained by the Secretary or re13 moved from the United States, unless— 

14 ‘‘(i) the Secretary determines that— 

15 ‘‘(I) such alien is, or has become, 

16 ineligible for registered provisional im17 migrant status under subsection 

18 (b)(3); or 

19 ‘‘(II) the alien’s registered provi20 sional immigrant status has been re21 voked under subsection (d)(2). 

22 ‘‘(B) ALIENS IN REMOVAL PRO23 CEEDINGS.—Notwithstanding any other provi24 sion of this Act— 


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1 ‘‘(i) if the Secretary determines that 

2 an alien, during the period beginning on 

3 the date of the enactment of this section 

4 and ending on the last day of the applica5 tion period described in paragraph (3), is 

6 in removal, deportation, or exclusion pro7 ceedings before the Executive Office for 

8 Immigration Review and is prima facie eli9 gible for registered provisional immigrant 

10 status under this section— 

11 ‘‘(I) the Secretary shall provide 

12 the alien with the opportunity to file 

13 an application for such status; and 

14 ‘‘(II) upon motion by the Sec15 retary and with the consent of the 

16 alien or upon motion by the alien, the 

17 Executive Office for Immigration Re18 view shall— 

19 ‘‘(aa) terminate such pro20 ceedings without prejudice to fu21 ture proceedings on any basis; 

22 and 

23 ‘‘(bb) provide the alien a 

24 reasonable opportunity to apply 

25 for such status; and 


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1 ‘‘(ii) if the Executive Office for Immi2 gration Review determines that an alien, 

3 during the period beginning on the date of 

4 the enactment of this section and ending 

5 on the last day of the application period 

6 described in paragraph (3), is in removal, 

7 deportation, or exclusion proceedings be8 fore the Executive Office for Immigration 

9 Review and is prima facie eligible for reg10 istered provisional immigrant status under 

11 this section— 

12 ‘‘(I) the Executive Office of Im13 migration Review shall notify the Sec14 retary of such determination; and 

15 ‘‘(II) if the Secretary does not 

16 dispute the determination of prima 

17 facie eligibility within 7 days after 

18 such notification, the Executive Office 

19 for Immigration Review, upon consent 

20 of the alien, shall— 

21 ‘‘(aa) terminate such pro22 ceedings without prejudice to fu23 ture proceedings on any basis; 

24 and 


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1 ‘‘(bb) permit the alien a rea2 sonable opportunity to apply for 

3 such status. 

4 ‘‘(C) TREATMENT OF CERTAIN ALIENS.— 

5 ‘‘(i) IN GENERAL.—If an alien who 

6 meets the eligibility requirements set forth 

7 in subsection (b) is present in the United 

8 States and has been ordered excluded, de9 ported, or removed, or ordered to depart 

10 voluntarily from the United States under 

11 any provision of this Act— 

12 ‘‘(I) notwithstanding such order 

13 or section 241(a)(5), the alien may 

14 apply for registered provisional immi15 grant status under this section; and 

16 ‘‘(II) if the alien is granted such 

17 status, the alien shall file a motion to 

18 reopen the exclusion, deportation, re19 moval, or voluntary departure order, 

20 which motion shall be granted unless 

21 1 or more of the grounds of ineligi22 bility is established by clear and con23 vincing evidence. 

24 ‘‘(ii) LIMITATIONS ON MOTIONS TO

25 REOPEN.—The limitations on motions to 


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1 reopen set forth in section 240(c)(7) shall 

2 not apply to motions filed under clause 

3 (i)(II). 

4 ‘‘(D) PERIOD PENDING ADJUDICATION OF

5 APPLICATION.— 

6 ‘‘(i) IN GENERAL.—During the period 

7 beginning on the date on which an alien 

8 applies for registered provisional immi9 grant status under paragraph (1) and the 

10 date on which the Secretary makes a final 

11 decision regarding such application, the 

12 alien— 

13 ‘‘(I) may receive advance parole 

14 to reenter the United States if urgent 

15 humanitarian circumstances compel 

16 such travel; 

17 ‘‘(II) may not be detained by the 

18 Secretary or removed from the United 

19 States unless the Secretary makes a 

20 prima facie determination that such 

21 alien is, or has become, ineligible for 

22 registered provisional immigrant sta23 tus under subsection (b)(3); 


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1 ‘‘(III) shall not be considered un2 lawfully present for purposes of sec3 tion 212(a)(9)(B); and 

4 ‘‘(IV) shall not be considered an 

5 unauthorized alien (as defined in sec6 tion 274A(h)(3)). 

7 ‘‘(ii) EVIDENCE OF APPLICATION FIL8 ING.—As soon as practicable after receiv9 ing each application for registered provi10 sional immigrant status, the Secretary 

11 shall provide the applicant with a docu12 ment acknowledging the receipt of such ap13 plication. 

14 ‘‘(iii) CONTINUING EMPLOYMENT.— 

15 An employer who knows that an alien em16 ployee is an applicant for registered provi17 sional immigrant status or will apply for 

18 such status once the application period 

19 commences is not in violation of section 

20 274A(a)(2) if the employer continues to 

21 employ the alien pending the adjudication 

22 of the alien employee’s application. 

23 ‘‘(iv) EFFECT OF DEPARTURE.—Sec24 tion 101(g) shall not apply to an alien 

25 granted— 


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1 ‘‘(I) advance parole under clause 

2 (i)(I) to reenter the United States; or 

3 ‘‘(II) registered provisional immi4 grant status. 

5 ‘‘(8) SECURITY AND LAW ENFORCEMENT

6 CLEARANCES.— 

7 ‘‘(A) BIOMETRIC AND BIOGRAPHIC

8 DATA.—The Secretary may not grant registered 

9 provisional immigrant status to an alien or an 

10 alien dependent spouse or child under this sec11 tion unless such alien submits biometric and 

12 biographic data in accordance with procedures 

13 established by the Secretary. 

14 ‘‘(B) ALTERNATIVE PROCEDURES.—The 

15 Secretary shall provide an alternative procedure 

16 for applicants who cannot provide the biometric 

17 data required under subparagraph (A) because 

18 of a physical impairment. 

19 ‘‘(C) CLEARANCES.— 

20 ‘‘(i) DATA COLLECTION.—The Sec21 retary shall collect, from each alien apply22 ing for status under this section, biometric, 

23 biographic, and other data that the Sec24 retary determines to be appropriate— 


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1 ‘‘(I) to conduct national security 

2 and law enforcement clearances; and 

3 ‘‘(II) to determine whether there 

4 are any national security or law en5 forcement factors that would render 

6 an alien ineligible for such status. 

7 ‘‘(ii) ADDITIONAL SECURITY SCREEN8 ING.—The Secretary, in consultation with 

9 the Secretary of State and other inter10 agency partners, shall conduct an addi11 tional security screening upon determining, 

12 in the Secretary’s opinion based upon in13 formation related to national security, that 

14 an alien or alien dependent spouse or child 

15 is or was a citizen or long-term resident of 

16 a region or country known to pose a 

17 threat, or that contains groups or organi18 zations that pose a threat, to the national 

19 security of the United States. 

20 ‘‘(iii) PREREQUISITE.—The required 

21 clearances and screenings described in 

22 clauses (i)(I) and (ii) shall be completed 

23 before the alien may be granted registered 

24 provisional immigrant status. 

25 ‘‘(9) DURATION OF STATUS AND EXTENSION.— 


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1 ‘‘(A) IN GENERAL.—The initial period of 

2 authorized admission for a registered provi3 sional immigrant— 

4 ‘‘(i) shall remain valid for 6 years un5 less revoked pursuant to subsection (d)(2); 

6 and 

7 ‘‘(ii) may be extended for additional 

8 6-year terms if— 

9 ‘‘(I) the alien remains eligible for 

10 registered provisional immigrant sta11 tus; 

12 ‘‘(II) the alien meets the employ13 ment requirements set forth in sub14 paragraph (B); 

15 ‘‘(III) the alien has successfully 

16 passed background checks that are 

17 equivalent to the background checks 

18 described in section 245D(b)(1)(E); 

19 and 

20 ‘‘(IV) such status was not re21 voked by the Secretary for any reason. 

22 ‘‘(B) EMPLOYMENT OR EDUCATION RE23 QUIREMENT.—Except as provided in subpara24 graphs (D) and (E) of section 245C(b)(3), an 

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1 istered provisional immigrant status under this 

2 paragraph unless the alien establishes that, 

3 during the alien’s period of status as a reg4 istered provisional immigrant, the alien— 

5 ‘‘(i)(I) was regularly employed 

6 throughout the period of admission as a 

7 registered provisional immigrant, allowing 

8 for brief periods lasting not more than 60 

9 days; and 

10 ‘‘(II) is not likely to become a public 

11 charge (as determined under section 

12 212(a)(4)); or 

13 ‘‘(ii) is able to demonstrate average 

14 income or resources that are not less than 

15 100 percent of the Federal poverty level 

16 throughout the period of admission as a 

17 registered provisional immigrant. 

18 ‘‘(C) PAYMENT OF TAXES.—An applicant 

19 may not be granted an extension of registered 

20 provisional immigrant status under subpara21 graph (A)(ii) unless the applicant has satisfied 

22 any applicable Federal tax liability in accord23 ance with paragraph (2). 

24 ‘‘(10) FEES AND PENALTIES.— 

25 ‘‘(A) STANDARD PROCESSING FEE.— 


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1 ‘‘(i) IN GENERAL.—Aliens who are 16 

2 years of age or older and are applying for 

3 registered provisional immigrant status 

4 under paragraph (1), or for an extension 

5 of such status under paragraph (9)(A)(ii), 

6 shall pay a processing fee to the Depart7 ment of Homeland Security in an amount 

8 determined by the Secretary. 

9 ‘‘(ii) RECOVERY OF COSTS.—The 

10 processing fee authorized under clause (i) 

11 shall be set at a level that is sufficient to 

12 recover the full costs of processing the ap13 plication, including any costs incurred— 

14 ‘‘(I) to adjudicate the application; 

15 ‘‘(II) to take and process bio16 metrics; 

17 ‘‘(III) to perform national secu18 rity and criminal checks, including ad19 judication; 

20 ‘‘(IV) to prevent and investigate 

21 fraud; and 

22 ‘‘(V) to administer the collection 

23 of such fee. 

24 ‘‘(iii) AUTHORITY TO LIMIT FEES.— 

25 The Secretary, by regulation, may— 


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1 ‘‘(I) limit the maximum proc2 essing fee payable under this subpara3 graph by a family, including spouses 

4 and unmarried children younger than 

5 21 years of age; and 

6 ‘‘(II) exempt defined classes of 

7 individuals, including individuals de8 scribed in section 245B(c)(13), from 

9 the payment of the fee authorized 

10 under clause (i). 

11 ‘‘(B) DEPOSIT AND USE OF PROCESSING

12 FEES.—Fees collected under subparagraph 

13 (A)(i)— 

14 ‘‘(i) shall be deposited into the Immi15 gration Examinations Fee Account pursu16 ant to section 286(m); and 

17 ‘‘(ii) shall remain available until ex18 pended pursuant to section 286(n). 

19 ‘‘(C) PENALTY.— 

20 ‘‘(i) PAYMENT.—In addition to the 

21 processing fee required under subpara22 graph (A), aliens not described in section 

23 245D(b)(A)(ii) who are 21 years of age or 

24 older and are filing an application under 


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1 this subsection shall pay a $1,000 penalty 

2 to the Department of Homeland Security. 

3 ‘‘(ii) INSTALLMENTS.—The Secretary 

4 shall establish a process for collecting pay5 ments required under clause (i) that per6 mits the penalty under that clause to be 

7 paid in periodic installments that shall be 

8 completed before the alien may be granted 

9 an extension of status under paragraph 

10 (9)(A)(ii). 

11 ‘‘(iii) DEPOSIT.—Penalties collected 

12 pursuant to this subparagraph shall be de13 posited into the Comprehensive Immigra14 tion Reform Trust Fund established under 

15 section 9(a)(1) of the Border Security, 

16 Economic Opportunity, and Immigration 

17 Modernization Act. 

18 ‘‘(11) ADJUDICATION.— 

19 ‘‘(A) FAILURE TO SUBMIT SUFFICIENT

20 EVIDENCE.—The Secretary shall deny an appli21 cation submitted by an alien who fails to sub22 mit— 

23 ‘‘(i) requested initial evidence, includ24 ing requested biometric data; or 


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1 ‘‘(ii) any requested additional evidence 

2 by the date required by the Secretary. 

3 ‘‘(B) AMENDED APPLICATION.—An alien 

4 whose application for registered provisional im5 migrant status is denied under subparagraph 

6 (A) may file an amended application for such 

7 status to the Secretary if the amended applica8 tion— 

9 ‘‘(i) is filed within the application pe10 riod described in paragraph (3); and 

11 ‘‘(ii) contains all the required informa12 tion and fees that were missing from the 

13 initial application. 

14 ‘‘(12) EVIDENCE OF REGISTERED PROVISIONAL

15 IMMIGRANT STATUS.— 

16 ‘‘(A) IN GENERAL.—The Secretary shall 

17 issue documentary evidence of registered provi18 sional immigrant status to each alien whose ap19 plication for such status has been approved. 

20 ‘‘(B) DOCUMENTATION FEATURES.—Docu21 mentary evidence provided under subparagraph 

22 (A)— 

23 ‘‘(i) shall be machine-readable and 

24 tamper-resistant, and shall contain a 

25 digitized photograph; 


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1 ‘‘(ii) shall, during the alien’s author2 ized period of admission, and any exten3 sion of such authorized admission, serve as 

4 a valid travel and entry document for the 

5 purpose of applying for admission to the 

6 United States; 

7 ‘‘(iii) may be accepted during the pe8 riod of its validity by an employer as evi9 dence of employment authorization and 

10 identity under section 274A(b)(1)(B); 

11 ‘‘(iv) shall indicate that the alien is 

12 authorized to work in the United States 

13 for up to 3 years; and 

14 ‘‘(v) shall include such other features 

15 and information as may be prescribed by 

16 the Secretary. 

17 ‘‘(13) DACA RECIPIENTS.—Unless the Sec18 retary determines that an alien who was granted De19 ferred Action for Childhood Arrivals (referred to in 

20 this paragraph as ‘DACA’) pursuant to the Sec21 retary’s memorandum of June 15, 2012, has en22 gaged in conduct since the alien was granted DACA 

23 that would make the alien ineligible for registered 

24 provisional immigrant status, the Secretary may 

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1 curity and law enforcement clearances have been 

2 completed on behalf of the alien. 

3 ‘‘(d) TERMS AND CONDITIONS OF REGISTERED PRO4 VISIONAL IMMIGRANT STATUS.— 

5 ‘‘(1) CONDITIONS OF REGISTERED PROVISIONAL

6 IMMIGRANT STATUS.— 

7 ‘‘(A) EMPLOYMENT.—Notwithstanding any 

8 other provision of law, including section 

9 241(a)(7), a registered provisional immigrant 

10 shall be authorized to be employed in the 

11 United States while in such status. 

12 ‘‘(B) TRAVEL OUTSIDE THE UNITED

13 STATES.—A registered provisional immigrant 

14 may travel outside of the United States and 

15 may be admitted, if otherwise admissible, upon 

16 returning to the United States without having 

17 to obtain a visa if— 

18 ‘‘(i) the alien is in possession of— 

19 ‘‘(I) valid, unexpired documen20 tary evidence of registered provisional 

21 immigrant status that complies with 

22 subsection (c)(12); or 

23 ‘‘(II) a travel document, duly ap24 proved by the Secretary, that was 

25 issued to the alien after the alien’s 


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1 original documentary evidence was 

2 lost, stolen, or destroyed; 

3 ‘‘(ii) the alien’s absence from the 

4 United States did not exceed 180 days, un5 less the alien’s failure to timely return was 

6 due to extenuating circumstances beyond 

7 the alien’s control; 

8 ‘‘(iii) the alien meets the requirements 

9 for an extension as described in subclauses 

10 (I) and (III) of paragraph (9)(A); and 

11 ‘‘(iv) the alien establishes that the 

12 alien is not inadmissible under subpara13 graph (A)(i), (A)(iii), (B), or (C) of section 

14 212(a)(3). 

15 ‘‘(C) ADMISSION.—An alien granted reg16 istered provisional immigrant status under this 

17 section shall be considered to have been admit18 ted and lawfully present in the United States in 

19 such status as of the date on which the alien’s 

20 application was filed. 

21 ‘‘(D) CLARIFICATION OF STATUS.—An 

22 alien granted registered provisional immigrant 

23 status— 

24 ‘‘(i) is lawfully admitted to the United 

25 States; and 


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1 ‘‘(ii) may not be classified as a non2 immigrant or as an alien who has been 

3 lawfully admitted for permanent residence. 

4 ‘‘(2) REVOCATION.— 

5 ‘‘(A) IN GENERAL.—The Secretary may re6 voke the status of a registered provisional immi7 grant at any time after providing appropriate 

8 notice to the alien, and after the exhaustion or 

9 waiver of all applicable administrative review 

10 procedures under section 245E(c), if the 

11 alien— 

12 ‘‘(i) no longer meets the eligibility re13 quirements set forth in subsection (b); 

14 ‘‘(ii) knowingly used documentation 

15 issued under this section for an unlawful 

16 or fraudulent purpose; 

17 ‘‘(iii) is convicted of fraudulently 

18 claiming or receiving a Federal means-test19 ed benefit (as defined and implemented in 

20 section 403 of the Personal Responsibility 

21 and Work Opportunity Reconciliation Act 

22 of 1996 (8 U.S.C. 1613)) after being 

23 granted registered provisional immigrant 

24 status; or 


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1 ‘‘(iv) was absent from the United 

2 States— 

3 ‘‘(I) for any single period longer 

4 than 180 days in violation of the re5 quirements set forth in paragraph 

6 (1)(B)(ii); or 

7 ‘‘(II) for more than 180 days in 

8 the aggregate during any calendar 

9 year, unless the alien’s failure to time10 ly return was due to extenuating cir11 cumstances beyond the alien’s control. 

12 ‘‘(B) ADDITIONAL EVIDENCE.—In deter13 mining whether to revoke an alien’s status 

14 under subparagraph (A), the Secretary may re15 quire the alien— 

16 ‘‘(i) to submit additional evidence; or 

17 ‘‘(ii) to appear for an interview. 

18 ‘‘(C) INVALIDATION OF DOCUMENTA19 TION.—If an alien’s registered provisional im20 migrant status is revoked under subparagraph 

21 (A), any documentation issued by the Secretary 

22 to such alien under subsection (c)(12) shall 

23 automatically be rendered invalid for any pur24 pose except for departure from the United 

25 States. 


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1 ‘‘(3) INELIGIBILITY FOR PUBLIC BENEFITS.— 

2 ‘‘(A) IN GENERAL.—An alien who has been 

3 granted registered provisional immigrant status 

4 under this section is not eligible for any Federal 

5 means-tested public benefit (as defined and im6 plemented in section 403 of the Personal Re7 sponsibility and Work Opportunity Reconcili8 ation Act of 1996 (8 U.S.C. 1613)). 

9 ‘‘(B) AUDITS.—The Secretary of Health 

10 and Human Services shall conduct regular au11 dits to ensure that registered provisional immi12 grants are not fraudulently receiving any of the 

13 benefits described in subparagraph (A). 

14 ‘‘(4) TREATMENT OF REGISTERED PROVISIONAL

15 IMMIGRANTS.—A noncitizen granted registered pro16 visional immigrant status under this section shall be 

17 considered lawfully present in the United States for 

18 all purposes while such noncitizen remains in such 

19 status, except that the noncitizen— 

20 ‘‘(A) is not entitled to the premium assist21 ance tax credit authorized under section 36B of 

22 the Internal Revenue Code of 1986 for his or 

23 her coverage; 


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1 ‘‘(B) shall be subject to the rules applica2 ble to individuals not lawfully present that are 

3 set forth in subsection (e) of such section; 

4 ‘‘(C) shall be subject to the rules applicable 

5 to individuals not lawfully present that are set 

6 forth in section 1402(e) of the Patient Protec7 tion and Affordable Care Act (42 U.S.C. 

8 18071); and 

9 ‘‘(D) shall be subject to the rules applica10 ble to individuals not lawfully present set forth 

11 in section 5000A(d)(3) of the Internal Revenue 

12 Code of 1986. 

13 ‘‘(5) ASSIGNMENT OF SOCIAL SECURITY NUM14 BER.— 

15 ‘‘(A) IN GENERAL.—The Commissioner of 

16 Social Security, in coordination with the Sec17 retary, shall implement a system to allow for 

18 the assignment of a Social Security number and 

19 the issuance of a Social Security card to each 

20 alien who has been granted registered provi21 sional immigrant status under this section. 

22 ‘‘(B) USE OF INFORMATION.—The Sec23 retary shall provide the Commissioner of Social 

24 Security with information from the applications 

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1 migrant status under this section and such 

2 other information as the Commissioner deter3 mines to be necessary to assign a Social Secu4 rity account number to such aliens. The Com5 missioner may use information received from 

6 the Secretary under this subparagraph to as7 sign Social Security account numbers to such 

8 aliens and to administer the programs of the 

9 Social Security Administration. The Commis10 sioner may maintain, use, and disclose such in11 formation only as permitted under section 552a 

12 of title 5, United States Code (commonly known 

13 as the Privacy Act of 1974) and other applica14 ble Federal laws. 

15 ‘‘(e) DISSEMINATION OF INFORMATION ON REG16 ISTERED PROVISIONAL IMMIGRANT PROGRAM.—As soon 

17 as practicable after the date of the enactment of the Bor18 der Security, Economic Opportunity, and Immigration 

19 Modernization Act, the Secretary, in cooperation with en20 tities approved by the Secretary, and in accordance with 

21 a plan adopted by the Secretary, shall broadly dissemi22 nate, in the most common languages spoken by aliens who 

23 would qualify for registered provisional immigrant status 

24 under this section, to television, radio, print, and social 

25 media to which such aliens would likely have access— 


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1 ‘‘(1) the procedures for applying for such sta2 tus; 

3 ‘‘(2) the terms and conditions of such status; 

4 and 

5 ‘‘(3) the eligibility requirements for such sta6 tus.’’. 

7 (b) ENLISTMENT IN THE ARMED FORCES.—Section 

8 504(b)(1) of title 10, United States Code, is amended by 

9 adding at the end the following: 

10 ‘‘(D) An alien who has been granted registered 

11 provisional immigrant status under section 245B of 

12 the Immigration and Nationality Act.’’. 

13 SEC. 2102. ADJUSTMENT OF STATUS OF REGISTERED PRO14 VISIONAL IMMIGRANTS. 

15 (a) IN GENERAL.—Chapter 5 of title II (8 U.S.C. 

16 1255 et seq.) is amended by inserting after section 245B, 

17 as added by section 2101 of this title, the following: 

18 ‘‘SEC. 245C. ADJUSTMENT OF STATUS OF REGISTERED PRO19 VISIONAL IMMIGRANTS. 

20 ‘‘(a) IN GENERAL.—Subject to section 245E(d) and 

21 section 2302(c)(3) of the Border Security, Economic Op22 portunity, and Immigration Modernization Act, the Sec23 retary may adjust the status of a registered provisional 

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1 isfies the eligibility requirements set forth in subsection 

2 (b). 

3 ‘‘(b) ELIGIBILITY REQUIREMENTS.— 

4 ‘‘(1) REGISTERED PROVISIONAL IMMIGRANT

5 STATUS.— 

6 ‘‘(A) IN GENERAL.—The alien was granted 

7 registered provisional immigrant status under 

8 section 245B and remains eligible for such sta9 tus. 

10 ‘‘(B) CONTINUOUS PHYSICAL PRESENCE.— 

11 The alien establishes, to the satisfaction of the 

12 Secretary, that the alien was not continuously 

13 absent from the United States for more than 

14 180 days in any calendar year during the pe15 riod of admission as a registered provisional im16 migrant, unless the alien’s absence was due to 

17 extenuating circumstances beyond the alien’s 

18 control. 

19 ‘‘(C) MAINTENANCE OF WAIVERS OF INAD20 MISSIBILITY.—The grounds of inadmissibility 

21 set forth in section 212(a) that were previously 

22 waived for the alien or made inapplicable under 

23 section 245B(b) shall not apply for purposes of 

24 the alien’s adjustment of status under this sec25 tion. 


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1 ‘‘(D) PENDING REVOCATION PRO2 CEEDINGS.—If the Secretary has notified the 

3 applicant that the Secretary intends to revoke 

4 the applicant’s registered provisional immigrant 

5 status under section 245B(d)(2)(A), the Sec6 retary may not approve an application for ad7 justment of status under this section unless the 

8 Secretary makes a final determination not to 

9 revoke the applicant’s status. 

10 ‘‘(2) PAYMENT OF TAXES.— 

11 ‘‘(A) IN GENERAL.—An applicant may not 

12 file an application for adjustment of status 

13 under this section unless the applicant has sat14 isfied any applicable Federal tax liability. 

15 ‘‘(B) DEFINITION OF APPLICABLE FED16 ERAL TAX LIABILITY.—In subparagraph (A), 

17 the term ‘applicable Federal tax liability’ means 

18 all Federal income taxes assessed in accordance 

19 with section 6203 of the Internal Revenue Code 

20 of 1986 since the date on which the applicant 

21 was authorized to work in the United States as 

22 a registered provisional immigrant under sec23 tion 245B(a). 

24 ‘‘(C) COMPLIANCE.—The applicant may 

25 demonstrate compliance with subparagraph (A) 


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1 by submitting such documentation as the Sec2 retary, in consultation with the Secretary of the 

3 Treasury, may require by regulation. 

4 ‘‘(3) EMPLOYMENT REQUIREMENT.— 

5 ‘‘(A) IN GENERAL.—Except as provided in 

6 subparagraphs (D) and (E), an alien applying 

7 for adjustment of status under this section shall 

8 establish that, during his or her period of status 

9 as a registered provisional immigrant, he or 

10 she— 

11 ‘‘(i)(I) was regularly employed 

12 throughout the period of admission as a 

13 registered provisional immigrant, allowing 

14 for brief periods lasting not more than 60 

15 days; and 

16 ‘‘(II) is not likely to become a public 

17 charge (as determined under section 

18 212(a)(4)); or 

19 ‘‘(ii) can demonstrate average income 

20 or resources that are not less than 125 

21 percent of the Federal poverty level 

22 throughout the period of admission as a 

23 registered provisional immigrant. 

24 ‘‘(B) EVIDENCE OF EMPLOYMENT.— 


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1 ‘‘(i) DOCUMENTS.—An alien may sat2 isfy the employment requirement under 

3 subparagraph (A)(i) by submitting, to the 

4 Secretary, records that— 

5 ‘‘(I) establish, by the preponder6 ance of the evidence, compliance with 

7 such employment requirement; and 

8 ‘‘(II) have been maintained by 

9 the Social Security Administration, 

10 the Internal Revenue Service, or any 

11 other Federal, State, or local govern12 ment agency. 

13 ‘‘(ii) OTHER DOCUMENTS.—An alien 

14 who is unable to submit the records de15 scribed in clause (i) may satisfy the em16 ployment or education requirement under 

17 subparagraph (A) by submitting to the 

18 Secretary at least 2 types of reliable docu19 ments not described in clause (i) that pro20 vide evidence of employment or education, 

21 including— 

22 ‘‘(I) bank records; 

23 ‘‘(II) business records; 

24 ‘‘(III) employer records; 


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1 ‘‘(IV) records of a labor union, 

2 day labor center, or organization that 

3 assists workers in employment; 

4 ‘‘(V) sworn affidavits from non5 relatives who have direct knowledge of 

6 the alien’s work or education, that 

7 contain— 

8 ‘‘(aa) the name, address, 

9 and telephone number of the affi10 ant; 

11 ‘‘(bb) the nature and dura12 tion of the relationship between 

13 the affiant and the alien; and 

14 ‘‘(cc) other verification or 

15 information; 

16 ‘‘(VI) remittance records; and 

17 ‘‘(VII) school records from insti18 tutions described in subparagraph 

19 (D). 

20 ‘‘(iii) ADDITIONAL DOCUMENTS AND

21 RESTRICTIONS.—The Secretary may— 

22 ‘‘(I) designate additional docu23 ments that may be used to establish 

24 compliance with the requirement 

25 under subparagraph (A); and 


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1 ‘‘(II) set such terms and condi2 tions on the use of affidavits as may 

3 be necessary to verify and confirm the 

4 identity of any affiant or to otherwise 

5 prevent fraudulent submissions. 

6 ‘‘(C) SATISFACTION OF EMPLOYMENT RE7 QUIREMENT.—An alien may not be required to 

8 satisfy the employment requirements under this 

9 section with a single employer. 

10 ‘‘(D) EDUCATION PERMITTED.—An alien 

11 may satisfy the requirement under subpara12 graph (A), in whole or in part, by providing evi13 dence of full-time attendance at— 

14 ‘‘(i) an institution of higher education 

15 (as defined in section 102(a) of the Higher 

16 Education Act of 1965 (20 U.S.C. 

17 1002(a))); 

18 ‘‘(ii) a secondary school, including a 

19 public secondary school (as defined in sec20 tion 9101 of the Elementary and Sec21 ondary Education Act of 1965 (20 U.S.C. 

22 7801)); 

23 ‘‘(iii) an education, literacy, or career 

24 and technical training program (including 

25 vocational training) that is designed to 


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1 lead to placement in postsecondary edu2 cation, job training, or employment 

3 through which the alien is working toward 

4 such placement; or 

5 ‘‘(iv) an education program assisting 

6 students either in obtaining a high school 

7 equivalency diploma, certificate, or its rec8 ognized equivalent under State law (includ9 ing a certificate of completion, certificate 

10 of attendance, or alternate award), or in 

11 passing a General Educational Develop12 ment exam or other equivalent State-au13 thorized exam or completed other applica14 ble State requirements for high school 

15 equivalency. 

16 ‘‘(E) AUTHORIZATION OF EXCEPTIONS

17 AND WAIVERS.— 

18 ‘‘(i) EXCEPTIONS BASED ON AGE OR

19 DISABILITY.—The employment and edu20 cation requirements under this paragraph 

21 shall not apply to any alien who— 

22 ‘‘(I) is younger than 21 years of 

23 age on the date on which the alien 

24 files an application for the first exten25 sion of the initial period of authorized 


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1 admission as a registered provisional 

2 immigrant; 

3 ‘‘(II) is at least 60 years of age 

4 on the date on which the alien files an 

5 application for an extension of reg6 istered provisional immigrant status 

7 or at least 65 years of age on the date 

8 on which the alien’s application for 

9 adjustment of status is filed under 

10 this section; or 

11 ‘‘(III) has a physical or mental 

12 disability (as defined in section 3(2) 

13 of the Americans with Disabilities Act 

14 of 1990 (42 U.S.C. 12102(2))) or as 

15 a result of pregnancy if such condition 

16 is evidenced by the submission of doc17 umentation prescribed by the Sec18 retary. 

19 ‘‘(ii) FAMILY EXCEPTIONS.—The em20 ployment and education requirements 

21 under this paragraph shall not apply to 

22 any alien who is a dependent registered 

23 provisional immigrant under subsection 

24 (b)(5). 


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1 ‘‘(iii) TEMPORARY EXCEPTIONS.—The 

2 employment and education requirements 

3 under this paragraph shall not apply dur4 ing any period during which the alien— 

5 ‘‘(I) was on medical leave, mater6 nity leave, or other employment leave 

7 authorized by Federal law, State law, 

8 or the policy of the employer; 

9 ‘‘(II) is or was the primary care10 taker of a child or another person who 

11 requires supervision or is unable to 

12 care for himself or herself; or 

13 ‘‘(III) was unable to work due to 

14 circumstances outside the control of 

15 the alien. 

16 ‘‘(iv) WAIVER.—The Secretary may 

17 waive the employment or education re18 quirements under this paragraph with re19 spect to any individual alien who dem20 onstrates extreme hardship to himself or 

21 herself or to a spouse, parent, or child who 

22 is a United States citizen or lawful perma23 nent resident. 

24 ‘‘(4) ENGLISH SKILLS.— 


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1 ‘‘(A) IN GENERAL.—Except as provided 

2 under subparagraph (C), a registered provi3 sional immigrant who is 16 years of age or 

4 older shall establish that he or she— 

5 ‘‘(i) meets the requirements set forth 

6 in section 312; or 

7 ‘‘(ii) is satisfactorily pursuing a 

8 course of study, pursuant to standards es9 tablished by the Secretary of Education, in 

10 consultation with the Secretary, to achieve 

11 an understanding of English and knowl12 edge and understanding of the history and 

13 Government of the United States, as de14 scribed in section 312(a). 

15 ‘‘(B) RELATION TO NATURALIZATION EX16 AMINATION.—A registered provisional immi17 grant who demonstrates that he or she meets 

18 the requirements set forth in section 312 may 

19 be considered to have satisfied such require20 ments for purposes of becoming naturalized as 

21 a citizen of the United States. 

22 ‘‘(C) EXCEPTIONS.— 

23 ‘‘(i) MANDATORY.—Subparagraph (A) 

24 shall not apply to any person who is unable 

25 to comply with the requirements under 


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1 that subparagraph because of a physical or 

2 developmental disability or mental impair3 ment. 

4 ‘‘(ii) DISCRETIONARY.—The Secretary 

5 may waive all or part of subparagraph (A) 

6 for a registered provisional immigrant who 

7 is 70 years of age or older on the date on 

8 which an application is filed for adjust9 ment of status under this section. 

10 ‘‘(5) MILITARY SELECTIVE SERVICE.—The alien 

11 shall provide proof of registration under the Military 

12 Selective Service Act (50 U.S.C. App. 451 et seq.), 

13 if the alien is subject to such registration on or after 

14 the date on which the alien’s application for reg15 istered provisional immigrant status is granted. 

16 ‘‘(c) APPLICATION PROCEDURES.— 

17 ‘‘(1) IN GENERAL.—Beginning on the date de18 scribed in paragraph (2), a registered provisional im19 migrant, or a registered provisional immigrant de20 pendent, who meets the eligibility requirements set 

21 forth in subsection (b) may apply for adjustment of 

22 status to that of an alien lawfully admitted for per23 manent residence by submitting an application to 

24 the Secretary that includes the evidence required, by 


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1 regulation, to demonstrate the applicant’s eligibility 

2 for such adjustment. 

3 ‘‘(2) BACK OF THE LINE.—The status of a reg4 istered provisional immigrant may not be adjusted to 

5 that of an alien lawfully admitted for permanent res6 idence under this section until after the Secretary of 

7 State certifies that immigrant visas have become 

8 available for all approved petitions for immigrant 

9 visas that were filed under sections 201 and 203 be10 fore the date of the enactment of the Border Secu11 rity, Economic Opportunity, and Immigration Mod12 ernization Act. 

13 ‘‘(3) INTERVIEW.—The Secretary may interview 

14 applicants for adjustment of status under this sec15 tion to determine whether they meet the eligibility 

16 requirements set forth in subsection (b). 

17 ‘‘(4) SECURITY AND LAW ENFORCEMENT

18 CLEARANCES.—The Secretary may not adjust the 

19 status of a registered provisional immigrant under 

20 this section until renewed national security and law 

21 enforcement clearances have been completed with re22 spect to the registered provisional immigrant, to the 

23 satisfaction of the Secretary. 

24 ‘‘(5) FEES AND PENALTIES.— 

25 ‘‘(A) PROCESSING FEES.— 


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1 ‘‘(i) IN GENERAL.—The Secretary 

2 shall impose a processing fee on applicants 

3 for adjustment of status under this section 

4 at a level sufficient to recover the full cost 

5 of processing such applications, including 

6 costs associated with— 

7 ‘‘(I) adjudicating the applica8 tions; 

9 ‘‘(II) taking and processing bio10 metrics; 

11 ‘‘(III) performing national secu12 rity and criminal checks, including ad13 judication; 

14 ‘‘(IV) preventing and inves15 tigating fraud; and 

16 ‘‘(V) the administration of the 

17 fees collected. 

18 ‘‘(ii) AUTHORITY TO LIMIT FEES.— 

19 The Secretary, by regulation, may— 

20 ‘‘(I) limit the maximum proc21 essing fee payable under this subpara22 graph by a family, including spouses 

23 and children; and 


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1 ‘‘(II) exempt other defined class2 es of individuals from the payment of 

3 the fee authorized under clause (i). 

4 ‘‘(iii) DEPOSIT AND USE OF FEES.— 

5 Fees collected under this subparagraph— 

6 ‘‘(I) shall be deposited into the 

7 Immigration Examinations Fee Ac8 count pursuant to section 286(m); 

9 and 

10 ‘‘(II) shall remain available until 

11 expended pursuant to section 286(n). 

12 ‘‘(B) PENALTIES.— 

13 ‘‘(i) IN GENERAL.—In addition to the 

14 processing fee required under subpara15 graph (A) and the penalty required under 

16 section 245B(c)(6)(D), an alien who was 

17 21 years of age or older on the date on 

18 which the Border Security, Economic Op19 portunity, and Immigration Modernization 

20 Act was originally introduced in the Senate 

21 and is filing an application for adjustment 

22 of status under this section shall pay a 

23 $1,000 penalty to the Secretary unless the 

24 alien meets the requirements under section 

25 245D(b). 


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1 ‘‘(ii) INSTALLMENTS.—The Secretary 

2 shall establish a process for collecting pay3 ments required under clause (i) through 

4 periodic installments. 

5 ‘‘(iii) DEPOSIT, ALLOCATION, AND

6 SPENDING OF PENALTIES.—Penalties col7 lected under this subparagraph— 

8 ‘‘(I) shall be deposited into the 

9 Comprehensive Immigration Trust 

10 Fund established under section 

11 9(a)(1) of the Border Security, Eco12 nomic Opportunity, and Immigration 

13 Modernization Act; and 

14 ‘‘(II) may be used for the pur15 poses set forth in section 9(a)(3)(B) 

16 of such Act.’’. 

17 (b) LIMITATION ON REGISTERED PROVISIONAL IMMI18 GRANTS.—An alien admitted as a registered provisional 

19 immigrant under section 245B of the Immigration and 

20 Nationality Act, as added by subsection (a), may only ad21 just status to an alien lawfully admitted for permanent 

22 resident status under section 245C or 245D of such Act 

23 or section 2302. 

24 (c) NATURALIZATION.—Section 319 (8 U.S.C. 1430) 

25 is amended— 


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1 (1) in the section heading, by striking ‘‘AND

2 EMPLOYEES OF CERTAIN NONPROFIT ORGANI3 ZATIONS’’ and inserting ‘‘, EMPLOYEES OF CER4 TAIN NONPROFIT ORGANIZATIONS, AND OTHER

5 LONG-TERM LAWFUL RESIDENTS’’; and 

6 (2) by adding at the end the following: 

7 ‘‘(f) Any lawful permanent resident who was lawfully 

8 present in the United States and eligible for work author9 ization for not less than 10 years before becoming a lawful 

10 permanent resident may be naturalized upon compliance 

11 with all the requirements under this title except the provi12 sions of section 316(a)(1) if such person, immediately pre13 ceding the date on which the person filed an application 

14 for naturalization— 

15 ‘‘(1) has resided continuously within the United 

16 States, after being lawfully admitted for permanent 

17 residence, for at least 3 years; 

18 ‘‘(2) during the 3-year period immediately pre19 ceding such filing date, has been physically present 

20 in the United States for periods totaling at least 50 

21 percent of such period; and 

22 ‘‘(3) has resided within the State or in the ju23 risdiction of the U.S. Citizenship and Immigration 

24 Services field office in the United States in which 


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1 the applicant filed such application for at least 3 

2 months.’’. 

3 SEC. 2103. THE DREAM ACT. 

4 (a) SHORT TITLE.—This section may be cited as the 

5 ‘‘Development, Relief, and Education for Alien Minors Act 

6 of 2013’’ or the ‘‘DREAM Act 2013’’. 

7 (b) ADJUSTMENT OF STATUS FOR CERTAIN ALIENS

8 WHO ENTERED THE UNITED STATES AS CHILDREN.— 

9 Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended 

10 by inserting after section 245C, as added by section 2102 

11 of this title, the following: 

12 ‘‘SEC. 245D. ADJUSTMENT OF STATUS FOR CERTAIN ALIENS 

13 WHO ENTERED THE UNITED STATES AS CHIL14 DREN. 

15 ‘‘(a) DEFINITIONS.—In this section: 

16 ‘‘(1) INSTITUTION OF HIGHER EDUCATION.— 

17 The term ‘institution of higher education’ has the 

18 meaning given such term in section 102 of the High19 er Education Act of 1965 (20 U.S.C. 1002), except 

20 that the term does not include institutions described 

21 in subsection (a)(1)(C) of such section. 

22 ‘‘(2) SECRETARY.—The term ‘Secretary’ means 

23 the Secretary of Homeland Security. 

24 ‘‘(3) UNIFORMED SERVICES.—The term ‘Uni25 formed Services’ has the meaning given the term 


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1 ‘uniformed services’ in section 101(a)(5) of title 10, 

2 United States Code. 

3 ‘‘(b) ADJUSTMENT OF STATUS FOR CERTAIN ALIENS

4 WHO ENTERED THE UNITED STATES AS CHILDREN.— 

5 ‘‘(1) REQUIREMENTS.— 

6 ‘‘(A) IN GENERAL.—The Secretary may 

7 adjust the status of a registered provisional im8 migrant to the status of a lawful permanent 

9 resident if the immigrant demonstrates that he 

10 or she— 

11 ‘‘(i) has been a registered provisional 

12 immigrant for at least 5 years; 

13 ‘‘(ii) was younger than 16 years of 

14 age on the date on which the alien initially 

15 entered the United States; 

16 ‘‘(iii) has earned a high school di17 ploma, a commensurate alternative award 

18 from a public or private high school or sec19 ondary school, or has obtained a general 

20 education development certificate recog21 nized under State law, or a high school 

22 equivalency diploma in the United States; 

23 ‘‘(iv)(I) has acquired a degree from an 

24 institution of higher education or has com25 pleted at least 2 years, in good standing, 


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1 in a program for a bachelor’s degree or 

2 higher degree in the United States; or 

3 ‘‘(II) has served in the Uniformed 

4 Services for at least 4 years and, if dis5 charged, received an honorable discharge; 

6 and 

7 ‘‘(v) has provided a list of each sec8 ondary school (as that term is defined in 

9 section 9101 of the Elementary and Sec10 ondary Education Act of 1965 (20 U.S.C. 

11 7801)) that the alien attended in the 

12 United States. 

13 ‘‘(B) HARDSHIP EXCEPTION.— 

14 ‘‘(i) IN GENERAL.—The Secretary 

15 may adjust the status of a registered provi16 sional immigrant to the status of a lawful 

17 permanent resident if the alien— 

18 ‘‘(I) satisfies the requirements 

19 under clauses (i), (ii), (iii), and (v) of 

20 subparagraph (A); and 

21 ‘‘(II) demonstrates compelling 

22 circumstances for the inability to sat23 isfy the requirement under subpara24 graph (A)(iv). 

25 ‘‘(C) CITIZENSHIP REQUIREMENT.— 


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1 ‘‘(i) IN GENERAL.—Except as pro2 vided in clause (ii), the Secretary may not 

3 adjust the status of an alien to lawful per4 manent resident status under this section 

5 unless the alien demonstrates that the 

6 alien satisfies the requirements under sec7 tion 312(a). 

8 ‘‘(ii) EXCEPTION.—Clause (i) shall 

9 not apply to an alien whose physical or de10 velopmental disability or mental impair11 ment prevents the alien from meeting the 

12 requirements such section. 

13 ‘‘(D) SUBMISSION OF BIOMETRIC AND BIO14 GRAPHIC DATA.—The Secretary may not adjust 

15 the status of an alien to lawful permanent resi16 dent status unless the alien— 

17 ‘‘(i) submits biometric and biographic 

18 data, in accordance with procedures estab19 lished by the Secretary; or 

20 ‘‘(ii) complies with an alternative pro21 cedure prescribed by the Secretary, if the 

22 alien is unable to provide such biometric 

23 data because of a physical impairment. 

24 ‘‘(E) BACKGROUND CHECKS.— 


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1 ‘‘(i) REQUIREMENT FOR BACKGROUND

2 CHECKS.—The Secretary shall utilize bio3 metric, biographic, and other data that the 

4 Secretary determines appropriate— 

5 ‘‘(I) to conduct national security 

6 and law enforcement background 

7 checks of an alien applying for lawful 

8 permanent resident status under this 

9 section; and 

10 ‘‘(II) to determine whether there 

11 is any criminal, national security, or 

12 other factor that would render the 

13 alien ineligible for such status. 

14 ‘‘(ii) COMPLETION OF BACKGROUND

15 CHECKS.—The Secretary may not adjust 

16 an alien’s status to the status of a lawful 

17 permanent resident under this subsection 

18 until the national security and law enforce19 ment background checks required under 

20 clause (i) have been completed with respect 

21 to the alien, to the satisfaction of the Sec22 retary. 

23 ‘‘(2) APPLICATION FOR LAWFUL PERMANENT

24 RESIDENT STATUS.— 


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1 ‘‘(A) IN GENERAL.—A registered provi2 sional immigrant seeking lawful permanent resi3 dent status shall file an application for such 

4 status in such manner as the Secretary may re5 quire. 

6 ‘‘(B) ADJUDICATION.— 

7 ‘‘(i) IN GENERAL.—The Secretary 

8 shall evaluate each application filed by a 

9 registered provisional immigrant under this 

10 paragraph to determine whether the alien 

11 meets the requirements under paragraph 

12 (1). 

13 ‘‘(ii) ADJUSTMENT OF STATUS IF FA14 VORABLE DETERMINATION.—If the Sec15 retary determines that the alien meets the 

16 requirements under paragraph (1), the 

17 Secretary shall notify the alien of such de18 termination and adjust the status of the 

19 alien to lawful permanent resident status, 

20 effective as of the date of such determina21 tion. 

22 ‘‘(iii) ADVERSE DETERMINATION.—If 

23 the Secretary determines that the alien 

24 does not meet the requirements under 


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1 paragraph (1), the Secretary shall notify 

2 the alien of such determination. 

3 ‘‘(C) DACA RECIPIENTS.—The Secretary 

4 may adopt streamlined procedures for appli5 cants for adjustment to lawful permanent resi6 dent status under this section who were granted 

7 Deferred Action for Childhood Arrivals pursu8 ant to the Secretary’s memorandum of June 

9 15, 2012. 

10 ‘‘(3) TREATMENT FOR PURPOSES OF NATU11 RALIZATION.— 

12 ‘‘(A) IN GENERAL.—An alien granted law13 ful permanent resident status under this section 

14 shall be considered, for purposes of title III— 

15 ‘‘(i) to have been lawfully admitted for 

16 permanent residence; and 

17 ‘‘(ii) to have been in the United 

18 States as an alien lawfully admitted to the 

19 United States for permanent residence 

20 during the period the alien was a reg21 istered provisional immigrant. 

22 ‘‘(B) LIMITATION ON APPLICATION FOR

23 NATURALIZATION.—An alien may not apply for 

24 naturalization while the alien is in registered 

25 provisional immigrant status, except for an 


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1 alien described in paragraph (1)(A)(ii) pursuant 

2 to section 328 or 329.’’. 

3 (c) EXEMPTION FROM NUMERICAL LIMITATIONS.— 

4 Section 201(b)(1) (8 U.S.C. 1151(b)(1)) is amended— 

5 (1) by redesignating subparagraph (E) as sub6 paragraph (F); and 

7 (2) by inserting after subparagraph (D) the fol8 lowing: 

9 ‘‘(E) Aliens whose status is adjusted to perma10 nent resident status under section 245C or 245D.’’. 

11 (d) RESTORATION OF STATE OPTION TO DETER12 MINE RESIDENCY FOR PURPOSES OF HIGHER EDU13 CATION.— 

14 (1) REPEAL.—Section 505 of the Illegal Immi15 gration Reform and Immigrant Responsibility Act of 

16 1996 (8 U.S.C. 1623) is repealed. 

17 (2) EFFECTIVE DATE.—The repeal under para18 graph (1) shall take effect as if included in the origi19 nal enactment of the Illegal Immigration Reform 

20 and Immigrant Responsibility Act of 1996 (division 

21 C of Public Law 104–208). 

22 (e) NATURALIZATION.—Section 328(a) (8 U.S.C. 

23 1439(a)) is amended by inserting ‘‘, without having been 

24 lawfully admitted to the United States for permanent resi25 dent, and’’ after ‘‘naturalized’’. 


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1 (f) LIMITATION ON FEDERAL STUDENT ASSIST2 ANCE.—Notwithstanding any other provision of law, aliens 

3 granted registered provisional immigrant status and who 

4 initially entered the United States before reaching 16 

5 years of age and aliens granted blue card status shall be 

6 eligible only for the following assistance under title IV of 

7 the Higher Education Act of 1965 (20 U.S.C. 1070 et 

8 seq.): 

9 (1) Student loans under parts D and E of such 

10 title IV (20 U.S.C. 1087a et seq. and 1087aa et 

11 seq.), subject to the requirements of such parts. 

12 (2) Federal work-study programs under part C 

13 of such title IV (42 U.S.C. 2751 et seq.), subject to 

14 the requirements of such part. 

15 (3) Services under such title IV (20 U.S.C. 

16 1070 et seq.), subject to the requirements for such 

17 services. 

18 SEC. 2104. ADDITIONAL REQUIREMENTS. 

19 (a) IN GENERAL.—Chapter 5 of title II (8 U.S.C. 

20 1255 et seq.) is amended by inserting after section 245C, 

21 as added by section 2102 of this title, the following: 

22 ‘‘SEC. 245E. ADDITIONAL REQUIREMENTS RELATING TO 

23 REGISTERED PROVISIONAL IMMIGRANTS 

24 AND OTHERS. 

25 ‘‘(a) DISCLOSURES.— 


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1 ‘‘(1) PROHIBITED DISCLOSURES.—Except as 

2 otherwise provided in this subsection, no officer or 

3 employee of any Federal agency may— 

4 ‘‘(A) use the information furnished in an 

5 application for lawful status under section 

6 245B, 245C, or 245D for any purpose other 

7 than to make a determination on any applica8 tion by the alien for any immigration benefit or 

9 protection; 

10 ‘‘(B) make any publication through which 

11 information furnished by any particular appli12 cant can be identified; or 

13 ‘‘(C) permit anyone other than the sworn 

14 officers, employees, and contractors of such 

15 agency or of another entity approved by the 

16 Secretary to examine any individual application 

17 for lawful status under section 245B, 245C, or 

18 245D. 

19 ‘‘(2) REQUIRED DISCLOSURES.—The Secretary 

20 shall provide the information furnished in an appli21 cation filed under section 245B, 245C, or 245D and 

22 any other information derived from such furnished 

23 information to— 

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1 ponent of the Department of Homeland Secu2 rity, court, or grand jury, consistent with law, 

3 in connection with— 

4 ‘‘(i) a criminal investigation or pros5 ecution of any felony not related to the ap6 plicant’s immigration status; or 

7 ‘‘(ii) a national security investigation 

8 or prosecution; and 

9 ‘‘(B) an official coroner for purposes of af10 firmatively identifying a deceased individual, 

11 whether or not the death of such individual re12 sulted from a crime. 

13 ‘‘(3) AUDITING AND EVALUATION OF INFORMA14 TION.—The Secretary may— 

15 ‘‘(A) audit and evaluate information fur16 nished as part of any application filed under 

17 section 245B, 245C, or 245D for purposes of 

18 identifying immigration fraud or fraud schemes; 

19 and 

20 ‘‘(B) use any evidence detected by means 

21 of audits and evaluations for purposes of inves22 tigating, prosecuting, referring for prosecution, 

23 or denying or terminating immigration benefits. 

24 ‘‘(b) EMPLOYER PROTECTIONS.— 


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1 ‘‘(1) USE OF EMPLOYMENT RECORDS.—Copies 

2 of employment records or other evidence of employ3 ment provided by an alien or by an alien’s employer 

4 in support of an alien’s application for registered 

5 provisional immigrant status under section 245B 

6 may not be used in a civil or criminal prosecution 

7 or investigation of that employer under section 274A 

8 or the Internal Revenue Code of 1986 for the prior 

9 unlawful employment of that alien regardless of the 

10 adjudication of such application or reconsideration 

11 by the Secretary of such alien’s prima facie eligi12 bility determination. Employers that provide unau13 thorized aliens with copies of employment records or 

14 other evidence of employment pursuant to an appli15 cation for registered provisional immigrant status 

16 shall not be subject to civil and criminal liability 

17 pursuant to section 274A for employing such unau18 thorized aliens. 

19 ‘‘(2) LIMIT ON APPLICABILITY.—The protec20 tions for employers and aliens under paragraph (1) 

21 shall not apply if the aliens or employers submit em22 ployment records that are deemed to be fraudulent. 

23 ‘‘(c) ADMINISTRATIVE REVIEW.— 

24 ‘‘(1) EXCLUSIVE ADMINISTRATIVE REVIEW.— 

25 Administrative review of a determination respecting 


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1 an application for status under section 245B, 245C, 

2 245D, or 245F or section 2211 of the Agricultural 

3 Worker Program Act of 2013 shall be conducted 

4 solely in accordance with this subsection. 

5 ‘‘(2) ADMINISTRATIVE APPELLATE REVIEW.— 

6 ‘‘(A) ESTABLISHMENT OF ADMINISTRA7 TIVE APPELLATE AUTHORITY.—The Secretary 

8 shall establish or designate an appellate author9 ity to provide for a single level of administrative 

10 appellate review of a determination with respect 

11 to applications for, or revocation of, status 

12 under sections 245B, 245C, and 245D. 

13 ‘‘(B) SINGLE APPEAL FOR EACH ADMINIS14 TRATIVE DECISION.— 

15 ‘‘(i) IN GENERAL.—An alien in the 

16 United States whose application for status 

17 under section 245B, 245C, or 245D has 

18 been denied or revoked may file with the 

19 Secretary not more than 1 appeal of each 

20 decision to deny or revoke such status. 

21 ‘‘(ii) NOTICE OF APPEAL.—A notice of 

22 appeal filed under this subparagraph shall 

23 be filed not later than 90 days after the 

24 date of service of the decision of denial or 


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1 revocation, unless the delay was reasonably 

2 justifiable. 

3 ‘‘(C) REVIEW BY SECRETARY.—Nothing in 

4 this paragraph may be construed to limit the 

5 authority of the Secretary to certify appeals for 

6 review and final administrative decision. 

7 ‘‘(D) DENIAL OF PETITIONS FOR DEPEND8 ENTS.—Appeals of a decision to deny or revoke 

9 a petition filed by a registered provisional immi10 grant pursuant to regulations promulgated 

11 under section 245B to classify a spouse or child 

12 of such alien as a registered provisional immi13 grant shall be subject to the administrative ap14 pellate authority described in subparagraph (A). 

15 ‘‘(E) STAY OF REMOVAL.—Aliens seeking 

16 administrative review shall not be removed from 

17 the United States until a final decision is ren18 dered establishing ineligibility for status under 

19 section 245B, 245C, or 245D. 

20 ‘‘(3) RECORD FOR REVIEW.—Administrative ap21 pellate review under paragraph (2) shall be de novo 

22 and based solely upon— 

23 ‘‘(A) the administrative record established 

24 at the time of the determination on the applica25 tion; and 


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1 ‘‘(B) any additional newly discovered or 

2 previously unavailable evidence. 

3 ‘‘(4) UNLAWFUL PRESENCE.—During the pe4 riod in which an alien may request administrative 

5 review under this subsection, and during the period 

6 that any such review is pending, the alien shall not 

7 be considered ‘unlawfully present in the United 

8 States’ for purposes of section 212(a)(9)(B). 

9 ‘‘(d) PRIVACY AND CIVIL LIBERTIES.— 

10 ‘‘(1) IN GENERAL.—The Secretary, in accord11 ance with subsection (a)(1), shall require appro12 priate administrative and physical safeguards to pro13 tect the security, confidentiality, and integrity of 

14 personally identifiable information collected, main15 tained, and disseminated pursuant to sections 245B, 

16 245C, and 245D. 

17 ‘‘(2) ASSESSMENTS.—Notwithstanding the pri18 vacy requirements set forth in section 222 of the 

19 Homeland Security Act (6 U.S.C. 142) and the E– 

20 Government Act of 2002 (Public Law 107–347), the 

21 Secretary shall conduct a privacy impact assessment 

22 and a civil liberties impact assessment of the legal23 ization program established under sections 245B, 

24 245C, and 245D during the pendency of the interim 

25 final regulations required to be issued under section 


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1 2110 of the Border Security, Economic Opportunity, 

2 and Immigration Modernization Act.’’. 

3 (b) JUDICIAL REVIEW.—Section 242 (8 U.S.C. 1252) 

4 is amended— 

5 (1) in subsection (a)(2)— 

6 (A) in subparagraph (B), by inserting ‘‘the 

7 exercise of discretion arising under’’ after ‘‘no 

8 court shall have jurisdiction to review’’; 

9 (B) in subparagraph (D), by striking 

10 ‘‘raised upon a petition for review filed with an 

11 appropriate court of appeals in accordance with 

12 this section’’; 

13 (2) in subsection (b)(2), by inserting ‘‘or, in the 

14 case of a decision rendered under section 245E(c), 

15 in the judicial circuit in which the petitioner resides’’ 

16 after ‘‘proceedings’’; and 

17 (3) by adding at the end the following: 

18 ‘‘(h) JUDICIAL REVIEW OF ELIGIBILITY DETERMINA19 TIONS RELATING TO STATUS UNDER CHAPTER 5.— 

20 ‘‘(1) DIRECT REVIEW.—If an alien’s application 

21 under section 245B, 245C, 245D, or 245F or sec22 tion 2211 of the Agricultural Worker Program Act 

23 of 2013 is denied, or is revoked after the exhaustion 

24 of administrative appellate review under section 

25 245E(c), the alien may seek review of such decision, 


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1 in accordance with chapter 7 of title 5, United 

2 States Code, before the United States district court 

3 for the district in which the person resides. 

4 ‘‘(2) STATUS DURING REVIEW.—While a review 

5 described in paragraph (1) is pending— 

6 ‘‘(A) the alien shall not be deemed to ac7 crue unlawful presence for purposes of section 

8 212(a)(9); 

9 ‘‘(B) any unexpired grant of voluntary de10 parture under section 240B shall be tolled; and 

11 ‘‘(C) the court shall have the discretion to 

12 stay the execution of any order of exclusion, de13 portation, or removal. 

14 ‘‘(3) REVIEW AFTER REMOVAL PRO15 CEEDINGS.—An alien may seek judicial review of a 

16 denial or revocation of approval of the alien’s appli17 cation under section 245B, 245C, or 245D in the 

18 appropriate United States court of appeal in con19 junction with the judicial review of an order of re20 moval, deportation, or exclusion if the validity of the 

21 denial has not been upheld in a prior judicial pro22 ceeding under paragraph (1). 

23 ‘‘(4) STANDARD FOR JUDICIAL REVIEW.— 

24 ‘‘(A) BASIS.—Judicial review of a denial, 

25 or revocation of an approval, of an application 


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1 under section 245B, 245C, or 245D shall be 

2 based upon the administrative record estab3 lished at the time of the review. 

4 ‘‘(B) AUTHORITY TO REMAND.—The re5 viewing court may remand a case under this 

6 subsection to the Secretary for consideration of 

7 additional evidence if the court finds that— 

8 ‘‘(i) the additional evidence is mate9 rial; and 

10 ‘‘(ii) there were reasonable grounds 

11 for failure to adduce the additional evi12 dence before the Secretary. 

13 ‘‘(C) SCOPE OF REVIEW.—Notwithstanding 

14 any other provision of law, judicial review of all 

15 questions arising from a denial, or revocation of 

16 an approval, of an application under section 

17 245B, 245C, or 245D shall be governed by the 

18 standard of review set forth in section 706 of 

19 title 5, United States Code. 

20 ‘‘(5) REMEDIAL POWERS.— 

21 ‘‘(A) JURISDICTION.—Notwithstanding any 

22 other provision of law, the United States dis23 trict courts shall have jurisdiction over any 

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1 mentation of the Border Security, Economic 

2 Opportunity, and Immigration Modernization 

3 Act, or the amendments made by such Act, that 

4 is arbitrary, capricious, or otherwise contrary to 

5 law. 

6 ‘‘(B) SCOPE OF RELIEF.—The United 

7 States district courts may order any appro8 priate relief in a clause or claim described in 

9 subparagraph (A) without regard to exhaustion, 

10 ripeness, or other standing requirements (other 

11 than constitutionally mandated requirements), 

12 if the court determines that— 

13 ‘‘(i) the resolution of such cause or 

14 claim will serve judicial and administrative 

15 efficiency; or 

16 ‘‘(ii) a remedy would otherwise not be 

17 reasonably available or practicable. 

18 ‘‘(6) CHALLENGES TO THE VALIDITY OF THE

19 SYSTEM.— 

20 ‘‘(A) IN GENERAL.—Except as provided in 

21 paragraph (5), any claim that section 245B, 

22 245C, 245D, or 245E or any regulation, writ23 ten policy, or written directive, issued or un24 written policy or practice initiated by or under 

25 the authority of the Secretary to implement 


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1 such sections, violates the Constitution of the 

2 United States or is otherwise in violation of law 

3 is available exclusively in an action instituted in 

4 United States District Court in accordance with 

5 the procedures prescribed in this paragraph. 

6 ‘‘(B) SAVINGS PROVISION.—Except as pro7 vided in subparagraph (C), nothing in subpara8 graph (A) may be construed to preclude an ap9 plicant under 245B, 245C, or 245D from as10 serting that an action taken or a decision made 

11 by the Secretary with respect to the applicant’s 

12 status was contrary to law. 

13 ‘‘(C) CLASS ACTIONS.—Any claim de14 scribed in subparagraph (A) that is brought as 

15 a class action shall be brought in conformity 

16 with— 

17 ‘‘(i) the Class Action Fairness Act of 

18 2005 (Public Law 109–2); and 

19 ‘‘(ii) the Federal Rules of Civil Proce20 dure. 

21 ‘‘(D) PRECLUSIVE EFFECT.—The final dis22 position of any claim brought under subpara23 graph (A) shall be preclusive of any such claim 

24 asserted by the same individual in a subsequent 

25 proceeding under this subsection. 


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1 ‘‘(E) EXHAUSTION AND STAY OF PRO2 CEEDINGS.— 

3 ‘‘(i) IN GENERAL.—No claim brought 

4 under this paragraph shall require the 

5 plaintiff to exhaust administrative rem6 edies under section 245E(c). 

7 ‘‘(ii) STAY AUTHORIZED.—Nothing in 

8 this paragraph may be construed to pre9 vent the court from staying proceedings 

10 under this paragraph to permit the Sec11 retary to evaluate an allegation of an un12 written policy or practice or to take correc13 tive action. In determining whether to 

14 issue such a stay, the court shall take into 

15 account any harm the stay may cause to 

16 the claimant.’’. 

17 (c) RULE OF CONSTRUCTION.—Section 244(h) of the 

18 Immigration and Nationality Act (8 U.S.C. 1254a(h)) 

19 shall not limit the authority of the Secretary to adjust the 

20 status of an alien under section 245C or 245D of the Im21 migration and Nationality Act, as added by this subtitle. 

22 (d) EFFECT OF FAILURE TO REGISTER ON ELIGI23 BILITY FOR IMMIGRATION BENEFITS.—Failure to comply 

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1 ments based on such section for acts committed before the 

2 date of the enactment of this Act shall not affect the eligi3 bility of an alien to apply for a benefit under the Immigra4 tion and Nationality Act (8 U.S.C. 1101 et seq.). 

5 (e) CLERICAL AMENDMENT.—The table of contents 

6 is amended by inserting after the item relating to section 

7 245A the following: 

‘‘Sec. 245E. Additional requirements relating to registered provisional immigrants and others.’’. 

8 SEC. 2105. CRIMINAL PENALTY. 

9 (a) IN GENERAL.—Chapter 69 of title 18, United 

10 States Code, is amended by adding at the end the fol11 lowing: 

12 ‘‘§ 1430. Improper use of information relating to reg13 istered provisional immigrant applica14 tions 

15 ‘‘Any person who knowingly uses, publishes, or per16 mits information described in section 245E(a) of the Im17 migration and Nationality Act to be examined in violation 

18 of such section shall be fined not more than $10,000.’’. 

19 (b) DEPOSIT OF FINES.—All criminal penalties col20 lected under section 1430 of title 18, United States Code, 

21 as added by subsection (a), shall be deposited into the 

22 Comprehensive Immigration Reform Trust Fund estab23 lished under section 9(a)(1). 


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1 (c) CLERICAL AMENDMENT.—The table of sections 

2 in chapter 69 of title 18, United States Code, is amended 

3 by adding at the end the following: 

‘‘1430. Improper use of information relating to registered provisional immigrant 

applications.’’. 

4 SEC. 2106. GRANT PROGRAM TO ASSIST ELIGIBLE APPLI5 CANTS. 

6 (a) ESTABLISHMENT.—The Secretary may establish, 

7 within U.S. Citizenship and Immigration Services, a pro8 gram to award grants, on a competitive basis, to eligible 

9 nonprofit organizations that will use the funding to assist 

10 eligible applicants under section 245B, 245C, 245D, or 

11 245F of the Immigration and Nationality Act or section 

12 2211 of this Act by providing them with the services de13 scribed in subsection (c). 

14 (b) ELIGIBLE NONPROFIT ORGANIZATION.—The 

15 term ‘‘eligible nonprofit organization’’ means a nonprofit, 

16 tax-exempt organization, including a community, faith17 based or other immigrant-serving organization, whose 

18 staff has demonstrated qualifications, experience, and ex19 pertise in providing quality services to immigrants, refu20 gees, persons granted asylum, or persons applying for 

21 such statuses. 

22 (c) USE OF FUNDS.—Grant funds awarded under 

23 this section may be used for the design and implementa24 tion of programs that provide— 


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1 (1) information to the public regarding the eli2 gibility and benefits of registered provisional immi3 grant status authorized under section 245B of the 

4 Immigration and Nationality Act and blue card sta5 tus authorized under section 2211, particularly to 

6 individuals potentially eligible for such status; 

7 (2) assistance, within the scope of authorized 

8 practice of immigration law, to individuals submit9 ting applications for registered provisional immi10 grant status or blue card status, including— 

11 (A) screening prospective applicants to as12 sess their eligibility for such status; 

13 (B) completing applications and petitions, 

14 including providing assistance in obtaining the 

15 requisite documents and supporting evidence; 

16 (C) applying for any waivers for which ap17 plicants and qualifying family members may be 

18 eligible; and 

19 (D) providing any other assistance that the 

20 Secretary or grantees consider useful or nec21 essary to apply for registered provisional immi22 grant status or blue card status; 

23 (3) assistance, within the scope of authorized 

24 practice of immigration law, to individuals seeking to 

25 adjust their status to that of an alien admitted for 


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1 permanent residence under section 245C or 245F of 

2 the Immigration and Nationality Act; and 

3 (4) assistance, within the scope of authorized 

4 practice of immigration law, and instruction, to indi5 viduals— 

6 (A) on the rights and responsibilities of 

7 United States citizenship; 

8 (B) in civics and civics-based English as a 

9 second language; and 

10 (C) in applying for United States citizen11 ship. 

12 (d) SOURCE OF GRANT FUNDS.— 

13 (1) APPLICATION FEES.—The Secretary may 

14 use up to $50,000,000 from the Comprehensive Im15 migration Reform Trust Fund established under sec16 tion 9(a)(1) to carry out this section. 

17 (2) AUTHORIZATION OF APPROPRIATIONS.— 

18 (A) AMOUNTS AUTHORIZED.—In addition 

19 to the amounts made available under paragraph 

20 (1), there are authorized to be appropriated 

21 such sums as may be necessary for each of the 

22 fiscal years 2014 through 2018 to carry out 

23 this section. 


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1 (B) AVAILABILITY.—Any amounts appro2 priated pursuant to subparagraph (A) shall re3 main available until expended. 

4 SEC. 2107. CONFORMING AMENDMENTS TO THE SOCIAL SE5 CURITY ACT. 

6 (a) CORRECTION OF SOCIAL SECURITY RECORDS.— 

7 (1) IN GENERAL.—Section 208(e)(1) of the So8 cial Security Act (42 U.S.C. 408(e)(1)) is amend9 ed— 

10 (A) in subparagraph (B)(ii), by striking 

11 ‘‘or’’ at the end; 

12 (B) in subparagraph (C), by striking the 

13 comma at the end and inserting a semicolon; 

14 (C) by inserting after subparagraph (C) 

15 the following: 

16 ‘‘(D) who is granted status as a registered 

17 provisional immigrant under section 245B or 

18 245D of the Immigration and Nationality Act; 

19 or 

20 ‘‘(E) whose status is adjusted to that of 

21 lawful permanent resident under section 245C 

22 of the Immigration and Nationality Act,’’; and 

23 (D) in the undesignated matter at the end, 

24 by inserting ‘‘, or in the case of an alien de25 scribed in subparagraph (D) or (E), if such 


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1 conduct is alleged to have occurred before the 

2 date on which the alien submitted an applica3 tion under section 245B of such Act for classi4 fication as a registered provisional immigrant’’ 

5 before the period at the end. 

6 (2) EFFECTIVE DATE.—The amendments made 

7 by paragraph (1) shall take effect on the first day 

8 of the tenth month that begins after the date of the 

9 enactment of this Act. 

10 (b) STATE DISCRETION REGARDING TERMINATION

11 OF PARENTAL RIGHTS.— 

12 (1) IN GENERAL.—A compelling reason for a 

13 State not to file (or to join in the filing of) a petition 

14 to terminate parental rights under section 475(5)(E) 

15 of the Social Security Act (42 U.S.C. 675(5)(E)) 

16 shall include— 

17 (A) the removal of the parent from the 

18 United States, unless the parent is unfit or un19 willing to be a parent of the child; or 

20 (B) the involvement of the parent in (in21 cluding detention pursuant to) an immigration 

22 proceeding, unless the parent is unfit or unwill23 ing to be a parent of the child. 

24 (2) CONDITIONS.—Before a State may file to 

25 terminate the parental rights under such section 


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1 475(5)(E), the State (or the county or other political 

2 subdivision of the State, as applicable) shall make 

3 reasonable efforts— 

4 (A) to identify, locate, and contact (includ5 ing, if appropriate, through the diplomatic or 

6 consular offices of the country to which the par7 ent was removed or in which a parent or rel8 ative resides)— 

9 (i) any parent of the child who is in 

10 immigration detention; 

11 (ii) any parent of the child who has 

12 been removed from the United States; and 

13 (iii) if possible, any potential adult 

14 relative of the child (as described in section 

15 471(a)(29)); 

16 (B) to notify such parent or relative of the 

17 intent of the State (or the county or other polit18 ical subdivision of the State, as applicable) to 

19 file (or to join in the filing of) a petition re20 ferred to in paragraph (1); or 

21 (C) to reunify the child with any such par22 ent or relative; and 

23 (D) to provide and document appropriate 

24 services to the parent or relative. 


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1 (3) CONFORMING AMENDMENT.—Section 

2 475(5)(E)(ii) of the Social Security Act (42 U.S.C. 

3 675(5)(E)) is amended by inserting ‘‘, including the 

4 reason set forth in section 2107(b)(1) of the Border 

5 Security, Economic Opportunity, and Immigration 

6 Modernization Act’’ after ‘‘child’’. 

7 (c) CHILDREN SEPARATED FROM PARENTS AND

8 CAREGIVERS.— 

9 (1) STATE PLAN FOR FOSTER CARE AND ADOP10 TION ASSISTANCE.—Section 471(a) of the Social Se11 curity Act (42 U.S.C. 671(a)) is amended— 

12 (A) by amending paragraph (19) to read 

13 as follows: 

14 ‘‘(19) provides that the State shall give pref15 erence to an adult relative over a nonrelated care16 giver when determining a placement for a child if— 

17 ‘‘(A) the relative caregiver meets all rel18 evant State child protection standards; and 

19 ‘‘(B) the standards referred to in subpara20 graph (A) ensure that the immigration status 

21 alone of a parent, legal guardian, or relative 

22 shall not disqualify the parent, legal guardian, 

23 or relative from being a placement for a child;’’; 

24 and 


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1 (B) in paragraph (32), by striking ‘‘and’’ 

2 at the end; 

3 (C) in paragraph (33), by striking the pe4 riod at the end and inserting ‘‘; and’’; and 

5 (D) by adding at the end the following: 

6 ‘‘(34) provides that the State shall— 

7 ‘‘(A) ensure that the case manager for a 

8 separated child is capable of communicating in 

9 the native language of such child and of the 

10 family of such child, or an interpreter who is so 

11 capable is provided to communicate with such 

12 child and the family of such child at no cost to 

13 the child or to the family of such child; 

14 ‘‘(B) coordinate with the Department of 

15 Homeland Security to ensure that parents who 

16 wish for their child to accompany them to their 

17 country of origin are given adequate time and 

18 assistance to obtain a passport and visa, and to 

19 collect all relevant vital documents, such as 

20 birth certificate, health, and educational records 

21 and other information; 

22 ‘‘(C) coordinate with State agencies re23 garding alternate documentation requirements 

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1 based check for a caregiver that does not have 

2 Federal or State-issued identification; 

3 ‘‘(D) preserve, to the greatest extent prac4 ticable, the privacy and confidentiality of all in5 formation gathered in the course of admin6 istering the care, custody, and placement of, 

7 and follow up services provided to, a separated 

8 child, consistent with the best interest of such 

9 child, by not disclosing such information to 

10 other government agencies or persons (other 

11 than a parent, legal guardian, or relative care12 giver or such child), except that the head of the 

13 State agency (or the county or other political 

14 subdivision of the State, as applicable) may dis15 close such information, after placing a written 

16 record of the disclosure in the file of the child— 

17 ‘‘(i) to a consular official for the pur18 pose of reunification of a child with a par19 ent, legal guardian, or relative caregiver 

20 who has been removed or is involved in an 

21 immigration proceeding, unless the child 

22 has refused contact with, or the sharing of 

23 personal or identifying information with, 

24 the government of his or her country of or25 igin; 


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1 ‘‘(ii) when authorized to do so by the 

2 child (if the child has attained 18 years of 

3 age) if the disclosure is consistent with the 

4 best interest of the child; or 

5 ‘‘(iii) to a law enforcement agency if 

6 the disclosure would prevent imminent and 

7 serious harm to another individual; and 

8 ‘‘(E) not less frequently than annually, 

9 compile, update, and publish a list of entities in 

10 the State that are qualified to provide legal rep11 resentation services for a separated child, in a 

12 language such that a child can read and under13 stand.’’. 

14 (2) ADDITIONAL INFORMATION TO BE IN15 CLUDED IN CASE PLAN.—Section 475 of such Act 

16 (42 U.S.C. 675) is amended— 

17 (A) in paragraph (1), by adding at the end 

18 the following: 

19 ‘‘(H) In the case of a separated child with 

20 respect to whom the State plan requires the 

21 State to provide services under section 

22 471(a)(34)— 

23 ‘‘(i) the location of the parent or legal 

24 guardian described in paragraph (9)(A) 


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1 from whom the child has been separated; 

2 and 

3 ‘‘(ii) a written record of each disclo4 sure to a government agency or person 

5 (other than such a parent, legal guardian, 

6 or relative) of information gathered in the 

7 course of tracking the care, custody, and 

8 placement of, and follow-up services pro9 vided to, the child.’’; and 

10 (B) by adding at the end the following: 

11 ‘‘(9) The term ‘separated child’ means an indi12 vidual who— 

13 ‘‘(A) has a parent or legal guardian who 

14 has been— 

15 ‘‘(i) detained by a Federal, State, or 

16 local law enforcement agency in the en17 forcement of an immigration law; or 

18 ‘‘(ii) removed from the United States 

19 as a result of a violation of such a law; and 

20 ‘‘(B) is in foster care under the responsi21 bility of a State.’’. 

22 (3) EFFECTIVE DATE.—The amendments made 

23 by this subsection shall take effect on the 1st day 

24 of the 1st calendar quarter that begins after the 1- 


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1 year period that begins on the date of the enactment 

2 of this Act. 

3 SEC. 2108. GOVERNMENT CONTRACTING AND ACQUISITION 

4 OF REAL PROPERTY INTEREST. 

5 (a) EXEMPTION FROM GOVERNMENT CONTRACTING

6 AND HIRING RULES.— 

7 (1) IN GENERAL.—A determination by a Fed8 eral agency to use a procurement competition ex9 emption under section 253(c) of title 41, United 

10 States Code, or to use the authority granted in para11 graph (2), for the purpose of implementing this title 

12 and the amendments made by this title is not sub13 ject to challenge by protest to the Government Ac14 countability Office under sections 3551 and 3556 of 

15 title 31, United States Code, or to the Court of Fed16 eral Claims, under section 1491 of title 28, United 

17 States Code. An agency shall immediately advise the 

18 Congress of the exercise of the authority granted 

19 under this paragraph. 

20 (2) GOVERNMENT CONTRACTING EXEMPTION.— 

21 The competition requirement under section 253(a) 

22 of title 41, United States Code, may be waived or 

23 modified by a Federal agency for any procurement 

24 conducted to implement this title or the amendments 


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1 made by this title if the senior procurement execu2 tive for the agency conducting the procurement— 

3 (A) determines that the waiver or modi4 fication is necessary; and 

5 (B) submits an explanation for such deter6 mination to the Committee on Homeland Secu7 rity and Governmental Affairs of the Senate 

8 and the Committee on Homeland Security of 

9 the House of Representatives. 

10 (3) HIRING RULES EXEMPTION.—Notwith11 standing any other provision of law, the Secretary is 

12 authorized to make term, temporary limited, and 

13 part-time appointments of employees who will imple14 ment this title and the amendments made by this 

15 title without regard to the number of such employ16 ees, their ratio to permanent full-time employees, 

17 and the duration of their employment. Nothing in 

18 chapter 71 of title 5, United States Code, shall af19 fect the authority of any Department management 

20 official to hire term, temporary limited or part-time 

21 employees under this paragraph. 

22 (b) AUTHORITY TO WAIVE ANNUITY LIMITATIONS.— 

23 Section 824(g)(2)(B) of the Foreign Service Act of 1980 

24 (22 U.S.C. 4064(g)(2)(B)) is amended by striking ‘‘2009’’ 

25 and inserting ‘‘2017’’. 


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1 (c) AUTHORITY TO ACQUIRE LEASEHOLDS.—Not2 withstanding any other provision of law, the Secretary 

3 may acquire a leasehold interest in real property, and may 

4 provide in a lease entered into under this subsection for 

5 the construction or modification of any facility on the 

6 leased property, if the Secretary determines that the ac7 quisition of such interest, and such construction or modi8 fication, are necessary in order to facilitate the implemen9 tation of this title and the amendments made by this title. 

10 SEC. 2109. LONG-TERM LEGAL RESIDENTS OF THE COM11 MONWEALTH OF THE NORTHERN MARIANA 

12 ISLANDS. 

13 Section (6)(e) of the Joint Resolution entitled ‘‘A 

14 Joint Resolution to approve the ‘Covenant to Establish a 

15 Commonwealth of the Northern Mariana Islands in Polit16 ical Union with the United States of America’, and for 

17 other purposes’’, approved March 24, 1976 (48 U.S.C. 

18 1806(e)), as added by section 702 of the Consolidated 

19 Natural Resources Act of 2008 (Public Law 110–229; 122 

20 Stat. 854), is amended by adding at the end the following: 

21 ‘‘(6) SPECIAL PROVISION REGARDING LONG22 TERM RESIDENTS OF THE COMMONWEALTH.— 

23 ‘‘(A) CNMI-ONLY RESIDENT STATUS.— 

24 Notwithstanding paragraph (1), an alien de25 scribed in subparagraph (B) may, upon the apVerDate Mar 15 2010 00:25 Oct 04, 2013 Jkt 039200 PO 00000 Frm 00224 Fmt 6652 Sfmt 6201 E:\BILLS\H15.IH H15

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1 plication of the alien, be admitted as an immi2 grant to the Commonwealth subject to the fol3 lowing rules: 

4 ‘‘(i) The alien shall be treated as an 

5 immigrant lawfully admitted for permanent 

6 residence in the Commonwealth only, in7 cluding permitting entry to and exit from 

8 the Commonwealth, until the earlier of the 

9 date on which— 

10 ‘‘(I) the alien ceases to perma11 nently reside in the Commonwealth; 

12 or 

13 ‘‘(II) the alien’s status is ad14 justed under this paragraph or section 

15 245 of the Immigration and Nation16 ality Act (8 U.S.C. 1255) to that of 

17 an alien lawfully admitted for perma18 nent residence in accordance with all 

19 applicable eligibility requirements. 

20 ‘‘(ii) The Secretary of Homeland Se21 curity shall establish a process for such 

22 aliens to apply for CNMI-only permanent 

23 resident status during the 90-day period 

24 beginning on the first day of the sixth 


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1 month after the date of the enactment of 

2 this paragraph. 

3 ‘‘(iii) Nothing in this subparagraph 

4 may be construed to provide any alien 

5 granted status under this subparagraph 

6 with public assistance to which the alien is 

7 not otherwise entitled. 

8 ‘‘(B) ALIENS DESCRIBED.—An alien is de9 scribed in this subparagraph if the alien— 

10 ‘‘(i) is lawfully present in the Com11 monwealth under the immigration laws of 

12 the United States; 

13 ‘‘(ii) is otherwise admissible to the 

14 United States under the Immigration and 

15 Nationality Act (8 U.S.C. 1101 et seq.); 

16 ‘‘(iii) resided continuously and law17 fully in the Commonwealth from November 

18 28, 2009, through the date of the enact19 ment of this paragraph; 

20 ‘‘(iv) is not a citizen of the Republic 

21 of the Marshall Islands, the Federated 

22 States of Micronesia, or the Republic of 

23 Palau; and 


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1 ‘‘(v)(I) was born in the Northern 

2 Mariana Islands between January 1, 1974 

3 and January 9, 1978; 

4 ‘‘(II) was, on May 8, 2008, and con5 tinues to be as of the date of the enact6 ment of this paragraph, a permanent resi7 dent (as defined in section 4303 of title 3 

8 of the Northern Mariana Islands Common9 wealth Code, in effect on May 8, 2008); 

10 ‘‘(III) is the spouse or child (as de11 fined in section 101(b)(1) of the Immigra12 tion and Nationality Act (8 U.S.C. 

13 1101(b)(1))), of an alien described in sub14 clauses (I) or (II); 

15 ‘‘(IV) was, on May 8, 2008, an imme16 diate relative (as defined in section 4303 of 

17 title 3 of the Northern Mariana Islands 

18 Commonwealth Code, in effect on May 8, 

19 2008, of a United States citizen, notwith20 standing the age of the United States cit21 izen, and continues to be such an imme22 diate relative on the date of the application 

23 described in subparagraph (A); 

24 ‘‘(V) resided in the Northern Mariana 

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1 wealth immigration law for at least 5 years 

2 before May 8, 2008 and is presently resi3 dent under CW–1 status; or 

4 ‘‘(VI) is the spouse or child (as de5 fined in section 101(b)(1) of the Immigra6 tion and Nationality Act (8 U.S.C. 

7 1101(b)(1))), of the alien guest worker de8 scribed in subclause (V) and is presently 

9 resident under CW–2 status. 

10 ‘‘(C) ADJUSTMENT FOR LONG TERM AND

11 PERMANENT RESIDENTS.—Beginning on the 

12 date that is 5 years after the date of the enact13 ment of the Border Security, Economic Oppor14 tunity, and Immigration Modernization Act, an 

15 alien described in subparagraph (B) may apply 

16 to receive an immigrant visa or to adjust his or 

17 her status to that of an alien lawfully admitted 

18 for permanent residence.’’. 

19 SEC. 2110. RULEMAKING. 

20 (a) IN GENERAL.—Not later than 1 year after the 

21 date of the enactment of this Act, the Secretary, the Attor22 ney General, and the Secretary of State separately shall 

23 issue interim final regulations to implement this subtitle 

24 and the amendments made by this subtitle, which shall 


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1 take effect immediately upon publication in the Federal 

2 Register. 

3 (b) APPLICATION PROCEDURES; PROCESSING FEES; 

4 DOCUMENTATION.—The interim final regulations issued 

5 under subsection (a) shall include— 

6 (1) the procedures by which an alien, and the 

7 dependent spouse and children of such alien may 

8 apply for status under section 245B of the Immigra9 tion and Nationality Act, as added by section 2101 

10 of this Act, as a registered provisional immigrant or 

11 a registered provisional immigrant dependent, as ap12 plicable, including the evidence required to dem13 onstrate eligibility for such status or to be included 

14 in each application for such status; 

15 (2) the criteria to be used by the Secretary to 

16 determine— 

17 (A) the maximum processing fee payable 

18 under sections 245B(c)(10)(B) and 

19 245C(c)(5)(A) of such Act by a family, includ20 ing spouses and unmarried children younger 

21 than 21 years of age; and 

22 (B) which individuals will be exempt from 

23 such fees; 


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1 (3) the documentation required to be submitted 

2 by the applicant to demonstrate compliance with sec3 tion 245C(b)(3) of such Act; and 

4 (4) the procedures for a registered provisional 

5 immigrant to apply for adjustment of status under 

6 section 245C or 245D of such Act, including the evi7 dence required to be submitted with such application 

8 to demonstrate the applicant’s eligibility for such ad9 justment. 

10 (c) EXEMPTION FROM NATIONAL ENVIRONMENTAL

11 POLICY ACT.—Any decision by the Secretary concerning 

12 any rulemaking action, plan, or program described in this 

13 section shall not be considered to be a major Federal ac14 tion subject to review under the National Environmental 

15 Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

16 SEC. 2111. STATUTORY CONSTRUCTION. 

17 Except as specifically provided, nothing in this sub18 title, or any amendment made by this subtitle, may be con19 strued to create any substantive or procedural right or 

20 benefit that is legally enforceable by any party against the 

21 United States or its agencies or officers or any other per22 son. 


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1 Subtitle B—Agricultural Worker 

2 Program 

3 SEC. 2201. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Agricultural Work5 er Program Act of 2013’’. 

6 SEC. 2202. DEFINITIONS. 

7 In this subtitle: 

8 (1) BLUE CARD STATUS.—The term ‘‘blue card 

9 status’’ means the status of an alien who has been 

10 lawfully admitted into the United States for tem11 porary residence under section 2211. 

12 (2) AGRICULTURAL EMPLOYMENT.—The term 

13 ‘‘agricultural employment’’ has the meaning given 

14 such term in section 3 of the Migrant and Seasonal 

15 Agricultural Worker Protection Act (29 U.S.C. 

16 1802), without regard to whether the specific service 

17 or activity is temporary or seasonal. 

18 (3) CHILD.—The term ‘‘child’’ has the meaning 

19 given the term in section 101(b)(1) of the Immigra20 tion and Nationality Act (8 U.S.C. 1101(b)(1)). 

21 (4) EMPLOYER.—The term ‘‘employer’’ means 

22 any person or entity, including any farm labor con23 tractor and any agricultural association, that em24 ploys workers in agricultural employment. 


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1 (5) QUALIFIED DESIGNATED ENTITY.—The 

2 term ‘‘qualified designated entity’’ means— 

3 (A) a qualified farm labor organization or 

4 an association of employers designated by the 

5 Secretary; or 

6 (B) any other entity that the Secretary 

7 designates as having substantial experience, 

8 demonstrated competence, and a history of 

9 long-term involvement in the preparation and 

10 submission of application for adjustment of sta11 tus under title II of the Immigration and Na12 tionality Act (8 U.S.C. 1151 et seq.). 

13 (6) WORK DAY.—The term ‘‘work day’’ means 

14 any day in which the individual is employed 5.75 or 

15 more hours in agricultural employment. 

16 CHAPTER 1—PROGRAM FOR EARNED STA17 TUS ADJUSTMENT OF AGRICULTURAL 

18 WORKERS 

19 Subchapter A—Blue Card Status 

20 SEC. 2211. REQUIREMENTS FOR BLUE CARD STATUS. 

21 (a) REQUIREMENTS FOR BLUE CARD STATUS.—Not22 withstanding any other provision of law, the Secretary, 

23 after conducting the national security and law enforce24 ment clearances required under section 245B(c)(4), may 

25 grant blue card status to an alien who— 


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1 (1)(A) performed agricultural employment in 

2 the United States for not fewer than 575 hours or 

3 100 work days during the 2-year period ending on 

4 December 31, 2012; or 

5 (B) is the spouse or child of an alien described 

6 in subparagraph (A) and was physically present in 

7 the United States on or before December 31, 2012, 

8 and has maintained continuous presence in the 

9 United States from that date until the date on which 

10 the alien is granted blue card status, with the excep11 tion of absences from the United States that are 

12 brief, casual, and innocent, whether or not such ab13 sences were authorized by the Secretary; 

14 (2) submits a completed application before the 

15 end of the period set forth in subsection (b)(2); and 

16 (3) is not ineligible under paragraph (3) or (4) 

17 of section 245B(b) of the Immigration and Nation18 ality Act (other than a nonimmigrant alien admitted 

19 to the United States for agricultural employment de20 scribed in section 101(a)(15)(H)(ii)(a) of such Act. 

21 (b) APPLICATION.— 

22 (1) IN GENERAL.—An alien who meets the eli23 gibility requirements set forth in subsection (a)(1), 

24 may apply for blue card status and that alien’s 

25 spouse or child may apply for blue card status as a 


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1 dependent, by submitting a completed application 

2 form to the Secretary during the application period 

3 set forth in paragraph (2) in accordance with the 

4 final rule promulgated by the Secretary pursuant to 

5 subsection (e). 

6 (2) SUBMISSION.—The Secretary shall provide 

7 that the alien shall be able to submit an application 

8 under paragraph (1)— 

9 (A) if the applicant is represented by an 

10 attorney or a nonprofit religious, charitable, so11 cial service, or similar organization recognized 

12 by the Board of Immigration Appeals under 

13 section 292.2 of title 8, Code of Federal Regu14 lations; or 

15 (B) to a qualified entity if the applicant 

16 consents to the forwarding of the application to 

17 the Secretary. 

18 (3) APPLICATION PERIOD.— 

19 (A) INITIAL PERIOD.—Except as provided 

20 in subparagraph (B), the Secretary may only 

21 accept applications for blue card status for a 1- 

22 year period from aliens in the United States be23 ginning on the date on which the final rule is 

24 published in the Federal Register pursuant to 

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1 immigrants who have participated in the H–2A 

2 Program may apply from outside of the United 

3 States. 

4 (B) EXTENSION.—If the Secretary deter5 mines, during the initial period described in 

6 subparagraph (A), that additional time is re7 quired to process applications for blue card sta8 tus or for other good cause, the Secretary may 

9 extend the period for accepting applications for 

10 an additional 18 months. 

11 (4) APPLICATION FORM.— 

12 (A) REQUIRED INFORMATION.—The appli13 cation form referred to in paragraph (1) shall 

14 collect such information as the Secretary deter15 mines necessary and appropriate. 

16 (B) FAMILY APPLICATION.—The Secretary 

17 shall establish a process through which an alien 

18 may submit a single application under this sec19 tion on behalf of the alien, his or her spouse, 

20 and his or her children, who are residing in the 

21 United States. 

22 (C) INTERVIEW.—The Secretary may 

23 interview applicants for blue card status to de24 termine whether they meet the eligibility re25 quirements set forth in subsection (a)(1). 


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1 (5) ALIENS APPREHENDED BEFORE OR DURING

2 THE APPLICATION PERIOD.—If an alien, who is ap3 prehended during the period beginning on the date 

4 of the enactment of this Act and ending on the ap5 plication period described in paragraph (3), appears 

6 prima facie eligible for blue card status, the Sec7 retary— 

8 (A) shall provide the alien with a reason9 able opportunity to file an application under 

10 this section during such application period; and 

11 (B) may not remove the individual until a 

12 final administrative determination is made on 

13 the application. 

14 (6) SUSPENSION OF REMOVAL DURING APPLI15 CATION PERIOD.— 

16 (A) PROTECTION FROM DETENTION OR

17 REMOVAL.—An alien granted blue card status 

18 may not be detained by the Secretary or re19 moved from the United States unless— 

20 (i) such alien is, or has become, ineli21 gible for blue card status; or 

22 (ii) the alien’s blue card status has 

23 been revoked. 

24 (B) ALIENS IN REMOVAL PROCEEDINGS.— 

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1 migration and Nationality Act (8 U.S.C. 1101 

2 et seq.)— 

3 (i) if the Secretary determines that an 

4 alien, during the period beginning on the 

5 date of the enactment of this section and 

6 ending on the last day of the application 

7 period described in paragraph (2), is in re8 moval, deportation, or exclusion pro9 ceedings before the Executive Office for 

10 Immigration Review and is prima facie eli11 gible for blue card status under this sec12 tion— 

13 (I) the Secretary shall provide 

14 the alien with the opportunity to file 

15 an application for such status; and 

16 (II) upon motion by the Sec17 retary and with the consent of the 

18 alien or upon motion by the alien, the 

19 Executive Office for Immigration Re20 view shall— 

21 (aa) terminate such pro22 ceedings without prejudice to fu23 ture proceedings on any basis; 

24 and 


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1 (bb) provide the alien a rea2 sonable opportunity to apply for 

3 such status; and 

4 (ii) if the Executive Office for Immi5 gration Review determines that an alien, 

6 during the application period described in 

7 paragraph (2), is in removal, deportation, 

8 or exclusion proceedings before the Execu9 tive Office for Immigration Review and is 

10 prima facie eligible for blue card status 

11 under this section— 

12 (I) the Executive Office of Immi13 gration Review shall notify the Sec14 retary of such determination; and 

15 (II) if the Secretary does not dis16 pute the determination of prima facie 

17 eligibility within 7 days after such no18 tification, the Executive Office for Im19 migration Review, upon consent of the 

20 alien, shall— 

21 (aa) terminate such pro22 ceedings without prejudice to fu23 ture proceedings on any basis; 

24 and 


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1 (bb) permit the alien a rea2 sonable opportunity to apply for 

3 such status. 

4 (C) TREATMENT OF CERTAIN ALIENS.— 

5 (i) IN GENERAL.—If an alien who 

6 meets the eligibility requirements set forth 

7 in subsection (a) is present in the United 

8 States and has been ordered excluded, de9 ported, or removed, or ordered to depart 

10 voluntarily from the United States under 

11 any provision of this Act— 

12 (I) notwithstanding such order or 

13 section 241(a)(5) of the Immigration 

14 and Nationality Act (8 U.S.C. 

15 1231(a)(5)), the alien may apply for 

16 blue card status under this section; 

17 and 

18 (II) if the alien is granted such 

19 status, the alien shall file a motion to 

20 reopen the exclusion, deportation, re21 moval, or voluntary departure order, 

22 which motion shall be granted unless 

23 1 or more of the grounds of ineligi24 bility is established by clear and con25 vincing evidence. 


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1 (ii) LIMITATIONS ON MOTIONS TO RE2 OPEN.—The limitations on motions to re3 open set forth in section 240(c)(7) of the 

4 Immigration and Nationality Act (8 U.S.C. 

5 1229a(c)(7)) shall not apply to motions 

6 filed under clause (i)(II). 

7 (D) PERIOD PENDING ADJUDICATION OF

8 APPLICATION.— 

9 (i) IN GENERAL.—During the period 

10 beginning on the date on which an alien 

11 applies for blue card status under this sub12 section and the date on which the Sec13 retary makes a final decision regarding 

14 such application, the alien— 

15 (I) may receive advance parole to 

16 reenter the United States if urgent 

17 humanitarian circumstances compel 

18 such travel; 

19 (II) may not be detained by the 

20 Secretary or removed from the United 

21 States unless the Secretary makes a 

22 prima facie determination that such 

23 alien is, or has become, ineligible for 

24 blue card status; 


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1 (III) shall not be considered un2 lawfully present for purposes of sec3 tion 212(a)(9)(B) of the Immigration 

4 and Nationality Act (8 U.S.C. 

5 1182(a)(9)(B)); and 

6 (IV) shall not be considered an 

7 unauthorized alien (as defined in sec8 tion 274A(h)(3) of the Immigration 

9 and Nationality Act (8 U.S.C. 

10 1324a(h)(3))). 

11 (ii) EVIDENCE OF APPLICATION FIL12 ING.—As soon as practicable after receiv13 ing each application for blue card status, 

14 the Secretary shall provide the applicant 

15 with a document acknowledging the receipt 

16 of such application. 

17 (iii) CONTINUING EMPLOYMENT.—An 

18 employer who knows an alien employee is 

19 an applicant for blue card status or will 

20 apply for such status once the application 

21 period commences is not in violation of sec22 tion 274A(a)(2) of the Immigration and 

23 Nationality Act (8 U.S.C. 1324a(a)(2)) if 

24 the employer continues to employ the alien 


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1 pending the adjudication of the alien em2 ployee’s application. 

3 (iv) EFFECT OF DEPARTURE.—Sec4 tion 101(g) of the Immigration and Na5 tionality Act (8 U.S.C. 1101(g)) shall not 

6 apply to an alien granted— 

7 (I) advance parole under clause 

8 (i)(I) to reenter the United States; or 

9 (II) blue card status. 

10 (7) SECURITY AND LAW ENFORCEMENT CLEAR11 ANCES.— 

12 (A) BIOMETRIC AND BIOGRAPHIC DATA.— 

13 The Secretary may not grant blue card status 

14 to an alien or an alien dependent spouse or 

15 child under this section unless such alien sub16 mits biometric and biographic data in accord17 ance with procedures established by the Sec18 retary. 

19 (B) ALTERNATIVE PROCEDURES.—The 

20 Secretary shall provide an alternative procedure 

21 for applicants who cannot provide the standard 

22 biometric data required under subparagraph 

23 (A) because of a physical impairment. 

24 (C) CLEARANCES.— 


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1 (i) DATA COLLECTION.—The Sec2 retary shall collect, from each alien apply3 ing for status under this section, biometric, 

4 biographic, and other data that the Sec5 retary determines to be appropriate— 

6 (I) to conduct national security 

7 and law enforcement clearances; and 

8 (II) to determine whether there 

9 are any national security or law en10 forcement factors that would render 

11 an alien ineligible for such status. 

12 (ii) PREREQUISITE.—The required 

13 clearances described in clause (i)(I) shall 

14 be completed before the alien may be 

15 granted blue card status. 

16 (8) DURATION OF STATUS.—After the date that 

17 is 8 years after the date regulations are published 

18 under this section, no alien may remain in blue card 

19 status. 

20 (9) FEES AND PENALTIES.— 

21 (A) STANDARD PROCESSING FEE.— 

22 (i) IN GENERAL.—Aliens who are 16 

23 years of age or older and are applying for 

24 blue card status under paragraph (2), or 

25 for an extension of such status, shall pay 


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1 a processing fee to the Department in an 

2 amount determined by the Secretary. 

3 (ii) RECOVERY OF COSTS.—The proc4 essing fee authorized under clause (i) shall 

5 be set at a level that is sufficient to recover 

6 the full costs of processing the application, 

7 including any costs incurred— 

8 (I) to adjudicate the application; 

9 (II) to take and process bio10 metrics; 

11 (III) to perform national security 

12 and criminal checks, including adju13 dication; 

14 (IV) to prevent and investigate 

15 fraud; and 

16 (V) to administer the collection 

17 of such fee. 

18 (iii) AUTHORITY TO LIMIT FEES.— 

19 The Secretary, by regulation, may— 

20 (I) limit the maximum processing 

21 fee payable under this subparagraph 

22 by a family, including spouses and un23 married children younger than 21 

24 years of age; and 


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1 (II) exempt defined classes of in2 dividuals from the payment of the fee 

3 authorized under clause (i). 

4 (B) DEPOSIT AND USE OF PROCESSING

5 FEES.—Fees collected pursuant to subpara6 graph (A)(i)— 

7 (i) shall be deposited into the Immi8 gration Examinations Fee Account pursu9 ant to section 286(m); and 

10 (ii) shall remain available until ex11 pended pursuant to section 286(n). 

12 (C) PENALTY.— 

13 (i) PAYMENT.—In addition to the 

14 processing fee required under subpara15 graph (A), aliens who are 21 years of age 

16 or older and are applying for blue card sta17 tus under paragraph (2) shall pay a $100 

18 penalty to the Department. 

19 (ii) DEPOSIT.—Penalties collected 

20 pursuant to clause (i) shall be deposited 

21 into the Comprehensive Immigration Re22 form Trust Fund established under section 

23 9(a)(1). 

24 (10) ADJUDICATION.— 


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1 (A) FAILURE TO SUBMIT SUFFICIENT EVI2 DENCE.—The Secretary shall deny an applica3 tion submitted by an alien who fails to sub4 mit— 

5 (i) requested initial evidence, includ6 ing requested biometric data; or 

7 (ii) any requested additional evidence 

8 by the date required by the Secretary. 

9 (B) AMENDED APPLICATION.—An alien 

10 whose application for blue card status is denied 

11 under subparagraph (A) may file an amended 

12 application for such status to the Secretary if 

13 the amended application— 

14 (i) is filed within the application pe15 riod described in paragraph (3); and 

16 (ii) contains all the required informa17 tion and fees that were missing from the 

18 initial application. 

19 (11) EVIDENCE OF BLUE CARD STATUS.— 

20 (A) IN GENERAL.—The Secretary shall 

21 issue documentary evidence of blue card status 

22 to each alien whose application for such status 

23 has been approved. 


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1 (B) DOCUMENTATION FEATURES.—Docu2 mentary evidence provided under subparagraph 

3 (A)— 

4 (i) shall be machine-readable and tam5 per-resistant, and shall contain a digitized 

6 photograph; 

7 (ii) shall, during the alien’s authorized 

8 period of admission, and any extension of 

9 such authorized admission, serve as a valid 

10 travel and entry document for the purpose 

11 of applying for admission to the United 

12 States; 

13 (iii) may be accepted during the pe14 riod of its validity by an employer as evi15 dence of employment authorization and 

16 identity under section 274A(b)(1)(B) of 

17 the Immigration and Nationality Act (8 

18 U.S.C. 1324a(b)(1)(B)); and 

19 (iv) shall include such other features 

20 and information as the Secretary may pre21 scribe. 

22 (c) TERMS AND CONDITIONS OF BLUE CARD STA23 TUS.— 

24 (1) CONDITIONS OF BLUE CARD STATUS.— 


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1 (A) EMPLOYMENT.—Notwithstanding any 

2 other provision of law, including section 

3 241(a)(7) of the Immigration and Nationality 

4 Act (8 U.S.C. 1231(a)(7)), an alien with blue 

5 card status shall be authorized to be employed 

6 in the United States while in such status. 

7 (B) TRAVEL OUTSIDE THE UNITED

8 STATES.—An alien with blue card status may 

9 travel outside of the United States and may be 

10 admitted, if otherwise admissible, upon return11 ing to the United States without having to ob12 tain a visa if— 

13 (i) the alien is in possession of— 

14 (I) valid, unexpired documentary 

15 evidence of blue card status that com16 plies with subsection (b)(11); or 

17 (II) a travel document that has 

18 been approved by the Secretary and 

19 was issued to the alien after the 

20 alien’s original documentary evidence 

21 was lost, stolen, or destroyed; 

22 (ii) the alien’s absence from the 

23 United States did not exceed 180 days, un24 less the alien’s failure to timely return was 


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1 due to extenuating circumstances beyond 

2 the alien’s control; and 

3 (iii) the alien establishes that the alien 

4 is not inadmissible under subparagraph 

5 (A)(i), (A)(iii), (B), or (C) of section 

6 212(a)(3) of the Immigration and Nation7 ality Act (8 U.S.C. 1182(a)(3)). 

8 (C) ADMISSION.—An alien granted blue 

9 card status shall be considered to have been ad10 mitted in such status as of the date on which 

11 the alien’s application was filed. 

12 (D) CLARIFICATION OF STATUS.—An alien 

13 granted blue card status— 

14 (i) is lawfully admitted to the United 

15 States; and 

16 (ii) may not be classified as a non17 immigrant or as an alien who has been 

18 lawfully admitted for permanent residence. 

19 (2) REVOCATION.— 

20 (A) IN GENERAL.—The Secretary may re21 voke blue card status at any time after pro22 viding appropriate notice to the alien, and after 

23 the exhaustion or waiver of all applicable ad24 ministrative review procedures under section 

25 245E(c) of the Immigration and Nationality 


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1 Act, as added by section 2104(a) of this Act, if 

2 the alien— 

3 (i) no longer meets the eligibility re4 quirements for blue card status; 

5 (ii) knowingly used documentation 

6 issued under this section for an unlawful 

7 or fraudulent purpose; or 

8 (iii) was absent from the United 

9 States for— 

10 (I) any single period longer than 

11 180 days in violation of the require12 ment under paragraph (1)(B)(ii); or 

13 (II) for more than 180 days in 

14 the aggregate during any calendar 

15 year, unless the alien’s failure to time16 ly return was due to extenuating cir17 cumstances beyond the alien’s control. 

18 (B) ADDITIONAL EVIDENCE.— 

19 (i) IN GENERAL.—In determining 

20 whether to revoke an alien’s status under 

21 subparagraph (A), the Secretary may re22 quire the alien— 

23 (I) to submit additional evidence; 

24 or 

25 (II) to appear for an interview. 


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1 (ii) EFFECT OF NONCOMPLIANCE.— 

2 The status of an alien who fails to comply 

3 with any requirement imposed by the Sec4 retary under clause (i) shall be revoked un5 less the alien demonstrates to the Sec6 retary’s satisfaction that such failure was 

7 reasonably excusable. 

8 (C) INVALIDATION OF DOCUMENTATION.— 

9 If an alien’s blue card status is revoked under 

10 subparagraph (A), any documentation issued by 

11 the Secretary to such alien under subsection 

12 (b)(11) shall automatically be rendered invalid 

13 for any purpose except for departure from the 

14 United States. 

15 (3) INELIGIBILITY FOR PUBLIC BENEFITS.—An 

16 alien who has been granted blue card status is not 

17 eligible for any Federal means-tested public benefit 

18 (as such term is defined and implemented in section 

19 403 of the Personal Responsibility and Work Oppor20 tunity Reconciliation Act of 1996 (8 U.S.C. 1613)). 

21 (4) TREATMENT OF BLUE CARD STATUS.—A 

22 noncitizen granted blue card status shall be consid23 ered lawfully present in the United States for all 

24 purposes while such noncitizen remains in such sta25 tus, except that the noncitizen— 


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1 (A) is not entitled to the premium assist2 ance tax credit authorized under section 36B of 

3 the Internal Revenue Code of 1986 for his or 

4 her coverage; 

5 (B) shall be subject to the rules applicable 

6 to individuals who are not lawfully present set 

7 forth in subsection (e) of such section; 

8 (C) shall be subject to the rules applicable 

9 to individuals who are not lawfully present set 

10 forth in section 1402(e) of the Patient Protec11 tion and Affordable Care Act (42 U.S.C. 

12 18071(e)); and 

13 (D) shall be subject to the rules applicable 

14 to individuals not lawfully present set forth in 

15 section 5000A(d)(3) of the Internal Revenue 

16 Code of 1986. 

17 (5) ADJUSTMENT TO REGISTERED PROVISIONAL

18 IMMIGRANT STATUS.—The Secretary may adjust the 

19 status of an alien who has been granted blue card 

20 status to the status of a registered provisional immi21 grant under section 245B of the Immigration and 

22 Nationality Act if the Secretary determines that the 

23 alien is unable to fulfill the agricultural service re24 quirement set forth in section 245F(a)(1) of such 

25 Act. 


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1 (d) RECORD OF EMPLOYMENT.— 

2 (1) IN GENERAL.—Each employer of an alien 

3 granted blue card status shall annually provide— 

4 (A) a written record of employment to the 

5 alien; and 

6 (B) a copy of such record to the Secretary 

7 of Agriculture. 

8 (2) CIVIL PENALTIES.— 

9 (A) IN GENERAL.—If the Secretary finds, 

10 after notice and an opportunity for a hearing, 

11 that an employer of an alien granted blue card 

12 status has knowingly failed to provide the 

13 record of employment required under paragraph 

14 (1) or has provided a false statement of mate15 rial fact in such a record, the employer shall be 

16 subject to a civil penalty in an amount not to 

17 exceed $500 per violation. 

18 (B) LIMITATION.—The penalty under sub19 paragraph (A) for failure to provide employ20 ment records shall not apply unless the alien 

21 has provided the employer with evidence of em22 ployment authorization provided under sub23 section (c). 

24 (C) DEPOSIT OF CIVIL PENALTIES.—Civil 

25 penalties collected under this paragraph shall be 


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1 deposited in the Comprehensive Immigration 

2 Reform Trust Fund established under section 

3 9(a)(1). 

4 (3) TERMINATION OF OBLIGATION.—The obli5 gation under paragraph (1) shall terminate on the 

6 date that is 8 years after the date of the enactment 

7 of this Act. 

8 (4) EMPLOYER PROTECTIONS.— 

9 (A) USE OF EMPLOYMENT RECORDS.— 

10 Copies of employment records or other evidence 

11 of employment provided by an alien or by an 

12 alien’s employer in support of an alien’s appli13 cation for blue card status may not be used in 

14 a civil or criminal prosecution or investigation 

15 of that employer under section 274A of the Im16 migration and Nationality Act (8 U.S.C. 

17 1324a) or the Internal Revenue Code of 1986 

18 for the prior unlawful employment of that alien 

19 regardless of the adjudication of such applica20 tion or reconsideration by the Secretary of such 

21 alien’s prima facie eligibility determination. 

22 Employers that provide unauthorized aliens 

23 with copies of employment records or other evi24 dence of employment pursuant to an application 

25 for blue card status shall not be subject to civil 


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1 and criminal liability pursuant to such section 

2 274A for employing such unauthorized aliens. 

3 (B) LIMIT ON APPLICABILITY.—The pro4 tections for employers and aliens under sub5 paragraph (A) shall not apply if the aliens or 

6 employers submit employment records that are 

7 deemed to be fraudulent. 

8 (e) RULEMAKING.—Not later than 1 year after the 

9 date of the enactment of this Act, the Secretary, in con10 sultation with the Secretary of Agriculture, shall issue 

11 final regulations to implement this chapter. 

12 SEC. 2212. ADJUSTMENT TO PERMANENT RESIDENT STA13 TUS. 

14 (a) IN GENERAL.—Chapter 5 of title II (8 U.S.C. 

15 1255 et seq.) is amended by inserting after section 245E, 

16 as added by section 2104 of this Act, the following: 

17 ‘‘SEC. 245F. ADJUSTMENT TO PERMANENT RESIDENT STA18 TUS FOR AGRICULTURAL WORKERS. 

19 ‘‘(a) IN GENERAL.—Except as provided in subsection 

20 (b), and not earlier than 5 years after the date of the en21 actment of the Border Security, Economic Opportunity, 

22 and Immigration Modernization Act, the Secretary shall 

23 adjust the status of an alien granted blue card status to 

24 that of an alien lawfully admitted for permanent residence 


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1 if the Secretary determines that the following require2 ments are satisfied: 

3 ‘‘(1) QUALIFYING EMPLOYMENT.—Except as 

4 provided in paragraph (3), the alien— 

5 ‘‘(A) during the 8-year period beginning on 

6 the date of the enactment of the Border Secu7 rity, Economic Opportunity, and Immigration 

8 Modernization Act, performed not less than 100 

9 work days of agricultural employment during 

10 each of 5 years; or 

11 ‘‘(B) during the 5-year period beginning on 

12 such date of enactment, performed not less 

13 than 150 work days of agricultural employment 

14 during each of 3 years. 

15 ‘‘(2) EVIDENCE.—An alien may demonstrate 

16 compliance with the requirement under paragraph 

17 (1) by submitting— 

18 ‘‘(A) the record of employment described 

19 in section 2211(d) of the Border Security, Eco20 nomic Opportunity, and Immigration Mod21 ernization Act; 

22 ‘‘(B) documentation that may be submitted 

23 under subsection (e)(4); or 

24 ‘‘(C) any other documentation designated 

25 by the Secretary for such purpose. 


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1 ‘‘(3) EXTRAORDINARY CIRCUMSTANCES.— 

2 ‘‘(A) IN GENERAL.—In determining wheth3 er an alien has met the requirement under 

4 paragraph (1), the Secretary may credit the 

5 alien with not more than 12 additional months 

6 of agricultural employment in the United States 

7 to meet such requirement if the alien was un8 able to work in agricultural employment due 

9 to— 

10 ‘‘(i) pregnancy, disabling injury, or 

11 disease that the alien can establish through 

12 medical records; 

13 ‘‘(ii) illness, disease, or other special 

14 needs of a child that the alien can establish 

15 through medical records; 

16 ‘‘(iii) severe weather conditions that 

17 prevented the alien from engaging in agri18 cultural employment for a significant pe19 riod of time; or 

20 ‘‘(iv) termination from agricultural 

21 employment, if the Secretary determines 

22 that— 

23 ‘‘(I) the termination was without 

24 just cause; and 


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1 ‘‘(II) the alien was unable to find 

2 alternative agricultural employment 

3 after a reasonable job search. 

4 ‘‘(B) EFFECT OF DETERMINATION.—A de5 termination under subparagraph (A)(iv), with 

6 respect to an alien, shall not be conclusive, 

7 binding, or admissible in a separate or subse8 quent judicial or administrative action or pro9 ceeding between the alien and a current or 

10 prior employer of the alien or any other party. 

11 ‘‘(4) APPLICATION PERIOD.—The alien applies 

12 for adjustment of status before the alien’s blue card 

13 status expires. 

14 ‘‘(5) FINE.—The alien pays a fine of $400 to 

15 the Secretary, which shall be deposited into the 

16 Comprehensive Immigration Reform Trust Fund es17 tablished under section 9(a)(1) of the Border Secu18 rity, Economic Opportunity, and Immigration Mod19 ernization Act. 

20 ‘‘(b) GROUNDS FOR DENIAL OF ADJUSTMENT OF

21 STATUS.— 

22 ‘‘(1) IN GENERAL.—The Secretary may not ad23 just the status of an alien granted blue card status 

24 if the alien— 


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1 ‘‘(A) is no longer eligible for blue card sta2 tus; or 

3 ‘‘(B) failed to perform the qualifying em4 ployment requirement under subsection (a)(1), 

5 considering any amount credited by the Sec6 retary under subsection (a)(3). 

7 ‘‘(2) MAINTENANCE OF WAIVERS OF INADMIS8 SIBILITY.—The grounds of inadmissibility set forth 

9 in section 212(a) that were previously waived for the 

10 alien or made inapplicable shall not apply for pur11 poses of the alien’s adjustment of status under this 

12 section. 

13 ‘‘(3) PENDING REVOCATION PROCEEDINGS.—If 

14 the Secretary has notified the applicant that the 

15 Secretary intends to revoke the applicant’s blue card 

16 status, the Secretary may not approve an application 

17 for adjustment of status under this section unless 

18 the Secretary makes a final determination not to re19 voke the applicant’s status. 

20 ‘‘(4) PAYMENT OF TAXES.— 

21 ‘‘(A) IN GENERAL.—An applicant may not 

22 file an application for adjustment of status 

23 under this section unless the applicant has sat24 isfied any applicable Federal tax liability. 


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1 ‘‘(B) DEFINITION OF APPLICABLE FED2 ERAL TAX LIABILITY.—In this paragraph, the 

3 term ‘applicable federal tax liability’ means all 

4 Federal income taxes assessed in accordance 

5 with section 6203 of the Internal Revenue Code 

6 of 1986 since the date on which the applicant 

7 was authorized to work in the United States in 

8 blue card status. 

9 ‘‘(C) COMPLIANCE.—The applicant may 

10 demonstrate compliance with subparagraph (A) 

11 by submitting such documentation as the Sec12 retary, in consultation with the Secretary of the 

13 Treasury, may require by regulation. 

14 ‘‘(c) SPOUSES AND CHILDREN.—Notwithstanding 

15 any other provision of law, the Secretary shall grant per16 manent resident status to the spouse or child of an alien 

17 whose status was adjusted under subsection (a) if— 

18 ‘‘(1) the spouse or child (including any indi19 vidual who was a child on the date such alien was 

20 granted blue card status) applies for such status; 

21 ‘‘(2) the principal alien includes the spouse and 

22 children in an application for adjustment of status 

23 to that of a lawful permanent resident; and 

24 ‘‘(3) the spouse or child is not ineligible for 

25 such status under section 245B. 


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1 ‘‘(d) NUMERICAL LIMITATIONS DO NOT APPLY.— 

2 The numerical limitations under sections 201 and 202 

3 shall not apply to the adjustment of aliens to lawful per4 manent resident status under this section. 

5 ‘‘(e) SUBMISSION OF APPLICATIONS.— 

6 ‘‘(1) INTERVIEW.—The Secretary may interview 

7 applicants for adjustment of status under this sec8 tion to determine whether they meet the eligibility 

9 requirements set forth in this section. 

10 ‘‘(2) FEES.— 

11 ‘‘(A) IN GENERAL.—Applicants for adjust12 ment of status under this section shall pay a 

13 processing fee to the Secretary in an amount 

14 that will ensure the recovery of the full costs of 

15 adjudicating such applications, including— 

16 ‘‘(i) the cost of taking and processing 

17 biometrics; 

18 ‘‘(ii) expenses relating to prevention 

19 and investigation of fraud; and 

20 ‘‘(iii) costs relating to the administra21 tion of the fees collected. 

22 ‘‘(B) AUTHORITY TO LIMIT FEES.—The 

23 Secretary, by regulation— 

24 ‘‘(i) may limit the maximum proc25 essing fee payable under this paragraph by 


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1 a family, including spouses and unmarried 

2 children younger than 21 years of age; and 

3 ‘‘(ii) may exempt individuals described 

4 in section 245B(c)(10) and other defined 

5 classes of individuals from the payment of 

6 the fee under subparagraph (A). 

7 ‘‘(3) DISPOSITION OF FEES.—All fees collected 

8 under paragraph (2)(A)— 

9 ‘‘(A) shall be deposited into the Immigra10 tion Examinations Fee Account pursuant to 

11 section 286(m); and 

12 ‘‘(B) shall remain available until expended 

13 pursuant to section 286(n). 

14 ‘‘(4) DOCUMENTATION OF WORK HISTORY.— 

15 ‘‘(A) BURDEN OF PROOF.—An alien apply16 ing for blue card status under section 2211 of 

17 the Border Security, Economic Opportunity, 

18 and Immigration Modernization Act or for ad19 justment of status under subsection (a) shall 

20 provide evidence that the alien has worked the 

21 requisite number of hours or days required 

22 under subsection (a)(1) of such section 2211 or 

23 subsection (a)(3) of this section, as applicable. 

24 ‘‘(B) TIMELY PRODUCTION OF RECORDS.— 

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1 ing such an alien has kept proper and adequate 

2 records respecting such employment, the alien’s 

3 burden of proof under subparagraph (A) may 

4 be met by securing timely production of those 

5 records under regulations to be promulgated by 

6 the Secretary. 

7 ‘‘(C) SUFFICIENT EVIDENCE.—An alien 

8 may meet the burden of proof under subpara9 graph (A) to establish that the alien has per10 formed the days or hours of work referred to in 

11 subparagraph (A) by producing sufficient evi12 dence to show the extent of that employment as 

13 a matter of just and reasonable inference. 

14 ‘‘(f) PENALTIES FOR FALSE STATEMENTS IN APPLI15 CATIONS.— 

16 ‘‘(1) CRIMINAL PENALTY.—Any person who— 

17 ‘‘(A) files an application for blue card sta18 tus under section 2211 of the Border Security, 

19 Economic Opportunity, and Immigration Mod20 ernization Act or an adjustment of status under 

21 this section and knowingly and willfully fal22 sifies, conceals, or covers up a material fact or 

23 makes any false, fictitious, or fraudulent state24 ments or representations, or makes or uses any 

25 false writing or document knowing the same to 


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1 contain any false, fictitious, or fraudulent state2 ment or entry; or 

3 ‘‘(B) creates or supplies a false writing or 

4 document for use in making such an applica5 tion, 

6 shall be fined in accordance with title 18, United 

7 States Code, imprisoned not more than 5 years, or 

8 both. 

9 ‘‘(2) INADMISSIBILITY.—An alien who is con10 victed of a crime under paragraph (1) shall be 

11 deemed inadmissible to the United States on the 

12 ground described in section 212(a)(6)(C)(i). 

13 ‘‘(3) DEPOSIT.—Fines collected under para14 graph (1) shall be deposited into the Comprehensive 

15 Immigration Reform Trust Fund established under 

16 section 9(a)(1) of the Border Security, Economic 

17 Opportunity, and Immigration Modernization Act. 

18 ‘‘(g) ELIGIBILITY FOR LEGAL SERVICES.—Section 

19 504(a)(11) of the Departments of Commerce, Justice, and 

20 State, the Judiciary, and Related Agencies Appropriations 

21 Act, 1996 (Public Law 104–134; 110 Stat. 1321–55) may 

22 not be construed to prevent a recipient of funds under the 

23 Legal Services Corporation Act (42 U.S.C. 2996 et seq.) 

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1 der Security, Economic Opportunity, and Immigration 

2 Modernization Act, to an individual who has been granted 

3 blue card status, or for an application for an adjustment 

4 of status under this section. 

5 ‘‘(h) ADMINISTRATIVE AND JUDICIAL REVIEW.— 

6 Aliens applying for blue card status under section 2211 

7 of the Border Security, Economic Opportunity, and Immi8 gration Modernization Act or adjustment to permanent 

9 resident status under this section shall be entitled to the 

10 rights and subject to the conditions applicable to other 

11 classes of aliens under sections 242(h) and 245E. 

12 ‘‘(i) APPLICABILITY OF OTHER PROVISIONS.—The 

13 provisions set forth in section 245E which are applicable 

14 to aliens described in section 245B, 245C, and 245D shall 

15 apply to aliens applying for blue card status under section 

16 2211 of the Border Security, Economic Opportunity, and 

17 Immigration Modernization Act or adjustment to perma18 nent resident status under this section. 

19 ‘‘(j) LIMITATION ON BLUE CARD STATUS.—An alien 

20 granted blue card status under section 2211 of the Border 

21 Security, Economic Opportunity, and Immigration Mod22 ernization Act may only adjust status to an alien lawfully 

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1 rity, Economic Opportunity, and Immigration Moderniza2 tion Act. 

3 ‘‘(k) DEFINITIONS.—In this section: 

4 ‘‘(1) BLUE CARD STATUS.—The term ‘blue card 

5 status’ means the status of an alien who has been 

6 lawfully admitted into the United States for tem7 porary residence under section 2211 of the Border 

8 Security, Economic Opportunity, and Immigration 

9 Modernization Act. 

10 ‘‘(2) AGRICULTURAL EMPLOYMENT.—The term 

11 ‘agricultural employment’ has the meaning given 

12 such term in section 3 of the Migrant and Seasonal 

13 Agricultural Worker Protection Act (29 U.S.C. 

14 1802), without regard to whether the specific service 

15 or activity is temporary or seasonal. 

16 ‘‘(3) EMPLOYER.—The term ‘employer’ means 

17 any person or entity, including any farm labor con18 tractor and any agricultural association, that em19 ploys workers in agricultural employment. 

20 ‘‘(4) WORK DAY.—The term ‘work day’ means 

21 any day in which the individual is employed 5.75 or 

22 more hours in agricultural employment.’’. 

23 (b) CONFORMING AMENDMENT.—Section 201(b)(1) 

24 (8 U.S.C. 1151(b)(1), as amended by section 2103(c), is 

25 further amended by adding at the end the following: 


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1 ‘‘(G) Aliens granted lawful permanent resi2 dent status under section 245F.’’. 

3 (c) CLERICAL AMENDMENT.—The table of contents, 

4 as amended by section 2104(e), is further amended by in5 serting after the item relating to section 245E the fol6 lowing: 

‘‘Sec. 245F. Adjustment to permanent resident status for agricultural workers.’’. 

7 SEC. 2213. USE OF INFORMATION. 

8 Beginning not later than the first day of the applica9 tion period described in section 2211(b)(3), the Secretary, 

10 in cooperation with qualified designated entities, shall 

11 broadly disseminate information respecting the benefits 

12 that aliens may receive under this subchapter and the re13 quirements that an alien is required to meet to receive 

14 such benefits. 

15 SEC. 2214. REPORTS ON BLUE CARDS. 

16 Not later than September 30, 2013, and annually 

17 thereafter for the next 8 years, the Secretary shall submit 

18 a report to Congress that identifies, for the previous fiscal 

19 year— 

20 (1) the number of aliens who applied for blue 

21 card status; 

22 (2) the number of aliens who were granted blue 

23 card status; 


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1 (3) the number of aliens who applied for an ad2 justment of status pursuant to section 245F(a) of 

3 the Immigration and Nationality Act, as added by 

4 section 2212; and 

5 (4) the number of aliens who received an ad6 justment of status pursuant such section 245F(a). 

7 SEC. 2215. AUTHORIZATION OF APPROPRIATIONS. 

8 There are authorized to be appropriated to the Sec9 retary such sums as may be necessary to implement this 

10 subchapter, including any sums needed for costs associ11 ated with the initiation of such implementation, for fiscal 

12 years 2013 and 2014. 

13 Subchapter B—Correction of Social Security 

14 Records 

15 SEC. 2221. CORRECTION OF SOCIAL SECURITY RECORDS. 

16 (a) IN GENERAL.—Section 208(e)(1) of the Social 

17 Security Act (42 U.S.C. 408(e)(1)) is amended— 

18 (1) in subparagraph (B)(ii), by striking ‘‘or’’ at 

19 the end; 

20 (2) in subparagraph (C), by inserting ‘‘or’’ at 

21 the end; 

22 (3) by inserting after subparagraph (C) the fol23 lowing: 


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1 ‘‘(D) who is granted blue card status 

2 under the Agricultural Worker Program Act of 

3 2013,’’; and 

4 (4) by striking ‘‘1990.’’ and inserting ‘‘1990, or 

5 in the case of an alien described in subparagraph 

6 (D), if such conduct is alleged to have occurred be7 fore the date on which the alien was granted blue 

8 card status under section 2211(a) of the Agricul9 tural Worker Program Act of 2013.’’. 

10 (b) EFFECTIVE DATE.—The amendments made by 

11 subsection (a) shall take effect on the first day of the sev12 enth month that begins after the date of the enactment 

13 of this Act. 

14 CHAPTER 2—NONIMMIGRANT 

15 AGRICULTURAL VISA PROGRAM 

16 SEC. 2231. NONIMMIGRANT CLASSIFICATION FOR NON17 IMMIGRANT AGRICULTURAL WORKERS. 

18 Section 101(a)(15) (8 U.S.C. 1101(a)(15)) is amend19 ed by adding at the end the following: 

20 ‘‘(W) an alien having a residence in a for21 eign country who is coming to the United 

22 States for a temporary period— 

23 ‘‘(iii)(I) to perform services or labor in 

24 agricultural employment and who has a 

25 written contract that specifies the wages, 


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1 benefits, and working conditions of such 

2 full-time employment in an agricultural oc3 cupation with a designated agricultural 

4 employer for a specified period of time; 

5 and 

6 ‘‘(II) who meets the requirements 

7 under section 218A for a nonimmigrant 

8 visa described in this clause; or 

9 ‘‘(iv)(I) to perform services or labor in 

10 agricultural employment and who has an 

11 offer of full-time employment in an agricul12 tural occupation from a designated agricul13 tural employer for such employment and is 

14 not described in clause (i); and 

15 ‘‘(II) who meets the requirements 

16 under section 218A for a nonimmigrant 

17 visa described in this clause.’’. 

18 SEC. 2232. ESTABLISHMENT OF NONIMMIGRANT AGRICUL19 TURAL WORKER PROGRAM. 

20 (a) IN GENERAL.—Chapter 2 of title II (8 U.S.C. 

21 1181 et seq.) is amended by inserting after section 218 

22 the following: 


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1 ‘‘SEC. 218A. NONIMMIGRANT AGRICULTURAL WORKER PRO2 GRAM. 

3 ‘‘(a) DEFINITIONS.—In this section and in clauses 

4 (iii) and (iv) of section 101(a)(15)(W): 

5 ‘‘(1) AGRICULTURAL EMPLOYMENT.—The term 

6 ‘agricultural employment’ has the meaning given 

7 such term in section 3 of the Migrant and Seasonal 

8 Agricultural Worker Protection Act (29 U.S.C. 

9 1802), without regard to whether the specific service 

10 or activity is temporary or seasonal. 

11 ‘‘(2) AT-WILL AGRICULTURAL WORKER.—The 

12 term ‘at-will agricultural worker’ means an alien 

13 present in the United States pursuant to section 

14 101(a)(15)(W)(iv). 

15 ‘‘(3) BLUE CARD.—The term ‘blue card’ means 

16 an employment authorization and travel document 

17 issued to an alien granted blue card status under 

18 section 2211(a) of the Agricultural Worker Program 

19 Act of 2013. 

20 ‘‘(4) CONTRACT AGRICULTURAL WORKER.—The 

21 term ‘contract agricultural worker’ means an alien 

22 present in the United States pursuant to section 

23 101(a)(15)(W)(iii). 

24 ‘‘(5) DESIGNATED AGRICULTURAL EM25 PLOYER.—The term ‘designated agricultural em26 ployer’ means an employer who is registered with 


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1 the Secretary of Agriculture pursuant to subsection 

2 (e)(1). 

3 ‘‘(6) ELECTRONIC JOB REGISTRY.—The term 

4 ‘Electronic Job Registry’ means the Electronic Job 

5 Registry of a State workforce agency (or similar suc6 cessor registry). 

7 ‘‘(7) EMPLOYER.—Except as otherwise pro8 vided, the term ‘employer’ means any person or enti9 ty, including any farm labor contractor and any ag10 ricultural association, that employs workers in agri11 cultural employment. 

12 ‘‘(8) NONIMMIGRANT AGRICULTURAL WORK13 ER.—The term ‘nonimmigrant agricultural worker’ 

14 mean a nonimmigrant described in clause (iii) or (iv) 

15 of section 101(a)(15)(W). 

16 ‘‘(9) PROGRAM.—The term ‘Program’ means 

17 the Nonimmigrant Agricultural Worker Program es18 tablished under subsection (b). 

19 ‘‘(10) SECRETARY.—Except as otherwise spe20 cifically provided, the term ‘Secretary’ means the 

21 Secretary of Agriculture. 

22 ‘‘(11) UNITED STATES WORKER.—The term 

23 ‘United States worker’ means an individual who— 

24 ‘‘(A) is a national of the United States; or 

25 ‘‘(B) is an alien who— 


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1 ‘‘(i) is lawfully admitted for perma2 nent residence; 

3 ‘‘(ii) is admitted as a refugee under 

4 section 207; 

5 ‘‘(iii) is granted asylum under section 

6 208; 

7 ‘‘(iv) holds a blue card; or 

8 ‘‘(v) is an immigrant otherwise au9 thorized by this Act or by the Secretary of 

10 Homeland Security to be employed in the 

11 United States. 

12 ‘‘(b) REQUIREMENTS.— 

13 ‘‘(1) EMPLOYER.—An employer may not employ 

14 an alien for agricultural employment under the Pro15 gram unless such employer is a designated agricul16 tural employer and complies with the terms of this 

17 section. 

18 ‘‘(2) WORKER.—An alien may not be employed 

19 for agricultural employment under the Program un20 less such alien is a nonimmigrant agricultural work21 er and complies with the terms of this section. 

22 ‘‘(c) NUMERICAL LIMITATION.— 

23 ‘‘(1) FIRST 5 YEARS OF PROGRAM.— 

24 ‘‘(A) IN GENERAL.—Subject to paragraph 

25 (2), the worldwide level of visas for nonVerDate Mar 15 2010 00:25 Oct 04, 2013 Jkt 039200 PO 00000 Frm 00273 Fmt 6652 Sfmt 6201 E:\BILLS\H15.IH H15

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1 immigrant agricultural workers for the fiscal 

2 year during which the first visa is issued to a 

3 nonimmigrant agricultural worker and for each 

4 of the following 4 fiscal years shall be equal 

5 to— 

6 ‘‘(i) 112,333; and 

7 ‘‘(ii) the numerical adjustment made 

8 by the Secretary for such fiscal year in ac9 cordance with paragraph (2). 

10 ‘‘(B) QUARTERLY ALLOCATION.—The an11 nual allocation of visas described in subpara12 graph (A) shall be evenly allocated between the 

13 4 quarters of the fiscal year unless the Sec14 retary determines that an alternative allocation 

15 would better accommodate the seasonal demand 

16 for visas. Any unused visas in a quarter shall 

17 be added to the allocation for the subsequent 

18 quarter of the same fiscal year. 

19 ‘‘(C) EFFECT OF 2ND OR SUBSEQUENT

20 DESIGNATED AGRICULTURAL EMPLOYER.—A 

21 nonimmigrant agricultural worker who has a 

22 valid visa issued under this section that counted 

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1 location if the worker is petitioned for by a sub2 sequent designated agricultural employer. 

3 ‘‘(2) ANNUAL ADJUSTMENTS FOR FIRST 5

4 YEARS OF PROGRAM.— 

5 ‘‘(A) IN GENERAL.—The Secretary, in con6 sultation with the Secretary of Labor, and after 

7 reviewing relevant evidence submitted by agri8 cultural producers and organizations rep9 resenting agricultural workers, may increase or 

10 decrease, as appropriate, the worldwide level of 

11 visas under paragraph (1) for each of the 5 fis12 cal years referred to in paragraph (1) after con13 sidering appropriate factors, including— 

14 ‘‘(i) a demonstrated shortage of agri15 cultural workers; 

16 ‘‘(ii) the level of unemployment and 

17 underemployment of agricultural workers 

18 during the preceding fiscal year; 

19 ‘‘(iii) the number of applications for 

20 blue card status; 

21 ‘‘(iv) the number of blue card visa ap22 plications approved; 

23 ‘‘(v) the number of nonimmigrant ag24 ricultural workers sought by employers 

25 during the preceding fiscal year; 


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1 ‘‘(vi) the estimated number of United 

2 States workers, including blue card work3 ers, who worked in agriculture during the 

4 preceding fiscal year; 

5 ‘‘(vii) the number of nonimmigrant 

6 agricultural workers issued a visa in the 

7 most recent fiscal year who remain in the 

8 United States in compliance with the terms 

9 of such visa; 

10 ‘‘(viii) the number of United States 

11 workers who accepted jobs offered by em12 ployers using the Electronic Job Registry 

13 during the preceding fiscal year; 

14 ‘‘(ix) any growth or contraction of the 

15 United States agricultural industry that 

16 has increased or decreased the demand for 

17 agricultural workers; and 

18 ‘‘(x) any changes in the real wages 

19 paid to agricultural workers in the United 

20 States as an indication of a shortage or 

21 surplus of agricultural labor. 

22 ‘‘(B) NOTIFICATION; IMPLEMENTATION.— 

23 The Secretary shall notify the Secretary of 

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1 tural workers. The Secretary of Homeland Se2 curity shall implement such changes. 

3 ‘‘(C) EMERGENCY PROCEDURES.—The 

4 Secretary shall establish, by regulation, proce5 dures for immediately adjusting an annual allo6 cation under paragraph (1) for labor shortages, 

7 as determined by the Secretary. The Secretary 

8 shall make a decision on a petition for an ad9 justment of status not later than 30 days after 

10 receiving such petition. 

11 ‘‘(3) SIXTH AND SUBSEQUENT YEARS OF PRO12 GRAM.—The Secretary, in consultation with the Sec13 retary of Labor, shall establish the worldwide level 

14 of visas for nonimmigrant agricultural workers for 

15 each fiscal year following the fiscal years referred to 

16 in paragraph (1) after considering appropriate fac17 tors, including— 

18 ‘‘(A) a demonstrated shortage of agricul19 tural workers; 

20 ‘‘(B) the level of unemployment and under21 employment of agricultural workers during the 

22 preceding fiscal year; 

23 ‘‘(C) the number of applications for blue 

24 card status; 


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1 ‘‘(D) the number of blue card visa applica2 tions approved; 

3 ‘‘(E) the number of nonimmigrant agricul4 tural workers sought by employers during the 

5 preceding fiscal year; 

6 ‘‘(F) the estimated number of United 

7 States workers, including blue card workers, 

8 who worked in agriculture during the preceding 

9 fiscal year; 

10 ‘‘(G) the number of nonimmigrant agricul11 tural workers issued a visa in the most recent 

12 fiscal year who remain in the United States in 

13 compliance with the terms of such visa; 

14 ‘‘(H) the number of United States workers 

15 who accepted jobs offered by employers using 

16 the Electronic Job Registry during the pre17 ceding fiscal year; 

18 ‘‘(I) any growth or contraction of the 

19 United States agricultural industry that has in20 creased or decreased the demand for agricul21 tural workers; and 

22 ‘‘(J) any changes in the real wages paid to 

23 agricultural workers in the United States as an 

24 indication of a shortage or surplus of agricul25 tural labor. 


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1 ‘‘(4) EMERGENCY PROCEDURES.—The Sec2 retary shall establish, by regulation, procedures for 

3 immediately adjusting an annual allocation under 

4 paragraph (3) for labor shortages, as determined by 

5 the Secretary. The Secretary shall make a decision 

6 on a petition for an adjustment of status not later 

7 than 30 days after receiving such petition 

8 ‘‘(d) REQUIREMENTS FOR NONIMMIGRANT AGRICUL9 TURAL WORKERS.— 

10 ‘‘(1) ELIGIBILITY FOR NONIMMIGRANT AGRI11 CULTURAL WORKER STATUS.— 

12 ‘‘(A) IN GENERAL.—An alien is not eligible 

13 to be admitted to the United States as a non14 immigrant agricultural worker if the alien— 

15 ‘‘(i) violated a material term or condi16 tion of a previous admission as a non17 immigrant agricultural worker during the 

18 most recent 3-year period (other than a 

19 contract agricultural worker who volun20 tarily abandons his or her employment be21 fore the end of the contract period or 

22 whose employment is terminated by the 

23 employer for cause); 

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1 ground checks required by the Secretary of 

2 Homeland Security or any other examina3 tion required under this Act; or 

4 ‘‘(iii)(I) departed from the United 

5 States while subject to an order of exclu6 sion, deportation, or removal, or pursuant 

7 to an order of voluntary departure; and 

8 ‘‘(II)(aa) is outside of the United 

9 States; or 

10 ‘‘(bb) has reentered the United States 

11 illegally after December 31, 2012, without 

12 receiving consent to the alien’s reapplica13 tion for admission under section 212(a)(9). 

14 ‘‘(B) WAIVER.—The Secretary of Home15 land Security may waive the application of sub16 paragraph (A)(iii) on behalf of an alien if the 

17 alien— 

18 ‘‘(i) is the spouse or child of a United 

19 States citizen or lawful permanent resi20 dent; 

21 ‘‘(ii) is the parent of a child who is a 

22 United States citizen or lawful permanent 

23 resident; 


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1 ‘‘(iii) meets the requirements set forth 

2 in clause (ii) or (iii) of section 

3 245D(b)(1)(A); or 

4 ‘‘(iv)(I) meets the requirements set 

5 forth in section 245D(b)(1)(A)(ii); 

6 ‘‘(II) is 16 years or older on the date 

7 on which the alien applies for non8 immigrant agricultural status; and 

9 ‘‘(III) was physically present in the 

10 United States for an aggregate period of 

11 not less than 3 years during the 6-year pe12 riod immediately preceding the date of the 

13 enactment of this section. 

14 ‘‘(2) TERM OF STAY FOR NONIMMIGRANT AGRI15 CULTURAL WORKERS.— 

16 ‘‘(A) IN GENERAL.— 

17 ‘‘(i) INITIAL ADMISSION.—A non18 immigrant agricultural worker may be ad19 mitted into the United States in such sta20 tus for an initial period of 3 years. 

21 ‘‘(ii) RENEWAL.—A nonimmigrant ag22 ricultural worker may renew such worker’s 

23 period of admission in the United States 

24 for 1 additional 3-year period. 


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1 ‘‘(B) BREAK IN PRESENCE.—A non2 immigrant agricultural worker who has been 

3 admitted to the United States for 2 consecutive 

4 periods under subparagraph (A) is ineligible to 

5 renew the alien’s nonimmigrant agricultural 

6 worker status until such alien— 

7 ‘‘(i) returns to a residence outside the 

8 United States for a period of not less than 

9 3 months; and 

10 ‘‘(ii) seeks to reenter the United 

11 States under the terms of the Program as 

12 a nonimmigrant agricultural worker. 

13 ‘‘(3) LOSS OF STATUS.— 

14 ‘‘(A) IN GENERAL.—An alien admitted as 

15 a nonimmigrant agricultural worker shall be in16 eligible for such status and shall be required to 

17 depart the United States if such alien— 

18 ‘‘(i) after the completion of his or her 

19 contract with a designated agricultural em20 ployer, is not employed in agricultural em21 ployment by a designated agricultural em22 ployer; or 

23 ‘‘(ii) is an at-will agricultural worker 

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1 tural employment as an at-will agricultural 

2 worker. 

3 ‘‘(B) EXCEPTION.—Subject to subpara4 graph (C), a nonimmigrant agricultural worker 

5 has not violated subparagraph (A) if the non6 immigrant agricultural worker is not employed 

7 in agricultural employment for a period not to 

8 exceed 60 days. 

9 ‘‘(C) WAIVER.—Notwithstanding subpara10 graph (B), the Secretary of Homeland Security 

11 may waive the application of clause (i) or (ii) of 

12 subparagraph (A) for a nonimmigrant agricul13 tural worker who was not employed in agricul14 tural employment for a period of more than 60 

15 days if such period of unemployment was due 

16 to— 

17 ‘‘(i) the injury of such worker; or 

18 ‘‘(ii) a natural disaster declared by 

19 the Secretary. 

20 ‘‘(D) TOLLING OF EMPLOYMENT REQUIRE21 MENT.—A nonimmigrant agricultural worker 

22 may leave the United States for up to 60 days 

23 in any fiscal year while in such status. During 

24 the period in which the worker is outside of the 


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1 United States, the 60-day limit specified in sub2 paragraph (B) shall be tolled. 

3 ‘‘(4) PORTABILITY OF STATUS.— 

4 ‘‘(A) CONTRACT AGRICULTURAL WORK5 ERS.— 

6 ‘‘(i) IN GENERAL.—Except as pro7 vided in clause (ii), an alien who entered 

8 the United States as a contract agricul9 tural worker may— 

10 ‘‘(I) seek employment as a non11 immigrant agricultural worker with a 

12 designated agricultural employer other 

13 than the designated agricultural em14 ployer with whom the employee had a 

15 contract described in section 

16 101(a)(15)(W)(iii)(I); and 

17 ‘‘(II) accept employment with 

18 such new employer after the date the 

19 contract agricultural worker completes 

20 such contract. 

21 ‘‘(ii) VOLUNTARY ABANDONMENT; 

22 TERMINATION FOR CAUSE.—A contract ag23 ricultural worker who voluntarily abandons 

24 his or her employment before the end of 


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1 the contract period or whose employment 

2 is terminated for cause by the employer— 

3 ‘‘(I) may not accept subsequent 

4 employment with another designated 

5 agricultural employer without first de6 parting the United States and reen7 tering pursuant to a new offer of em8 ployment; and 

9 ‘‘(II) is not entitled to the 75 

10 percent payment guarantee described 

11 in subsection (e)(4)(B). 

12 ‘‘(iii) TERMINATION BY MUTUAL

13 AGREEMENT.—The termination of an em14 ployment contract by mutual agreement of 

15 the designated agricultural employer and 

16 the contract agricultural worker shall not 

17 be considered voluntary abandonment for 

18 purposes of clause (ii). 

19 ‘‘(B) AT-WILL AGRICULTURAL WORK20 ERS.—An alien who entered the United States 

21 as an at-will agricultural worker may seek em22 ployment as an at-will agricultural worker with 

23 any other designated agricultural employer re24 ferred to in section 101(a)(15)(W)(iv)(I). 


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1 ‘‘(5) PROHIBITION ON GEOGRAPHIC LIMITA2 TION.—A nonimmigrant visa issued to a non3 immigrant agricultural worker— 

4 ‘‘(A) shall not limit the geographical area 

5 within which such worker may be employed; 

6 ‘‘(B) shall not limit the type of agricultural 

7 employment such worker may perform; and 

8 ‘‘(C) shall restrict such worker to employ9 ment with designated agricultural employers. 

10 ‘‘(6) TREATMENT OF SPOUSES AND CHIL11 DREN.—A spouse or child of a nonimmigrant agri12 cultural worker— 

13 ‘‘(A) shall not be entitled to a visa or any 

14 immigration status by virtue of the relationship 

15 of such spouse or child to such worker; and 

16 ‘‘(B) may be provided status as a non17 immigrant agricultural worker if the spouse or 

18 child is independently qualified for such status. 

19 ‘‘(e) EMPLOYER REQUIREMENTS.— 

20 ‘‘(1) DESIGNATED AGRICULTURAL EMPLOYER

21 STATUS.— 

22 ‘‘(A) REGISTRATION REQUIREMENT.— 

23 Each employer seeking to employ nonimmigrant 

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1 ting to the Secretary, through the Farm Service 

2 Agency in the geographic area of the employer 

3 or electronically to the Secretary, a registration 

4 that includes— 

5 ‘‘(i) the employer’s employer identi6 fication number; and 

7 ‘‘(ii) a registration fee, in an amount 

8 determined by the Secretary, which shall 

9 be used for the costs of administering the 

10 program. 

11 ‘‘(B) CRITERIA.—The Secretary shall 

12 grant designated agricultural employer status to 

13 an employer who submits a registration for 

14 such status that includes— 

15 ‘‘(i) documentation that the employer 

16 is engaged in agriculture; 

17 ‘‘(ii) the estimated number of non18 immigrant agricultural workers the em19 ployer will need each year; 

20 ‘‘(iii) the anticipated periods during 

21 which the employer will need such workers; 

22 and 

23 ‘‘(iv) documentation establishing need 

24 for a specified agricultural occupation or 

25 occupations. 


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1 ‘‘(C) DESIGNATION.— 

2 ‘‘(i) REGISTRATION NUMBER.—The 

3 Secretary shall assign each employer that 

4 meets the criteria established pursuant to 

5 subparagraph (B) with a designated agri6 cultural employer registration number. 

7 ‘‘(ii) TERM OF DESIGNATION.—Each 

8 employer granted designated agricultural 

9 employer status under this paragraph shall 

10 retain such status for a term of 3 years. 

11 At the end of such 3-year term, the em12 ployer may renew the registration for an13 other 3-year term if the employer meets 

14 the requirements set forth in subpara15 graphs (A) and (B). 

16 ‘‘(D) ASSISTANCE.—In carrying out the 

17 functions described in this subsection, the Sec18 retary may work through the Farm Service 

19 Agency, or any other agency in the Department 

20 of Agriculture— 

21 ‘‘(i) to assist agricultural employers 

22 with the registration process under this 

23 paragraph by providing such employers 

24 with— 


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1 ‘‘(I) technical assistance and ex2 pertise; 

3 ‘‘(II) Internet access for submit4 ting such applications; and 

5 ‘‘(III) a nonelectronic means for 

6 submitting such registrations; and 

7 ‘‘(ii) to provide resources about the 

8 Program, including best practices and 

9 compliance related assistance and re10 sources or training to assist in retention of 

11 such workers to agricultural employers. 

12 ‘‘(E) DEPOSIT OF REGISTRATION FEE.— 

13 Fees collected pursuant to subparagraph 

14 (A)(ii)— 

15 ‘‘(i) shall be deposited into the Immi16 gration Examinations Fee Account pursu17 ant to section 286(m); and 

18 ‘‘(ii) shall remain available until ex19 pended pursuant to section 286(n). 

20 ‘‘(2) NONIMMIGRANT AGRICULTURAL WORKER

21 PETITION PROCESS.— 

22 ‘‘(A) IN GENERAL.—Not later than 45 

23 days before the date on which nonimmigrant 

24 agricultural workers are needed, a designated 

25 agricultural employer seeking to employ such 


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1 workers shall submit a petition to the Secretary 

2 of Homeland Security that includes the employ3 er’s designated agricultural employer registra4 tion number. 

5 ‘‘(B) ATTESTATION.—An petition sub6 mitted under subparagraph (A) shall include an 

7 attestation of the following: 

8 ‘‘(i) The number of named or 

9 unnamed nonimmigrant agricultural work10 ers the designated agricultural employer is 

11 seeking to employ during the applicable pe12 riod of employment. 

13 ‘‘(ii) The total number of contract ag14 ricultural workers and of at-will agricul15 tural workers the employer will require for 

16 each occupational category. 

17 ‘‘(iii) The anticipated period, includ18 ing expected beginning and ending dates, 

19 during which such employees will be need20 ed. 

21 ‘‘(iv) Evidence of contracts or written 

22 disclosures of employment terms and con23 ditions in accordance with the Migrant and 

24 Seasonal Agricultural Worker Protection 

25 Act (29 U.S.C. 1801 et seq.), which have 


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1 been disclosed or provided to the non2 immigrant agricultural workers, or a sam3 ple of such contract or disclosure for 

4 unnamed workers. 

5 ‘‘(v) The information submitted to the 

6 State workforce agency pursuant to para7 graph (3)(A)(i). 

8 ‘‘(vi) The record of United States 

9 workers described in paragraph (3)(A)(iii) 

10 on the date of the request. 

11 ‘‘(vii) Evidence of offers of employ12 ment made to United States workers as re13 quired under paragraph (3)(B). 

14 ‘‘(viii) The employer will comply with 

15 the additional program requirements for 

16 designated agricultural employers de17 scribed in paragraph (4). 

18 ‘‘(C) EMPLOYMENT AUTHORIZATION WHEN

19 CHANGING EMPLOYERS.—Nonimmigrant agri20 cultural workers in the United States who are 

21 identified in a petition submitted pursuant to 

22 subparagraph (A) and are in lawful status may 

23 commence employment with their designated 

24 agricultural employer after such employer has 


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1 submitted such petition to the Secretary of 

2 Homeland Security. 

3 ‘‘(D) REVIEW.—The Secretary of Home4 land Security shall review each petition sub5 mitted by designated agricultural employers 

6 under this paragraph for completeness or obvi7 ous inaccuracies. Unless the Secretary of 

8 Homeland Security determines that the petition 

9 is incomplete or obviously inaccurate, the Sec10 retary shall accept the petition. The Secretary 

11 shall establish a procedure for the processing of 

12 petitions filed under this subsection. Not later 

13 than 7 working days after the date of the filing, 

14 the Secretary, by electronic or other means as15 suring expedited delivery, shall submit a copy of 

16 notice of approval or denial of the petition to 

17 the petitioner and, in the case of approved peti18 tions, to the appropriate immigration officer at 

19 the port of entry or United States consulate, as 

20 appropriate, if the petitioner has indicated that 

21 the alien beneficiary or beneficiaries will apply 

22 for a visa or admission to the United States. 

23 ‘‘(3) EMPLOYMENT OF UNITED STATES WORK24 ERS.— 

25 ‘‘(A) RECRUITMENT.— 


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1 ‘‘(i) FILING A JOB OPPORTUNITY

2 WITH LOCAL OFFICE OF STATE WORK3 FORCE AGENCY.—Not later than 60 days 

4 before the date on which the employer de5 sires to employ a nonimmigrant agricul6 tural worker, the employer shall submit the 

7 job opportunity for such worker to the 

8 local office of the State workforce agency 

9 where the job site is located and authorize 

10 the posting of the job opportunity on the 

11 appropriate Department of Labor Elec12 tronic Job Registry for a period of 45 

13 days. 

14 ‘‘(ii) CONSTRUCTION.—Nothing in 

15 clause (i) may be construed to cause a 

16 posting referred to in clause (i) to be treat17 ed as an interstate job order under section 

18 653.500 of title 20, Code of Federal Regu19 lations (or similar successor regulation). 

20 ‘‘(iii) RECORD OF UNITED STATES

21 WORKERS.—An employer shall keep a 

22 record of all eligible, able, willing, and 

23 qualified United States workers who apply 

24 for agricultural employment with the em25 ployer for the agricultural employment for 


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1 which the nonimmigrant agricultural non2 immigrant workers are sought. 

3 ‘‘(B) REQUIREMENT TO HIRE.— 

4 ‘‘(i) UNITED STATES WORKERS.—An 

5 employer may not seek a nonimmigrant ag6 ricultural worker for agricultural employ7 ment unless the employer offers such em8 ployment to any equally or better qualified 

9 United States worker who will be available 

10 at the time and place of need and who ap11 plies for such employment during the 45- 

12 day recruitment period referred to in sub13 paragraph (A)(i). 

14 ‘‘(ii) EXCEPTION.—Notwithstanding 

15 clause (i), the employer may offer the job 

16 to a nonimmigrant agricultural worker in17 stead of an alien in blue card status if— 

18 ‘‘(I) such worker was previously 

19 employed by the employer as an H– 

20 2A worker; 

21 ‘‘(II) such worker worked for the 

22 employer for 3 years during the most 

23 recent 4-year period; and 


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1 ‘‘(III) the employer pays such 

2 worker the adverse effect wage rate 

3 calculated under subsection (f)(5)(B). 

4 ‘‘(4) ADDITIONAL PROGRAM REQUIREMENTS

5 FOR DESIGNATED AGRICULTURAL EMPLOYERS.— 

6 Each designated agricultural employer shall comply 

7 with the following requirements: 

8 ‘‘(A) NO DISPLACEMENT OF UNITED

9 STATES WORKERS.— 

10 ‘‘(i) IN GENERAL.—The employer 

11 shall not displace a United States worker 

12 employed by the employer, other than for 

13 good cause, during the period of employ14 ment of the nonimmigrant agricultural 

15 worker and for a period of 30 days pre16 ceding such period in the occupation and 

17 at the location of employment for which 

18 the employer seeks to employ non19 immigrant agricultural workers. 

20 ‘‘(ii) LABOR DISPUTE.—The employer 

21 shall not employ a nonimmigrant agricul22 tural worker for a specific job for which 

23 the employer is requesting a nonimmigrant 

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1 cupant of the job is on strike or being 

2 locked out in the course of a labor dispute. 

3 ‘‘(B) GUARANTEE OF EMPLOYMENT FOR

4 CONTRACT AGRICULTURAL WORKERS.— 

5 ‘‘(i) OFFER TO CONTRACT WORKER.— 

6 The employer shall guarantee to offer con7 tract agricultural workers employment for 

8 the hourly equivalent of at least 75 percent 

9 of the work days of the total period of em10 ployment, beginning with the first work 

11 day after the arrival of the worker at the 

12 place of employment and ending on the ex13 piration date specified in the job offer. In 

14 this clause, the term ‘hourly equivalent’ 

15 means the number of hours in the work 

16 days as stated in the job offer and shall ex17 clude the worker’s Sabbath and Federal 

18 holidays. If the employer affords the con19 tract agricultural worker less employment 

20 than the number of hours required under 

21 this subparagraph, the employer shall pay 

22 such worker the amount the worker would 

23 have earned had the worker worked the 

24 guaranteed number of hours. 


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1 ‘‘(ii) FAILURE TO WORK.—Any hours 

2 which the worker fails to work, up to a 

3 maximum of the number of hours specified 

4 in the job offer for a work day, when the 

5 worker has been offered an opportunity to 

6 do so, and all hours of work actually per7 formed (including voluntary work in excess 

8 of the number of hours specified in the job 

9 offer in a work day, on the worker’s Sab10 bath, or on Federal holidays) may be 

11 counted by the employer in calculating 

12 whether the period of guaranteed employ13 ment has been met. 

14 ‘‘(iii) CONTRACT IMPOSSIBILITY.—If, 

15 before the expiration of the period of em16 ployment specified in the job offer, the 

17 services of a contract agricultural worker 

18 are no longer required for reasons beyond 

19 the control of the employer due to any 

20 form of natural disaster, including a flood, 

21 hurricane, freeze, earthquake, fire, 

22 drought, plant or animal disease or pest 

23 infestation, or regulatory drought, before 

24 the guarantee in clause (i) is fulfilled, the 

25 employer— 


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1 ‘‘(I) may terminate the worker’s 

2 employment; 

3 ‘‘(II) shall fulfill the employment 

4 guarantee described in clause (i) for 

5 the work days that have elapsed from 

6 the first work day after the arrival of 

7 the worker to the termination of em8 ployment; 

9 ‘‘(III) shall make efforts to 

10 transfer the worker to other com11 parable employment acceptable to the 

12 worker; and 

13 ‘‘(IV) if such a transfer does not 

14 take place, shall provide the return 

15 transportation required under sub16 paragraph (J). 

17 ‘‘(C) WORKERS’ COMPENSATION.— 

18 ‘‘(i) REQUIREMENT TO PROVIDE.—If 

19 a job referred to in paragraph (3) is not 

20 covered by the State workers’ compensa21 tion law, the employer shall provide, at no 

22 cost to the nonimmigrant agricultural 

23 worker, insurance covering injury and dis24 ease arising out of, and in the course of, 

25 such job. 


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1 ‘‘(ii) BENEFITS.—The insurance re2 quired to be provided under clause (i) shall 

3 provide benefits at least equal to those pro4 vided under and pursuant to the State 

5 workers’ compensation law for comparable 

6 employment. 

7 ‘‘(D) PROHIBITION FOR USE FOR NON8 AGRICULTURAL SERVICES.—The employer may 

9 not employ a nonimmigrant agricultural worker 

10 for employment other than agricultural employ11 ment. 

12 ‘‘(E) WAGES.—The employer shall pay not 

13 less than the wage required under subsection 

14 (f). 

15 ‘‘(F) DEDUCTION OF WAGES.—The em16 ployer shall make only deductions from a non17 immigrant agricultural worker’s wages that are 

18 authorized by law and are reasonable and cus19 tomary in the occupation and area of employ20 ment of such worker. 

21 ‘‘(G) REQUIREMENT TO PROVIDE HOUSING

22 OR A HOUSING ALLOWANCE.— 

23 ‘‘(i) IN GENERAL.—Except as pro24 vided in clauses (iv) and (v), a designated 

25 agricultural employer shall offer to provide 


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1 a nonimmigrant agricultural worker with 

2 housing at no cost in accordance with 

3 clause (ii) or (iii). 

4 ‘‘(ii) HOUSING.—An employer may 

5 provide housing to a nonimmigrant agricul6 tural worker that meets— 

7 ‘‘(I) applicable Federal standards 

8 for temporary labor camps; or 

9 ‘‘(II) applicable local standards 

10 (or, in the absence of applicable local 

11 standards, State standards) for rental 

12 or public accommodation housing or 

13 other substantially similar class of 

14 habitation. 

15 ‘‘(iii) HOUSING PAYMENTS.— 

16 ‘‘(I) PUBLIC HOUSING.—If the 

17 employer arranges public housing for 

18 nonimmigrant agricultural workers 

19 through a State, county, or local gov20 ernment program and such public 

21 housing units normally require pay22 ments from tenants, such payments 

23 shall be made by the employer directly 

24 to the landlord. 


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1 ‘‘(II) DEPOSITS.—Deposits for 

2 bedding or other similar incidentals 

3 related to housing shall not be col4 lected from workers by employers who 

5 provide housing for such workers. 

6 ‘‘(III) DAMAGES.—The employer 

7 may require any worker who is re8 sponsible for damage to housing that 

9 did not result from normal wear and 

10 tear related to habitation to reimburse 

11 the employer for the reasonable cost 

12 of repairing such damage. 

13 ‘‘(iv) HOUSING ALLOWANCE ALTER14 NATIVE.— 

15 ‘‘(I) IN GENERAL.—The employer 

16 may provide a reasonable housing al17 lowance instead of providing housing 

18 under clause (i). Upon the request of 

19 a worker seeking assistance in locat20 ing housing, the employer shall make 

21 a good faith effort to assist the work22 er in identifying and locating housing 

23 in the area of intended employment. 

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1 er in locating housing, which the 

2 worker occupies, shall not be deemed 

3 a housing provider under section 203 

4 of the Migrant and Seasonal Agricul5 tural Worker Protection Act (29 

6 U.S.C. 1823) solely by virtue of pro7 viding such housing allowance. No 

8 housing allowance may be used for 

9 housing that is owned or controlled by 

10 the employer. 

11 ‘‘(II) CERTIFICATION REQUIRE12 MENT.—Contract agricultural workers 

13 may only be provided a housing allow14 ance if the Governor of the State in 

15 which the place of employment is lo16 cated certifies to the Secretary that 

17 there is adequate housing available in 

18 the area of intended employment for 

19 migrant farm workers and contract 

20 agricultural workers who are seeking 

21 temporary housing while employed in 

22 agricultural work. Such certification 

23 shall expire after 3 years unless re24 newed by the Governor of the State. 


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1 ‘‘(III) AMOUNT OF ALLOW2 ANCE.— 

3 ‘‘(aa) NONMETROPOLITAN

4 COUNTIES.—If the place of em5 ployment of the workers provided 

6 an allowance under this clause is 

7 a nonmetropolitan county, the 

8 amount of the housing allowance 

9 under this clause shall be equal 

10 to the average fair market rental 

11 for existing housing in nonmetro12 politan counties in the State in 

13 which the place of employment is 

14 located, as established by the 

15 Secretary of Housing and Urban 

16 Development pursuant to section 

17 8(c) of the United States Hous18 ing Act of 1937 (42 U.S.C. 

19 1437f(c)), based on a 2-bedroom 

20 dwelling unit and an assumption 

21 of 2 persons per bedroom. 

22 ‘‘(bb) METROPOLITAN

23 COUNTIES.—If the place of em24 ployment of the workers provided 

25 an allowance under this clause is 


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1 a metropolitan county, the 

2 amount of the housing allowance 

3 under this clause shall be equal 

4 to the average fair market rental 

5 for existing housing in metropoli6 tan counties in the State in 

7 which the place of employment is 

8 located, as established by the 

9 Secretary of Housing and Urban 

10 Development pursuant to section 

11 8(c) of the United States Hous12 ing Act of 1937 (42 U.S.C. 

13 1437f(c)), based on a 2-bedroom 

14 dwelling unit and an assumption 

15 of 2 persons per bedroom. 

16 ‘‘(v) EXCEPTION FOR COMMUTING

17 WORKERS.—Nothing in this subparagraph 

18 may be construed to require an employer 

19 to provide housing or a housing allowance 

20 to workers who reside outside of the 

21 United States if their place of residence is 

22 within normal commuting distance and the 

23 job site is within 50 miles of an inter24 national land border of the United States. 


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1 ‘‘(H) WORKSITE TRANSPORTATION FOR

2 CONTRACT WORKERS.—During the period a 

3 designated agricultural employer employs a con4 tract agricultural worker, such employer shall, 

5 at the employer’s option, provide or reimburse 

6 the contract agricultural worker for the cost of 

7 daily transportation from the contract worker’s 

8 living quarters to the contract agricultural 

9 worker’s place of employment. 

10 ‘‘(I) REIMBURSEMENT OF TRANSPOR11 TATION TO THE PLACE OF EMPLOYMENT.— 

12 ‘‘(i) IN GENERAL.—A nonimmigrant 

13 agricultural worker shall be reimbursed by 

14 the first employer for the cost of the work15 er’s transportation and subsistence from 

16 the place from which the worker came 

17 from to the place of first employment. 

18 ‘‘(ii) LIMITATION.—The amount of re19 imbursement provided under clause (i) to a 

20 worker shall not exceed the lesser of— 

21 ‘‘(I) the actual cost to the worker 

22 of the transportation and subsistence 

23 involved; or 

24 ‘‘(II) the most economical and 

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1 tation charges and subsistence costs 

2 for the distance involved. 

3 ‘‘(J) REIMBURSEMENT OF TRANSPOR4 TATION FROM PLACE OF EMPLOYMENT.— 

5 ‘‘(i) IN GENERAL.—A contract agri6 cultural worker who completes at least 27 

7 months under his or her contract with the 

8 same designated agricultural employer 

9 shall be reimbursed by that employer for 

10 the cost of the worker’s transportation and 

11 subsistence from the place of employment 

12 to the place from which the worker came 

13 from abroad to work for the employer. 

14 ‘‘(ii) LIMITATION.—The amount of re15 imbursement required under clause (i) 

16 shall not exceed the lesser of— 

17 ‘‘(I) the actual cost to the worker 

18 of the transportation and subsistence 

19 involved; or 

20 ‘‘(II) the most economical and 

21 reasonable common carrier transpor22 tation charges and subsistence costs 

23 for the distance involved. 

24 ‘‘(f) WAGES.— 

25 ‘‘(1) WAGE RATE REQUIREMENT.— 


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1 ‘‘(A) IN GENERAL.—A nonimmigrant agri2 cultural worker employed by a designated agri3 cultural employer shall be paid not less than the 

4 wage rate for such employment set forth in 

5 paragraph (3). 

6 ‘‘(B) WORKERS PAID ON A PIECE RATE OR

7 OTHER INCENTIVE BASIS.—If an employer pays 

8 by the piece rate or other incentive method and 

9 requires 1 or more minimum productivity 

10 standards as a condition of job retention, such 

11 standards shall be specified in the job offer and 

12 be no more than those which have been nor13 mally required (at the time of the employee’s 

14 first application for designated employer status) 

15 by other employers for the activity in the geo16 graphic area of the job, unless the Secretary 

17 approves a higher standard. 

18 ‘‘(2) JOB CATEGORIES.— 

19 ‘‘(A) IN GENERAL.—For purposes of para20 graph (1), each nonimmigrant agricultural 

21 worker employed by such employer shall be as22 signed to 1 of the following standard occupa23 tional classifications, as defined by the Bureau 

24 of Labor Statistics: 


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1 ‘‘(i) First-Line Supervisors of Farm2 ing, Fishing, and Forestry Workers (45– 

3 1011). 

4 ‘‘(ii) Animal Breeders (45–2021). 

5 ‘‘(iii) Graders and Sorters, Agricul6 tural Products (45–2041). 

7 ‘‘(iv) Agricultural equipment operator 

8 (45–2091). 

9 ‘‘(v) Farmworkers and Laborers, 

10 Crop, Nursery, and Greenhouse (45– 

11 2092). 

12 ‘‘(vi) Farmworkers, Farm, Ranch and 

13 Aquacultural Animals (45–2093). 

14 ‘‘(B) DETERMINATION OF CLASSIFICA15 TION.—A nonimmigrant agricultural worker is 

16 employed in a standard occupational classifica17 tion described in clause (i), (ii), (iii), (iv), (v), 

18 or (vi) of subparagraph (A) if the worker per19 forms activities associated with that occupa20 tional classification, as specified on the employ21 er’s petition, for at least 75 percent of the time 

22 in a semiannual employment period. 

23 ‘‘(3) DETERMINATION OF WAGE RATE.— 

24 ‘‘(A) CALENDAR YEARS 2014 THROUGH

25 2016.—The wage rate under this subparagraph 


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1 for calendar years 2014 through 2016 shall be 

2 the higher of— 

3 ‘‘(i) the applicable Federal, State, or 

4 local minimum wage; or 

5 ‘‘(ii)(I) for the category described in 

6 paragraph (2)(A)(iii)— 

7 ‘‘(aa) $9.37 for calendar year 

8 2014; 

9 ‘‘(bb) $9.60 for calendar year 

10 2015; and 

11 ‘‘(cc) $9.84 for calendar year 

12 2016; 

13 ‘‘(II) for the category described in 

14 paragraph (2)(A)(iv)— 

15 ‘‘(aa) $11.30 for calendar year 

16 2014; 

17 ‘‘(bb) $11.58 for calendar year 

18 2015; and 

19 ‘‘(cc) $11.87 for calendar year 

20 2016; 

21 ‘‘(III) for the category described in 

22 paragraph (2)(A)(v)— 

23 ‘‘(aa) $9.17 for calendar year 

24 2014; 


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1 ‘‘(bb) $9.40 for calendar year 

2 2015; and 

3 ‘‘(cc) $9.64 for calendar year 

4 2016; and 

5 ‘‘(IV) for the category described in 

6 paragraph (2)(A)(vi)— 

7 ‘‘(aa) $10.82 for calendar year 

8 2014; 

9 ‘‘(bb) $11.09 for calendar year 

10 2015; and 

11 ‘‘(cc) $11.37 for calendar year 

12 2016. 

13 ‘‘(B) SUBSEQUENT YEARS.—The Secretary 

14 shall increase the hourly wage rates set forth in 

15 clauses (i) through (iv) of subparagraph (A), 

16 for each calendar year after the calendar years 

17 described in subparagraph (A) by an amount 

18 equal to— 

19 ‘‘(i) 1.5 percent, if the percentage in20 crease in the Employment Cost Index for 

21 wages and salaries during the previous cal22 endar year, as calculated by the Bureau of 

23 Labor Statistics, is less than 1.5 percent; 

24 ‘‘(ii) the percentage increase in such 

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1 age increase is between 1.5 percent and 

2 2.5 percent, inclusive; or 

3 ‘‘(iii) 2.5 percent, if such percentage 

4 increase is greater than 2.5 percent. 

5 ‘‘(C) AGRICULTURAL SUPERVISORS AND

6 ANIMAL BREEDERS.—Not later than September 

7 1, 2015, and annually thereafter, the Secretary, 

8 in consultation with the Secretary of Labor, 

9 shall establish the required wage for the next 

10 calendar year for each of the job categories set 

11 out in clauses (i) and (ii) of paragraph (2)(A). 

12 ‘‘(D) SURVEY BY BUREAU OF LABOR STA13 TISTICS.—Not later than April 15, 2015, the 

14 Bureau of Labor Statistics shall consult with 

15 the Secretary to expand the Occupational Em16 ployment Statistics Survey to survey agricul17 tural producers and contractors and produce 

18 improved wage data by State and the job cat19 egories set out in clauses (i) through (vi) of 

20 subparagraph (A). 

21 ‘‘(4) CONSIDERATION.—In determining the 

22 wage rate under paragraph (3)(C), the Secretary 

23 may consider appropriate factors, including— 

24 ‘‘(A) whether the employment of additional 

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1 versely affect the wages and working conditions 

2 of workers in the United States similarly em3 ployed; 

4 ‘‘(B) whether the employment in the 

5 United States of an alien admitted under sec6 tion 101(a)(15)(H)(ii)(a) or unauthorized aliens 

7 in the agricultural workforce has depressed 

8 wages of United States workers engaged in ag9 ricultural employment below the levels that 

10 would otherwise have prevailed if such aliens 

11 had not been employed in the United States; 

12 ‘‘(C) whether wages of agricultural workers 

13 are sufficient to support such workers and their 

14 families at a level above the poverty thresholds 

15 determined by the Bureau of Census; 

16 ‘‘(D) the wages paid workers in the United 

17 States who are not employed in agricultural em18 ployment but who are employed in comparable 

19 employment; 

20 ‘‘(E) the continued exclusion of employers 

21 of nonimmigrant alien workers in agriculture 

22 from the payment of taxes under chapter 21 of 

23 the Internal Revenue Code of 1986 (26 U.S.C. 

24 3101 et seq.) and chapter 23 of such Code (26 

25 U.S.C. 3301 et seq.); 


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1 ‘‘(F) the impact of farm labor costs in the 

2 United States on the movement of agricultural 

3 production to foreign countries; 

4 ‘‘(G) a comparison of the expenses and 

5 cost structure of foreign agricultural producers 

6 to the expenses incurred by agricultural pro7 ducers based in the United States; and 

8 ‘‘(H) the accuracy and reliability of the 

9 Occupational Employment Statistics Survey. 

10 ‘‘(5) ADVERSE EFFECT WAGE RATE.— 

11 ‘‘(A) PROHIBITION OF MODIFICATION.— 

12 The adverse effect wage rates in effect on April 

13 15, 2013, for nonimmigrants admitted under 

14 101(a)(15)(H)(ii)(a)— 

15 ‘‘(i) shall remain in effect until the 

16 date described in section 2233 of the Agri17 cultural Worker Program Act of 2013; and 

18 ‘‘(ii) may not be modified except as 

19 provided in subparagraph (B). 

20 ‘‘(B) EXCEPTION.—Until the Secretary es21 tablishes the wage rates required under para22 graph (3)(C), the adverse effect wage rates in 

23 effect on the date of the enactment of the Agri24 cultural Worker Program Act of 2013 shall 

25 be— 


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1 ‘‘(i) deemed to be such wage rates; 

2 and 

3 ‘‘(ii) after September 1, 2015, ad4 justed annually in accordance with para5 graph (3)(B). 

6 ‘‘(C) NONPAYMENT OF FICA AND FUTA

7 TAXES.—An employer employing nonimmigrant 

8 agricultural workers shall not be required to 

9 pay and withhold from such workers— 

10 ‘‘(i) the tax required under section 

11 3101 of the Internal Revenue Code of 

12 1986; or 

13 ‘‘(ii) the tax required under section 

14 3301 of the Internal Revenue Code of 

15 1986. 

16 ‘‘(6) PREFERENTIAL TREATMENT OF ALIENS

17 PROHIBITED.— 

18 ‘‘(A) IN GENERAL.—Except as provided in 

19 subparagraph (B), employers seeking to hire 

20 United States workers shall offer the United 

21 States workers not less than the same benefits, 

22 wages, and working conditions that the em23 ployer is offering, intends to offer, or will pro24 vide to nonimmigrant agricultural workers. No 

25 job offer may impose on United States workers 


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1 any restrictions or obligations that will not be 

2 imposed on the employer’s nonimmigrant agri3 cultural workers. 

4 ‘‘(B) EXCEPTION.—Notwithstanding sub5 paragraph (A), a designated agricultural em6 ployer is not required to provide housing or a 

7 housing allowance to United States workers. 

8 ‘‘(g) WORKER PROTECTIONS AND DISPUTE RESOLU9 TION.— 

10 ‘‘(1) EQUALITY OF TREATMENT.—Non11 immigrant agricultural workers shall not be denied 

12 any right or remedy under any Federal, State, or 

13 local labor or employment law applicable to United 

14 States workers engaged in agricultural employment. 

15 ‘‘(2) APPLICABILITY OF THE MIGRANT AND

16 SEASONAL AGRICULTURAL WORKER PROTECTION

17 ACT.— 

18 ‘‘(A) MIGRANT AND SEASONAL AGRICUL19 TURAL WORKER PROTECTION ACT.—Non20 immigrant agricultural workers shall be consid21 ered migrant agricultural workers for purposes 

22 of the Migrant and Seasonal Agricultural Work23 er Protection Act (29 U.S.C. 1801 et seq.). 

24 ‘‘(B) ELIGIBILITY OF NONIMMIGRANT AG25 RICULTURAL WORKERS FOR CERTAIN LEGAL


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1 ASSISTANCE.—A nonimmigrant agricultural 

2 worker shall be considered to be lawfully admit3 ted for permanent residence for purposes of es4 tablishing eligibility for legal services under the 

5 Legal Services Corporation Act (42 U.S.C. 

6 2996 et seq.) on matters relating to wages, 

7 housing, transportation, and other employment 

8 rights. 

9 ‘‘(C) MEDIATION.— 

10 ‘‘(i) FREE MEDIATION SERVICES.— 

11 The Federal Mediation and Conciliation 

12 Service shall be available to assist in re13 solving disputes arising under this section 

14 between nonimmigrant agricultural work15 ers and designated agricultural employers 

16 without charge to the parties. 

17 ‘‘(ii) COMPLAINT.—If a nonimmigrant 

18 agricultural worker files a complaint under 

19 section 504 of the Migrant and Seasonal 

20 Agricultural Worker Protection Act (29 

21 U.S.C. 1854), not later than 60 days after 

22 the filing of proof of service of the com23 plaint, a party to the action may file a re24 quest with the Federal Mediation and Con25 ciliation Service to assist the parties in 


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1 reaching a satisfactory resolution of all 

2 issues involving all parties to the dispute. 

3 ‘‘(iii) NOTICE.—Upon filing a request 

4 under clause (ii) and giving of notice to the 

5 parties, the parties shall attempt mediation 

6 within the period specified in clause (iv). 

7 ‘‘(iv) 90-DAY LIMIT.—The Federal 

8 Mediation and Conciliation Service may 

9 conduct mediation or other nonbinding dis10 pute resolution activities for a period not 

11 to exceed 90 days beginning on the date on 

12 which the Federal Mediation and Concilia13 tion Service receives a request for assist14 ance under clause (ii) unless the parties 

15 agree to an extension of such period. 

16 ‘‘(v) AUTHORIZATION OF APPROPRIA17 TIONS.— 

18 ‘‘(I) IN GENERAL.—Subject to 

19 clause (II), there are authorized to be 

20 appropriated to the Federal Mediation 

21 and Conciliation Service $500,000 for 

22 each fiscal year to carry out this sub23 paragraph. 

24 ‘‘(II) MEDIATION.—Notwith25 standing any other provision of law, 


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1 the Director of the Federal Mediation 

2 and Conciliation Service is author3 ized— 

4 ‘‘(aa) to conduct the medi5 ation or other dispute resolution 

6 activities from any other account 

7 containing amounts available to 

8 the Director; and 

9 ‘‘(bb) to reimburse such ac10 count with amounts appropriated 

11 pursuant to subclause (I). 

12 ‘‘(vi) PRIVATE MEDIATION.—If all 

13 parties agree, a private mediator may be 

14 employed as an alternative to the Federal 

15 Mediation and Conciliation Service. 

16 ‘‘(3) OTHER RIGHTS.—Nonimmigrant agricul17 tural workers shall be entitled to the rights granted 

18 to other classes of aliens under sections 242(h) and 

19 245E. 

20 ‘‘(4) WAIVER OF RIGHTS.—Agreements by non21 immigrant agricultural workers to waive or modify 

22 any rights or protections under this section shall be 

23 considered void or contrary to public policy except as 

24 provided in a collective bargaining agreement with a 

25 bona fide labor organization. 


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1 ‘‘(h) ENFORCEMENT AUTHORITY.— 

2 ‘‘(1) INVESTIGATION OF COMPLAINTS.— 

3 ‘‘(A) AGGRIEVED PERSON OR THIRD-PARTY

4 COMPLAINTS.— 

5 ‘‘(i) PROCESS.—The Secretary of 

6 Labor shall establish a process for the re7 ceipt, investigation, and disposition of com8 plaints respecting a designated agricultural 

9 employer’s failure to meet a condition spec10 ified in subsection (e), or an employer’s 

11 misrepresentation of material facts in a pe12 tition under subsection (e)(2). 

13 ‘‘(ii) FILING.—Any aggrieved person 

14 or organization, including bargaining rep15 resentatives, may file a complaint referred 

16 to in clause (i) not later than 1 year after 

17 the date of the failure or misrepresenta18 tion, respectively. 

19 ‘‘(iii) INVESTIGATION OR HEARING.— 

20 The Secretary of Labor shall conduct an 

21 investigation if there is reasonable cause to 

22 believe that such failure or misrepresenta23 tion has occurred. 

24 ‘‘(B) DETERMINATION ON COMPLAINT.— 

25 Under such process, the Secretary of Labor 


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1 shall provide, not later than 30 days after the 

2 date on which such a complaint is filed, for a 

3 determination as to whether or not a reasonable 

4 basis exists to make a finding described in sub5 paragraph (C), (D), (E), or (F). If the Sec6 retary of Labor determines that such a reason7 able basis exists, the Secretary of Labor shall 

8 provide for notice of such determination to the 

9 interested parties and an opportunity for a 

10 hearing on the complaint, in accordance with 

11 section 556 of title 5, United States Code, with12 in 60 days after the date of the determination. 

13 If such a hearing is requested, the Secretary of 

14 Labor shall make a finding concerning the mat15 ter not later than 60 days after the date of the 

16 hearing. In the case of similar complaints re17 specting the same applicant, the Secretary of 

18 Labor may consolidate the hearings under this 

19 subparagraph on such complaints. 

20 ‘‘(C) FAILURE TO MEET CONDITIONS.—If 

21 the Secretary of Labor finds, after notice and 

22 opportunity for a hearing, a failure to meet a 

23 condition under subsection (e) or (f), or a mate24 rial misrepresentation of fact in a petition 

25 under subsection (e)(2)— 


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1 ‘‘(i) the Secretary of Labor shall no2 tify the Secretary of such finding and may, 

3 in addition, impose such other administra4 tive remedies (including civil money pen5 alties in an amount not to exceed $1,000 

6 per violation) as the Secretary of Labor 

7 determines to be appropriate; and 

8 ‘‘(ii) the Secretary may disqualify the 

9 designated agricultural employer from the 

10 employment of nonimmigrant agricultural 

11 workers for a period of 1 year. 

12 ‘‘(D) WILLFUL FAILURES AND WILLFUL

13 MISREPRESENTATIONS.—If the Secretary of 

14 Labor finds, after notice and opportunity for 

15 hearing, a willful failure to meet a condition 

16 under subsection (e) or (f) or a willful misrepre17 sentation of a material fact in an registration 

18 or petition under paragraph (1) or (2) of sub19 section (e)— 

20 ‘‘(i) the Secretary of Labor shall no21 tify the Secretary of such finding and may, 

22 in addition, impose such other administra23 tive remedies (including civil money pen24 alties in an amount not to exceed $5,000 


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1 per violation) as the Secretary of Labor 

2 determines to be appropriate; 

3 ‘‘(ii) the Secretary of Labor may seek 

4 appropriate legal or equitable relief; and 

5 ‘‘(iii) the Secretary may disqualify the 

6 designated agricultural employer from the 

7 employment of nonimmigrant agricultural 

8 workers for a period of 2 years. 

9 ‘‘(E) DISPLACEMENT OF UNITED STATES

10 WORKERS.—If the Secretary of Labor finds, 

11 after notice and opportunity for hearing, a will12 ful failure to meet a condition under subsection 

13 (e) or (f) or a willful misrepresentation of a ma14 terial fact in an registration or petition under 

15 paragraph (1) or (2) of subsection (e), in the 

16 course of which failure or misrepresentation the 

17 employer displaced a United States worker em18 ployed by the employer during the period of em19 ployment on the employer’s petition under sub20 section (e)(2) or during the period of 30 days 

21 preceding such period of employment— 

22 ‘‘(i) the Secretary of Labor shall no23 tify the Secretary of such finding and may, 

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1 alties in an amount not to exceed $15,000 

2 per violation) as the Secretary of Labor 

3 determines to be appropriate; and 

4 ‘‘(ii) the Secretary may disqualify the 

5 employer from the employment of non6 immigrant agricultural workers for a pe7 riod of 3 years. 

8 ‘‘(F) FAILURES TO PAY WAGES OR RE9 QUIRED BENEFITS.—If the Secretary of Labor 

10 finds, after notice and opportunity for a hear11 ing, that the employer has failed to pay the 

12 wages, or provide the housing allowance, trans13 portation, subsistence reimbursement, or guar14 antee of employment required under subsections 

15 (e)(4) and (f), the Secretary of Labor shall as16 sess payment of back wages, or other required 

17 benefits, due any United States worker or non18 immigrant agricultural worker employed by the 

19 employer in the specific employment in ques20 tion. The back wages or other required benefits 

21 required under subsections (e) and (f) shall be 

22 equal to the difference between the amount that 

23 should have been paid and the amount that ac24 tually was paid to such worker. 


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1 ‘‘(G) DISPOSITION OF PENALTIES.—Civil 

2 penalties collected under this paragraph shall be 

3 deposited into the Comprehensive Immigration 

4 Reform Trust Fund established under section 

5 9(a)(1) of the Border Security, Economic Op6 portunity, and Immigration Modernization Act. 

7 ‘‘(2) LIMITATIONS ON CIVIL MONEY PEN8 ALTIES.—The Secretary of Labor shall not impose 

9 total civil money penalties with respect to a petition 

10 under subsection (e)(2) in excess of $90,000. 

11 ‘‘(3) ELECTION.—A nonimmigrant agricultural 

12 worker who has filed an administrative complaint 

13 with the Secretary of Labor may not maintain a civil 

14 action unless a complaint based on the same viola15 tion filed with the Secretary of Labor under para16 graph (1) is withdrawn before the filing of such ac17 tion, in which case the rights and remedies available 

18 under this subsection shall be exclusive. 

19 ‘‘(4) PRECLUSIVE EFFECT.—Any settlement by 

20 a nonimmigrant agricultural worker, a designated 

21 agricultural employer, or any person reached 

22 through the mediation process required under sub23 section (g)(2)(C) shall preclude any right of action 

24 arising out of the same facts between the parties in 

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1 ceeding, unless specifically provided otherwise in the 

2 settlement agreement. 

3 ‘‘(5) SETTLEMENTS.—Any settlement by the 

4 Secretary of Labor with a designated agricultural 

5 worker on behalf of a nonimmigrant agricultural 

6 worker of a complaint filed with the Secretary of 

7 Labor under this section or any finding by the Sec8 retary of Labor under this subsection shall preclude 

9 any right of action arising out of the same facts be10 tween the parties under any Federal or State court 

11 or administrative proceeding, unless specifically pro12 vided otherwise in the settlement agreement. 

13 ‘‘(6) STATUTORY CONSTRUCTION.—Nothing in 

14 this subsection may be construed as limiting the au15 thority of the Secretary of Labor to conduct any 

16 compliance investigation under any other labor law, 

17 including any law affecting migrant and seasonal ag18 ricultural workers, or, in the absence of a complaint 

19 under this section. 

20 ‘‘(7) DISCRIMINATION PROHIBITED.—It is a 

21 violation of this subsection for any person who has 

22 filed a petition under subsection (e) or (f) to intimi23 date, threaten, restrain, coerce, blacklist, discharge, 

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1 ployee, including a former employee or an applicant 

2 for employment, because the employee— 

3 ‘‘(A) has disclosed information to the em4 ployer, or to any other person, that the em5 ployee reasonably believes evidences a violation 

6 of subsection (e) or (f), or any rule or regula7 tion relating to subsection (e) or (f); or 

8 ‘‘(B) cooperates or seeks to cooperate in an 

9 investigation or other proceeding concerning the 

10 employer’s compliance with the requirements 

11 under subsection (e) or (f) or any rule or regu12 lation pertaining to subsection (e) or (f). 

13 ‘‘(8) ROLE OF ASSOCIATIONS.— 

14 ‘‘(A) VIOLATION BY A MEMBER OF AN AS15 SOCIATION.— 

16 ‘‘(i) IN GENERAL.—If an association 

17 acting as the agent of an employer files an 

18 application on behalf of such employer, the 

19 employer is fully responsible for such appli20 cation, and for complying with the terms 

21 and conditions of subsection (e). If such an 

22 employer is determined to have violated 

23 any requirement described in this sub24 section, the penalty for such violation shall 


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1 apply only to that employer except as pro2 vided in clause (ii). 

3 ‘‘(ii) COLLECTIVE RESPONSIBILITY.— 

4 If the Secretary of Labor determines that 

5 the association or other members of the as6 sociation participated in, had knowledge of, 

7 or reason to know of a violation described 

8 in clause (i), the penalty shall also be in9 voked against the association and complicit 

10 association members. 

11 ‘‘(B) VIOLATIONS BY AN ASSOCIATION

12 ACTING AS AN EMPLOYER.— 

13 ‘‘(i) IN GENERAL.—If an association 

14 filing an application as a sole or joint em15 ployer is determined to have violated any 

16 requirement described in this section, the 

17 penalty for such violation shall apply only 

18 to the association except as provided in 

19 clause (ii). 

20 ‘‘(ii) MEMBER RESPONSIBILITY.—If 

21 the Secretary of Labor determines that 1 

22 or more association members participated 

23 in, had knowledge of, or reason to know of 

24 the violation described in clause (i), the 


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1 penalty shall be invoked against all 

2 complicit association members. 

3 ‘‘(i) SPECIAL NONIMMIGRANT VISA PROCESSING AND

4 WAGE DETERMINATION PROCEDURES FOR CERTAIN AG5 RICULTURAL OCCUPATIONS.— 

6 ‘‘(1) FINDING.—Certain industries possess 

7 unique occupational characteristics that necessitate 

8 the Secretary of Agriculture to adopt special proce9 dures relating to housing, pay, and visa program ap10 plication requirements for those industries. 

11 ‘‘(2) SPECIAL PROCEDURES INDUSTRY DE12 FINED.—In this subsection, the term ‘Special Proce13 dures Industry’ means— 

14 ‘‘(A) sheepherding and goat herding; 

15 ‘‘(B) itinerant commercial beekeeping and 

16 pollination; 

17 ‘‘(C) open range production of livestock; 

18 ‘‘(D) itinerant animal shearing; and 

19 ‘‘(E) custom combining industries. 

20 ‘‘(3) WORK LOCATIONS.—The Secretary shall 

21 allow designated agricultural employers in a Special 

22 Procedures Industry that do not operate in a single 

23 fixed-site location to provide, as part of its registra24 tion or petition under the Program, a list of antici25 pated work locations, which— 


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1 ‘‘(A) may include an anticipated itinerary; 

2 and 

3 ‘‘(B) may be subsequently amended by the 

4 employer, after notice to the Secretary. 

5 ‘‘(4) WAGE RATES.—The Secretary may estab6 lish monthly, weekly, or biweekly wage rates for oc7 cupations in a Special Procedures Industry for a 

8 State or other geographic area. For an employer in 

9 those Special Procedures Industries that typically 

10 pay a monthly wage, the Secretary shall require that 

11 workers will be paid not less frequently than month12 ly and at a rate no less than the legally required 

13 monthly cash wage for such employer as of the date 

14 of the enactment of the Border Security, Economic 

15 Opportunity, and Immigration Modernization Act 

16 and in an amount as re-determined annually by the 

17 Secretary of Agriculture through rulemaking. 

18 ‘‘(5) HOUSING.—The Secretary shall allow for 

19 the provision of housing or a housing allowance by 

20 employers in Special Procedures Industries and 

21 allow housing suitable for workers employed in re22 mote locations. 

23 ‘‘(6) ALLERGY LIMITATION.—An employer en24 gaged in the commercial beekeeping or pollination 

25 services industry may require that an applicant be 


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1 free from bee pollen, venom, or other bee-related al2 lergies. 

3 ‘‘(7) APPLICATION.—An individual employer in 

4 a Special Procedures Industry may file a program 

5 petition on its own behalf or in conjunction with an 

6 association of employers. The employer’s petition 

7 may be part of several related petitions submitted si8 multaneously that constitute a master petition. 

9 ‘‘(8) RULEMAKING.—The Secretary or, as ap10 propriate, the Secretary of Homeland Security or 

11 the Secretary of Labor, after consultation with em12 ployers and employee representatives, shall publish 

13 for notice and comment proposed regulations relat14 ing to housing, pay, and application procedures for 

15 Special Procedures Industries. 

16 ‘‘(j) MISCELLANEOUS PROVISIONS.— 

17 ‘‘(1) DISQUALIFICATION OF NONIMMIGRANT AG18 RICULTURAL WORKERS FROM FINANCIAL ASSIST19 ANCE.—An alien admitted as a nonimmigrant agri20 cultural worker is not eligible for any program of fi21 nancial assistance under Federal law (whether 

22 through grant, loan, guarantee, or otherwise) on the 

23 basis of financial need, as such programs are identi24 fied by the Secretary in consultation with other 

25 agencies of the United States. 


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1 ‘‘(2) MONITORING REQUIREMENT.— 

2 ‘‘(A) IN GENERAL.—The Secretary shall 

3 monitor the movement of nonimmigrant agricul4 tural workers through— 

5 ‘‘(i) the Employment Verification Sys6 tem described in section 274A(b); and 

7 ‘‘(ii) the electronic monitoring system 

8 established pursuant to subparagraph (B). 

9 ‘‘(B) ELECTRONIC MONITORING SYSTEM.— 

10 Not later than 2 years after the effective date 

11 of this section, the Secretary of Homeland Se12 curity, through the Director of U.S. Citizenship 

13 and Immigration Services, shall establish an 

14 electronic monitoring system, which shall— 

15 ‘‘(i) be modeled on the Student and 

16 Exchange Visitor Information System 

17 (SEVIS) and the SEVIS II tracking sys18 tem administered by U.S. Immigration and 

19 Customs Enforcement; 

20 ‘‘(ii) monitor the presence and em21 ployment of nonimmigrant agricultural 

22 workers; and 

23 ‘‘(iii) assist in ensuring the compli24 ance of designated agricultural employers 


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1 and nonimmigrant agricultural workers 

2 with the requirements of the Program.’’. 

3 (b) RULEMAKING.—The Secretary of Agriculture 

4 shall issue regulations to carry out section 218A of the 

5 Immigration and Nationality Act, as added by subsection 

6 (a), not later than 1 year after the date of the enactment 

7 of this Act. 

8 (c) CLERICAL AMENDMENT.—The table of contents 

9 is amended by inserting after the item relating to section 

10 218 the following: 

‘‘Sec. 218A. Nonimmigrant agricultural worker program.’’. 

11 (d) EFFECTIVE DATE.—The amendments made by 

12 this section shall take effect on October 1, 2014. 

13 SEC. 2233. TRANSITION OF H–2A WORKER PROGRAM. 

14 (a) SUNSET OF PROGRAM.— 

15 (1) IN GENERAL.—Except as provided in para16 graph (2), an employer may not petition to employ 

17 an alien pursuant to section 101(a)(15)(H)(ii)(a) of 

18 the Immigration and Nationality Act (8 U.S.C. 

19 1101(a)(15)(H)(ii)(a)) after the date that is 1 year 

20 after the date on which the regulations issued pursu21 ant to section 2241(b) become effective. 

22 (2) EXCEPTION.—An employer may employ an 

23 alien described in paragraph (1) for the shorter of— 

24 (A) 10 months; or 

25 (B) the time specified in the position. 


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1 (b) CONFORMING AMENDMENTS.— 

2 (1) REPEAL OF H–2A NONIMMIGRANT CAT3 EGORY.—Section 101(a)(15)(H)(ii) (8 U.S.C. 

4 1101(a)(15)(H)(ii)) is amended by striking sub5 clause (a). 

6 (2) REPEAL OF ADMISSION REQUIREMENTS FOR

7 H–2A WORKER.—Section 218 (8 U.S.C. 1188) is re8 pealed. 

9 (3) CONFORMING AMENDMENTS.— 

10 (A) AMENDMENT OF PETITION REQUIRE11 MENTS.—Section 214(c)(1) (8 U.S.C. 

12 1184(c)(1)) is amended by striking ‘‘For pur13 poses of this subsection’’ and all that follows. 

14 (B) CLERICAL AMENDMENT.—The table of 

15 contents is amended by striking the item relat16 ing to section 218. 

17 (4) EFFECTIVE DATE.—The amendments made 

18 by this subsection shall take effect on the date that 

19 is 1 year after the effective date of the regulations 

20 issued pursuant to section 2241(b). 

21 SEC. 2234. REPORTS TO CONGRESS ON NONIMMIGRANT AG22 RICULTURAL WORKERS. 

23 (a) ANNUAL REPORT BY SECRETARY OF AGRI24 CULTURE.—Not later than September 30 of each year, the 

25 Secretary of Agriculture shall submit a report to Congress 


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1 that identifies, for the previous year, the number, 

2 disaggregated by State and by occupation, of— 

3 (1) job opportunities approved for employment 

4 of aliens admitted pursuant to clause (iii) or clause 

5 (iv) of section 101(a)(15)(W) of the Immigration 

6 and Nationality Act, as added by section 2231; and 

7 (2) aliens actually admitted pursuant to each 

8 such clause. 

9 (b) ANNUAL REPORT BY SECRETARY OF HOMELAND

10 SECURITY.—Not later than September 30 of each year, 

11 the Secretary shall submit a report to Congress that iden12 tifies, for the previous year, the number of aliens described 

13 in subsection (a)(2) who— 

14 (1) violated the terms of the nonimmigrant ag15 ricultural worker program established under section 

16 218A(b) of the Immigration and Nationality Act, as 

17 added by section 2232; and 

18 (2) have not departed from the United States. 

19 CHAPTER 3—OTHER PROVISIONS 

20 SEC. 2241. RULEMAKING. 

21 (a) CONSULTATION REQUIREMENT.—In the course of 

22 promulgating any regulation necessary to implement this 

23 subtitle, or the amendments made by this subtitle, the Sec24 retary, the Secretary of Agriculture, the Secretary of 


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1 Labor, and the Secretary of State shall regularly consult 

2 with each other. 

3 (b) DEADLINE FOR ISSUANCE OF REGULATIONS.— 

4 Except as provided in section 2232(b), all regulations to 

5 implement this subtitle and the amendments made by this 

6 subtitle shall be issued not later than 6 months after the 

7 date of the enactment of this Act. 

8 SEC. 2242. REPORTS TO CONGRESS. 

9 Not later than 180 days after the date of the enact10 ment of this Act, the Secretary and the Secretary of Agri11 culture shall jointly submit a report to Congress that de12 scribes the measures being taken and the progress made 

13 in implementing this subtitle and the amendments made 

14 by this subtitle. 

15 SEC. 2243. BENEFITS INTEGRITY PROGRAMS. 

16 (a) IN GENERAL.—Without regard to whether per17 sonal interviews are conducted in the adjudication of bene18 fits provided for by section 210A, 218A, 245B, 245C, 

19 245D, 245E, or 245F of the Immigration and Nationality 

20 Act, or in seeking a benefit under section 101(a)(15)(U) 

21 of the Immigration and Nationality Act, section 1242 of 

22 the Refugee Crisis in Iraq Act of 2007 (8 U.S.C. 1157 

23 note), section 602(b) of the Afghan Allies Protection Act 

24 of 2009 (8 U.S.C. 1101 note), or section 2211 of this Act, 

25 the Secretary shall uphold and maintain the integrity of 


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1 those benefits by carrying out for each of them, within 

2 the Fraud Detection and National Security Directorate of 

3 U.S. Citizenship and Immigration Services, programs as 

4 follows: 

5 (1) A benefit fraud assessment program to 

6 quantify fraud rates, detect ongoing fraud trends, 

7 and develop appropriate countermeasures, including 

8 through a random sample of both pending and com9 pleted cases. 

10 (2) A compliance review program, including site 

11 visits, to identify frauds and deter fraudulent and il12 legal activities. 

13 (b) REPORTS.— 

14 (1) IN GENERAL.—Not later than 90 days after 

15 the date of the enactment of this Act, U.S. Citizen16 ship and Immigration Services shall annually submit 

17 to Congress a report on the programs carried out 

18 pursuant to subsection (a). 

19 (2) ELEMENTS IN FIRST REPORT.—The initial 

20 report submitted under paragraph (1) shall include 

21 the methodologies to be used by the Fraud Detection 

22 and National Security Directorate for each of the 

23 programs specified in paragraphs (1) and (2) of sub24 section (a). 


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1 (3) ELEMENTS IN SUBSEQUENT REPORTS.— 

2 Each subsequent report under paragraph (1) shall 

3 include, for the calendar year covered by such re4 port, a descriptions of examples of fraud detected, 

5 fraud rates for programs and types of applicants, 

6 and a description of the disposition of the cases in 

7 which fraud was detected or suspected. 

8 (c) USE OF FINDINGS OF FRAUD.—Any instance of 

9 fraud or abuse detected pursuant to a program carried 

10 out pursuant to subsection (a) may be used to deny or 

11 revoke benefits, and may also be referred to U.S. Immi12 gration and Customs Enforcement for investigation of 

13 criminal violations of section 266 of the Immigration and 

14 Nationality Act (8 U.S.C. 1306). 

15 (d) FUNDING.—There are authorized to be appro16 priated, from the Comprehensive Immigration Reform 

17 Trust Fund established under section 9(a)(1), such sums 

18 as may be necessary to carry out this section. 

19 SEC. 2244. EFFECTIVE DATE. 

20 This subtitle and the amendments made by this sub21 title, except for sections 2231, 2232, and 2233, shall take 

22 effect on the date on which the regulations required under 

23 section 2241 are issued, regardless of whether such regu24 lations are issued on an interim basis or on any other 

25 basis. 


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1 Subtitle C—Future Immigration 

2 SEC. 2301. MERIT-BASED POINTS TRACK ONE. 

3 (a) IN GENERAL.— 

4 (1) WORLDWIDE LEVEL OF MERIT-BASED IMMI5 GRANTS.—Section 201(e) (8 U.S.C. 1151(e)) is 

6 amended to read as follows: 

7 ‘‘(e) WORLDWIDE LEVEL OF MERIT-BASED IMMI8 GRANTS.— 

9 ‘‘(1) IN GENERAL.— 

10 ‘‘(A) NUMERICAL LIMITATION.—Subject to 

11 paragraphs (2), (3), and (4), the worldwide 

12 level of merit-based immigrants is equal to 

13 120,000 for each fiscal year. 

14 ‘‘(B) STATUS.—An alien admitted on the 

15 basis of a merit-based immigrant visa under 

16 this section shall have the status of an alien 

17 lawfully admitted for permanent residence. 

18 ‘‘(2) ANNUAL INCREASE.— 

19 ‘‘(A) IN GENERAL.—Subject to subpara20 graph (B) and paragraph (3), if in any fiscal 

21 year the worldwide level of visas available for 

22 merit-based immigrants under this section— 

23 ‘‘(i) is less than 75 percent of the 

24 number of applicants for such fiscal year, 


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1 the worldwide level shall increase by 5 per2 cent for the next fiscal year; and 

3 ‘‘(ii) is equal to or more than 75 per4 cent of such number, the worldwide level 

5 for the next fiscal year shall be the same 

6 as the worldwide level for such fiscal year, 

7 minus any amount added to the worldwide 

8 level for such fiscal year under paragraph 

9 (4). 

10 ‘‘(B) LIMITATION ON INCREASE.—The 

11 worldwide level of visas available for merit12 based immigrants shall not exceed 250,000. 

13 ‘‘(3) EMPLOYMENT CONSIDERATION.—The 

14 worldwide level of visas available for merit-based im15 migrants may not be increased for a fiscal year 

16 under paragraph (2) if the annual average unem17 ployment rate for the civilian labor force 18 years or 

18 over in the United States, as determined by the Bu19 reau of Labor Statistics, for such previous fiscal 

year is more than 81 20 ⁄2 percent. 

21 ‘‘(4) RECAPTURE OF UNUSED VISAS.—The 

22 worldwide level of merit-based immigrants described 

23 in paragraph (1) for a fiscal year shall be increased 

24 by the difference (if any) between the worldwide 

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1 vious fiscal year and the number of visas actually 

2 issued under this subsection during that fiscal year. 

3 Such visas shall be allocated for the following year 

4 pursuant to section 203(c)(3).’’. 

5 (2) MERIT-BASED IMMIGRANTS.—Section 203 

6 (8 U.S.C. 1153) is amended by inserting after sub7 section (b) the following: 

8 ‘‘(c) MERIT-BASED IMMIGRANTS.— 

9 ‘‘(1) FISCAL YEARS 2015 THROUGH 2017.—Dur10 ing each of the fiscal years 2015 through 2017, the 

11 worldwide level of merit-based immigrant visas made 

12 available under section 201(e)(1) shall be available 

13 for aliens described in section 203(b)(3) and in addi14 tion to any visas available for such aliens under such 

15 section. 

16 ‘‘(2) SUBSEQUENT FISCAL YEARS.—During fis17 cal year 2018 and each subsequent fiscal year, aliens 

18 subject to the worldwide level specified in section 

19 201(e) for merit-based immigrants shall be allocated 

20 as follows: 

21 ‘‘(A) 50 percent shall be available to appli22 cants with the highest number of points allo23 cated under tier 1 in paragraph (4). 


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1 ‘‘(B) 50 percent shall be available to appli2 cants with the highest number of points allo3 cated under tier 2 in paragraph (5). 

4 ‘‘(3) UNUSED VISAS.—If the total number of 

5 visas allocated to tier 1 or tier 2 for a fiscal year 

6 are not granted during that fiscal year, such number 

7 may be added to the number of visas available under 

8 section 201(e)(1) for the following fiscal year and al9 located as follows: 

10 ‘‘(A) If the unused visas were allocated for 

tier 1 in a fiscal year, 2 11 ⁄3 of such visas shall be 

12 available for aliens allocated visas under tier 1 

in the following fiscal year and 1 13 ⁄3 of such visas 

14 shall be available for aliens allocated visas 

15 under either tier 1 or tier 2 in the following fis16 cal year. 

17 ‘‘(B) If the unused visas were allocated for 

tier 2 in a fiscal year, 2 18 ⁄3 of such visas shall be 

19 available for aliens allocated visas under tier 2 

in the following fiscal year and 1 20 ⁄3 of such visas 

21 shall be available for aliens allocated visas 

22 under either tier 1 or tier 2 in the following fis23 cal year. 


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1 ‘‘(4) TIER 1.—The Secretary shall allocate 

2 points to each alien seeking to be a tier 1 merit3 based immigrant as follows: 

4 ‘‘(A) EDUCATION.— 

5 ‘‘(i) IN GENERAL.—An alien may re6 ceive points under only 1 of the following 

7 categories: 

8 ‘‘(I) An alien who has received a 

9 doctorate degree from an institution 

10 of higher education in the United 

11 States or the foreign equivalent shall 

12 be allocated 15 points. 

13 ‘‘(II) An alien who has received a 

14 master’s degree from an institution of 

15 higher education in the United States 

16 or the foreign equivalent shall be allo17 cated 10 points. 

18 ‘‘(ii) An alien who has received a 

19 bachelor’s degree from an institution of 

20 higher education (as defined in section 

21 101(a) of the Higher Education Act of 

22 1965 (20 U.S.C. 1001(a)) shall be allo23 cated 5 points. 


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1 ‘‘(B) EMPLOYMENT EXPERIENCE.—An 

2 alien shall be allocated not more than 20 points 

3 as follows: 

4 ‘‘(i) 3 points for each year the alien 

5 has been lawfully employed in a zone 5 oc6 cupation in the United States. 

7 ‘‘(ii) 2 points for each year the alien 

8 has been lawfully employed in a zone 4 oc9 cupation in the United States. 

10 ‘‘(C) EMPLOYMENT RELATED TO EDU11 CATION.—An alien who is in the United States 

12 and is employed full-time or has an offer of full13 time employment in a field related to the alien’s 

14 education— 

15 ‘‘(i) in a zone 5 occupation shall be al16 located 10 points; or 

17 ‘‘(ii) in a zone 4 occupation shall be 

18 allocated 8 points. 

19 ‘‘(D) ENTREPRENEURSHIP.—An alien who 

20 is an entrepreneur in business that employs at 

21 least 2 employees in a zone 4 occupation or a 

22 zone 5 occupation shall be allocated 10 points. 

23 ‘‘(E) HIGH DEMAND OCCUPATION.—An 

24 alien who is employed full-time in the United 

25 States or has an offer of full-time employment 


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1 in a high demand tier 1 occupation shall be al2 located 10 points. 

3 ‘‘(F) CIVIC INVOLVEMENT.—An alien who 

4 has attested that he or she has engaged in a 

5 significant amount of community service, as de6 termined by the Secretary, shall be allocated 2 

7 points. 

8 ‘‘(G) ENGLISH LANGUAGE.—An alien who 

9 received a score of 80 or more on the Test of 

10 English as a Foreign Language, or an equiva11 lent score on a similar test, as determined by 

12 the Secretary, shall be allocated 10 points. 

13 ‘‘(H) SIBLINGS AND MARRIED SONS AND

14 DAUGHTERS OF CITIZENS.—An alien who is the 

15 sibling of a citizen of the United States or who 

16 is over 31 years of age and is the married son 

17 or married daughter of a citizen of the United 

18 States shall be allocated 10 points. 

19 ‘‘(I) AGE.—An alien who is— 

20 ‘‘(i) between 18 and 24 years of age 

21 shall be allocated 8 points; 

22 ‘‘(ii) between 25 and 32 years of age 

23 shall be allocated 6 points; or 

24 ‘‘(iii) between 33 and 37 years of age 

25 shall be allocated 4 points. 


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1 ‘‘(J) COUNTRY OF ORIGIN.—An alien who 

2 is a national of a country of which fewer than 

3 50,000 nationals were lawfully admitted to per4 manent residence in the United States in the 

5 previous 5 years shall be allocated 5 points. 

6 ‘‘(5) TIER 2.—The Secretary shall allocate 

7 points to each alien seeking to be a tier 2 merit8 based immigrant as follows: 

9 ‘‘(A) EMPLOYMENT EXPERIENCE.—An 

10 alien shall be allocated 2 points for each year 

11 the alien has been lawfully employed in the 

12 United States, for a total of not more than 20 

13 points. 

14 ‘‘(B) SPECIAL EMPLOYMENT CRITERIA.— 

15 An alien who is employed full-time in the 

16 United States, or has an offer of full-time em17 ployment— 

18 ‘‘(i) in a high demand tier 2 occupa19 tion shall be allocated 10 points; or 

20 ‘‘(ii) in a zone 1, zone 2, or zone 3 oc21 cupation shall be allocated 10 points. 

22 ‘‘(C) CAREGIVER.—An alien who is or has 

23 been a primary caregiver shall be allocated 10 

24 points. 


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1 ‘‘(D) EXCEPTIONAL EMPLOYMENT

2 RECORD.—An alien who has a record of excep3 tional employment, as determined by the Sec4 retary, shall be allocated 10 points. In deter5 mining a record of exceptional employment, the 

6 Secretary shall consider factors including pro7 motions, longevity, changes in occupations from 

8 a lower job zone to a higher job zone, partici9 pated in safety training, and increases in pay. 

10 ‘‘(E) CIVIC INVOLVEMENT.—An alien who 

11 has demonstrated significant civic involvement 

12 shall be allocated 2 points. 

13 ‘‘(F) ENGLISH LANGUAGE.— 

14 ‘‘(i) ENGLISH PROFICIENCY.—An 

15 alien who has demonstrated English pro16 ficiency, as determined by a standardized 

17 test designated by the Secretary of Edu18 cation, shall be allocated 10 points. 

19 ‘‘(ii) ENGLISH KNOWLEDGE.—An 

20 alien who has demonstrated English knowl21 edge, as determined by a standardized test 

22 designated by the Secretary of Education, 

23 shall be allocated 5 points. 

24 ‘‘(G) SIBLINGS AND MARRIED SONS AND

25 DAUGHTERS OF CITIZENS.—An alien who is the 


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1 sibling of a citizen of the United States or is 

2 over the age of 31 and is the married son or 

3 married daughter of a citizen of the United 

4 States shall be allocated 10 points. 

5 ‘‘(H) AGE.—An alien who is— 

6 ‘‘(i) between 18 and 24 years of age 

7 shall be allocated 8 points; 

8 ‘‘(ii) between 25 and 32 years of age 

9 shall be allocated 6 points; or 

10 ‘‘(iii) between 33 and 37 years of age 

11 shall be allocated 4 points. 

12 ‘‘(I) COUNTRY OF ORIGIN.—An alien who 

13 is a national of a country of which fewer than 

14 50,000 nationals were lawfully admitted to per15 manent residence in the United States in the 

16 previous 5 years shall be allocated 5 points. 

17 ‘‘(6) APPLICATION PROCEDURES.— 

18 ‘‘(A) SUBMISSION.—During the 30-day pe19 riod beginning on the first October 1 occurring 

20 at least 3 years after the date of the enactment 

21 of the Border Security, Economic Opportunity, 

22 and Immigration Modernization Act, and dur23 ing each 30-day period beginning on October 1 

24 in subsequent years, eligible aliens may submit, 

25 to U.S. Citizenship and Immigration Services, 


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1 an application for a merit-based immigrant visa 

2 that contains such information as the Secretary 

3 may reasonably require. 

4 ‘‘(B) ADJUDICATION.—Before the last day 

5 of each fiscal year in which applications are 

6 filed pursuant to subparagraph (A), the Direc7 tor, U.S. Citizenship and Immigration Services, 

8 shall— 

9 ‘‘(i) review the applications to deter10 mine which aliens will be granted a merit 

11 based immigrant visa in the following fiscal 

12 year in accordance with this subsection; 

13 and 

14 ‘‘(ii) in coordination with the Sec15 retary of State, provide such visas to all 

16 successful applicants. 

17 ‘‘(C) FEE.—An alien who is allocated a 

18 visa under this subsection shall pay a fee of 

19 $1,500 in addition to any fee assessed to cover 

20 the costs to process an application under this 

21 subsection. Fees collected under this paragraph 

22 shall be deposited by the Secretary into the 

23 Comprehensive Immigration Reform Trust 

24 Fund established under section 9(a)(1) of the 


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1 Border Security, Economic Opportunity, and 

2 Immigration Modernization Act. 

3 ‘‘(7) ELIGIBILITY OF ALIENS IN REGISTERED

4 PROVISIONAL IMMIGRANT STATUS.—An alien who 

5 was granted registered provisional immigrant status 

6 under section 245B is not eligible to receive a merit7 based immigrant visa under section 201(e). 

8 ‘‘(8) INELIGIBILITY OF ALIENS WITH PENDING

9 OR APPROVED PETITIONS.—An alien who has a peti10 tion pending or approved in another immigrant cat11 egory under this section or section 201 may not 

12 apply for a merit-based immigrant visa. 

13 ‘‘(9) DEFINITIONS.—In this subsection: 

14 ‘‘(A) HIGH DEMAND TIER 1 OCCUPA15 TION.—The term ‘high demand tier 1 occupa16 tion’ means 1 of the 5 occupations for which 

17 the highest number of nonimmigrants described 

18 in section 101(a)(15)(H)(i) were sought to be 

19 admitted by employers during the previous fis20 cal year. 

21 ‘‘(B) HIGH DEMAND TIER 2 OCCUPA22 TION.—The term ‘high demand tier 2 occupa23 tion’ means 1 of the 5 occupations for which 

24 the highest number of positions were sought to 


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1 become registered positions by employers under 

2 section 220(e) during the previous fiscal year. 

3 ‘‘(C) SECRETARY.—The term ‘Secretary’ 

4 means the Secretary of Homeland Security. 

5 ‘‘(D) ZONE 1 OCCUPATION.—The term 

6 ‘zone 1 occupation’ means an occupation that 

7 requires little or no preparation and is classified 

8 as a zone 1 occupation on— 

9 ‘‘(i) the Occupational Information 

10 Network Database (O*NET) on the date 

11 of the enactment of the Border Security, 

12 Economic Opportunity, and Immigration 

13 Modernization Act; or 

14 ‘‘(ii) such Database or a similar suc15 cessor database, as designated by the Sec16 retary of Labor, after such date of enact17 ment. 

18 ‘‘(E) ZONE 2 OCCUPATION.—The term 

19 ‘zone 2 occupation’ means an occupation that 

20 requires some preparation and is classified as a 

21 zone 2 occupation on— 

22 ‘‘(i) the Occupational Information 

23 Network Database (O*NET) on the date 

24 of the enactment of the Border Security, 


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1 Economic Opportunity, and Immigration 

2 Modernization Act; or 

3 ‘‘(ii) such Database or a similar suc4 cessor database, as designated by the Sec5 retary of Labor, after such date of enact6 ment. 

7 ‘‘(F) ZONE 3 OCCUPATION.—The term 

8 ‘zone 3 occupation’ means an occupation that 

9 requires medium preparation and is classified 

10 as a zone 3 occupation on— 

11 ‘‘(i) the Occupational Information 

12 Network Database (O*NET) on the date 

13 of the enactment of the Border Security, 

14 Economic Opportunity, and Immigration 

15 Modernization Act; or 

16 ‘‘(ii) such Database or a similar suc17 cessor database, as designated by the Sec18 retary of Labor, after such date of enact19 ment. 

20 ‘‘(G) ZONE 4 OCCUPATION.—The term 

21 ‘zone 4 occupation’ means an occupation that 

22 requires considerable preparation and is classi23 fied as a zone 4 occupation on— 

24 ‘‘(i) the Occupational Information 

25 Network Database (O*NET) on the date 


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1 of the enactment of theBorder Security, 

2 Economic Opportunity, and Immigration 

3 Modernization Act; or 

4 ‘‘(ii) such Database or a similar suc5 cessor database, as designated by the Sec6 retary of Labor, after such date of enact7 ment. 

8 ‘‘(H) ZONE 5 OCCUPATION.—The term 

9 ‘zone 5 occupation’ means an occupation that 

10 requires extensive preparation and is classified 

11 as a zone 5 occupation on— 

12 ‘‘(i) the Occupational Information 

13 Network Database (O*NET) on the date 

14 of the enactment of the Border Security, 

15 Economic Opportunity, and Immigration 

16 Modernization Act; or 

17 ‘‘(ii) such Database or a similar suc18 cessor database, as designated by the Sec19 retary of Labor, after such date of enact20 ment.’’. 

21 (3) GAO STUDY AND REPORT.— 

22 (A) STUDY.—The Comptroller General of 

23 the United States shall conduct a study of the 

24 merit-based immigration system established 

25 under section 203(c) of the Immigration and 


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1 Nationality Act, as amended by paragraph (2), 

2 to determine, during the first 7 years of such 

3 system— 

4 (i) how the points described in para5 graphs (4)(H), (4)(J), (5)(G), and (5)(I) 

6 of section 203(c) of such Act were utilized; 

7 (ii) how many of the points allocated 

8 to people lawfully admitted for permanent 

9 residence were allocated under such para10 graphs; 

11 (iii) how many people who were allo12 cated points under such paragraphs were 

13 not lawfully admitted to permanent resi14 dence; 

15 (iv) the countries of origin of the peo16 ple who applied for a merit-based visa 

17 under section 203(c) of such Act; 

18 (v) the number of such visas issued 

19 under tier 1 and tier 2 to males and fe20 males, respectively; 

21 (vi) the age of individuals who were 

22 issued such visas; and 

23 (vii) the educational attainment and 

24 occupation of people who were issued such 

25 visas. 


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1 (B) REPORT.—Not later than 7 years after 

2 the date of the enactment of this Act, the 

3 Comptroller General shall submit a report to 

4 Congress that describes the results of the study 

5 conducted pursuant to subparagraph (A). 

6 (b) MODIFICATION OF POINTS.—The Secretary may 

7 submit to Congress a proposal to modify the number of 

8 points allocated under subsection (c) of section 203 of the 

9 Immigration and Nationality Act (8 U.S.C. 1153), as 

10 amended by subsection (a). 

11 (c) EFFECTIVE DATE.—The amendments made by 

12 this section shall take effect on October 1, 2014. 

13 SEC. 2302. MERIT-BASED TRACK TWO. 

14 (a) IN GENERAL.—In addition to any immigrant visa 

15 made available under the Immigration and Nationality Act 

16 (8 U.S.C. 1101 et seq.), as amended by this Act, the Sec17 retary of State shall allocate merit-based immigrant visas 

18 as described in this section. 

19 (b) STATUS.—An alien admitted on the basis of a 

20 merit-based immigrant visa under this section shall have 

21 the status of an alien lawfully admitted for permanent res22 idence (as that term is defined in section 101(a)(20) of 

23 the Immigration and Nationality Act (8 U.S.C. 

24 1101(a)(20)). 


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1 (c) ELIGIBILITY.—Beginning on October 1, 2014, the 

2 following aliens shall be eligible for merit-based immigrant 

3 visas under this section: 

4 (1) EMPLOYMENT-BASED IMMIGRANTS.—An 

5 alien who is the beneficiary of a petition filed before 

6 the date of the enactment of this Act to accord sta7 tus under section 203(b) of the Immigration and 

8 Nationality Act, if the visa has not been issued with9 in 5 years after the date on which such petition was 

10 filed. 

11 (2) FAMILY-SPONSORED IMMIGRANTS.—Subject 

12 to subsection (d), an alien who is the beneficiary of 

13 a petition filed to accord status under section 203(a) 

14 of the Immigration and Nationality Act— 

15 (A) prior to the date of the enactment of 

16 this Act, if the visa was not issued within 5 

17 years after the date on which such petition was 

18 filed; or 

19 (B) after such date of enactment, to ac20 cord status under paragraph (3) or (4) of sec21 tion 203(a) of the Immigration and Nationality 

22 Act (8 U.S.C. 1153(a)), as in effect the minute 

23 before the effective date specified in section 

24 2307(a)(3) of this Act, and the visa was not 


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1 issued within 5 years after the date on which 

2 petition was filed. 

3 (3) LONG-TERM ALIEN WORKERS AND OTHER

4 MERIT-BASED IMMIGRANTS.—An alien who— 

5 (A) is not admitted pursuant to subpara6 graph (W) of section 101(a)(15) of the Immi7 gration and Nationality Act (8 U.S.C. 

8 1101(a)(15)); and 

9 (B) has been lawfully present in the 

10 United States in a status that allows for em11 ployment authorization for a continuous period, 

12 not counting brief, casual, and innocent ab13 sences, of not less than 10 years. 

14 (d) ALLOCATION OF EMPLOYMENT-SPONSORED

15 MERIT-BASED IMMIGRANT VISAS.—In each of the fiscal 

16 years 2015 through and including 2021, the Secretary of 

17 State shall allocate to aliens described in subsection (c)(1) 

a number of merit-based immigrant visas equal to 1 18 ⁄7 of 

19 the number of aliens described in subsection (c)(1) whose 

20 visas had not been issued as of the date of the enactment 

21 of this Act. 

22 (e) ALLOCATION OF FAMILY-SPONSORED MERIT23 BASED IMMIGRANT VISAS.—The visas authorized by sub24 section (c)(2) shall be allocated as follows: 


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1 (1) SPOUSES AND CHILDREN OF PERMANENT

2 RESIDENTS.—Petitions to accord status under sec3 tion 203(a)(2)(A) of the Immigration and Nation4 ality Act (8 U.S.C. 1153(a)(2)(A)), as in effect the 

5 minute before the effective date specified in section 

6 2307(a)(3) of this Act, are automatically converted 

7 to petitions to accord status to the same bene8 ficiaries as immediate relatives under section 

9 201(b)(2)(A) of the Immigration and Nationality 

10 Act (8 U.S.C. 1151(b)(2)(A)). 

11 (2) OTHER FAMILY MEMBERS.—In each of the 

12 fiscal years 2015 through and including 2021, the 

13 Secretary of State shall allocate to the aliens de14 scribed in subsection (c)(2)(A), other than those 

15 aliens described in paragraph (1), a number of transitional merit-based immigrant visas equal to 1 16 ⁄7 of 

17 the difference between— 

18 (A) the number of aliens described in sub19 section (c)(2)(A) whose visas had not been 

20 issued as of the date of the enactment of this 

21 Act; and 

22 (B) the number of aliens described in 

23 paragraph (1). 

24 (3) ORDER OF ISSUANCE FOR PREVIOUSLY

25 FILED APPLICATIONS.—Subject to paragraphs (1) 


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1 and (2), the visas authorized by subsection (c)(2)(A) 

2 shall be issued without regard to a per country limi3 tation in the order described in section 203(a) of the 

4 Immigration and Nationality Act (8 U.S.C. 

5 1153(a)), as amended by section 2305(b), in the 

6 order in which the petitions to accord status under 

7 such section 203(a) were filed prior to the date of 

8 the enactment of this Act. 

9 (4) SUBSEQUENTLY FILED APPLICATIONS.—In 

10 fiscal year 2022, the Secretary of State shall allocate 

11 to the aliens described in subsection (c)(2)(B), the 

number of merit-based immigrant visas equal to 1 12 ⁄2

13 of the number of aliens described in subsection 

14 (c)(2)(B) whose visas had not been issued by Octo15 ber 1, 2021. In fiscal year 2023, the Secretary of 

16 State shall allocate to the aliens described in sub17 section (c)(2)(B), the number of merit-based immi18 grant visas equal to the number of aliens described 

19 in subsection (c)(2)(B) whose visas had not been 

20 issued by October 1, 2022. 

21 (5) ORDER OF ISSUANCE FOR SUBSEQUENTLY

22 FILED APPLICATIONS.—Subject to paragraph (4), 

23 the visas authorized by subsection (c)(2)(B) shall be 

24 issued in the order in which the petitions to accord 

25 status under section 203(a) of the Immigration and 


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1 Nationality Act were filed, as in effect the minute 

2 before the effective date specified in section 

3 2307(a)(3) of this Act. 

4 (f) APPLICABILITY OF CERTAIN GROUNDS OF INAD5 MISSIBILITY.—In determining an alien’s inadmissibility 

6 under this section, section 212(a)(9)(B) of the Immigra7 tion and Nationality Act (8 U.S.C. 1193(a)(9)(B)) shall 

8 not apply. 

9 (g) ELIGIBILITY IN YEARS AFTER 2028.—Beginning 

10 in fiscal year 2029, aliens eligible for adjustment of status 

11 under subsection (c)(3) must be lawfully present in an em12 ployment authorized status for 20 years prior to filing an 

13 application for adjustment of status. 

14 SEC. 2303. REPEAL OF THE DIVERSITY VISA PROGRAM. 

15 (a) IN GENERAL.—Title II (8 U.S.C. 1151 et seq.) 

16 is amended— 

17 (1) in section 201(a) (8 U.S.C. 1151(a))— 

18 (A) in paragraph (1), by adding ‘‘and’’ at 

19 the end; 

20 (B) in paragraph (2), by striking ‘‘; and’’ 

21 at the end and inserting a period; and 

22 (C) by striking paragraph (3); 

23 (2) in section 203 (8 U.S.C. 1153)— 

24 (A) by striking subsection (c); 

25 (B) in subsection (e)— 


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1 (i) by striking paragraph (2); and 

2 (ii) by redesignating paragraph (3) as 

3 paragraph (2); 

4 (C) in subsection (f), by striking ‘‘(a), (b), 

5 or (c) of this section’’ and inserting ‘‘(a) or 

6 (b)’’; and 

7 (D) in subsection (g), by striking ‘‘(a), (b), 

8 and (c)’’ and inserting ‘‘(a) and (b)’’; and 

9 (3) in section 204 (8 U.S.C. 1154)— 

10 (A) in subsection (a), as amended by sec11 tion 2305(d)(6)(A)(i), by striking paragraph 

12 (8); and 

13 (B) in subsection (e), by striking ‘‘(a), (b), 

14 or (c)’’ and inserting ‘‘(a) or (b)’’. 

15 (b) EFFECTIVE DATE AND APPLICATION.— 

16 (1) EFFECTIVE DATE.—The amendments made 

17 by this section shall take effect on October 1, 2014. 

18 (2) APPLICATION.—An alien who receives a no19 tification from the Secretary that the alien was se20 lected to receive a diversity immigrant visa under 

21 section 203(c) of the Immigration and Nationality 

22 Act (8 U.S.C. 1153(c)) for fiscal year 2013 or fiscal 

23 year 2014 shall remain eligible to receive such visa 

24 under the rules of such section, as in effect on Sep25 tember 30, 2014. No alien may be allocated such a 


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1 diversity immigrant visa for a fiscal year after fiscal 

2 year 2015. 

3 SEC. 2304. WORLDWIDE LEVELS AND RECAPTURE OF UN4 USED IMMIGRANT VISAS. 

5 (a) EMPLOYMENT-BASED IMMIGRANTS.—Section 

6 201(d) (8 U.S.C. 1151(d)) is amended to read as follows: 

7 ‘‘(d) WORLDWIDE LEVEL OF EMPLOYMENT-BASED

8 IMMIGRANTS.— 

9 ‘‘(1) IN GENERAL.— 

10 ‘‘(A) WORLDWIDE LEVEL.—For a fiscal 

11 year after fiscal year 2015, the worldwide level 

12 of employment-based immigrants under this 

13 subsection is equal to the sum of— 

14 ‘‘(i) 140,000; and 

15 ‘‘(ii) the number computed under 

16 paragraph (2). 

17 ‘‘(B) FISCAL YEAR 2015.—For fiscal year 

18 2015, the worldwide level of employment-based 

19 immigrants under this subsection is equal to 

20 the sum of— 

21 ‘‘(i) 140,000; 

22 ‘‘(ii) the number computed under 

23 paragraph (2); and 

24 ‘‘(iii) the number computed under 

25 paragraph (3). 


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1 ‘‘(2) PREVIOUS FISCAL YEAR.—The number 

2 computed under this paragraph for a fiscal year is 

3 the difference, if any, between the maximum number 

4 of visas which may be issued under section 203(a) 

5 (relating to family-sponsored immigrants) during the 

6 previous fiscal year and the number of visas issued 

7 under that section during that year. 

8 ‘‘(3) UNUSED VISAS.—The number computed 

9 under this paragraph is the difference, if any, be10 tween— 

11 ‘‘(A) the sum of the worldwide levels estab12 lished under paragraph (1), as in effect on the 

13 day before the date of the enactment of the 

14 Border Security, Economic Opportunity, and 

15 Immigration Modernization Act, for fiscal years 

16 1992 through and including 2013; and 

17 ‘‘(B) the number of visas actually issued 

18 under section 203(b) during such fiscal years.’’. 

19 (b) FAMILY-SPONSORED IMMIGRANTS.—Section 

20 201(c) (8 U.S.C. 1151(c)) is amended to read as follows: 

21 ‘‘(c) WORLDWIDE LEVEL OF FAMILY-SPONSORED

22 IMMIGRANTS.— 

23 ‘‘(1) IN GENERAL.— 

24 ‘‘(A) WORLDWIDE LEVEL.—Subject to 

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1 cal year 2015, the worldwide level of family2 sponsored immigrants under this subsection for 

3 a fiscal year is equal to the sum of— 

4 ‘‘(i) 480,000 minus the number com5 puted under paragraph (2); and 

6 ‘‘(ii) the number computed under 

7 paragraph (3). 

8 ‘‘(B) FISCAL YEAR 2015.—Subject to sub9 paragraph (C), for fiscal year 2015, the world10 wide level of family-sponsored immigrants 

11 under this subsection is equal to the sum of— 

12 ‘‘(i) 480,000 minus the number com13 puted under paragraph (2); 

14 ‘‘(ii) the number computed under 

15 paragraph (3); and 

16 ‘‘(iii) the number computed under 

17 paragraph (4). 

18 ‘‘(C) LIMITATION.—The number computed 

19 under subparagraph (A)(i) or (B)(i) may not be 

20 less than 226,000, except that beginning on the 

21 date that is 18 months after the date of the en22 actment of the Border Security, Economic Op23 portunity, and Immigration Modernization Act, 

24 the number computed under subparagraph 

25 (A)(i) or (B)(i) may not be less than 161,000. 


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1 ‘‘(2) IMMEDIATE RELATIVES.—The number 

2 computed under this paragraph for a fiscal year is 

3 the number of aliens described in subparagraph (A) 

4 or (B) of subsection (b)(2) who were issued immi5 grant visas, or who otherwise acquired the status of 

6 an alien lawfully admitted to the United States for 

7 permanent residence, in the previous fiscal year. 

8 ‘‘(3) PREVIOUS FISCAL YEAR.—The number 

9 computed under this paragraph for a fiscal year is 

10 the difference, if any, between the maximum number 

11 of visas which may be issued under section 203(b) 

12 (relating to employment-based immigrants) during 

13 the previous fiscal year and the number of visas 

14 issued under that section during that year. 

15 ‘‘(4) UNUSED VISAS.—The number computed 

16 under this paragraph is the difference, if any, be17 tween— 

18 ‘‘(A) the sum of the worldwide levels estab19 lished under paragraph (1) for fiscal years 

20 1992 through and including 2013; and 

21 ‘‘(B) the number of visas actually issued 

22 under section 203(a) during such fiscal years.’’. 

23 (c) EFFECTIVE DATE.—The amendments made by 

24 this section shall take effect on the first day of the first 


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1 fiscal year beginning after the date of the enactment of 

2 this Act. 

3 SEC. 2305. RECLASSIFICATION OF SPOUSES AND MINOR 

4 CHILDREN OF LAWFUL PERMANENT RESI5 DENTS AS IMMEDIATE RELATIVES. 

6 (a) IMMEDIATE RELATIVES.—Section 201(b)(2) (8 

7 U.S.C. 1151(b)(2)) is amended to read as follows: 

8 ‘‘(2)(A) Aliens who are immediate relatives. 

9 ‘‘(B) In this paragraph, the term ‘immediate 

10 relative’ means— 

11 ‘‘(i) a child, spouse, or parent of a citizen 

12 of the United States, except that in the case of 

13 such a parent such citizen shall be at least 21 

14 years of age; 

15 ‘‘(ii) a child or spouse of an alien lawfully 

16 admitted for permanent residence; 

17 ‘‘(iii) a child or spouse of an alien de18 scribed in clause (i), who is accompanying or 

19 following to join the alien; 

20 ‘‘(iv) a child or spouse of an alien de21 scribed in clause (ii), who is accompanying or 

22 following to join the alien; 

23 ‘‘(v) an alien admitted under section 

24 211(a) on the basis of a prior issuance of a visa 


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1 to the alien’s accompanying parent who is an 

2 immediate relative; and 

3 ‘‘(vi) an alien born to an alien lawfully ad4 mitted for permanent residence during a tem5 porary visit abroad. 

6 ‘‘(C) If an alien who was the spouse or child of 

7 a citizen of the United States or of an alien lawfully 

8 admitted for permanent residence and was not le9 gally separated from the citizen or lawful permanent 

10 resident at the time of the citizen’s or lawful perma11 nent resident’s death files a petition under section 

12 204(a)(1)(B), the alien spouse (and each child of the 

13 alien) shall remain, for purposes of this paragraph, 

14 an immediate relative during the period beginning 

15 on the date of the citizen’s or permanent resident’s 

16 death and ending on the date on which the alien 

17 spouse remarries. 

18 ‘‘(D) An alien who has filed a petition under 

19 clause (iii) or (iv) of section 204(a)(1)(A) shall re20 main, for purposes of this paragraph, an immediate 

21 relative if the United States citizen or lawful perma22 nent resident spouse or parent loses United States 

23 citizenship on account of the abuse.’’. 

24 (b) ALLOCATION OF IMMIGRANT VISAS.—Section 

25 203(a) (8 U.S.C. 1153(a)) is amended— 


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1 (1) in paragraph (1), by striking ‘‘23,400,’’ and 

2 inserting ‘‘20 percent of the worldwide level of fam3 ily-sponsored immigrants under section 201(c)’’; 

4 (2) by striking paragraph (2) and inserting the 

5 following: 

6 ‘‘(2) UNMARRIED SONS AND UNMARRIED

7 DAUGHTERS OF PERMANENT RESIDENT ALIENS.— 

8 Qualified immigrants who are the unmarried sons or 

9 unmarried daughters (but are not the children) of 

10 an alien lawfully admitted for permanent residence 

11 shall be allocated visas in a number not to exceed 20 

12 percent of the worldwide level of family-sponsored 

13 immigrants under section 201(c), plus any visas not 

14 required for the class specified in paragraph (1).’’; 

15 (3) in paragraph (3)— 

16 (A) by striking ‘‘23,400,’’ and inserting 

17 ‘‘20 percent of the worldwide level of family18 sponsored immigrants under section 201(c)’’; 

19 and 

20 (B) by striking ‘‘classes specified in para21 graphs (1) and (2).’’ and inserting ‘‘class speci22 fied in paragraph (2).’’; and 

23 (4) in paragraph (4)— 

24 (A) by striking ‘‘65,000,’’ and inserting 

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1 sponsored immigrants under section 201(c)’’; 

2 and 

3 (B) by striking ‘‘classes specified in para4 graphs (1) through (3).’’ and inserting ‘‘class 

5 specified in paragraph (3).’’. 

6 (c) TERMINATION OF REGISTRATION.—Section 

7 203(g) (8 U.S.C. 1153(g)) is amended to read as follows: 

8 ‘‘(g) LISTS.— 

9 ‘‘(1) IN GENERAL.—For purposes of carrying 

10 out the orderly administration of this title, the Sec11 retary of State may make reasonable estimates of 

12 the anticipated numbers of immigrant visas to be 

13 issued during any quarter of any fiscal year within 

14 each of the categories under subsections (a), (b), 

15 and (c) and may rely upon such estimates in author16 izing the issuance of visas. 

17 ‘‘(2) TERMINATION OF REGISTRATION.— 

18 ‘‘(A) INFORMATION DISSEMINATION.—Not 

19 later than 180 days after the date of the enact20 ment of the Border Security, Economic Oppor21 tunity, and Immigration Modernization Act, the 

22 Secretary of Homeland Security and the Sec23 retary of State shall adopt a plan to broadly 

24 disseminate information to the public regarding 

25 termination of registration procedures described 


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1 in subparagraphs (B) and (C), including proce2 dures for notifying the Department of Home3 land Security and the Department of State of 

4 any change of address on the part of a peti5 tioner or a beneficiary of an immigrant visa pe6 tition. 

7 ‘‘(B) TERMINATION FOR FAILURE TO AD8 JUST.—The Secretary of Homeland Security 

9 shall terminate the registration of any alien who 

10 has evidenced an intention to acquire lawful 

11 permanent residence under section 245 and who 

12 fails to apply to adjust status within 1 year fol13 lowing notification to the alien of the avail14 ability of an immigrant visa. 

15 ‘‘(C) TERMINATION FOR FAILURE TO

16 APPLY.—The Secretary of State shall terminate 

17 the registration of any alien not described in 

18 subparagraph (B) who fails to apply for an im19 migrant visa within 1 year following notification 

20 to the alien of the availability of such visa. 

21 ‘‘(3) REINSTATEMENT.—The registration of 

22 any alien that was terminated under paragraph (2) 

23 shall be reinstated if, within 2 years following the 

24 date of notification of the availability of such visa, 


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1 the alien demonstrates that such failure to apply 

2 was due to good cause.’’. 

3 (d) TECHNICAL AND CONFORMING AMENDMENTS.— 

4 (1) DEFINITIONS.—Section 101(a)(15)(K)(ii) 

5 (8 U.S.C. 1101(a)(15)(K)(ii)) is amended by strik6 ing ‘‘section 201(b)(2)(A)(i)’’ and inserting ‘‘section 

7 201(b)(2) (other than clause (v) or (vi) of subpara8 graph (B))’’. 

9 (2) PER COUNTRY LEVEL.—Section 

10 202(a)(1)(A) (8 U.S.C. 1152(a)(1)(A)) is amended 

11 by striking ‘‘section 201(b)(2)(A)(i)’’ and inserting 

12 ‘‘section 201(b)(2) (other than clause (v) or (vi) of 

13 subparagraph (B))’’. 

14 (3) RULES FOR DETERMINING WHETHER CER15 TAIN ALIENS ARE IMMEDIATE RELATIVES.—Section 

16 201(f) (8 U.S.C. 1151(f)) is amended— 

17 (A) in paragraph (1), by striking ‘‘para18 graphs (2) and (3),’’ and inserting ‘‘paragraph 

19 (2),’’; 

20 (B) by striking paragraph (2); 

21 (C) by redesignating paragraphs (3) and 

22 (4) as paragraphs (2) and (3), respectively; and 

23 (D) in paragraph (3), as redesignated by 

24 subparagraph (C), by striking ‘‘through (3)’’ 

25 and inserting ‘‘and (2)’’. 


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1 (4) NUMERICAL LIMITATION TO ANY SINGLE

2 FOREIGN STATE.—Section 202(a)(4) (8 U.S.C. 

3 1152(a)(4)) is amended— 

4 (A) by striking subparagraphs (A) and 

5 (B); 

6 (B) by redesignating subparagraphs (C) 

7 and (D) as subparagraphs (A) and (B), respec8 tively; and 

9 (C) in subparagraph (A), as redesignated 

10 by clause (ii), by striking ‘‘section 

11 203(a)(2)(B)’’ and inserting ‘‘section 

12 203(a)(2)’’. 

13 (5) ALLOCATION OF IMMIGRANT VISAS.—Sec14 tion 203(h) (8 U.S.C. 1153(h)) is amended— 

15 (A) in paragraph (1)— 

16 (i) in the matter preceding subpara17 graph (A), by striking ‘‘subsections 

18 (a)(2)(A) and (d)’’ and inserting ‘‘sub19 section (d)’’; 

20 (ii) in subparagraph (A), by striking 

21 ‘‘becomes available for such alien (or, in 

22 the case of subsection (d), the date on 

23 which an immigrant visa number became 

24 available for the alien’s parent),’’ and inVerDate Mar 15 2010 00:25 Oct 04, 2013 Jkt 039200 PO 00000 Frm 00371 Fmt 6652 Sfmt 6201 E:\BILLS\H15.IH H15

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1 serting ‘‘became available for the alien’s 

2 parent,’’; and 

3 (iii) in subparagraph (B), by striking 

4 ‘‘applicable’’; 

5 (B) by amending paragraph (2) to read as 

6 follows: 

7 ‘‘(2) PETITIONS DESCRIBED.—The petition de8 scribed in this paragraph is a petition filed under 

9 section 204 for classification of the alien’s parent 

10 under subsection (a), (b), or (c).’’; and 

11 (C) by amending paragraph (3) to read as 

12 follows: 

13 ‘‘(3) RETENTION OF PRIORITY DATE.— 

14 ‘‘(A) PETITIONS FILED FOR CHILDREN.— 

15 For a petition originally filed to classify a child 

16 under subsection (d), if the age of the alien is 

17 determined under paragraph (1) to be 21 years 

18 of age or older on the date that a visa number 

19 becomes available to the alien’s parent who was 

20 the principal beneficiary of the petition, then, 

21 upon the parent’s admission to lawful perma22 nent residence in the United States, the petition 

23 shall automatically be converted to a petition 

24 filed by the parent for classification of the alien 

25 under subsection (a)(2) and the petition shall 


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1 retain the priority date established by the origi2 nal petition. 

3 ‘‘(B) FAMILY AND EMPLOYMENT-BASED

4 PETITIONS.—The priority date for any family5 or employment-based petition shall be the date 

6 of filing of the petition with the Secretary of 

7 Homeland Security (or the Secretary of State, 

8 if applicable), unless the filing of the petition 

9 was preceded by the filing of a labor certifi10 cation with the Secretary of Labor, in which 

11 case that date shall constitute the priority date. 

12 The beneficiary of any petition shall retain his 

13 or her earliest priority date based on any peti14 tion filed on his or her behalf that was approv15 able when filed, regardless of the category of 

16 subsequent petitions.’’. 

17 (6) PROCEDURE FOR GRANTING IMMIGRANT

18 STATUS.— 

19 (A) PETITIONING PROCEDURE.—Section 

20 204 (8 U.S.C. 1154) is amended— 

21 (i) by striking subsection (a) and in22 serting the following: 

23 ‘‘(a) PETITIONING PROCEDURE.— 

24 ‘‘(1) IN GENERAL.—(A) Except as provided in 

25 subparagraph (H), any citizen of the United States 


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1 or alien lawfully admitted for permanent residence 

2 claiming that an alien is entitled to classification by 

3 reason of a relationship described in subparagraph 

4 (A) or (B) of section 203(a)(1) or to an immediate 

5 relative status under section 201(b)(2)(A) may file a 

6 petition with the Secretary of Homeland Security for 

7 such classification. 

8 ‘‘(B) An alien spouse or alien child described in 

9 section 201(b)(2)(C) may file a petition with the 

10 Secretary under this paragraph for classification of 

11 the alien (and the alien’s children) under such sec12 tion. 

13 ‘‘(C)(i) An alien who is described in clause (ii) 

14 may file a petition with the Secretary under this 

15 subparagraph for classification of the alien (and any 

16 child of the alien) if the alien demonstrates to the 

17 Secretary that— 

18 ‘‘(I) the marriage or the intent to marry 

19 the citizen of the United States or lawful per20 manent resident was entered into in good faith 

21 by the alien; and 

22 ‘‘(II) during the marriage or relationship 

23 intended by the alien to be legally a marriage, 

24 the alien or a child of the alien has been bat25 tered or has been the subject of extreme cruelty 


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1 perpetrated by the alien’s spouse or intended 

2 spouse. 

3 ‘‘(ii) For purposes of clause (i), an alien de4 scribed in this clause is an alien— 

5 ‘‘(I)(aa) who is the spouse of a citizen of 

6 the United States or lawful permanent resident; 

7 ‘‘(bb) who believed that he or she had mar8 ried a citizen of the United States or lawful 

9 permanent resident and with whom a marriage 

10 ceremony was actually performed and who oth11 erwise meets any applicable requirements under 

12 this Act to establish the existence of and bona 

13 fides of a marriage, but whose marriage is not 

14 legitimate solely because of the bigamy of such 

15 citizen of the United States or lawful perma16 nent resident; or 

17 ‘‘(cc) who was a bona fide spouse of a cit18 izen of the United States or a lawful permanent 

19 resident within the past 2 years and— 

20 ‘‘(AA) whose spouse died within the 

21 past 2 years; 

22 ‘‘(BB) whose spouse renounced citi23 zenship status or renounced or lost status 

24 as a lawful permanent resident within the 


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1 past 2 years related to an incident of do2 mestic violence; or 

3 ‘‘(CC) who demonstrates a connection 

4 between the legal termination of the mar5 riage within the past 2 years and battering 

6 or extreme cruelty by a spouse who is a 

7 citizen of the United States or a lawful 

8 permanent resident spouse; 

9 ‘‘(II) who is a person of good moral char10 acter; 

11 ‘‘(III) who is eligible to be classified as an 

12 immediate relative under section 201(b)(2)(A) 

13 or who would have been so classified but for the 

14 bigamy of the citizen of the United States that 

15 the alien intended to marry; and 

16 ‘‘(IV) who has resided with the alien’s 

17 spouse or intended spouse. 

18 ‘‘(D) An alien who is the child of a citizen or 

19 lawful permanent resident of the United States, or 

20 who was a child of a United States citizen or lawful 

21 permanent resident parent who within the past 2 

22 years lost or renounced citizenship status related to 

23 an incident of domestic violence, and who is a person 

24 of good moral character, who is eligible to be classi25 fied as an immediate relative under section 


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1 201(b)(2)(A), and who resides, or has resided in the 

2 past, with the citizen or lawful permanent resident 

3 parent may file a petition with the Secretary of 

4 Homeland Security under this paragraph for classi5 fication of the alien (and any child of the alien) 

6 under such section if the alien demonstrates to the 

7 Secretary that the alien has been battered by or has 

8 been the subject of extreme cruelty perpetrated by 

9 the alien’s citizen or lawful permanent resident par10 ent. For purposes of this subparagraph, residence 

11 includes any period of visitation. 

12 ‘‘(E) An alien who— 

13 ‘‘(i) is the spouse, intended spouse, or child 

14 living abroad of a citizen or lawful permanent 

15 resident who— 

16 ‘‘(I) is an employee of the United 

17 States Government; 

18 ‘‘(II) is a member of the uniformed 

19 services (as defined in section 101(a) of 

20 title 10, United States Code); or 

21 ‘‘(III) has subjected the alien or the 

22 alien’s child to battery or extreme cruelty 

23 in the United States; and 

24 ‘‘(ii) is eligible to file a petition under sub25 paragraph (C) or (D), 


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1 shall file such petition with the Secretary of Home2 land Security under the procedures that apply to 

3 self-petitioners under subparagraph (C) or (D), as 

4 applicable. 

5 ‘‘(F) For the purposes of any petition filed 

6 under subparagraph (C) or (D), the 

7 denaturalization, loss or renunciation of citizenship 

8 or lawful permanent resident status, death of the 

9 abuser, divorce, or changes to the abuser’s citizen10 ship or lawful permanent resident status after filing 

11 of the petition shall not adversely affect the approval 

12 of the petition, and for approved petitions shall not 

13 preclude the classification of the eligible self-peti14 tioning spouse or child as an immediate relative or 

15 affect the alien’s ability to adjust status under sub16 sections (a) and (c) of section 245 or obtain status 

17 as a lawful permanent resident based on the ap18 proved self-petition under such clauses. 

19 ‘‘(G) An alien may file a petition with the Sec20 retary of Homeland Security under this paragraph 

21 for classification of the alien under section 

22 201(b)(2)(A) if the alien— 

23 ‘‘(i) is the parent of a citizen of the United 

24 States or was a parent of a citizen of the 

25 United States who, within the past 2 years, lost 


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1 or renounced citizenship status related to an in2 cident of domestic violence or died; 

3 ‘‘(ii) is a person of good moral character; 

4 ‘‘(iii) is eligible to be classified as an im5 mediate relative under section 201(b)(2)(A); 

6 ‘‘(iv) resides, or has resided, with the cit7 izen daughter or son; and 

8 ‘‘(v) demonstrates that the alien has been 

9 battered or subject to extreme cruelty by the 

10 citizen daughter or son. 

11 ‘‘(H)(i) Subparagraph (A) shall not apply to a 

12 citizen of the United States who has been convicted 

13 of a specified offense against a minor, unless the 

14 Secretary of Homeland Security, in the Secretary’s 

15 sole and unreviewable discretion, determines that the 

16 citizen poses no risk to the alien with respect to 

17 whom a petition described in subparagraph (A) is 

18 filed. 

19 ‘‘(ii) For purposes of clause (i), the term ‘speci20 fied offense against a minor’ has the meaning given 

21 such term in section 111 of the Adam Walsh Child 

22 Protection and Safety Act of 2006 (42 U.S.C. 

23 16911). 

24 ‘‘(2) DETERMINATION OF GOOD MORAL CHAR25 ACTER.—Notwithstanding section 101(f), an act or 


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1 conviction that is waivable with respect to the peti2 tioner for purposes of a determination of the peti3 tioner’s admissibility under section 212(a) or deport4 ability under section 237(a) shall not bar the Sec5 retary of Homeland Security from finding the peti6 tioner to be of good moral character under subpara7 graph (C) or (D) of paragraph (1), if the Secretary 

8 finds that the act or conviction was connected to the 

9 alien’s having been battered or subjected to extreme 

10 cruelty. 

11 ‘‘(3) PREFERENCE STATUS.—(A)(i) Any child 

12 who attains 21 years of age who has filed a petition 

13 under paragraph (1)(D) that was filed or approved 

14 before the date on which the child attained 21 years 

15 of age shall be considered (if the child has not been 

16 admitted or approved for lawful permanent residence 

17 by the date the child attained 21 years of age) a pe18 titioner for preference status under paragraph (1), 

19 (2), or (3) of section 203(a), whichever paragraph is 

20 applicable, with the same priority date assigned to 

21 the self-petition filed under paragraph (1)(D). No 

22 new petition shall be required to be filed. 

23 ‘‘(ii) Any individual described in clause (i) is el24 igible for deferred action and work authorization. 


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1 ‘‘(iii) Any derivative child who attains 21 years 

2 of age who is included in a petition described in sub3 paragraph (B) that was filed or approved before the 

4 date on which the child attained 21 years of age 

5 shall be considered (if the child has not been admit6 ted or approved for lawful permanent residence by 

7 the date the child attained 21 years of age) a VAWA 

8 self-petitioner with the same priority date as that as9 signed to the petitioner in any petition described in 

10 subparagraph (B). No new petition shall be required 

11 to be filed. 

12 ‘‘(iv) Any individual described in clause (iii) and 

13 any derivative child of a petitioner described in sub14 paragraph (B) is eligible for deferred action and 

15 work authorization. 

16 ‘‘(B) The petition referred to in subparagraph 

17 (A)(iii) is a petition filed by an alien under subpara18 graph (C) or (D) of paragraph (1) in which the child 

19 is included as a derivative beneficiary. 

20 ‘‘(C) Nothing in the amendments made by the 

21 Child Status Protection Act (Public Law 107–208; 

22 116 Stat. 927) shall be construed to limit or deny 

23 any right or benefit provided under this paragraph. 

24 ‘‘(D) Any alien who benefits from this para25 graph may adjust status in accordance with subVerDate Mar 15 2010 00:25 Oct 04, 2013 Jkt 039200 PO 00000 Frm 00381 Fmt 6652 Sfmt 6201 E:\BILLS\H15.IH H15

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1 sections (a) and (c) of section 245 as an alien hav2 ing an approved petition for classification under sub3 paragraph (C) or (D) of paragraph (1). 

4 ‘‘(E) For purposes of this paragraph, an indi5 vidual who is not less than 21 years of age, who 

6 qualified to file a petition under paragraph (1)(D) 

7 as of the minute before the date on which the indi8 vidual attained 21 years of age, and who did not file 

9 such a petition before such day, shall be treated as 

10 having filed a petition under such paragraph as of 

11 such day if a petition is filed for the status described 

12 in such paragraph before the individual attains 25 

13 years of age and the individual shows that the abuse 

14 was at least 1 central reason for the filing delay. 

15 Subparagraphs (A) through (D) shall apply to an in16 dividual described in this subparagraph in the same 

17 manner as an individual filing a petition under para18 graph (1)(D). 

19 ‘‘(4) CLASSIFICATION AS ALIEN WITH EX20 TRAORDINARY ABILITY.—Any alien desiring to be 

21 classified under subparagraph (I), (J), (K), (L), or 

22 (M) of section 201(b)(1) or section 203(b)(1)(A), or 

23 any person on behalf of such an alien, may file a pe24 tition with the Secretary of Homeland Security for 

25 such classification. 


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1 ‘‘(5) CLASSIFICATION AS EMPLOYMENT-BASED

2 IMMIGRANT.—Any employer desiring and intending 

3 to employ within the United States an alien entitled 

4 to classification under paragraph (1)(B), (1)(C), (2), 

5 or (3) of section 203(b) may file a petition with the 

6 Secretary of Homeland Security for such classifica7 tion. 

8 ‘‘(6) CLASSIFICATION AS SPECIAL IMMI9 GRANT.—(A) Any alien (other than a special immi10 grant under section 101(a)(27)(D)) desiring to be 

11 classified under section 203(b)(4), or any person on 

12 behalf of such an alien, may file a petition with the 

13 Secretary of Homeland Security for such classifica14 tion. 

15 ‘‘(B) Aliens claiming status as a special immi16 grant under section 101(a)(27)(D) may file a peti17 tion only with the Secretary of State and only after 

18 notification by the Secretary that such status has 

19 been recommended and approved pursuant to such 

20 section. 

21 ‘‘(7) CLASSIFICATION AS IMMIGRANT INVES22 TOR.—Any alien desiring to be classified under para23 graph (5) or (6) of section 203(b) may file a petition 

24 with the Secretary of Homeland Security for such 

25 classification. 


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1 ‘‘(8) DIVERSITY VISA.—(A) Any alien desiring 

2 to be provided an immigrant visa under section 

3 203(c) may file a petition at the place and time de4 termined by the Secretary of State by regulation. 

5 Only 1 such petition may be filed by an alien with 

6 respect to any petitioning period established. If more 

7 than 1 petition is submitted all such petitions sub8 mitted for such period by the alien shall be voided. 

9 ‘‘(B)(i) The Secretary of State shall designate 

10 a period for the filing of petitions with respect to 

11 visas which may be issued under section 203(c) for 

12 the fiscal year beginning after the end of the period. 

13 ‘‘(ii) Aliens who qualify, through random selec14 tion, for a visa under section 203(c) shall remain eli15 gible to receive such visa only through the end of the 

16 specific fiscal year for which they were selected. 

17 ‘‘(iii) The Secretary of State shall prescribe 

18 such regulations as may be necessary to carry out 

19 this subparagraph. 

20 ‘‘(C) A petition under this paragraph shall be 

21 in such form as the Secretary of State may by regu22 lation prescribe and shall contain such information 

23 and be supported by such documentary evidence as 

24 the Secretary of State may require. 


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1 ‘‘(D) Each petition to compete for consideration 

2 for a visa under section 203(c) shall be accompanied 

3 by a fee equal to $30. All amounts collected under 

4 this subparagraph shall be deposited into the Treas5 ury as miscellaneous receipts. 

6 ‘‘(9) CONSIDERATION OF CREDIBLE EVI7 DENCE.—In acting on petitions filed under subpara8 graph (C) or (D) of paragraph (1), or in making de9 terminations under paragraphs (2) and (3), the Sec10 retary of Homeland Security shall consider any cred11 ible evidence relevant to the petition. The determina12 tion of what evidence is credible and the weight to 

13 be given that evidence shall be within the sole discre14 tion of the Secretary. 

15 ‘‘(10) WORK AUTHORIZATION.—(A) Upon the 

16 approval of a petition as a VAWA self-petitioner, the 

17 alien— 

18 ‘‘(i) is eligible for work authorization; and 

19 ‘‘(ii) may be provided an ‘employment au20 thorized’ endorsement or appropriate work per21 mit incidental to such approval. 

22 ‘‘(B) Notwithstanding any provision of this Act 

23 restricting eligibility for employment in the United 

24 States, the Secretary of Homeland Security shall 

25 grant employment authorization to an alien who has 


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1 filed an application for status as a VAWA self-peti2 tioner on the date that is the earlier of— 

3 ‘‘(i) the date on which the alien’s applica4 tion for such status is approved; or 

5 ‘‘(ii) a date determined by the Secretary 

6 that is not later than 180 days after the date 

7 on which the alien filed the application. 

8 ‘‘(11) LIMITATION.—Notwithstanding para9 graphs (1) through (10), an individual who was a 

10 VAWA petitioner or who had the status of a non11 immigrant under subparagraph (T) or (U) of section 

12 101(a)(15) may not file a petition for classification 

13 under this section or section 214 to classify any per14 son who committed the battery or extreme cruelty or 

15 trafficking against the individual (or the individual’s 

16 child), which established the individual’s (or individ17 ual’s child’s) eligibility as a VAWA petitioner or for 

18 such nonimmigrant status.’’; 

19 (ii) in subsection (c)(1), by striking 

20 ‘‘or preference status’’; and 

21 (iii) in subsection (h), by striking ‘‘or 

22 a petition filed under subsection 

23 (a)(1)(B)(ii)’’. 

24 (B) CONFORMING AMENDMENTS.—The 

25 Act (8 U.S.C. 1101 et seq.) is amended— 


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1 (i) in section 101(a)— 

2 (I) in paragraph (15)(K), by 

3 striking ‘‘204(a)(1)(A)(viii)(I)’’ each 

4 place such term appears and inserting 

5 ‘‘204(a)(1)(H)(i)’’; 

6 (II) in paragraph (50), by strik7 ing ‘‘204(a)(1)(A)(iii)(II)(aa)(BB), 

8 204(a)(1)(B)(ii)(II)(aa)(BB),’’ and in9 serting ‘‘204(a)(1)(C)(ii)(I)(bb) or’’; 

10 and 

11 (III) in paragraph (51)— 

12 (aa) in subparagraph (A), 

13 by striking ‘‘204(a)(1)(A)’’ and 

14 inserting ‘‘204(a)(1)’’; 

15 (bb) by striking subpara16 graph (B); and 

17 (cc) by redesignating sub18 paragraphs (C), (D), (E), (F), 

19 and (G) as subparagraphs (B), 

20 (C), (D), (E), and (F), respec21 tively; 

22 (ii) in section 212(a)(4)(C)(i)— 

23 (I) in subclause (I), by striking 

24 ‘‘clause (ii), (iii), or (iv) of section 

25 204(a)(1)(A), or’’ and inserting ‘‘subVerDate Mar 15 2010 00:25 Oct 04, 2013 Jkt 039200 PO 00000 Frm 00387 Fmt 6652 Sfmt 6201 E:\BILLS\H15.IH H15

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1 paragraph (B), (C), or (D) of section 

2 204(a)(1);’’; 

3 (II) by striking subclause (II); 

4 and 

5 (III) by redesignating subclause 

6 (III) as subclause (II); 

7 (iii) in section 216(c)(4)(D), by strik8 ing ‘‘204(a)(1)(A)(iii)(II)(aa)(BB)’’ and 

9 inserting ‘‘204(a)(1)(C)(ii)(I)(bb)’’; and 

10 (iv) in section 240(c)(7)(C)(iv)(I), by 

11 striking ‘‘clause (iii) or (iv) of section 

12 204(a)(1)(A), clause (ii) or (iii) of section 

13 204(a)(1)(B),’’ and inserting ‘‘subpara14 graph (C) or (D) of section 204(a)(1),’’. 

15 (7) EXCLUDABLE ALIENS.—Section 

16 212(d)(12)(B) (8 U.S.C. 1182(d)(12)(B)) is amend17 ed by striking ‘‘section 201(b)(2)(A)’’ and inserting 

18 ‘‘section 201(b)(2) (other than subparagraph 

19 (B)(vi))’’. 

20 (8) ADMISSION OF NONIMMIGRANTS.—Section 

21 214(r)(3)(A) (8 U.S.C. 1184(r)(3)(A)) is amended 

22 by striking ‘‘section 201(b)(2)(A)(i).’’ and inserting 

23 ‘‘section 201(b)(2) (other than clause (v) or (vi) of 

24 subparagraph (B)).’’. 


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1 (9) REFUGEE CRISIS IN IRAQ ACT OF 2007.— 

2 Section 1243(a)(4) of the Refugee Crisis in Iraq Act 

3 of 2007 (8 U.S.C. 1157 note) is amended by strik4 ing ‘‘section 201(b)(2)(A)(i)’’ and inserting ‘‘section 

5 201(b)(2) (other than clause (v) or (vi) of subpara6 graph (B))’’. 

7 (10) PROCESSING OF VISA APPLICATIONS.— 

8 Section 233 of the Department of State Authoriza9 tion Act, Fiscal Year 2003 (8 U.S.C. 1201 note) is 

10 amended by striking ‘‘section 201(b)(2)(A)(i)’’ and 

11 inserting ‘‘section 201(b)(2) (other than clause (v) 

12 or (vi) of subparagraph (B))’’. 

13 (11) ADJUSTMENT OF STATUS.—Section 245(a) 

14 (8 U.S.C. 1255(a)) is amended to read as follows: 

15 ‘‘(a)(1) The status of an alien who was inspected and 

16 admitted or paroled into the United States or the status 

17 of any other alien having an approved petition for classi18 fication as a VAWA self-petitioner may be adjusted by the 

19 Attorney General or the Secretary of Homeland Security, 

20 in the Attorney General’s or the Secretary’s discretion and 

21 under such regulations as the Attorney General or Sec22 retary may prescribe, to that of an alien lawfully admitted 

23 for permanent residence (regardless of whether the alien 

24 has already been admitted for permanent residence) if— 


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1 ‘‘(A) the alien makes an application for such 

2 adjustment; 

3 ‘‘(B) the alien is eligible to receive an immi4 grant visa and is admissible to the United States for 

5 permanent residence; and 

6 ‘‘(C) subject to paragraph (2), an immigrant 

7 visa is immediately available to the alien at the time 

8 the alien’s application is filed. 

9 ‘‘(2)(A) An application that is based on a petition ap10 proved or approvable under subparagraph (A) or (B) of 

11 section 204(a)(1) may be filed without regard to the limi12 tation set forth in paragraph (1)(C). 

13 ‘‘(B) An application for adjustment filed for an alien 

14 under this paragraph may not be approved until such time 

15 as an immigrant visa becomes available for the alien.’’. 

16 (e) EFFECTIVE DATE.—The amendments made by 

17 this section shall take effect on the date of the enactment 

18 of this Act. 

19 SEC. 2306. NUMERICAL LIMITATIONS ON INDIVIDUAL FOR20 EIGN STATES. 

21 (a) NUMERICAL LIMITATION TO ANY SINGLE FOR22 EIGN STATE.—Section 202(a)(2) (8 U.S.C. 1152(a)(2)) is 

23 amended— 

24 (1) in the paragraph heading, by striking ‘‘AND

25 EMPLOYMENT-BASED’’; 


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1 (2) by striking ‘‘(3), (4), and (5),’’ and insert2 ing ‘‘(3) and (4),’’; 

3 (3) by striking ‘‘subsections (a) and (b) of sec4 tion 203’’ and inserting ‘‘section 203(a)’’; 

5 (4) by striking ‘‘7’’ and inserting ‘‘15’’; and 

6 (5) by striking ‘‘such subsections’’ and inserting 

7 ‘‘such section’’. 

8 (b) CONFORMING AMENDMENTS.—Section 202 (8 

9 U.S.C. 1152) is amended— 

10 (1) in subsection (a)— 

11 (A) in paragraph (3), by striking ‘‘both 

12 subsections (a) and (b) of section 203’’ and in13 serting ‘‘section 203(a)’’; and 

14 (B) by striking paragraph (5); and 

15 (2) by amending subsection (e) to read as fol16 lows: 

17 ‘‘(e) SPECIAL RULES FOR COUNTRIES AT CEILING.— 

18 If it is determined that the total number of immigrant 

19 visas made available under section 203(a) to natives of 

20 any single foreign state or dependent area will exceed the 

21 numerical limitation specified in subsection (a)(2) in any 

22 fiscal year, in determining the allotment of immigrant visa 

23 numbers to natives under section 203(a), visa numbers 

24 with respect to natives of that state or area shall be allo25 cated (to the extent practicable and otherwise consistent 


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1 with this section and section 203) in a manner so that, 

2 except as provided in subsection (a)(4), the proportion of 

3 the visa numbers made available under each of paragraphs 

4 (1) through (4) of section 203(a) is equal to the ratio of 

5 the total number of visas made available under the respec6 tive paragraph to the total number of visas made available 

7 under section 203(a).’’. 

8 (c) COUNTRY-SPECIFIC OFFSET.—Section 2 of the 

9 Chinese Student Protection Act of 1992 (8 U.S.C. 1255 

10 note) is amended— 

11 (1) in subsection (a), by striking ‘‘subsection 

12 (e))’’ and inserting ‘‘subsection (d))’’; and 

13 (2) by striking subsection (d) and redesignating 

14 subsection (e) as subsection (d). 

15 (d) EFFECTIVE DATE.—The amendments made by 

16 this section shall take effect 1 year after the date of the 

17 enactment of this Act. 

18 SEC. 2307. ALLOCATION OF IMMIGRANT VISAS. 

19 (a) PREFERENCE ALLOCATION FOR FAMILY-SPON20 SORED IMMIGRANTS.— 

21 (1) IN GENERAL.—Section 203(a) (8 U.S.C. 

22 1153(a)), as amended by section 2305(b), is further 

23 amended to read as follows: 

24 ‘‘(a) PREFERENCE ALLOCATION FOR FAMILY-SPON25 SORED IMMIGRANTS.—Aliens subject to the worldwide 


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1 level specified in section 201(c) for family-sponsored immi2 grants shall be allotted visas as follows: 

3 ‘‘(1) SONS AND DAUGHTERS OF CITIZENS.— 

4 Qualified immigrants who are— 

5 ‘‘(A) the unmarried sons or unmarried 

6 daughters but not the children of citizens of the 

7 United States shall be allocated visas in a num8 ber not to exceed 35 percent of the worldwide 

9 level authorized in section 201(c), plus the sum 

10 of— 

11 ‘‘(i) the number of visas not required 

12 for the class specified in paragraph (2) for 

13 the current fiscal year; and 

14 ‘‘(ii) the number of visas not required 

15 for the class specified in subparagraph (B); 

16 or 

17 ‘‘(B) the married sons or married daugh18 ters of citizens of the United States who are 31 

19 years of age or younger at the time of filing a 

20 petition under section 204 shall be allocated 

21 visas in a number not to exceed 25 percent of 

22 the worldwide level authorized in section 201(c), 

23 plus the number of any visas not required for 

24 the class specified in subparagraph (A) current 

25 fiscal year. 


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1 ‘‘(2) SONS AND DAUGHTERS OF PERMANENT

2 RESIDENTS.—Qualified immigrants who are the un3 married sons or unmarried daughters of aliens ad4 mitted for permanent residence shall be allocated 

5 visas in a number not to exceed 40 percent of the 

6 worldwide level authorized in section 201(c), plus 

7 any visas not required for the class specified in para8 graph (1)(A).’’. 

9 (2) CONFORMING AMENDMENTS.— 

10 (A) PROCEDURE FOR GRANTING IMMI11 GRANT STATUS.—Section 204(f)(1) (8 U.S.C. 

12 1154(f)(1)) is amended by striking ‘‘section 

13 201(b), 203(a)(1), or 203(a)(3),’’ and inserting 

14 ‘‘section 201(b) or subparagraph (A) or (B) of 

15 section 203(a)(1)’’. 

16 (B) AUTOMATIC CONVERSION.—For the 

17 purposes of any petition pending or approved 

18 based on a relationship described— 

19 (i) in subparagraph (A) of section 

20 203(a)(1) of the Immigration and Nation21 ality Act (8 U.S.C. 1153(a)(1)), as amend22 ed by paragraph (1), and notwithstanding 

23 the age of the alien, such a petition shall 

24 be deemed reclassified as a petition based 

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1 graph (B) of such section 203(a)(1) upon 

2 the marriage of such alien; or 

3 (ii) in subparagraph (B) of such sec4 tion 203(a)(1), such a petition shall be 

5 deemed reclassified as a petition based on 

6 a relationship described in subparagraph 

7 (A) of such section 203(a)(1) upon the 

8 legal termination of marriage or death of 

9 such alien’s spouse. 

10 (3) EFFECTIVE DATE.—The amendments made 

11 by this subsection shall take effect on the first day 

12 of the first fiscal year that begins at least 18 months 

13 following the date of the enactment of this Act. 

14 (b) PREFERENCE ALLOCATION FOR EMPLOYMENT15 BASED IMMIGRANTS.— 

16 (1) IN GENERAL.—Section 201(b)(1) (8 U.S.C. 

17 1151(b)(1)), as amended by sections 2103(c) and 

18 2212(d), is further amended by adding at the end 

19 the following: 

20 ‘‘(H) Derivative beneficiaries as described 

21 in section 203(d) of employment-based immi22 grants under section 203(b). 

23 ‘‘(I) Aliens with extraordinary ability in 

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1 tained national or international acclaim, if, with 

2 respect to any such alien— 

3 ‘‘(i) the achievements of such alien 

4 have been recognized in the field through 

5 extensive documentation; 

6 ‘‘(ii) such alien seeks to enter the 

7 United States to continue work in the area 

8 of extraordinary ability; and 

9 ‘‘(iii) the entry of such alien into the 

10 United States will substantially benefit 

11 prospectively the United States. 

12 ‘‘(J) Aliens who are outstanding professors 

13 and researchers if, with respect to any such 

14 alien— 

15 ‘‘(i) the alien is recognized inter16 nationally as outstanding in a specific aca17 demic area; 

18 ‘‘(ii) the alien has at least 3 years of 

19 experience in teaching or research in the 

20 academic area; and 

21 ‘‘(iii) the alien seeks to enter the 

22 United States— 

23 ‘‘(I) to be employed in a tenured 

24 position (or tenure-track position) 

25 within a not for profit university or 


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1 institution of higher education to 

2 teach in the academic area; 

3 ‘‘(II) for employment in a com4 parable position with a not for profit 

5 university or institution of higher edu6 cation, or a governmental research or7 ganization, to conduct research in the 

8 area; or 

9 ‘‘(III) for employment in a com10 parable position to conduct research 

11 in the area with a department, divi12 sion, or institute of a private em13 ployer, if the department, division, or 

14 institute employs at least 3 persons 

15 full-time in research activities and has 

16 achieved documented accomplishments 

17 in an academic field. 

18 ‘‘(K) Aliens who are multinational execu19 tives and managers if, with respect to any such 

20 alien— 

21 ‘‘(i) in the 3 years preceding the time 

22 of the alien’s application for classification 

23 and admission into the United States 

24 under this subparagraph, the alien has 

25 been employed for at least 1 year by a firm 


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1 or corporation or other legal entity or an 

2 affiliate or subsidiary thereof; and 

3 ‘‘(ii) the alien seeks to enter the 

4 United States in order to continue to 

5 render services to the same employer or to 

6 a subsidiary or affiliate thereof in a capac7 ity that is managerial or executive. 

8 ‘‘(L) Aliens who have earned a doctorate 

9 degree from an institution of higher education 

10 in the United States or the foreign equivalent. 

11 ‘‘(M) Alien physicians who have completed 

12 the foreign residency requirements under sec13 tion 212(e) or obtained a waiver of these re14 quirements or an exemption requested by an in15 terested State agency or by an interested Fed16 eral agency under section 214(l), including 

17 those alien physicians who completed such serv18 ice before the date of the enactment of the Bor19 der Security, Economic Opportunity, and Immi20 gration Modernization Act. 

21 ‘‘(N) ADVANCED DEGREES IN A STEM

22 FIELD.— 

23 ‘‘(i) IN GENERAL.—An immigrant 

24 who— 


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1 ‘‘(I) has earned a master’s or 

2 higher degree in a field of science, 

3 technology, engineering, or mathe4 matics included in the Department of 

5 Education’s Classification of Instruc6 tional Programs taxonomy within the 

7 summary groups of computer and in8 formation sciences and support serv9 ices, engineering, mathematics and 

10 statistics, biological and biomedical 

11 sciences, and physical sciences, from a 

12 United States institution of higher 

13 education; 

14 ‘‘(II) has an offer of employment 

15 from a United States employer in a 

16 field related to such degree; and 

17 ‘‘(III) earned the qualifying grad18 uate degree during the 5-year period 

19 immediately before the initial filing 

20 date of the petition under which the 

21 nonimmigrant is a beneficiary. 

22 ‘‘(ii) DEFINITION.—In this subpara23 graph, the term ‘United States institution 

24 of higher education’ means an institution 

25 that— 


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1 ‘‘(I) is described in section 

2 101(a) of the Higher Education Act 

3 of 1965 (20 U.S.C. 1001(a)) or is a 

4 proprietary institution of higher edu5 cation (as defined in section 102(b) of 

6 such Act (20 U.S.C. 1002(b))); 

7 ‘‘(II) was classified by the Car8 negie Foundation for the Advance9 ment of Teaching on January 1, 

10 2012, as a doctorate-granting univer11 sity with a very high or high level of 

12 research activity or classified by the 

13 National Science Foundation after the 

14 date of enactment of this subpara15 graph, pursuant to an application by 

16 the institution, as having equivalent 

17 research activity to those institutions 

18 that had been classified by the Car19 negie Foundation as being doctorate20 granting universities with a very high 

21 or high level of research activity; and 

22 ‘‘(III) is accredited by an accred23 iting body that is itself accredited ei24 ther by the Department of Education 


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1 or by the Council for Higher Edu2 cation Accreditation.’’. 

3 (2) EXCEPTION FROM LABOR CERTIFICATION

4 REQUIREMENT FOR STEM IMMIGRANTS.—Section 

5 212(a)(5)(D) (8 U.S.C. 1182(a)(5)(D)) is amended 

6 to read as follows: 

7 ‘‘(D) APPLICATION OF GROUNDS.— 

8 ‘‘(i) IN GENERAL.—Except as pro9 vided in clause (ii), the grounds for inad10 missibility of aliens under subparagraphs 

11 (A) and (B) shall apply to immigrants 

12 seeking admission or adjustment of status 

13 under paragraph (2) or (3) of section 

14 203(b). 

15 ‘‘(ii) SPECIAL RULE FOR STEM IMMI16 GRANTS.—The grounds for inadmissibility 

17 of aliens under subparagraph (A) shall not 

18 apply to an immigrant seeking admission 

19 or adjustment of status under section 

20 203(b)(2)(B) or 201(b)(1)(N).’’. 

21 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

22 (1) TREATMENT OF DERIVATIVE FAMILY MEM23 BERS.—Section 203(d) (8 U.S.C. 1153(d)) is 

24 amended to read as follows: 


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1 ‘‘(d) TREATMENT OF FAMILY MEMBERS.—If accom2 panying or following to join a spouse or parent issued a 

3 visa under subsection (a), (b), or (c), subparagraph (I), 

4 (J), (K), (L), or (M) of section 201(b)(1), or section 

5 201(b)(2), a spouse or child (as defined in subparagraph 

6 (A), (B), (C), (D), or (E) of section 101(b)(1)) shall be 

7 entitled to the same immigrant status and the same order 

8 of consideration provided in the respective provision.’’. 

9 (2) ALIENS WHO ARE PRIORITY WORKERS OR

10 MEMBERS OF THE PROFESSIONS HOLDING AD11 VANCED DEGREES.—Section 203(b) (8 U.S.C. 

12 1153(b)) is amended— 

13 (A) in the matter preceding paragraph (1), 

14 by striking ‘‘Aliens’’ and inserting ‘‘Other than 

15 aliens described in paragraph (1) or (2)(B), 

16 aliens’’; 

17 (B) in paragraph (1), by striking the mat18 ter preceding subparagraph (A) and inserting 

19 ‘‘Aliens described in any of the following sub20 paragraphs may be admitted to the United 

21 States without respect to the worldwide level 

22 specified in section 201(d)’’; and 

23 (C) by amending paragraph (2) to read as 

24 follows: 


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1 ‘‘(2) ALIENS WHO ARE MEMBERS OF PROFES2 SIONS HOLDING ADVANCED DEGREES OR PROSPEC3 TIVE EMPLOYEES OF NATIONAL SECURITY FACILI4 TIES.— 

5 ‘‘(A) IN GENERAL.—Visas shall be made 

6 available, in a number not to exceed 40 percent 

7 of the worldwide level authorized in section 

8 201(d), plus any visas not required for the 

9 classes specified in paragraph (5) to qualified 

10 immigrants who are either of the following: 

11 ‘‘(i) Members of the professions hold12 ing advanced degrees or their equivalent 

13 whose services in the sciences, arts, profes14 sions, or business are sought by an em15 ployer in the United States, including alien 

16 physicians holding foreign medical degrees 

17 that have been deemed sufficient for ac18 ceptance by an accredited United States 

19 medical residency or fellowship program. 

20 ‘‘(ii) Prospective employees, in a re21 search capacity, of Federal national secu22 rity, science, and technology laboratories, 

23 centers, and agencies, if such immigrants 

24 have been lawfully present in the United 

25 States for two years prior to employment 


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1 (unless the Secretary of Homeland Secu2 rity determines, including upon request of 

3 the prospective laboratory, center, or agen4 cy, that exceptional circumstances exist 

5 justifying waiver of the presence require6 ment). 

7 ‘‘(B) WAIVER OF JOB OFFER.— 

8 ‘‘(i) NATIONAL INTEREST WAIVER.— 

9 Subject to clause (ii), the Secretary of 

10 Homeland Security may, if the Secretary 

11 deems it to be in the national interest, 

12 waive the requirements of subparagraph 

13 (A) that an alien’s services in the sciences, 

14 arts, professions, or business be sought by 

15 an employer in the United States. 

16 ‘‘(ii) PHYSICIANS WORKING IN SHORT17 AGE AREAS OR VETERANS FACILITIES.— 

18 ‘‘(I) IN GENERAL.—The Sec19 retary shall grant a national interest 

20 waiver pursuant to clause (i) on be21 half of any alien physician with re22 spect to whom a petition for pref23 erence classification has been filed 

24 under subparagraph (A) if— 


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1 ‘‘(aa) the alien physician 

2 agrees to work on a full- time 

3 basis practicing primary care, 

4 specialty medicine, or a combina5 tion thereof, in an area or areas 

6 designated by the Secretary of 

7 Health and Human Services as 

8 having a shortage of health care 

9 professionals or at a health care 

10 facility under the jurisdiction of 

11 the Secretary of Veterans Affairs; 

12 or 

13 ‘‘(bb) the alien physician is 

14 pursuing such waiver based upon 

15 service at a facility or facilities 

16 that serve patients who reside in 

17 a geographic area or areas des18 ignated by the Secretary of 

19 Health and Human Services as 

20 having a shortage of health care 

21 professionals (without regard to 

22 whether such facility or facilities 

23 are located within such an area) 

24 and a Federal agency or a local, 

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1 ment of public health determines 

2 that the alien physician’s work at 

3 such facility was or will be in the 

4 public interest. 

5 ‘‘(II) PROHIBITION.— 

6 ‘‘(aa) No permanent resi7 dent visa may be issued to an 

8 alien physician described in sub9 clause (I) by the Secretary of 

10 State under section 204(b), and 

11 the Secretary of Homeland Secu12 rity may not adjust the status of 

13 such an alien physician from that 

14 of a nonimmigrant alien to that 

15 of a permanent resident alien 

16 under section 245, until such 

17 time as the alien has worked full 

18 time as a physician for an aggre19 gate of 5 years (not including the 

20 time served in the status of an 

21 alien described in section 

22 101(a)(15)(J)), in an area or 

23 areas designated by the Secretary 

24 of Health and Human Services 

25 as having a shortage of health 


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1 care professionals or at a health 

2 care facility under the jurisdic3 tion of the Secretary of Veterans 

4 Affairs, or at a facility or facili5 ties meeting the requirements of 

6 subclause (I)(bb). 

7 ‘‘(bb) The 5-year service re8 quirement of item (aa) shall be 

9 counted from the date the alien 

10 physician begins work in the 

11 shortage area in any legal status 

12 and not the date an immigrant 

13 visa petition is filed or approved. 

14 Such service shall be aggregated 

15 without regard to when such 

16 service began and without regard 

17 to whether such service began 

18 during or in conjunction with a 

19 course of graduate medical edu20 cation. 

21 ‘‘(cc) An alien physician 

22 shall not be required to submit 

23 an employment contract with a 

24 term exceeding the balance of the 

25 5-year commitment yet to be 


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1 served, nor an employment con2 tract dated within a minimum 

3 time period prior to filing of a 

4 visa petition pursuant to this 

5 subsection. 

6 ‘‘(dd) An alien physician 

7 shall not be required to file addi8 tional immigrant visa petitions 

9 upon a change of work location 

10 from the location approved in the 

11 original national interest immi12 grant petition. 

13 ‘‘(III) STATUTORY CONSTRUC14 TION.—Nothing in this subparagraph 

15 may be construed to prevent the filing 

16 of a petition with the Secretary of 

17 Homeland Security for classification 

18 under section 204(a), by an alien phy19 sician described in subclause (I) prior 

20 to the date by which such alien physi21 cian has completed the service de22 scribed in subclause (II) or in section 

23 214(l). 

24 ‘‘(C) GUIDANCE AND RULES.—The Sec25 retary may prescribe such policy guidance and 


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1 rules as the Secretary considers appropriate for 

2 purposes of subparagraph (A) to ensure na3 tional security and promote the interests and 

4 competitiveness of the United States. Such 

5 rules shall include a definition of the term ‘Fed6 eral national security, science, and technology 

7 laboratories, centers, and agencies’ for purposes 

8 of clause (ii) of subparagraph (A), which shall 

9 include the following: 

10 ‘‘(i) The national security, science, 

11 and technology laboratories, centers, and 

12 agencies of the Department of Defense, the 

13 Department of Energy, the Department of 

14 Homeland Security, the elements of the in15 telligence community (as that term is de16 fined in section 4(3) of the National Secu17 rity Act of 1947), and any other depart18 ment or agency of the Federal Government 

19 that conducts or funds research and devel20 opment in the essential national interest. 

21 ‘‘(ii) Federally funded research and 

22 development centers (FFRDCs) that are 

23 primarily supported by a department or 

24 agency of the Federal Government speci25 fied in clause (i).’’. 


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1 (3) SKILLED WORKERS, PROFESSIONALS, AND

2 OTHER WORKERS.— 

3 (A) IN GENERAL.—Section 203(b)(3)(A) 

4 (8 U.S.C. 1153(b)(3)(A)) is amended by strik5 ing ‘‘in a number not to exceed 28.6 percent of 

6 such worldwide level, plus any visas not re7 quired for the classes specified in paragraphs 

8 (1) and (2),’’ and inserting ‘‘in a number not 

9 to exceed 40 percent of the worldwide level au10 thorized in section 201(d), plus any visas not 

11 required for the class specified in paragraph 

12 (2),’’. 

13 (B) MEDICAL LICENSE REQUIREMENTS.— 

14 Section 214(i)(2)(A) (8 U.S.C. 1184(i)(2)(A)) 

15 is amended by adding at the end ‘‘including in 

16 the case of a medical doctor, the licensure re17 quired to practice medicine in the United 

18 States,’’. 

19 (C) REPEAL OF LIMITATION ON OTHER

20 WORKERS.—Section 203(b)(3) (8 U.S.C. 

21 1153(b)(3)) is amended— 

22 (i) by striking subparagraph (B); and 

23 (ii) redesignated subparagraph (C) as 

24 subparagraph (B). 


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1 (4) CERTAIN SPECIAL IMMIGRANTS.—Section 

2 203(b)(4) (8 U.S.C. 1153(b)(4)) is amended by 

3 striking ‘‘in a number not to exceed 7.1 percent of 

4 such worldwide level,’’ and inserting ‘‘in a number 

5 not to exceed 10 percent of the worldwide level au6 thorized in section 201(d), plus any visas not re7 quired for the class specified in paragraph (3),’’. 

8 (5) EMPLOYMENT CREATION.—Section 

9 203(b)(5)(A) (8 U.S.C. 1153(b)(5)(A)) is amended 

10 by striking ‘‘in a number not to exceed 7.1 percent 

11 of such worldwide level,’’ and inserting ‘‘in a number 

12 not to exceed 10 percent of the worldwide level au13 thorized in section 201(d), plus any visas not re14 quired for the class specified in paragraph (4),’’. 

15 (d) NATURALIZATION OF EMPLOYEES OF CERTAIN

16 NATIONAL SECURITY FACILITIES WITHOUT REGARD TO

17 RESIDENCY REQUIREMENTS.—Section 316 (8 U.S.C. 

18 1427) is amended by adding at the end the following: 

19 ‘‘(g)(1) Any person who, while an alien or a noncit20 izen national of the United States, has been employed in 

21 a research capacity at a Federal national security, science, 

22 and technology laboratory, center, or agency (as defined 

23 pursuant to section 203(b)(2)(C)) for a period or periods 

24 aggregating one year or more may, in the discretion of 


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1 the Secretary, be naturalized without regard to the resi2 dence requirements of this section if the person— 

3 ‘‘(A) has complied with all requirements as de4 termined by the Secretary of Homeland Security, the 

5 Secretary of Defense, the Secretary of Energy, or 

6 the head of a petitioning department or agency of 

7 the Federal Government, including contractual re8 quirements to maintain employment in a research 

9 capacity with a Federal national security, science, 

10 and technology laboratory, center, or agency for a 

11 period not to exceed five years; and 

12 ‘‘(B) has favorably completed and adjudicated a 

13 background investigation at the appropriate level, 

14 from the employing department or agency of the 

15 Federal Government within the last five years. 

16 ‘‘(2) The number of aliens or noncitizen nationals 

17 naturalized in any fiscal year under this subsection shall 

18 not exceed a number as defined by the Secretary of Home19 land Security, in consultation with the head of the peti20 tioning department or agency of the Federal Govern21 ment.’’. 


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1 SEC. 2308. INCLUSION OF COMMUNITIES ADVERSELY AF2 FECTED BY A RECOMMENDATION OF THE DE3 FENSE BASE CLOSURE AND REALIGNMENT 

4 COMMISSION AS TARGETED EMPLOYMENT 

5 AREAS. 

6 (a) IN GENERAL.—Section 203(b)(5)(B)(ii) (8 

7 U.S.C. 1153(b)(5)(B)(ii)) is amended by inserting ‘‘, any 

8 community adversely affected by a recommendation by the 

9 Defense Base Closure and Realignment Commission,’’ 

10 after ‘‘rural area’’. 

11 (b) REGULATIONS.—The Secretary, in consultation 

12 with the Secretary of Defense, shall implement the amend13 ment made by subsection (a) through appropriate regula14 tions. 

15 SEC. 2309. V NONIMMIGRANT VISAS. 

16 (a) NONIMMIGRANT ELIGIBILITY.—Subparagraph 

17 (V) of section 101(a)(15) (8 U.S.C. 1101(a)(15)) is 

18 amended to read as follows: 

19 ‘‘(V)(i) subject to section 214(q)(1) and 

20 section 212(a)(4), an alien who is the bene21 ficiary of an approved petition under section 

22 203(a) as— 

23 ‘‘(I) the unmarried son or unmarried 

24 daughter of a citizen of the United States; 


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1 ‘‘(II) the unmarried son or unmarried 

2 daughter of an alien lawfully admitted for 

3 permanent residence; or 

4 ‘‘(III) the married son or married 

5 daughter of a citizen of the United States 

6 and who is 31 years of age or younger; or 

7 ‘‘(ii) subject to section 214(q)(2), an alien 

8 who is— 

9 ‘‘(I) the sibling of a citizen of the 

10 United States; or 

11 ‘‘(II) the married son or married 

12 daughter of a citizen of the United States 

13 and who is older than 31 years of age;’’. 

14 (b) EMPLOYMENT AND PERIOD OF ADMISSION OF

15 NONIMMIGRANTS DESCRIBED IN SECTION

16 101(A)(15)(V).—Section 214(q) (8 U.S.C. 1184(q)) is 

17 amended to read as follows: 

18 ‘‘(q) NONIMMIGRANTS DESCRIBED IN SECTION

19 101(A)(15)(V).— 

20 ‘‘(1) CERTAIN SONS AND DAUGHTERS.— 

21 ‘‘(A) EMPLOYMENT AUTHORIZATION.—The 

22 Secretary shall— 

23 ‘‘(i) authorize a nonimmigrant admit24 ted pursuant to section 101(a)(15)(V)(i) to 

25 engage in employment in the United States 


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1 during the period of such nonimmigrant’s 

2 authorized admission; and 

3 ‘‘(ii) provide such a nonimmigrant 

4 with an ‘employment authorized’ endorse5 ment or other appropriate document signi6 fying authorization of employment. 

7 ‘‘(B) TERMINATION OF ADMISSION.—The 

8 period of authorized admission for such a non9 immigrant shall terminate 30 days after the 

10 date on which— 

11 ‘‘(i) such nonimmigrant’s application 

12 for an immigrant visa pursuant to the ap13 proval of a petition under subsection (a) or 

14 (c) of section 203 is denied; or 

15 ‘‘(ii) such nonimmigrant’s application 

16 for adjustment of status under section 245 

17 pursuant to the approval of such a petition 

18 is denied. 

19 ‘‘(2) SIBLINGS AND SONS AND DAUGHTERS OF

20 CITIZENS.— 

21 ‘‘(A) EMPLOYMENT AUTHORIZATION.—The 

22 Secretary may not authorize a nonimmigrant 

23 admitted pursuant to section 101(a)(15)(V)(ii) 

24 to engage in employment in the United States. 


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1 ‘‘(B) PERIOD OF ADMISSION.—The period 

2 of authorized admission as such a non3 immigrant may not exceed 60 days per fiscal 

4 year. 

5 ‘‘(C) TREATMENT OF PERIOD OF ADMIS6 SION.—An alien admitted under section 

7 101(a)(15)(V) may not receive an allocation of 

8 points pursuant to section 203(c) for residence 

9 in the United States while admitted as such a 

10 nonimmigrant.’’. 

11 (c) PUBLIC BENEFITS.—A noncitizen who is lawfully 

12 present in the United States pursuant to section 

13 101(a)(15)(V) of the Immigration and Nationality Act (8 

14 U.S.C. 1101(a)(15)(V)) is not eligible for any means-test15 ed public benefits (as such term is defined and imple16 mented in section 403 of the Personal Responsibility and 

17 Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 

18 1613)). A noncitizen admitted under this section— 

19 (1) is not entitled to the premium assistance 

20 tax credit authorized under section 36B of the Inter21 nal Revenue Code of 1986 for his or her coverage; 

22 (2) shall be subject to the rules applicable to in23 dividuals not lawfully present that are set forth in 

24 subsection (e) of such section; 


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1 (3) shall be subject to the rules applicable to in2 dividuals not lawfully present that are set forth in 

3 section 1402(e) of the Patient Protection and Af4 fordable Care Act (42 U.S.C. 18071(e)); and 

5 (4) shall be subject to the rules applicable to in6 dividuals not lawfully present set forth in section 

7 5000A(d)(3) of the Internal Revenue Code of 1986. 

8 (d) EFFECTIVE DATE.—The amendments made by 

9 this section shall take effect on the first day of the first 

10 fiscal year beginning after the date of the enactment of 

11 this Act. 

12 SEC. 2310. FIANCE ́ E AND FIANCE ́ CHILD STATUS PROTEC13 TION. 

14 (a) DEFINITION.—Section 101(a)(15)(K) (8 U.S.C. 

15 1101(a)(15)(K), as amended by section 

16 2305(d)(6)(B)(i)(I), is further amended— 

17 (1) in clause (i), by inserting ‘‘or of an alien 

18 lawfully admitted for permanent residence’’ after 

19 ‘‘204(a)(1)(H)(i))’’; 

20 (2) in clause (ii), by inserting ‘‘or of an alien 

21 lawfully admitted for permanent residence’’ after 

22 ‘‘204(a)(1)(H)(i))’’; and 

23 (3) in clause (iii), by striking the semicolon and 

24 inserting ‘‘, provided that a determination of the age 

25 of such child is made using the age of the alien on 


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1 the date on which the fiance ́, fiance ́e, or immigrant 

2 visa petition is filed with the Secretary of Homeland 

3 Security to classify the alien’s parent as the fiance ́e 

4 or fiance ́ of a United States citizen or of an alien 

5 lawfully admitted for permanent residence (in the 

6 case of an alien parent described in clause (i)) or as 

7 the spouse of a citizen of the United States or of an 

8 alien lawfully admitted to permanent residence 

9 under section 201(b)(2)(A) (in the case of an alien 

10 parent described in clause (ii));’’. 

11 (b) ADJUSTMENT OF STATUS AUTHORIZED.—Section 

12 214(d) (8 U.S.C. 1184(d)) is amended— 

13 (1) by redesignating paragraphs (2) and (3) as 

14 paragraphs (3) and (4), respectively; and 

15 (2) in paragraph (1), by striking ‘‘In the event’’ 

16 and all that follows through the end; and 

17 (3) by inserting after paragraph (1) the fol18 lowing: 

19 ‘‘(2)(A) If an alien does not marry the petitioner 

20 under paragraph (1) within 3 months after the alien and 

21 the alien’s children are admitted into the United States, 

22 the visa previously issued under the provisions of section 

23 1101(a)(15)(K)(i) shall automatically expire and such 

24 alien and children shall be required to depart from the 

25 United States. If such aliens fail to depart from the 


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1 United States, they shall be placed in proceedings in ac2 cordance with sections 240 and 241. 

3 ‘‘(B) Subject to subparagraphs (C) and (D), if an 

4 alien marries the petitioner described in section 

5 101(a)(15)(K)(i) within 90 days after the alien is admit6 ted into the United States, the Secretary or the Attorney 

7 General, subject to the provisions of section 245(d), may 

8 adjust the status of the alien, and any children accom9 panying or following to join the alien, to that of an alien 

10 lawfully admitted for permanent residence on a conditional 

11 basis under section 216 if the alien and any such children 

12 apply for such adjustment and are not determined to be 

13 inadmissible to the United States. If the alien does not 

14 apply for such adjustment within 6 months after the mar15 riage, the visa issued under the provisions of section 

16 1101(a)(15)(K) shall automatically expire. 

17 ‘‘(C) Paragraphs (5) and (7)(A) of section 212(a) 

18 shall not apply to an alien who is eligible to apply for ad19 justment of the alien’s status to an alien lawfully admitted 

20 for permanent residence under this section. 

21 ‘‘(D) An alien eligible for a waiver of inadmissibility 

22 as otherwise authorized under this Act or the Border Se23 curity, Economic Opportunity, and Immigration Mod24 ernization Act shall be permitted to apply for adjustment 


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1 of the alien’s status to that of an alien lawfully admitted 

2 for permanent residence under this section.’’. 

3 (c) AGE DETERMINATION.—Section 245(d) (8 U.S.C. 

4 1255(d)) is amended— 

5 (1) by striking ‘‘The Attorney General’’ and in6 serting ‘‘(1) The Secretary of Homeland Security’’; 

7 (2) in paragraph (1), as redesignated, by strik8 ing ‘‘Attorney General’’ and inserting ‘‘Secretary’’; 

9 and 

10 (3) by adding at the end the following: 

11 ‘‘(2) A determination of the age of an alien admitted 

12 to the United States under section 101(a)(15)(K)(iii) shall 

13 be made, for purposes of adjustment to the status of an 

14 alien lawfully admitted for permanent residence on a con15 ditional basis under section 216, using the age of the alien 

16 on the date on which the fiance ́, fiance ́e, or immigrant visa 

17 petition was filed with the Secretary of Homeland Security 

18 to classify the alien’s parent as the fiance ́e or fiance ́ of 

19 a United States citizen or of an alien lawfully admitted 

20 to permanent residence (in the case of an alien parent ad21 mitted to the United States under section 

22 101(a)(15)(K)(i)) or as the spouse of a United States cit23 izen or of an alien lawfully admitted to permanent resi24 dence under section 201(b)(2)(A) (in the case of an alien 


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1 parent admitted to the United States under section 

2 101(a)(15)(K)(ii)).’’. 

3 (d) APPLICABILITY.—The amendments made by this 

4 section shall apply to all petitions or applications described 

5 in such amendments that are pending as of the date of 

6 the enactment of the Border Security, Economic Oppor7 tunity, and Immigration Modernization Act. 

8 (e) TECHNICAL AND CONFORMING AMENDMENTS.— 

9 (1) DEFINITIONS.—Section 101(a)(15)(K) (8 

10 U.S.C. 1101(a)(15)(K)), as amended by subsection 

11 (a), is further amended— 

12 (A) in clause (ii), by striking ‘‘section 

13 201(b)(2)(A)(i)’’ and inserting ‘‘section 

14 201(b)(2)’’; and 

15 (B) in clause (iii), by striking ‘‘section 

16 201(b)(2)(A)(i)’’ and inserting ‘‘section 

17 201(b)(2)’’. 

18 (2) AGE DETERMINATION.—Paragraph (2) of 

19 section 245(d) (8 U.S.C. 1255(d)), as added by sub20 section (c), is amended by striking section 

21 ‘‘201(b)(2)(A)(i)’’ and inserting ‘‘201(b)(2)’’. 

22 (3) EFFECTIVE DATE.—The amendments made 

23 by this subsection shall take effect on the first day 

24 of the first fiscal year beginning no earlier than 1 

25 year after the date of the enactment of this Act. 


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1 SEC. 2311. EQUAL TREATMENT FOR ALL STEPCHILDREN. 

2 Section 101(b)(1)(B) (8 U.S.C. 1101(b)(1)(B)) is 

3 amended by striking ‘‘eighteen years’’ and inserting ‘‘21 

4 years’’. 

5 SEC. 2312. MODIFICATION OF ADOPTION AGE REQUIRE6 MENTS. 

7 Section 101(b)(1) (8 U.S.C. 1101(b)(1)) is amend8 ed— 

9 (1) in subparagraph (E)— 

10 (A) by striking ‘‘(E)(i)’’ and inserting 

11 ‘‘(E)’’; 

12 (B) by striking ‘‘under the age of sixteen 

13 years’’ and inserting ‘‘younger than 18 years of 

14 age, or a child adopted when 18 years of age 

15 or older if the adopting parent or parents initi16 ated the legal adoption process before the child 

17 reached 18 years of age’’; 

18 (C) by striking ‘‘; or’’ and inserting a 

19 semicolon; and 

20 (D) by striking clause (ii); 

21 (2) in subparagraph (F)— 

22 (A) by striking ‘‘(F)(i)’’ and inserting 

23 ‘‘(F)’’; 

24 (B) by striking ‘‘sixteen’’ and inserting 

25 ‘‘18’’; 


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1 (C) by striking ‘‘Attorney General’’ and in2 serting ‘‘Secretary of Homeland Security’’; and 

3 (D) by striking clause (ii); and 

4 (3) in subparagraph (G), by striking ‘‘16’’ and 

5 inserting ‘‘18’’. 

6 SEC. 2313. RELIEF FOR ORPHANS, WIDOWS, AND WID7 OWERS. 

8 (a) IN GENERAL.— 

9 (1) SPECIAL RULE FOR ORPHANS AND

10 SPOUSES.—In applying clauses (iii) and (iv) of sec11 tion 201(b)(2)(B) of the Immigration and Nation12 ality Act, as added by section 2305(a) of this Act, 

13 to an alien whose citizen or lawful permanent resi14 dent relative died before the date of the enactment 

15 of this Act, the alien relative may file the classifica16 tion petition under section 204(a)(1)(A)(ii) of the 

17 Immigration and Nationality Act not later than 2 

18 years after the date of the enactment of this Act. 

19 (2) ELIGIBILITY FOR PAROLE.—If an alien was 

20 excluded, deported, removed, or departed voluntarily 

21 before the date of the enactment of this Act based 

22 solely upon the alien’s lack of classification as an 

23 immediate relative (as defined in section 

24 201(b)(2)(B)(iv) of the Immigration and Nationality 


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1 Act, as amended by section 2305(a) of this Act) due 

2 to the death of such citizen or resident— 

3 (A) such alien shall be eligible for parole 

4 into the United States pursuant to the Sec5 retary’s discretionary authority under section 

6 212(d)(5) of such Act (8 U.S.C. 1182(d)(5)); 

7 and 

8 (B) such alien’s application for adjustment 

9 of status shall be considered by the Secretary 

10 notwithstanding section 212(a)(9) of such Act 

11 (8 U.S.C. 1182(a)(9)). 

12 (3) ELIGIBILITY FOR PAROLE.—If an alien de13 scribed in section 204(l) of the Immigration and Na14 tionality Act (8 U.S.C. 1154(l)) was excluded, de15 ported, removed, or departed voluntarily before the 

16 date of the enactment of this Act— 

17 (A) such alien shall be eligible for parole 

18 into the United States pursuant to the Sec19 retary’s discretionary authority under section 

20 212(d)(5) of such Act (8 U.S.C. 1182(d)(5)); 

21 and 

22 (B) such alien’s application for adjustment 

23 of status shall be considered by the Secretary 

24 notwithstanding section 212(a)(9) of such Act 

25 (8 U.S.C. 1182(a)(9)). 


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1 (b) PROCESSING OF IMMIGRANT VISAS AND DERIVA2 TIVE PETITIONS.— 

3 (1) IN GENERAL.—Section 204(b) (8 U.S.C. 

4 1154(b)) is amended— 

5 (A) by striking ‘‘After an investigation’’ 

6 and inserting ‘‘(1) After an investigation’’; and 

7 (B) by adding at the end the following: 

8 ‘‘(2)(A) Any alien described in subparagraph (B) 

9 whose qualifying relative died before the completion of im10 migrant visa processing may have an immigrant visa ap11 plication adjudicated as if such death had not occurred. 

12 An immigrant visa issued before the death of the quali13 fying relative shall remain valid after such death. 

14 ‘‘(B) An alien described in this subparagraph is an 

15 alien who— 

16 ‘‘(i) is an immediate relative (as described in 

17 section 201(b)(2)(B)); 

18 ‘‘(ii) is a family-sponsored immigrant (as de19 scribed in subsection (a) or (d) of section 203); 

20 ‘‘(iii) is a derivative beneficiary of an employ21 ment-based immigrant under section 203(b) (as de22 scribed in section 203(d)); or 

23 ‘‘(iv) is the spouse or child of a refugee (as de24 scribed in section 207(c)(2)) or an asylee (as de25 scribed in section 208(b)(3)).’’. 


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1 (2) TRANSITION PERIOD.— 

2 (A) IN GENERAL.—Notwithstanding a de3 nial or revocation of an application for an immi4 grant visa for an alien due to the death of the 

5 qualifying relative before the date of the enact6 ment of this Act, such application may be re7 newed by the alien through a motion to reopen, 

8 without fee. 

9 (B) INAPPLICABILITY OF BARS TO

10 ENTRY.—Notwithstanding section 212(a)(9) of 

11 the Immigration and Nationality Act (8 U.S.C. 

12 1182(a)(9)), an alien’s application for an immi13 grant visa shall be considered if the alien was 

14 excluded, deported, removed, or departed volun15 tarily before the date of the enactment of this 

16 Act. 

17 (c) NATURALIZATION.—Section 319(a) (8 U.S.C. 

18 1430(a)) is amended by striking ‘‘States,’’ and inserting 

19 ‘‘States (or if the spouse is deceased, the spouse was a 

20 citizen of the United States),’’. 

21 (d) WAIVERS OF INADMISSIBILITY.—Section 212 (8 

22 U.S.C. 1182) is amended by adding at the end the fol23 lowing: 

24 ‘‘(v) CONTINUED WAIVER ELIGIBILITY FOR WIDOWS, 

25 WIDOWERS, AND ORPHANS.—In the case of an alien who 


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1 would have been statutorily eligible for any waiver of inad2 missibility under this Act but for the death of a qualifying 

3 relative, the eligibility of such alien shall be preserved as 

4 if the death had not occurred and the death of the quali5 fying relative shall be the functional equivalent of hardship 

6 for purposes of any waiver of inadmissibility which re7 quires a showing of hardship.’’. 

8 (e) SURVIVING RELATIVE CONSIDERATION FOR CER9 TAIN PETITIONS AND APPLICATIONS.—Section 204(l)(1) 

10 (8 U.S.C. 1154(l)(1)) is amended— 

11 (1) by striking ‘‘who resided in the United 

12 States at the time of the death of the qualifying rel13 ative and who continues to reside in the United 

14 States’’; and 

15 (2) by striking ‘‘related applications,’’ and in16 serting ‘‘related applications (including affidavits of 

17 support),’’. 

18 (f) FAMILY-SPONSORED IMMIGRANTS.—Section 

19 212(a)(4)(C)(i) (8 U.S.C. 1182(a)(4)(C)(i)), as amended 

20 by section 2305(d)(6)(B)(iii), is further amended by add21 ing at the end the following: 

22 ‘‘(III) the status as a surviving 

23 relative under 204(l); or’’. 


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1 SEC. 2314. DISCRETIONARY AUTHORITY WITH RESPECT TO 

2 REMOVAL, DEPORTATION, OR INADMIS3 SIBILITY OF CITIZEN AND RESIDENT IMME4 DIATE FAMILY MEMBERS. 

5 (a) APPLICATIONS FOR RELIEF FROM REMOVAL.— 

6 Section 240(c)(4) (8 U.S.C. 1229a(c)(4)) is amended by 

7 adding at the end the following: 

8 ‘‘(D) JUDICIAL DISCRETION.—In the case 

9 of an alien subject to removal, deportation, or 

10 inadmissibility, the immigration judge may ex11 ercise discretion to decline to order the alien re12 movable, deportable, or inadmissible from the 

13 United States and terminate proceedings if the 

14 judge determines that such removal, deporta15 tion, or inadmissibility is against the public in16 terest or would result in hardship to the alien’s 

17 United States citizen or lawful permanent resi18 dent parent, spouse, or child, or the judge de19 termines the alien is prima facie eligible for 

20 naturalization except that this subparagraph 

21 shall not apply to an alien whom the judge de22 termines— 

23 ‘‘(i) is inadmissible or deportable 

24 under— 


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1 ‘‘(I) subparagraph (B), (C), 

2 (D)(ii), (E), (H), (I), or (J) of section 

3 212(a)(2); 

4 ‘‘(II) section 212(a)(3); 

5 ‘‘(III) subparagraph (A), (C), or 

6 (D) of section 212(a)(10); or 

7 ‘‘(IV) paragraph (2)(A)(ii), 

8 (2)(A)(v), (2)(F), (4), or (6) of sec9 tion 237(a); or 

10 ‘‘(ii) has— 

11 ‘‘(I) engaged in conduct de12 scribed in paragraph (8) or (9) of sec13 tion 103 of the Trafficking Victims 

14 Protection Act of 2000 (22 U.S.C. 

15 7102); or 

16 ‘‘(II) a felony conviction de17 scribed in section 101(a)(43) that 

18 would have been classified as an ag19 gravated felony at the time of convic20 tion.’’. 

21 (b) SECRETARY’S DISCRETION.—Section 212 (8 

22 U.S.C. 1182), as amended by section 2313(d), is further 

23 amended by adding at the end the following: 

24 ‘‘(w) SECRETARY’S DISCRETION.—In the case of an 

25 alien who is inadmissible under this section or deportable 


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1 under section 237, the Secretary of Homeland Security 

2 may exercise discretion to waive a ground of inadmis3 sibility or deportability if the Secretary determines that 

4 such removal or refusal of admission is against the public 

5 interest or would result in hardship to the alien’s United 

6 States citizen or permanent resident parent, spouse, or 

7 child. This subsection shall not apply to an alien whom 

8 the Secretary determines— 

9 ‘‘(1) is inadmissible or deportable under— 

10 ‘‘(A) subparagraph (B), (C), (D)(ii), (E), 

11 (H), (I), or (J) of subsection (a)(2); 

12 ‘‘(B) subsection (a)(3); 

13 ‘‘(C) subparagraph (A), (C), or (D) of sub14 section (a)(10); 

15 ‘‘(D) paragraphs (2)(A)(ii), (2)(A)(v), 

16 (2)(F), or (6) of section 237(a); or 

17 ‘‘(E) section 240(c)(4)(D)(ii)(II); or 

18 ‘‘(2) has— 

19 ‘‘(A) engaged in conduct described in para20 graph (8) or (9) of section 103 of the Traf21 ficking Victims Protection Act of 2000 (22 

22 U.S.C. 7102); or 

23 ‘‘(B) a felony conviction described in sec24 tion 101(a)(43) that would have been classified 


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1 as an aggravated felony at the time of convic2 tion.’’. 

3 (c) REINSTATEMENT OF REMOVAL ORDERS.—Sec4 tion 241(a)(5) (8 U.S.C. 1231(a)(5)) is amended by strik5 ing the period at the end and inserting ‘‘, unless the alien 

6 reentered prior to attaining the age of 18 years, or rein7 statement of the prior order of removal would not be in 

8 the public interest or would result in hardship to the 

9 alien’s United States citizen or permanent resident parent, 

10 spouse, or child.’’. 

11 SEC. 2315. WAIVERS OF INADMISSIBILITY. 

12 (a) ALIENS WHO ENTERED AS CHILDREN.—Section 

13 212(a)(9)(B)(iii) (8 U.S.C. 1182(a)(9)(B)(iii)) is amended 

14 by adding at the end the following: 

15 ‘‘(VI) ALIENS WHO ENTERED AS

16 CHILDREN.—Clause (i) shall not apply 

17 to an alien who is the beneficiary of 

18 an approved petition under 

19 101(a)(15)(H) and who has earned a 

20 baccalaureate or higher degree from a 

21 United States institution of higher 

22 education (as defined in section 

23 101(a) of the Higher Education Act 

24 of 1965 (20 U.S.C. 1001(a)), and had 

25 not yet reached the age of 16 years at 


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1 the time of initial entry to the United 

2 States.’’. 

3 (b) ALIENS UNLAWFULLY PRESENT.—Section 

4 212(a)(9)(B)(v) (8 U.S.C. 1181(a)(9)(B)(v) is amended— 

5 (1) by striking ‘‘spouse or son or daughter’’ and 

6 inserting ‘‘spouse, son, daughter, or parent’’; 

7 (2) by striking ‘‘extreme’’; and 

8 (3) by inserting ‘‘, child,’’ after ‘‘lawfully resi9 dent spouse’’. 

10 (c) PREVIOUS IMMIGRATION VIOLATIONS.—Section 

11 212(a)(9)(C)(i) (8 U.S.C. 1182(a)(9)(C)(i)) is amended 

12 by adding ‘‘, other than an alien described in clause (iii) 

13 or (iv) of subparagraph (B),’’ after ‘‘Any alien’’. 

14 (d) FALSE CLAIMS.— 

15 (1) INADMISSIBILITY.— 

16 (A) IN GENERAL.—Section 212(a)(6)(C) 

17 (8 U.S.C. 1182(a)(6)(C)) is amended to read as 

18 follows: 

19 ‘‘(C) MISREPRESENTATION.— 

20 ‘‘(i) IN GENERAL.—Any alien who, by 

21 fraud or willfully misrepresenting a mate22 rial fact, seeks to procure (or within the 

23 last 3 years has sought to procure or has 

24 procured) a visa, other documentation, or 

25 admission into the United States or other 


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1 benefit provided under this Act is inadmis2 sible. 

3 ‘‘(ii) FALSELY CLAIMING CITIZEN4 SHIP.— 

5 ‘‘(I) INADMISSIBILITY.—Subject 

6 to subclause (II), any alien who know7 ingly misrepresents himself or herself 

8 to be a citizen of the United States 

9 for any purpose or benefit under this 

10 chapter (including section 274A) or 

11 any other Federal or State law is in12 admissible. 

13 ‘‘(II) SPECIAL RULE FOR CHIL14 DREN.—An alien shall not be inadmis15 sible under this clause if the misrepre16 sentation described in subclause (I) 

17 was made by the alien when the 

18 alien— 

19 ‘‘(aa) was under 18 years of 

20 age; or 

21 ‘‘(bb) otherwise lacked the 

22 mental competence to knowingly 

23 misrepresent a claim of United 

24 States citizenship. 


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1 ‘‘(iii) WAIVER.—The Attorney General 

2 or the Secretary of Homeland Security 

3 may, in the discretion of the Attorney Gen4 eral or the Secretary, waive the application 

5 of clause (i) or (ii)(I) for an alien, regard6 less whether the alien is within or outside 

7 the United States, if the Attorney General 

8 or the Secretary finds that a determination 

9 of inadmissibility to the United States for 

10 such alien would— 

11 ‘‘(I) result in extreme hardship to 

12 the alien or to the alien’s parent, 

13 spouse, son, or daughter who is a cit14 izen of the United States or an alien 

15 lawfully admitted for permanent resi16 dence; or 

17 ‘‘(II) in the case of a VAWA self18 petitioner, result in significant hard19 ship to the alien or a parent or child 

20 of the alien who is a citizen of the 

21 United States, an alien lawfully ad22 mitted for permanent residence, or a 

23 qualified alien (as defined in section 

24 431 of the Personal Responsibility 


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1 and Work Opportunity Reconciliation 

2 Act of 1996 (8 U.S.C. 1641(b))). 

3 ‘‘(iv) LIMITATION ON REVIEW.—No 

4 court shall have jurisdiction to review a de5 cision or action of the Attorney General or 

6 the Secretary regarding a waiver under 

7 clause (iii).’’. 

8 (B) CONFORMING AMENDMENT.—Section 

9 212 (8 U.S.C. 1182) is amended by striking 

10 subsection (i). 

11 (2) DEPORTABILITY.—Section 237(a)(3)(D) (8 

12 U.S.C. 1227(a)(3)(D)) is amended to read as fol13 lows: 

14 ‘‘(D) FALSELY CLAIMING CITIZENSHIP.— 

15 Any alien described in section 212(a)(6)(C)(ii) 

16 is deportable.’’. 

17 SEC. 2316. CONTINUOUS PRESENCE. 

18 Section 240A(d)(1) (8 U.S.C. 1229b(d)(1)) is amend19 ed to read as follows: 

20 ‘‘(1) TERMINATION OF CONTINUOUS PERIOD.— 

21 For purposes of this section, any period of contin22 uous residence or continuous physical presence in 

23 the United States shall be deemed to end, except in 

24 the case of an alien who applies for cancellation of 

25 removal under subsection (b)(2), on the date that a 


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1 notice to appear is filed with the Executive Office 

2 for Immigration Review pursuant to section 240.’’. 

3 SEC. 2317. GLOBAL HEALTH CARE COOPERATION. 

4 (a) TEMPORARY ABSENCE OF ALIENS PROVIDING

5 HEALTH CARE IN DEVELOPING COUNTRIES.— 

6 (1) IN GENERAL.—Title III (8 U.S.C. 1401 et 

7 seq.) is amended by inserting after section 317 the 

8 following: 

9 ‘‘SEC. 317A. TEMPORARY ABSENCE OF ALIENS PROVIDING 

10 HEALTH CARE IN DEVELOPING COUNTRIES. 

11 ‘‘(a) IN GENERAL.—Notwithstanding any other pro12 vision of this Act, the Secretary of Homeland Security 

13 shall allow an eligible alien and the spouse or child of such 

14 alien to reside in a candidate country during the period 

15 that the eligible alien is working as a physician or other 

16 health care worker in a candidate country. During such 

17 period the eligible alien and such spouse or child shall be 

18 considered— 

19 ‘‘(1) to be physically present and residing in the 

20 United States for purposes of naturalization under 

21 section 316(a); and 

22 ‘‘(2) to meet the continuous residency require23 ments under section 316(b). 

24 ‘‘(b) DEFINITIONS.—In this section: 


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1 ‘‘(1) CANDIDATE COUNTRY.—The term ‘can2 didate country’ means a country that the Secretary 

3 of State determines to be— 

4 ‘‘(A) eligible for assistance from the Inter5 national Development Association, in which the 

6 per capita income of the country is equal to or 

7 less than the historical ceiling of the Inter8 national Development Association for the appli9 cable fiscal year, as defined by the International 

10 Bank for Reconstruction and Development; 

11 ‘‘(B) classified as a lower middle income 

12 country in the then most recent edition of the 

13 World Development Report for Reconstruction 

14 and Development published by the International 

15 Bank for Reconstruction and Development and 

16 having an income greater than the historical 

17 ceiling for International Development Associa18 tion eligibility for the applicable fiscal year; or 

19 ‘‘(C) qualified to be a candidate country 

20 due to special circumstances, including natural 

21 disasters or public health emergencies. 

22 ‘‘(2) ELIGIBLE ALIEN.—The term ‘eligible 

23 alien’ means an alien who— 

24 ‘‘(A) has been lawfully admitted to the 

25 United States for permanent residence; and 


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1 ‘‘(B) is a physician or other healthcare 

2 worker. 

3 ‘‘(c) CONSULTATION.—The Secretary of Homeland 

4 Security shall consult with the Secretary of State in car5 rying out this section. 

6 ‘‘(d) PUBLICATION.—The Secretary of State shall 

7 publish— 

8 ‘‘(1) not later than 180 days after the date of 

9 the enactment of the Border Security, Economic Op10 portunity, and Immigration Modernization Act, a list 

11 of candidate countries; 

12 ‘‘(2) an updated version of the list required by 

13 paragraph (1) not less often than once each year; 

14 and 

15 ‘‘(3) an amendment to the list required by 

16 paragraph (1) at the time any country qualifies as 

17 a candidate country due to special circumstances 

18 under subsection (b)(1)(C).’’. 

19 (2) RULEMAKING.— 

20 (A) REQUIREMENT.—Not later than 180 

21 days after the date of the enactment of this 

22 Act, the Secretary shall promulgate regulations 

23 to carry out the amendments made by this sub24 section. 


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1 (B) CONTENT.—The regulations promul2 gated pursuant to subparagraph (A) shall— 

3 (i) permit an eligible alien (as defined 

4 in section 317A of the Immigration and 

5 Nationality Act, as added by subsection 

6 (a)) and the spouse or child of the eligible 

7 alien to reside in a foreign country to work 

8 as a physician or other healthcare worker 

9 as described in subsection (a) of such sec10 tion 317A for not less than a 12-month pe11 riod and not more than a 24-month period, 

12 and shall permit the Secretary to extend 

13 such period for an additional period not to 

14 exceed 12 months, if the Secretary deter15 mines that such country has a continuing 

16 need for such a physician or other 

17 healthcare worker; 

18 (ii) provide for the issuance of docu19 ments by the Secretary to such eligible 

20 alien, and such spouse or child, if appro21 priate, to demonstrate that such eligible 

22 alien, and such spouse or child, if appro23 priate, is authorized to reside in such 

24 country under such section 317A; and 


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1 (iii) provide for an expedited process 

2 through which the Secretary shall review 

3 applications for such an eligible alien to re4 side in a foreign country pursuant to sub5 section (a) of such section 317A if the Sec6 retary of State determines a country is a 

7 candidate country pursuant to subsection 

8 (b)(1)(C) of such section 317A. 

9 (3) TECHNICAL AND CONFORMING AMEND10 MENTS.— 

11 (A) DEFINITION.—Section 

12 101(a)(13)(C)(ii) (8 U.S.C. 1101(a)(13)(C)(ii)) 

13 is amended by adding ‘‘except in the case of an 

14 eligible alien, or the spouse or child of such 

15 alien, who is authorized to be absent from the 

16 United States under section 317A,’’ at the end. 

17 (B) DOCUMENTARY REQUIREMENTS.—Sec18 tion 211(b) (8 U.S.C. 1181(b)) is amended by 

19 inserting ‘‘, including an eligible alien author20 ized to reside in a foreign country under section 

21 317A and the spouse or child of such eligible 

22 alien, if appropriate,’’ after ‘‘101(a)(27)(A),’’. 

23 (C) INELIGIBLE ALIENS.—Section 

24 212(a)(7)(A)(i)(I) (8 U.S.C. 

25 1182(a)(7)(A)(i)(I)) is amended by inserting 


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1 ‘‘other than an eligible alien authorized to re2 side in a foreign country under section 317A 

3 and the spouse or child of such eligible alien, if 

4 appropriate,’’ after ‘‘Act,’’. 

5 (4) CLERICAL AMENDMENT.—The table of con6 tents of such Act is amended by inserting after the 

7 item relating to section 317 the following: 

‘‘Sec. 317A. Temporary absence of aliens providing health care in developing 

countries.’’. 

8 (b) ATTESTATION BY HEALTH CARE WORKERS.— 

9 (1) ATTESTATION REQUIREMENT.—Section 

10 212(a)(5) (8 U.S.C. 1182(a)(5)) is amended by add11 ing at the end the following: 

12 ‘‘(E) HEALTH CARE WORKERS WITH

13 OTHER OBLIGATIONS.— 

14 ‘‘(i) IN GENERAL.—An alien who 

15 seeks to enter the United States for the 

16 purpose of performing labor as a physician 

17 or other health care worker is inadmissible 

18 unless the alien submits to the Secretary of 

19 Homeland Security or the Secretary of 

20 State, as appropriate, an attestation that 

21 the alien is not seeking to enter the United 

22 States for such purpose during any period 

23 in which the alien has an outstanding obli24 gation to the government of the alien’s 


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1 country of origin or the alien’s country of 

2 residence. 

3 ‘‘(ii) OBLIGATION DEFINED.—In this 

4 subparagraph, the term ‘obligation’ means 

5 an obligation incurred as part of a valid, 

6 voluntary individual agreement in which 

7 the alien received financial assistance to 

8 defray the costs of education or training to 

9 qualify as a physician or other health care 

10 worker in consideration for a commitment 

11 to work as a physician or other health care 

12 worker in the alien’s country of origin or 

13 the alien’s country of residence. 

14 ‘‘(iii) WAIVER.—The Secretary of 

15 Homeland Security may waive a finding of 

16 inadmissibility under clause (i) if the Sec17 retary determines that— 

18 ‘‘(I) the obligation was incurred 

19 by coercion or other improper means; 

20 ‘‘(II) the alien and the govern21 ment of the country to which the alien 

22 has an outstanding obligation have 

23 reached a valid, voluntary agreement, 

24 pursuant to which the alien’s obliga25 tion has been deemed satisfied, or the 


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1 alien has shown to the satisfaction of 

2 the Secretary that the alien has been 

3 unable to reach such an agreement 

4 because of coercion or other improper 

5 means; or 

6 ‘‘(III) the obligation should not 

7 be enforced due to other extraordinary 

8 circumstances, including undue hard9 ship that would be suffered by the 

10 alien in the absence of a waiver.’’. 

11 (2) EFFECTIVE DATE.—The amendment made 

12 by paragraph (1) shall take effect on the date that 

13 is 180 days after the date of the enactment of this 

14 Act. 

15 (3) APPLICATION.—Not later than the effective 

16 date described in paragraph (2), the Secretary shall 

17 begin to carry out subparagraph (E) of section 

18 212(a)(5) of the Immigration and Nationality Act, 

19 as added by paragraph (1), including the require20 ment for the attestation and the granting of a waiv21 er described in clause (iii) of such subparagraph (E), 

22 regardless of whether regulations to implement such 

23 subparagraph have been promulgated. 


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1 SEC. 2318. EXTENSION AND IMPROVEMENT OF THE IRAQI 

2 SPECIAL IMMIGRANT VISA PROGRAM. 

3 The Refugee Crisis in Iraq Act of 2007 (8 U.S.C. 

4 1157 note) is amended— 

5 (1) in section 1242, by amending subsection (c) 

6 to read as follows: 

7 ‘‘(c) IMPROVED APPLICATION PROCESS.—Not later 

8 than 120 days after the date of the enactment of the Bor9 der Security, Economic Opportunity, and Immigration 

10 Modernization Act, the Secretary of State and the Sec11 retary of Homeland Security, in consultation with the Sec12 retary of Defense, shall improve the efficiency by which 

13 applications for special immigrant visas under section 

14 1244(a) are processed so that all steps incidental to the 

15 issuance of such visas, including required screenings and 

16 background checks, are completed not later than 9 months 

17 after the date on which an eligible alien applies for such 

18 visa.’’; 

19 (2) in section 1244— 

20 (A) in subsection (b)— 

21 (i) in paragraph (1)— 

22 (I) by amending subparagraph 

23 (B) to read as follows: 

24 ‘‘(B) was or is employed in Iraq on or 

25 after March 20, 2003, for not less than 1 year, 

26 by, or on behalf of— 


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1 ‘‘(i) the United States Government; 

2 ‘‘(ii) a media or nongovernmental or3 ganization headquartered in the United 

4 States; or 

5 ‘‘(iii) an organization or entity closely 

6 associated with the United States mission 

7 in Iraq that has received United States 

8 Government funding through an official 

9 and documented contract, award, grant, or 

10 cooperative agreement;’’; 

11 (II) in subparagraph (C), by 

12 striking ‘‘the United States Govern13 ment’’ and inserting ‘‘an entity or or14 ganization described in subparagraph 

15 (B)’’; and 

16 (III) in subparagraph (D), by 

17 striking by striking ‘‘the United 

18 States Government.’’ and inserting 

19 ‘‘such entity or organization.’’; and 

20 (ii) in paragraph (4)— 

21 (I) by striking ‘‘A recommenda22 tion’’ and inserting the following: 

23 ‘‘(A) IN GENERAL.—Except as provided 

24 under subparagraph (B), a recommendation’’; 


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1 (II) by striking ‘‘the United 

2 States Government prior’’ and insert3 ing ‘‘an entity or organization de4 scribed in paragraph (1)(B) prior’’; 

5 and 

6 (III) by adding at the end the 

7 following: 

8 ‘‘(B) REVIEW PROCESS FOR DENIAL BY

9 CHIEF OF MISSION.— 

10 ‘‘(i) IN GENERAL.—An applicant who 

11 has been denied Chief of Mission approval 

12 required by subparagraph (A) shall— 

13 ‘‘(I) receive a written decision; 

14 and 

15 ‘‘(II) be provided 120 days from 

16 the date of the decision to request re17 opening of the decision to provide ad18 ditional information, clarify existing 

19 information, or explain any unfavor20 able information. 

21 ‘‘(ii) SENIOR COORDINATOR.—The 

22 Secretary of State shall designate, in the 

23 Embassy of the United States in Baghdad, 

24 Iraq, a senior coordinator responsible for 

25 overseeing the efficiency and integrity of 


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1 the processing of special immigrant visas 

2 under this section, who shall be given— 

3 ‘‘(I) sufficiently high security 

4 clearance to review Chief of Mission 

5 denials in cases that appear to have 

6 relied upon insufficient or incorrect 

7 information; and 

8 ‘‘(II) responsibility for ensuring 

9 that an applicant described in clause 

10 (i) receives the information described 

11 in clause (i)(I).’’; and 

12 (B) in subsection (c)(3), by adding at the 

13 end the following: 

14 ‘‘(C) SUBSEQUENT FISCAL YEARS.—Not15 withstanding subparagraphs (A) and (B), and 

16 consistent with subsection (b), any unused bal17 ance of the total number of principal aliens who 

18 may be provided special immigrant status under 

19 this section in fiscal years 2008 through 2012 

20 may be carried forward and provided through 

21 the end of fiscal year 2018.’’; and 

22 (3) in section 1248, by adding at the end the 

23 following: 

24 ‘‘(f) REPORT ON IMPROVEMENTS.— 


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1 ‘‘(1) IN GENERAL.—Not later than 120 days 

2 after the date of the enactment of the Border Secu3 rity, Economic Opportunity, and Immigration Mod4 ernization Act, the Secretary of State and the Sec5 retary of Homeland Security, in consultation with 

6 the Secretary of Defense, shall submit a report, with 

7 a classified annex, if necessary, to— 

8 ‘‘(A) the Committee on the Judiciary of 

9 the Senate; 

10 ‘‘(B) the Committee on Foreign Relations 

11 of the Senate; 

12 ‘‘(C) the Committee on the Judiciary of 

13 the House of Representatives; and 

14 ‘‘(D) the Committee on Foreign Affairs of 

15 the House of Representatives. 

16 ‘‘(2) CONTENTS.—The report submitted under 

17 paragraph (1) shall describe the implementation of 

18 improvements to the processing of applications for 

19 special immigrant visas under section 1244(a), in20 cluding information relating to— 

21 ‘‘(A) enhancing existing systems for con22 ducting background and security checks of per23 sons applying for special immigrant status, 

24 which shall— 

25 ‘‘(i) support immigration security; and 


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1 ‘‘(ii) provide for the orderly processing 

2 of such applications without delay; 

3 ‘‘(B) the financial, security, and personnel 

4 considerations and resources necessary to carry 

5 out this subtitle; 

6 ‘‘(C) the number of aliens who have ap7 plied for special immigrant visas under section 

8 1244 during each month of the preceding fiscal 

9 year; 

10 ‘‘(D) the reasons for the failure to expedi11 tiously process any applications that have been 

12 pending for longer than 9 months; 

13 ‘‘(E) the total number of applications that 

14 are pending due to the failure— 

15 ‘‘(i) to receive approval from the Chief 

16 of Mission; 

17 ‘‘(ii) for U.S. Citizenship and Immi18 gration Services to complete the adjudica19 tion of the Form I–360; 

20 ‘‘(iii) to conduct a visa interview; or 

21 ‘‘(iv) to issue the visa to an eligible 

22 alien; 

23 ‘‘(F) the average wait times for an appli24 cant at each of the stages described in subpara25 graph (E); 


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1 ‘‘(G) the number of denials or rejections at 

2 each of the stages described in subparagraph 

3 (E); and 

4 ‘‘(H) a breakdown of reasons for denials at 

5 by the Chief of Mission based on the categories 

6 already made available to denied special immi7 grant visa applicants in the denial letter sent to 

8 them by the Chief of Mission. 

9 ‘‘(g) PUBLIC QUARTERLY REPORTS.—Not later than 

10 120 days after the date of the enactment of the Border 

11 Security, Economic Opportunity, and Immigration Mod12 ernization Act, and every 3 months thereafter, the Sec13 retary of State and the Secretary of Homeland Security, 

14 in consultation with the Secretary of Defense, shall pub15 lish a report on the website of the Department of State 

16 that describes the efficiency improvements made in the 

17 process by which applications for special immigrant visas 

18 under section 1244(a) are processed, including informa19 tion described in subparagraphs (C) through (H) of sub20 section (f)(2).’’. 

21 SEC. 2319. EXTENSION AND IMPROVEMENT OF THE AF22 GHAN SPECIAL IMMIGRANT VISA PROGRAM. 

23 Section 602(b) of the Afghan Allies Protection Act 

24 of 2009 (8 U.S.C. 1101 note) is amended— 

25 (1) in paragraph (2)— 


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1 (A) in subparagraph (A)— 

2 (i) by amending clause (ii) to read as 

3 follows: 

4 ‘‘(ii) was or is employed in Afghani5 stan on or after October 7, 2001, for not 

6 less than 1 year, by, or on behalf of— 

7 ‘‘(I) the United States Govern8 ment; 

9 ‘‘(II) a media or nongovern10 mental organization headquartered in 

11 the United States; or 

12 ‘‘(III) an organization or entity 

13 closely associated with the United 

14 States mission in Afghanistan that 

15 has received United States Govern16 ment funding through an official and 

17 documented contract, award, grant, or 

18 cooperative agreement;’’; 

19 (ii) in clause (iii), by striking ‘‘the 

20 United States Government’’ and inserting 

21 ‘‘an entity or organization described in 

22 clause (ii)’’; and 

23 (iii) in clause (iv), by striking by 

24 striking ‘‘the United States Government.’’ 


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1 and inserting ‘‘such entity or organiza2 tion.’’; 

3 (B) by amending subparagraph (B) to read 

4 as follows: 

5 ‘‘(B) FAMILY MEMBERS.—An alien is de6 scribed in this subparagraph if the alien is— 

7 ‘‘(i) the spouse or minor child of a 

8 principal alien described in subparagraph 

9 (A) who is accompanying or following to 

10 join the principal alien in the United 

11 States; or 

12 ‘‘(ii)(I) the spouse, child, parent, or 

13 sibling of a principal alien described in 

14 subparagraph (A), whether or not accom15 panying or following to join; and 

16 ‘‘(II) has experienced or is experi17 encing an ongoing serious threat as a con18 sequence of the qualifying employment of a 

19 principal alien described in subparagraph 

20 (A).’’; and 

21 (C) in subparagraph (D)— 

22 (i) by striking ‘‘A recommendation’’ 

23 and inserting the following: 


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1 ‘‘(i) IN GENERAL.—Except as pro2 vided under clause (ii), a recommenda3 tion’’; 

4 (ii) by striking ‘‘the United States 

5 Government prior’’ and inserting ‘‘an enti6 ty or organization described in paragraph 

7 (2)(A)(ii) prior’’; and 

8 (iii) by adding at the end the fol9 lowing: 

10 ‘‘(ii) REVIEW PROCESS FOR DENIAL

11 BY CHIEF OF MISSION.— 

12 ‘‘(I) IN GENERAL.—An applicant 

13 who has been denied Chief of Mission 

14 approval shall— 

15 ‘‘(aa) receive a written deci16 sion; and 

17 ‘‘(bb) be provided 120 days 

18 from the date of receipt of such 

19 opinion to request reconsider20 ation of the decision to provide 

21 additional information, clarify ex22 isting information, or explain any 

23 unfavorable information. 

24 ‘‘(II) SENIOR COORDINATOR.— 

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1 ignate, in the Embassy of the United 

2 States in Kabul, Afghanistan, a senior 

3 coordinator responsible for overseeing 

4 the efficiency and integrity of the 

5 processing of special immigrant visas 

6 under this section, who shall be 

7 given— 

8 ‘‘(aa) sufficiently high secu9 rity clearance to review Chief of 

10 Mission denials in cases that ap11 pear to have relied upon insuffi12 cient or incorrect information; 

13 and 

14 ‘‘(bb) responsibility for en15 suring that an applicant de16 scribed in subclause (I) receives 

17 the information described in sub18 clause (I)(aa).’’; 

19 (2) in paragraph (3)(C), by amending clause 

20 (iii) to read as follows: 

21 ‘‘(iii) FISCAL YEARS 2014 THROUGH

22 2018.—For each of the fiscal years 2014 

23 through 2018, the total number of prin24 cipal aliens who may be provided special 


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1 immigrant status under this section may 

2 not exceed the sum of— 

3 ‘‘(I) 5,000; 

4 ‘‘(II) the difference between the 

5 number of special immigrant visas al6 located under this section for fiscal 

7 years 2009 through 2013 and the 

8 number of such allocated visas that 

9 were issued; and 

10 ‘‘(III) any unused balance of the 

11 total number of principal aliens who 

12 may be provided special immigrant 

13 status in fiscal years 2014 through 

14 2018 that have been carried for15 ward.’’; 

16 (3) in paragraph (4)— 

17 (A) in the heading, by striking ‘‘PROHIBI18 TION ON FEES.—’’ and inserting ‘‘APPLICATION

19 PROCESS.—’’; 

20 (B) by striking ‘‘The Secretary’’ and in21 serting the following: 

22 ‘‘(A) IN GENERAL.—Not later than 120 

23 days after the date of enactment of the Border 

24 Security, Economic Opportunity, and Immigra25 tion Modernization Act, the Secretary of State 


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1 and the Secretary of Homeland Security, in 

2 consultation with the Secretary of Defense, 

3 shall improve the efficiency by which applica4 tions for special immigrant visas under para5 graph (1) are processed so that all steps inci6 dental to the issuance of such visas, including 

7 required screenings and background checks, are 

8 completed not later than 6 months after the 

9 date on which an eligible alien applies for such 

10 visa. 

11 ‘‘(B) PROHIBITION ON FEES.—The Sec12 retary’’; and 

13 (4) by adding at the end the following: 

14 ‘‘(12) REPORT ON IMPROVEMENTS.—Not later 

15 than 120 days after the date of the enactment of the 

16 Border Security, Economic Opportunity, and Immi17 gration Modernization Act, the Secretary of State 

18 and the Secretary of Homeland Security, in con19 sultation with the Secretary of Defense, shall submit 

20 to the appropriate committees of Congress a report, 

21 with a classified annex, if necessary, that describes 

22 the implementation of improvements to the proc23 essing of applications for special immigrant visas 

24 under this subsection, including information relating 

25 to— 


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1 ‘‘(A) enhancing existing systems for con2 ducting background and security checks of per3 sons applying for special immigrant status, 

4 which shall— 

5 ‘‘(i) support immigration security; and 

6 ‘‘(ii) provide for the orderly processing 

7 of such applications without delay; 

8 ‘‘(B) the financial, security, and personnel 

9 considerations and resources necessary to carry 

10 out this section; 

11 ‘‘(C) the number of aliens who have ap12 plied for special immigrant visas under this 

13 subsection during each month of the preceding 

14 fiscal year; 

15 ‘‘(D) the reasons for the failure to expedi16 tiously process any applications that have been 

17 pending for longer than 9 months; 

18 ‘‘(E) the total number of applications that 

19 are pending due to the failure— 

20 ‘‘(i) to receive approval from the Chief 

21 of Mission; 

22 ‘‘(ii) for U.S. Citizenship and Immi23 gration Services to complete the adjudica24 tion of the Form I–360; 

25 ‘‘(iii) to conduct a visa interview; or 


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1 ‘‘(iv) to issue the visa to an eligible 

2 alien; 

3 ‘‘(F) the average wait times for an appli4 cant at each of the stages described in subpara5 graph (E); 

6 ‘‘(G) the number of denials or rejections at 

7 each of the stages described in subparagraph 

8 (E); and 

9 ‘‘(H) a breakdown of reasons for denials 

10 by the Chief of Mission based on the categories 

11 already made available to denied special immi12 grant visa applicants in the denial letter sent to 

13 them by the Chief of Mission. 

14 ‘‘(13) PUBLIC QUARTERLY REPORTS.—Not 

15 later than 120 days after the date of the enactment 

16 of the Border Security, Economic Opportunity, and 

17 Immigration Modernization Act, and every 3 months 

18 thereafter, the Secretary of State and the Secretary 

19 of Homeland Security, in consultation with the Sec20 retary of Defense, shall publish a report on the 

21 website of the Department of State that describes 

22 the efficiency improvements made in the process by 

23 which applications for special immigrant visas under 

24 this subsection are processed, including information 


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1 described in subparagraph (C) through (H) of para2 graph (12).’’. 

3 SEC. 2320. SPECIAL IMMIGRANT NONMINISTER RELIGIOUS 

4 WORKER PROGRAM. 

5 Section 101(a)(27)(C)(ii) (8 U.S.C. 1101 

6 (a)(27)(C)(ii)) is amended in subclauses (II) and (III) by 

7 striking ‘‘before September 30, 2015,’’ both places such 

8 term appears. 

9 SEC. 2321. SPECIAL IMMIGRANT STATUS FOR CERTAIN SUR10 VIVING SPOUSES AND CHILDREN. 

11 (a) IN GENERAL.—Section 101(a)(27) (8 U.S.C. 

12 1101(a)(27)) is amended in subparagraph (D)— 

13 (1) by inserting ‘‘(i)’’ before ‘‘an immigrant 

14 who is an employee’’; 

15 (2) by inserting ‘‘or’’ after ‘‘grant such sta16 tus;’’; and 

17 (3) by inserting after clause (i), as designated 

18 by paragraph (1), the following: 

19 ‘‘(ii) an immigrant who is the surviving 

20 spouse or child of an employee of the United 

21 States Government abroad killed in the line of 

22 duty, provided that the employee had performed 

23 faithful service for a total of 15 years, or more, 

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1 ican Institute of Taiwan, the Director thereof) 

2 in his or her discretion, recommends the grant3 ing of special immigrant status to the spouse or 

4 child and the Secretary of State approves such 

5 recommendation and finds that it is in the na6 tional interest to grant such status;’’. 

7 (b) EFFECTIVE DATE.—The amendments made by 

8 subsection (a) take effect beginning on January 31, 2013, 

9 and shall have retroactive effect. 

10 SEC. 2322. REUNIFICATION OF CERTAIN FAMILIES OF FILI11 PINO VETERANS OF WORLD WAR II. 

12 (a) SHORT TITLE.—This section may be cited as the 

13 ‘‘Filipino Veterans Family Reunification Act’’. 

14 (b) EXEMPTION FROM IMMIGRANT VISA LIMIT.— 

15 Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by 

16 sections 2103(c), 2212(d), and 2307(b), is further amend17 ed by adding at the end the following: 

18 ‘‘(O) Aliens who— 

19 ‘‘(i) are the sons or daughters of a citizen 

20 of the United States; and 

21 ‘‘(ii) have a parent (regardless of whether 

22 the parent is living or dead) who was natural23 ized pursuant to— 


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1 ‘‘(I) section 405 of the Immigration 

2 Act of 1990 (Public Law 101–649; 8 

3 U.S.C. 1440 note); or 

4 ‘‘(II) title III of the Act of October 

5 14, 1940 (54 Stat. 1137, chapter 876), as 

6 added by section 1001 of the Second War 

7 Powers Act, 1942 (56 Stat. 182, chapter 

8 199).’’. 

9 Subtitle D—Conrad State 30 and 

10 Physician Access 

11 SEC. 2401. CONRAD STATE 30 PROGRAM. 

12 Section 220(c) of the Immigration and Nationality 

13 Technical Corrections Act of 1994 (Public Law 103–416; 

14 8 U.S.C. 1182 note) is amended by striking ‘‘and before 

15 September 30, 2015’’. 

16 SEC. 2402. RETAINING PHYSICIANS WHO HAVE PRACTICED 

17 IN MEDICALLY UNDERSERVED COMMU18 NITIES. 

19 Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended 

20 by sections 2103(c), 2212(d)(2), 2307(b), and 2323(b) is 

21 further amended by adding at the end the following: 

22 ‘‘(P)(i) Alien physicians who have completed 

23 service requirements of a waiver requested under 

24 section 203(b)(2)(B)(ii), including alien physicians 

25 who completed such service before the date of the 


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1 enactment of the Border Security, Economic Oppor2 tunity, and Immigration Modernization Act and any 

3 spouses or children of such alien physicians. 

4 ‘‘(ii) Nothing in this subparagraph may be con5 strued— 

6 ‘‘(I) to prevent the filing of a petition with 

7 the Secretary of Homeland Security for classi8 fication under section 204(a) or the filing of an 

9 application for adjustment of status under sec10 tion 245 by an alien physician described in this 

11 subparagraph prior to the date by which such 

12 alien physician has completed the service de13 scribed in section 214(l) or worked full-time as 

14 a physician for an aggregate of 5 years at the 

15 location identified in the section 214(l) waiver 

16 or in an area or areas designated by the Sec17 retary of Health and Human Services as having 

18 a shortage of health care professionals; or 

19 ‘‘(II) to permit the Secretary of Homeland 

20 Security to grant such a petition or application 

21 until the alien has satisfied all the requirements 

22 of the waiver received under section 214(l).’’. 


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1 SEC. 2403. EMPLOYMENT PROTECTIONS FOR PHYSICIANS. 

2 (a) IN GENERAL.—Section 214(l)(1)(C) (8 U.S.C. 

3 1184(l)(1)(C)) is amended by striking clauses (i) and (ii) 

4 and inserting the following: 

5 ‘‘(i) the alien demonstrates a bona fide 

6 offer of full-time employment, at a health care 

7 organization, which employment has been deter8 mined by the Secretary of Homeland Security 

9 to be in the public interest; and 

10 ‘‘(ii) the alien agrees to begin employment 

11 with the health facility or health care organiza12 tion in a geographic area or areas which are 

13 designated by the Secretary of Health and 

14 Human Services as having a shortage of health 

15 care professionals by the later of the date that 

16 is 90 days after receiving such waiver, 90 days 

17 after completing graduate medical education or 

18 training under a program approved pursuant to 

19 section 212(j)(1), or 90 days after receiving 

20 nonimmigrant status or employment authoriza21 tion, provided that the alien or the alien’s em22 ployer petitions for such nonimmigrant status 

23 or employment authorization within 90 days of 

24 completing graduate medical education or train25 ing and agrees to continue to work for a total 

26 of not less than 3 years in any status authorVerDate Mar 15 2010 00:25 Oct 04, 2013 Jkt 039200 PO 00000 Frm 00463 Fmt 6652 Sfmt 6201 E:\BILLS\H15.IH H15

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1 ized for such employment under this subsection, 

2 unless— 

3 ‘‘(I) the Secretary determines that ex4 tenuating circumstances exist that justify a 

5 lesser period of employment at such facility 

6 or organization, in which case the alien 

7 shall demonstrate another bona fide offer 

8 of employment at a health facility or 

9 health care organization, for the remainder 

10 of such 3-year period; 

11 ‘‘(II) the interested agency that re12 quested the waiver attests that extenuating 

13 circumstances exist that justify a lesser pe14 riod of employment at such facility or or15 ganization in which case the alien shall 

16 demonstrate another bona fide offer of em17 ployment at a health facility or health care 

18 organization so designated by the Sec19 retary of Health and Human Services, for 

20 the remainder of such 3-year period; or 

21 ‘‘(III) if the alien elects not to pursue 

22 a determination of extenuating cir23 cumstances pursuant to subclause (I) or 

24 (II), the alien terminates the alien’s em25 ployment relationship with such facility or 


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1 organization, in which case the alien shall 

2 be employed for the remainder of such 3- 

3 year period, and 1 additional year for each 

4 termination, at another health facility or 

5 health care organization in a geographic 

6 area or areas which are designated by the 

7 Secretary of Health and Human Services 

8 as having a shortage of health care profes9 sionals; and’’. 

10 (b) PHYSICIAN EMPLOYMENT IN UNDERSERVED

11 AREAS.—Section 214(l)(1) (8 U.S.C. 1184(l)(1)), as 

12 amended by subsection (a), is further amended by adding 

13 at the end the following: 

14 ‘‘(E) If a physician pursuing graduate medical 

15 education or training pursuant to section 

16 101(a)(15)(J) applies for a Conrad J–1 waiver with 

17 an interested State department of health and the ap18 plication is denied because the State has requested 

19 the maximum number of waivers permitted for that 

20 fiscal year, the physician’s nonimmigrant status 

21 shall be automatically extended for 6 months if the 

22 physician agrees to seek a waiver under this sub23 section (except for subparagraph (D)(ii)) to work for 

24 an employer in a State that has not yet requested 

25 the maximum number of waivers. The physician 


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1 shall be authorized to work only for such employer 

2 from the date on which a new waiver application is 

3 filed with the State until the date on which the Sec4 retary of Homeland Security denies such waiver or 

5 issues work authorization for such employment pur6 suant to the approval of such waiver.’’. 

7 (c) GRADUATE MEDICAL EDUCATION OR TRAIN8 ING.—Section 214(h)(1), as amended by section 4401(b) 

9 of this Act, is further amended by inserting ‘‘(J) (if enter10 ing the United States for graduate medical education or 

11 training),’’ after ‘‘(H)(i)(c),’’. 

12 (d) CONTRACT REQUIREMENTS.—Section 214(l) (8 

13 U.S.C. 1184(l)) is amended by adding at the end the fol14 lowing: 

15 ‘‘(4) An alien granted a waiver under paragraph 

16 (1)(C) shall enter into an employment agreement with the 

17 contracting health facility or health care organization 

18 that— 

19 ‘‘(A) specifies the maximum number of on-call 

20 hours per week (which may be a monthly average) 

21 that the alien will be expected to be available and 

22 the compensation the alien will receive for on-call 

23 time; 

24 ‘‘(B) specifies whether the contracting facility 

25 or organization will pay for the alien’s malpractice 


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1 insurance premiums, including whether the employer 

2 will provide malpractice insurance and, if so, the 

3 amount of such insurance that will be provided; 

4 ‘‘(C) describes all of the work locations that the 

5 alien will work and a statement that the contracting 

6 facility or organization will not add additional work 

7 locations without the approval of the Federal agency 

8 or State agency that requested the waiver; and 

9 ‘‘(D) does not include a non-compete provision. 

10 ‘‘(5) An alien granted a waiver under paragraph 

11 (1)(C) whose employment relationship with a health facil12 ity or health care organization terminates during the 3- 

13 year service period required by such paragraph— 

14 ‘‘(A) shall have a period of 120 days beginning 

15 on the date of such termination of employment to 

16 submit to the Secretary of Homeland Security appli17 cations or petitions to commence employment with 

18 another contracting health facility or health care or19 ganization in a geographic area or areas which are 

20 designated by the Secretary of Health and Human 

21 Services as having a shortage of health care profes22 sionals; 

23 ‘‘(B) shall be considered to be maintaining law24 ful status in an authorized stay during the 120-day 

25 period referred to in subsection (A); and 


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1 ‘‘(C) shall not be considered to be fulfilling the 

2 3-year term of service during the 120-day period re3 ferred to in subparagraph (A).’’. 

4 SEC. 2404. ALLOTMENT OF CONRAD 30 WAIVERS. 

5 (a) IN GENERAL.—Section 214(l) (8 U.S.C. 1184(l)), 

6 as amended by section 2403, is further amended by adding 

7 at the end the following: 

8 ‘‘(6)(A)(i) All States shall be allotted a total of 35 

9 waivers under paragraph (1)(B) for a fiscal year if 90 per10 cent of the waivers available to the States receiving at 

11 least 5 waivers were used in the previous fiscal year. 

12 ‘‘(ii) When an allocation has occurred under clause 

13 (i), all States shall be allotted an additional 5 waivers 

14 under paragraph (1)(B) for each subsequent fiscal year 

15 if 90 percent of the waivers available to the States receiv16 ing at least 5 waivers were used in the previous fiscal year. 

17 If the States are allotted 45 or more waivers for a fiscal 

18 year, the States will only receive an additional increase 

19 of 5 waivers the following fiscal year if 95 percent of the 

20 waivers available to the States receiving at least 1 waiver 

21 were used in the previous fiscal year. 

22 ‘‘(B) Any increase in allotments under subparagraph 

23 (A) shall be maintained indefinitely, unless in a fiscal year, 

24 the total number of such waivers granted is 5 percent 

25 lower than in the last year in which there was an increase 


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1 in the number of waivers allotted pursuant to this para2 graph, in which case— 

3 ‘‘(i) the number of waivers allotted shall be de4 creased by 5 for all States beginning in the next fis5 cal year; and 

6 ‘‘(ii) each additional 5 percent decrease in such 

7 waivers granted from the last year in which there 

8 was an increase in the allotment, shall result in an 

9 additional decrease of 5 waivers allotted for all 

10 States, provided that the number of waivers allotted 

11 for all States shall not drop below 30.’’. 

12 (b) ACADEMIC MEDICAL CENTERS.—Section 

13 214(l)(1)(D) (8 U.S.C. 1184(l)(1)(D)) is amended— 

14 (1) in clause (ii), by striking ‘‘and’’ at the end; 

15 (2) in clause (iii), by striking the period at the 

16 end and inserting ‘‘; and’’; and 

17 (3) by adding at the end the following: 

18 ‘‘(iv) in the case of a request by an inter19 ested State agency— 

20 ‘‘(I) the head of such agency deter21 mines that the alien is to practice medicine 

22 in, or be on the faculty of a residency pro23 gram at, an academic medical center (as 

24 that term is defined in section 

25 411.355(e)(2) of title 42, Code of Federal 


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1 Regulations, or similar successor regula2 tion), without regard to whether such facil3 ity is located within an area designated by 

4 the Secretary of Health and Human Serv5 ices as having a shortage of health care 

6 professionals; and 

7 ‘‘(II) the head of such agency deter8 mines that— 

9 ‘‘(aa) the alien physician’s work 

10 is in the public interest; and 

11 ‘‘(bb) the grant of such waiver 

12 would not cause the number of the 

13 waivers granted on behalf of aliens for 

14 such State for a fiscal year (within 

15 the limitation in subparagraph (B) 

16 and subject to paragraph (6)) in ac17 cordance with the conditions of this 

18 clause to exceed 3.’’. 

19 SEC. 2405. AMENDMENTS TO THE PROCEDURES, DEFINI20 TIONS, AND OTHER PROVISIONS RELATED TO 

21 PHYSICIAN IMMIGRATION. 

22 (a) ALLOWABLE VISA STATUS FOR PHYSICIANS FUL23 FILLING WAIVER REQUIREMENTS IN MEDICALLY UNDER24 SERVED AREAS.—Section 214(l)(2)(A) (8 U.S.C. 

25 1184(l)(2)(A)) is amended by striking ‘‘an alien described 


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1 in section 101(a)(15)(H)(i)(b).’’ and inserting ‘‘any status 

2 authorized for employment under this Act.’’. 

3 (b) SHORT TERM WORK AUTHORIZATION FOR PHY4 SICIANS COMPLETING THEIR RESIDENCIES.—A physician 

5 completing graduate medical education or training as de6 scribed in section 212(j) of the Immigration and Nation7 ality Act (8 U.S.C. 1182(j)) as a nonimmigrant described 

8 in section 101(a)(15)(H)(i) of such Act (8 U.S.C. 

9 1101(a)(15)(H)(i)) shall have such nonimmigrant status 

10 automatically extended until October 1 of the fiscal year 

11 for which a petition for a continuation of such non12 immigrant status has been submitted in a timely manner 

13 and where the employment start date for the beneficiary 

14 of such petition is October 1 of that fiscal year. Such phy15 sician shall be authorized to be employed incident to status 

16 during the period between the filing of such petition and 

17 October 1 of such fiscal year. However, the physician’s 

18 status and employment authorization shall terminate 30 

19 days from the date such petition is rejected, denied, or 

20 revoked. A physician’s status and employment authoriza21 tion will automatically extend to October 1 of the next fis22 cal year if all visas as described in such section 

23 101(a)(15)(H)(i) authorized to be issued for the fiscal 

24 year have been issued. 


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1 (c) APPLICABILITY OF SECTION 212(e) TO SPOUSES

2 AND CHILDREN OF J–1 EXCHANGE VISITORS.—A spouse 

3 or child of an exchange visitor described in section 

4 101(a)(15)(J) of the Immigration and Nationality Act (8 

5 U.S.C. 1101(a)(15)(J)) shall not be subject to the require6 ments of section 212(e) of the Immigration and Nation7 ality Act (8 U.S.C. 1182(e)). 

8 Subtitle E—Integration 

9 SEC. 2501. DEFINITIONS. 

10 In this subtitle: 

11 (1) CHIEF.—The term ‘‘Chief’’ means the Chief 

12 of the Office. 

13 (2) FOUNDATION.—The term ‘‘Foundation’’ 

14 means the United States Citizenship Foundation es15 tablished pursuant to section 2531. 

16 (3) IEACA GRANTS.—The term ‘‘IEACA 

17 grants’’ means Initial Entry, Adjustment, and Citi18 zenship Assistance grants authorized under section 

19 2537. 

20 (4) IMMIGRANT INTEGRATION.—The term ‘‘im21 migrant integration’’ means the process by which 

22 immigrants— 

23 (A) join the mainstream of civic life by en24 gaging and sharing ownership in their local 


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1 community, the United States, and the prin2 ciples of the Constitution; 

3 (B) attain financial self-sufficiency and up4 ward economic mobility for themselves and their 

5 family members; and 

6 (C) acquire English language skills and re7 lated cultural knowledge necessary to effectively 

8 participate in their community. 

9 (5) LINGUISTIC INTEGRATION.—The term ‘‘lin10 guistic integration’’ means the acquisition, by limited 

11 English proficient individuals, of English language 

12 skills and related cultural knowledge necessary to 

13 meaningfully and effectively fulfill their roles as 

14 community members, family members, and workers. 

15 (6) OFFICE.—The term ‘‘Office’’ means the Of16 fice of Citizenship and New Americans established in 

17 U.S. Citizenship and Immigration Services under 

18 section 2511. 

19 (7) RECEIVING COMMUNITIES.—The term ‘‘re20 ceiving communities’’ means the long-term residents 

21 of the communities in which immigrants settle. 

22 (8) TASK FORCE.—The term ‘‘Task Force’’ 

23 means the Task Force on New Americans estab24 lished pursuant to section 2521. 


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1 (9) USCF COUNCIL.—The term ‘‘USCF Coun2 cil’’ means the Council of Directors of the Founda3 tion. 

4 CHAPTER 1—CITIZENSHIP AND NEW 

5 AMERICANS 

6 Subchapter A—Office of Citizenship and New 

7 Americans 

8 SEC. 2511. OFFICE OF CITIZENSHIP AND NEW AMERICANS. 

9 (a) RENAMING OFFICE OF CITIZENSHIP.— 

10 (1) IN GENERAL.—Beginning on the date of the 

11 enactment of this Act, the Office of Citizenship in 

12 U.S. Citizenship and Immigration Services shall be 

13 referred to as the ‘‘Office of Citizenship and New 

14 Americans’’. 

15 (2) REFERENCES.—Any reference in a law, reg16 ulation, document, paper, or other record of the 

17 United States to the Office of Citizenship in U.S. 

18 Citizenship and Immigration Services shall be 

19 deemed to be a reference to the Office of Citizenship 

20 and New Americans. 

21 (3) TECHNICAL AND CONFORMING AMEND22 MENTS.—Section 451 of the Homeland Security Act 

23 of 2002 (6 U.S.C. 271) is amended— 

24 (A) in the section heading, by striking 

25 ‘‘BUREAU OF’’ and inserting ‘‘U.S.’’; 


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1 (B) in subsection (a)(1), by striking ‘‘the 

2 ‘Bureau of’’ and inserting ‘‘ ‘U.S.’’; 

3 (C) by striking ‘‘the Bureau of’’ each place 

4 such terms appears and inserting ‘‘U.S.’’; and 

5 (D) in subsection (f)— 

6 (i) by amending the subsection head7 ing to read as follows: ‘‘OFFICE OF CITI8 ZENSHIP AND NEW AMERICANS’’; and 

9 (ii) by striking paragraph (1) and in10 serting the following: 

11 ‘‘(1) CHIEF.—The Office of Citizenship and 

12 New Americans shall be within U.S. Citizenship and 

13 Immigration Services and shall be headed by the 

14 Chief of the Office of Citizenship and New Ameri15 cans.’’. 

16 (b) FUNCTIONS.—Section 451(f) of such Act (6 

17 U.S.C. 271(f)), as amended by subsection (a)(3)(D), is 

18 further amended by striking paragraph (2) and inserting 

19 the following: 

20 ‘‘(2) FUNCTIONS.—The Chief of the Office of 

21 Citizenship and New Americans shall— 

22 ‘‘(A) promote institutions and provide 

23 training on citizenship responsibilities for aliens 

24 interested in becoming naturalized citizens of 


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1 the United States, including the development of 

2 educational materials for such aliens; 

3 ‘‘(B) provide general leadership, consulta4 tion, and coordination of the immigrant integra5 tion programs across the Federal Government 

6 and with State and local entities; 

7 ‘‘(C) in coordination with the Task Force 

8 on New Americans established under section 

9 2521 of the Border Security, Economic Oppor10 tunity, and Immigration Modernization Act— 

11 ‘‘(i) advise the Director of U.S. Citi12 zenship and Immigration Services, the Sec13 retary of Homeland Security, and the Do14 mestic Policy Council, on— 

15 ‘‘(I) the challenges and opportu16 nities relating to the linguistic, eco17 nomic, and civic integration of immi18 grants and their young children and 

19 progress in meeting integration goals 

20 and indicators; and 

21 ‘‘(II) immigrant integration con22 siderations relating to Federal budg23 ets; 

24 ‘‘(ii) establish national goals for intro25 ducing new immigrants into the United 


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1 States and measure the degree to which 

2 such goals are met; 

3 ‘‘(iii) evaluate the scale, quality, and 

4 effectiveness of Federal Government efforts 

5 in immigrant integration and provide ad6 vice on appropriate actions; and 

7 ‘‘(iv) identify the integration implica8 tions of new or proposed immigration poli9 cies and provide recommendations for ad10 dressing such implications; 

11 ‘‘(D) serve as a liaison and intermediary 

12 with State and local governments and other en13 tities to assist in establishing local goals, task 

14 forces, and councils to assist in— 

15 ‘‘(i) introducing immigrants into the 

16 United States; and 

17 ‘‘(ii) promoting citizenship education 

18 and awareness among aliens interested in 

19 becoming naturalized citizens of the United 

20 States; 

21 ‘‘(E) coordinate with other Federal agen22 cies to provide information to State and local 

23 governments on the demand for existing Fed24 eral and State English education programs and 


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1 best practices for immigrants who recently ar2 rived in the United States; 

3 ‘‘(F) assist States in coordinating the ac4 tivities of the grant programs authorized under 

5 sections 2537 and 2538 of the Border Security, 

6 Economic Opportunity, and Immigration Mod7 ernization Act; 

8 ‘‘(G) submit a biennial report to the appro9 priate congressional committees that describes 

10 the activities of the Office of Citizenship and 

11 New Americans; and 

12 ‘‘(H) carry out such other functions and 

13 activities as Secretary may assign.’’. 

14 (c) EFFECTIVE DATE.—The amendments made by 

15 subsections (a) and (b) shall take effect on the date that 

16 is 1 year after the date of the enactment of this Act. 

17 Subchapter B—Task Force on New 

18 Americans 

19 SEC. 2521. ESTABLISHMENT. 

20 (a) IN GENERAL.—The Secretary shall establish a 

21 Task Force on New Americans. 

22 (b) FULLY FUNCTIONAL.—The Task Force shall be 

23 fully functional not later than 18 months after the date 

24 of the enactment of this Act. 


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1 SEC. 2522. PURPOSE. 

2 The purposes of the Task Force are— 

3 (1) to establish a coordinated Federal program 

4 and policy response to immigrant integration issues; 

5 and 

6 (2) to advise and assist the Federal Govern7 ment in identifying and fostering policies to carry 

8 out the policies and goals established under this 

9 chapter. 

10 SEC. 2523. MEMBERSHIP. 

11 (a) IN GENERAL.—The Task Force shall be com12 prised of— 

13 (1) the Secretary, who shall serve as Chair of 

14 the Task Force; 

15 (2) the Secretary of the Treasury; 

16 (3) the Attorney General; 

17 (4) the Secretary of Commerce; 

18 (5) the Secretary of Labor; 

19 (6) the Secretary of Health and Human Serv20 ices; 

21 (7) the Secretary of Housing and Urban Devel22 opment; 

23 (8) the Secretary of Transportation; 

24 (9) the Secretary of Education; 

25 (10) the Director of the Office of Management 

26 and Budget; 


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1 (11) the Administrator of the Small Business 

2 Administration; 

3 (12) the Director of the Domestic Policy Coun4 cil; 

5 (13) the Director of the National Economic 

6 Council; and 

7 (14) the National Security Advisor. 

8 (b) DELEGATION.—A member of the Task Force may 

9 delegate a senior official, at the Assistant Secretary, Dep10 uty Administrator, Deputy Director, or Assistant Attorney 

11 General level, to perform the functions of a Task Force 

12 member described in section 2524. 

13 SEC. 2524. FUNCTIONS. 

14 (a) MEETINGS; FUNCTIONS.—The Task Force 

15 shall— 

16 (1) meet at the call of the Chair; and 

17 (2) perform such functions as the Secretary 

18 may prescribe. 

19 (b) COORDINATED RESPONSE.—The Task Force 

20 shall work with executive branch agencies— 

21 (1) to provide a coordinated Federal response 

22 to issues that impact the lives of new immigrants 

23 and receiving communities, including— 

24 (A) access to youth and adult education 

25 programming; 


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1 (B) workforce training; 

2 (C) health care policy; 

3 (D) access to naturalization; and 

4 (E) community development challenges; 

5 and 

6 (2) to ensure that Federal programs and poli7 cies adequately address such impacts. 

8 (c) LIAISONS.—Members of the Task Force shall 

9 serve as liaisons to their respective agencies to ensure the 

10 quality and timeliness of their agency’s participation in ac11 tivities of the Task Force, including— 

12 (1) creating integration goals and indicators; 

13 (2) implementing the biannual consultation 

14 process with the agency’s State and local counter15 parts; and 

16 (3) reporting on agency data collection, policy, 

17 and program efforts relating to achieving the goals 

18 and indicators referred to in paragraph (1). 

19 (d) RECOMMENDATIONS.—Not later than 18 months 

20 after the end of the period specified in section 2521(b), 

21 the Task Force shall— 

22 (1) provide recommendations to the Domestic 

23 Policy Council and the Secretary on the effects of 

24 pending legislation and executive branch policy pro25 posals; 


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1 (2) suggest changes to Federal programs or 

2 policies to address issues of special importance to 

3 new immigrants and receiving communities; 

4 (3) review and recommend changes to policies 

5 that have a distinct impact on new immigrants and 

6 receiving communities; and 

7 (4) assist in the development of legislative and 

8 policy proposals of special importance to new immi9 grants and receiving communities. 

10 CHAPTER 2—PUBLIC-PRIVATE 

11 PARTNERSHIP 

12 SEC. 2531. ESTABLISHMENT OF UNITED STATES CITIZEN13 SHIP FOUNDATION. 

14 The Secretary, acting through the Director of U.S. 

15 Citizenship and Immigration Services, is authorized to es16 tablish a nonprofit corporation or a not-for-profit, public 

17 benefit, or similar entity, which shall be known as the 

18 ‘‘United States Citizenship Foundation’’. 

19 SEC. 2532. FUNDING. 

20 (a) GIFTS TO FOUNDATION.—In order to carry out 

21 the purposes set forth in section 2533, the Foundation 

22 may— 

23 (1) solicit, accept, and make gifts of money and 

24 other property in accordance with section 501(c)(3) 

25 of the Internal Revenue Code of 1986; 


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1 (2) engage in coordinated work with the De2 partment, including the Office and U.S. Citizenship 

3 and Immigration Services; and 

4 (3) accept, hold, administer, invest, and spend 

5 any gift, devise, or bequest of real or personal prop6 erty made to the Foundation. 

7 (b) GIFTS TO OFFICE OF CITIZENSHIP AND NEW

8 AMERICANS.—The Office may accept gifts from the Foun9 dation to support the functions of the Office. 

10 SEC. 2533. PURPOSES. 

11 The purposes of the Foundation are— 

12 (1) to expand citizenship preparation programs 

13 for lawful permanent residents; 

14 (2) to provide direct assistance for aliens seek15 ing provisional immigrant status, legal permanent 

16 resident status, or naturalization as a United States 

17 citizen; and 

18 (3) to coordinate immigrant integration with 

19 State and local entities. 

20 SEC. 2534. AUTHORIZED ACTIVITIES. 

21 The Foundation shall carry out its purpose by— 

22 (1) making United States citizenship instruc23 tion and naturalization application services acces24 sible to low-income and other underserved lawful 

25 permanent resident populations; 


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1 (2) developing, identifying, and sharing best 

2 practices in United States citizenship preparation; 

3 (3) supporting innovative and creative solutions 

4 to barriers faced by those seeking naturalization; 

5 (4) increasing the use of, and access to, tech6 nology in United States citizenship preparation pro7 grams; 

8 (5) engaging receiving communities in the 

9 United States citizenship and civic integration proc10 ess; 

11 (6) administering the New Citizens Award Pro12 gram to recognize, in each calendar year, not more 

13 than 10 United States citizens who— 

14 (A) have made outstanding contributions 

15 to the United States; and 

16 (B) have been naturalized during the 10- 

17 year period ending on the date of such recogni18 tion; 

19 (7) fostering public education and awareness; 

20 (8) coordinating its immigrant integration ef21 forts with the Office; 

22 (9) awarding grants to eligible public or private 

23 nonprofit organizations under section 2537; and 

24 (10) awarding grants to State and local govern25 ments under section 2538. 


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1 SEC. 2535. COUNCIL OF DIRECTORS. 

2 (a) MEMBERS.—To the extent consistent with section 

3 501(c)(3) of the Internal Revenue Code of 1986, the 

4 Foundation shall have a Council of Directors, which shall 

5 be comprised of— 

6 (1) the Director of U.S. Citizenship and Immi7 gration Services; 

8 (2) the Chief of the Office of Citizenship and 

9 New Americans; and 

10 (3) 10 directors, appointed by the ex-officio di11 rectors designated in paragraphs (1) and (2), from 

12 national community-based organizations that pro13 mote and assist permanent residents with natu14 ralization. 

15 (b) APPOINTMENT OF EXECUTIVE DIRECTOR.—The 

16 USCF Council shall appoint an Executive Director, who 

17 shall oversee the day-to-day operations of the Foundation. 

18 SEC. 2536. POWERS. 

19 The Executive Director is authorized to carry out the 

20 purposes set forth in section 2533 on behalf of the Foun21 dation by— 

22 (1) accepting, holding, administering, investing, 

23 and spending any gift, devise, or bequest of real or 

24 personal property made to the Foundation; 

25 (2) entering into contracts and other financial 

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1 vate organizations, professional societies, and gov2 ernment agencies to carry out the functions of the 

3 Foundation; 

4 (3) entering into such other contracts, leases, 

5 cooperative agreements, and other transactions as 

6 the Executive Director considers appropriate to 

7 carry out the activities of the Foundation; and 

8 (4) charging such fees for professional services 

9 furnished by the Foundation as the Executive Direc10 tor determines reasonable and appropriate. 

11 SEC. 2537. INITIAL ENTRY, ADJUSTMENT, AND CITIZENSHIP 

12 ASSISTANCE GRANT PROGRAM. 

13 (a) AUTHORIZATION.—The Secretary, acting through 

14 the Director of U.S. Citizenship and Immigration Serv15 ices, may award Initial Entry, Adjustment, and Citizen16 ship Assistance grants to eligible public or private, non17 profit organizations. 

18 (b) USE OF GRANT FUNDS.—IEACA grants shall be 

19 used for the design and implementation of programs that 

20 provide direct assistance, within the scope of the author21 ized practice of immigration law— 

22 (1) to aliens who are preparing an initial appli23 cation for registered provisional immigrant status 

24 under section 245B of the Immigration and Nation25 ality Act and to aliens who are preparing an initial 


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1 application for blue card status under section 2211, 

2 including assisting applicants in— 

3 (A) screening to assess prospective appli4 cants’ potential eligibility or lack of eligibility; 

5 (B) completing applications; 

6 (C) gathering proof of identification, em7 ployment, residence, and tax payment; 

8 (D) gathering proof of relationships of eli9 gible family members; 

10 (E) applying for any waivers for which ap11 plicants and qualifying family members may be 

12 eligible; and 

13 (F) any other assistance that the Secretary 

14 or grantee considers useful to aliens who are in15 terested in applying for registered provisional 

16 immigrant status; 

17 (2) to aliens seeking to adjust their status 

18 under section 245, 245B, 245C, or 245F of the Im19 migration and Nationality Act; 

20 (3) to legal permanent residents seeking to be21 come naturalized United States citizens; and 

22 (4) to applicants on— 

23 (A) the rights and responsibilities of 

24 United States citizenship; 


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1 (B) civics-based English as a second lan2 guage; 

3 (C) civics, with a special emphasis on com4 mon values and traditions of Americans, includ5 ing an understanding of the history of the 

6 United States and the principles of the Con7 stitution; and 

8 (D) applying for United States citizenship. 

9 SEC. 2538. PILOT PROGRAM TO PROMOTE IMMIGRANT IN10 TEGRATION AT STATE AND LOCAL LEVELS. 

11 (a) GRANTS AUTHORIZED.—The Chief shall establish 

12 a pilot program through which the Chief may award 

13 grants, on a competitive basis, to States and local govern14 ments or other qualifying entities, in collaboration with 

15 State and local governments— 

16 (1) to establish New Immigrant Councils to 

17 carry out programs to integrate new immigrants; or 

18 (2) to carry out programs to integrate new im19 migrants. 

20 (b) APPLICATION.—A State or local government de21 siring a grant under this section shall submit an applica22 tion to the Chief at such time, in such manner, and con23 taining such information as the Chief may reasonably re24 quire, including— 


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1 (1) a proposal to meet an objective or combina2 tion of objectives set forth in subsection (d)(3); 

3 (2) the number of new immigrants in the appli4 cant’s jurisdiction; and 

5 (3) a description of the challenges in intro6 ducing and integrating new immigrants into the 

7 State or local community. 

8 (c) PRIORITY.—In awarding grants under this sec9 tion, the Chief shall give priority to States and local gov10 ernments or other qualifying entities that— 

11 (1) use matching funds from non-Federal 

12 sources, which may include in-kind contributions; 

13 (2) demonstrate collaboration with public and 

14 private entities to achieve the goals of the com15 prehensive plan developed pursuant to subsection 

16 (d)(3); 

17 (3) are 1 of the 10 States with the highest rate 

18 of foreign-born residents; or 

19 (4) have experienced a large increase in the 

20 population of immigrants during the most recent 10- 

21 year period relative to past migration patterns, 

22 based on data compiled by the Office of Immigration 

23 Statistics or the United States Census Bureau. 

24 (d) AUTHORIZED ACTIVITIES.—A grant awarded 

25 under this subsection may be used— 


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1 (1) to form a New Immigrant Council, which 

2 shall— 

3 (A) consist of between 15 and 19 individ4 uals, inclusive, from the State, local govern5 ment, or qualifying organization; 

6 (B) include, to the extent practicable, rep7 resentatives from— 

8 (i) business; 

9 (ii) faith-based organizations; 

10 (iii) civic organizations; 

11 (iv) philanthropic organizations; 

12 (v) nonprofit organizations, including 

13 those with legal and advocacy experience 

14 working with immigrant communities; 

15 (vi) key education stakeholders, such 

16 as State educational agencies, local edu17 cational agencies, community colleges, and 

18 teachers; 

19 (vii) State adult education offices; 

20 (viii) State or local public libraries; 

21 and 

22 (ix) State or local governments; and 

23 (C) meet not less frequently than once 

24 each quarter; 


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1 (2) to provide subgrants to local communities, 

2 city governments, municipalities, nonprofit organiza3 tions (including veterans’ and patriotic organiza4 tions), or other qualifying entities; 

5 (3) to develop, implement, expand, or enhance 

6 a comprehensive plan to introduce and integrate new 

7 immigrants into the State by— 

8 (A) improving English language skills; 

9 (B) engaging caretakers with limited 

10 English proficiency in their child’s education 

11 through interactive parent and child literacy ac12 tivities; 

13 (C) improving and expanding access to 

14 workforce training programs; 

15 (D) teaching United States history, civics 

16 education, citizenship rights, and responsibil17 ities; 

18 (E) promoting an understanding of the 

19 form of government and history of the United 

20 States and the principles of the Constitution; 

21 (F) improving financial literacy; and 

22 (G) focusing on other key areas of impor23 tance to integration in our society; and 

24 (4) to engage receiving communities in the citi25 zenship and civic integration process by— 


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1 (A) increasing local service capacity; 

2 (B) building meaningful connections be3 tween newer immigrants and long-time resi4 dents; 

5 (C) communicating the contributions of re6 ceiving communities and new immigrants; and 

7 (D) engaging leaders from all sectors of 

8 the community. 

9 (e) REPORTING AND EVALUATION.— 

10 (1) ANNUAL REPORT.—Each grant recipient 

11 shall submit an annual report to the Office that de12 scribes— 

13 (A) the activities undertaken by the grant 

14 recipient, including how such activities meet the 

15 goals of the Office, the Foundation, and the 

16 comprehensive plan described in subsection 

17 (d)(3); 

18 (B) the geographic areas being served; 

19 (C) the number of immigrants in such 

20 areas; and 

21 (D) the primary languages spoken in such 

22 areas. 

23 (2) ANNUAL EVALUATION.—The Chief shall 

24 conduct an annual evaluation of the grant program 

25 established under this section— 


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1 (A) to assess and improve the effectiveness 

2 of such grant program; 

3 (B) to assess the future needs of immi4 grants and of State and local governments re5 lated to immigrants; and 

6 (C) to ensure that grantees recipients and 

7 subgrantees are acting within the scope and 

8 purpose of this subchapter. 

9 SEC. 2539. NATURALIZATION CEREMONIES. 

10 (a) IN GENERAL.—The Chief, in consultation with 

11 the Director of the National Park Service, the Archivist 

12 of the United States, and other appropriate Federal offi13 cials, shall develop and implement a strategy to enhance 

14 the public awareness of naturalization ceremonies. 

15 (b) VENUES.—In developing the strategy under sub16 section (a), the Secretary shall consider the use of out17 standing and historic locations as venues for select natu18 ralization ceremonies. 

19 (c) REPORTING REQUIREMENT.—The Secretary shall 

20 annually submit a report to Congress that contains— 

21 (1) the content of the strategy developed under 

22 subsection (a); and 

23 (2) the progress made towards the implementa24 tion of such strategy. 


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1 CHAPTER 3—FUNDING 

2 SEC. 2541. AUTHORIZATION OF APPROPRIATIONS. 

3 (a) OFFICE OF CITIZENSHIP AND NEW AMERI4 CANS.—In addition to any amounts otherwise made avail5 able to the Office, there are authorized to be appropriated 

6 to carry out the functions described in section 451(f)(2) 

7 of the Homeland Security Act of 2002 (6 U.S.C. 

8 271(f)(2)), as amended by section 2511(b)— 

9 (1) $10,000,000 for the 5-year period ending 

10 on September 30, 2018; and 

11 (2) such sums as may be necessary for fiscal 

12 year 2019 and subsequent fiscal years. 

13 (b) GRANT PROGRAMS.—There are authorized to be 

14 appropriated to implement the grant programs authorized 

15 under sections 2537 and 2538, and to implement the 

16 strategy under section 2539— 

17 (1) $100,000,000 for the 5-year period ending 

18 on September 30, 2018; and 

19 (2) such sums as may be necessary for fiscal 

20 year 2019 and subsequent fiscal years. 


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1 CHAPTER 4—REDUCE BARRIERS TO 

2 NATURALIZATION 

3 SEC. 2551. WAIVER OF ENGLISH REQUIREMENT FOR SEN4 IOR NEW AMERICANS. 

5 Section 312 (8 U.S.C. 1423) is amended by striking 

6 subsection (b) and inserting the following: 

7 ‘‘(b) The requirements under subsection (a) shall not 

8 apply to any person who— 

9 ‘‘(1) is unable to comply with such require10 ments because of physical or mental disability, in11 cluding developmental or intellectual disability; or 

12 ‘‘(2) on the date on which the person’s applica13 tion for naturalization is filed under section 334— 

14 ‘‘(A) is older than 65 years of age; and 

15 ‘‘(B) has been living in the United States 

16 for periods totaling at least 5 years after being 

17 lawfully admitted for permanent residence. 

18 ‘‘(c) The requirement under subsection (a)(1) shall 

19 not apply to any person who, on the date on which the 

20 person’s application for naturalization is filed under sec21 tion 334— 

22 ‘‘(1) is older than 50 years of age and has been 

23 living in the United States for periods totaling at 

24 least 20 years after being lawfully admitted for per25 manent residence; 


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1 ‘‘(2) is older than 55 years of age and has been 

2 living in the United States for periods totaling at 

3 least 15 years after being lawfully admitted for per4 manent residence; or 

5 ‘‘(3) is older than 60 years of age and has been 

6 living in the United States for periods totaling at 

7 least 10 years after being lawfully admitted for per8 manent residence. 

9 ‘‘(d) The Secretary of Homeland Security may waive, 

10 on a case-by-case basis, the requirement under subsection 

11 (a)(2) on behalf of any person who, on the date on which 

12 the person’s application for naturalization is filed under 

13 section 334— 

14 ‘‘(1) is older than 60 years of age; and 

15 ‘‘(2) has been living in the United States for 

16 periods totaling at least 10 years after being lawfully 

17 admitted for permanent residence.’’. 

18 SEC. 2552. FILING OF APPLICATIONS NOT REQUIRING REG19 ULAR INTERNET ACCESS. 

20 (a) ELECTRONIC FILING NOT REQUIRED.— 

21 (1) IN GENERAL.—The Secretary may not re22 quire that an applicant or petitioner for permanent 

23 residence or citizenship of the United States use an 

24 electronic method to file any application, or access to 

25 a customer account. 


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1 (2) SUNSET DATE.—This subsection shall cease 

2 to be effective on October 1, 2020. 

3 (b) NOTIFICATION REQUIREMENT.—Beginning on 

4 October 1, 2020, the Secretary may not require that an 

5 applicant or petitioner for permanent residence or citizen6 ship of the United States use an electronic method to file 

7 any application or access to a customer account unless the 

8 Secretary notifies the Committee on the Judiciary of the 

9 Senate and the Committee on the Judiciary of the House 

10 of Representatives of such requirement not later than 30 

11 days before the effective date of such requirement. 

12 SEC. 2553. PERMISSIBLE USE OF ASSISTED HOUSING BY 

13 BATTERED IMMIGRANTS. 

14 Section 214 of the Housing and Community Develop15 ment Act of 1980 (42 U.S.C. 1436a) is amended— 

16 (1) in subsection (a)— 

17 (A) in paragraph (6), by striking ‘‘; or’’ 

18 and inserting a semicolon; 

19 (B) by redesignating paragraph (7) as 

20 paragraph (8); and 

21 (C) by inserting after paragraph (6) the 

22 following new paragraph: 

23 ‘‘(7) a qualified alien described in section 

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1 portunity Reconciliation Act of 1996 (8 U.S.C. 

2 1641(c)); or’’; and 

3 (2) in subsection (c)— 

4 (A) in paragraph (1)(A), by striking 

5 ‘‘paragraphs (1) through (6)’’ and inserting 

6 ‘‘paragraphs (1) through (7)’’; and 

7 (B) in paragraph (2)(A), by inserting 

8 ‘‘(other than a qualified alien described in sec9 tion 431(c) of the Personal Responsibility and 

10 Work Opportunity Reconciliation Act of 1996 

11 (8 U.S.C. 1641(c)))’’ after ‘‘any alien’’. 

12 SEC. 2554. UNITED STATES CITIZENSHIP FOR INTER13 NATIONALLY ADOPTED INDIVIDUALS. 

14 (a) AUTOMATIC CITIZENSHIP.—Section 104 of the 

15 Child Citizenship Act of 2000 (Public Law 106–395; 8 

16 U.S.C. 1431 note) is amended to read as follows: 

17 ‘‘SEC. 104. APPLICABILITY. 

18 ‘‘The amendments made by this title shall apply to 

19 any individual who satisfies the requirements under sec20 tion 320 or 322 of the Immigration and Nationality Act, 

21 regardless of the date on which such requirements were 

22 satisfied.’’. 

23 (b) MODIFICATION OF PREADOPTION VISITATION

24 REQUIREMENT.—Section 101(b)(1)(F)(i) (8 U.S.C. 

25 1101(b)(1)(F)(i)), as amended by section 2312, is further 


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1 amended by striking ‘‘at least twenty-five years of age, 

2 who personally saw and observed the child prior to or dur3 ing the adoption proceedings;’’ and inserting ‘‘who is at 

4 least 25 years of age, at least 1 of whom personally saw 

5 and observed the child before or during the adoption pro6 ceedings;’’. 

7 (c) AUTOMATIC CITIZENSHIP FOR CHILDREN OF

8 UNITED STATES CITIZENS WHO ARE PHYSICALLY

9 PRESENT IN THE UNITED STATES.— 

10 (1) IN GENERAL.—Section 320(a)(3) (8 U.S.C. 

11 1431(a)(3)) is amended to read as follows: 

12 ‘‘(3) The child is physically present in the 

13 United States in the legal custody of the citizen par14 ent pursuant to a lawful admission.’’. 

15 (2) APPLICABILITY TO INDIVIDUAL’S WHO NO

16 LONGER HAVE LEGAL STATUS.—Notwithstanding 

17 the lack of legal status or physical presence in the 

18 United States, a person shall be deemed to meet the 

19 requirements under section 320 of the Immigration 

20 and Nationality Act, as amended by paragraph (1), 

21 if the person— 

22 (A) was born outside of the United States; 

23 (B) was adopted by a United States citizen 

24 before the person reached 18 years of age; 


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1 (C) was legally admitted to the United 

2 States; and 

3 (D) would have qualified for automatic 

4 United States citizenship if the amendments 

5 made by paragraph (1) had been in effect at 

6 the time of such admission. 

7 (d) RETROACTIVE APPLICATION.—Section 320(b) (8 

8 U.S.C. 1431(b)) is amended by inserting ‘‘, regardless of 

9 the date on which the adoption was finalized’’ before the 

10 period at the end. 

11 (e) APPLICABILITY.—The amendments made by this 

12 section shall apply to any individual adopted by a citizen 

13 of the United States regardless of whether the adoption 

14 occurred prior to, on, or after the date of the enactment 

15 of the Child Citizenship Act of 2000. 

16 TITLE III—INTERIOR 

17 ENFORCEMENT 

18 Subtitle A—Employment 

19 Verification System 

20 SEC. 3101. UNLAWFUL EMPLOYMENT OF UNAUTHORIZED 

21 ALIENS. 

22 (a) IN GENERAL.—Section 274A (8 U.S.C. 1324a) 

23 is amended to read as follows: 


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1 ‘‘SEC. 274A. UNLAWFUL EMPLOYMENT OF ALIENS. 

2 ‘‘(a) MAKING EMPLOYMENT OF UNAUTHORIZED

3 ALIENS UNLAWFUL.— 

4 ‘‘(1) IN GENERAL.—It is unlawful for an em5 ployer— 

6 ‘‘(A) to hire, recruit, or refer for a fee an 

7 alien for employment in the United States 

8 knowing that the alien is an unauthorized alien 

9 with respect to such employment; or 

10 ‘‘(B) to hire, recruit, or refer for a fee for 

11 employment in the United States an individual 

12 without complying with the requirements under 

13 subsections (c) and (d). 

14 ‘‘(2) CONTINUING EMPLOYMENT.— 

15 ‘‘(A) PROHIBITION ON CONTINUED EM16 PLOYMENT OF UNAUTHORIZED ALIENS.—It is 

17 unlawful for an employer, after hiring an alien 

18 for employment, to continue to employ the alien 

19 in the United States knowing that the alien is 

20 (or has become) an unauthorized alien with re21 spect to such employment. 

22 ‘‘(B) PROHIBITION ON CONSIDERATION OF

23 PREVIOUS UNAUTHORIZED STATUS.—Nothing 

24 in this section may be construed to prohibit the 

25 employment of an individual who is authorized 


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1 for employment in the United States if such in2 dividual was previously an unauthorized alien. 

3 ‘‘(3) USE OF LABOR THROUGH CONTRACT.— 

4 For purposes of this section, any employer that uses 

5 a contract, subcontract, or exchange to obtain the 

6 labor of an alien in the United States while knowing 

7 that the alien is an unauthorized alien with respect 

8 to performing such labor shall be considered to have 

9 hired the alien for employment in the United States 

10 in violation of paragraph (1)(A). 

11 ‘‘(4) USE OF STATE EMPLOYMENT AGENCY

12 DOCUMENTATION.—For purposes of paragraphs 

13 (1)(B), (5), and (6), an employer shall be deemed to 

14 have complied with the requirements under sub15 section (c) with respect to the hiring of an individual 

16 who was referred for such employment by a State 

17 employment agency (as defined by the Secretary) if 

18 the employer has and retains (for the period and in 

19 the manner described in subsection (c)(3)) appro20 priate documentation of such referral by such agen21 cy, certifying that such agency has complied with the 

22 procedures described in subsection (c) with respect 

23 to the individual’s referral. An employer that relies 

24 on a State agency’s certification of compliance with 

25 subsection (c) under this paragraph may utilize and 


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1 retain the State agency’s certification of compliance 

2 with the procedures described in subsection (d), if 

3 any, in the manner provided under this paragraph. 

4 ‘‘(5) GOOD FAITH DEFENSE.— 

5 ‘‘(A) DEFENSE.—An employer, person, or 

6 entity that hires, employs, recruits, or refers in7 dividuals for employment in the United States, 

8 or is otherwise obligated to comply with the re9 quirements under this section and establishes 

10 good faith compliance with the requirements 

11 under paragraphs (1) through (4) of subsection 

12 (c) and subsection (d)— 

13 ‘‘(i) has established an affirmative de14 fense that the employer, person, or entity 

15 has not violated paragraph (1)(A) with re16 spect to hiring and employing; and 

17 ‘‘(ii) has established compliance with 

18 its obligations under subparagraph (A) and 

19 (B) of paragraph (1) and subsection (c) 

20 unless the Secretary demonstrates that the 

21 employer had knowledge that an individ22 uals hired, employed, recruited, or referred 

23 by the employer, person, or entity is an un24 authorized alien. 


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1 ‘‘(B) EXCEPTION FOR CERTAIN EMPLOY2 ERS.—An employer who is not required to par3 ticipate in the System or who is participating in 

4 the System on a voluntary basis pursuant to 

5 subsection (d)(2)(J) has established an affirma6 tive defense under subparagraph (A) and need 

7 not demonstrate compliance with the require8 ments under subsection (d). 

9 ‘‘(6) GOOD FAITH COMPLIANCE.— 

10 ‘‘(A) IN GENERAL.—Except as otherwise 

11 provided in this subsection, an employer, per12 son, or entity is considered to have complied 

13 with a requirement under this subsection not14 withstanding a technical or procedural failure 

15 to meet such requirement if there was a good 

16 faith attempt to comply with the requirement. 

17 ‘‘(B) EXCEPTION IF FAILURE TO CORRECT

18 AFTER NOTICE.—Subparagraph (A) shall not 

19 apply if— 

20 ‘‘(i) the failure is not de minimis; 

21 ‘‘(ii) the Secretary of Homeland Secu22 rity has explained to the employer, person, 

23 or entity the basis for the failure and why 

24 it is not de minimis; 


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1 ‘‘(iii) the employer, person, or entity 

2 has been provided a period of not less than 

3 30 days (beginning after the date of the 

4 explanation) to correct the failure; and 

5 ‘‘(iv) the employer, person, or entity 

6 has not corrected the failure voluntarily 

7 within such period. 

8 ‘‘(C) EXCEPTION FOR PATTERN OR PRAC9 TICE VIOLATORS.—Subparagraph (A) shall not 

10 apply to an employer, person, or entity that has 

11 engaged or is engaging in a pattern or practice 

12 of violations of paragraph (1)(A) or (2). 

13 ‘‘(7) PRESUMPTION.—After the date on which 

14 an employer is required to participate in the System 

15 under subsection (d), the employer is presumed to 

16 have acted with knowledge for purposes of para17 graph (1)(A) if the employer hires, employs, re18 cruits, or refers an employee for a fee and fails to 

19 make an inquiry to verify the employment authoriza20 tion status of the employee through the System. 

21 ‘‘(8) CONTINUED APPLICATION OF WORKFORCE

22 AND LABOR PROTECTION REMEDIES DESPITE UNAU23 THORIZED EMPLOYMENT.— 

24 ‘‘(A) IN GENERAL.—Subject only to sub25 paragraph (B), all rights and remedies provided 


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1 under any Federal, State, or local law relating 

2 to workplace rights, including but not limited to 

3 back pay, are available to an employee de4 spite— 

5 ‘‘(i) the employee’s status as an unau6 thorized alien during or after the period of 

7 employment; or 

8 ‘‘(ii) the employer’s or employee’s fail9 ure to comply with the requirements of 

10 this section. 

11 ‘‘(B) REINSTATEMENT.—Reinstatement 

12 shall be available to individuals who— 

13 ‘‘(i) are authorized to work in the 

14 United States at the time such relief is or15 dered or effectuated; or 

16 ‘‘(ii) lost employment-authorized sta17 tus due to the unlawful acts of the em18 ployer under this section. 

19 ‘‘(b) DEFINITIONS.—In this section: 

20 ‘‘(1) COMMISSIONER.—The term ‘Commis21 sioner’ means the Commissioner of Social Security. 

22 ‘‘(2) DEPARTMENT.—Except as otherwise pro23 vided, the term ‘Department’ means the Department 

24 of Homeland Security. 


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1 ‘‘(3) EMPLOYER.—The term ‘employer’ means 

2 any person or entity, including an agency or depart3 ment of a Federal, State, or local government, an 

4 agent, or a System service provider acting on behalf 

5 of an employer, that hires, employs, recruits, or re6 fers for a fee an individual for employment in the 

7 United States that is not casual, sporadic, irregular, 

8 or intermittent (as defined by the Secretary). 

9 ‘‘(4) EMPLOYMENT AUTHORIZED STATUS.—The 

10 term ‘employment authorized status’ means, with re11 spect to an individual, that the individual is author12 ized to be employed in the United States under the 

13 immigration laws of the United States. 

14 ‘‘(5) SECRETARY.—Except as otherwise specifi15 cally provided, the term ‘Secretary’ means the Sec16 retary of Homeland Security. 

17 ‘‘(6) SYSTEM.—The term ‘System’ means the 

18 Employment Verification System established under 

19 subsection (d). 

20 ‘‘(7) UNAUTHORIZED ALIEN.—The term ‘unau21 thorized alien’ means an alien who, with respect to 

22 employment in the United States at a particular 

23 time— 

24 ‘‘(A) is not lawfully admitted for perma25 nent residence; or 


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1 ‘‘(B) is not authorized to be employed 

2 under this Act or by the Secretary. 

3 ‘‘(8) WORKPLACE RIGHTS.—The term ‘work4 place rights’ means rights guaranteed under Fed5 eral, State, or local labor or employment laws, in6 cluding laws concerning wages and hours, benefits 

7 and employment standards, labor relations, work8 place health and safety, work-related injuries, non9 discrimination, and retaliation for exercising rights 

10 under such laws. 

11 ‘‘(c) DOCUMENT VERIFICATION REQUIREMENTS.— 

12 Any employer hiring an individual for employment in the 

13 United States shall comply with the following require14 ments and the requirements under subsection (d) to verify 

15 that the individual has employment authorized status. 

16 ‘‘(1) ATTESTATION AFTER EXAMINATION OF

17 DOCUMENTATION.— 

18 ‘‘(A) IN GENERAL.— 

19 ‘‘(i) EXAMINATION BY EMPLOYER.— 

20 An employer shall attest, under penalty of 

21 perjury on a form prescribed by the Sec22 retary, that the employer has verified the 

23 identity and employment authorization sta24 tus of the individual— 

25 ‘‘(I) by examining— 


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1 ‘‘(aa) a document specified 

2 in subparagraph (C); or 

3 ‘‘(bb) a document specified 

4 in subparagraph (D) and a docu5 ment specified in subparagraph 

6 (E); and 

7 ‘‘(II) by utilizing an identity au8 thentication mechanism described in 

9 clause (iii) or (iv) of subparagraph 

10 (F). 

11 ‘‘(ii) PUBLICATION OF DOCUMENTS.— 

12 The Secretary shall publish a picture of 

13 each document specified in subparagraphs 

14 (C) and (E) on the U.S. Citizenship and 

15 Immigration Services website. 

16 ‘‘(B) REQUIREMENTS.— 

17 ‘‘(i) FORM.—The form referred to in 

18 subparagraph (A)(i)— 

19 ‘‘(I) shall be prescribed by the 

20 Secretary not later than 6 months 

21 after the date of the enactment of the 

22 Border Security, Economic Oppor23 tunity, and Immigration Moderniza24 tion Act; 

25 ‘‘(II) shall be available as— 


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1 ‘‘(aa) a paper form; 

2 ‘‘(bb) a form that may be 

3 completed by an employer via 

4 telephone or video conference; 

5 ‘‘(cc) an electronic form; or 

6 ‘‘(dd) a form that is inte7 grated electronically with the re8 quirements under subsection (d). 

9 ‘‘(ii) ATTESTATION.—Each such form 

10 shall require the employer to sign an attes11 tation with a handwritten, electronic, or 

12 digital pin code signature, according to 

13 standards prescribed by the Secretary. 

14 ‘‘(iii) COMPLIANCE.—An employer has 

15 complied with the requirements under this 

16 paragraph with respect to examination of 

17 the documents included in subclauses (I) 

18 and (II) of subparagraph (A)(i) if— 

19 ‘‘(I) the employer has, in good 

20 faith, followed applicable regulations 

21 and any written procedures or instruc22 tions provided by the Secretary; and 

23 ‘‘(II) a reasonable person would 

24 conclude that the documentation is 


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1 genuine and relates to the individual 

2 presenting such documentation. 

3 ‘‘(C) DOCUMENTS ESTABLISHING IDEN4 TITY AND EMPLOYMENT AUTHORIZED STA5 TUS.—A document is specified in this subpara6 graph if the document is unexpired (unless the 

7 validity of the document is extended by law) 

8 and is 1 of the following: 

9 ‘‘(i) A United States passport or pass10 port card issued to an individual pursuant 

11 to the Secretary of State’s authority under 

12 the Act entitled ‘An Act to regulate the 

13 issue and validity of passports, and for 

14 other purposes’, approved July 3, 1926 (22 

15 U.S.C. 211a). 

16 ‘‘(ii) A document issued to an alien 

17 evidencing that the alien is lawfully admit18 ted for permanent residence or another 

19 document issued to an individual evidenc20 ing the individual’s employment authorized 

21 status, as designated by the Secretary, if 

22 the document— 

23 ‘‘(I) contains a photograph of the 

24 individual, or such other personal 

25 identifying information relating to the 


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1 individual as the Secretary deter2 mines, by regulation, to be sufficient 

3 for the purposes of this subparagraph; 

4 ‘‘(II) is evidence of employment 

5 authorized status; and 

6 ‘‘(III) contains security features 

7 to make the document resistant to 

8 tampering, counterfeiting, and fraudu9 lent use. 

10 ‘‘(iii) An enhanced driver’s license or 

11 identification card issued to a national of 

12 the United States by a State, an outlying 

13 possession of the United States, or a feder14 ally recognized Indian tribe that— 

15 ‘‘(I) meets the requirements 

16 under section 202 of the REAL ID 

17 Act of 2005 (division B of Public Law 

18 109–13; 49 U.S.C. 30301 note); and 

19 ‘‘(II) the Secretary has certified 

20 by notice published in the Federal 

21 Register and through appropriate no22 tice directly to employers registered in 

23 the System 3 months prior to publica24 tion that such enhanced license or 

25 card is suitable for use under this 


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1 subparagraph based upon the accu2 racy and security of the issuance proc3 ess, security features on the docu4 ment, and such other factors as the 

5 Secretary may prescribe. 

6 ‘‘(iv) A passport issued by the appro7 priate authority of a foreign country ac8 companied by a Form I–94 or Form I– 

9 94A (or similar successor record), or other 

10 documentation as designated by the Sec11 retary that specifies the individual’s status 

12 in the United States and the duration of 

13 such status if the proposed employment is 

14 not in conflict with any restriction or limi15 tation specified on such form or docu16 mentation. 

17 ‘‘(v) A passport issued by the Fed18 erated States of Micronesia or the Repub19 lic of the Marshall Islands with evidence of 

20 nonimmigrant admission to the United 

21 States under the Compact of Free Associa22 tion between the United States and the 

23 Federated States of Micronesia or the Re24 public of the Marshall Islands. 


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1 ‘‘(D) DOCUMENTS ESTABLISHING IDEN2 TITY OF INDIVIDUAL.—A document is specified 

3 in this subparagraph if the document is unex4 pired (unless the validity of the document is ex5 tended by law) and is 1 of the following: 

6 ‘‘(i) A driver’s license or identity card 

7 that is not described in subparagraph 

8 (C)(iii) and is issued to an individual by a 

9 State or an outlying possession of the 

10 United States, a federally recognized In11 dian tribe, or an agency (including mili12 tary) of the Federal Government if the 

13 driver’s license or identity card includes, at 

14 a minimum— 

15 ‘‘(I) the individual’s photograph, 

16 name, date of birth, gender, and driv17 er’s license or identification card num18 ber; and 

19 ‘‘(II) security features to make 

20 the license or card resistant to tam21 pering, counterfeiting, and fraudulent 

22 use. 

23 ‘‘(ii) A voter registration card. 

24 ‘‘(iii) A document that complies with 

25 the requirements under section 7209(b)(1) 


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1 of the Intelligence Reform and Terrorism 

2 Prevention Act of 2004 (Public Law 108– 

3 458; 8 U.S.C. 1185 note). 

4 ‘‘(iv) For individuals under 18 years 

5 of age who are unable to present a docu6 ment listed in clause (i) or (ii), documenta7 tion of personal identity of such other type 

8 as the Secretary determines will provide a 

9 reliable means of identification, which may 

10 include an attestation as to the individual’s 

11 identity by a parent or legal guardian 

12 under penalty of perjury. 

13 ‘‘(E) DOCUMENTS EVIDENCING EMPLOY14 MENT AUTHORIZATION.—A document is speci15 fied in this subparagraph if the document is un16 expired (unless the validity of the document is 

17 extended by law) and is 1 of the following: 

18 ‘‘(i) A social security account number 

19 card issued by the Commissioner, other 

20 than a card which specifies on its face that 

21 the card is not valid to evidence employ22 ment authorized status or has other simi23 lar words of limitation. 

24 ‘‘(ii) Any other documentation evi25 dencing employment authorized status that 


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1 the Secretary determines and publishes in 

2 the Federal Register and through appro3 priate notice directly to employers reg4 istered within the System to be acceptable 

5 for purposes of this subparagraph if such 

6 documentation, including any electronic se7 curity measures linked to such documenta8 tion, contains security features to make 

9 such documentation resistant to tam10 pering, counterfeiting, and fraudulent use. 

11 ‘‘(F) IDENTITY AUTHENTICATION MECHA12 NISM.— 

13 ‘‘(i) DEFINITIONS.—In this subpara14 graph: 

15 ‘‘(I) COVERED IDENTITY DOCU16 MENT.—The term ‘covered identity 

17 document’ means a valid— 

18 ‘‘(aa) United States pass19 port, passport card, or a docu20 ment evidencing lawful perma21 nent residence status or employ22 ment authorized status issued to 

23 an alien; 

24 ‘‘(bb) enhanced driver’s li25 cense or identity card issued by a 


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1 participating State or an outlying 

2 possession of the United States; 

3 or 

4 ‘‘(cc) photograph and appro5 priate identifying information 

6 provided by the Secretary of 

7 State pursuant to the granting of 

8 a visa. 

9 ‘‘(II) PARTICIPATING STATE.— 

10 The term ‘participating State’ means 

11 a State that has an agreement with 

12 the Secretary to provide the Sec13 retary, for purposes of identity 

14 verification in the System, with photo15 graphs and appropriate identifying in16 formation maintained by the State. 

17 ‘‘(ii) REQUIREMENT FOR IDENTITY

18 AUTHENTICATION.—In addition to 

19 verifying the documents specified in sub20 paragraph (C), (D), or (E) and utilizing 

21 the System under subsection (d), each em22 ployer shall use an identity authentication 

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1 able to verify the identity of each indi2 vidual the employer seeks to hire. 

3 ‘‘(iii) PHOTO TOOL.— 

4 ‘‘(I) USE REQUIREMENT.—An 

5 employer hiring an individual who has 

6 a covered identity document shall 

7 verify the identity of such individual 

8 using the photo tool described in sub9 clause (II). 

10 ‘‘(II) DEVELOPMENT REQUIRE11 MENT.—The Secretary shall develop 

12 and maintain a photo tool that en13 ables employers to match the photo on 

14 a covered identity document provided 

15 to the employer to a photo maintained 

16 by a U.S. Citizenship and Immigra17 tion Services database. 

18 ‘‘(iv) ADDITIONAL SECURITY MEAS19 URES.— 

20 ‘‘(I) USE REQUIREMENT.—An 

21 employer seeking to hire an individual 

22 whose identity may not be verified 

23 using the photo tool described in 

24 clause (iii) shall verify the identity of 

25 such individual using the additional 


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1 security measures described in sub2 clause (II). 

3 ‘‘(II) DEVELOPMENT REQUIRE4 MENT.—The Secretary shall develop, 

5 after publication in the Federal Reg6 ister and an opportunity for public 

7 comment, specific and effective addi8 tional security measures to adequately 

9 verify the identity of an individual 

10 whose identity may not be verified 

11 using the photo tool described in 

12 clause (iii). Such additional security 

13 measures— 

14 ‘‘(aa) shall be kept up-to15 date with technological advances; 

16 and 

17 ‘‘(bb) shall provide a means 

18 of identity authentication in a 

19 manner that provides a high level 

20 of certainty as to the identity of 

21 such individual, using immigra22 tion and identifying information 

23 that may include review of iden24 tity documents or background 

25 screening verification techniques 


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1 using publicly available informa2 tion. 

3 ‘‘(G) AUTHORITY TO PROHIBIT USE OF

4 CERTAIN DOCUMENTS.—If the Secretary deter5 mines, after publication in the Federal Register 

6 and an opportunity for public comment, that 

7 any document or class of documents specified in 

8 subparagraph (B), (C), or (D) does not reliably 

9 establish identity or that employment author10 ized status is being used fraudulently to an un11 acceptable degree, the Secretary— 

12 ‘‘(i) may prohibit or restrict the use of 

13 such document or class of documents for 

14 purposes of this subsection; and 

15 ‘‘(ii) shall directly notify all employers 

16 registered within the System of the prohi17 bition through appropriate means. 

18 ‘‘(H) AUTHORITY TO ALLOW USE OF CER19 TAIN DOCUMENTS.—If the Secretary has deter20 mined that another document or class of docu21 ments, such as a document issued by a federally 

22 recognized Indian tribe, may be used to reliably 

23 establish identity or employment authorized sta24 tus, the Secretary— 


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1 ‘‘(i) may allow the use of that docu2 ment or class of documents for purposes of 

3 this subsection after publication in the 

4 Federal Register and an opportunity for 

5 public comment; 

6 ‘‘(ii) shall publish a description of any 

7 such document or class of documents on 

8 the U.S. Citizenship and Immigration 

9 Services website; and 

10 ‘‘(iii) shall directly notify all employ11 ers registered within the System of the ad12 dition through appropriate means. 

13 ‘‘(2) INDIVIDUAL ATTESTATION OF EMPLOY14 MENT AUTHORIZATION.—An individual, upon com15 mencing employment with an employer, shall— 

16 ‘‘(A) attest, under penalty of perjury, on 

17 the form prescribed by the Secretary, that the 

18 individual is— 

19 ‘‘(i) a citizen of the United States; 

20 ‘‘(ii) an alien lawfully admitted for 

21 permanent residence; 

22 ‘‘(iii) an alien who has employment 

23 authorized status; or 

24 ‘‘(iv) otherwise authorized by the Sec25 retary to be hired for such employment; 


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1 ‘‘(B) provide such attestation by a hand2 written, electronic, or digital pin code signature; 

3 and 

4 ‘‘(C) provide the individual’s social security 

5 account number to the Secretary, unless the in6 dividual has not yet been issued such a number, 

7 on such form as the Secretary may require. 

8 ‘‘(3) RETENTION OF VERIFICATION RECORD.— 

9 ‘‘(A) IN GENERAL.—After completing a 

10 form for an individual in accordance with para11 graphs (1) and (2), the employer shall retain a 

12 version of such completed form and make such 

13 form available for inspection by the Secretary 

14 or the Office of Special Counsel for Immigra15 tion-Related Unfair Employment Practices of 

16 the Department of Justice during the period be17 ginning on the hiring date of the individual and 

18 ending on the later of— 

19 ‘‘(i) the date that is 3 years after such 

20 hiring date; or 

21 ‘‘(ii) the date that is 1 year after the 

22 date on which the individual’s employment 

23 with the employer is terminated. 

24 ‘‘(B) REQUIREMENT FOR ELECTRONIC RE25 TENTION.—The Secretary— 


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1 ‘‘(i) shall permit an employer to retain 

2 the form described in subparagraph (A) in 

3 electronic form; and 

4 ‘‘(ii) shall permit an employer to re5 tain such form in paper, microfiche, micro6 film, portable document format, or other 

7 media. 

8 ‘‘(4) COPYING OF DOCUMENTATION AND REC9 ORDKEEPING.—The Secretary may promulgate regu10 lations regarding— 

11 ‘‘(A) copying documents and related infor12 mation pertaining to employment verification 

13 presented by an individual under this sub14 section; and 

15 ‘‘(B) retaining such information during a 

16 period not to exceed the required retention pe17 riod set forth in paragraph (3). 

18 ‘‘(5) PENALTIES.—An employer that fails to 

19 comply with any requirement under this subsection 

20 may be penalized under subsection (e)(4)(B). 

21 ‘‘(6) PROTECTION OF CIVIL RIGHTS.— 

22 ‘‘(A) IN GENERAL.—Nothing in this sec23 tion may be construed to diminish any rights 

24 otherwise protected by Federal law. 


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1 ‘‘(B) PROHIBITION ON DISCRIMINATION.— 

2 An employer shall use the procedures for docu3 ment verification set forth in this paragraph for 

4 all employees without regard to race, color, reli5 gion, sex, national origin, or, unless specifically 

6 permitted in this section, to citizenship status. 

7 ‘‘(7) RECEIPTS.—The Secretary may authorize 

8 the use of receipts for replacement documents, and 

9 temporary evidence of employment authorization by 

10 an individual to meet a documentation requirement 

11 under this subsection on a temporary basis not to 

12 exceed 1 year, after which time the individual shall 

13 provide documentation sufficient to satisfy the docu14 mentation requirements under this subsection. 

15 ‘‘(8) NO AUTHORIZATION OF NATIONAL IDENTI16 FICATION CARDS.—Nothing in this section may be 

17 construed to directly or indirectly authorize the 

18 issuance, use, or establishment of a national identi19 fication card. 

20 ‘‘(d) EMPLOYMENT VERIFICATION SYSTEM.— 

21 ‘‘(1) IN GENERAL.— 

22 ‘‘(A) ESTABLISHMENT.—The Secretary, in 

23 consultation with the Commissioner, shall es24 tablish the Employment Verification System. 


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1 ‘‘(B) MONITORING.—The Secretary shall 

2 create the necessary processes to monitor— 

3 ‘‘(i) the functioning of the System, in4 cluding the volume of the workflow, the 

5 speed of processing of queries, the speed 

6 and accuracy of responses; 

7 ‘‘(ii) the misuse of the System, includ8 ing the prevention of fraud or identity 

9 theft; 

10 ‘‘(iii) whether the use of the System 

11 results in wrongful adverse actions or dis12 crimination based upon a prohibited factor 

13 against citizens or nationals of the United 

14 States or individuals who have employment 

15 authorized status; and 

16 ‘‘(iv) the security, integrity, and pri17 vacy of the System. 

18 ‘‘(C) PROCEDURES.—The Secretary— 

19 ‘‘(i) shall create processes to provide 

20 an individual with direct access to the indi21 vidual’s case history in the System, includ22 ing— 

23 ‘‘(I) the identities of all persons 

24 or entities that have queried the indi25 vidual through the System; 


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1 ‘‘(II) the date of each such 

2 query; and 

3 ‘‘(III) the System response for 

4 each such query; and 

5 ‘‘(ii) in consultation with the Commis6 sioner, shall develop— 

7 ‘‘(I) protocols to notify an indi8 vidual, in a timely manner through 

9 the use of electronic correspondence 

10 or mail, that a query for the indi11 vidual has been processed through the 

12 System; or 

13 ‘‘(II) a process for the individual 

14 to submit additional queries to the 

15 System or notify the Secretary of po16 tential identity fraud. 

17 ‘‘(2) PARTICIPATION REQUIREMENTS.— 

18 ‘‘(A) FEDERAL GOVERNMENT.—Except as 

19 provided in subparagraph (B), all agencies and 

20 departments in the executive, legislative, or ju21 dicial branches of the Federal Government shall 

22 participate in the System beginning on the ear23 lier of— 

24 ‘‘(i) the date of the enactment of the 

25 Border Security, Economic Opportunity, 


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1 and Immigration Modernization Act, to the 

2 extent required under section 402(e)(1) of 

3 the Illegal Immigration Reform and Immi4 grant Responsibility Act of 1996 (division 

5 C of Public Law 104–208; 8 U.S.C. 

6 1324a) and as already implemented by 

7 each agency or department; or 

8 ‘‘(ii) the date that is 90 days after the 

9 date of the enactment of the Border Secu10 rity, Economic Opportunity, and Immigra11 tion Modernization Act. 

12 ‘‘(B) FEDERAL CONTRACTORS.—Federal 

13 contractors shall participate in the System as 

14 provided in the final rule relating to employ15 ment eligibility verification published in the 

16 Federal Register on November 14, 2008 (73 

17 Fed. Reg. 67,651), or any similar subsequent 

18 regulation, for which purpose references to E19 Verify in the final rule shall be construed to 

20 apply to the System. 

21 ‘‘(C) CRITICAL INFRASTRUCTURE.— 

22 ‘‘(i) IN GENERAL.—Beginning on the 

23 date that is 1 year after the date on which 

24 regulations are published implementing 

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1 ize or direct any employer, person, or enti2 ty responsible for granting access to, pro3 tecting, securing, operating, administering, 

4 or regulating part of the critical infrastruc5 ture (as defined in section 1016(e) of the 

6 Critical Infrastructure Protection Act of 

7 2001 (42 U.S.C. 5195c(e))) to participate 

8 in the System to the extent the Secretary 

9 determines that such participation will as10 sist in the protection of the critical infra11 structure. 

12 ‘‘(ii) NOTIFICATION TO EMPLOY13 ERS.—The Secretary shall notify an em14 ployer required to participate in the Sys15 tem under this subparagraph not later 

16 than 90 days before the date on which the 

17 employer is required to participate. 

18 ‘‘(D) EMPLOYERS WITH MORE THAN 5,000

19 EMPLOYEES.—Not later than 2 years after reg20 ulations are published implementing this sub21 section, all employers with more than 5,000 em22 ployees shall participate in the System with re23 spect to all newly hired employees and employ24 ees with expiring temporary employment au25 thorization documents. 


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1 ‘‘(E) EMPLOYERS WITH MORE THAN 500

2 EMPLOYEES.—Not later than 3 years after reg3 ulations are published implementing this sub4 section, all employers with more than 500 em5 ployees shall participate in the System with re6 spect to all newly hired employees and employ7 ees with expiring temporary employment au8 thorization documents. 

9 ‘‘(F) AGRICULTURAL EMPLOYMENT.—Not 

10 later than 4 years after regulations are pub11 lished implementing this subsection, employers 

12 of employees performing agricultural employ13 ment (as defined in section 218A of this Act 

14 and section 2202 of the Border Security, Eco15 nomic Opportunity, and Immigration Mod16 ernization Act) shall participate in the System 

17 with respect to all newly hired employees and 

18 employees with expiring temporary employment 

19 authorization documents. An agricultural em20 ployee shall not be counted for purposes of sub21 paragraph (D) or (E). 

22 ‘‘(G) ALL EMPLOYERS.—Except as pro23 vided in subparagraph (H), not later than 4 

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1 ticipate in the System with respect to all newly 

2 hired employees and employees with expiring 

3 temporary employment authorization docu4 ments. 

5 ‘‘(H) TRIBAL GOVERNMENT EMPLOY6 ERS.— 

7 ‘‘(i) RULEMAKING.—In developing 

8 regulations to implement this subsection, 

9 the Secretary shall— 

10 ‘‘(I) consider the effects of this 

11 section on federally recognized Indian 

12 tribes and tribal members; and 

13 ‘‘(II) consult with the govern14 ments of federally recognized Indian 

15 tribes. 

16 ‘‘(ii) REQUIRED PARTICIPATION.—Not 

17 later than 5 years after regulations are 

18 published implementing this subsection, all 

19 employers owned by, or entities of, the gov20 ernment of a federally recognized Indian 

21 tribe shall participate in the System with 

22 respect to all newly hired employees and 

23 employees with expiring temporary employ24 ment authorization documents. 

25 ‘‘(I) IMMIGRATION LAW VIOLATORS.— 


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1 ‘‘(i) ORDERS FINDING VIOLATIONS.— 

2 An order finding any employer to have vio3 lated this section or section 274C may, in 

4 the Secretary’s discretion, require the em5 ployer to participate in the System with re6 spect to newly hired employees and em7 ployees with expiring temporary employ8 ment authorization documents, if such em9 ployer is not otherwise required to partici10 pate in the System under this section. The 

11 Secretary shall monitor such employer’s 

12 compliance with System procedures. 

13 ‘‘(ii) PATTERN OR PRACTICE OF VIO14 LATIONS.—The Secretary may require an 

15 employer that is required to participate in 

16 the System with respect to newly hired em17 ployees to participate in the System with 

18 respect to the employer’s current employ19 ees if the employer is determined by the 

20 Secretary or other appropriate authority to 

21 have engaged in a pattern or practice of 

22 violations of the immigration laws of the 

23 United States. 

24 ‘‘(J) VOLUNTARY PARTICIPATION.—The 

25 Secretary may permit any employer that is not 


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1 required to participate in the System under this 

2 section to do so on a voluntary basis. 

3 ‘‘(3) CONSEQUENCE OF FAILURE TO PARTICI4 PATE.— 

5 ‘‘(A) IN GENERAL.—Except as provided in 

6 subparagraph (B), the failure, other than a de 

7 minimis or inadvertent failure, of an employer 

8 that is required to participate in the System to 

9 comply with the requirements of the System 

10 with respect to an individual— 

11 ‘‘(i) shall be treated as a violation of 

12 subsection (a)(1)(B) with respect to that 

13 individual; and 

14 ‘‘(ii) creates a rebuttable presumption 

15 that the employer has violated paragraph 

16 (1)(A) or (2) of subsection (a). 

17 ‘‘(B) EXCEPTION.— 

18 ‘‘(i) IN GENERAL.—Subparagraph (A) 

19 shall not apply in a criminal prosecution. 

20 ‘‘(ii) USE AS EVIDENCE.—Nothing in 

21 this paragraph may be construed to limit 

22 the use in the prosecution of a Federal 

23 crime, in a manner otherwise consistent 

24 with Federal criminal law and procedure, 

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1 ure to comply with requirements of the 

2 System. 

3 ‘‘(4) PROCEDURES FOR PARTICIPANTS IN THE

4 SYSTEM.— 

5 ‘‘(A) IN GENERAL.—An employer partici6 pating in the System shall register such partici7 pation with the Secretary and, when hiring any 

8 individual for employment in the United States, 

9 shall comply with the following: 

10 ‘‘(i) REGISTRATION OF EMPLOYERS.— 

11 The Secretary, through notice in the Fed12 eral Register, shall prescribe procedures 

13 that employers shall be required to follow 

14 to register with the System. 

15 ‘‘(ii) UPDATING INFORMATION.—The 

16 employer is responsible for providing notice 

17 of any change to the information required 

18 under subclauses (I), (II), and (III) of 

19 clause (v) before conducting any further 

20 inquiries within the System, or on such 

21 other schedule as the Secretary may pre22 scribe. 

23 ‘‘(iii) TRAINING.—The Secretary shall 

24 require employers to undergo such training 

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1 essary to ensure proper use, protection of 

2 civil rights and civil liberties, privacy, in3 tegrity, and security of the System. To the 

4 extent practicable, such training shall be 

5 made available electronically on the U.S. 

6 Citizenship and Immigration Services 

7 website. 

8 ‘‘(iv) NOTIFICATION TO EMPLOY9 EES.—The employer shall inform individ10 uals hired for employment that the Sys11 tem— 

12 ‘‘(I) will be used by the employer; 

13 ‘‘(II) may be used for immigra14 tion enforcement purposes; and 

15 ‘‘(III) may not be used to dis16 criminate or to take adverse action 

17 against a national of the United 

18 States or an alien who has employ19 ment authorized status. 

20 ‘‘(v) PROVISION OF ADDITIONAL IN21 FORMATION.—The employer shall obtain 

22 from the individual (and the individual 

23 shall provide) and shall record in such 

24 manner as the Secretary may specify— 


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1 ‘‘(I) the individual’s social secu2 rity account number; 

3 ‘‘(II) if the individual does not 

4 attest to United States citizenship or 

5 status as a national of the United 

6 States under subsection (c)(2), such 

7 identification or authorization number 

8 established by the Department as the 

9 Secretary shall specify; and 

10 ‘‘(III) such other information as 

11 the Secretary may require to deter12 mine the identity and employment au13 thorization of an individual. 

14 ‘‘(vi) PRESENTATION OF DOCUMENTA15 TION.—The employer, and the individual 

16 whose identity and employment authorized 

17 status are being confirmed, shall fulfill the 

18 requirements under subsection (c). 

19 ‘‘(B) SEEKING CONFIRMATION.— 

20 ‘‘(i) IN GENERAL.—An employer shall 

21 use the System to confirm the identity and 

22 employment authorized status of any indi23 vidual during— 

24 ‘‘(I) the period beginning on the 

25 date on which the individual accepts 


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1 an offer of employment and ending 3 

2 business days after the date on which 

3 employment begins; or 

4 ‘‘(II) such other reasonable pe5 riod as the Secretary may prescribe. 

6 ‘‘(ii) LIMITATION.—An employer may 

7 not make the starting date of an individ8 ual’s employment or training or any other 

9 term and condition of employment depend10 ent on the receipt of a confirmation of 

11 identity and employment authorized status 

12 by the System. 

13 ‘‘(iii) REVERIFICATION.—If an indi14 vidual has a limited period of employment 

15 authorized status, the individual’s em16 ployer shall reverify such status through 

17 the System not later than 3 business days 

18 after the last day of such period. 

19 ‘‘(iv) OTHER EMPLOYMENT.—For em20 ployers directed by the Secretary to par21 ticipate in the System under paragraph 

22 (2)(C)(i) to protect critical infrastructure 

23 or otherwise specified circumstances in this 

24 section to verify their entire workforce, the 

25 System may be used for initial verification 


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1 of an individual who was hired before the 

2 employer became subject to the System, 

3 and the employer shall initiate all required 

4 procedures on or before such date as the 

5 Secretary shall specify. 

6 ‘‘(v) NOTIFICATION.— 

7 ‘‘(I) IN GENERAL.—The Sec8 retary shall provide, and the employer 

9 shall utilize, as part of the System, a 

10 method of notifying employers of a 

11 confirmation or nonconfirmation of an 

12 individual’s identity and employment 

13 authorized status, or a notice that 

14 further action is required to verify 

15 such identity or employment eligibility 

16 (referred to in this subsection as a 

17 ‘further action notice’). 

18 ‘‘(II) PROCEDURES.—The Sec19 retary shall— 

20 ‘‘(aa) directly notify the in21 dividual and the employer, by 

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1 nication, of a nonconfirmation or 

2 further action notice; 

3 ‘‘(bb) provide information 

4 about filing an administrative ap5 peal under paragraph (6) and a 

6 filing for review before an admin7 istrative law judge under para8 graph (7); and 

9 ‘‘(cc) establish procedures to 

10 directly notify the individual and 

11 the employer of a confirmation. 

12 ‘‘(III) IMPLEMENTATION.—The 

13 Secretary may provide for a phased-in 

14 implementation of the notification re15 quirements under this clause, as ap16 propriate. The notification system 

17 shall cover all inquiries not later than 

18 1 year from the date of the enactment 

19 of the Border Security, Economic Op20 portunity, and Immigration Mod21 ernization Act. 

22 ‘‘(C) CONFIRMATION OR NONCONFIRMA23 TION.— 

24 ‘‘(i) INITIAL RESPONSE.— 


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1 ‘‘(I) IN GENERAL.—Except as 

2 provided in subclause (II), the System 

3 shall provide— 

4 ‘‘(aa) a confirmation of an 

5 individual’s identity and employ6 ment authorized status or a fur7 ther action notice at the time of 

8 the inquiry; and 

9 ‘‘(bb) an appropriate code 

10 indicating such confirmation or 

11 such further action notice. 

12 ‘‘(II) ALTERNATIVE DEAD13 LINE.—If the System is unable to 

14 provide immediate confirmation or 

15 further action notice for technological 

16 reasons or due to unforeseen cir17 cumstances, the System shall provide 

18 a confirmation or further action notice 

19 not later than 3 business days after 

20 the initial inquiry. 

21 ‘‘(ii) CONFIRMATION UPON INITIAL

22 INQUIRY.—If the employer receives an ap23 propriate confirmation of an individual’s 

24 identity and employment authorized status 

25 under the System, the employer shall 


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1 record the confirmation in such manner as 

2 the Secretary may specify. 

3 ‘‘(iii) FURTHER ACTION NOTICE AND

4 LATER CONFIRMATION OR NONCONFIRMA5 TION.— 

6 ‘‘(I) NOTIFICATION AND AC7 KNOWLEDGMENT THAT FURTHER AC8 TION IS REQUIRED.—Not later than 3 

9 business days after an employer re10 ceives a further action notice of an in11 dividual’s identity or employment eli12 gibility under the System, or during 

13 such other reasonable time as the Sec14 retary may prescribe, the employer 

15 shall notify the individual for whom 

16 the confirmation is sought of the fur17 ther action notice and any procedures 

18 specified by the Secretary for address19 ing such notice. The further action 

20 notice shall be given to the individual 

21 in writing and the employer shall ac22 knowledge in the System under pen23 alty of perjury that it provided the 

24 employee with the further action no25 tice. The individual shall affirmatively 


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1 acknowledge in writing, or in such 

2 other manner as the Secretary may 

3 specify, the receipt of the further ac4 tion notice from the employer. If the 

5 individual refuses to acknowledge the 

6 receipt of the further action notice, or 

7 acknowledges in writing that the indi8 vidual will not contest the further ac9 tion notice under subclause (II), the 

10 employer shall notify the Secretary in 

11 such manner as the Secretary may 

12 specify. 

13 ‘‘(II) CONTEST.—Not later than 

14 10 business days after receiving noti15 fication of a further action notice 

16 under subclause (I), the individual 

17 shall contact the appropriate Federal 

18 agency and, if the Secretary so re19 quires, appear in person for purposes 

20 of verifying the individual’s identity 

21 and employment eligibility. The Sec22 retary, in consultation with the Com23 missioner and other appropriate Fed24 eral agencies, shall specify an avail25 able secondary verification procedure 


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1 to confirm the validity of information 

2 provided and to provide a confirma3 tion or nonconfirmation. Any proce4 dures for reexamination shall not limit 

5 in any way an employee’s right to ap6 peal a nonconfirmation. 

7 ‘‘(III) NO CONTEST.—If the indi8 vidual refuses to acknowledge receipt 

9 of the further action notice, acknowl10 edges that the individual will not con11 test the further action notice as pro12 vided in subclause (I), or does not 

13 contact the appropriate Federal agen14 cy within the period specified in sub15 clause (II), following expiration of the 

16 period specified in subclause (II), a 

17 nonconfirmation shall be issued. The 

18 employer shall record the noncon19 firmation in such manner as the Sec20 retary may specify and terminate the 

21 individual’s employment. An individ22 ual’s failure to contest a further ac23 tion notice shall not be considered an 

24 admission of guilt with respect to any 


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1 violation of this section or any provi2 sion of law. 

3 ‘‘(IV) CONFIRMATION OR NON4 CONFIRMATION.—Unless the period is 

5 extended in accordance with this sub6 clause, the System shall provide a 

7 confirmation or nonconfirmation not 

8 later than 10 business days after the 

9 date on which the individual contests 

10 the further action notice under sub11 clause (II). If the Secretary deter12 mines that good cause exists, after 

13 taking into account adverse impacts 

14 to the employer, and including time to 

15 permit the individual to obtain and 

16 provide needed evidence of identity or 

17 employment eligibility, the Secretary 

18 shall extend the period for providing 

19 confirmation or nonconfirmation for 

20 stated periods beyond 10 business 

21 days. When confirmation or noncon22 firmation is provided, the confirma23 tion system shall provide an appro24 priate code indicating such confirma25 tion or nonconfirmation. 


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1 ‘‘(V) REEXAMINATION.—Nothing 

2 in this section shall prevent the Sec3 retary from establishing procedures to 

4 reexamine a case where a confirma5 tion or nonconfirmation has been pro6 vided if subsequently received infor7 mation indicates that the confirmation 

8 or nonconfirmation may not have been 

9 correct. Any procedures for reexam10 ination shall not limit in any way an 

11 employee’s right to appeal a noncon12 firmation. 

13 ‘‘(VI) EMPLOYEE PROTEC14 TIONS.—An employer may not termi15 nate employment or take any other 

16 adverse action against an individual 

17 solely because of a failure of the indi18 vidual to have identity and employ19 ment eligibility confirmed under this 

20 subsection until— 

21 ‘‘(aa) a nonconfirmation has 

22 been issued; 

23 ‘‘(bb) if the further action 

24 notice was contested, the period 

25 to timely file an administrative 


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1 appeal has expired without an 

2 appeal or the contestation to the 

3 further action notice is with4 drawn; or 

5 ‘‘(cc) if an appeal before an 

6 administrative law judge under 

7 paragraph (7) has been filed, the 

8 nonconfirmation has been upheld 

9 or the appeal has been withdrawn 

10 or dismissed. 

11 ‘‘(iv) NOTICE OF NONCONFIRMA12 TION.—Not later than 3 business days 

13 after an employer receives a nonconfirma14 tion, or during such other reasonable time 

15 as the Secretary may provide, the employer 

16 shall notify the individual who is the sub17 ject of the nonconfirmation, and provide 

18 information about filing an administrative 

19 appeal pursuant to paragraph (6) and a 

20 request for a hearing before an administra21 tive law judge pursuant to paragraph (7). 

22 The nonconfirmation notice shall be given 

23 to the individual in writing and the em24 ployer shall acknowledge in the System 

25 under penalty of perjury that it provided 


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1 the notice (or adequately attempted to pro2 vide notice, but was unable to do so despite 

3 reasonable efforts). The individual shall af4 firmatively acknowledge in writing, or in 

5 such other manner as the Secretary may 

6 prescribe, the receipt of the nonconfirma7 tion notice from the employer. If the indi8 vidual refuses or fails to acknowledge the 

9 receipt of the nonconfirmation notice, the 

10 employer shall notify the Secretary in such 

11 manner as the Secretary may prescribe. 

12 ‘‘(D) CONSEQUENCES OF NONCONFIRMA13 TION.— 

14 ‘‘(i) TERMINATION OF CONTINUED

15 EMPLOYMENT.—Except as provided in 

16 clause (iii), an employer that has received 

17 a nonconfirmation regarding an individual 

18 and has made reasonable efforts to notify 

19 the individual in accordance with subpara20 graph (C)(iv) shall terminate the employ21 ment of the individual upon the expiration 

22 of the time period specified in paragraph 

23 (7). 

24 ‘‘(ii) CONTINUED EMPLOYMENT

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1 ployer continues to employ an individual 

2 after receiving nonconfirmation and ex3 haustion of all appeals or expiration of all 

4 rights to appeal if not appealed, in viola5 tion of clause (i), a rebuttable presumption 

6 is created that the employer has violated 

7 paragraphs (1)(A) and (2) of subsection 

8 (a). Such presumption shall not apply in 

9 any prosecution under subsection (k)(1). 

10 ‘‘(iii) EFFECT OF ADMINISTRATIVE

11 APPEAL OR REVIEW BY ADMINISTRATIVE

12 LAW JUDGE.—If an individual files an ad13 ministrative appeal of the nonconfirmation 

14 within the time period specified in para15 graph (6)(A), or files for review with an 

16 administrative law judge specified in para17 graph (7)(A), the employer shall not termi18 nate the individual’s employment under 

19 this subparagraph prior to the resolution 

20 of the administrative appeal unless the 

21 Secretary or Commissioner terminates the 

22 stay under paragraph (6)(B) or (7)(B). 

23 ‘‘(iv) WEEKLY REPORT.—The Direc24 tor of U.S. Citizenship and Immigration 

25 Services shall submit a weekly report to 


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1 the Assistant Secretary for Immigration 

2 and Customs Enforcement that includes, 

3 for each individual who receives final non4 confirmation through the System— 

5 ‘‘(I) the name of such individual; 

6 ‘‘(II) his or her social security 

7 number or alien file number; 

8 ‘‘(III) the name and contact in9 formation for his or her current em10 ployer; and 

11 ‘‘(IV) any other critical informa12 tion that the Assistant Secretary de13 termines to be appropriate. 

14 ‘‘(E) OBLIGATION TO RESPOND TO QUE15 RIES AND ADDITIONAL INFORMATION.— 

16 ‘‘(i) IN GENERAL.—Employers shall 

17 comply with requests for information from 

18 the Secretary and the Special Counsel for 

19 Immigration-Related Unfair Employment 

20 Practices of the Department of Justice, in21 cluding queries concerning current and 

22 former employees, within the time frame 

23 during which records are required to be 

24 maintained under this section regarding 

25 such former employees, if such information 


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1 relates to the functioning of the System, 

2 the accuracy of the responses provided by 

3 the System, or any suspected misuse, dis4 crimination, fraud, or identity theft in the 

5 use of the System. Failure to comply with 

6 a request under this clause constitutes a 

7 violation of subsection (a)(1)(B). 

8 ‘‘(ii) ACTION BY INDIVIDUALS.— 

9 ‘‘(I) IN GENERAL.—Individuals 

10 being verified through the System 

11 may be required to take further action 

12 to address questions identified by the 

13 Secretary or the Commissioner re14 garding the documents relied upon for 

15 purposes of subsection (c). 

16 ‘‘(II) NOTIFICATION.—Not later 

17 than 3 business days after the receipt 

18 of such questions regarding an indi19 vidual, or during such other reason20 able time as the Secretary may pre21 scribe, the employer shall— 

22 ‘‘(aa) notify the individual of 

23 any such requirement for further 

24 actions; and 


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1 ‘‘(bb) record the date and 

2 manner of such notification. 

3 ‘‘(III) ACKNOWLEDGMENT.—The 

4 individual shall acknowledge the noti5 fication received from the employer 

6 under subclause (II) in writing, or in 

7 such other manner as the Secretary 

8 may prescribe. 

9 ‘‘(iii) RULEMAKING.— 

10 ‘‘(I) IN GENERAL.—The Sec11 retary, in consultation with the Com12 missioner and the Attorney General, 

13 is authorized to issue regulations im14 plementing, clarifying, and 

15 supplementing the requirements under 

16 this subparagraph— 

17 ‘‘(aa) to facilitate the func18 tioning, accuracy, and fairness of 

19 the System; 

20 ‘‘(bb) to prevent misuse, dis21 crimination, fraud, or identity 

22 theft in the use of the System; or 

23 ‘‘(cc) to protect and main24 tain the confidentiality of infor25 mation that could be used to loVerDate Mar 15 2010 00:25 Oct 04, 2013 Jkt 039200 PO 00000 Frm 00550 Fmt 6652 Sfmt 6201 E:\BILLS\H15.IH H15

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1 cate or otherwise place at risk of 

2 harm victims of domestic vio3 lence, dating violence, sexual as4 sault, stalking, and human traf5 ficking, and of the applicant or 

6 beneficiary of any petition de7 scribed in section 384(a)(2) of 

8 the Illegal Immigration Reform 

9 and Immigrant Responsibility 

10 Act of 1996 (8 U.S.C. 

11 1367(a)(2)). 

12 ‘‘(II) NOTICE.—The regulations 

13 issued under subclause (I) shall be— 

14 ‘‘(aa) published in the Fed15 eral Register; and 

16 ‘‘(bb) provided directly to all 

17 employers registered in the Sys18 tem. 

19 ‘‘(F) DESIGNATED AGENTS.—The Sec20 retary shall establish a process— 

21 ‘‘(i) for certifying, on an annual basis 

22 or at such times as the Secretary may pre23 scribe, designated agents and other System 

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1 half of employers, based upon training, 

2 usage, privacy, and security standards pre3 scribed by the Secretary; 

4 ‘‘(ii) for ensuring that designated 

5 agents and other System service providers 

6 are subject to monitoring to the same ex7 tent as direct access users; and 

8 ‘‘(iii) for establishing standards for 

9 certification of electronic I–9 programs. 

10 ‘‘(G) REQUIREMENT TO PROVIDE INFOR11 MATION.— 

12 ‘‘(i) IN GENERAL.—No later than 3 

13 months after the date of the enactment of 

14 the Border Security, Economic Oppor15 tunity, and Immigration Modernization 

16 Act, the Secretary, in consultation with the 

17 Secretary of Labor, the Secretary of Agri18 culture, the Commissioner, the Attorney 

19 General, the Equal Employment Oppor20 tunity Commission, and the Administrator 

21 of the Small Business Administration, 

22 shall commence a campaign to disseminate 

23 information respecting the procedures, 

24 rights, and remedies prescribed under this 

25 section. 


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1 ‘‘(ii) CAMPAIGN REQUIREMENTS.— 

2 The campaign authorized under clause 

3 (i)— 

4 ‘‘(I) shall be aimed at increasing 

5 the knowledge of employers, employ6 ees, and the general public concerning 

7 employer and employee rights, respon8 sibilities, and remedies under this sec9 tion; and 

10 ‘‘(II) shall be coordinated with 

11 the public education campaign con12 ducted by U.S. Citizenship and Immi13 gration Services. 

14 ‘‘(iii) ASSESSMENT.—The Secretary 

15 shall assess the success of the campaign in 

16 achieving the goals of the campaign. 

17 ‘‘(iv) AUTHORITY TO CONTRACT.—In 

18 order to carry out and assess the campaign 

19 under this subparagraph, the Secretary 

20 may, to the extent deemed appropriate and 

21 subject to the availability of appropria22 tions, contract with public and private or23 ganizations for outreach and assessment 

24 activities under the campaign. 


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1 ‘‘(v) AUTHORIZATION OF APPROPRIA2 TIONS.—There are authorized to be appro3 priated to carry out this paragraph 

4 $40,000,000 for each of the fiscal years 

5 2014 through 2016. 

6 ‘‘(H) AUTHORITY TO MODIFY INFORMA7 TION REQUIREMENTS.—Based on a regular re8 view of the System and the document 

9 verification procedures to identify misuse or 

10 fraudulent use and to assess the security of the 

11 documents and processes used to establish iden12 tity or employment authorized status, the Sec13 retary, in consultation with the Commissioner, 

14 after publication of notice in the Federal Reg15 ister and an opportunity for public comment, 

16 may modify, if the Secretary determines that 

17 the modification is necessary to ensure that the 

18 System accurately and reliably determines the 

19 identity and employment authorized status of 

20 employees and maintain existing protections 

21 against misuse, discrimination, fraud, and iden22 tity theft— 

23 ‘‘(i) the information that shall be pre24 sented to the employer by an individual; 


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1 ‘‘(ii) the information that shall be pro2 vided to the System by the employer; and 

3 ‘‘(iii) the procedures that shall be fol4 lowed by employers with respect to the 

5 process of verifying an individual through 

6 the System. 

7 ‘‘(I) SELF-VERIFICATION.—Subject to ap8 propriate safeguards to prevent misuse of the 

9 system, the Secretary, in consultation with the 

10 Commissioner, shall establish a secure self11 verification procedure to permit an individual 

12 who seeks to verify the individual’s own employ13 ment eligibility to contact the appropriate agen14 cy and, in a timely manner, correct or update 

15 the information contained in the System. 

16 ‘‘(5) PROTECTION FROM LIABILITY FOR AC17 TIONS TAKEN ON THE BASIS OF INFORMATION PRO18 VIDED BY THE SYSTEM.—An employer shall not be 

19 liable to a job applicant, an employee, the Federal 

20 Government, or a State or local government, under 

21 Federal, State, or local criminal or civil law for any 

22 employment-related action taken with respect to a 

23 job applicant or employee in good faith reliance on 

24 information provided by the System. 

25 ‘‘(6) ADMINISTRATIVE APPEAL.— 


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1 ‘‘(A) IN GENERAL.—An individual who is 

2 notified of a nonconfirmation may, not later 

3 than 10 business days after the date that such 

4 notice is received, file an administrative appeal 

5 of such nonconfirmation with the Commissioner 

6 if the notice is based on records maintained by 

7 the Commissioner, or in any other case, with 

8 the Secretary. An individual who did not timely 

9 contest a further action notice timely received 

10 by that individual for which the individual ac11 knowledged receipt may not be granted a review 

12 under this paragraph. 

13 ‘‘(B) ADMINISTRATIVE STAY OF NONCON14 FIRMATION.—The nonconfirmation shall be 

15 automatically stayed upon the timely filing of 

16 an administrative appeal, unless the noncon17 firmation resulted after the individual acknowl18 edged receipt of the further action notice but 

19 failed to contact the appropriate agency within 

20 the time provided. The stay shall remain in ef21 fect until the resolution of the appeal, unless 

22 the Secretary or the Commissioner terminates 

23 the stay based on a determination that the ad24 ministrative appeal is frivolous or filed for pur25 poses of delay. 


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1 ‘‘(C) REVIEW FOR ERROR.—The Secretary 

2 and the Commissioner shall develop procedures 

3 for resolving administrative appeals regarding 

4 nonconfirmations based upon the information 

5 that the individual has provided, including any 

6 additional evidence or argument that was not 

7 previously considered. Any such additional evi8 dence or argument shall be filed within 10 busi9 ness days of the date the appeal was originally 

10 filed. Appeals shall be resolved within 20 busi11 ness days after the individual has submitted all 

12 evidence and arguments the individual wishes to 

13 submit, or has stated in writing that there is no 

14 additional evidence that the individual wishes to 

15 submit. The Secretary and the Commissioner 

16 may, on a case by case basis for good cause, ex17 tend the filing and submission period in order 

18 to ensure accurate resolution of an appeal be19 fore the Secretary or the Commissioner. 

20 ‘‘(D) PREPONDERANCE OF EVIDENCE.— 

21 Administrative appeal under this paragraph 

22 shall be limited to whether a nonconfirmation 

23 notice is supported by a preponderance of the 

24 evidence. 


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1 ‘‘(E) DAMAGES, FEES, AND COSTS.—No 

2 money damages, fees or costs may be awarded 

3 in the administrative appeal process under this 

4 paragraph. 

5 ‘‘(7) REVIEW BY ADMINISTRATIVE LAW

6 JUDGE.— 

7 ‘‘(A) IN GENERAL.—Not later than 30 

8 days after the date an individual receives a final 

9 determination on an administrative appeal 

10 under paragraph (6), the individual may obtain 

11 review of such determination by filing a com12 plaint with a Department of Justice administra13 tive law judge in accordance with this para14 graph. 

15 ‘‘(B) STAY OF NONCONFIRMATION.—The 

16 nonconfirmation related to such final deter17 mination shall be automatically stayed upon the 

18 timely filing of a complaint under this para19 graph, and the stay shall remain in effect until 

20 the resolution of the complaint, unless the ad21 ministrative law judge determines that the ac22 tion is frivolous or filed for purposes of delay. 

23 ‘‘(C) SERVICE.—The respondent to com24 plaint filed under this paragraph is either the 

25 Secretary or the Commissioner, but not both, 


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1 depending upon who issued the administrative 

2 order under paragraph (6). In addition to serv3 ing the respondent, the plaintiff shall serve the 

4 Attorney General. 

5 ‘‘(D) AUTHORITY OF ADMINISTRATIVE

6 LAW JUDGE.— 

7 ‘‘(i) RULES OF PRACTICE.—The Sec8 retary shall promulgate regulations regard9 ing the rules of practice in appeals brought 

10 pursuant to this subsection. 

11 ‘‘(ii) AUTHORITY OF ADMINISTRATIVE

12 LAW JUDGE.—The administrative law 

13 judge shall have power to— 

14 ‘‘(I) terminate a stay of a non15 confirmation under subparagraph (B) 

16 if the administrative law judge deter17 mines that the action is frivolous or 

18 filed for purposes of delay; 

19 ‘‘(II) adduce evidence at a hear20 ing; 

21 ‘‘(III) compel by subpoena the 

22 attendance of witnesses and the pro23 duction of evidence at any designated 

24 place or hearing; 


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1 ‘‘(IV) resolve claims of identity 

2 theft; and 

3 ‘‘(V) enter, upon the pleadings 

4 and any evidence adduced at a hear5 ing, a decision affirming or reversing 

6 the result of the agency, with or with7 out remanding the cause for a rehear8 ing. 

9 ‘‘(iii) SUBPOENA.—In case of contu10 macy or refusal to obey a subpoena law11 fully issued under this section and upon 

12 application of the administrative law judge, 

13 an appropriate district court of the United 

14 States may issue an order requiring com15 pliance with such subpoena and any failure 

16 to obey such order may be punished by 

17 such court as a contempt of such court. 

18 ‘‘(iv) TRAINING.—An administrative 

19 law judge hearing cases shall have special 

20 training respecting employment authorized 

21 status verification. 

22 ‘‘(E) ORDER BY ADMINISTRATIVE LAW

23 JUDGE.— 

24 ‘‘(i) IN GENERAL.—The administra25 tive law judge shall issue and cause to be 


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1 served to the parties in the proceeding an 

2 order which may be appealed as provided 

3 in subparagraph (G). 

4 ‘‘(ii) CONTENTS OF ORDER.—Such an 

5 order shall uphold or reverse the final de6 termination on the request for reconsider7 ation and order lost wages and other ap8 propriate remedies as provided in subpara9 graph (F). 

10 ‘‘(F) COMPENSATION FOR ERROR.— 

11 ‘‘(i) IN GENERAL.—In cases in which 

12 the administrative law judge reverses the 

13 final determination of the Secretary or the 

14 Commissioner made under paragraph (6), 

15 and the administrative law judge finds 

16 that— 

17 ‘‘(I) the nonconfirmation was due 

18 to gross negligence or intentional mis19 conduct of the employer, the adminis20 trative law judge may order the em21 ployer to pay the individual lost 

22 wages, and reasonable costs and attor23 neys’ fees incurred during administra24 tive and judicial review; or 


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1 ‘‘(II) such final determination 

2 was erroneous by reason of the neg3 ligence of the Secretary or the Com4 missioner, the administrative law 

5 judge may order the Secretary or the 

6 Commissioner to pay the individual 

7 lost wages, and reasonable costs and 

8 attorneys’ fees incurred during the ad9 ministrative appeal and the adminis10 trative law judge review. 

11 ‘‘(ii) CALCULATION OF LOST

12 WAGES.—Lost wages shall be calculated 

13 based on the wage rate and work schedule 

14 that prevailed prior to termination. The in15 dividual shall be compensated for wages 

16 lost beginning on the first scheduled work 

17 day after employment was terminated and 

18 ending 120 days after completion of the 

19 administrative law judge’s review described 

20 in this paragraph or the day after the indi21 vidual is reinstated or obtains employment 

22 elsewhere, whichever occurs first. If the in23 dividual obtains employment elsewhere at a 

24 lower wage rate, the individual shall be 

25 compensated for the difference in wages 


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1 for the period ending 120 days after com2 pletion of the administrative law judge re3 view process. No lost wages shall be award4 ed for any period of time during which the 

5 individual was not in employment author6 ized status. 

7 ‘‘(iii) PAYMENT OF COMPENSATION.— 

8 Notwithstanding any other law, payment of 

9 compensation for lost wages, costs, and at10 torneys’ fees under this paragraph, or com11 promise settlements of the same, shall be 

12 made as provided by section 1304 of title 

13 31, United States Code. Appropriations 

14 made available to the Secretary or the 

15 Commissioner, accounts provided for under 

16 section 286, and funds from the Federal 

17 Old-Age and Survivors Insurance Trust 

18 Fund or the Federal Disability Insurance 

19 Trust Fund shall not be available to pay 

20 such compensation. 

21 ‘‘(G) APPEAL.—No later than 45 days 

22 after the entry of such final order, any person 

23 adversely affected by such final order may seek 

24 review of such order in the United States Court 

25 of Appeals for the circuit in which the violation 


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1 is alleged to have occurred or in which the em2 ployer resides or transacts business. 

3 ‘‘(8) MANAGEMENT OF THE SYSTEM.— 

4 ‘‘(A) IN GENERAL.—The Secretary is au5 thorized to establish, manage, and modify the 

6 System, which shall— 

7 ‘‘(i) respond to inquiries made by par8 ticipating employers at any time through 

9 the Internet, or such other means as the 

10 Secretary may designate, concerning an in11 dividual’s identity and whether the indi12 vidual is in employment authorized status; 

13 ‘‘(ii) maintain records of the inquiries 

14 that were made, of confirmations provided 

15 (or not provided), and of the codes pro16 vided to employers as evidence of their 

17 compliance with their obligations under the 

18 System; and 

19 ‘‘(iii) provide information to, and re20 quire action by, employers and individuals 

21 using the System. 

22 ‘‘(B) DESIGN AND OPERATION OF SYS23 TEM.—The System shall be designed and oper24 ated— 


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1 ‘‘(i) to maximize its reliability and 

2 ease of use by employers consistent with 

3 protecting the privacy and security of the 

4 underlying information, and ensuring full 

5 notice of such use to employees; 

6 ‘‘(ii) to maximize its ease of use by 

7 employees, including direct notification of 

8 its use, of results, and ability to challenge 

9 results; 

10 ‘‘(iii) to respond accurately to all in11 quiries made by employers on whether in12 dividuals are authorized to be employed 

13 and to register any times when the system 

14 is unable to receive inquiries; 

15 ‘‘(iv) to maintain appropriate adminis16 trative, technical, and physical safeguards 

17 to prevent unauthorized disclosure of per18 sonal information, misuse by employers 

19 and employees, and discrimination; 

20 ‘‘(v) to require regularly scheduled re21 fresher training of all users of the System 

22 to ensure compliance with all procedures; 

23 ‘‘(vi) to allow for auditing of the use 

24 of the System to detect misuse, discrimina25 tion, fraud, and identity theft, to protect 


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1 privacy and assess System accuracy, and 

2 to preserve the integrity and security of 

3 the information in all of the System, in4 cluding— 

5 ‘‘(I) to develop and use tools and 

6 processes to detect or prevent fraud 

7 and identity theft, such as multiple 

8 uses of the same identifying informa9 tion or documents to fraudulently gain 

10 employment; 

11 ‘‘(II) to develop and use tools 

12 and processes to detect and prevent 

13 misuse of the system by employers 

14 and employees; 

15 ‘‘(III) to develop tools and proc16 esses to detect anomalies in the use of 

17 the system that may indicate potential 

18 fraud or misuse of the system; 

19 ‘‘(IV) to audit documents and in20 formation submitted by employees to 

21 employers, including authority to con22 duct interviews with employers and 

23 employees, and obtain information 

24 concerning employment from the em25 ployer; 


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1 ‘‘(vii) to confirm identity and employ2 ment authorization through verification 

3 and comparison of records as determined 

4 necessary by the Secretary; 

5 ‘‘(viii) to confirm electronically the 

6 issuance of the employment authorization 

7 or identity document and— 

8 ‘‘(I) if such photograph is avail9 able, to display the digital photograph 

10 that the issuer placed on the docu11 ment so that the employer can com12 pare the photograph displayed to the 

13 photograph on the document pre14 sented by the employee; or 

15 ‘‘(II) if a photograph is not avail16 able from the issuer, to confirm the 

17 authenticity of the document using 

18 such alternative procedures as the 

19 Secretary may specify; and 

20 ‘‘(ix) to provide appropriate notifica21 tion directly to employers registered with 

22 the System of all changes made by the 

23 Secretary or the Commissioner related to 

24 allowed and prohibited documents, and use 

25 of the System. 


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1 ‘‘(C) SAFEGUARDS TO THE SYSTEM.— 

2 ‘‘(i) REQUIREMENT TO DEVELOP.— 

3 The Secretary, in consultation with the 

4 Commissioner and other appropriate Fed5 eral and State agencies, shall develop poli6 cies and procedures to ensure protection of 

7 the privacy and security of personally iden8 tifiable information and identifiers con9 tained in the records accessed or main10 tained by the System. The Secretary, in 

11 consultation with the Commissioner and 

12 other appropriate Federal and State agen13 cies, shall develop and deploy appropriate 

14 privacy and security training for the Fed15 eral and State employees accessing the 

16 records under the System. 

17 ‘‘(ii) PRIVACY AUDITS.—The Sec18 retary, acting through the Chief Privacy 

19 Officer of the Department, shall conduct 

20 regular privacy audits of the policies and 

21 procedures established under clause (i), in22 cluding any collection, use, dissemination, 

23 and maintenance of personally identifiable 

24 information and any associated informa25 tion technology systems, as well as scope of 


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1 requests for this information. The Chief 

2 Privacy Officer shall review the results of 

3 the audits and recommend to the Secretary 

4 any changes necessary to improve the pri5 vacy protections of the program. 

6 ‘‘(iii) ACCURACY AUDITS.— 

7 ‘‘(I) IN GENERAL.—Not later 

8 than November 30 of each year, the 

9 Inspector General of the Department 

10 of Homeland Security shall submit a 

11 report to the Secretary, with a copy to 

12 the President of the Senate and the 

13 Speaker of the House of Representa14 tives, that sets forth the error rate of 

15 the System for the previous fiscal year 

16 and the assessments required to be 

17 submitted by the Secretary under sub18 paragraphs (A) and (B) of paragraph 

19 (10). The report shall describe in de20 tail the methodology employed for 

21 purposes of the report, and shall make 

22 recommendations for how error rates 

23 may be reduced. 

24 ‘‘(II) ERROR RATE DEFINED.—In 

25 this clause, the term ‘error rate’ 


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1 means the percentage determined by 

2 dividing— 

3 ‘‘(aa) the number of employ4 ment authorized individuals who 

5 received further action notices, 

6 contested such notices, and were 

7 subsequently found to be employ8 ment authorized; by 

9 ‘‘(bb) the number of System 

10 inquiries submitted for employ11 ment authorized individuals. 

12 ‘‘(III) REDUCTION OF PENALTIES

13 FOR RECORDKEEPING OR

14 VERIFICATION PRACTICES FOLLOWING

15 PERSISTENT SYSTEM INACCURA16 CIES.—Notwithstanding subsection 

17 (e)(4)(C)(i), in any calendar year fol18 lowing a report by the Inspector Gen19 eral under subclause (I) that the Sys20 tem had an error rate higher than 0.3 

21 percent for the previous fiscal year, 

22 the civil penalty assessable by the Sec23 retary or an administrative law judge 

24 under that subsection for each first25 time violation by an employer who has 


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1 not previously been penalized under 

2 this section may not exceed $1,000. 

3 ‘‘(iv) RECORDS SECURITY PRO4 GRAM.—Any person, including a private 

5 third party vendor, who retains document 

6 verification or System data pursuant to 

7 this section shall implement an effective 

8 records security program that— 

9 ‘‘(I) ensures that only authorized 

10 personnel have access to document 

11 verification or System data; and 

12 ‘‘(II) ensures that whenever such 

13 data is created, completed, updated, 

14 modified, altered, or corrected in elec15 tronic format, a secure and perma16 nent record is created that establishes 

17 the date of access, the identity of the 

18 individual who accessed the electronic 

19 record, and the particular action 

20 taken. 

21 ‘‘(v) RECORDS SECURITY PROGRAM.— 

22 In addition to the security measures de23 scribed in clause (iv), a private third party 

24 vendor who retains document verification 

25 or System data pursuant to this section 


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1 shall implement an effective records secu2 rity program that— 

3 ‘‘(I) provides for backup and re4 covery of any records maintained in 

5 electronic format to protect against 

6 information loss, such as power inter7 ruptions; and 

8 ‘‘(II) ensures that employees are 

9 trained to minimize the risk of unau10 thorized or accidental alteration or 

11 erasure of such data in electronic for12 mat. 

13 ‘‘(vi) AUTHORIZED PERSONNEL DE14 FINED.—In this subparagraph, the term 

15 ‘authorized personnel’ means anyone reg16 istered as a System user, or anyone with 

17 partial or full responsibility for completion 

18 of employment authorization verification or 

19 retention of data in connection with em20 ployment authorization verification on be21 half of an employer. 

22 ‘‘(D) AVAILABLE FACILITIES AND ALTER23 NATIVE ACCOMMODATIONS.—The Secretary 

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1 ees, including remote hires, who are otherwise 

2 unable to access the System to use electronic 

3 and telephonic formats (including video confer4 encing, scanning technology, and other available 

5 technologies), Federal Government facilities, 

6 public facilities, or other available locations in 

7 order to utilize the System. 

8 ‘‘(E) RESPONSIBILITIES OF THE SEC9 RETARY.— 

10 ‘‘(i) IN GENERAL.—As part of the 

11 System, the Secretary shall maintain a re12 liable, secure method, which, operating 

13 through the System and within the time 

14 periods specified, compares the name, alien 

15 identification or authorization number, or 

16 other information as determined relevant 

17 by the Secretary, provided in an inquiry 

18 against such information maintained or 

19 accessed by the Secretary in order to con20 firm (or not confirm) the validity of the in21 formation provided, the correspondence of 

22 the name and number, whether the alien 

23 has employment authorized status (or, to 

24 the extent that the Secretary determines to 

25 be feasible and appropriate, whether the 


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1 records available to the Secretary verify 

2 the identity or status of a national of the 

3 United States), and such other information 

4 as the Secretary may prescribe. 

5 ‘‘(ii) PHOTOGRAPH DISPLAY.—As part 

6 of the System, the Secretary shall establish 

7 a reliable, secure method, which, operating 

8 through the System, displays the digital 

9 photograph described in subparagraph 

10 (B)(viii)(I). 

11 ‘‘(iii) TIMING OF NOTICES.—The Sec12 retary shall have authority to prescribe 

13 when a confirmation, nonconfirmation, or 

14 further action notice shall be issued. 

15 ‘‘(iv) USE OF INFORMATION.—The 

16 Secretary shall perform regular audits 

17 under the System, as described in subpara18 graph (B)(vi) and shall utilize the informa19 tion obtained from such audits, as well as 

20 any information obtained from the Com21 missioner pursuant to part E of title XI of 

22 the Social Security Act (42 U.S.C. 1301 et 

23 seq.), for the purposes of this section and 

24 to administer and enforce the immigration 

25 laws. 


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1 ‘‘(v) IDENTITY FRAUD PROTECTION.— 

2 To prevent identity fraud, not later than 

3 18 months after the date of the enactment 

4 of the Border Security, Economic Oppor5 tunity, and Immigration Modernization 

6 Act, the Secretary shall— 

7 ‘‘(I) in consultation with the 

8 Commissioner, establish a program to 

9 provide a reliable, secure method for 

10 an individual to temporarily suspend 

11 or limit the use of the individual’s so12 cial security account number or other 

13 identifying information for verification 

14 by the System; and 

15 ‘‘(II) for each individual being 

16 verified through the System— 

17 ‘‘(aa) notify the individual 

18 that the individual has the option 

19 to limit the use of the individ20 ual’s social security account num21 ber or other identifying informa22 tion for verification by the Sys23 tem; and 


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1 ‘‘(bb) provide instructions to 

2 the individuals for exercising the 

3 option referred to in item (aa). 

4 ‘‘(vi) ALLOWING PARENTS TO PRE5 VENT THEFT OF THEIR CHILD’S IDEN6 TITY.—The Secretary, in consultation with 

7 the Commissioner, shall establish a pro8 gram that provides a reliable, secure meth9 od by which parents or legal guardians 

10 may suspend or limit the use of the social 

11 security account number or other identi12 fying information of a minor under their 

13 care for the purposes of the System. The 

14 Secretary may implement the program on 

15 a limited pilot program basis before mak16 ing it fully available to all individuals. 

17 ‘‘(vii) PROTECTION FROM MULTIPLE

18 USE.—The Secretary and the Commis19 sioner shall establish a procedure for iden20 tifying and handling a situation in which a 

21 social security account number has been 

22 identified to be subject to unusual multiple 

23 use in the System or is otherwise suspected 

24 or determined to have been compromised 

25 by identity fraud. 


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1 ‘‘(viii) MONITORING AND COMPLIANCE

2 UNIT.—The Secretary shall establish or 

3 designate a monitoring and compliance 

4 unit to detect and reduce identity fraud 

5 and other misuse of the System. 

6 ‘‘(ix) CIVIL RIGHTS AND CIVIL LIB7 ERTIES ASSESSMENTS.— 

8 ‘‘(I) REQUIREMENT TO CON9 DUCT.—The Secretary shall conduct 

10 regular civil rights and civil liberties 

11 assessments of the System, including 

12 participation by employers, other pri13 vate entities, and Federal, State, and 

14 local government entities. 

15 ‘‘(II) REQUIREMENT TO RE16 SPOND.—Employers, other private en17 tities, and Federal, State, and local 

18 entities shall timely respond to any re19 quest in connection with such an as20 sessment. 

21 ‘‘(III) ASSESSMENT AND REC22 OMMENDATIONS.—The Officer for 

23 Civil Rights and Civil Liberties of the 

24 Department shall review the results of 

25 each such assessment and recommend 


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1 to the Secretary any changes nec2 essary to improve the civil rights and 

3 civil liberties protections of the Sys4 tem. 

5 ‘‘(F) GRANTS TO STATES.— 

6 ‘‘(i) IN GENERAL.—The Secretary 

7 shall create and administer a grant pro8 gram to help provide funding for States 

9 that grant— 

10 ‘‘(I) the Secretary access to driv11 er’s license information as needed to 

12 confirm that a driver’s license pre13 sented under subsection (c)(1)(D)(i) 

14 confirms the identity of the subject of 

15 the System check, and that a driver’s 

16 license matches the State’s records; 

17 and 

18 ‘‘(II) such assistance as the Sec19 retary may request in order to resolve 

20 further action notices or nonconfirma21 tions relating to such information. 

22 ‘‘(ii) CONSTRUCTION WITH THE DRIV23 ER’S PRIVACY PROTECTION ACT OF 1994.— 

24 The provision of a photograph to the Sec25 retary as described in clause (i) may not be 


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1 construed as a violation of section 2721 of 

2 title 18, United States Code, and is a per3 missible use under subsection (b)(1) of 

4 that section. 

5 ‘‘(iii) AUTHORIZATION OF APPROPRIA6 TIONS.—There is authorized to be appro7 priated to the Secretary $250,000,000 to 

8 carry out this subparagraph. 

9 ‘‘(G) RESPONSIBILITIES OF THE SEC10 RETARY OF STATE.—As part of the System, the 

11 Secretary of State shall provide to the Sec12 retary access to passport and visa information 

13 as needed to confirm that a passport, passport 

14 card, or visa presented under subsection 

15 (c)(1)(C) confirms the identity of the subject of 

16 the System check, and that a passport, passport 

17 card, or visa photograph matches the Secretary 

18 of State’s records, and shall provide such assist19 ance as the Secretary may request in order to 

20 resolve further action notices or nonconfirma21 tions relating to such information. 

22 ‘‘(H) UPDATING INFORMATION.—The 

23 Commissioner, the Secretary, and the Secretary 

24 of State shall update their information in a 

25 manner that promotes maximum accuracy and 


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1 shall provide a process for the prompt correc2 tion of erroneous information. 

3 ‘‘(9) LIMITATION ON USE OF THE SYSTEM.— 

4 Notwithstanding any other provision of law, nothing 

5 in this subsection may be construed to permit or 

6 allow any department, bureau, or other agency of 

7 the United States Government or any other entity to 

8 utilize any information, database, or other records 

9 assembled under this subsection for any purpose 

10 other than for employment verification or to ensure 

11 secure, appropriate and nondiscriminatory use of the 

12 System. 

13 ‘‘(10) ANNUAL REPORT AND CERTIFICATION.— 

14 Not later than 18 months after the promulgation of 

15 regulations to implement this subsection, and annu16 ally thereafter, the Secretary shall submit to Con17 gress a report that includes the following: 

18 ‘‘(A) An assessment, as submitted to the 

19 Secretary by the Inspector General of the De20 partment of Homeland Security pursuant to 

21 paragraph (8)(C)(iii)(I), of the accuracy rates 

22 of further action notices and other System no23 tices provided by employers to individuals who 

24 are authorized to be employed in the United 

25 States. 


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1 ‘‘(B) An assessment, as submitted to the 

2 Secretary by the Inspector General of the De3 partment of Homeland Security pursuant to 

4 paragraph (8)(C)(iii)(I), of the accuracy rates 

5 of further action notices and other System no6 tices provided directly (by the System) in a 

7 timely fashion to individuals who are not au8 thorized to be employed in the United States. 

9 ‘‘(C) An assessment of any challenges 

10 faced by small employers in utilizing the Sys11 tem. 

12 ‘‘(D) An assessment of the rate of em13 ployer noncompliance (in addition to failure to 

14 provide required notices in a timely fashion) in 

15 each of the following categories: 

16 ‘‘(i) Taking adverse action based on a 

17 further action notice. 

18 ‘‘(ii) Use of the System for non19 employees or other individuals before they 

20 are offered employment. 

21 ‘‘(iii) Use of the System to reverify 

22 employment authorized status of current 

23 employees except if authorized to do so. 


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1 ‘‘(iv) Use of the System selectively, 

2 except in cases in which such use is au3 thorized. 

4 ‘‘(v) Use of the System to deny em5 ployment or post-employment benefits or 

6 otherwise interfere with labor rights. 

7 ‘‘(vi) Requiring employees or appli8 cants to use any self-verification feature or 

9 to provide self-verification results. 

10 ‘‘(vii) Discouraging individuals who 

11 receive a further action notice from chal12 lenging the further action notice or appeal13 ing a determination made by the System. 

14 ‘‘(E) An assessment of the rate of em15 ployee noncompliance in each of the following 

16 categories: 

17 ‘‘(i) Obtaining employment when un18 authorized with an employer complying 

19 with the System in good faith. 

20 ‘‘(ii) Failure to provide required docu21 ments in a timely manner. 

22 ‘‘(iii) Attempting to use fraudulent 

23 documents or documents not related to the 

24 individual. 


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1 ‘‘(iv) Misuse of the administrative ap2 peal and judicial review process. 

3 ‘‘(F) An assessment of the amount of time 

4 taken for— 

5 ‘‘(i) the System to provide the con6 firmation or further action notice; 

7 ‘‘(ii) individuals to contest further ac8 tion notices; 

9 ‘‘(iii) the System to provide a con10 firmation or nonconfirmation of a con11 tested further action notice; 

12 ‘‘(iv) individuals to file an administra13 tive appeal of a nonconfirmation; and 

14 ‘‘(v) resolving administrative appeals 

15 regarding nonconfirmations. 

16 ‘‘(11) ANNUAL GAO STUDY AND REPORT.— 

17 ‘‘(A) REQUIREMENT.—The Comptroller 

18 General shall, for each year, undertake a study 

19 to evaluate the accuracy, efficiency, integrity, 

20 and impact of the System. 

21 ‘‘(B) REPORT.—Not later than 18 months 

22 after the promulgation of regulations to imple23 ment this subsection, and yearly thereafter, the 

24 Comptroller General shall submit to Congress a 

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1 ried out under this paragraph. Each such re2 port shall include, at a minimum, the following: 

3 ‘‘(i) An assessment of System per4 formance with respect to the rate at which 

5 individuals who are eligible for employment 

6 in the United States are correctly approved 

7 within the required periods, including a 

8 separate assessment of such rate for natu9 ralized United States citizens, nationals of 

10 the United States, and aliens. 

11 ‘‘(ii) An assessment of the privacy and 

12 confidentiality of the System and of the 

13 overall security of the System with respect 

14 to cybertheft and theft or misuse of private 

15 data. 

16 ‘‘(iii) An assessment of whether the 

17 System is being implemented in a manner 

18 that is not discriminatory or used for retal19 iation against employees. 

20 ‘‘(iv) An assessment of the most com21 mon causes for the erroneous issuance of 

22 nonconfirmations by the System and rec23 ommendations to correct such causes. 


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1 ‘‘(v) The recommendations of the 

2 Comptroller General regarding System im3 provements. 

4 ‘‘(vi) An assessment of the frequency 

5 and magnitude of changes made to the 

6 System and the impact on the ability for 

7 employers to comply in good faith. 

8 ‘‘(vii) An assessment of the direct and 

9 indirect costs incurred by employers in 

10 complying with the System, including costs 

11 associated with retaining potential employ12 ees through the administrative appeals 

13 process and receiving a nonconfirmation. 

14 ‘‘(viii) An assessment of any backlogs 

15 or delays in the System providing the con16 firmation or further action notice and im17 pacts to hiring by employers. 

18 ‘‘(e) COMPLIANCE.— 

19 ‘‘(1) COMPLAINTS AND INVESTIGATIONS.—The 

20 Secretary shall establish procedures— 

21 ‘‘(A) for individuals and entities to file 

22 complaints respecting potential violations of 

23 subsections (a) or (f)(1); 


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1 ‘‘(B) for the investigation of those com2 plaints which the Secretary deems appropriate 

3 to investigate; and 

4 ‘‘(C) for providing notification to the Spe5 cial Counsel for Immigration-Related Unfair 

6 Employment Practices of the Department of 

7 Justice of potential violations of section 274B. 

8 ‘‘(2) AUTHORITY IN INVESTIGATIONS.—In con9 ducting investigations and proceedings under this 

10 subsection— 

11 ‘‘(A) immigration officers shall have rea12 sonable access to examine evidence of the em13 ployer being investigated; 

14 ‘‘(B) immigration officers designated by 

15 the Secretary, and administrative law judges 

16 and other persons authorized to conduct pro17 ceedings under this section, may compel by sub18 poena the attendance of relevant witnesses and 

19 the production of relevant evidence at any des20 ignated place in an investigation or case under 

21 this subsection. In case of refusal to fully com22 ply with a subpoena lawfully issued under this 

23 paragraph, the Secretary may request that the 

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1 quiring compliance with the subpoena, and any 

2 failure to obey such order may be punished by 

3 the court as contempt. Failure to cooperate 

4 with the subpoena shall be subject to further 

5 penalties, including further fines and the void6 ing of any mitigation of penalties or termi7 nation of proceedings under paragraph (4)(E); 

8 and 

9 ‘‘(C) the Secretary, in cooperation with the 

10 Commissioner and Attorney General, and in 

11 consultation with other relevant agencies, shall 

12 establish a Joint Employment Fraud Task 

13 Force consisting of, at a minimum— 

14 ‘‘(i) the System’s compliance per15 sonnel; 

16 ‘‘(ii) immigration law enforcement of17 ficers; 

18 ‘‘(iii) personnel of the Office of Spe19 cial Counsel for Immigration-Related Un20 fair Employment Practices of the Depart21 ment of Justice; 

22 ‘‘(iv) personnel of the Office for Civil 

23 Rights and Civil Liberties of the Depart24 ment; and 


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1 ‘‘(v) personnel of Office of Inspector 

2 General of the Social Security Administra3 tion. 

4 ‘‘(3) COMPLIANCE PROCEDURES.— 

5 ‘‘(A) PRE-PENALTY NOTICE.—If the Sec6 retary has reasonable cause to believe that 

7 there has been a civil violation of this section in 

8 the previous 3 years, the Secretary shall issue 

9 to the employer concerned a written notice of 

10 the Department’s intention to issue a claim for 

11 a monetary or other penalty. Such pre-penalty 

12 notice shall— 

13 ‘‘(i) describe the violation; 

14 ‘‘(ii) specify the laws and regulations 

15 allegedly violated; 

16 ‘‘(iii) disclose the material facts which 

17 establish the alleged violation; 

18 ‘‘(iv) describe the penalty sought to be 

19 imposed; and 

20 ‘‘(v) inform such employer that such 

21 employer shall have a reasonable oppor22 tunity to make representations as to why a 

23 monetary or other penalty should not be 

24 imposed. 


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1 ‘‘(B) EMPLOYER’S RESPONSE.—Whenever 

2 any employer receives written pre-penalty notice 

3 of a fine or other penalty in accordance with 

4 subparagraph (A), the employer may, within 60 

5 days from receipt of such notice, file with the 

6 Secretary its written response to the notice. 

7 The response may include any relevant evidence 

8 or proffer of evidence that the employer wishes 

9 to present with respect to whether the employer 

10 violated this section and whether, if so, the pen11 alty should be mitigated, and shall be filed and 

12 considered in accordance with procedures to be 

13 established by the Secretary. 

14 ‘‘(C) RIGHT TO A HEARING.—Before 

15 issuance of an order imposing a penalty on any 

16 employer, person, or entity, the employer, per17 son, or entity shall be entitled to a hearing be18 fore an administrative law judge, if requested 

19 within 60 days of the notice of penalty. The 

20 hearing shall be held at the nearest location 

21 practicable to the place where the employer, 

22 person, or entity resides or of the place where 

23 the alleged violation occurred. 

24 ‘‘(D) ISSUANCE OF ORDERS.—If no hear25 ing is so requested, the Secretary’s imposition 


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1 of the order shall constitute a final and 

2 unappealable order. If a hearing is requested 

3 and the administrative law judge determines, 

4 upon clear and convincing evidence received, 

5 that there was a violation, the administrative 

6 law judge shall issue the final determination 

7 with a written penalty claim. The penalty claim 

8 shall specify all charges in the information pro9 vided under clauses (i) through (iii) of subpara10 graph (A) and any mitigation of the penalty 

11 that the administrative law judge deems appro12 priate under paragraph (4)(E). 

13 ‘‘(4) CIVIL PENALTIES.— 

14 ‘‘(A) HIRING OR CONTINUING TO EMPLOY

15 UNAUTHORIZED ALIENS.—Any employer that 

16 violates any provision of subsection (a)(1)(A) or 

17 (a)(2) shall— 

18 ‘‘(i) pay a civil penalty of not less 

19 than $3,500 and not more than $7,500 for 

20 each unauthorized alien with respect to 

21 which each violation of either subsection 

22 (a)(1)(A) or (a)(2) occurred; 

23 ‘‘(ii) if the employer has previously 

24 been fined as a result of a previous en25 forcement action or previous violation 


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1 under this paragraph, pay a civil penalty of 

2 not less than $5,000 and not more than 

3 $15,000 for each unauthorized alien with 

4 respect to which a violation of either sub5 section (a)(1)(A) or (a)(2) occurred; and 

6 ‘‘(iii) if the employer has previously 

7 been fined more than once under this para8 graph, pay a civil penalty of not less than 

9 $10,000 and not more than $25,000 for 

10 each unauthorized alien with respect to 

11 which a violation of either subsection 

12 (a)(1)(A) or (a)(2) occurred. 

13 ‘‘(B) ENHANCED PENALTIES.—After the 

14 Secretary certifies to Congress that the System 

15 has been established, implemented, and made 

16 mandatory for use by all employers in the 

17 United States, the Secretary may establish an 

18 enhanced civil penalty for an employer who— 

19 ‘‘(i) fails to query the System to verify 

20 the identify and work authorized status of 

21 an individual; and 

22 ‘‘(ii) violates a Federal, State, or local 

23 law related to— 

24 ‘‘(I) the payment of wages; 


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1 ‘‘(II) hours worked by employees; 

2 or 

3 ‘‘(III) workplace health and safe4 ty. 

5 ‘‘(C) RECORDKEEPING OR VERIFICATION

6 PRACTICES.—Any employer that violates or fails 

7 to comply with any requirement under sub8 section (a)(1)(B), other than a minor or inad9 vertent failure, as determined by the Secretary, 

10 shall pay a civil penalty of— 

11 ‘‘(i) not less than $500 and not more 

12 than $2,000 for each violation; 

13 ‘‘(ii) if an employer has previously 

14 been fined under this paragraph, not less 

15 than $1,000 and not more than $4,000 for 

16 each violation; and 

17 ‘‘(iii) if an employer has previously 

18 been fined more than once under this para19 graph, not less than $2,000 and not more 

20 than $8,000 for each violation. 

21 ‘‘(D) OTHER PENALTIES.—The Secretary 

22 may impose additional penalties for violations, 

23 including cease and desist orders, specially de24 signed compliance plans to prevent further vio25 lations, suspended fines to take effect in the 


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1 event of a further violation, and in appropriate 

2 cases, the remedy provided by paragraph (f)(2). 

3 ‘‘(E) MITIGATION.—The Secretary or, if 

4 an employer requests a hearing, the administra5 tive law judge, is authorized, upon such terms 

6 and conditions as the Secretary or administra7 tive law judge deems reasonable and just and in 

8 accordance with such procedures as the Sec9 retary may establish or any procedures estab10 lished governing the administrative law judge’s 

11 assessment of penalties, to reduce or mitigate 

12 penalties imposed upon employers, based upon 

13 factors including, the employer’s hiring volume, 

14 compliance history, good-faith implementation 

15 of a compliance program, the size and level of 

16 sophistication of the employer, and voluntary 

17 disclosure of violations of this subsection to the 

18 Secretary. The Secretary or administrative law 

19 judge shall not mitigate a penalty below the 

20 minimum penalty provided by this section, ex21 cept that the Secretary may, in the case of an 

22 employer subject to penalty for recordkeeping 

23 or verification violations only who has not pre24 viously been penalized under this section, in the 

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1 tion, mitigate the penalty below the statutory 

2 minimum or remit it entirely. In any case where 

3 a civil money penalty has been imposed on an 

4 employer under section 274B for an action or 

5 omission that is also a violation of this section, 

6 the Secretary or administrative law judge shall 

7 mitigate any civil money penalty under this sec8 tion by the amount of the penalty imposed 

9 under section 274B. 

10 ‘‘(F) EFFECTIVE DATE.—The civil money 

11 penalty amounts and the enhanced penalties 

12 provided by subparagraphs (A), (B), and (C) of 

13 this paragraph and by subsection (f)(2) shall 

14 apply to violations of this section committed on 

15 or after the date that is 1 year after the date 

16 of the enactment of the Border Security, Eco17 nomic Opportunity, and Immigration Mod18 ernization Act. For violations committed prior 

19 to such date of enactment, the civil money pen20 alty amounts provided by regulations imple21 menting this section as in effect the minute be22 fore such date of enactment with respect to 

23 knowing hiring or continuing employment, 

24 verification, or indemnity bond violations, as 

25 appropriate, shall apply. 


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1 ‘‘(5) ORDER OF INTERNAL REVIEW AND CER2 TIFICATION OF COMPLIANCE.— 

3 ‘‘(A) EMPLOYER COMPLIANCE.—If the 

4 Secretary has reasonable cause to believe that 

5 an employer has failed to comply with this sec6 tion, the Secretary is authorized, at any time, 

7 to require that the employer certify that it is in 

8 compliance with this section, or has instituted a 

9 program to come into compliance. 

10 ‘‘(B) EMPLOYER CERTIFICATION.— 

11 ‘‘(i) REQUIREMENT.—Except as pro12 vided in subparagraph (C), not later than 

13 60 days after receiving a notice from the 

14 Secretary requiring a certification under 

15 subparagraph (A), an official with respon16 sibility for, and authority to bind the com17 pany on, all hiring and immigration com18 pliance notices shall certify under penalty 

19 of perjury that the employer is in conform20 ance with the requirements of paragraphs 

21 (1) through (4) of subsection (c), per22 taining to document verification require23 ments, and with subsection (d), pertaining 

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1 cording to the requirements under sub2 section (d)(2)), and with any additional re3 quirements that the Secretary may promul4 gate by regulation pursuant to subsection 

5 (c) or (d) or that the employer has insti6 tuted a program to come into compliance 

7 with these requirements. 

8 ‘‘(ii) APPLICATION.—Clause (i) shall 

9 not apply until the date that the Secretary 

10 certifies to Congress that the System has 

11 been established, implemented, and made 

12 mandatory for use by all employers in the 

13 United States. 

14 ‘‘(C) EXTENSION OF DEADLINE.—At the 

15 request of the employer, the Secretary may ex16 tend the 60-day deadline for good cause. 

17 ‘‘(D) STANDARDS OR METHODS.—The Sec18 retary is authorized to publish in the Federal 

19 Register standards or methods for such certifi20 cation, require specific recordkeeping practices 

21 with respect to such certifications, and audit 

22 the records thereof at any time. This authority 

23 shall not be construed to diminish or qualify 

24 any other penalty provided by this section. 


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1 ‘‘(6) REQUIREMENTS FOR REVIEW OF A FINAL

2 DETERMINATION.—With respect to judicial review of 

3 a final determination or penalty order issued under 

4 paragraph (3)(D), the following requirements apply: 

5 ‘‘(A) DEADLINE.—The petition for review 

6 must be filed no later than 30 days after the 

7 date of the final determination or penalty order 

8 issued under paragraph (3)(D). 

9 ‘‘(B) VENUE AND FORMS.—The petition 

10 for review shall be filed with the court of ap11 peals for the judicial circuit where the employ12 er’s principal place of business was located 

13 when the final determination or penalty order 

14 was made. The record and briefs do not have 

15 to be printed. The court shall review the pro16 ceeding on a typewritten or electronically filed 

17 record and briefs. 

18 ‘‘(C) SERVICE.—The respondent is the 

19 Secretary. In addition to serving the respond20 ent, the petitioner shall serve the Attorney Gen21 eral. 

22 ‘‘(D) PETITIONER’S BRIEF.—The peti23 tioner shall serve and file a brief in connection 

24 with a petition for judicial review not later than 

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1 tive record is available, and may serve and file 

2 a reply brief not later than 14 days after serv3 ice of the brief of the respondent, and the court 

4 may not extend these deadlines, except for good 

5 cause shown. If a petitioner fails to file a brief 

6 within the time provided in this paragraph, the 

7 court shall dismiss the appeal unless a manifest 

8 injustice would result. 

9 ‘‘(E) SCOPE AND STANDARD FOR RE10 VIEW.—The court of appeals shall conduct a de 

11 novo review of the administrative record on 

12 which the final determination was based and 

13 any additional evidence that the Court finds 

14 was previously unavailable at the time of the 

15 administrative hearing. 

16 ‘‘(F) EXHAUSTION OF ADMINISTRATIVE

17 REMEDIES.—A court may review a final deter18 mination under paragraph (3)(C) only if— 

19 ‘‘(i) the petitioner has exhausted all 

20 administrative remedies available to the pe21 titioner as of right, including any adminis22 trative remedies established by regulation, 

23 and 

24 ‘‘(ii) another court has not decided 

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1 ing court finds that the petition presents 

2 grounds that could not have been pre3 sented in the prior judicial proceeding or 

4 that the remedy provided by the prior pro5 ceeding was inadequate or ineffective to 

6 test the validity of the order. 

7 ‘‘(G) ENFORCEMENT OF ORDERS.—If the 

8 final determination issued against the employer 

9 under this subsection is not subjected to review 

10 as provided in this paragraph, the Attorney 

11 General, upon request by the Secretary, may 

12 bring a civil action to enforce compliance with 

13 the final determination in any appropriate dis14 trict court of the United States. The court, on 

15 a proper showing, shall issue a temporary re16 straining order or a preliminary or permanent 

17 injunction requiring that the employer comply 

18 with the final determination issued against that 

19 employer under this subsection. In any such 

20 civil action, the validity and appropriateness of 

21 the final determination shall not be subject to 

22 review. 

23 ‘‘(7) CREATION OF LIEN.—If any employer lia24 ble for a fee or penalty under this section neglects 

25 or refuses to pay such liability after demand and 


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1 fails to file a petition for review (if applicable) as 

2 provided in paragraph (6), the amount of the fee or 

3 penalty shall be a lien in favor of the United States 

4 on all property and rights to property, whether real 

5 or personal, belonging to such employer. If a petition 

6 for review is filed as provided in paragraph (6), the 

7 lien shall arise upon the entry of a final judgment 

8 by the court. The lien continues for 20 years or until 

9 the liability is satisfied, remitted, set aside, or termi10 nated. 

11 ‘‘(8) FILING NOTICE OF LIEN.— 

12 ‘‘(A) PLACE FOR FILING.—The notice of a 

13 lien referred to in paragraph (7) shall be filed 

14 as described in 1 of the following: 

15 ‘‘(i) UNDER STATE LAWS.— 

16 ‘‘(I) REAL PROPERTY.—In the 

17 case of real property, in 1 office with18 in the State (or the county, or other 

19 governmental subdivision), as des20 ignated by the laws of such State, in 

21 which the property subject to the lien 

22 is situated. 

23 ‘‘(II) PERSONAL PROPERTY.—In 

24 the case of personal property, whether 

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1 in the State (or the county, or other 

2 governmental subdivision), as des3 ignated by the laws of such State, in 

4 which the property subject to the lien 

5 is situated, except that State law 

6 merely conforming to or reenacting 

7 Federal law establishing a national fil8 ing system does not constitute a sec9 ond office for filing as designated by 

10 the laws of such State. 

11 ‘‘(ii) WITH CLERK OF DISTRICT

12 COURT.—In the office of the clerk of the 

13 United States district court for the judicial 

14 district in which the property subject to 

15 the lien is situated, whenever the State has 

16 not by law designated 1 office which meets 

17 the requirements of clause (i). 

18 ‘‘(iii) WITH RECORDER OF DEEDS OF

19 THE DISTRICT OF COLUMBIA.—In the of20 fice of the Recorder of Deeds of the Dis21 trict of Columbia, if the property subject to 

22 the lien is situated in the District of Co23 lumbia. 

24 ‘‘(B) SITUS OF PROPERTY SUBJECT TO

25 LIEN.—For purposes of subparagraph (A), 


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1 property shall be deemed to be situated as fol2 lows: 

3 ‘‘(i) REAL PROPERTY.—In the case of 

4 real property, at its physical location. 

5 ‘‘(ii) PERSONAL PROPERTY.—In the 

6 case of personal property, whether tangible 

7 or intangible, at the residence of the tax8 payer at the time the notice of lien is filed. 

9 ‘‘(C) DETERMINATION OF RESIDENCE.— 

10 For purposes of subparagraph (B)(ii), the resi11 dence of a corporation or partnership shall be 

12 deemed to be the place at which the principal 

13 executive office of the business is located, and 

14 the residence of a taxpayer whose residence is 

15 outside the United States shall be deemed to be 

16 in the District of Columbia. 

17 ‘‘(D) EFFECT OF FILING NOTICE OF

18 LIEN.— 

19 ‘‘(i) IN GENERAL.—Upon filing of a 

20 notice of lien in the manner described in 

21 this paragraph, the lien shall be valid 

22 against any purchaser, holder of a security 

23 interest, mechanic’s lien, or judgment lien 

24 creditor, except with respect to properties 

25 or transactions specified in subsection (b), 


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1 (c), or (d) of section 6323 of the Internal 

2 Revenue Code of 1986 for which a notice 

3 of tax lien properly filed on the same date 

4 would not be valid. 

5 ‘‘(ii) NOTICE OF LIEN.—The notice of 

6 lien shall be considered a notice of lien for 

7 taxes payable to the United States for the 

8 purpose of any State or local law providing 

9 for the filing of a notice of a tax lien. A 

10 notice of lien that is registered, recorded, 

11 docketed, or indexed in accordance with 

12 the rules and requirements relating to 

13 judgments of the courts of the State where 

14 the notice of lien is registered, recorded, 

15 docketed, or indexed shall be considered 

16 for all purposes as the filing prescribed by 

17 this section. 

18 ‘‘(iii) OTHER PROVISIONS.—The pro19 visions of section 3201(e) of title 28, 

20 United States Code, shall apply to liens 

21 filed as prescribed by this paragraph. 

22 ‘‘(E) ENFORCEMENT OF A LIEN.—A lien 

23 obtained through this paragraph shall be con24 sidered a debt as defined by section 3002 of 


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1 title 28, United States Code and enforceable 

2 pursuant to chapter 176 of such title. 

3 ‘‘(9) ATTORNEY GENERAL ADJUDICATION.— 

4 The Attorney General shall have jurisdiction to adju5 dicate administrative proceedings under this sub6 section. Such proceedings shall be conducted in ac7 cordance with requirements of section 554 of title 5, 

8 United States Code. 

9 ‘‘(f) CRIMINAL AND CIVIL PENALTIES AND INJUNC10 TIONS.— 

11 ‘‘(1) PROHIBITION OF INDEMNITY BONDS.—It 

12 is unlawful for an employer, in the hiring of any in13 dividual, to require the individual to post a bond or 

14 security, to pay or agree to pay an amount, or other15 wise to provide a financial guarantee or indemnity, 

16 against any potential liability arising under this sec17 tion relating to such hiring of the individual. 

18 ‘‘(2) CIVIL PENALTY.—Any employer who is de19 termined, after notice and opportunity for mitigation 

20 of the monetary penalty under subsection (e), to 

21 have violated paragraph (1) shall be subject to a 

22 civil penalty of $10,000 for each violation and to an 

23 administrative order requiring the return of any 

24 amounts received in violation of such paragraph to 


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1 the employee or, if the employee cannot be located, 

2 to the general fund of the Treasury. 

3 ‘‘(g) GOVERNMENT CONTRACTS.— 

4 ‘‘(1) CONTRACTORS AND RECIPIENTS.—When5 ever an employer who is a Federal contractor (mean6 ing an employer who holds a Federal contract, 

7 grant, or cooperative agreement, or reasonably may 

8 be expected to submit an offer for or be awarded a 

9 government contract) is determined by the Secretary 

10 to have violated this section on more than 3 occa11 sions or is convicted of a crime under this section, 

12 the employer shall be considered for debarment from 

13 the receipt of Federal contracts, grants, or coopera14 tive agreements in accordance with the procedures 

15 and standards and for the periods prescribed by the 

16 Federal Acquisition Regulation. However, any ad17 ministrative determination of liability for civil pen18 alty by the Secretary or the Attorney General shall 

19 not be reviewable in any debarment proceeding. 

20 ‘‘(2) INADVERTENT VIOLATIONS.—Inadvertent 

21 violations of recordkeeping or verification require22 ments, in the absence of any other violations of this 

23 section, shall not be a basis for determining that an 

24 employer is a repeat violator for purposes of this 

25 subsection. 


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1 ‘‘(3) OTHER REMEDIES AVAILABLE.—Nothing 

2 in this subsection shall be construed to modify or 

3 limit any remedy available to any agency or official 

4 of the Federal Government for violation of any con5 tractual requirement to participate in the System, as 

6 provided in the final rule relating to employment eli7 gibility verification published in the Federal Register 

8 on November 14, 2008 (73 Fed. Reg. 67,651), or 

9 any similar subsequent regulation. 

10 ‘‘(h) PREEMPTION.—The provisions of this section 

11 preempt any State or local law, ordinance, policy, or rule, 

12 including any criminal or civil fine or penalty structure, 

13 relating to the hiring, continued employment, or status 

14 verification for employment eligibility purposes, of unau15 thorized aliens. A State, locality, municipality, or political 

16 subdivision may exercise its authority over business licens17 ing and similar laws as a penalty for failure to use the 

18 System. 

19 ‘‘(i) DEPOSIT OF AMOUNTS RECEIVED.—Except as 

20 otherwise specified, civil penalties collected under this sec21 tion shall be deposited by the Secretary into the Com22 prehensive Immigration Reform Trust Fund established 

23 under section 9(a)(1) of the Border Security, Economic 

24 Opportunity, and Immigration Modernization Act. 

25 ‘‘(j) CHALLENGES TO VALIDITY OF THE SYSTEM.— 


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1 ‘‘(1) IN GENERAL.—Any right, benefit, or claim 

2 not otherwise waived or limited pursuant to this sec3 tion is available in an action instituted in the United 

4 States District Court for the District of Columbia, 

5 but shall be limited to determinations of— 

6 ‘‘(A) whether this section, or any regula7 tion issued to implement this section, violates 

8 the Constitution of the United States; or 

9 ‘‘(B) whether such a regulation issued by 

10 or under the authority of the Secretary to im11 plement this section, is contrary to applicable 

12 provisions of this section or was issued in viola13 tion of chapter 5 of title 5, United States Code. 

14 ‘‘(2) DEADLINES FOR BRINGING ACTIONS.— 

15 Any action instituted under this subsection must be 

16 filed no later than 180 days after the date the chal17 lenged section or regulation described in subpara18 graph (A) or (B) of paragraph (1) becomes effective. 

19 No court shall have jurisdiction to review any chal20 lenge described in subparagraph (B) after the time 

21 period specified in this subsection expires. 

22 ‘‘(k) CRIMINAL PENALTIES AND INJUNCTIONS FOR

23 PATTERN OR PRACTICE VIOLATIONS.— 

24 ‘‘(1) PATTERN AND PRACTICE.—Any employer 

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1 lations of subsection (a)(1)(A) or (a)(2) shall be 

2 fined under title 18, United States Code, no more 

3 than $10,000 for each unauthorized alien with re4 spect to whom such violation occurs, imprisoned for 

5 not more than 2 years for the entire pattern or prac6 tice, or both. 

7 ‘‘(2) TERM OF IMPRISONMENT.—The maximum 

8 term of imprisonment of a person convicted of any 

9 criminal offense under the United States Code shall 

10 be increased by 5 years if the offense is committed 

11 as part of a pattern or practice of violations of sub12 section (a)(1)(A) or (a)(2). 

13 ‘‘(3) ENJOINING OF PATTERN OR PRACTICE

14 VIOLATIONS.—Whenever the Secretary or the Attor15 ney General has reasonable cause to believe that an 

16 employer is engaged in a pattern or practice of em17 ployment in violation of subsection (a)(1)(A) or 

18 (a)(2), the Attorney General may bring a civil action 

19 in the appropriate district court of the United States 

20 requesting such relief, including a permanent or 

21 temporary injunction, restraining order, or other 

22 order against the employer, as the Secretary or At23 torney General deems necessary. 

24 ‘‘(l) CRIMINAL PENALTIES FOR UNLAWFUL AND

25 ABUSIVE EMPLOYMENT.— 


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1 ‘‘(1) IN GENERAL.—Any person who, during 

2 any 12-month period, knowingly employs or hires, 

3 employs, recruits, or refers for a fee for employment 

4 10 or more individuals within the United States who 

5 are under the control and supervision of such per6 son— 

7 ‘‘(A) knowing that the individuals are un8 authorized aliens; and 

9 ‘‘(B) under conditions that violate section 

10 5(a) of the Occupational Safety and Health Act 

11 of 1970 (29 U.S.C. 654(a) (relating to occupa12 tional safety and health), section 6 or 7 of the 

13 Fair Labor Standards Act of 1938 (29 U.S.C. 

14 206 and 207) (relating to minimum wages and 

15 maximum hours of employment), section 3142 

16 of title 40, United States Code, (relating to re17 quired wages on construction contracts), or sec18 tions 6703 or 6704 of title 41, United States 

19 Code, (relating to required wages on service 

20 contracts), 

21 shall be fined under title 18, United States Code, or 

22 imprisoned for not more than 10 years, or both. 

23 ‘‘(2) ATTEMPT AND CONSPIRACY.—Any person 

24 who attempts or conspires to commit any offense 


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1 under this section shall be punished in the same 

2 manner as a person who completes the offense.’’. 

3 (b) REPORT ON USE OF THE SYSTEM IN THE AGRI4 CULTURAL INDUSTRY.—Not later than 18 months after 

5 the date of the enactment of this Act, the Secretary, in 

6 consultation with the Secretary of Agriculture, shall sub7 mit a report to Congress that assesses implementation of 

8 the Employment Verification System established under 

9 section 274A(d) of the Immigration and Nationality Act, 

10 as amended by subsection (a), in the agricultural industry, 

11 including the use of such System technology in agriculture 

12 industry hiring processes, user, contractor, and third13 party employer agent employment practices, timing and 

14 logistics regarding employment verification and 

15 reverification processes to meet agriculture industry prac16 tices, and identification of potential challenges and modi17 fications to meet the unique needs of the agriculture in18 dustry. Such report shall review— 

19 (1) the modality of access, training and out20 reach, customer support, processes for further action 

21 notices and secondary verifications for short-term 

22 workers, monitoring, and compliance procedures for 

23 such System; 

24 (2) the interaction of such System with the 

25 process to admit nonimmigrant workers pursuant to 


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1 section 218 or 218A of the Immigration and Nation2 ality Act (8 U.S.C. 1188 et seq.) and with enforce3 ment of the immigration laws; and 

4 (3) the collaborative use of processes of other 

5 Federal and State agencies that intersect with the 

6 agriculture industry. 

7 (c) REPORT ON IMPACT OF THE SYSTEM ON EM8 PLOYERS.—Not later than 18 months after the date of 

9 the enactment of this Act, the Secretary shall submit to 

10 Congress a report that assesses— 

11 (1) the implementation of the Employment 

12 Verification System established under section 

13 274A(d) of the Immigration and Nationality Act, as 

14 amended by subsection (a), by employers; 

15 (2) any adverse impact on the revenues, busi16 ness processes, or profitability of employers required 

17 to use such System; and 

18 (3) the economic impact of such System on 

19 small businesses. 

20 (d) GOVERNMENT ACCOUNTABILITY OFFICE STUDY

21 OF THE EFFECTS OF DOCUMENT REQUIREMENTS ON EM22 PLOYMENT AUTHORIZED PERSONS AND EMPLOYERS.— 

23 (1) STUDY.—The Comptroller General of the 

24 United States shall carry out a study of— 


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1 (A) the effects of the documentary require2 ments of section 274A of the Immigration and 

3 Nationality Act, as amended by subsection (a), 

4 on employers, naturalized United States citi5 zens, nationals of the United States, and indi6 viduals with employment authorized status; and 

7 (B) the challenges such employers, citizens, 

8 nationals, or individuals may face in obtaining 

9 the documentation required under that section. 

10 (2) REPORT.—Not later than 4 years after the 

11 date of the enactment of this Act, the Comptroller 

12 General shall submit to Congress a report containing 

13 the findings of the study carried out under para14 graph (1). Such report shall include, at a minimum, 

15 the following: 

16 (A) An assessment of available information 

17 regarding the number of working age nationals 

18 of the United States and individuals who have 

19 employment authorized status who lack docu20 ments required for employment by such section 

21 274A. 

22 (B) A description of the additional steps 

23 required for individuals who have employment 

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1 ments required by such section 274A to obtain 

2 such documents. 

3 (C) A general assessment of the average fi4 nancial costs for individuals who have employ5 ment authorized status who do not possess the 

6 documents required by such section 274A to ob7 tain such documents. 

8 (D) A general assessment of the average 

9 financial costs and challenges for employers 

10 who have been required to participate in the 

11 Employment Verification System established by 

12 subsection (d) of such section 274A. 

13 (E) A description of the barriers to indi14 viduals who have employment authorized status 

15 in obtaining the documents required by such 

16 section 274A, including barriers imposed by the 

17 executive branch of the Government. 

18 (F) Any particular challenges facing indi19 viduals who have employment authorized status 

20 who are members of a federally recognized In21 dian tribe in complying with the provisions of 

22 such section 274A. 

23 (e) REPEAL OF PILOT PROGRAMS AND E-VERIFY

24 AND TRANSITION PROCEDURES.— 


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1 (1) REPEAL.—Sections 401, 402, 403, 404, 

2 and 405 of the Illegal Immigration Reform and Im3 migrant Responsibility Act of 1996 (division C of 

4 Public Law 104–208; 8 U.S.C. 1324a note) are re5 pealed. 

6 (2) TRANSITION PROCEDURES.— 

7 (A) CONTINUATION OF E-VERIFY PRO8 GRAM.—Notwithstanding the repeals made by 

9 paragraph (1), the Secretary shall continue to 

10 operate the E-Verify Program as described in 

11 section 403 of the Illegal Immigration Reform 

12 and Immigrant Responsibility Act of 1996 (di13 vision C of Public Law 104–208; 8 U.S.C. 

14 1324a note), as in effect the minute before the 

15 date of the enactment of this Act, until the 

16 transition to the System described in section 

17 274A(d) of the Immigration and Nationality 

18 Act, as amended by subsection (a), is deter19 mined by the Secretary to be complete. 

20 (B) TRANSITION TO THE SYSTEM.—Any 

21 employer who was participating in the E-Verify 

22 Program described in section 403 of the Illegal 

23 Immigration Reform and Immigrant Responsi24 bility Act of 1996 (division C of Public Law 

25 104–208; 8 U.S.C. 1324a note), as in effect the 


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1 minute before the date of the enactment of this 

2 Act, shall participate in the System described in 

3 section 274A(d) of the Immigration and Na4 tionality Act, as amended by subsection (a), to 

5 the same extent and in the same manner that 

6 the employer participated in such E-Verify Pro7 gram. 

8 (3) CONSTRUCTION.—The repeal made by para9 graph (1) may not be construed to limit the author10 ity of the Secretary to allow or continue to allow the 

11 participation in such System of employers who have 

12 participated in such E-Verify Program, as in effect 

13 on the minute before the date of the enactment of 

14 this Act. 

15 (f) CONFORMING AMENDMENT.—Section 274(a) (8 

16 U.S.C. 1324(a)) is amended— 

17 (1) by striking paragraph (3); and 

18 (2) by redesignating paragraph (4) as para19 graph (3). 

20 SEC. 3102. INCREASING SECURITY AND INTEGRITY OF SO21 CIAL SECURITY CARDS. 

22 (a) FRAUD-RESISTANT, TAMPER-RESISTANT, WEAR23 RESISTANT, AND IDENTITY THEFT-RESISTANT SOCIAL

24 SECURITY CARDS.— 

25 (1) ISSUANCE.— 


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1 (A) PRELIMINARY WORK.—Not later than 

2 180 days after the date of the enactment of this 

3 Act, the Commissioner of Social Security shall 

4 begin work to administer and issue fraud-resist5 ant, tamper-resistant, wear-resistant, and iden6 tity theft-resistant social security cards. 

7 (B) COMPLETION.—Not later than 5 years 

8 after the date of the enactment of this Act, the 

9 Commissioner of Social Security shall issue only 

10 social security cards determined to be fraud-re11 sistant, tamper-resistant, wear-resistant, and 

12 identity theft-resistant. 

13 (2) AMENDMENT.— 

14 (A) IN GENERAL.—Section 205(c)(2)(G) of 

15 the Social Security Act (42 U.S.C. 

16 405(c)(2)(G)) is amended by striking the sec17 ond sentence and inserting the following: ‘‘The 

18 social security card shall be fraud-resistant, 

19 tamper-resistant, wear-resistant, and identity 

20 theft-resistant.’’. 

21 (B) EFFECTIVE DATE.—The amendment 

22 made by subparagraph (A) shall take effect on 

23 the date that is 5 years after the date of the 

24 enactment of this Act. 


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1 (3) AUTHORIZATION OF APPROPRIATION.— 

2 There are authorized to be appropriated, from the 

3 Comprehensive Immigration Reform Trust Fund es4 tablished under section 9(a)(1), such sums as may 

5 be necessary to carry out this section and the 

6 amendments made by this section. 

7 (4) EMERGENCY DESIGNATION FOR CONGRES8 SIONAL ENFORCEMENT.—In the Senate, amounts 

9 made available under this subsection are designated 

10 as an emergency requirement pursuant to section 

11 403(a) of S. Con. Res. 13 (111th Congress), the 

12 concurrent resolution on the budget for fiscal year 

13 2010. 

14 (5) EMERGENCY DESIGNATION FOR STATUTORY

15 PAYGO.—Amounts made available under this sub16 section are designated as an emergency requirement 

17 under section 4(g) of the Statutory Pay-As-You-Go 

18 Act of 2010 (Public Law 111–139; 2 U.S.C. 

19 933(g)). 

20 (b) MULTIPLE CARDS.—Section 205(c)(2)(G) of the 

21 Social Security Act (42 U.S.C. 405(c)(2)(G)), as amended 

22 by subsection (a)(2), is amended— 

23 (1) by inserting ‘‘(i)’’ after ‘‘(G)’’; and 

24 (2) by adding at the end the following: 


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1 ‘‘(ii) The Commissioner of Social Security shall re2 strict the issuance of multiple replacement social security 

3 cards to any individual to 3 per year and 10 for the life 

4 of the individual, except that the Commissioner may allow 

5 for reasonable exceptions from the limits under this clause 

6 on a case-by-case basis in compelling circumstances.’’. 

7 (c) CRIMINAL PENALTIES.— 

8 (1) SOCIAL SECURITY FRAUD.— 

9 (A) IN GENERAL.—Chapter 47 of title 18, 

10 United States Code, is amended by inserting at 

11 the end the following: 

12 ‘‘§ 1041. Social security fraud 

13 ‘‘Any person who— 

14 ‘‘(1) knowingly possesses or uses a social secu15 rity account number or social security card knowing 

16 that the number or card was obtained from the 

17 Commissioner of Social Security by means of fraud 

18 or false statement; 

19 ‘‘(2) knowingly and falsely represents a number 

20 to be the social security account number assigned by 

21 the Commissioner of Social Security to him or her 

22 or to another person, when such number is known 

23 not to be the social security account number as24 signed by the Commissioner of Social Security to 

25 him or her or to such other person; 


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1 ‘‘(3) knowingly, and without lawful authority, 

2 buys, sells, or possesses with intent to buy or sell a 

3 social security account number or a social security 

4 card that is or purports to be a number or card 

5 issued by the Commissioner of Social Security; 

6 ‘‘(4) knowingly alters, counterfeits, forges, or 

7 falsely makes a social security account number or a 

8 social security card; 

9 ‘‘(5) knowingly uses, distributes, or transfers a 

10 social security account number or a social security 

11 card knowing the number or card to be intentionally 

12 altered, counterfeited, forged, falsely made, or sto13 len; or 

14 ‘‘(6) without lawful authority, knowingly pro15 duces or acquires for any person a social security ac16 count number, a social security card, or a number 

17 or card that purports to be a social security account 

18 number or social security card, 

19 shall be fined under this title, imprisoned not more than 

20 5 years, or both.’’. 

21 (B) TABLE OF SECTIONS AMENDMENT.— 

22 The table of sections for chapter 47 of title 18, 

23 United States Code, is amended by adding after 

24 the item relating to section 1040 the following: 

‘‘1041. Social security fraud.’’. 

25 (2) INFORMATION DISCLOSURE.— 


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1 (A) IN GENERAL.—Notwithstanding any 

2 other provision of law and subject to subpara3 graph (B), the Commissioner of Social Security 

4 shall disclose for the purpose of investigating a 

5 violation of section 1041 of title 18, United 

6 States Code, or section 274A, 274B, or 274C 

7 of the Immigration and Nationality Act (8 

8 U.S.C. 1324a, 1324b, and 1324c), after receiv9 ing a written request from an officer in a super10 visory position or higher official of any Federal 

11 law enforcement agency, the following records 

12 of the Social Security Administration: 

13 (i) Records concerning the identity, 

14 address, location, or financial institution 

15 accounts of the holder of a social security 

16 account number or social security card. 

17 (ii) Records concerning the applica18 tion for and issuance of a social security 

19 account number or social security card. 

20 (iii) Records concerning the existence 

21 or nonexistence of a social security account 

22 number or social security card. 

23 (B) LIMITATION.—The Commissioner of 

24 Social Security shall not disclose any tax return 

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1 graph (A) except as authorized by section 6103 

2 of the Internal Revenue Code of 1986. 

3 SEC. 3103. INCREASING SECURITY AND INTEGRITY OF IM4 MIGRATION DOCUMENTS. 

5 Not later than 1 year after the date of the enactment 

6 of this Act, the Secretary shall submit a report to Con7 gress on the feasibility, advantages, and disadvantages of 

8 including, in addition to a photograph, other biometric in9 formation on each employment authorization document 

10 issued by the Department. 

11 SEC. 3104. RESPONSIBILITIES OF THE SOCIAL SECURITY 

12 ADMINISTRATION. 

13 Title XI of the Social Security Act (42 U.S.C. 1301 

14 et seq.) is amended by adding at the end the following 

15 new part: 

16 ‘‘PART E—EMPLOYMENT VERIFICATION

17 ‘‘RESPONSIBILITIES OF THE COMMISSIONER OF SOCIAL

18 SECURITY

19 ‘‘SEC. 1186. (a) CONFIRMATION OF EMPLOYMENT

20 VERIFICATION DATA.—As part of the employment 

21 verification system established by the Secretary of Home22 land Security under the provisions of section 274A of the 

23 Immigration and Nationality Act (8 U.S.C. 1324a) (in 

24 this section referred to as the ‘System’), the Commissioner 

25 of Social Security shall, subject to the provisions of section 


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1 274A(d) of the Immigration and Nationality Act (8 U.S.C. 

2 1324a(d)), establish a reliable, secure method that, oper3 ating through the System and within the time periods 

4 specified in section 274A(d) of such Act— 

5 ‘‘(1) compares the name, date of birth, social 

6 security account number, and available citizenship 

7 information provided in an inquiry against such in8 formation maintained by the Commissioner in order 

9 to confirm (or not confirm) the validity of the infor10 mation provided regarding an individual whose iden11 tity and employment eligibility must be confirmed; 

12 ‘‘(2) determines the correspondence of the 

13 name, date of birth, and number; 

14 ‘‘(3) determines whether the name and number 

15 belong to an individual who is deceased according to 

16 the records maintained by the Commissioner; 

17 ‘‘(4) determines whether an individual is a na18 tional of the United States, as defined in section 

19 101(a)(22) of the Immigration and Nationality Act 

20 (8 U.S.C. 1101(a)(22)); and 

21 ‘‘(5) determines whether the individual has pre22 sented a social security account number that is not 

23 valid for employment. 

24 ‘‘(b) PROHIBITION.—The System shall not disclose or 

25 release social security information to employers through 


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1 the confirmation system (other than such confirmation or 

2 nonconfirmation, information provided by the employer to 

3 the System, or the reason for the issuance of a further 

4 action notice).’’. 

5 SEC. 3105. IMPROVED PROHIBITION ON DISCRIMINATION 

6 BASED ON NATIONAL ORIGIN OR CITIZEN7 SHIP STATUS. 

8 (a) IN GENERAL.—Section 274B(a) (8 U.S.C. 

9 1324b(a)) is amended to read as follows: 

10 ‘‘(a) PROHIBITION ON DISCRIMINATION BASED ON

11 NATIONAL ORIGIN OR CITIZENSHIP STATUS.— 

12 ‘‘(1) PROHIBITION ON DISCRIMINATION GEN13 ERALLY.—It is an unfair immigration-related em14 ployment practice for a person, other entity, or em15 ployment agency, to discriminate against any indi16 vidual (other than an unauthorized alien defined in 

17 section 274A(b)) because of such individual’s na18 tional origin or citizenship status, with respect to the 

19 following: 

20 ‘‘(A) The hiring of the individual for em21 ployment. 

22 ‘‘(B) The verification of the individual’s 

23 eligibility to work in the United States. 

24 ‘‘(C) The discharging of the individual 

25 from employment. 


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1 ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 

2 apply to the following: 

3 ‘‘(A) A person, other entity, or employer 

4 that employs 3 or fewer employees, except for 

5 an employment agency. 

6 ‘‘(B) A person’s or entity’s discrimination 

7 because of an individual’s national origin if the 

8 discrimination with respect to that employer, 

9 person, or entity and that individual is covered 

10 under section 703 of the Civil Rights Act of 

11 1964 (42 U.S.C. 2000e–2), unless the discrimi12 nation is related to an individual’s verification 

13 of employment authorization. 

14 ‘‘(C) Discrimination because of citizenship 

15 status which— 

16 ‘‘(i) is otherwise required in order to 

17 comply with a provision of Federal, State, 

18 or local law related to law enforcement; 

19 ‘‘(ii) is required by Federal Govern20 ment contract; or 

21 ‘‘(iii) the Secretary or Attorney Gen22 eral determines to be essential for an em23 ployer to do business with an agency or de24 partment of the Federal Government or a 

25 State, local, or tribal government. 


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1 ‘‘(3) ADDITIONAL EXCEPTION PROVIDING

2 RIGHT TO PREFER EQUALLY QUALIFIED CITIZENS.— 

3 Notwithstanding any other provision of this section, 

4 it is not an unfair immigration-related employment 

5 practice for an employer (as defined in section 

6 274A(b)) to prefer to hire, recruit, or refer for a fee 

7 an individual who is a citizen or national of the 

8 United States over another individual who is an 

9 alien if the 2 individuals are equally qualified. 

10 ‘‘(4) UNFAIR IMMIGRATION-RELATED EMPLOY11 MENT PRACTICES RELATING TO THE SYSTEM.—It is 

12 also an unfair immigration-related employment prac13 tice for a person, other entity, or employment agen14 cy— 

15 ‘‘(A) to discharge or constructively dis16 charge an individual solely due to a further ac17 tion notice issued by the Employment 

18 Verification System created by section 274A 

19 until the administrative appeal described in sec20 tion 274A(d)(6) is completed; 

21 ‘‘(B) to use the System with regard to any 

22 person for any purpose except as authorized by 

23 section 274A(d); 

24 ‘‘(C) to use the System to reverify the em25 ployment authorization of a current employee, 


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1 including an employee continuing in employ2 ment, other than reverification upon expiration 

3 of employment authorization, or as otherwise 

4 authorized under section 274A(d) or by regula5 tion; 

6 ‘‘(D) to use the System selectively for em7 ployees, except where authorized by law; 

8 ‘‘(E) to fail to provide to an individual any 

9 notice required in section 274A(d) within the 

10 relevant time period; 

11 ‘‘(F) to use the System to deny workers’ 

12 employment or post-employment benefits; 

13 ‘‘(G) to misuse the System to discriminate 

14 based on national origin or citizenship status; 

15 ‘‘(H) to require an employee or prospective 

16 employee to use any self-verification feature of 

17 the System or provide, as a condition of appli18 cation or employment, any self-verification re19 sults; 

20 ‘‘(I) to use an immigration status 

21 verification system, service, or method other 

22 than those described in section 274A for pur23 poses of verifying employment eligibility; or 

24 ‘‘(J) to grant access to document 

25 verification or System data, to any individual or 


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1 entity other than personnel authorized to have 

2 such access, or to fail to take reasonable safe3 guards to protect against unauthorized loss, 

4 use, alteration, or destruction of System data. 

5 ‘‘(5) PROHIBITION OF INTIMIDATION OR RETAL6 IATION.—It is also an unfair immigration-related 

7 employment practice for a person, other entity, or 

8 employment agency to intimidate, threaten, coerce, 

9 or retaliate against any individual— 

10 ‘‘(A) for the purpose of interfering with 

11 any right or privilege secured under this sec12 tion; or 

13 ‘‘(B) because the individual intends to file 

14 or has filed a charge or a complaint, testified, 

15 assisted, or participated in any manner in an 

16 investigation, proceeding, or hearing under this 

17 section. 

18 ‘‘(6) TREATMENT OF CERTAIN DOCUMENTARY

19 PRACTICES AS EMPLOYMENT PRACTICES.—A per20 son’s, other entity’s, or employment agency’s re21 quest, for purposes of verifying employment eligi22 bility, for more or different documents than are re23 quired under section 274A, or for specific docu24 ments, or refusing to honor documents tendered that 


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1 reasonably appear to be genuine shall be treated as 

2 an unfair immigration-related employment practice. 

3 ‘‘(7) PROHIBITION OF WITHHOLDING EMPLOY4 MENT RECORDS.—It is an unfair immigration-re5 lated employment practice for an employer that is 

6 required under Federal, State, or local law to main7 tain records documenting employment, including 

8 dates or hours of work and wages received, to fail 

9 to provide such records to any employee upon re10 quest. 

11 ‘‘(8) PROFESSIONAL, COMMERCIAL, AND BUSI12 NESS LICENSES.—An individual who is authorized to 

13 be employed in the United States may not be denied 

14 a professional, commercial, or business license on 

15 the basis of his or her immigration status. 

16 ‘‘(9) EMPLOYMENT AGENCY DEFINED.—In this 

17 section, the term ‘employment agency’ means any 

18 employer, person, or entity regularly undertaking 

19 with or without compensation to procure employees 

20 for an employer or to procure for employees oppor21 tunities to work for an employer and includes an 

22 agent of such employer, person, or entity.’’. 

23 (b) REFERRAL BY EEOC.—Section 274B(b) (8 

24 U.S.C. 1324b(b)) is amended by adding at the end the 

25 following: 


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1 ‘‘(3) REFERRAL BY EEOC.—The Equal Employ2 ment Opportunity Commission shall refer all matters 

3 alleging immigration-related unfair employment 

4 practices filed with the Commission, including those 

5 alleging violations of paragraphs (1), (4), (5), and 

6 (6) of subsection (a) to the Special Counsel for Im7 migration-Related Unfair Employment Practices of 

8 the Department of Justice.’’. 

9 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

10 274B(l)(3) (8 U.S.C. 1324b(l)(3)) is amended by striking 

11 the period at the end and inserting ‘‘and an additional 

12 $40,000,000 for each of fiscal years 2014 through 2016.’’. 

13 (d) FINES.— 

14 (1) IN GENERAL.—Section 274B(g)(2)(B) (8 

15 U.S.C. 1324b(g)(2)(B)) is amended by striking 

16 clause (iv) and inserting the following: 

17 ‘‘(iv) to pay any applicable civil pen18 alties prescribed below, the amounts of 

19 which may be adjusted periodically to ac20 count for inflation as provided by law— 

21 ‘‘(I) except as provided in sub22 clauses (II) through (IV), to pay a 

23 civil penalty of not less than $2,000 

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1 dividual subjected to an unfair immi2 gration-related employment practice; 

3 ‘‘(II) except as provided in sub4 clauses (III) and (IV), in the case of 

5 an employer, person, or entity pre6 viously subject to a single order under 

7 this paragraph, to pay a civil penalty 

8 of not less than $4,000 and not more 

9 than $10,000 for each individual sub10 jected to an unfair immigration-re11 lated employment practice; 

12 ‘‘(III) except as provided in sub13 clause (IV), in the case of an em14 ployer, person, or entity previously 

15 subject to more than 1 order under 

16 this paragraph, to pay a civil penalty 

17 of not less than $8,000 and not more 

18 than $25,000 for each individual sub19 jected to an unfair immigration-re20 lated employment practice; and 

21 ‘‘(IV) in the case of an unfair im22 migration-related employment practice 

23 described in paragraphs (4) through 

24 (7) of subsection (a), to pay a civil 

25 penalty of not less than $500 and not 


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1 more than $2,000 for each individual 

2 subjected to an unfair immigration-re3 lated employment practice.’’. 

4 (2) EFFECTIVE DATE.—The amendment made 

5 by paragraph (1) shall take effect on the date that 

6 is 1 year after the date of the enactment of this Act 

7 and apply to violations occurring on or after such 

8 date of enactment. 

9 SEC. 3106. RULEMAKING. 

10 (a) INTERIM FINAL REGULATIONS.— 

11 (1) IN GENERAL.—Not later than 1 year after 

12 the date of the enactment of this Act— 

13 (A) the Secretary, shall issue regulations 

14 implementing sections 3101 and 3104 and the 

15 amendments made by such sections (except for 

16 section 274A(d)(7) of the Immigration and Na17 tionality Act); and 

18 (B) the Attorney General shall issue regu19 lations implementing section 274A(d)(7) of the 

20 Immigration and Nationality Act, as added by 

21 section 3101, section 3105, and the amend22 ments made by such sections. 

23 (2) EFFECTIVE DATE.—Regulations issued pur24 suant to paragraph (1) shall be effective immediately 

25 on an interim basis, but are subject to change and 


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1 revision after public notice and opportunity for a pe2 riod for public comment. 

3 (b) FINAL REGULATIONS.—Within a reasonable time 

4 after publication of the interim regulations under sub5 section (a), the Secretary, in consultation with the Com6 missioner of Social Security and the Attorney General, 

7 shall publish final regulations implementing this subtitle. 

8 SEC. 3107. OFFICE OF THE SMALL BUSINESS AND EM9 PLOYEE ADVOCATE. 

10 (a) ESTABLISHMENT OF SMALL BUSINESS AND EM11 PLOYEE ADVOCATE.—The Secretary shall establish and 

12 maintain within U.S. Citizenship and Immigration Serv13 ices the Office of the Small Business and Employee Advo14 cate (in this section referred to as the ‘‘Office’’). The pur15 pose of the Office shall be to assist small businesses and 

16 individuals in complying with the requirements of section 

17 274A of the Immigration and Nationality Act (8 U.S.C. 

18 1324a), as amended by this Act, including the resolution 

19 of conflicts arising in the course of attempted compliance 

20 with such requirements. 

21 (b) FUNCTIONS.—The functions of the Office shall 

22 include, but not be limited to, the following: 

23 (1) Informing small businesses and individuals 

24 about the verification practices required by section 

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1 cluding, but not limited to, the document verification 

2 requirements and the employment verification sys3 tem requirements under subsections (c) and (d) of 

4 that section. 

5 (2) Assisting small businesses and individuals 

6 in addressing allegedly erroneous further action no7 tices and nonconfirmations issued under subsection 

8 (d) of section 274A of the Immigration and Nation9 ality Act. 

10 (3) Informing small businesses and individuals 

11 of the financial liabilities and criminal penalties that 

12 apply to violations and failures to comply with the 

13 requirements of section 274A of the Immigration 

14 and Nationality Act, including, but not limited to, by 

15 issuing best practices for compliance with that sec16 tion. 

17 (4) To the extent practicable, proposing 

18 changes to the Secretary in the administrative prac19 tices of the employment verification system required 

20 under subsection (d) of section 274A of the Immi21 gration and Nationality Act to mitigate the problems 

22 identified under paragraph (2). 

23 (5) Making recommendations through the Sec24 retary to Congress for legislative action to mitigate 

25 such problems. 


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1 (c) AUTHORITY TO ISSUE ASSISTANCE ORDER.— 

2 (1) IN GENERAL.—Upon application filed by a 

3 small business or individual with the Office (in such 

4 form, manner, and at such time as the Secretary 

5 shall by regulations prescribe), the Office may issue 

6 an assistance order if— 

7 (A) the Office determines the small busi8 ness or individual is suffering or about to suffer 

9 a significant hardship as a result of the manner 

10 in which the employment verification laws 

11 under subsections (c) and (d) of section 274A 

12 of the Immigration and Nationality Act are 

13 being administered by the Secretary; or 

14 (B) the small business or individual meets 

15 such other requirements as are set forth in reg16 ulations prescribed by the Secretary. 

17 (2) DETERMINATION OF HARDSHIP.—For pur18 poses of paragraph (1), a significant hardship shall 

19 include— 

20 (A) an immediate threat of adverse action; 

21 (B) a delay of more than 60 days in resolv22 ing employment verification system problems; 

23 (C) the incurring by the small business or 

24 individual of significant costs if relief is not 

25 granted; or 


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1 (D) irreparable injury to, or a long-term 

2 adverse impact on, the small business or indi3 vidual if relief is not granted. 

4 (3) STANDARDS WHEN ADMINISTRATIVE GUID5 ANCE NOT FOLLOWED.—In cases where a U.S. Citi6 zenship and Immigration Services employee is not 

7 following applicable published administrative guid8 ance, the Office shall construe the factors taken into 

9 account in determining whether to issue an assist10 ance order under this subsection in the manner most 

11 favorable to the small business or individual. 

12 (4) TERMS OF ASSISTANCE ORDER.—The terms 

13 of an assistance order under this subsection may re14 quire the Secretary within a specified time period— 

15 (A) to determine whether any employee is 

16 or is not authorized to work in the United 

17 States; or 

18 (B) to abate any penalty under section 

19 274A of the Immigration and Nationality Act 

20 that the Office determines is arbitrary, capri21 cious, or disproportionate to the underlying of22 fense. 

23 (5) AUTHORITY TO MODIFY OR RESCIND.—Any 

24 assistance order issued by the Office under this sub25 section may be modified or rescinded— 


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1 (A) only by the Office, the Director or 

2 Deputy Director of U.S. Citizenship and Immi3 gration Services, or the Secretary or the Sec4 retary’s designee; and 

5 (B) if rescinded by the Director or Deputy 

6 Director of U.S. Citizenship and Immigration 

7 Services, only if a written explanation of the 

8 reasons of such official for the modification or 

9 rescission is provided to the Office. 

10 (6) SUSPENSION OF RUNNING OF PERIOD OF

11 LIMITATION.—The running of any period of limita12 tion with respect to an action described in paragraph 

13 (4)(A) shall be suspended for— 

14 (A) the period beginning on the date of the 

15 small business or individual’s application under 

16 paragraph (1) and ending on the date of the 

17 Office’s decision with respect to such applica18 tion; and 

19 (B) any period specified by the Office in 

20 an assistance order issued under this subsection 

21 pursuant to such application. 

22 (7) INDEPENDENT ACTION OF OFFICE.—Noth23 ing in this subsection shall prevent the Office from 

24 taking any action in the absence of an application 

25 under paragraph (1). 


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1 (d) ACCESSIBILITY TO THE PUBLIC.— 

2 (1) IN PERSON, ONLINE, AND TELEPHONE AS3 SISTANCE.—The Office shall provide information 

4 and assistance specified in subsection (b) in person 

5 at locations designated by the Secretary, online 

6 through an Internet website of the Department 

7 available to the public, and by telephone. 

8 (2) AVAILABILITY TO ALL EMPLOYERS.—In 

9 making information and assistance available, the Of10 fice shall prioritize the needs of small businesses and 

11 individuals. However, the information and assistance 

12 available through the Office shall be available to any 

13 employer. 

14 (e) AVOIDING DUPLICATION THROUGH COORDINA15 TION.—In the discharge of the functions of the Office, the 

16 Secretary shall consult with the Secretary of Labor, the 

17 Secretary of Agriculture, the Commissioner, the Attorney 

18 General, the Equal Employment Opportunity Commission, 

19 and the Administrator of the Small Business Administra20 tion in order to avoid duplication of efforts across the Fed21 eral Government. 

22 (f) DEFINITIONS.—In this section: 

23 (1) The term ‘‘employer’’ has the meaning 

24 given that term in section 274A(b) of the Immigra25 tion and Nationality Act. 


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1 (2) The term ‘‘small business’’ means an em2 ployer with 49 or fewer employees. 

3 (g) FUNDING.—There shall be appropriated, from the 

4 Comprehensive Immigration Reform Trust Fund estab5 lished by section 9(a)(1) of this Act, such sums as may 

6 be necessary to carry out the functions of the Office. 

7 Subtitle B—Protecting United 

8 States Workers 

9 SEC. 3201. PROTECTIONS FOR VICTIMS OF SERIOUS VIOLA10 TIONS OF LABOR AND EMPLOYMENT LAW OR 

11 CRIME. 

12 (a) IN GENERAL.—Section 101(a)(15)(U) (8 U.S.C. 

13 1101(a)(15)(U)) is amended— 

14 (1) in clause (i)— 

15 (A) by amending subclause (I) to read as 

16 follows: 

17 ‘‘(I) the alien— 

18 ‘‘(aa) has suffered substantial 

19 physical or mental abuse or substan20 tial harm as a result of having been a 

21 victim of criminal activity described in 

22 clause (iii) or of a covered violation 

23 described in clause (iv); or 

24 ‘‘(bb) is a victim of criminal ac25 tivity described in clause (iii) or of a 


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1 covered violation described in clause 

2 (iv) and would suffer extreme hard3 ship upon removal;’’; 

4 (B) in subclause (II), by inserting ‘‘, or a 

5 covered violation resulting in a claim described 

6 in clause (iv) that is not the subject of a frivo7 lous lawsuit by the alien’’ before the semicolon 

8 at the end; and 

9 (C) by amending subclauses (III) and (IV) 

10 to read as follows: 

11 ‘‘(III) the alien (or in the case of an 

12 alien child who is younger than 16 years of 

13 age, the parent, legal guardian, or next 

14 friend of the alien) has been helpful, is 

15 being helpful, or is likely to be helpful to— 

16 ‘‘(aa) a Federal, State, or local 

17 law enforcement official, a Federal, 

18 State, or local prosecutor, a Federal, 

19 State, or local judge, the Department 

20 of Homeland Security, the Equal Em21 ployment Opportunity Commission, 

22 the Department of Labor, or other 

23 Federal, State, or local authorities in24 vestigating or prosecuting criminal ac25 tivity described in clause (iii); or 


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1 ‘‘(bb) any Federal, State, or local 

2 governmental agency or judge inves3 tigating, prosecuting, or seeking civil 

4 remedies for any cause of action, 

5 whether criminal, civil, or administra6 tive, arising from a covered violation 

7 described in clause (iv) and presents a 

8 certification from such Federal, State, 

9 or local governmental agency or judge 

10 attesting that the alien has been help11 ful, is being helpful, or is likely to be 

12 helpful to such agency in the inves13 tigation, prosecution, or adjudication 

14 arising from a covered violation de15 scribed in clause (iv); and 

16 ‘‘(IV) the criminal activity described 

17 in clause (iii) or the covered violation de18 scribed in clause (iv)— 

19 ‘‘(aa) violated the laws of the 

20 United States; or 

21 ‘‘(bb) occurred in the United 

22 States (including Indian country and 

23 military installations) or the terri24 tories and possessions of the United 

25 States;’’; 


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1 (2) in clause (ii)(II), by striking ‘‘and’’ at the 

2 end; 

3 (3) by moving clause (iii) 2 ems to the left; 

4 (4) in clause (iii), by inserting ‘‘child abuse; 

5 elder abuse;’’ after ‘‘stalking;’’; 

6 (5) by adding at the end the following: 

7 ‘‘(iv) a covered violation referred to in this 

8 clause is— 

9 ‘‘(I) a serious violation involving 1 or more 

10 of the following or any similar activity in viola11 tion of any Federal, State, or local law: serious 

12 workplace abuse, exploitation, retaliation, or 

13 violation of whistleblower protections; 

14 ‘‘(II) a violation giving rise to a civil cause 

15 of action under section 1595 of title 18, United 

16 States Code; or 

17 ‘‘(III) a violation resulting in the depriva18 tion of due process or constitutional rights.’’. 

19 (b) SAVINGS PROVISION.—Nothing in section 

20 101(a)(15)(U)(iv)(I) of the Immigration and Nationality 

21 Act, as added by subsection (a), may be construed as al22 tering the definition of retaliation or discrimination under 

23 any other provision of law. 


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1 (c) TEMPORARY STAY OF REMOVAL.—Section 274A 

2 (8 U.S.C. 1324a), as amended by section 3101, is further 

3 amended— 

4 (1) in subsection (e) by adding at the end the 

5 following: 

6 ‘‘(10) CONDUCT IN ENFORCEMENT ACTIONS.— 

7 If the Secretary undertakes an enforcement action 

8 at a facility about which a bona fide workplace claim 

9 has been filed or is contemporaneously filed, or as 

10 a result of information provided to the Secretary in 

11 retaliation against employees for exercising their 

12 rights related to a bona fide workplace claim, the 

13 Secretary shall ensure that— 

14 ‘‘(A) any aliens arrested or detained who 

15 are necessary for the investigation or prosecu16 tion of a bona fide workplace claim or criminal 

17 activity (as described in subparagraph (T) or 

18 (U) of section 101(a)(15)) are not removed 

19 from the United States until after the Sec20 retary— 

21 ‘‘(i) notifies the appropriate law en22 forcement agency with jurisdiction over 

23 such violations or criminal activity; and 

24 ‘‘(ii) provides such agency with the 

25 opportunity to interview such aliens; 


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1 ‘‘(B) no aliens entitled to a stay of removal 

2 or abeyance of removal proceedings under this 

3 section are removed; and 

4 ‘‘(C) the Secretary shall stay the removal 

5 of an alien who— 

6 ‘‘(i) has filed a claim regarding a cov7 ered violation described in clause (iv) of 

8 section 101(a)(15)(U) and is the victim of 

9 the same violations under an existing in10 vestigation; 

11 ‘‘(ii) is a material witness in any 

12 pending or anticipated proceeding involving 

13 a bona fide workplace claim or civil rights 

14 claim; or 

15 ‘‘(iii) has filed for relief under such 

16 section if the alien is working with law en17 forcement as described in clause (i)(III) of 

18 such section.’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(m) VICTIMS OF CRIMINAL ACTIVITY OR LABOR

21 AND EMPLOYMENT VIOLATIONS.—The Secretary of 

22 Homeland Security may permit an alien to remain tempo23 rarily in the United States and authorize the alien to en24 gage in employment in the United States if the Secretary 

25 determines that the alien— 


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1 ‘‘(1) has filed for relief under section 

2 101(a)(15)(U); or 

3 ‘‘(2)(A) has filed, or is a material witness to, a 

4 bona fide claim or proceedings resulting from a cov5 ered violation (as defined in section 

6 101(a)(15)(U)(iv)); and 

7 ‘‘(B) has been helpful, is being helpful, or is 

8 likely to be helpful, in the investigation, prosecution 

9 of, or pursuit of civil remedies related to the claim 

10 arising from a covered violation, to— 

11 ‘‘(i) a Federal, State, or local law enforce12 ment official; 

13 ‘‘(ii) a Federal, State, or local prosecutor; 

14 ‘‘(iii) a Federal, State, or local judge; 

15 ‘‘(iv) the Department of Homeland Secu16 rity; 

17 ‘‘(v) the Equal Employment Opportunity 

18 Commission; or 

19 ‘‘(vi) the Department of Labor.’’. 

20 (d) CONFORMING AMENDMENTS.—Section 214(p) (8 

21 U.S.C. 1184(p)) is amended— 

22 (1) in paragraph (1), by striking ‘‘in section 

23 101(a)(15)(U)(iii).’’ both places it appears and in24 serting ‘‘in clause (iii) of section 101(a)(15)(U) or 

25 investigating, prosecuting, or seeking civil remedies 


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1 for claims resulting from a covered violation de2 scribed in clause (iv) of such section.’’; and 

3 (2) in the first sentence of paragraph (6)— 

4 (A) by striking ‘‘in section 

5 101(a)(15)(U)(iii)’’ and inserting ‘‘in clause 

6 (iii) of section 101(a)(15)(U) or claims result7 ing from a covered violation described in clause 

8 (iv) of such section’’; and 

9 (B) by inserting ‘‘or claim arising from a 

10 covered violation’’ after ‘‘prosecution of such 

11 criminal activity’’. 

12 (e) MODIFICATION OF LIMITATION ON AUTHORITY

13 TO ADJUST STATUS FOR VICTIMS OF CRIMES.—Section 

14 245(m)(1) (8 U.S.C. 1255(m)(1)) is amended, in the mat15 ter before subparagraph (A), by inserting ‘‘or an investiga16 tion or prosecution regarding a workplace or civil rights 

17 claim’’ after ‘‘prosecution’’. 

18 (f) EXPANSION OF LIMITATION ON SOURCES OF IN19 FORMATION THAT MAY BE USED TO MAKE ADVERSE

20 DETERMINATIONS.— 

21 (1) IN GENERAL.—Section 384(a)(1) of the Il22 legal Immigration Reform and Immigrant Responsi23 bility Act of 1996 (8 U.S.C. 1367(a)(1)) is amend24 ed— 


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1 (A) in each of subparagraphs (A) through 

2 (D), by striking the comma at the end and in3 serting a semicolon; 

4 (B) subparagraph (E), by striking ‘‘the 

5 criminal activity,’’ and inserting ‘‘abuse and the 

6 criminal activity or bona fide workplace claim 

7 (as defined in subsection (e));’’; 

8 (C) in subparagraph (F), by striking ‘‘, the 

9 trafficker or perpetrator,’’ and inserting ‘‘), the 

10 trafficker or perpetrator; or’’; and 

11 (D) by inserting after subparagraph (F) 

12 the following: 

13 ‘‘(G) the alien’s employer; or’’. 

14 (2) WORKPLACE CLAIM DEFINED.—Section 384 

15 of such Act (8 U.S.C. 1367) is amended by adding 

16 at the end the following: 

17 ‘‘(e) WORKPLACE CLAIMS.— 

18 ‘‘(1) WORKPLACE CLAIMS DEFINED.— 

19 ‘‘(A) IN GENERAL.—In subsection (a)(1), 

20 the term ‘workplace claim’ means any claim, pe21 tition, charge, complaint, or grievance filed 

22 with, or submitted to, a Federal, State, or local 

23 agency or court, relating to the violation of ap24 plicable Federal, State, or local labor or employ25 ment laws. 


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1 ‘‘(B) CONSTRUCTION.—Subparagraph (A) 

2 may not be construed to alter what constitutes 

3 retaliation or discrimination under any other 

4 provision of law. 

5 ‘‘(2) PENALTY FOR FALSE CLAIMS.—Any per6 son who knowingly presents a false or fraudulent 

7 claim to a law enforcement official in relation to a 

8 covered violation described in section 

9 101(a)(15)(U)(iv) of the Immigration and Nation10 ality Act for the purpose of obtaining a benefit 

11 under this section shall be subject to a civil penalty 

12 of not more than $1,000. 

13 ‘‘(3) LIMITATION ON STAY OF ADVERSE DETER14 MINATIONS.—In the case of an alien applying for 

15 status under section 101(a)(15)(U) of the Immigra16 tion and Nationality Act and seeking relief under 

17 that section, the prohibition on adverse determina18 tions under subsection (a) shall expire on the date 

19 that the alien’s application for status under such 

20 section is denied and all opportunities for appeal of 

21 the denial have been exhausted.’’. 

22 (g) REMOVAL PROCEEDINGS.—Section 239(e) (8 

23 U.S.C. 1229(e)) is amended— 

24 (1) in paragraph (1)— 


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1 (A) by striking ‘‘In cases where’’ and in2 serting ‘‘If’’; and 

3 (B) by striking ‘‘paragraph (2),’’ and in4 serting ‘‘paragraph (2) or as a result of infor5 mation provided to the Secretary of Homeland 

6 Security in retaliation against individuals for 

7 exercising or attempting to exercise their em8 ployment rights or other legal rights,’’; and 

9 (2) in paragraph (2), by adding at the end the 

10 following: 

11 ‘‘(C) At a facility about which a bona fide 

12 workplace claim has been filed or is contem13 poraneously filed.’’. 

14 SEC. 3202. EMPLOYMENT VERIFICATION SYSTEM EDU15 CATION FUNDING. 

16 (a) DISPOSITION OF CIVIL PENALTIES.—Penalties 

17 collected under subsections (e)(4) and (f)(3) of section 

18 274A of the Immigration and Nationality Act, amended 

19 by section 3101, shall be deposited, as offsetting receipts, 

20 into the Comprehensive Immigration Reform Trust Fund 

21 established under section 9(a)(1). 

22 (b) EXPENDITURES.—Amounts deposited into the 

23 Trust Fund under subsection (a) shall be made available 

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1 ments, obligations, and rights under the Employment 

2 Verification System. 

3 (c) DETERMINATION OF BUDGETARY EFFECTS.— 

4 (1) EMERGENCY DESIGNATION FOR CONGRES5 SIONAL ENFORCEMENT.—In the Senate, amounts 

6 made available under this section are designated as 

7 an emergency requirement pursuant to section 

8 403(a) of S. Con. Res. 13 (111th Congress), the 

9 concurrent resolution on the budget for fiscal year 

10 2010. 

11 (2) EMERGENCY DESIGNATION FOR STATUTORY

12 PAYGO.—Amounts made available under this section 

13 are designated as an emergency requirement under 

14 section 4(g) of the Statutory Pay-As-You-Go Act of 

15 2010 (Public Law 111–139; 2 U.S.C. 933(g)). 

16 SEC. 3203. DIRECTIVE TO THE UNITED STATES SEN17 TENCING COMMISSION. 

18 (a) IN GENERAL.—Pursuant to its authority under 

19 section 994 of title 28, United States Code, and in accord20 ance with subsection (b), the United States Sentencing 

21 Commission shall promulgate sentencing guidelines or 

22 amend existing sentencing guidelines to modify, if appro23 priate, the penalties imposed on persons convicted of of24 fenses under— 


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1 (1) section 274A of the Immigration and Na2 tionality Act (8 U.S.C. 1324a), as amended by sec3 tion 3101; 

4 (2) section 16 of the Fair Labor Standards Act 

5 of 1938 (29 U.S.C. 216); and 

6 (3) any other Federal law covering similar con7 duct. 

8 (b) REQUIREMENTS.—In carrying out subsection (a), 

9 the Sentencing Commission shall provide sentencing en10 hancements for any person convicted of an offense de11 scribed in subsection (a) if such offense involves— 

12 (1) the intentional confiscation of identification 

13 documents; 

14 (2) corruption, bribery, extortion, or robbery; 

15 (3) sexual abuse; 

16 (4) serious bodily injury; 

17 (5) an intent to defraud; or 

18 (6) a pattern of conduct involving multiple vio19 lations of law that— 

20 (A) creates, through knowing and inten21 tional conduct, a risk to the health or safety of 

22 any victim; or 

23 (B) denies payments due to victims for 

24 work completed. 


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1 Subtitle C—Other Provisions 

2 SEC. 3301. FUNDING. 

3 (a) ESTABLISHMENT OF THE INTERIOR ENFORCE4 MENT ACCOUNT.—There is hereby established in the 

5 Treasury of the United States an account which shall be 

6 known as the Interior Enforcement Account. 

7 (b) APPROPRIATIONS.—There are authorized to be 

8 appropriated to the Interior Enforcement Account 

9 $1,000,000,000 to carry out this title and the amend10 ments made by this title, including the following appro11 priations: 

12 (1) In each of the 5 years beginning on the date 

13 of the enactment of this Act, the appropriations nec14 essary to increase to a level not less than 5,000, by 

15 the end of such 5-year period, the total number of 

16 personnel of the Department assigned exclusively or 

17 principally to an office or offices in U.S. Citizenship 

18 and Immigration Services and U.S. Immigration and 

19 Customs Enforcement (and consistent with the mis20 sions of such agencies), dedicated to administering 

21 the System, and monitoring and enforcing compli22 ance with sections 274A, 274B, and 274C of the 

23 Immigration and Nationality Act (8 U.S.C. 1324a, 

24 1324b, and 1324c), including compliance with the 

25 requirements of the Electronic Verification System 


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1 established under section 274A(d) of the Immigra2 tion and Nationality Act (8 U.S.C. 1324a(d)), as 

3 amended by section 3101. Such personnel shall per4 form compliance and monitoring functions, including 

5 the following: 

6 (A) Verify compliance of employers partici7 pating in such System with the requirements 

8 for participation that are prescribed by the Sec9 retary. 

10 (B) Monitor such System for multiple uses 

11 of social security account numbers and immi12 gration identification numbers that could indi13 cate identity theft or fraud. 

14 (C) Monitor such System to identify dis15 criminatory or unfair practices. 

16 (D) Monitor such System to identify em17 ployers who are not using such System prop18 erly, including employers who fail to make 

19 available appropriate records with respect to 

20 their queries and any notices of confirmation, 

21 nonconfirmation, or further action. 

22 (E) Identify instances in which an em23 ployee alleges that an employer violated the em24 ployee’s privacy or civil rights, or misused such 


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1 System, and create procedures for an employee 

2 to report such an allegation. 

3 (F) Analyze and audit the use of such Sys4 tem and the data obtained through such System 

5 to identify fraud trends, including fraud trends 

6 across industries, geographical areas, or em7 ployer size. 

8 (G) Analyze and audit the use of such Sys9 tem and the data obtained through such System 

10 to develop compliance tools as necessary to re11 spond to changing patterns of fraud. 

12 (H) Provide employers with additional 

13 training and other information on the proper 

14 use of such System, including training related 

15 to privacy and employee rights. 

16 (I) Perform threshold evaluation of cases 

17 for referral to the Special Counsel for Immigra18 tion-Related Unfair Employment Practices of 

19 the Department of Justice or the Equal Em20 ployment Opportunity Commission, and other 

21 officials or agencies with responsibility for en22 forcing anti-discrimination, civil rights, privacy, 

23 or worker protection laws, as may be appro24 priate. 


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1 (J) Any other compliance and monitoring 

2 activities that the Secretary determines are nec3 essary to ensure the functioning of such Sys4 tem. 

5 (K) Investigate identity theft and fraud de6 tected through such System and undertake the 

7 necessary enforcement or referral actions. 

8 (L) Investigate use of or access to fraudu9 lent documents and undertake the necessary en10 forcement actions. 

11 (M) Perform any other investigations that 

12 the Secretary determines are necessary to en13 sure the lawful functioning of such System, and 

14 undertake any enforcement actions necessary as 

15 a result of such investigations. 

16 (2) The appropriations necessary to acquire, in17 stall, and maintain technological equipment nec18 essary to support the functioning of such System 

19 and the connectivity between U.S. Citizenship and 

20 Immigration Services and U.S. Immigration and 

21 Customs Enforcement, the Department of Justice, 

22 and other agencies or officials with respect to the 

23 sharing of information to support such System and 

24 related immigration enforcement actions. 


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1 (3) The appropriations necessary to establish a 

2 robust redress process for employees who wish to ap3 peal contested nonconfirmations to ensure the accu4 racy and fairness of such System. 

5 (4) The appropriations necessary to provide a 

6 means by which individuals may access their own 

7 employment authorization data to ensure the accu8 racy of such data, independent of an individual’s em9 ployer. 

10 (5) The appropriations necessary to carry out 

11 the identity authentication mechanisms described in 

12 section 274A(c)(1)(F) of the Immigration and Na13 tionality Act, as amended by section 3101(a). 

14 (6) The appropriations necessary for the Office 

15 for Civil Rights and Civil Liberties and the Office of 

16 Privacy of the Department to perform the respon17 sibilities of such Offices related to such System. 

18 (7) The appropriations necessary to make 

19 grants to States to support the States in assisting 

20 the Federal Government in carrying out the provi21 sions of this title and the amendments made by this 

22 title. 

23 (c) ESTABLISHMENT OF REIMBURSABLE AGREE24 MENT BETWEEN THE DEPARTMENT OF HOMELAND SE25 CURITY AND THE SOCIAL SECURITY ADMINISTRATION.— 


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1 Effective for fiscal years beginning on or after the date 

2 of enactment of this Act, the Secretary and the Commis3 sioner of Social Security shall enter into and maintain an 

4 agreement that— 

5 (1) provides funds to the Commissioner for the 

6 full costs of the responsibilities of the Commissioner 

7 under this section, including— 

8 (A) acquiring, installing, and maintaining 

9 technological equipment and systems necessary 

10 for the fulfillment of the responsibilities of the 

11 Commissioner under this section; and 

12 (B) responding to individuals who contest 

13 a further action notice provided by the employ14 ment verification system established under sec15 tion 274A of the Immigration and Nationality 

16 Act, as amended by section 3101; 

17 (2) provides such funds quarterly in advance of 

18 the applicable quarter based on estimating method19 ology agreed to by the Commissioner and the Sec20 retary; and 

21 (3) requires an annual accounting and reconcili22 ation of the actual costs incurred and the funds pro23 vided under the agreement which shall be reviewed 

24 by the Office of the Inspector General of the Social 

25 Security Administration and the Department. 


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1 (d) AUTHORIZATION OF APPROPRIATIONS TO THE

2 ATTORNEY GENERAL.—There are authorized to be appro3 priated to the Attorney General such sums as may be nec4 essary to carry out the provisions of this title and the 

5 amendments made by this title, including enforcing com6 pliance with section 274B of the Immigration and Nation7 ality Act, as amended by section 3105. 

8 (e) AUTHORIZATION OF APPROPRIATIONS TO THE

9 SECRETARY OF STATE.—There are authorized to be ap10 propriated to the Secretary of State such sums as may 

11 be necessary to carry out the provisions of this title and 

12 the amendments made by this title. 

13 SEC. 3302. EFFECTIVE DATE. 

14 Except as otherwise specifically provided, this title 

15 and the amendments made by this title shall take effect 

16 on the date of the enactment of this Act. 

17 SEC. 3303. MANDATORY EXIT SYSTEM. 

18 (a) ESTABLISHMENT.— 

19 (1) IN GENERAL.—Not later than December 31, 

20 2015, the Secretary shall establish a mandatory exit 

21 data system that shall include a requirement for the 

22 collection of data from machine-readable visas, pass23 ports, and other travel and entry documents for all 

24 categories of aliens who are exiting from air and sea 

25 ports of entry. 


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1 (2) BIOMETRIC EXIT DATA SYSTEM.—Not later 

2 than 2 years after the date of the enactment of this 

3 Act, the Secretary shall establish a mandatory bio4 metric exit data system at the 10 United States air5 ports that support the highest volume of inter6 national air travel, as determined by Department of 

7 Transportation international flight departure data. 

8 (3) REPORT.—Not later than 3 years after the 

9 date of the enactment of this Act, the Secretary 

10 shall submit a report to Congress that analyzes the 

11 effectiveness of biometric exit data collection at the 

12 10 airports referred to in paragraph (2). 

13 (4) MANDATORY BIOMETRIC EXIT DATA SYS14 TEM.—Absent intervening action by Congress, the 

15 Secretary, not later than 6 years after the date of 

16 the enactment of this Act, shall establish a manda17 tory biometric exit data system at all the Core 30 

18 international airports in the United States, as so 

19 designated by the Federal Aviation Administration. 

20 (5) EXPANSION OF BIOMETRIC EXIT DATA SYS21 TEM TO MAJOR SEA AND LAND PORTS.—Not later 

22 than 6 years after the date of the enactment of this 

23 Act, the Secretary shall submit a plan to Congress 

24 for the expansion of the biometric exit system to 


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1 major sea and land entry and exit points within the 

2 United States based upon— 

3 (A) the performance of the program estab4 lished pursuant to paragraph (2); 

5 (B) the findings of the study conducted 

6 pursuant to paragraph (3); and 

7 (C) the projected costs to develop and de8 ploy an effective biometric exit data system. 

9 (6) DATA COLLECTION.—There are authorized 

10 to be appropriated, from the Comprehensive Immi11 gration Reform Trust Fund established under sec12 tion 9(a)(1), such sums as may be necessary to 

13 carry out this section 

14 (b) INTEGRATION AND INTEROPERABILITY.— 

15 (1) INTEGRATION OF DATA SYSTEM.—The Sec16 retary shall fully integrate all data from databases 

17 and data systems that process or contain informa18 tion on aliens, which are maintained by— 

19 (A) the Department, at— 

20 (i) the U.S. Immigration and Customs 

21 Enforcement; 

22 (ii) the U.S. Customs and Border 

23 Protection; and 

24 (iii) the U.S. Citizenship and Immi25 gration Services; 


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1 (B) the Department of Justice, at the Ex2 ecutive Office for Immigration Review; and 

3 (C) the Department of State, at the Bu4 reau of Consular Affairs. 

5 (2) INTEROPERABLE COMPONENT.—The fully 

6 integrated data system under paragraph (1) shall be 

7 an interoperable component of the exit data system. 

8 (3) INTEROPERABLE DATA SYSTEM.—The Sec9 retary shall fully implement an interoperable elec10 tronic data system to provide current and immediate 

11 access to information in the databases of Federal 

12 law enforcement agencies and the intelligence com13 munity that is relevant to determine— 

14 (A) whether to issue a visa; or 

15 (B) the admissibility or deportability of an 

16 alien. 

17 (4) TRAINING.—The Secretary shall establish 

18 ongoing training modules on immigration law to im19 prove adjudications at United States ports of entry, 

20 consulates, and embassies. 

21 (c) INFORMATION SHARING.—The Secretary shall re22 port to the appropriate Federal law enforcement agency, 

23 intelligence agency, national security agency, or compo24 nent of the Department of Homeland Security any alien 

25 who was lawfully admitted into the United States and 


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1 whose individual data in the integrated exit data system 

2 shows that he or she has not departed the country when 

3 he or she was legally required to do so, and shall ensure 

4 that— 

5 (1) if the alien has departed the United States 

6 when he or she was legally required to do so, the in7 formation contained in the integrated exit data sys8 tem is updated to reflect the alien’s departure; or 

9 (2) if the alien has not departed the United 

10 States when he or she was legally required to do so, 

11 reasonably available enforcement resources are em12 ployed to locate the alien and to commence removal 

13 proceedings against the alien. 

14 SEC. 3304. IDENTITY-THEFT RESISTANT MANIFEST INFOR15 MATION FOR PASSENGERS, CREW, AND NON16 CREW ONBOARD DEPARTING AIRCRAFT AND 

17 VESSELS. 

18 (a) DEFINITIONS.—Except as otherwise specifically 

19 provided, in this section: 

20 (1) IDENTITY-THEFT RESISTANT COLLECTION

21 LOCATION.—The term ‘‘identity-theft resistant col22 lection location’’ means a location within an airport 

23 or seaport— 

24 (A) within the path of the departing alien, 

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1 cantly deviate from that path to comply with 

2 exit requirements at which air or vessel carrier 

3 employees, as applicable, either presently or 

4 routinely are available if an alien needs proc5 essing assistance; and 

6 (B) which is equipped with technology that 

7 can securely collect and transmit identity-theft 

8 resistant departure information to the Depart9 ment. 

10 (2) US–VISIT.—The term ‘‘US–VISIT’’ means 

11 the United States-Visitor and Immigrant Status In12 dicator Technology system. 

13 (b) IDENTITY THEFT RESISTANT MANIFEST INFOR14 MATION.— 

15 (1) PASSPORT OR VISA COLLECTION REQUIRE16 MENT.—Except as provided in subsection (c), an ap17 propriate official of each commercial aircraft or ves18 sel departing from the United States to any port or 

19 place outside the United States shall ensure trans20 mission to U.S. Customs and Border Protection of 

21 identity-theft resistant departure manifest informa22 tion covering alien passengers, crew, and non-crew. 

23 Such identity-theft resistant departure manifest in24 formation— 


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1 (A) shall be transmitted to U.S. Customs 

2 and Border Protection at the place and time 

3 specified in paragraph (3) by means approved 

4 by the Secretary; and 

5 (B) shall set forth the information speci6 fied in paragraph (4) or other information as 

7 required by the Secretary. 

8 (2) MANNER OF COLLECTION.—Carriers board9 ing alien passengers, crew, and noncrew subject to 

10 the requirement to provide information upon depar11 ture for US–VISIT processing shall collect identity12 theft resistant departure manifest information from 

13 each alien at an identity-theft resistant collection lo14 cation at the airport or seaport before boarding that 

15 alien on transportation for departure from the 

16 United States, at a time as close to the originally 

17 scheduled departure of that passenger’s aircraft or 

18 sea vessel as practicable. 

19 (3) TIME AND MANNER OF SUBMISSION.— 

20 (A) IN GENERAL.—The appropriate official 

21 specified in paragraph (1) shall ensure trans22 mission of the identity-theft resistant departure 

23 manifest information required and collected 

24 under paragraphs (1) and (2) to the Data Cen25 ter or Headquarters of U.S. Customs and BorVerDate Mar 15 2010 00:25 Oct 04, 2013 Jkt 039200 PO 00000 Frm 00663 Fmt 6652 Sfmt 6201 E:\BILLS\H15.IH H15

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1 der Protection, or such other data center as 

2 may be designated. 

3 (B) TRANSMISSION.—The biometric depar4 ture information may be transmitted to the De5 partment over any means of communication au6 thorized by the Secretary for the transmission 

7 of other electronic manifest information con8 taining personally identifiable information and 

9 under transmission standards currently applica10 ble to other electronic manifest information. 

11 (C) SUBMISSION ALONG WITH OTHER IN12 FORMATION.—Files containing the identity13 theft resistant departure manifest informa14 tion— 

15 (i) may be sent with other electronic 

16 manifest data prior to departure or may be 

17 sent separately from any topically related 

18 electronic manifest data; and 

19 (ii) may be sent in batch mode. 

20 (4) INFORMATION REQUIRED.—The identity21 theft resistant departure information required under 

22 paragraphs (1) through (3) for each covered pas23 senger or crew member shall contain alien data from 

24 machine-readable visas, passports, and other travel 

25 and entry documents issued to the alien. 


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1 (c) EXCEPTION.—The identity-theft resistant depar2 ture information specified in this section is not required 

3 for any alien active duty military personnel traveling as 

4 passengers on board a departing Department of Defense 

5 commercial chartered aircraft. 

6 (d) CARRIER MAINTENANCE AND USE OF IDENTITY7 THEFT RESISTANT DEPARTURE MANIFEST INFORMA8 TION.—Carrier use of identity-theft resistant departure 

9 manifest information for purposes other than as described 

10 in standards set by the Secretary is prohibited. Carriers 

11 shall immediately notify the Chief Privacy Officer of the 

12 Department in writing in the event of unauthorized use 

13 or access, or breach, of identity-theft resistant departure 

14 manifest information. 

15 (e) COLLECTION AT SPECIFIED LOCATION.—If the 

16 Secretary determines that an air or vessel carrier has not 

17 adequately complied with the provisions of this section, the 

18 Secretary may, in the Secretary’s discretion, require the 

19 air or vessel carrier to collect identity-theft resistant de20 parture manifest information at a specific location prior 

21 to the issuance of a boarding pass or other document on 

22 the international departure, or the boarding of crew, in 

23 any port through which the carrier boards aliens for inter24 national departure under the supervision of the Secretary 

25 for such period as the Secretary considers appropriate to 


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1 ensure the adequate collection and transmission of biomet2 ric departure manifest information. 

3 (f) FUNDING.—There shall be appropriated to the In4 terior Enforcement Account $500,000,000 to reimburse 

5 carriers for their reasonable actual expenses in carrying 

6 out their duties as described in this section. 

7 (g) DETERMINATION OF BUDGETARY EFFECTS.— 

8 (1) EMERGENCY DESIGNATION FOR CONGRES9 SIONAL ENFORCEMENT.—In the Senate, amounts 

10 made available under this section are designated as 

11 an emergency requirement pursuant to section 

12 403(a) of S. Con. Res. 13 (111th Congress), the 

13 concurrent resolution on the budget for fiscal year 

14 2010. 

15 (2) EMERGENCY DESIGNATION FOR STATUTORY

16 PAYGO.—Amounts made available under this section 

17 are designated as an emergency requirement under 

18 section 4(g) of the Statutory Pay-As-You-Go Act of 

19 2010 (Public Law 111–139; 2 U.S.C. 933(g)). 

20 SEC. 3305. PROFILING. 

21 (a) PROHIBITION.—In making routine or sponta22 neous law enforcement decisions, such as ordinary traffic 

23 stops, Federal law enforcement officers may not use race 

24 or ethnicity to any degree, except that officers may rely 


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1 on race and ethnicity if a specific suspect description ex2 ists. 

3 (b) EXCEPTIONS.— 

4 (1) SPECIFIC INVESTIGATION.—In conducting 

5 activities in connection with a specific investigation, 

6 Federal law enforcement officers may consider race 

7 and ethnicity only to the extent that there is trust8 worthy information, relevant to the locality or time 

9 frame, that links persons of a particular race or eth10 nicity to an identified criminal incident, scheme, or 

11 organization. This standard applies even where the 

12 use of race or ethnicity might otherwise be lawful. 

13 (2) NATIONAL SECURITY.—In investigating or 

14 preventing threats to national security or other cata15 strophic events (including the performance of duties 

16 related to air transportation security), or in enforc17 ing laws protecting the integrity of the Nation’s bor18 ders, Federal law enforcement officers may not con19 sider race or ethnicity except to the extent permitted 

20 by the Constitution and laws of the United States. 

21 (3) DEFINED TERM.—In this section, the term 

22 ‘‘Federal law enforcement officer’’ means any offi23 cer, agent, or employee of the United States author24 ized by law or by a Government agency to engage 


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1 in or supervise the prevention, detection, investiga2 tion, or prosecution of any violation of Federal law. 

3 (c) STUDY AND REGULATIONS.— 

4 (1) DATA COLLECTION.—Not later than 180 

5 days after the date of the enactment of this Act, the 

6 Secretary shall begin collecting data regarding the 

7 individualized immigration enforcement activities of 

8 covered Department officers. 

9 (2) STUDY.—Not later than 180 days after 

10 data collection under paragraph (1) commences, the 

11 Secretary shall complete a study analyzing the data. 

12 (3) REGULATIONS.—Not later than 90 days 

13 after the date the study required by paragraph (2) 

14 is completed, the Secretary, in consultation with the 

15 Attorney General, shall issue regulations regarding 

16 the use of race, ethnicity, and any other suspect 

17 classifications the Secretary deems appropriate by 

18 covered Department officers. 

19 (4) REPORTS.—Not later than 30 days after 

20 completion of the study required by paragraph (2), 

21 the Secretary shall submit the study to— 

22 (A) the Committee on Homeland Security 

23 and Governmental Affairs of the Senate; 

24 (B) the Committee on Homeland Security 

25 of the House of Representatives; 


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1 (C) the Committee on Appropriations of 

2 the Senate; 

3 (D) the Committee on Appropriations of 

4 the House of Representatives; 

5 (E) the Committee on the Judiciary of the 

6 Senate; and 

7 (F) the Committee on the Judiciary of the 

8 House of Representatives. 

9 (5) DEFINED TERM.—In this subsection, the 

10 term ‘‘covered Department officer’’ means any offi11 cer, agent, or employee of United States Customs 

12 and Border Protection, United States Immigration 

13 and Customs Enforcement, or the Transportation 

14 Security Administration. 

15 SEC. 3306. ENHANCED PENALTIES FOR CERTAIN DRUG OF16 FENSES ON FEDERAL LANDS. 

17 (a) CULTIVATING OR MANUFACTURING CONTROLLED

18 SUBSTANCES ON FEDERAL PROPERTY.—Section 

19 401(b)(5) of the Controlled Substances Act (21 U.S.C. 

20 841(b)(5)) is amended by striking ‘‘as provided in this 

21 subsection’’ and inserting ‘‘for not more than 10 years, 

22 in addition to any other term of imprisonment imposed 

23 under this subsection,’’. 

24 (b) USE OF HAZARDOUS SUBSTANCES.—Pursuant to 

25 its authority under section 994 of title 28, United States 


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1 Code, the United States Sentencing Commission shall 

2 amend the Federal Sentencing Guidelines and policy state3 ments to ensure that the guidelines provide an additional 

4 penalty increase of 2 offense levels above the sentence oth5 erwise applicable for a violation of section 401(a) of the 

6 Controlled Substances Act (21 U.S.C. 841(a)) if the of7 fense— 

8 (1) includes the use of a poison, chemical, or 

9 other hazardous substance to cultivate or manufac10 ture controlled substances on Federal property; 

11 (2) creates a hazard to humans, wildlife, or do12 mestic animals; 

13 (3) degrades or harms the environment or nat14 ural resources; or 

15 (4) pollutes an aquifer, spring, stream, river, or 

16 body of water. 

17 (c) STREAM DIVERSION OR CLEAR CUTTING ON

18 FEDERAL PROPERTY.— 

19 (1) PROHIBITION ON STREAM DIVERSION OR

20 CLEAR CUTTING ON FEDERAL PROPERTY.—Section 

21 401(b) of the Controlled Substances Act is amended 

22 by adding at the end the following: 

23 ‘‘(8) DESTRUCTION OF BODIES OF WATER.— 

24 Any person who violates subsection (a) in a manner 

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1 fer, spring, stream, river, or body of water or clear 

2 cuts timber while cultivating or manufacturing a 

3 controlled substance on Federal property shall be 

4 fined in accordance with title 18, United States 

5 Code.’’. 

6 (2) FEDERAL SENTENCING GUIDELINES EN7 HANCEMENT.—Pursuant to its authority under sec8 tion 994 of title 28, United States Code, the United 

9 States Sentencing Commission shall amend the Fed10 eral Sentencing Guidelines and policy statements to 

11 ensure that the guidelines provide an additional pen12 alty increase of 2 offense levels for above the sen13 tence otherwise applicable for a violation of section 

14 401(a) of the Controlled Substances Act (21 U.S.C. 

15 841(a)) if the offense involves the diversion, redirec16 tion, obstruction, or draining of an aquifer, spring, 

17 stream, river, or body of water or the clear cut of 

18 timber while cultivating or manufacturing a con19 trolled substance on Federal property. 

20 (d) BOOBY TRAPS ON FEDERAL LAND.—Section 

21 401(d)(1) of the Controlled Substances Act (21 U.S.C. 

22 841(d)(1)) is amended by inserting ‘‘cultivated,’’ after ‘‘is 

23 being’’. 

24 (e) USE OR POSSESSION OF FIREARMS IN CONNEC25 TION WITH DRUG OFFENSES ON FEDERAL LANDS.—PurVerDate Mar 15 2010 00:25 Oct 04, 2013 Jkt 039200 PO 00000 Frm 00671 Fmt 6652 Sfmt 6201 E:\BILLS\H15.IH H15

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1 suant to its authority under section 994 of title 28, United 

2 States Code, the United States Sentencing Commission 

3 shall amend the Federal Sentencing Guidelines and policy 

4 statements to ensure that the guidelines provide an addi5 tional penalty increase of 2 offense levels above the sen6 tence otherwise applicable for a violation of section 401(a) 

7 of the Controlled Substances Act (21 U.S.C. 841(a)) if 

8 the offense involves the possession of a firearm while culti9 vating or manufacturing controlled substances on Federal 

10 lands. 

11 Subtitle D—Asylum and Refugee 

12 Provisions 

13 SEC. 3401. TIME LIMITS AND EFFICIENT ADJUDICATION OF 

14 GENUINE ASYLUM CLAIMS. 

15 Section 208(a)(2) (8 U.S.C. 1158(a)(2)) is amend16 ed— 

17 (1) in subparagraph (A), by inserting ‘‘or the 

18 Secretary of Homeland Security’’ after ‘‘Attorney 

19 General’’ both places such term appears; 

20 (2) by striking subparagraphs (B) and (D); 

21 (3) by redesignating subparagraph (C) as sub22 paragraph (B); 

23 (4) in subparagraph (B), as redesignated, by 

24 striking ‘‘subparagraph (D)’’ and inserting ‘‘sub25 paragraphs (C) and (D)’’; and 


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1 (5) by inserting after subparagraph (B), as re2 designated, the following: 

3 ‘‘(C) CHANGED CIRCUMSTANCES.—Not4 withstanding subparagraph (B), an application 

5 for asylum of an alien may be considered if the 

6 alien demonstrates, to the satisfaction of the 

7 Attorney General or the Secretary of Homeland 

8 Security, the existence of changed cir9 cumstances that materially affect the appli10 cant’s eligibility for asylum. 

11 ‘‘(D) MOTION TO REOPEN CERTAIN MERI12 TORIOUS CLAIMS.—Notwithstanding subpara13 graph (B) or section 240(c)(7), an alien may 

14 file a motion to reopen an asylum claim during 

15 the 2-year period beginning on the date of the 

16 enactment of the Border Security, Economic 

17 Opportunity, and Immigration Modernization 

18 Act if the alien— 

19 ‘‘(i) was denied asylum based solely 

20 upon a failure to meet the 1-year applica21 tion filing deadline in effect on the date on 

22 which the application was filed; 

23 ‘‘(ii) was granted withholding of re24 moval pursuant to section 241(b)(3) and 

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1 dence in the United States pursuant to any 

2 other provision of law; 

3 ‘‘(iii) is not subject to the safe third 

4 country exception under subparagraph (A) 

5 or a bar to asylum under subsection (b)(2) 

6 and should not be denied asylum as a mat7 ter of discretion; and 

8 ‘‘(iv) is physically present in the 

9 United States when the motion is filed.’’. 

10 SEC. 3402. REFUGEE FAMILY PROTECTIONS. 

11 (a) CHILDREN OF REFUGEE OR ASYLEE SPOUSES

12 AND CHILDREN.—A child of an alien who qualifies for ad13 mission as a spouse or child under section 207(c)(2)(A) 

14 or 208(b)(3) of the Immigration and Nationality Act (8 

15 U.S.C. 1157(c)(2)(A) and 1158(b)(3)) shall be entitled to 

16 the same status as such alien if the child— 

17 (1) is accompanying or following to join such 

18 alien; and 

19 (2) is otherwise eligible under section 

20 207(c)(2)(A) or 208(b)(3) of the Immigration and 

21 Nationality Act. 

22 SEC. 3403. CLARIFICATION ON DESIGNATION OF CERTAIN 

23 REFUGEES. 

24 (a) TERMINATION OF CERTAIN PREFERENTIAL

25 TREATMENT IN IMMIGRATION OF AMERASIANS.—Section 


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1 584 of the Foreign Operations, Export Financing, and Re2 lated Programs Appropriations Act, 1988 (8 U.S.C. 1101 

3 note) is amended by adding at the end the following: 

4 ‘‘(f) No visa may be issued under this section if the 

5 petition or application for such visa is submitted on or 

6 after the date of the enactment of the Border Security, 

7 Economic Opportunity, and Immigration Modernization 

8 Act.’’. 

9 (b) REFUGEE DESIGNATION.—Section 207(c)(1) (8 

10 U.S.C. 1157(c)(1)) is amended— 

11 (1) by inserting ‘‘(A)’’ before ‘‘Subject to the 

12 numerical limitations’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(B)(i) The President, upon a recommendation of the 

15 Secretary of State made in consultation with the Secretary 

16 of Homeland Security, and after appropriate consultation, 

17 may designate specifically defined groups of aliens— 

18 ‘‘(I) whose resettlement in the United States is 

19 justified by humanitarian concerns or is otherwise in 

20 the national interest; and 

21 ‘‘(II) who— 

22 ‘‘(aa) share common characteristics that 

23 identify them as targets of persecution on ac24 count of race, religion, nationality, membership 


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1 in a particular social group, or political opinion; 

2 or 

3 ‘‘(bb) having been identified as targets as 

4 described in item (aa), share a common need 

5 for resettlement due to a specific vulnerability. 

6 ‘‘(ii) An alien who establishes membership in a group 

7 designated under clause (i) to the satisfaction of the Sec8 retary of Homeland Security shall be considered a refugee 

9 for purposes of admission as a refugee under this section 

10 unless the Secretary determines that such alien ordered, 

11 incited, assisted, or otherwise participated in the persecu12 tion of any person on account of race, religion, nationality, 

13 membership in a particular social group, or political opin14 ion. 

15 ‘‘(iii) A designation under clause (i) is for purposes 

16 of adjudicatory efficiency and may be revoked by the 

17 President at any time after notification to Congress. 

18 ‘‘(iv) Categories of aliens established under section 

19 599D of the Foreign Operations, Export Financing, and 

20 Related Programs Appropriations Act, 1990 (Public Law 

21 101–167; 8 U.S.C. 1157 note)— 

22 ‘‘(I) shall be designated under clause (i) until 

23 the end of the first fiscal year commencing after the 

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1 nomic Opportunity, and Immigration Modernization 

2 Act; and 

3 ‘‘(II) shall be eligible for designation thereafter 

4 at the discretion of the President, considering, 

5 among other factors, whether a country under con6 sideration has been designated by the Secretary of 

7 State as a ‘Country of Particular Concern’ for en8 gaging in or tolerating systematic, ongoing, and 

9 egregious violations of religious freedom. 

10 ‘‘(v) A designation under clause (i) shall not influence 

11 decisions to grant, to any alien, asylum under section 208, 

12 protection under section 241(b)(3), or protection under 

13 the Convention Against Torture and Other Cruel, Inhu14 man or Degrading Treatment or Punishment, done at 

15 New York December 10, 1984. 

16 ‘‘(vi) A decision to deny admission under this section 

17 to an alien who establishes to the satisfaction of the Sec18 retary that the alien is a member of a group designated 

19 under clause (i) shall— 

20 ‘‘(I) be in writing; and 

21 ‘‘(II) state, to the maximum extent feasible, the 

22 reason for the denial. 

23 ‘‘(vii) Refugees admitted pursuant to a designation 

24 under clause (i) shall be subject to the number of admis25 sions and be admissible under this section.’’. 


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1 SEC. 3404. ASYLUM DETERMINATION EFFICIENCY. 

2 Section 235(b)(1)(B)(ii) (8 U.S.C. 1225(b)(1)(B)(ii)) 

3 is amended by striking ‘‘asylum.’’ and inserting ‘‘asylum 

4 by an asylum officer. The asylum officer, after conducting 

5 a nonadversarial asylum interview and seeking supervisory 

6 review, may grant asylum to the alien under section 208 

7 or refer the case to a designee of the Attorney General, 

8 for a de novo asylum determination, for relief under the 

9 Convention Against Torture and Other Cruel, Inhuman or 

10 Degrading Treatment or Punishment, done at New York 

11 December 10, 1984, or for protection under section 

12 241(b)(3).’’. 

13 SEC. 3405. STATELESS PERSONS IN THE UNITED STATES. 

14 (a) IN GENERAL.—Chapter 1 of title II (8 U.S.C. 

15 1151 et seq.) is amended by adding at the end the fol16 lowing: 

17 ‘‘SEC. 210A. PROTECTION OF CERTAIN STATELESS PER18 SONS IN THE UNITED STATES. 

19 ‘‘(a) STATELESS PERSONS.— 

20 ‘‘(1) IN GENERAL.—In this section, the term 

21 ‘stateless person’ means an individual who is not 

22 considered a national under the operation of the 

23 laws of any country. 

24 ‘‘(2) DESIGNATION OF SPECIFIC STATELESS

25 GROUPS.—The Secretary of Homeland Security, in 

26 consultation with the Secretary of State, may, in the 


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1 discretion of the Secretary, designate specific groups 

2 of individuals who are considered stateless persons, 

3 for purposes of this section. 

4 ‘‘(b) STATUS OF STATELESS PERSONS.— 

5 ‘‘(1) RELIEF FOR CERTAIN INDIVIDUALS DE6 TERMINED TO BE STATELESS PERSONS.—The Sec7 retary of Homeland Security or the Attorney Gen8 eral may, in his or her discretion, provide conditional 

9 lawful status to an alien who is otherwise inadmis10 sible or deportable from the United States if the 

11 alien— 

12 ‘‘(A) is a stateless person present in the 

13 United States; 

14 ‘‘(B) applies for such relief; 

15 ‘‘(C) has not lost his or her nationality as 

16 a result of his or her voluntary action or know17 ing inaction after arrival in the United States; 

18 ‘‘(D) except as provided in paragraphs (2) 

19 and (3), is not inadmissible under section 

20 212(a); and 

21 ‘‘(E) is not described in section 

22 241(b)(3)(B)(i). 

23 ‘‘(2) INAPPLICABILITY OF CERTAIN PROVI24 SIONS.—The provisions under paragraphs (4), (5), 


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1 (7), and (9)(B) of section 212(a) shall not apply to 

2 any alien seeking relief under paragraph (1). 

3 ‘‘(3) WAIVER.—The Secretary or the Attorney 

4 General may waive any other provisions of such sec5 tion, other than subparagraphs (B), (C), (D)(ii), 

6 (E), (G), (H), or (I) of paragraph (2), paragraph 

7 (3), paragraph (6)(C)(i) (with respect to misrepre8 sentations relating to the application for relief under 

9 paragraph (1)), or subparagraphs (A), (C), (D), or 

10 (E) of paragraph (10) of section 212(a), with re11 spect to such an alien for humanitarian purposes, to 

12 assure family unity, or if it is otherwise in the public 

13 interest. 

14 ‘‘(4) SUBMISSION OF PASSPORT OR TRAVEL

15 DOCUMENT.—Any alien who seeks relief under this 

16 section shall submit to the Secretary of Homeland 

17 Security or the Attorney General— 

18 ‘‘(A) any available passport or travel docu19 ment issued at any time to the alien (whether 

20 or not the passport or document has expired or 

21 been cancelled, rescinded, or revoked); or 

22 ‘‘(B) an affidavit, sworn under penalty of 

23 perjury— 


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1 ‘‘(i) stating that the alien has never 

2 been issued a passport or travel document; 

3 or 

4 ‘‘(ii) identifying with particularity any 

5 such passport or travel document and ex6 plaining why the alien cannot submit it. 

7 ‘‘(5) WORK AUTHORIZATION.—The Secretary of 

8 Homeland Security may authorize an alien who has 

9 applied for and is found prima facie eligible for or 

10 been granted relief under paragraph (1) to engage 

11 in employment in the United States. 

12 ‘‘(6) TRAVEL DOCUMENTS.—The Secretary may 

13 issue appropriate travel documents to an alien who 

14 has been granted relief under paragraph (1) that 

15 would allow him or her to travel abroad and be ad16 mitted to the United States upon return, if other17 wise admissible. 

18 ‘‘(7) TREATMENT OF SPOUSE AND CHIL19 DREN.—The spouse or child of an alien who has 

20 been granted conditional lawful status under para21 graph (1) shall, if not otherwise eligible for admis22 sion under paragraph (1), be granted conditional 

23 lawful status under this section if accompanying, or 

24 following to join, such alien if— 


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1 ‘‘(A) the spouse or child is admissible (ex2 cept as otherwise provided in paragraphs (2) 

3 and (3)) and is not described in section 

4 241(b)(3)(B)(i); and 

5 ‘‘(B) the qualifying relationship to the 

6 principal beneficiary existed on the date on 

7 which such alien was granted conditional lawful 

8 status. 

9 ‘‘(c) ADJUSTMENT OF STATUS.— 

10 ‘‘(1) INSPECTION AND EXAMINATION.—At the 

11 end of the 1-year period beginning on the date on 

12 which an alien has been granted conditional lawful 

13 status under subsection (b), the alien may apply for 

14 lawful permanent residence in the United States if— 

15 ‘‘(A) the alien has been physically present 

16 in the United States for at least 1 year; 

17 ‘‘(B) the alien’s conditional lawful status 

18 has not been terminated by the Secretary of 

19 Homeland Security or the Attorney General, 

20 pursuant to such regulations as the Secretary 

21 or the Attorney General may prescribe; and 

22 ‘‘(C) the alien has not otherwise acquired 

23 permanent resident status. 

24 ‘‘(2) REQUIREMENTS FOR ADJUSTMENT OF

25 STATUS.—The Secretary of Homeland Security or 


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1 the Attorney General, under such regulations as the 

2 Secretary or the Attorney General may prescribe, 

3 may adjust the status of an alien granted condi4 tional lawful status under subsection (b) to that of 

5 an alien lawfully admitted for permanent residence 

6 if such alien— 

7 ‘‘(A) is a stateless person; 

8 ‘‘(B) properly applies for such adjustment 

9 of status; 

10 ‘‘(C) has been physically present in the 

11 United States for at least 1 year after being 

12 granted conditional lawful status under sub13 section (b); 

14 ‘‘(D) is not firmly resettled in any foreign 

15 country; and 

16 ‘‘(E) is admissible (except as otherwise 

17 provided under paragraph (2) or (3) of sub18 section (b)) as an immigrant under this chapter 

19 at the time of examination of such alien for ad20 justment of status. 

21 ‘‘(3) RECORD.—Upon approval of an applica22 tion under this subsection, the Secretary of Home23 land Security shall establish a record of the alien’s 

24 admission for lawful permanent residence as of the 

25 date that is 1 year before the date of such approval. 


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1 ‘‘(4) NUMERICAL LIMITATION.—The number of 

2 aliens who may receive an adjustment of status 

3 under this section for a fiscal year shall be subject 

4 to the numerical limitation of section 203(b)(4). 

5 ‘‘(d) PROVING THE CLAIM.—In determining an 

6 alien’s eligibility for lawful conditional status or adjust7 ment of status under this subsection, the Secretary of 

8 Homeland Security or the Attorney General shall consider 

9 any credible evidence relevant to the application. The de10 termination of what evidence is credible and the weight 

11 to be given that evidence shall be within the sole discretion 

12 of the Secretary or the Attorney General. 

13 ‘‘(e) REVIEW.— 

14 ‘‘(1) ADMINISTRATIVE REVIEW.—No appeal 

15 shall lie from the denial of an application by the 

16 Secretary, but such denial will be without prejudice 

17 to the alien’s right to renew the application in pro18 ceedings under section 240. 

19 ‘‘(2) MOTIONS TO REOPEN.—Notwithstanding 

20 any limitation imposed by law on motions to reopen 

21 removal, deportation, or exclusion proceedings, any 

22 individual who is eligible for relief under this section 

23 may file a motion to reopen proceedings in order to 

24 apply for relief under this section. Any such motion 

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1 ment of the Border Security, Economic Opportunity, 

2 and Immigration Modernization Act. 

3 ‘‘(f) LIMITATION.— 

4 ‘‘(1) APPLICABILITY.—The provisions of this 

5 section shall only apply to aliens present in the 

6 United States. 

7 ‘‘(2) SAVINGS PROVISION.—Nothing in this sec8 tion may be construed to authorize or require— 

9 ‘‘(A) the admission of any alien to the 

10 United States; 

11 ‘‘(B) the parole of any alien into the 

12 United States; or 

13 ‘‘(C) the grant of any motion to reopen or 

14 reconsider filed by an alien after departure or 

15 removal from the United States.’’. 

16 (b) JUDICIAL REVIEW.—Section 242(a)(2)(B)(ii) (8 

17 U.S.C. 1252(a)(2)(B)(ii)) is amended by striking 

18 ‘‘208(a).’’ and inserting ‘‘208(a) or 210A.’’. 

19 (c) CONFORMING AMENDMENT.—Section 203(b)(4) 

20 (8 U.S.C. 1153(b)(4)) is amended by inserting ‘‘to aliens 

21 granted an adjustment of status under section 210A(c) 

22 or’’ after ‘‘level,’’. 

23 (d) CLERICAL AMENDMENT.—The table of contents 

24 for the Immigration and Nationality Act is amended by 


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1 inserting after the item relating to section 210 the fol2 lowing: 

‘‘Sec. 210A. Protection of stateless persons in the United States.’’. 

3 SEC. 3406. U VISA ACCESSIBILITY. 

4 Section 214(p)(2)(A) (8 U.S.C. 1184(p)(2)(A)) is 

5 amended by striking ‘‘10,000.’’ and inserting ‘‘18,000, of 

6 which not more than 3,000 visas may be issued for aliens 

7 who are victims of a covered violation described in section 

8 101(a)(15)(U).’’. 

9 SEC. 3407. WORK AUTHORIZATION WHILE APPLICATIONS 

10 FOR U AND T VISAS ARE PENDING. 

11 (a) U VISAS.—Section 214(p) (8 U.S.C. 1184(p)), as 

12 amended by section 3406 of this Act, is further amend13 ed— 

14 (1) in paragraph (6), by striking the last sen15 tence; and 

16 (2) by adding at the end the following: 

17 ‘‘(7) WORK AUTHORIZATION.—Notwithstanding 

18 any provision of this Act granting eligibility for em19 ployment in the United States, the Secretary of 

20 Homeland Security shall grant employment author21 ization to an alien who has filed an application for 

22 nonimmigrant status under section 101(a)(15)(U) 

23 on the date that is the earlier of— 

24 ‘‘(A) the date on which the alien’s applica25 tion for such status is approved; or 


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1 ‘‘(B) a date determined by the Secretary 

2 that is not later than 180 days after the date 

3 on which the alien filed the application.’’. 

4 (b) T VISAS.—Section 214(o) (8 U.S.C. 1184(o)) is 

5 amended by adding at the end the following: 

6 ‘‘(8) Notwithstanding any provision of this Act 

7 granting eligibility for employment in the United 

8 States, the Secretary of Homeland Security shall 

9 grant employment authorization to an alien who has 

10 filed an application for nonimmigrant status under 

11 section 101(a)(15)(T) on the date that is the earlier 

12 of— 

13 ‘‘(A) the date on which the alien’s applica14 tion for such status is approved; or 

15 ‘‘(B) a date determined by the Secretary 

16 that is not later than 180 days after the date 

17 on which the alien filed the application.’’. 

18 SEC. 3408. REPRESENTATION AT OVERSEAS REFUGEE 

19 INTERVIEWS. 

20 Section 207(c) (8 U.S.C. 1157(c)) is amended by 

21 adding at the end the following: 

22 ‘‘(5) The adjudicator of an application for ref23 ugee status under this section shall consider all rel24 evant evidence and maintain a record of the evidence 

25 considered. 


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1 ‘‘(6) An applicant for refugee status may be 

2 represented, including at a refugee interview, at no 

3 expense to the Government, by an attorney or ac4 credited representative who— 

5 ‘‘(A) was chosen by the applicant; and 

6 ‘‘(B) is authorized by the Secretary of 

7 Homeland Security to be recognized as the rep8 resentative of such applicant in an adjudication 

9 under this section. 

10 ‘‘(7)(A) A decision to deny an application for 

11 refugee status under this section— 

12 ‘‘(i) shall be in writing; and 

13 ‘‘(ii) shall provide, to the maximum extent 

14 feasible, information on the reason for the de15 nial, including— 

16 ‘‘(I) the facts underlying the deter17 mination; and 

18 ‘‘(II) whether there is a waiver of in19 admissibility available to the applicant. 

20 ‘‘(B) The basis of any negative credibility find21 ing shall be part of the written decision. 

22 ‘‘(8)(A) An applicant who is denied refugee sta23 tus under this section may file a request with the 

24 Secretary for a review of his or her application not 

25 later than 120 days after such denial. 


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1 ‘‘(B) A request filed under subparagraph (A) 

2 shall be adjudicated by refugee officers who have re3 ceived training on considering requests for review of 

4 refugee applications that have been denied. 

5 ‘‘(C) The Secretary shall publish the standard 

6 applied to a request for review. 

7 ‘‘(D) A request for review may result in the de8 cision being granted, denied, or reopened for a fur9 ther interview. 

10 ‘‘(E) A decision on a request for review under 

11 this paragraph— 

12 ‘‘(i) shall be in writing; and 

13 ‘‘(ii) shall provide, to the maximum extent 

14 feasible, information on the reason for the de15 nial.’’. 

16 SEC. 3409. LAW ENFORCEMENT AND NATIONAL SECURITY 

17 CHECKS. 

18 (a) REFUGEES.—Section 207(c)(1) (8 U.S.C. 

19 1157(c)(1)) is amended by adding at the end the fol20 lowing: ‘‘No alien shall be admitted as a refugee until the 

21 identity of the applicant, including biographic and biomet22 ric data, has been checked against all appropriate records 

23 or databases maintained by the Secretary of Homeland 

24 Security, the Attorney General, the Secretary of State, 

25 and other Federal records or databases that the Secretary 


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1 of Homeland Security considers necessary, to determine 

2 any national security, law enforcement, or other grounds 

3 on which the alien may be inadmissible to the United 

4 States or ineligible to apply for or be granted refugee sta5 tus.’’. 

6 (b) ASYLEES.—Section 208(d)(5)(A)(i) (8 U.S.C. 

7 1158(d)(5)(A)(i)) is amended to read as follows: 

8 ‘‘(i) asylum shall not be granted until 

9 the identity of the applicant, using bio10 graphic and biometric data, has been 

11 checked against all appropriate records or 

12 databases maintained by the Secretary of 

13 Homeland Security, the Attorney General, 

14 the Secretary of State, and other Federal 

15 records or databases that the Secretary of 

16 Homeland Security considers necessary, to 

17 determine any national security, law en18 forcement, or other grounds on which the 

19 alien may be inadmissible to the United 

20 States or ineligible to apply for or be 

21 granted asylum;’’. 

22 SEC. 3410. TIBETAN REFUGEE ASSISTANCE. 

23 (a) SHORT TITLE.—This section may be cited as the 

24 ‘‘Tibetan Refugee Assistance Act of 2013’’. 


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1 (b) TRANSITION FOR DISPLACED TIBETANS.—Not2 withstanding the numerical limitations specified in sec3 tions 201 and 202 of the Immigration and Nationality Act 

4 (8 U.S.C. 1151 and 1152), 5,000 immigrant visas shall 

5 be made available to qualified displaced Tibetans described 

6 in subsection (c) during the 3-year period beginning on 

7 October 1, 2013. 

8 (c) QUALIFIED DISPLACED TIBETAN DESCRIBED.— 

9 (1) IN GENERAL.—An individual is a qualified 

10 displaced Tibetan if such individual— 

11 (A) is a native of Tibet; and 

12 (B) has been continuously residing in India 

13 or Nepal since before the date of the enactment 

14 of this Act. 

15 (2) NATIVE OF TIBET DESCRIBED.—For pur16 poses of paragraph (1)(A), an individual shall be 

17 considered a native of Tibet if such individual— 

18 (A) was born in Tibet; or 

19 (B) is the son, daughter, grandson, or 

20 granddaughter of an individual who was born in 

21 Tibet. 

22 (d) DERIVATIVE STATUS FOR SPOUSES AND CHIL23 DREN.—A spouse or child (as defined in subparagraphs 

24 (A), (B), (C), (D), or (E) of section 101(b)(1) of the Im25 migration and Nationality Act (8 U.S.C. 1101(b)(1))) 


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1 shall, if not otherwise entitled to an immigrant status and 

2 the immediate issuance of a visa under this section, be 

3 entitled to the same status, and the same order of consid4 eration, provided under this section, if accompanying, or 

5 following to join, the spouse or parent of such spouse or 

6 child. 

7 (e) DISTRIBUTION OF VISA NUMBERS.—The Sec8 retary of State shall ensure that immigrant visas provided 

9 under subsection (b) are made available to qualified dis10 placed Tibetans described in subsection (c) or (d) in an 

11 equitable manner, giving preference to those qualified dis12 placed Tibetans who— 

13 (1) are not resettled in India or Nepal; or 

14 (2) are most likely to be resettled successfully 

15 in the United States. 

16 SEC. 3411. TERMINATION OF ASYLUM OR REFUGEE STATUS. 

17 (a) TERMINATION OF STATUS.—Except as provided 

18 in subsections (b) and (c), any alien who is granted asylum 

19 or refugee status under this Act or the Immigration and 

20 Nationality Act (8 U.S.C. 1101 et seq.), who, without good 

21 cause as determined by the Secretary or the Attorney Gen22 eral, subsequently returns to the country of such alien’s 

23 nationality or, in the case of an alien having no nation24 ality, returns to any country in which such alien last habit25 ually resided, and who applied for such status because of 


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1 persecution or a well-founded fear of persecution in that 

2 country on account of race, religion, nationality, member3 ship in a particular social group, or political opinion, shall 

4 have his or her refugee or asylum status terminated. 

5 (b) WAIVER.—The Secretary has discretion to waive 

6 subsection (a) if it is established to the satisfaction of the 

7 Secretary or the Attorney General that the alien had good 

8 cause for the return. The waiver may be sought prior to 

9 departure from the United States or upon return. 

10 (c) EXCEPTION FOR CERTAIN ALIENS FROM

11 CUBA.—Subsection (a) shall not apply to an alien who is 

12 eligible for adjustment to that of an alien lawfully admit13 ted for permanent residence pursuant to the Cuban Ad14 justment Act of 1966 (Public Law 89–732). 

15 SEC. 3412. ASYLUM CLOCK. 

16 Section 208(d)(2) (8 U.S.C. 1158(d)(2)) is amended 

17 by striking ‘‘is not entitled to employment authorization’’ 

18 and all that follows through ‘‘prior to 180 days after’’ and 

19 inserting ‘‘shall be provided employment authorization 

20 180 days after’’. 


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1 Subtitle E—Shortage of Immigra2 tion Court Resources for Re3 moval Proceedings 

4 SEC. 3501. SHORTAGE OF IMMIGRATION COURT PER5 SONNEL FOR REMOVAL PROCEEDINGS. 

6 (a) IMMIGRATION COURT JUDGES.—The Attorney 

7 General shall increase the total number of immigration 

8 judges to adjudicate current pending cases and efficiently 

9 process future cases by at least— 

10 (1) 75 in fiscal year 2014; 

11 (2) 75 in fiscal year 2015; and 

12 (3) 75 in fiscal year 2016. 

13 (b) NECESSARY SUPPORT STAFF FOR IMMIGRATION

14 COURT JUDGES.—The Attorney General shall address the 

15 shortage of support staff for immigration judges by ensur16 ing that each immigration judge has the assistance of the 

17 necessary support staff, including the equivalent of 1 staff 

18 attorney or law clerk and 1 legal assistant. 

19 (c) ANNUAL INCREASES IN BOARD OF IMMIGRATION

20 APPEALS PERSONNEL.—The Attorney General shall in21 crease the number of Board of Immigration Appeals staff 

22 attorneys (including the necessary additional support 

23 staff) to efficiently process cases by at least— 

24 (1) 30 in fiscal year 2014; 

25 (2) 30 in fiscal year 2015; and 


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1 (3) 30 in fiscal year 2016. 

2 (d) FUNDING.—There shall be appropriated, from 

3 the Comprehensive Immigration Reform Trust Fund es4 tablished under section 9(a)(1), such sums as may be nec5 essary to carry out this section. 

6 SEC. 3502. IMPROVING IMMIGRATION COURT EFFICIENCY 

7 AND REDUCING COSTS BY INCREASING AC8 CESS TO LEGAL INFORMATION. 

9 (a) CLARIFICATION REGARDING THE AUTHORITY OF

10 THE ATTORNEY GENERAL TO APPOINT COUNSEL TO

11 ALIENS IN IMMIGRATION PROCEEDINGS.—Section 292 (8 

12 U.S.C. 1362) is amended— 

13 (1) by inserting ‘‘(a)’’ before ‘‘In any’’; 

14 (2) by striking ‘‘(at no expense to the Govern15 ment)’’; 

16 (3) by striking ‘‘he shall’’ and inserting ‘‘the 

17 person shall’’; and 

18 (4) by adding at the end the following: 

19 ‘‘(b) The Government is not required to provide coun20 sel to aliens under subsection (a). However, the Attorney 

21 General may, in the Attorney General’s sole and 

22 unreviewable discretion, appoint or provide counsel to 

23 aliens in immigration proceedings conducted under section 

24 240 of this Act.’’. 


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1 (b) APPOINTMENT OF COUNSEL IN CERTAIN CASES; 

2 RIGHT TO REVIEW CERTAIN DOCUMENTS IN REMOVAL

3 PROCEEDINGS.—Section 240(b) (8 U.S.C. 1229a(b)) is 

4 amended— 

5 (1) in paragraph (4)— 

6 (A) by redesignating subparagraphs (B) 

7 and (C) as subparagraphs (C) and (D), respec8 tively; 

9 (B) in subparagraph (A), by striking ‘‘, at 

10 no expense to the Government,’’; 

11 (C) by inserting after subparagraph (A) 

12 the following new subparagraph: 

13 ‘‘(B) the alien shall, at the beginning of 

14 the proceedings or at a reasonable time there15 after, automatically receive a complete copy of 

16 all relevant documents in the possession of the 

17 Department of Homeland Security, including all 

18 documents (other than documents protected 

19 from disclosure by privilege, including national 

20 security information referenced in subparagraph 

21 (C), law enforcement sensitive information, and 

22 information prohibited from disclosure pursuant 

23 to any other provision of law) contained in the 

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1 actions involving the alien during the immigra2 tion process (commonly referred to as an ‘A3 file’), and all documents pertaining to the alien 

4 that the Department of Homeland Security has 

5 obtained or received from other government 

6 agencies, unless the alien waives the right to re7 ceive such documents by executing a knowing 

8 and voluntary waiver in a language that he or 

9 she understands fluently,’’; and 

10 (D) by adding at the end the following: 

11 ‘‘The Government is not required to provide counsel 

12 to aliens under this paragraph. However, the Attor13 ney General may, in the Attorney General’s sole and 

14 unreviewable discretion, appoint or provide counsel 

15 at government expense to aliens in immigration pro16 ceedings.’’; and 

17 (2) by adding at the end the following new 

18 paragraph: 

19 ‘‘(8) FAILURE TO PROVIDE ALIEN REQUIRED

20 DOCUMENTS.—In the absence of a waiver under sub21 paragraph (B) of paragraph (4), a removal pro22 ceeding may not proceed until the alien has received 

23 the documents as required under such subpara24 graph.’’. 


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1 (c) APPOINTMENT OF COUNSEL FOR UNACCOM2 PANIED ALIEN CHILDREN AND ALIENS WITH A SERIOUS

3 MENTAL DISABILITY.—Section 292 (8 U.S.C. 1362), as 

4 amended by subsection (a), is further amended by adding 

5 at the end the following: 

6 ‘‘(c) Notwithstanding subsection (b), the Attorney 

7 General shall appoint counsel, at the expense of the Gov8 ernment if necessary, to represent an alien in a removal 

9 proceeding who has been determined by the Secretary to 

10 be an unaccompanied alien child, is incompetent to rep11 resent himself or herself due to a serious mental disability 

12 that would be included in section 3(1) of the Americans 

13 with Disabilities Act of 1990 (42 U.S.C. 12102(1)), or is 

14 considered particularly vulnerable when compared to other 

15 aliens in removal proceedings, such that the appointment 

16 of counsel is necessary to help ensure fair resolution and 

17 efficient adjudication of the proceedings.’’. 

18 (d) FUNDING.—There shall be appropriated, from 

19 the Comprehensive Immigration Reform Trust Fund es20 tablished under section 9(a)(1), such sums as may be nec21 essary to carry out this section and the amendments made 

22 by this section. 

23 SEC. 3503. OFFICE OF LEGAL ACCESS PROGRAMS. 

24 (a) ESTABLISHMENT OF OFFICE OF LEGAL ACCESS

25 PROGRAMS.—The Attorney General shall maintain, within 


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1 the Executive Office for Immigration Review, an Office 

2 of Legal Access Programs to develop and administer a sys3 tem of legal orientation programs to make immigration 

4 proceedings more efficient and cost effective by educating 

5 aliens regarding administrative procedures and legal 

6 rights under United States immigration law and to estab7 lish other programs to assist in providing aliens access to 

8 legal information. 

9 (b) LEGAL ORIENTATION PROGRAMS.—The legal ori10 entation programs— 

11 (1) shall provide programs to assist detained 

12 aliens in making informed and timely decisions re13 garding their removal and eligibility for relief from 

14 removal in order to increase efficiency and reduce 

15 costs in immigration proceedings and Federal cus16 tody processes and to improve access to counsel and 

17 other legal services; 

18 (2) may provide services to detained aliens in 

19 immigration proceedings under sections 235, 238, 

20 240, and 241(a)(5) of the Immigration and Nation21 ality Act (8 U.S.C. 1225, 1228, 1229a, and 

22 1231(a)(5)) and to other aliens in immigration and 

23 asylum proceedings under sections 235, 238, and 

24 240 of the Immigration and Nationality Act (8 

25 U.S.C. 1225, 1228, and 1229a); and 


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1 (3) shall identify unaccompanied alien children, 

2 aliens with a serious mental disability, and other 

3 particularly vulnerable aliens for consideration by 

4 the Attorney General pursuant to section 292(c) of 

5 the Immigration and Nationality Act, as added by 

6 section 3502(c). 

7 (c) PROCEDURES.—The Secretary, in consultation 

8 with the Attorney General, shall establish procedures that 

9 ensure that legal orientation programs are available for 

10 all detained aliens within 5 days of arrival into custody 

11 and to inform such aliens of the basic procedures of immi12 gration hearings, their rights relating to those hearings 

13 under the immigration laws, information that may deter 

14 such aliens from filing frivolous legal claims, and any 

15 other information deemed appropriate by the Attorney 

16 General, such as a contact list of potential legal resources 

17 and providers. 

18 (d) RULE OF CONSTRUCTION.—Nothing in this sub19 section shall be construed to create any substantive or pro20 cedural right or benefit that is legally enforceable by any 

21 party against the United States or its agencies or officers 

22 or any other person. 

23 (e) FUNDING.—There shall be appropriated, from the 

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1 lished under section 9(a)(1), such sums as may be nec2 essary to carry out this section. 

3 SEC. 3504. CODIFYING BOARD OF IMMIGRATION APPEALS. 

4 (a) DEFINITION OF BOARD MEMBER.—Section 

5 101(a) (8 U.S.C. 1101(a)) is amended by adding at the 

6 end the following: 

7 ‘‘(53) The term ‘Board Member’ means an at8 torney whom the Attorney General appoints to serve 

9 on the Board of Immigration Appeals within the Ex10 ecutive Office of Immigration Review, and is quali11 fied to review decisions of immigration judges and 

12 other matters within the jurisdiction of the Board of 

13 Immigration Appeals.’’. 

14 (b) BOARD OF IMMIGRATION APPEALS.—Section 

15 240(a)(1) (8 U.S.C. 1229a(a)(1)) is amended by adding 

16 at the end the following: ‘‘The Board of Immigration Ap17 peals and its Board Members shall review decisions of im18 migration judges under this section.’’. 

19 (c) APPEALS.—Section 240(b)(4) (8 U.S.C. 

20 1229a(b)(4)), as amended by section 3502(b), is further 

21 amended— 

22 (1) in subparagraph (B), by striking ‘‘, and’’ 

23 and inserting a semicolon; 

24 (2) in subparagraph (C), by striking the period 

25 and inserting ‘‘; and’’; and 


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1 (3) by inserting after subparagraph (C) the fol2 lowing: 

3 ‘‘(D) the alien or the Department of 

4 Homeland Security may appeal the immigration 

5 judge’s decision to a 3-judge panel of the Board 

6 of Immigration Appeals.’’. 

7 (d) DECISION AND BURDEN OF PROOF.—Section 

8 240(c)(1)(A) (8 U.S.C. 1229a(c)(1)(A)) is amended to 

9 read as follows: 

10 ‘‘(A) IN GENERAL.—At the conclusion of 

11 the proceeding, the immigration judge shall de12 cide whether an alien is removable from the 

13 United States. The determination of the immi14 gration judge shall be based only on the evi15 dence produced at the hearing. On appeal, the 

16 Board of Immigration Appeals shall issue a 

17 written opinion. The opinion shall address all 

18 dispositive arguments raised by the parties. The 

19 panel may incorporate by reference the opinion 

20 of the immigration judge whose decision is 

21 being reviewed, provided that the panel also ad22 dresses any arguments made by the nonpre23 vailing party regarding purported errors of law, 

24 fact, or discretion.’’. 


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1 SEC. 3505. IMPROVED TRAINING FOR IMMIGRATION 

2 JUDGES AND BOARD MEMBERS. 

3 (a) IN GENERAL.—Section 240 (8 U.S.C. 1229a) is 

4 amended by adding at the end the following: 

5 ‘‘(f) IMPROVED TRAINING.— 

6 ‘‘(1) IMPROVED TRAINING FOR IMMIGRATION

7 JUDGES AND BOARD MEMBERS.— 

8 ‘‘(A) IN GENERAL.—In consultation with 

9 the Attorney General and the Director of the 

10 Federal Judicial Center, the Director of the Ex11 ecutive Office for Immigration Review shall re12 view and modify, as appropriate, training pro13 grams for immigration judges and Board Mem14 bers. 

15 ‘‘(B) ELEMENTS OF REVIEW.—Each such 

16 review shall study— 

17 ‘‘(i) the expansion of the training pro18 gram for new immigration judges and 

19 Board Members; 

20 ‘‘(ii) continuing education regarding 

21 current developments in the field of immi22 gration law; and 

23 ‘‘(iii) methods to ensure that immigra24 tion judges are trained on properly crafting 

25 and dictating decisions. 


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1 ‘‘(2) IMPROVED TRAINING AND GUIDANCE FOR

2 STAFF.—The Director of the Executive Office for 

3 Immigration Review shall— 

4 ‘‘(A) modify guidance and training regard5 ing screening standards and standards of re6 view; and 

7 ‘‘(B) ensure that Board Members provide 

8 staff attorneys with appropriate guidance in 

9 drafting decisions in individual cases, consistent 

10 with the policies and directives of the Director 

11 of the Executive Office for Immigration Review 

12 and the Chairman of the Board of Immigration 

13 Appeals.’’. 

14 (b) FUNDING.—There shall be appropriated, from the 

15 Comprehensive Immigration Reform Trust Fund estab16 lished under section 9(a)(1), such sums as may be nec17 essary to carry out this section and the amendment made 

18 by this section. 

19 SEC. 3506. IMPROVED RESOURCES AND TECHNOLOGY FOR 

20 IMMIGRATION COURTS AND BOARD OF IMMI21 GRATION APPEALS. 

22 (a) IMPROVED ON-BENCH REFERENCE MATERIALS

23 AND DECISION TEMPLATES.—The Director of the Execu24 tive Office for Immigration Review shall ensure that immi25 gration judges are provided with updated reference mateVerDate Mar 15 2010 00:25 Oct 04, 2013 Jkt 039200 PO 00000 Frm 00704 Fmt 6652 Sfmt 6201 E:\BILLS\H15.IH H15

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1 rials and standard decision templates that conform to the 

2 law of the circuits in which they sit. 

3 (b) PRACTICE MANUAL.—The Director of the Execu4 tive Office for Immigration Review shall produce a prac5 tice manual describing best practices for the immigration 

6 courts and shall make such manual available electronically 

7 to counsel and litigants who appear before the immigra8 tion courts. 

9 (c) RECORDING SYSTEM AND OTHER TECH10 NOLOGIES.— 

11 (1) PLAN REQUIRED.—The Director of the Ex12 ecutive Office for Immigration Review shall provide 

13 the Attorney General with a plan and a schedule to 

14 replace the immigration courts’ tape recording sys15 tem with a digital recording system that is compat16 ible with the information management systems of 

17 the Executive Office for Immigration Review. 

18 (2) AUDIO RECORDING SYSTEM.—Consistent 

19 with the plan described in paragraph (1), the Direc20 tor shall pilot a digital audio recording system not 

21 later than 1 year after the enactment of this Act, 

22 and shall begin nationwide implementation of that 

23 system as soon as practicable. 

24 (d) IMPROVED TRANSCRIPTION SERVICES.—Not 

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1 rector of the Executive Office for Immigration Review 

2 shall report to the Attorney General on the current tran3 scription services utilized by the Office and recommend 

4 improvements to this system regarding quality and timeli5 ness of transcription. 

6 (e) IMPROVED INTERPRETER SELECTION.—Not later 

7 than 1 year after the enactment of this Act, the Director 

8 of the Executive Office for Immigration Review shall re9 port to the Attorney General on the current interpreter 

10 selection process utilized by the Office and recommend im11 provements to this process regarding screening, hiring, 

12 certification, and evaluation of staff and contract inter13 preters. 

14 (f) FUNDING.—There shall be appropriated, from the 

15 Comprehensive Immigration Reform Trust Fund estab16 lished under section 9(a)(1), such sums as may be nec17 essary to carry out this section. 

18 SEC. 3507. TRANSFER OF RESPONSIBILITY FOR TRAF19 FICKING PROTECTIONS. 

20 (a) TRANSFER OF RESPONSIBILITY.— 

21 (1) IN GENERAL.—All unexpended balances ap22 propriated or otherwise available to the Department 

23 of Health and Human Services and its Office of Ref24 ugee Resettlement in connection with the functions 

25 provided for in paragraphs (5) and (6) of section 


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1 235(c) of the William Wilberforce Trafficking Vic2 tims Protection Reauthorization Act of 2008 (8 

3 U.S.C. 1232(c)), shall, subject to section 202 of the 

4 Budget and Accounting Procedures Act of 1950, be 

5 transferred to the Department of Justice. Funds 

6 transferred pursuant to this paragraph shall remain 

7 available until expended and shall be used only for 

8 the purposes for which the funds were originally au9 thorized and appropriated. 

10 (2) CONTRACT AUTHORITY.—The Attorney 

11 General may award grants to, and enter into con12 tracts to carry out the functions set forth in para13 graphs (5) and (6) of Section 235(c) of the William 

14 Wilberforce Trafficking Victims Protection Reau15 thorization Act of 2008. 

16 (b) CONFORMING AMENDMENTS.—Section 235(c) of 

17 the William Wilberforce Trafficking Victims Protection 

18 Reauthorization Act of 2008 (8 U.S.C. 1232(c)) is amend19 ed— 

20 (1) in paragraph (5)— 

21 (A) by striking ‘‘Secretary of Health and 

22 Human Services’’ each place it appears and in23 serting ‘‘Attorney General’’; and 

24 (B) by striking the last sentence; and 

25 (2) in paragraph (6)— 


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1 (A) by striking ‘‘Secretary of Health and 

2 Human Services’’ each place it appears and in3 serting ‘‘Attorney General’’; 

4 (B) in subparagraphs (B)(ii), (D), and 

5 (F), by striking ‘‘Secretary’’ each place it ap6 pears and inserting ‘‘Attorney General’’; and 

7 (C) in subparagraph (F), by striking ‘‘and 

8 Human Services’’. 

9 Subtitle F—Prevention of Traf10 ficking in Persons and Abuses 

11 Involving Workers Recruited 

12 Abroad 

13 SEC. 3601. DEFINITIONS. 

14 (a) IN GENERAL.—Except as otherwise provided by 

15 this subtitle, the terms used in this subtitle shall have the 

16 same meanings, respectively, as are given those terms in 

17 section 3 of the Fair Labor Standards Act of 1938 (29 

18 U.S.C. 203). 

19 (b) OTHER DEFINITIONS.— 

20 (1) FOREIGN LABOR CONTRACTOR.—The term 

21 ‘‘foreign labor contractor’’ means any person who 

22 performs foreign labor contracting activity, including 

23 any person who performs foreign labor contracting 

24 activity wholly outside of the United States, except 


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1 that the term does not include any entity of the 

2 United States Government. 

3 (2) FOREIGN LABOR CONTRACTING ACTIVITY.— 

4 The term ‘‘foreign labor contracting activity’’ means 

5 recruiting, soliciting, or related activities with re6 spect to an individual who resides outside of the 

7 United States in furtherance of employment in the 

8 United States, including when such activity occurs 

9 wholly outside of the United States. 

10 (3) PERSON.—The term ‘‘person’’ means any 

11 natural person or any corporation, company, firm, 

12 partnership, joint stock company or association or 

13 other organization or entity (whether organized 

14 under law or not), including municipal corporations. 

15 (4) WORKER.—the term ‘‘worker’’ means an in16 dividual or exchange visitor who is the subject of for17 eign labor contracting activity. 

18 SEC. 3602. DISCLOSURE. 

19 (a) REQUIREMENT FOR DISCLOSURE.—Any person 

20 who engages in foreign labor contracting activity shall as21 certain and disclose in writing in English and in the pri22 mary language of the worker at the time of the worker’s 

23 recruitment, the following information: 

24 (1) The identity and address of the employer 

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1 ducting the recruiting on behalf of the employer, in2 cluding any subcontractor or agent involved in such 

3 recruiting. 

4 (2) All assurances and terms and conditions of 

5 employment, from the prospective employer for 

6 whom the worker is being recruited, including the 

7 work hours, level of compensation to be paid, the 

8 place and period of employment, a description of the 

9 type and nature of employment activities, any 

10 withholdings or deductions from compensation and 

11 any penalties for terminating employment. 

12 (3) A signed copy of the work contract between 

13 the worker and the employer. 

14 (4) The type of visa under which the foreign 

15 worker is to be employed, the length of time for 

16 which the visa will be valid, the terms and conditions 

17 under which the visa may be renewed, and a clear 

18 statement of any expenses associated with securing 

19 or renewing the visa. 

20 (5) An itemized list of any costs or expenses to 

21 be charged to the worker and any deductions to be 

22 taken from wages, including any costs for housing or 

23 accommodation, transportation to and from the 

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1 pensation, costs of benefits provided, medical exami2 nations, healthcare, tools, or safety equipment costs. 

3 (6) The existence of any labor organizing effort, 

4 strike, lockout, or other labor dispute at the place of 

5 employment. 

6 (7) Whether and the extent to which workers 

7 will be compensated through workers’ compensation, 

8 private insurance, or otherwise for injuries or death, 

9 including work-related injuries and death, during the 

10 period of employment and, if so, the name of the 

11 State workers’ compensation insurance carrier or the 

12 name of the policyholder of the private insurance, 

13 the name and the telephone number of each person 

14 who must be notified of an injury or death, and the 

15 time period within which such notice must be given. 

16 (8) A statement, in a form specified by the Sec17 retary— 

18 (A) stating that— 

19 (i) no foreign labor contractor, agent, 

20 or employee of a foreign labor contractor, 

21 may lawfully assess any fee (including visa 

22 fees, processing fees, transportation fees, 

23 legal expenses, placement fees, and other 

24 costs) to a worker for any foreign labor 

25 contracting activity; and 


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1 (ii) the employer may bear such costs 

2 or fees for the foreign labor contractor, but 

3 that these fees cannot be passed along to 

4 the worker; 

5 (B) explaining that— 

6 (i) no additional significant require7 ments or changes may be made to the 

8 original contract signed by the worker 

9 without at least 24 hours to consider such 

10 changes and the specific consent of the 

11 worker, obtained voluntarily and without 

12 threat of penalty; and 

13 (ii) any significant changes made to 

14 the original contract that do not comply 

15 with clause (i) shall be a violation of this 

16 subtitle and be subject to the provisions of 

17 section 3610 of this Act; and 

18 (C) describing the protections afforded the 

19 worker by this section and by section 202 of the 

20 William Wilberforce Trafficking Victims Protec21 tion Reauthorization Act of 2008 (8 U.S.C. 

22 1375b) and any applicable visa program, in23 cluding— 


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1 (i) relevant information about the pro2 cedure for filing a complaint provided for 

3 in section 3610; and 

4 (ii) the telephone number for the na5 tional human trafficking resource center 

6 hotline number. 

7 (9) Any education or training to be provided or 

8 required, including— 

9 (A) the nature, timing, and cost of such 

10 training; 

11 (B) the person who will pay such costs; 

12 (C) whether the training is a condition of 

13 employment, continued employment, or future 

14 employment; and 

15 (D) whether the worker will be paid or re16 munerated during the training period, including 

17 the rate of pay. 

18 (b) RELATIONSHIP TO LABOR AND EMPLOYMENT

19 LAWS.—Nothing in the disclosure required by subsection 

20 (a) shall constitute a legal conclusion as to the worker’s 

21 status or rights under the labor and employment laws. 

22 (c) PROHIBITION ON FALSE AND MISLEADING IN23 FORMATION.—No foreign labor contractor or employer 

24 who engages in any foreign labor contracting activity shall 

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1 tion to any worker concerning any matter required to be 

2 disclosed under subsection (a). The disclosure required by 

3 this section is a document concerning the proper adminis4 tration of a matter within the jurisdiction of a department 

5 or agency of the United States for the purposes of section 

6 1519 of title 18, United States Code. 

7 SEC. 3603. PROHIBITION ON DISCRIMINATION. 

8 (a) IN GENERAL.—It shall be unlawful for an em9 ployer or a foreign labor contractor to fail or refuse to 

10 hire, discharge, intimidate, threaten, restrain, coerce, or 

11 blacklist any individual or otherwise discriminate against 

12 an individual with respect to compensation, terms, condi13 tions, or privileges of employment, because of such individ14 ual’s race, color, creed, sex, national origin, religion, age, 

15 or disability. 

16 (b) DETERMINATIONS OF DISCRIMINATION.—For the 

17 purposes of determining the existence of unlawful dis18 crimination under subsection (a)— 

19 (1) in the case of a claim of discrimination 

20 based on race, color, creed, sex, national origin, or 

21 religion, the same legal standards shall apply as are 

22 applicable under title VII of the Civil Rights Act of 

23 1964 (42 U.S.C. 2000e et seq.); 

24 (2) in the case of a claim of discrimination 

25 based on unlawful discrimination based on age, the 


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1 same legal standards shall apply as are applicable 

2 under the Age Discrimination in Employment Act of 

3 1967 (29 U.S.C. 621 et seq.); and 

4 (3) in the case of a claim of discrimination 

5 based on disability, the same legal standards shall 

6 apply as are applicable under title I of the Ameri7 cans With Disabilities Act of 1990 (42 U.S.C. 

8 12111 et seq.). 

9 SEC. 3604. RECRUITMENT FEES. 

10 No employer, foreign labor contractor, or agent or 

11 employee of a foreign labor contractor, shall assess any 

12 fee (including visa fees, processing fees, transportation 

13 fees, legal expenses, placement fees, and other costs) to 

14 a worker for any foreign labor contracting activity. 

15 SEC. 3605. REGISTRATION. 

16 (a) REQUIREMENT TO REGISTER.— 

17 (1) IN GENERAL.—Subject to paragraph (2), 

18 prior to engaging in any foreign labor contracting 

19 activity, any person who is a foreign labor contractor 

20 or who, for any money or other valuable consider21 ation paid or promised to be paid, performs a for22 eign labor contracting activity on behalf of a foreign 

23 labor contractor, shall obtain a certificate of reg24 istration from the Secretary of Labor pursuant to 


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1 regulations promulgated by the Secretary under sub2 section (c). 

3 (2) EXCEPTION FOR CERTAIN EMPLOYERS.—An 

4 employer, or employee of an employer, who engages 

5 in foreign labor contracting activity solely to find 

6 employees for that employer’s own use, and without 

7 the participation of any other foreign labor con8 tractor, shall not be required to register under this 

9 section. 

10 (b) NOTIFICATION.— 

11 (1) ANNUAL EMPLOYER NOTIFICATION.—Each 

12 employer shall notify the Secretary, not less fre13 quently than once every year, of the identity of any 

14 foreign labor contractor involved in any foreign labor 

15 contracting activity for, or on behalf of, the em16 ployer, including at a minimum, the name and ad17 dress of the foreign labor contractor, a description of 

18 the services for which the foreign labor contractor is 

19 being used, whether the foreign labor contractor is 

20 to receive any economic compensation for the serv21 ices, and, if so, the identity of the person or entity 

22 who is paying for the services. 

23 (2) ANNUAL FOREIGN LABOR CONTRACTOR NO24 TIFICATION.—Each foreign labor contractor shall 

25 notify the Secretary, not less frequently than once 


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1 every year, of the identity of any subcontractee, 

2 agent, or foreign labor contractor employee involved 

3 in any foreign labor contracting activity for, or on 

4 behalf of, the foreign labor contractor. 

5 (3) NONCOMPLIANCE NOTIFICATION.—An em6 ployer shall notify the Secretary of the identity of a 

7 foreign labor contractor whose activities do not com8 ply with this subtitle. 

9 (4) AGREEMENT.—Not later than 7 days after 

10 receiving a request from the Secretary, an employer 

11 shall provide the Secretary with the identity of any 

12 foreign labor contractor with which the employer has 

13 a contract or other agreement. 

14 (c) REGULATIONS.—Not later than 180 days after 

15 the date of the enactment of this Act, the Secretary shall 

16 promulgate regulations to establish an efficient electronic 

17 process for the timely investigation and approval of an ap18 plication for a certificate of registration of foreign labor 

19 contractors, including— 

20 (1) a declaration, subscribed and sworn to by 

21 the applicant, stating the applicant’s permanent 

22 place of residence, the foreign labor contracting ac23 tivities for which the certificate is requested, and 

24 such other relevant information as the Secretary 

25 may require; 


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1 (2) a set of fingerprints of the applicant; 

2 (3) an expeditious means to update registra3 tions and renew certificates; 

4 (4) providing for the consent of any foreign 

5 labor recruiter to the designation by a court of the 

6 Secretary as an agent available to accept service of 

7 summons in any action against the applicant, if the 

8 applicant has left the jurisdiction in which the action 

9 is commenced, otherwise has become unavailable to 

10 accept service, or is subject to personal jurisdiction 

11 in no State; 

12 (5) providing for the consent of any foreign 

13 labor recruiter to jurisdiction in the Department or 

14 any Federal or State court in the United States for 

15 any action brought by any aggrieved individual or 

16 worker; 

17 (6) providing for cooperation in any investiga18 tion by the Secretary or other appropriate authori19 ties; 

20 (7) providing for consent to the forfeiture of the 

21 bond for failure to cooperate with these provisions; 

22 (8) providing for consent to be liable for viola23 tions of this subtitle by any agents or subcontractees 

24 of any level in relation to the foreign labor con25 tracting activity of the agent or subcontractee to the 


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1 same extent as if the foreign labor contractor had 

2 committed the violation; and 

3 (9) providing for consultation with other appro4 priate Federal agencies to determine whether any 

5 reason exists to deny registration to a foreign labor 

6 contractor. 

7 (d) TERM OF REGISTRATION.—Unless suspended or 

8 revoked, a certificate under this section shall be valid for 

9 2 years. 

10 (e) APPLICATION FEE.— 

11 (1) REQUIREMENT FOR FEE.—In addition to 

12 any other fees authorized by law, the Secretary shall 

13 impose a fee, to be deposited in the general fund of 

14 the Treasury, on a foreign labor contractor that sub15 mits an application for a certificate of registration 

16 under this section. 

17 (2) AMOUNT OF FEE.—The amount of the fee 

18 required by paragraph (1) shall be set at a level that 

19 the Secretary determines sufficient to cover the full 

20 costs of carrying out foreign labor contract registra21 tion activities under this subtitle, including worker 

22 education and any additional costs associated with 

23 the administration of the fees collected. 

24 (f) REFUSAL TO ISSUE; REVOCATION.—In accord25 ance with regulations promulgated by the Secretary, the 


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1 Secretary shall refuse to issue or renew, or shall revoke 

2 and debar from eligibility to obtain a certificate of reg3 istration for a period of not greater than 5 years, after 

4 notice and an opportunity for a hearing, a certificate of 

5 registration under this section if— 

6 (1) the applicant for, or holder of, the certifi7 cation has knowingly made a material misrepresen8 tation in the application for such certificate; 

9 (2) the applicant for, or holder of, the certifi10 cation is not the real party in interest in the applica11 tion or certificate of registration and the real party 

12 in interest— 

13 (A) is a person who has been refused 

14 issuance or renewal of a certificate; 

15 (B) has had a certificate revoked; or 

16 (C) does not qualify for a certificate under 

17 this section; 

18 (3) the applicant for, or holder of, the certifi19 cation has been convicted within the preceding 5 

20 years of— 

21 (A) any felony under State or Federal law 

22 or crime involving robbery, bribery, extortion, 

23 embezzlement, grand larceny, burglary, arson, 

24 violation of narcotics laws, murder, rape, as25 sault with intent to kill, assault which inflicts 


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1 grievous bodily injury, prostitution, peonage, or 

2 smuggling or harboring individuals who have 

3 entered the United States illegally; or 

4 (B) any crime relating to gambling, or to 

5 the sale, distribution or possession of alcoholic 

6 beverages, in connection with or incident to any 

7 labor contracting activities; or 

8 (4) the applicant for, or holder of, the certifi9 cation has materially failed to comply with this sec10 tion. 

11 (g) RE-REGISTRATION OF VIOLATORS.—The Sec12 retary shall establish a procedure by which a foreign labor 

13 contractor that has had its registration revoked under sub14 section (f) may seek to re-register under this subsection 

15 by demonstrating to the Secretary’s satisfaction that the 

16 foreign labor contractor has not violated this subtitle in 

17 the previous 5 years and that the foreign labor contractor 

18 has taken sufficient steps to prevent future violations of 

19 this subtitle. 

20 SEC. 3606. BONDING REQUIREMENT. 

21 (a) IN GENERAL.—The Secretary shall require a for22 eign labor contractor to post a bond in an amount suffi23 cient to ensure the ability of the foreign labor contractor 

24 to discharge its responsibilities and to ensure protection 

25 of workers, including wages. 


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1 (b) REGULATIONS.—The Secretary, by regulation, 

2 shall establish the conditions under which the bond 

3 amount is determined, paid, and forfeited. 

4 (c) RELATIONSHIP TO OTHER REMEDIES.—The bond 

5 requirements and forfeiture of the bond under this section 

6 shall be in addition to other remedies under 3610 or any 

7 other law. 

8 SEC. 3607. MAINTENANCE OF LISTS. 

9 (a) IN GENERAL.—The Secretary shall maintain— 

10 (1) a list of all foreign labor contractors reg11 istered under this subsection, including— 

12 (A) the countries from which the contrac13 tors recruit; 

14 (B) the employers for whom the contrac15 tors recruit; 

16 (C) the visa categories and occupations for 

17 which the contractors recruit; and 

18 (D) the States where recruited workers are 

19 employed; and 

20 (2) a list of all foreign labor contractors whose 

21 certificate of registration the Secretary has revoked. 

22 (b) UPDATES; AVAILABILITY.—The Secretary shall— 

23 (1) update the lists required by subsection (a) 

24 on an ongoing basis, not less frequently than every 

25 6 months; and 


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1 (2) make such lists publicly available, including 

2 through continuous publication on Internet websites 

3 and in written form at and on the websites of 

4 United States embassies in the official language of 

5 that country. 

6 (c) INTER-AGENCY AVAILABILITY.—The Secretary 

7 shall share the information described in subsection (a) 

8 with the Secretary of State. 

9 SEC. 3608. AMENDMENT TO THE IMMIGRATION AND NA10 TIONALITY ACT. 

11 Section 214 (8 U.S.C. 1184) is amended by adding 

12 at the end the following: 

13 ‘‘(s) A visa shall not be issued under the subpara14 graph (A)(iii), (B)(i) (but only for domestic servants de15 scribed in clause (i) or (ii) of section 274a.12(c)(17) of 

16 title 8, Code of Federal Regulations (as in effect on De17 cember 4, 2007)), (G)(v), (H), (J), (L), (Q), (R), or (W) 

18 of section 101(a)(15) until the consular officer— 

19 ‘‘(1) has provided to and reviewed with the ap20 plicant, in the applicant’s language (or a language 

21 the applicant understands), a copy of the informa22 tion and resources pamphlet required by section 202 

23 of the William Wilberforce Trafficking Victims Pro24 tection Reauthorization Act of 2008 (8 U.S.C. 

25 1375b); and 


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1 ‘‘(2) has reviewed and made a part of the visa 

2 file the foreign labor recruiter disclosures required 

3 by section 3602 of the Border Security, Economic 

4 Opportunity, and Immigration Modernization Act, 

5 including whether the foreign labor recruiter is reg6 istered pursuant to that section.’’. 

7 SEC. 3609. RESPONSIBILITIES OF SECRETARY OF STATE. 

8 (a) IN GENERAL.—The Secretary of State shall en9 sure that each United States diplomatic mission has a per10 son who shall be responsible for receiving information 

11 from any worker who has been subject to violations of this 

12 subtitle. 

13 (b) PROVISION OF INFORMATION.—The responsible 

14 person referred to in subsection (a) shall ensure that the 

15 information received is provided to the Department of Jus16 tice, the Department of Labor, or any other relevant Fed17 eral agency. 

18 (c) MECHANISMS.—The Attorney General and the 

19 Secretary shall ensure that there is a mechanism for any 

20 actions that need to be taken in response to information 

21 received under subsection (a). 

22 (d) ASSISTANCE FROM FOREIGN GOVERNMENT.— 

23 The person designated for receiving information pursuant 

24 to subsection (a) is strongly encouraged to coordinate with 

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1 tries of origin to ensure the worker receives additional sup2 port. 

3 (e) MAINTENANCE AND AVAILABILITY OF INFORMA4 TION.—The Secretary of State shall ensure that con5 sulates maintain information regarding the identities of 

6 foreign labor contractors and the employers to whom the 

7 foreign labor contractors supply workers. The Secretary 

8 of State shall make such information publicly available in 

9 written form and online, including on the websites of 

10 United States embassies in the official language of that 

11 country. 

12 (f) ANNUAL PUBLIC DISCLOSE.—The Secretary of 

13 State shall make publicly available online, on an annual 

14 basis, data disclosing the gender, country of origin and 

15 state, if available, date of birth, wage, level of training, 

16 and occupation category, disaggregated by job and by visa 

17 category and subcategory. 

18 SEC. 3610. ENFORCEMENT PROVISIONS. 

19 (a) COMPLAINTS AND INVESTIGATIONS.—The Sec20 retary— 

21 (1) shall establish a process for the receipt, in22 vestigation, and disposition of complaints filed by 

23 any person, including complaints respecting a for24 eign labor contractor’s compliance with this subtitle; 

25 and 


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1 (2) either pursuant to the process required by 

2 paragraph (1) or otherwise, may investigate employ3 ers or foreign labor contractors, including actions oc4 curring in a foreign country, as necessary to deter5 mine compliance with this subtitle. 

6 (b) ENFORCEMENT.— 

7 (1) IN GENERAL.—A worker who believes that 

8 he or she has suffered a violation of this subtitle 

9 may seek relief from an employer by— 

10 (A) filing a complaint with the Secretary 

11 within 3 years after the date on which the viola12 tion occurred or date on which the employee be13 came aware of the violation; or 

14 (B) if the Secretary has not issued a final 

15 decision within 120 days of the filing of the 

16 complaint and there is no showing that such 

17 delay is due to the bad faith of the claimant, 

18 bringing an action at law or equity for de novo 

19 review in the appropriate district court of the 

20 United States, which shall have jurisdiction 

21 over such an action without regard to the 

22 amount in controversy. 

23 (2) PROCEDURE.— 

24 (A) IN GENERAL.—Unless otherwise pro25 vided herein, a complaint under paragraph 


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1 (1)(A) shall be governed under the rules and 

2 procedures set forth in paragraphs (1) and 

3 (2)(A) of section 42121(b) of title 49, United 

4 States Code. 

5 (B) EXCEPTION.—Notification of a com6 plaint under paragraph (1)(A) shall be made to 

7 each person or entity named in the complaint 

8 as a defendant and to the employer. 

9 (C) STATUTE OF LIMITATIONS.—An action 

10 filed in a district court of the United States 

11 under paragraph (1)(B) shall be commenced 

12 not later than 180 days after the last day of the 

13 120-day period referred to in that paragraph. 

14 (D) JURY TRIAL.—A party to an action 

15 brought under paragraph (1)(B) shall be enti16 tled to trial by jury. 

17 (c) ADMINISTRATIVE ENFORCEMENT.— 

18 (1) IN GENERAL.—If the Secretary finds, after 

19 notice and an opportunity for a hearing, any foreign 

20 labor contractor or employer failed to comply with 

21 any of the requirements of this subtitle, the Sec22 retary may impose the following against such con23 tractor or employer— 

24 (A) a fine in an amount not more than 

25 $10,000 per violation; and 


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1 (B) upon the occasion of a third violation 

2 or a failure to comply with representations, a 

3 fine of not more than $25,000 per violation. 

4 (d) AUTHORITY TO ENSURE COMPLIANCE.—The 

5 Secretary is authorized to take other such actions, includ6 ing issuing subpoenas and seeking appropriate injunctive 

7 relief and recovery of damages, as may be necessary to 

8 assure compliance with the terms and conditions of this 

9 subtitle. 

10 (e) BONDING.—Pursuant to the bonding requirement 

11 in section 3606, bond liquidation and forfeitures shall be 

12 in addition to other remedies under this section or any 

13 other law. 

14 (f) CIVIL ACTION.— 

15 (1) IN GENERAL.—The Secretary or any person 

16 aggrieved by a violation of this subtitle may bring a 

17 civil action against any foreign labor contractor that 

18 does not meet the requirements under subsection 

19 (g)(2) in any court of competent jurisdiction— 

20 (A) to seek remedial action, including in21 junctive relief; 

22 (B) to recover damages on behalf of any 

23 worker harmed by a violation of this subsection; 

24 and 


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1 (C) to ensure compliance with require2 ments of this section. 

3 (2) ACTIONS BY THE SECRETARY OF HOME4 LAND SECURITY.— 

5 (A) SUMS RECOVERED.—Any sums recov6 ered by the Secretary on behalf of a worker 

7 under paragraph (1) or through liquidation of 

8 the bond held pursuant to section 3606 shall be 

9 held in a special deposit account and shall be 

10 paid, on order of the Secretary, directly to each 

11 worker affected. Any such sums not paid to a 

12 worker because of inability to do so within a pe13 riod of 5 years shall be credited as an offsetting 

14 collection to the appropriations account of the 

15 Secretary for expenses for the administration of 

16 this section and shall remain available to the 

17 Secretary until expended or may be used for en18 forcement of the laws within the jurisdiction of 

19 the wage and hour division or may be trans20 ferred to the Secretary of Health and Human 

21 Services for the purpose of providing support to 

22 programs that provide assistance to victims of 

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1 ney or organization representing workers to lo2 cate workers owed sums under this section. 

3 (B) REPRESENTATION.—Except as pro4 vided in section 518(a) of title 28, United 

5 States Code, the Attorney General may appear 

6 for and represent the Secretary in any civil liti7 gation brought under this paragraph. All such 

8 litigation shall be subject to the direction and 

9 control of the Attorney General. 

10 (3) ACTIONS BY INDIVIDUALS.— 

11 (A) AWARD.—If the court finds in a civil 

12 action filed by an individual under this section 

13 that the defendant has violated any provision of 

14 this subtitle (or any regulation issued pursuant 

15 to this subtitle), the court may award— 

16 (i) damages, up to and including an 

17 amount equal to the amount of actual 

18 damages, and statutory damages of up to 

19 $1,000 per plaintiff per violation, or other 

20 equitable relief, except that with respect to 

21 statutory damages— 

22 (I) multiple infractions of a sin23 gle provision of this subtitle (or of a 

24 regulation under this subtitle) shall 

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1 poses of section 3602(a) to determine 

2 the amount of statutory damages due 

3 a plaintiff; and 

4 (II) if such complaint is certified 

5 as a class action the court may 

6 award— 

7 (aa) damages up to an 

8 amount equal to the amount of 

9 actual damages; and 

10 (bb) statutory damages of 

11 not more than the lesser of up to 

12 $1,000 per class member per vio13 lation, or up to $500,000; and 

14 other equitable relief; 

15 (ii) reasonable attorneys’ fees and 

16 costs; and 

17 (iii) such other and further relief, in18 cluding declaratory and injunctive relief, as 

19 necessary to effectuate the purposes of this 

20 subtitle. 

21 (B) CRITERIA.—In determining the 

22 amount of statutory damages to be awarded 

23 under subparagraph (A), the court is author24 ized to consider whether an attempt was made 


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1 to resolve the issues in dispute before the resort 

2 to litigation. 

3 (C) BOND.—To satisfy the damages, fees, 

4 and costs found owing under this clause, the 

5 Secretary shall release as much of the bond 

6 held pursuant to section 3606 as necessary. 

7 (D) APPEAL.—Any civil action brought 

8 under this section shall be subject to appeal as 

9 provided in chapter 83 of title 28, United 

10 States Code (28 U.S.C. 1291 et seq.). 

11 (E) ACCESS TO LEGAL SERVICES COR12 PORATION.—Notwithstanding any other provi13 sion of law, the Legal Services Corporation and 

14 recipients of its funding may provide legal as15 sistance on behalf of any alien with respect to 

16 any provision of this subtitle. 

17 (g) AGENCY LIABILITY.— 

18 (1) IN GENERAL.—Beginning 180 days after 

19 the Secretary has promulgated regulations pursuant 

20 to section 3605(c), an employer who retains the 

21 services of a foreign labor contractor shall only use 

22 those foreign labor contractors who are registered 

23 under section 3605. 

24 (2) SAFE HARBOR.—An employer shall not have 

25 any liability under this section if the employer hires 


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1 workers referred by a foreign labor contractor that 

2 has a valid registration with the Department pursu3 ant to section 3604. 

4 (3) LIABILITY FOR AGENTS.—Foreign labor 

5 contractors shall be subject to the provisions of this 

6 section for violations committed by the foreign labor 

7 contractor’s agents or subcontractees of any level in 

8 relation to their foreign labor contracting activity to 

9 the same extent as if the foreign labor contractor 

10 had committed the violation. 

11 (h) RETALIATION.— 

12 (1) IN GENERAL.—No person shall intimidate, 

13 threaten, restrain, coerce, discharge, or in any other 

14 manner discriminate or retaliate against any worker 

15 or their family members (including a former em16 ployee or an applicant for employment) because such 

17 worker disclosed information to any person that the 

18 worker reasonably believes evidences a violation of 

19 this section (or any rule or regulation pertaining to 

20 this section), including seeking legal assistance of 

21 counsel or cooperating with an investigation or other 

22 proceeding concerning compliance with this section 

23 (or any rule or regulation pertaining to this section). 

24 (2) ENFORCEMENT.—An individual who is sub25 ject to any conduct described in paragraph (1) may, 


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1 in a civil action, recover appropriate relief, including 

2 reasonable attorneys’ fees and costs, with respect to 

3 that violation. Any civil action under this subpara4 graph shall be stayed during the pendency of any 

5 criminal action arising out of the violation. 

6 (i) WAIVER OF RIGHTS.—Agreements by employees 

7 purporting to waive or to modify their rights under this 

8 subtitle shall be void as contrary to public policy. 

9 (j) PRESENCE DURING PENDENCY OF ACTIONS.— 

10 (1) IN GENERAL.—If other immigration relief is 

11 not available, the Attorney General and the Sec12 retary shall grant advance parole to permit a non13 immigrant to remain legally in the United States for 

14 time sufficient to fully and effectively participate in 

15 all legal proceedings related to any action taken pur16 suant to this section. 

17 (2) REGULATIONS.—Not later than 180 days 

18 after the date of the enactment of this Act, the Sec19 retary shall promulgate regulations to carry out 

20 paragraph (1). 

21 SEC. 3611. DETECTING AND PREVENTING CHILD TRAF22 FICKING. 

23 The Secretary shall mandate the live training of all 

24 U.S. Customs and Border Protection personnel who are 

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1 dren. Such training shall incorporate the services of child 

2 welfare professionals with expertise in culturally com3 petent, trauma-centered, and developmentally appropriate 

4 interviewing skills to assist U.S. Customs and Border Pro5 tection in the screening of children attempting to enter 

6 the United States. 

7 SEC. 3612. PROTECTING CHILD TRAFFICKING VICTIMS. 

8 (a) SHORT TITLE.—This section may be cited as the 

9 ‘‘Child Trafficking Victims Protection Act’’. 

10 (b) DEFINED TERM.—In this section, the term ‘‘un11 accompanied alien children’’ has the meaning given such 

12 term in section 462 of the Homeland Security Act of 2002 

13 (6 U.S.C. 279). 

14 (c) CARE AND TRANSPORTATION.—Notwithstanding 

15 any other provision of law, the Secretary shall ensure that 

16 all unaccompanied alien children who will undergo any im17 migration proceedings before the Department or the Exec18 utive Office for Immigration Review are duly transported 

19 and placed in the care and legal and physical custody of 

20 the Office of Refugee Resettlement not later than 72 

21 hours after their apprehension absent exceptional cir22 cumstances, including a natural disaster or comparable 

23 emergency beyond the control of the Secretary or the Of24 fice of Refugee Resettlement. The Secretary, to the extent 

25 practicable, shall ensure that female officers are continuVerDate Mar 15 2010 00:25 Oct 04, 2013 Jkt 039200 PO 00000 Frm 00735 Fmt 6652 Sfmt 6201 E:\BILLS\H15.IH H15

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1 ously present during the transfer and transport of female 

2 detainees who are in the custody of the Department. 

3 (d) QUALIFIED RESOURCES.— 

4 (1) IN GENERAL.—The Secretary shall provide 

5 adequately trained and qualified staff and resources, 

6 including the accommodation of child welfare offi7 cials, in accordance with subsection (e), at U.S. Cus8 toms and Border Protection ports of entry and sta9 tions. 

10 (2) CHILD WELFARE PROFESSIONALS.—The 

11 Secretary of Health and Human Services, in con12 sultation with the Secretary, shall hire, on a full- or 

13 part-time basis, child welfare professionals who will 

14 provide assistance, either in person or by other ap15 propriate methods of communication, in not fewer 

16 than 7 of the U.S. Customs and Border Protection 

17 offices or stations with the largest number of unac18 companied alien child apprehensions in the previous 

19 fiscal year. 

20 (e) CHILD WELFARE PROFESSIONALS.— 

21 (1) IN GENERAL.—The Secretary, in consulta22 tion with the Secretary of Health and Human Serv23 ices, shall ensure that qualified child welfare profes24 sionals with expertise in culturally competent, trau25 ma-centered, and developmentally appropriate interVerDate Mar 15 2010 00:25 Oct 04, 2013 Jkt 039200 PO 00000 Frm 00736 Fmt 6652 Sfmt 6201 E:\BILLS\H15.IH H15

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1 viewing skills are available at each major port of 

2 entry described in subsection (d). 

3 (2) DUTIES.—Child welfare professionals de4 scribed in paragraph (1) shall— 

5 (A) develop guidelines for treatment of un6 accompanied alien children in the custody of the 

7 Department; 

8 (B) conduct screening of all unaccom9 panied alien children in accordance with section 

10 235(a)(4) of the William Wilberforce Traf11 ficking Victims Protection Reauthorization Act 

12 of 2008 (8 U.S.C. 1232(a)(4)); 

13 (C) notify the Department and the Office 

14 of Refugee Resettlement of children that poten15 tially meet the notification and transfer require16 ments set forth in subsections (a) and (b) of 

17 section 235 of such Act (8 U.S.C. 1232); 

18 (D) interview adult relatives accompanying 

19 unaccompanied alien children; 

20 (E) provide an initial family relationship 

21 and trafficking assessment and recommenda22 tions regarding unaccompanied alien children’s 

23 initial placements to the Office of Refugee Re24 settlement, which shall be conducted in accord25 ance with the time frame set forth in subVerDate Mar 15 2010 00:25 Oct 04, 2013 Jkt 039200 PO 00000 Frm 00737 Fmt 6652 Sfmt 6201 E:\BILLS\H15.IH H15

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1 sections (a)(4) and (b)(3) of section 235 of 

2 such Act (8 U.S.C. 1232); and 

3 (F) ensure that each unaccompanied alien 

4 child in the custody of U.S. Customs and Bor5 der Protection— 

6 (i) receives emergency medical care 

7 when necessary; 

8 (ii) receives emergency medical and 

9 mental health care that complies with the 

10 standards adopted pursuant to section 8(c) 

11 of the Prison Rape Elimination Act of 

12 2003 (42 U.S.C. 15607(c)) whenever nec13 essary, including in cases in which a child 

14 is at risk to harm himself, herself, or oth15 ers; 

16 (iii) is provided with climate appro17 priate clothing, shoes, basic personal hy18 giene and sanitary products, a pillow, lin19 ens, and sufficient blankets to rest at a 

20 comfortable temperature; 

21 (iv) receives adequate nutrition; 

22 (v) enjoys a safe and sanitary living 

23 environment; 


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1 (vi) has access to daily recreational 

2 programs and activities if held for a period 

3 longer than 24 hours; 

4 (vii) has access to legal services and 

5 consular officials; and 

6 (viii) is permitted to make supervised 

7 phone calls to family members. 

8 (3) FINAL DETERMINATIONS.—The Office of 

9 Refugee Resettlement in accordance with applicable 

10 policies and procedures for sponsors, shall submit 

11 final determinations on family relationships to the 

12 Secretary, who shall consider such adult relatives for 

13 community-based support alternatives to detention. 

14 (4) REPORT.—Not later than 18 months after 

15 the date of the enactment of this Act, and annually 

16 thereafter, the Secretary shall submit a report to 

17 Congress that— 

18 (A) describes the screening procedures 

19 used by the child welfare professionals to screen 

20 unaccompanied alien children; 

21 (B) assesses the effectiveness of such 

22 screenings; and 

23 (C) includes data on all unaccompanied 

24 alien children who were screened by child wel25 fare professionals; 


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1 (f) IMMEDIATE NOTIFICATION.—The Secretary shall 

2 notify the Office of Refugee Resettlement of an unaccom3 panied alien child in the custody of the Department as 

4 soon as practicable, but generally not later than 48 hours 

5 after the Department encounters the child, to effectively 

6 and efficiently coordinate the child’s transfer to and place7 ment with the Office of Refugee Resettlement. 

8 (g) NOTICE OF RIGHTS AND RIGHT TO ACCESS TO

9 COUNSEL.— 

10 (1) IN GENERAL.—The Secretary shall ensure 

11 that all unaccompanied alien children, upon appre12 hension, are provided— 

13 (A) an interview and screening with a child 

14 welfare professional described in subsection 

15 (e)(1); and 

16 (B) an orientation and oral and written 

17 notice of their rights under the Immigration 

18 and Nationality Act, including— 

19 (i) their right to relief from removal; 

20 (ii) their right to confer with counsel 

21 (as guaranteed under section 292 of such 

22 Act (8 U.S.C. 1362)), family, or friends 

23 while in the temporary custody of the De24 partment; and 


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1 (iii) relevant complaint mechanisms to 

2 report any abuse or misconduct they may 

3 have experienced. 

4 (2) LANGUAGES.—The Secretary shall ensure 

5 that— 

6 (A) the video orientation and written no7 tice of rights described in paragraph (1) is 

8 available in English and in the 5 most common 

9 native languages spoken by the unaccompanied 

10 children held in custody at that location during 

11 the preceding fiscal year; and 

12 (B) the oral notice of rights is available in 

13 English and in the most common native lan14 guage spoken by the unaccompanied children 

15 held in custody at that location during the pre16 ceding fiscal year. 

17 (h) CONFIDENTIALITY.—The Secretary of Health 

18 and Human Services shall maintain the privacy and con19 fidentiality of all information gathered in the course of 

20 providing care, custody, placement, and follow-up services 

21 to unaccompanied alien children, consistent with the best 

22 interest of the unaccompanied alien child, by not dis23 closing such information to other government agencies or 

24 nonparental third parties unless such disclosure is— 


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1 (1) recorded in writing and placed in the child’s 

2 file; 

3 (2) in the child’s best interest; and 

4 (3)(A) authorized by the child or by an ap5 proved sponsor in accordance with section 235 of the 

6 William Wilberforce Trafficking Victims Protection 

7 Reauthorization Act of 2008 (8 U.S.C. 1232) and 

8 the Health Insurance Portability and Accountability 

9 Act (Public Law 104–191); or 

10 (B) provided to a duly recognized law enforce11 ment entity to prevent imminent and serious harm 

12 to another individual. 

13 (i) OTHER POLICIES AND PROCEDURES.—The Sec14 retary shall adopt fundamental child protection policies 

15 and procedures— 

16 (1) for reliable age determinations of children, 

17 developed in consultation with medical and child wel18 fare experts, which exclude the use of fallible foren19 sic testing of children’s bone and teeth; 

20 (2) to utilize all legal authorities to defer the 

21 child’s removal if the child faces a risk of life-threat22 ening harm upon return including due to the child’s 

23 mental health or medical condition; and 

24 (3) to ensure, in accordance with the Juvenile 

25 Justice and Delinquency Prevention Act of 1974 (42 


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1 U.S.C. 5601 et seq.), that unaccompanied alien chil2 dren, while in detention, are— 

3 (A) physically separated from any adult 

4 who is not an immediate family member; and 

5 (B) separated from— 

6 (i) immigration detainees and inmates 

7 with criminal convictions; 

8 (ii) pretrial inmates facing criminal 

9 prosecution; and 

10 (iii) inmates exhibiting violent behav11 ior. 

12 (j) REPATRIATION AND REINTEGRATION PRO13 GRAM.— 

14 (1) IN GENERAL.—The Administrator of the 

15 United States Agency for International Develop16 ment, in conjunction with the Secretary, the Sec17 retary of Health and Human Services, the Attorney 

18 General, international organizations, and nongovern19 mental organizations in the United States with ex20 pertise in repatriation and reintegration, shall create 

21 a multi-year program to develop and implement best 

22 practices and sustainable programs in the United 

23 States and within the country of return to ensure 

24 the safe and sustainable repatriation and reintegra25 tion of unaccompanied alien children into their counVerDate Mar 15 2010 00:25 Oct 04, 2013 Jkt 039200 PO 00000 Frm 00743 Fmt 6652 Sfmt 6201 E:\BILLS\H15.IH H15

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1 try of nationality or of last habitual residence, in2 cluding placement with their families, legal guard3 ians, or other sponsoring agencies. 

4 (2) REPORT ON REPATRIATION AND RE5 INTEGRATION OF UNACCOMPANIED ALIEN CHIL6 DREN.—Not later than 18 months after the date of 

7 the enactment of this Act, and annually thereafter, 

8 the Administrator of the Agency for International 

9 Development shall submit a substantive report to the 

10 Committee on the Judiciary of the Senate and the 

11 Committee on the Judiciary of the House of Rep12 resentatives on efforts to improve repatriation and 

13 reintegration programs for unaccompanied alien chil14 dren. 

15 (k) TRANSFER OF FUNDS.— 

16 (1) AUTHORIZATION.—The Secretary, in ac17 cordance with a written agreement between the Sec18 retary and the Secretary of Health and Human 

19 Services, shall transfer such amounts as may be nec20 essary to carry out the duties described in subsection 

21 (f)(2) from amounts appropriated for U.S. Customs 

22 and Border Protection to the Department of Health 

23 and Human Services. 

24 (2) REPORT.—Not later than 15 days before 

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1 retary of Health and Human Services, in consulta2 tion with the Secretary, shall submit a detailed ex3 penditure plan that describes the actions proposed to 

4 be taken with amounts transferred under such para5 graph to— 

6 (A) the Committee on Appropriations of 

7 the Senate; and 

8 (B) the Committee on Appropriations of 

9 the House of Representatives. 

10 SEC. 3613. RULE OF CONSTRUCTION. 

11 Nothing in this subtitle shall be construed to preempt 

12 or alter any other rights or remedies, including any causes 

13 of action, available under any other Federal or State law. 

14 SEC. 3614. REGULATIONS. 

15 The Secretary shall, in consultation with the Sec16 retary of Labor, prescribe regulations to implement this 

17 subtitle and to develop policies and procedures to enforce 

18 the provisions of this subtitle. 

19 Subtitle G—Interior Enforcement 

20 SEC. 3701. CRIMINAL STREET GANGS. 

21 (a) INADMISSIBILITY.—Section 212(a)(2) (8 U.S.C. 

22 1182(a)(2)) is amended by inserting after subparagraph 

23 (I) the following: 

24 ‘‘(J) ALIENS IN CRIMINAL STREET

25 GANGS.— 


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1 ‘‘(i) IN GENERAL.—Any alien is inad2 missible— 

3 ‘‘(I) who has been convicted of 

4 an offense for which an element was 

5 active participation in a criminal 

6 street gang (as defined in section 

7 521(a) of title 18, United States 

8 Code) and the alien— 

9 ‘‘(aa) had knowledge that 

10 the gang’s members engaged in 

11 or have engaged in a continuing 

12 series of offenses described in 

13 section 521(c) of title 18, United 

14 States Code; and 

15 ‘‘(bb) acted with the inten16 tion to promote or further the fe17 lonious activities of the criminal 

18 street gang or maintain or in19 crease his or her position in the 

20 gang; or 

21 ‘‘(II) subject to clause (ii), who is 

22 18 years of age or older, who is phys23 ically present outside the United 

24 States, whom the Secretary deter25 mines by clear and convincing eviVerDate Mar 15 2010 00:25 Oct 04, 2013 Jkt 039200 PO 00000 Frm 00746 Fmt 6652 Sfmt 6201 E:\BILLS\H15.IH H15

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1 dence, based upon law enforcement in2 formation deemed credible by the Sec3 retary, has, since the age of 18, know4 ingly and willingly participated in a 

5 criminal street gang with knowledge 

6 that such participation promoted or 

7 furthered the illegal activity of the 

8 gang. 

9 ‘‘(ii) WAIVER.—The Secretary may 

10 waive clause (i)(II) if the alien has re11 nounced all association with the criminal 

12 street gang, is otherwise admissible, and is 

13 not a threat to the security of the United 

14 States.’’. 

15 (b) GROUNDS FOR DEPORTATION.—Section 

16 237(a)(2) (8 U.S.C. 1227(a)(2)) is amended by adding at 

17 the end the following: 

18 ‘‘(G) ALIENS ASSOCIATED WITH CRIMINAL

19 STREET GANGS.—Any alien is removable who 

20 has been convicted of an offense for which an 

21 element was active participation in a criminal 

22 street gang (as defined in section 521(a) of title 

23 18, United States Code), and the alien— 

24 ‘‘(i) had knowledge that the gang’s 

25 members engaged in or have engaged in a 


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1 continuing series of offenses described in 

2 section 521(c) of title 18, United States 

3 Code; and 

4 ‘‘(ii) acted with the intention to pro5 mote or further the felonious activities the 

6 criminal street gang or increase his or her 

7 position in such gang.’’. 

8 (c) GROUND OF INELIGIBILITY FOR REGISTERED

9 PROVISIONAL IMMIGRANT STATUS.— 

10 (1) IN GENERAL.—An alien who is 18 years of 

11 age or older is ineligible for registered provisional 

12 immigrant status if the Secretary determines that 

13 the alien— 

14 (A) has been convicted of an offense for 

15 which an element was active participation in a 

16 criminal street gang (as defined in section 

17 521(a) of title 18, United States Code, and the 

18 alien— 

19 (i) had knowledge that the gang’s 

20 members engaged in or have engaged in a 

21 continuing series of offenses described in 

22 section 521(c) of title 18, United States 

23 Code; and 

24 (ii) acted with the intention to pro25 mote or further the felonious activities of 


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1 the criminal street gang or maintain or in2 crease his or her position in such gang; or 

3 (B) subject to paragraph (2), any alien 

4 who is 18 years of age or older whom the Sec5 retary determines by clear and convincing evi6 dence, based upon law enforcement information 

7 deemed credible by the Secretary, has, since the 

8 age of 18, knowingly and willingly participated 

9 in a such gang with knowledge that such par10 ticipation promoted or furthered the illegal ac11 tivity of such gang. 

12 (2) WAIVER.—The Secretary may waive the ap13 plication of paragraph (1)(B) if the alien has re14 nounced all association with the criminal street 

15 gang, is otherwise admissible, and is not a threat to 

16 the security of the United States. 

17 SEC. 3702. BANNING HABITUAL DRUNK DRIVERS FROM THE 

18 UNITED STATES. 

19 (a) GROUNDS FOR INADMISSIBILITY.—Section 

20 212(a)(2) (8 U.S.C. 1182(a)(2)), as amended by section 

21 3701(a), is further amended— 

22 (1) by redesignating subparagraph (F) as sub23 paragraph (L); and 

24 (2) by inserting after subparagraph (E) the fol25 lowing: 


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1 ‘‘(F) HABITUAL DRUNK DRIVERS.—An 

2 alien convicted of 3 or more offenses for driving 

3 under the influence or driving while intoxicated 

4 on separate dates is inadmissible.’’. 

5 (b) GROUNDS FOR DEPORTATION.—Section 

6 237(a)(2) (8 U.S.C. 1227(a)(2)), as amended by section 

7 3701(b), is further amended by adding at the end the fol8 lowing: 

9 ‘‘(H) HABITUAL DRUNK DRIVERS.—An 

10 alien convicted of 3 or more offenses for driving 

11 under the influence or driving while intoxicated, 

12 at least 1 of which occurred after the date of 

13 the enactment of the Border Security, Eco14 nomic Opportunity, and Immigration Mod15 ernization Act, is deportable.’’. 

16 (c) IN GENERAL.— 

17 (1) AGGRAVATED FELONY.—Section 

18 101(a)(43)(F) (8 U.S.C. 1101(a)(43)(F)) is amend19 ed by striking ‘‘for which the term of imprisonment’’ 

20 and inserting ‘‘, including a third drunk driving con21 viction, for which the term of imprisonment is’’. 

22 (2) EFFECTIVE DATE AND APPLICATION.— 

23 (A) EFFECTIVE DATE.—The amendment 

24 made by paragraph (1) shall take effect on the 

25 date of the enactment of this Act. 


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1 (B) APPLICATION.— 

2 (i) IN GENERAL.—Except as provided 

3 in subparagraph (ii), the amendment made 

4 by paragraph (1) shall apply to a convic5 tion for drunk driving that occurred be6 fore, on, or after such date of enactment. 

7 (ii) TWO OR MORE PRIOR CONVIC8 TIONS.—An alien who received 2 or more 

9 convictions for drunk driving before the 

10 date of the enactment of this Act may not 

11 be subject to removal for the commission 

12 of an aggravated felony pursuant to sec13 tion 237(a)(2)(A)(iii) of the Immigration 

14 and Nationality Act (8 U.S.C. 

15 1227(a)(2)(A)(iii)) on the basis of such 

16 convictions until the date on which the 

17 alien is convicted of a drunk driving of18 fense after such date of enactment. 

19 SEC. 3703. SEXUAL ABUSE OF A MINOR. 

20 Section 101(a)(43)(A) (8 U.S.C. 1101(a)(43)(A)) is 

21 amended by striking ‘‘murder, rape, or sexual abuse of 

22 a minor;’’ and inserting ‘‘murder, rape, or sexual abuse 

23 of a minor, whether or not the minority of the victim is 

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1 tion or by credible evidence extrinsic to the record of con2 viction;’’. 

3 SEC. 3704. ILLEGAL ENTRY. 

4 (a) IN GENERAL.—Section 275 (8 U.S.C. 1325) is 

5 amended to read as follows: 

6 ‘‘SEC. 275. ILLEGAL ENTRY. 

7 ‘‘(a) IN GENERAL.— 

8 ‘‘(1) CRIMINAL OFFENSES.—An alien shall be 

9 subject to the penalties set forth in paragraph (2) if 

10 the alien— 

11 ‘‘(A) enters or crosses the border into the 

12 United States at any time or place other than 

13 as designated by the Secretary of Homeland Se14 curity; 

15 ‘‘(B) eludes examination or inspection by 

16 an immigration officer, or a customs or agri17 culture inspection at a port of entry; or 

18 ‘‘(C) enters or crosses the border to the 

19 United States by means of a knowingly false or 

20 misleading representation or the concealment of 

21 a material fact. 

22 ‘‘(2) CRIMINAL PENALTIES.—Any alien who 

23 violates any provision under paragraph (1)— 


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1 ‘‘(A) shall, for the first violation, be fined 

2 under title 18, United States Code, imprisoned 

3 not more than 12 months, or both; 

4 ‘‘(B) shall, for a second or subsequent vio5 lation, or following an order of voluntary depar6 ture, be fined under such title, imprisoned not 

7 more than 3 years, or both; 

8 ‘‘(C) if the violation occurred after the 

9 alien had been convicted of 3 or more mis10 demeanors with the convictions occurring on 

11 different dates or of a felony for which the alien 

12 served a term of imprisonment of 15 days or 

13 more, shall be fined under such title, impris14 oned not more than 10 years, or both; and 

15 ‘‘(D) if the violation occurred after the 

16 alien had been convicted of a felony for which 

17 the alien was sentenced to a term of imprison18 ment of not less than 30 months, shall be fined 

19 under such title, imprisoned not more than 15 

20 years, or both. 

21 ‘‘(3) PRIOR CONVICTIONS.—The prior convic22 tions described in subparagraphs (C) and (D) of 

23 paragraph (2) are elements of the offenses described 

24 in that paragraph and the penalties in such subpara25 graphs shall apply only in cases in which the convicVerDate Mar 15 2010 00:25 Oct 04, 2013 Jkt 039200 PO 00000 Frm 00753 Fmt 6652 Sfmt 6201 E:\BILLS\H15.IH H15

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1 tion or convictions that form the basis for the addi2 tional penalty are— 

3 ‘‘(A) alleged in the indictment or informa4 tion; and 

5 ‘‘(B) proven beyond a reasonable doubt at 

6 trial or admitted by the defendant under oath 

7 as part of a plea agreement. 

8 ‘‘(b) IMPROPER TIME OR PLACE; CIVIL PEN9 ALTIES.—Any alien older than 18 years of age who is ap10 prehended while knowingly entering, attempting to enter, 

11 or crossing or attempting to cross the border to the United 

12 States at a time or place other than as designated by im13 migration officers shall be subject to a civil penalty, in 

14 addition to any criminal or other civil penalties that may 

15 be imposed under any other provision of law, in an amount 

16 equal to— 

17 ‘‘(1) not less than $250 or more than $5,000 

18 for each such entry, crossing, attempted entry, or at19 tempted crossing; or 

20 ‘‘(2) twice the amount specified in paragraph 

21 (1) if the alien had previously been subject to a civil 

22 penalty under this subsection. 

23 ‘‘(c) FRAUDULENT MARRIAGE.—An individual who 

24 knowingly enters into a marriage for the purpose of evad25 ing any provision of the immigration laws shall be imprisVerDate Mar 15 2010 00:25 Oct 04, 2013 Jkt 039200 PO 00000 Frm 00754 Fmt 6652 Sfmt 6201 E:\BILLS\H15.IH H15

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1 oned for not more than 5 years, fined not more than 

2 $250,000, or both. 

3 ‘‘(d) COMMERCIAL ENTERPRISES.—Any individual 

4 who knowingly establishes a commercial enterprise for the 

5 purpose of evading any provision of the immigration laws 

6 shall be imprisoned for not more than 5 years, fined in 

7 accordance with title 18, United States Code, or both.’’. 

8 (b) CLERICAL AMENDMENT.—The table of contents 

9 is amended by striking the item relating to section 275 

10 and inserting the following: 

‘‘Sec. 275. Illegal entry.’’. 

11 (c) EFFECTIVE DATE.—The amendments made by 

12 this section shall take effect 1 year after the date of the 

13 enactment of this Act. 

14 SEC. 3705. REENTRY OF REMOVED ALIEN. 

15 Section 276 (8 U.S.C. 1326) is amended to read as 

16 follows: 

17 ‘‘SEC. 276. REENTRY OF REMOVED ALIEN. 

18 ‘‘(a) REENTRY AFTER REMOVAL.—Any alien who 

19 has been denied admission, excluded, deported, or re20 moved, or who has departed the United States while an 

21 order of exclusion, deportation, or removal is outstanding, 

22 and subsequently enters, attempts to enter, crosses the 

23 border to, attempts to cross the border to, or is at any 

24 time found in the United States, shall be fined under title 


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1 18, United States Code, and imprisoned not more than 

2 2 years. 

3 ‘‘(b) REENTRY OF CRIMINAL OFFENDERS.—Not4 withstanding the penalty provided in subsection (a), if an 

5 alien described in that subsection— 

6 ‘‘(1) was convicted for 3 or more misdemeanors, 

7 with the convictions occurring on different dates, be8 fore such removal or departure, the alien shall be 

9 fined under title 18, United States Code, and im10 prisoned not more than 10 years, or both; 

11 ‘‘(2) was convicted for a felony before such re12 moval or departure for which the alien was sen13 tenced to a term of imprisonment of not less than 

14 30 months, the alien shall be fined under such title, 

15 and imprisoned not more than 15 years, or both; 

16 ‘‘(3) was convicted for a felony before such re17 moval or departure for which the alien was sen18 tenced to a term of imprisonment of not less than 

19 60 months, the alien shall be fined under such title, 

20 and imprisoned not more than 20 years, or both; 

21 ‘‘(4) was convicted for 3 felonies, with the con22 victions occurring on different dates before such re23 moval or departure, the alien shall be fined under 

24 such title, and imprisoned not more than 20 years, 

25 or both; or 


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1 ‘‘(5) was convicted, before such removal or de2 parture, for murder, rape, kidnapping, or a felony 

3 offense described in chapter 77 (relating to peonage 

4 and slavery) or 113B (relating to terrorism) of such 

5 title, the alien shall be fined under such title, and 

6 imprisoned not more than 20 years, or both. 

7 ‘‘(c) REENTRY AFTER REPEATED REMOVAL.—Any 

8 alien who has been denied admission, excluded, deported, 

9 or removed 3 or more times and thereafter enters, at10 tempts to enter, crosses the border to, attempts to cross 

11 the border to, or is at any time found in the United States, 

12 shall be fined under title 18, United States Code, and im13 prisoned not more than 10 years, or both. 

14 ‘‘(d) PROOF OF PRIOR CONVICTIONS.—The prior 

15 convictions described in subsection (b) are elements of the 

16 offenses described in that subsection, and the penalties in 

17 such subsection shall apply only in cases in which the con18 viction or convictions that form the basis for the additional 

19 penalty are— 

20 ‘‘(1) alleged in the indictment or information; 

21 and 

22 ‘‘(2) proven beyond a reasonable doubt at trial 

23 or admitted by the defendant under oath as part of 

24 a plea agreement. 


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1 ‘‘(e) AFFIRMATIVE DEFENSES.—It shall be an af2 firmative defense to a violation of this section that— 

3 ‘‘(1) prior to the alleged violation, the alien had 

4 sought and received the express consent of the Sec5 retary of Homeland Security to reapply for admis6 sion into the United States; or 

7 ‘‘(2) at the time of the prior exclusion, deporta8 tion, removal, or denial of admission alleged in the 

9 violation, the alien had not yet reached 18 years of 

10 age and had not been convicted of a crime or adju11 dicated a delinquent minor by a court of the United 

12 States, or a court of a state or territory, for conduct 

13 that would constitute a felony if committed by an 

14 adult. 

15 ‘‘(f) LIMITATION ON COLLATERAL ATTACK ON UN16 DERLYING DEPORTATION ORDER.—In a criminal pro17 ceeding under this section, an alien may not challenge the 

18 validity of the deportation order described in subsection 

19 (a) or subsection (c) unless the alien demonstrates that— 

20 ‘‘(1) the alien exhausted any administrative 

21 remedies that may have been available to seek relief 

22 against the order; 

23 ‘‘(2) the deportation proceedings at which the 

24 order was issued improperly deprived the alien of the 

25 opportunity for judicial review; and 


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1 ‘‘(3) the entry of the order was fundamentally 

2 unfair. 

3 ‘‘(g) REENTRY OF ALIEN REMOVED PRIOR TO COM4 PLETION OF TERM OF IMPRISONMENT.—Any alien re5 moved pursuant to section 241(a)(4) who enters, attempts 

6 to enter, crosses the border to, attempts to cross the bor7 der to, or is at any time found in, the United States shall 

8 be incarcerated for the remainder of the sentence of im9 prisonment which was pending at the time of deportation 

10 without any reduction for parole or supervised release un11 less the alien affirmatively demonstrates that the Sec12 retary of Homeland Security has expressly consented to 

13 the alien’s reentry or the alien is prima facie eligible for 

14 protection from removal. Such alien shall be subject to 

15 such other penalties relating to the reentry of removed 

16 aliens as may be available under this section or any other 

17 provision of law. 

18 ‘‘(h) LIMITATION.—It is not aiding and abetting a 

19 violation of this section for an individual to provide an 

20 alien with emergency humanitarian assistance, including 

21 emergency medical care and food, or to transport the alien 

22 to a location where such assistance can be rendered with23 out compensation or the expectation of compensation. 

24 ‘‘(i) DEFINITIONS.—In this section: 


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1 ‘‘(1) FELONY.—The term ‘felony’ means any 

2 criminal offense punishable by a term of imprison3 ment of more than 1 year under the laws of the 

4 United States, any State, or a foreign government. 

5 ‘‘(2) MISDEMEANOR.—The term ‘misdemeanor’ 

6 means any criminal offense punishable by a term of 

7 imprisonment of not more than 1 year under the ap8 plicable laws of the United States, any State, or a 

9 foreign government. 

10 ‘‘(3) REMOVAL.—The term ‘removal’ includes 

11 any denial of admission, exclusion, deportation, or 

12 removal, or any agreement by which an alien stipu13 lates or agrees to exclusion, deportation, or removal. 

14 ‘‘(4) STATE.—The term ‘State’ means a State 

15 of the United States, the District of Columbia, and 

16 any commonwealth, territory, or possession of the 

17 United States.’’. 

18 SEC. 3706. PENALTIES RELATING TO VESSELS AND AIR19 CRAFT. 

20 Section 243(c) (8 U.S.C. 1253(c)) is amended— 

21 (1) by striking ‘‘Attorney General’’ each place 

22 such term appears and inserting ‘‘Secretary of 

23 Homeland Security’’; 


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1 (2) by striking ‘‘Commissioner’’ each place such 

2 term appears and inserting ‘‘Secretary of Homeland 

3 Security’’; and 

4 (3) in paragraph (1)— 

5 (A) in subparagraph (A), by striking 

6 ‘‘$2,000’’ and inserting ‘‘$5,000’’; 

7 (B) in subparagraph (B), by striking 

8 ‘‘$5,000’’ and inserting ‘‘$10,000’’; 

9 (C) by amending subparagraph (C) to read 

10 as follows: 

11 ‘‘(C) COMPROMISE.—The Secretary of 

12 Homeland Security, in the Secretary’s 

13 unreviewable discretion and upon the receipt of 

14 a written request, may mitigate the monetary 

15 penalties required under this subsection for 

16 each alien stowaway to an amount equal to not 

17 less than $2,000, upon such terms that the Sec18 retary determines to be appropriate.’’; and 

19 (D) by inserting at the end the following: 

20 ‘‘(D) EXCEPTION.—A person, acting with21 out compensation or the expectation of com22 pensation, is not subject to penalties under this 

23 paragraph if the person is— 

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1 ance, including emergency medical care or 

2 food or water; or 

3 ‘‘(ii) transporting the alien to a loca4 tion where such humanitarian assistance 

5 can be rendered without compensation or 

6 the expectation of compensation.’’. 

7 SEC. 3707. REFORM OF PASSPORT, VISA, AND IMMIGRATION 

8 FRAUD OFFENSES. 

9 (a) TRAFFICKING IN PASSPORTS.—Section 1541 of 

10 title 18, United States Code, is amended to read as fol11 lows: 

12 ‘‘§ 1541. Trafficking in passports 

13 ‘‘(a) MULTIPLE PASSPORTS.—Subject to subsection 

14 (b), any person who, during any period of 3 years or less, 

15 knowingly— 

16 ‘‘(1) and without lawful authority produces, 

17 issues, or transfers 3 or more passports; 

18 ‘‘(2) forges, counterfeits, alters, or falsely 

19 makes 3 or more passports; 

20 ‘‘(3) secures, possesses, uses, receives, buys, 

21 sells, or distributes 3 or more passports, knowing 

22 the passports to be forged, counterfeited, altered, 

23 falsely made, stolen, procured by fraud, or produced 

24 or issued without lawful authority; or 


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1 ‘‘(4) completes, mails, prepares, presents, signs, 

2 or submits 3 or more applications for a United 

3 States passport, knowing the applications to contain 

4 any materially false statement or representation, 

5 shall be fined under this title, imprisoned not more than 

6 20 years, or both. 

7 ‘‘(b) USE IN A TERRORISM OFFENSE.—Any person 

8 who commits an offense described in subsection (a) to fa9 cilitate an act of international terrorism (as defined in sec10 tion 2331) shall be fined under this title, imprisoned not 

11 more than 25 years, or both. 

12 ‘‘(c) PASSPORT MATERIALS.—Any person who know13 ingly and without lawful authority produces, buys, sells, 

14 possesses, or uses any official material (or counterfeit of 

15 any official material) used to make 10 or more passports, 

16 including any distinctive paper, seal, hologram, image, 

17 text, symbol, stamp, engraving, or plate, shall be fined 

18 under this title, imprisoned not more than 20 years, or 

19 both.’’. 

20 (b) FALSE STATEMENT IN AN APPLICATION FOR A

21 PASSPORTS.—Section 1542 of title 18, United States 

22 Code, is amended to read as follows: 


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1 ‘‘§ 1542. False statement in an application for a pass2 port 

3 ‘‘(a) IN GENERAL.—Any person who knowingly 

4 makes any material false statement or representation in 

5 an application for a United States passport, or mails, pre6 pares, presents, or signs an application for a United 

7 States passport knowing the application to contain any 

8 material false statement or representation, shall be fined 

9 under this title, imprisoned not more than 25 years (if 

10 the offense was committed to facilitate an act of inter11 national terrorism (as defined in section 2331 of this 

12 title)), 20 years (if the offense was committed to facilitate 

13 a drug trafficking crime (as defined in section 929(a) of 

14 this title)), 15 years (in the case of any other offense), 

15 or both. 

16 ‘‘(b) VENUE.— 

17 ‘‘(1) IN GENERAL.—An offense under sub18 section (a) may be prosecuted in any district— 

19 ‘‘(A) in which the false statement or rep20 resentation was made or the application for a 

21 United States passport was prepared or signed; 

22 or 

23 ‘‘(B) in which or to which the application 

24 was mailed or presented. 

25 ‘‘(2) OFFENSES OUTSIDE THE UNITED

26 STATES.—An offense under subsection (a) involving 


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1 an application prepared and adjudicated outside the 

2 United States may be prosecuted in the district in 

3 which the resultant passport was or would have been 

4 produced. 

5 ‘‘(c) SAVINGS CLAUSE.—Nothing in this section may 

6 be construed to limit the venue otherwise available under 

7 sections 3237 and 3238 of this title.’’. 

8 (c) MISUSE OF A PASSPORT.—Section 1544 of title 

9 18, United States Code, is amended to read as follows: 

10 ‘‘§ 1544. Misuse of a passport 

11 ‘‘Any person who knowingly— 

12 ‘‘(1) misuses or attempts to misuse for their 

13 own purposes any passport issued or designed for 

14 the use of another; 

15 ‘‘(2) uses or attempts to use any passport in 

16 violation of the laws, regulations, or rules governing 

17 the issuance and use of the passport; 

18 ‘‘(3) secures, possesses, uses, receives, buys, 

19 sells, or distributes or attempts to secure, possess, 

20 use, receive, buy, sell, or distribute any passport 

21 knowing the passport to be forged, counterfeited, al22 tered, falsely made, procured by fraud, or produced 

23 or issued without lawful authority; or 


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1 ‘‘(4) substantially violates the terms and condi2 tions of any safe conduct duly obtained and issued 

3 under the authority of the United States, 

4 shall be fined under this title, imprisoned not more than 

5 25 years (if the offense was committed to facilitate an act 

6 of international terrorism (as defined in section 2331 of 

7 this title)), 20 years (if the offense was committed to fa8 cilitate a drug trafficking crime (as defined in section 

9 929(a) of this title)), 15 years (in the case of any other 

10 offense), or both.’’. 

11 (d) SCHEMES TO PROVIDE FRAUDULENT IMMIGRA12 TION SERVICES.—Section 1545 of title 18, United States 

13 Code, is amended to read as follows: 

14 ‘‘§ 1545. Schemes to provide fraudulent immigration 

15 services 

16 ‘‘(a) IN GENERAL.—Any person who knowingly exe17 cutes a scheme or artifice, in connection with any matter 

18 that is authorized by or arises under any Federal immigra19 tion law or any matter the offender claims or represents 

20 is authorized by or arises under any Federal immigration 

21 law, to— 

22 ‘‘(1) defraud any person; or 

23 ‘‘(2) obtain or receive money or anything else of 

24 value from any person by means of false or fraudu25 lent pretenses, representations, or promises, 


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1 shall be fined under this title, imprisoned not more than 

2 10 years, or both. 

3 ‘‘(b) MISREPRESENTATION.—Any person who know4 ingly and falsely represents that such person is an attor5 ney or an accredited representative (as that term is de6 fined in section 1292.1 of title 8, Code of Federal Regula7 tions (or any successor regulation)) in any matter arising 

8 under any Federal immigration law shall be fined under 

9 this title, imprisoned not more than 15 years, or both.’’. 

10 (e) IMMIGRATION AND VISA FRAUD.—Section 1546 

11 of title 18, United States Code, is amended— 

12 (1) by amending the section heading to read as 

13 follows: 

14 ‘‘§ 1546. Immigration and visa fraud’’; 

15 (2) by redesignating subsection (b) as sub16 section (d); and 

17 (3) by inserting after subsection (a) the fol18 lowing new subsections: 

19 ‘‘(b) TRAFFICKING.—Any person who, during any pe20 riod of 3 years or less, knowingly— 

21 ‘‘(1) and without lawful authority produces, 

22 issues, or transfers 3 or more immigration docu23 ments; 

24 ‘‘(2) forges, counterfeits, alters, or falsely 

25 makes 3 or more immigration documents; 


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1 ‘‘(3) secures, possesses, uses, buys, sells, or dis2 tributes 3 or more immigration documents, knowing 

3 the immigration documents to be forged, counter4 feited, altered, stolen, falsely made, procured by 

5 fraud, or produced or issued without lawful author6 ity; or 

7 ‘‘(4) completes, mails, prepares, presents, signs, 

8 or submits 3 or more immigration documents know9 ing the documents to contain any materially false 

10 statement or representation, 

11 shall be fined under this title, imprisoned not more than 

12 20 years, or both. 

13 ‘‘(c) IMMIGRATION DOCUMENT MATERIALS.—Any 

14 person who knowingly and without lawful authority pro15 duces, buys, sells, possesses, or uses any official material 

16 (or counterfeit of any official material) used to make 10 

17 or more immigration documents, including any distinctive 

18 paper, seal, hologram, image, text, symbol, stamp, engrav19 ing, or plate, shall be fined under this title, imprisoned 

20 not more than 20 years, or both.’’. 

21 (f) ALTERNATIVE IMPRISONMENT MAXIMUM FOR

22 CERTAIN OFFENSES.—Section 1547 of title 18, United 

23 States Code, is amended— 


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1 (1) in the matter preceding paragraph (1), by 

2 striking ‘‘(other than an offense under section 

3 1545)’’; 

4 (2) in paragraph (1), by striking ‘‘15’’ and in5 serting ‘‘20’’; and 

6 (3) in paragraph (2), by striking ‘‘20’’ and in7 serting ‘‘25’’. 

8 (g) AUTHORIZED LAW ENFORCEMENT ACTIVITIES.— 

9 Chapter 75 of title 18, United States Code, is amended 

10 by adding after section 1547 the following: 

11 ‘‘§ 1548. Authorized law enforcement activities 

12 ‘‘Nothing in this chapter may be construed to pro13 hibit— 

14 ‘‘(1) any lawfully authorized investigative, pro15 tective, or intelligence activity of a law enforcement 

16 agency of the United States, a State, or a political 

17 subdivision of a State, or an intelligence agency of 

18 the United States; or 

19 ‘‘(2) any activity authorized under title V of the 

20 Organized Crime Control Act of 1970 (Public Law 

21 91–452; 84 Stat. 933).’’. 

22 (h) TABLE OF SECTIONS AMENDMENT.—The table 

23 of sections for chapter 75 of title 18, United States Code, 

24 is amended to read as follows: 

‘‘Sec. 

‘‘1541. Trafficking in passports. 

‘‘1542. False statement in an application for a passport. 


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‘‘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.’’. 

1 SEC. 3708. COMBATING SCHEMES TO DEFRAUD ALIENS. 

2 (a) REGULATIONS, FORMS, AND PROCEDURES.—The 

3 Secretary and the Attorney General, for matters within 

4 their respective jurisdictions arising under the immigra5 tion laws, shall promulgate appropriate regulations, forms, 

6 and procedures defining the circumstances in which— 

7 (1) persons submitting applications, petitions, 

8 motions, or other written materials relating to immi9 gration benefits or relief from removal under the im10 migration laws will be required to identify who 

11 (other than immediate family members) assisted 

12 them in preparing or translating the immigration 

13 submissions; and 

14 (2) any person or persons who received com15 pensation (other than a nominal fee for copying, 

16 mailing, or similar services) in connection with the 

17 preparation, completion, or submission of such mate18 rials will be required to sign the form as a preparer 

19 and provide identifying information. 

20 (b) CIVIL INJUNCTIONS AGAINST IMMIGRATION

21 SERVICE PROVIDER.—The Attorney General may com22 mence a civil action in the name of the United States to 


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1 enjoin any immigration service provider from further en2 gaging in any fraudulent conduct that substantially inter3 feres with the proper administration of the immigration 

4 laws or who willfully misrepresents such provider’s legal 

5 authority to provide representation before the Department 

6 of Justice or the Department. 

7 (c) DEFINITIONS.—In this section: 

8 (1) IMMIGRATION LAWS.—The term ‘‘immigra9 tion laws’’ has the meaning given that term in sec10 tion 101(a)(17) of the Immigration and Nationality 

11 Act (8 U.S.C. 1101(a)(17)). 

12 (2) IMMIGRATION SERVICE PROVIDER.—The 

13 term ‘‘immigration service provider’’ means any indi14 vidual or entity (other than an attorney or individual 

15 otherwise authorized to provide representation in im16 migration proceedings as provided in Federal regula17 tion) who, for a fee or other compensation, provides 

18 any assistance or representation to aliens in relation 

19 to any filing or proceeding relating to the alien 

20 which arises, or which the provider claims to arise, 

21 under the immigration laws, executive order, or pres22 idential proclamation. 


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1 SEC. 3709. INADMISSIBILITY AND REMOVAL FOR PASSPORT 

2 AND IMMIGRATION FRAUD OFFENSES. 

3 (a) INADMISSIBILITY.—Section 212(a)(2)(A)(i) (8 

4 U.S.C. 1182(a)(2)(A)(i)) is amended— 

5 (1) in subclause (I), by striking ‘‘, or’’ at the 

6 end and inserting a semicolon; 

7 (2) in subclause (II), by striking the comma at 

8 the end and inserting ‘‘; or’’; and 

9 (3) by inserting after subclause (II) the fol10 lowing: 

11 ‘‘(III) a violation of section 1541, 

12 1545, and subsection (b) of section 

13 1546 of title 18, United States 

14 Code,’’. 

15 (b) REMOVAL.—Section 237(a)(3)(B)(iii) (8 U.S.C. 

16 1227(a)(3)(B)(iii)) is amended to read as follows: 

17 ‘‘(iii) of a violation of section 1541, 

18 1545, and subsection (b) of section 1546 

19 of title 18, United States Code,’’. 

20 (c) EFFECTIVE DATE.—The amendments made by 

21 subsections (a) and (b) shall apply to proceedings pending 

22 on or after the date of the enactment of this Act, with 

23 respect to conduct occurring on or after that date. 


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1 SEC. 3710. DIRECTIVES RELATED TO PASSPORT AND DOCU2 MENT FRAUD. 

3 (a) DIRECTIVE TO THE UNITED STATES SEN4 TENCING COMMISSION.— 

5 (1) IN GENERAL.—Pursuant to the authority 

6 under section 994 of title 28, United States Code, 

7 the United States Sentencing Commission shall pro8 mulgate or amend the sentencing guidelines, policy 

9 statements, and official commentaries, if appro10 priate, related to passport fraud offenses, including 

11 the offenses described in chapter 75 of title 18, 

12 United States Code, as amended by section 3707, to 

13 reflect the serious nature of such offenses. 

14 (2) REPORT.—Not later than 1 year after the 

15 date of the enactment of this Act, the United States 

16 Sentencing Commission shall submit a report on the 

17 implementation of this subsection to— 

18 (A) the Committee on the Judiciary of the 

19 Senate; and 

20 (B) the Committee on the Judiciary of the 

21 House of Representatives. 

22 (b) PROTECTION FOR LEGITIMATE REFUGEES AND

23 ASYLUM SEEKERS.— 

24 (1) IN GENERAL.— 

25 (A) REQUIREMENT FOR GUIDELINES.— 

26 The Attorney General, in consultation with the 


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1 Secretary, shall develop binding prosecution 

2 guidelines for Federal prosecutors to ensure 

3 that each prosecution of an alien seeking entry 

4 into the United States by fraud is consistent 

5 with the United States treaty obligations under 

6 Article 31(1) of the Convention Relating to the 

7 Status of Refugees, done at Geneva July 28, 

8 1951 (as made applicable by the Protocol Relat9 ing to the Status of Refugees, done at New 

10 York January 31, 1967 (19 UST 6223)). 

11 (B) NO PRIVATE RIGHT OF ACTION.—The 

12 guidelines developed pursuant to subparagraph 

13 (A), and any internal office procedures related 

14 to such guidelines— 

15 (i) are intended solely for the guid16 ance of attorneys of the United States; and 

17 (ii) are not intended to, do not, and 

18 may not be relied upon to, create any right 

19 or benefit, substantive or procedural, en20 forceable at law by any party in any ad21 ministrative, civil, or criminal matter. 

22 (2) PROTECTION OF VULNERABLE PERSONS.— 

23 A person described in paragraph (3) may not be 

24 prosecuted under chapter 75 of title 18, United 

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1 migration and Nationality Act (8 U.S.C. 1325 and 

2 1326), in connection with the person’s entry or at3 tempted entry into the United States until after the 

4 date on which the person’s application for such pro5 tection, classification, or status has been adjudicated 

6 and denied in accordance with the Immigration and 

7 Nationality Act (8 U.S.C. 1101 et seq.). 

8 (3) PERSONS SEEKING PROTECTION, CLASSI9 FICATION, OR STATUS.—A person described in this 

10 paragraph is a person who— 

11 (A) is seeking protection, classification, or 

12 status; and 

13 (B)(i) has filed an application for asylum 

14 under section 208 of the Immigration and Na15 tionality Act (8 U.S.C. 1158), withholding of 

16 removal under section 241(b)(3) of such Act (8 

17 U.S.C. 1231(b)(3)), or relief under the Conven18 tion against Torture and Other Cruel, Inhuman 

19 or Degrading Treatment or Punishment, done 

20 at New York, December 10, 1994, pursuant to 

21 title 8, Code of Federal Regulations; 

22 (ii) indicates immediately after apprehen23 sion, that he or she intends to apply for such 

24 asylum, withholding of removal, or relief and 

25 promptly files the appropriate application; 


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1 (iii) has been referred for a credible fear 

2 interview, a reasonable fear interview, or an 

3 asylum-only hearing under section 235 of the 

4 Immigration and Nationality Act (8 U.S.C. 

5 1225) or part 208 of title 8, Code of Federal 

6 Regulations; or 

7 (iv) has filed an application for classifica8 tion or status under— 

9 (I) subparagraph (T) or (U) of para10 graph (15), paragraph (27)(J), or para11 graph (51) of section 101(a) of the Immi12 gration and Nationality Act (8 U.S.C. 

13 1101(a)); or 

14 (II) section 216(c)(4)(C) or 

15 240A(b)(2) of such Act (8 U.S.C. 

16 1186a(c)(4)(C) and 1229b(b)(2)). 

17 SEC. 3711. INADMISSIBLE ALIENS. 

18 (a) DETERRING ALIENS ORDERED REMOVED FROM

19 REMAINING IN THE UNITED STATES UNLAWFULLY.— 

20 Section 212(a)(9)(A) (8 U.S.C. 1182(a)(9)(A)) is amend21 ed— 

22 (1) in clause (i), by striking ‘‘seeks admission 

23 within 5 years of the date of such removal (or within 

24 20 years’’ and inserting ‘‘seeks admission not later 

25 than 5 years after the date of the alien’s removal (or 


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1 not later than 20 years after the alien’s removal’’; 

2 and 

3 (2) in clause (ii), by striking ‘‘seeks admission 

4 within 10 years of the date of such alien’s departure 

5 or removal (or within 20 years of’’ and inserting 

6 ‘‘seeks admission not later than 10 years after the 

7 date of the alien’s departure or removal (or not later 

8 than 20 years after’’. 

9 (b) BIOMETRIC SCREENING.—Section 212 (8 U.S.C. 

10 1182) is amended— 

11 (1) in subsection (a)(7), by adding at the end 

12 the following: 

13 ‘‘(C) WITHHOLDING INFORMATION.—Ex14 cept as provided in subsection (d)(2), any alien 

15 who willfully, through his or her own fault, re16 fuses to comply with a lawful request for bio17 metric information is inadmissible.’’; and 

18 (2) in subsection (d), by inserting after para19 graph (1) the following: 

20 ‘‘(2) The Secretary may waive the application 

21 of subsection (a)(7)(C) for an individual alien or a 

22 class of aliens.’’. 

23 (c) PRECLUDING ADMISSIBILITY OF ALIENS CON24 VICTED OF SERIOUS CRIMINAL OFFENSES AND DOMESTIC


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1 VIOLENCE, STALKING, CHILD ABUSE, AND VIOLATION OF

2 PROTECTION ORDERS.— 

3 (1) INADMISSIBILITY ON CRIMINAL AND RE4 LATED GROUNDS; WAIVERS.—Section 212 (8 U.S.C. 

5 1182), as amended by this Act, is further amend6 ed— 

7 (A) in subsection (a)(2), as amended by 

8 sections 3401 and 3402, is further amended by 

9 inserting after subparagraph (J) the following: 

10 ‘‘(K) CRIMES OF DOMESTIC VIOLENCE, 

11 STALKING, OR VIOLATION OF PROTECTIVE OR12 DERS; CRIMES AGAINST CHILDREN.— 

13 ‘‘(i) DOMESTIC VIOLENCE, STALKING, 

14 AND CHILD ABUSE.— 

15 ‘‘(I) IN GENERAL.—Any alien 

16 who has been convicted of a crime of 

17 domestic violence, a crime of stalking, 

18 or a crime of child abuse, child ne19 glect, or child abandonment, provided 

20 the alien served at least 1 year impris21 onment for the crime, or provided the 

22 alien was convicted of offenses consti23 tuting more than 1 such crime, not 

24 arising out of a single scheme of 

25 criminal misconduct, is inadmissible. 


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1 ‘‘(II) CRIME OF DOMESTIC VIO2 LENCE DEFINED.—In this clause, the 

3 term ‘crime of domestic violence’ 

4 means any crime of violence (as de5 fined in section 16 of title 18, United 

6 States Code) against a person com7 mitted by a current or former spouse 

8 of the person, by an individual with 

9 whom the person shares a child in 

10 common, by an individual who is co11 habiting with or has cohabited with 

12 the person as a spouse, by an indi13 vidual similarly situated to a spouse 

14 of the person under the domestic or 

15 family violence laws of the jurisdiction 

16 where the offense occurs, or by any 

17 other individual against a person who 

18 is protected from that individual’s 

19 acts under the domestic or family vio20 lence laws of the United States or any 

21 State, Indian tribal government, or 

22 unit of local or foreign government. 

23 ‘‘(ii) VIOLATORS OF PROTECTION OR24 DERS.— 


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1 ‘‘(I) IN GENERAL.—Any alien 

2 who at any time is enjoined under a 

3 protection order issued by a court and 

4 whom the court determines has en5 gaged in conduct that constitutes 

6 criminal contempt of the portion of a 

7 protection order that involves protec8 tion against credible threats of vio9 lence, repeated harassment, or bodily 

10 injury to the person or persons for 

11 whom the protection order was issued, 

12 is inadmissible. 

13 ‘‘(II) PROTECTION ORDER DE14 FINED.—In this clause, the term ‘pro15 tection order’ means any injunction 

16 issued for the purpose of preventing 

17 violent or threatening acts of domestic 

18 violence, including temporary or final 

19 orders issued by civil or criminal 

20 courts (other than support or child 

21 custody orders or provisions) whether 

22 obtained by filing an independent ac23 tion or as an independent order in an24 other proceeding. 


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1 ‘‘(iii) APPLICABILITY.—This subpara2 graph shall not apply to an alien who has 

3 been battered or subjected to extreme cru4 elty and who is not and was not the pri5 mary perpetrator of violence in the rela6 tionship, upon a determination by the At7 torney General or the Secretary of Home8 land Security that— 

9 ‘‘(I) the alien was acting in self10 defense; 

11 ‘‘(II) the alien was found to have 

12 violated a protection order intended to 

13 protect the alien; or 

14 ‘‘(III) the alien committed, was 

15 arrested for, was convicted of, or pled 

16 guilty to committing a crime that did 

17 not result in serious bodily injury.’’; 

18 and 

19 (B) in subsection (h)— 

20 (i) by striking ‘‘The Attorney General 

21 may, in his discretion, waive the applica22 tion of subparagraphs (A)(i)(I), (B), (D), 

23 and (E) of subsection (a)(2)’’ and inserting 

24 ‘‘The Attorney General or the Secretary of 

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1 tion of subparagraphs (A)(i)(I), (B), (D), 

2 and (E) of subsection (a)(2)’’; and 

3 (ii) by inserting ‘‘or the Secretary of 

4 Homeland Security’’ after ‘‘the Attorney 

5 General’’ each place that term appears. 

6 (2) EFFECTIVE DATE.—The amendments made 

7 by this subsection shall apply to any acts that oc8 curred on or after the date of the enactment of this 

9 Act. 

10 SEC. 3712. ORGANIZED AND ABUSIVE HUMAN SMUGGLING 

11 ACTIVITIES. 

12 (a) ENHANCED PENALTIES.— 

13 (1) IN GENERAL.—Title II (8 U.S.C. 1151 et 

14 seq.) is amended by adding at the end the following: 

15 ‘‘SEC. 295. ORGANIZED HUMAN SMUGGLING. 

16 ‘‘(a) PROHIBITED ACTIVITIES.—Whoever, while act17 ing for profit or other financial gain, knowingly directs 

18 or participates in an effort or scheme to assist or cause 

19 5 or more persons (other than a parent, spouse, or child 

20 of the offender)— 

21 ‘‘(1) to enter, attempt to enter, or prepare to 

22 enter the United States— 

23 ‘‘(A) by fraud, falsehood, or other corrupt 

24 means; 


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1 ‘‘(B) at any place other than a port or 

2 place of entry designated by the Secretary; or 

3 ‘‘(C) in a manner not prescribed by the im4 migration laws and regulations of the United 

5 States; or 

6 ‘‘(2) to travel by air, land, or sea toward the 

7 United States (whether directly or indirectly)— 

8 ‘‘(A) knowing that the persons seek to 

9 enter or attempt to enter the United States 

10 without lawful authority; and 

11 ‘‘(B) with the intent to aid or further such 

12 entry or attempted entry; or 

13 ‘‘(3) to be transported or moved outside of the 

14 United States— 

15 ‘‘(A) knowing that such persons are aliens 

16 in unlawful transit from 1 country to another 

17 or on the high seas; and 

18 ‘‘(B) under circumstances in which the 

19 persons are in fact seeking to enter the United 

20 States without official permission or legal au21 thority; 

22 shall be punished as provided in subsection (c) or 

23 (d). 

24 ‘‘(b) CONSPIRACY AND ATTEMPT.—Any person who 

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1 tion shall be punished in the same manner as a person 

2 who completes a violation of such subsection. 

3 ‘‘(c) BASE PENALTY.—Except as provided in sub4 section (d), any person who violates subsection (a) or (b) 

5 shall be fined under title 18, imprisoned for not more than 

6 20 years, or both. 

7 ‘‘(d) ENHANCED PENALTIES.—Any person who vio8 lates subsection (a) or (b) shall— 

9 ‘‘(1) in the case of a violation during and in re10 lation to which a serious bodily injury (as defined in 

11 section 1365 of title 18) occurs to any person, be 

12 fined under title 18, imprisoned for not more than 

13 30 years, or both; 

14 ‘‘(2) in the case of a violation during and in re15 lation to which the life of any person is placed in 

16 jeopardy, be fined under title 18, imprisoned for not 

17 more than 30 years, or both; 

18 ‘‘(3) in the case of a violation involving 10 or 

19 more persons, be fined under title 18, imprisoned for 

20 not more than 30 years, or both; 

21 ‘‘(4) in the case of a violation involving the 

22 bribery or corruption of a U.S. or foreign govern23 ment official, be fined under title 18, imprisoned for 

24 not more than 30 years, or both; 


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1 ‘‘(5) in the case of a violation involving robbery 

2 or extortion (as those terms are defined in para3 graph (1) or (2), respectively, of section 1951(b)) be 

4 fined under title 18, imprisoned for not more than 

5 30 years, or both; 

6 ‘‘(6) in the case of a violation during and in re7 lation to which any person is subjected to an invol8 untary sexual act (as defined in section 2246(2) of 

9 title 18), be fined under title 18, imprisoned for not 

10 more than 30 years, or both; or 

11 ‘‘(7) in the case of a violation resulting in the 

12 death of any person, be fined under title 18, impris13 oned for any term of years or for life, or both. 

14 ‘‘(e) LAWFUL AUTHORITY DEFINED.— 

15 ‘‘(1) IN GENERAL.—In this section, the term 

16 ‘lawful authority’— 

17 ‘‘(A) means permission, authorization, or 

18 license that is expressly provided for in the im19 migration laws of the United States or accom20 panying regulations; and 

21 ‘‘(B) does not include any such authority 

22 secured by fraud or otherwise obtained in viola23 tion of law, nor does it include authority 

24 sought, but not approved. 


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1 ‘‘(2) APPLICATION TO TRAVEL OR ENTRY.—No 

2 alien shall be deemed to have lawful authority to 

3 travel to or enter the United States if such travel or 

4 entry was, is, or would be in violation of law. 

5 ‘‘(f) EFFORT OR SCHEME.—For purposes of this sec6 tion, ‘effort or scheme to assist or cause 5 or more per7 sons’ does not require that the 5 or more persons enter, 

8 attempt to enter, prepare to enter, or travel at the same 

9 time so long as the acts are completed within 1 year. 

10 ‘‘SEC. 296. UNLAWFULLY HINDERING IMMIGRATION, BOR11 DER, AND CUSTOMS CONTROLS. 

12 ‘‘(a) ILLICIT SPOTTING.—Whoever knowingly trans13 mits to another person the location, movement, or activi14 ties of any Federal, State, or tribal law enforcement agen15 cy with the intent to further a Federal crime relating to 

16 United States immigration, customs, controlled sub17 stances, agriculture, monetary instruments, or other bor18 der controls shall be fined under title 18, imprisoned not 

19 more than 10 years, or both. 

20 ‘‘(b) DESTRUCTION OF UNITED STATES BORDER

21 CONTROLS.—Whoever knowingly and without lawful au22 thorization destroys, alters, or damages any fence, barrier, 

23 sensor, camera, or other physical or electronic device de24 ployed by the Federal Government to control the border 

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1 vate, or make any structure intended to defeat, circumvent 

2 or evade any such fence, barrier, sensor camera, or other 

3 physical or electronic device deployed by the Federal gov4 ernment to control the border or a port of entry shall be 

5 fined under title 18, imprisoned not more than 10 years, 

6 or both, and if, at the time of the offense, the person uses 

7 or carries a firearm or who, in furtherance of any such 

8 crime, possesses a firearm, that person shall be fined 

9 under title 18, imprisoned not more than 20 years, or 

10 both. 

11 ‘‘(c) CONSPIRACY AND ATTEMPT.—Any person who 

12 attempts or conspires to violate subsection (a) or (b) of 

13 this section shall be punished in the same manner as a 

14 person who completes a violation of such subsection.’’. 

15 (2) TABLE OF CONTENTS AMENDMENT.—The 

16 table of contents is amended by adding after the 

17 item relating to section 294 the following: 

‘‘Sec. 295. Organized human smuggling. 

‘‘Sec. 296. Unlawfully hindering immigration, border, and customs controls.’’. 

18 (b) PROHIBITING CARRYING OR USE OF A FIREARM

19 DURING AND IN RELATION TO AN ALIEN SMUGGLING

20 CRIME.—Section 924(c) of title 18, United States Code, 

21 is amended— 

22 (1) in paragraph (1)— 


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1 (A) in subparagraph (A), by inserting ‘‘, 

2 alien smuggling crime,’’ after ‘‘crime of vio3 lence’’ each place that term appears; and 

4 (B) in subparagraph (D)(ii), by inserting 

5 ‘‘, alien smuggling crime,’’ after ‘‘crime of vio6 lence’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(6) For purposes of this subsection, the term ‘alien 

9 smuggling crime’ means any felony punishable under sec10 tion 274(a), 277, or 278 of the Immigration and Nation11 ality Act (8 U.S.C. 1324(a), 1327, and 1328).’’. 

12 (c) STATUTE OF LIMITATIONS.—Section 3298 of title 

13 18, United States Code, is amended by inserting ‘‘, 295, 

14 296, or 297’’ after ‘‘274(a)’’. 

15 SEC. 3713. PREVENTING CRIMINALS FROM RENOUNCING 

16 CITIZENSHIP DURING WARTIME. 

17 Section 349(a) (8 U.S.C. 1481(a)) is amended— 

18 (1) by striking paragraph (6); and 

19 (2) redesignating paragraph (7) as paragraph 

20 (6). 

21 SEC. 3714. DIPLOMATIC SECURITY SERVICE. 

22 Paragraph (1) of section 37(a) of the State Depart23 ment Basic Authorities Act of 1956 (22 U.S.C. 2709(a)) 

24 is amended to read as follows: 

25 ‘‘(1) conduct investigations concerning— 


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1 ‘‘(A) illegal passport or visa issuance or 

2 use; 

3 ‘‘(B) identity theft or document fraud af4 fecting or relating to the programs, functions, 

5 and authorities of the Secretary of State; 

6 ‘‘(C) violations of chapter 77 of title 18, 

7 United States Code; and 

8 ‘‘(D) Federal offenses committed within 

9 the special maritime and territorial jurisdiction 

10 of the United States (as defined in section 7(9) 

11 of title 18, United States Code);’’. 

12 SEC. 3715. SECURE ALTERNATIVES PROGRAMS. 

13 (a) IN GENERAL.—The Secretary shall establish se14 cure alternatives programs that incorporate case manage15 ment services in each field office of the Department to 

16 ensure appearances at immigration proceedings and public 

17 safety. 

18 (b) CONTRACT AUTHORITY.—The Secretary shall 

19 contract with nongovernmental community-based organi20 zations to conduct screening of detainees, provide appear21 ance assistance services, and operate community-based su22 pervision programs. Secure alternatives shall offer a con23 tinuum of supervision mechanisms and options, including 

24 community support, depending on an assessment of each 

25 individual’s circumstances. The Secretary may contract 


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1 with nongovernmental organizations to implement secure 

2 alternatives that maintain custody over the alien. 

3 (c) INDIVIDUALIZED DETERMINATIONS.—In deter4 mining whether to use secure alternatives, the Secretary 

5 shall make an individualized determination, and for each 

6 individual placed on secure alternatives, shall review the 

7 level of supervision on a monthly basis. Secure alternatives 

8 shall not be used when release on bond or recognizance 

9 is determined to be a sufficient measure to ensure appear10 ances at immigration proceedings and public safety. 

11 (d) CUSTODY.—The Secretary may use secure alter12 natives programs to maintain custody over any alien de13 tained under the Immigration and Nationality Act, except 

14 for aliens detained under section 236A of such Act (8 

15 U.S.C. 1226a). If an individual is not eligible for release 

16 from custody or detention, the Secretary shall consider the 

17 alien for placement in secure alternatives that maintain 

18 custody over the alien, including the use of electronic ankle 

19 devices. 

20 SEC. 3716. OVERSIGHT OF DETENTION FACILITIES. 

21 (a) DEFINITIONS.—In this section: 

22 (1) APPLICABLE STANDARDS.—The term ‘‘ap23 plicable standards’’ means the most recent version of 

24 detention standards and detention-related policies 


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1 issued by the Secretary or the Director of U.S. Im2 migration and Customs Enforcement. 

3 (2) DETENTION FACILITY.—The term ‘‘deten4 tion facility’’ means a Federal, State, or local gov5 ernment facility, or a privately owned and operated 

6 facility, that is used, in whole or in part, to hold in7 dividuals under the authority of the Director of U.S. 

8 Immigration and Customs Enforcement, including 

9 facilities that hold such individuals under a contract 

10 or agreement with the Director. 

11 (b) DETENTION REQUIREMENTS.—The Secretary 

12 shall ensure that all persons detained pursuant to the Im13 migration and Nationality Act (8 U.S.C. 1101 et seq.) are 

14 treated humanely and benefit from the protections set 

15 forth in this section. 

16 (c) OVERSIGHT REQUIREMENTS.— 

17 (1) ANNUAL INSPECTION.—All detention facili18 ties shall be inspected by the Secretary on a regular 

19 basis, but not less than annually, for compliance 

20 with applicable detention standards issued by the 

21 Secretary and other applicable regulations. 

22 (2) ROUTINE OVERSIGHT.—In addition to an23 nual inspections, the Secretary shall conduct routine 

24 oversight of detention facilities, including unan25 nounced inspections. 


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1 (3) AVAILABILITY OF RECORDS.—All detention 

2 facility contracts, memoranda of agreement, and 

3 evaluations and reviews shall be considered records 

4 for purposes of section 552(f)(2) of title 5, United 

5 States Code. 

6 (4) CONSULTATION.—The Secretary shall seek 

7 input from nongovernmental organizations regarding 

8 their independent opinion of specific facilities. 

9 (d) COMPLIANCE MECHANISMS.— 

10 (1) AGREEMENTS.— 

11 (A) NEW AGREEMENTS.—Compliance with 

12 applicable standards of the Secretary and all 

13 applicable regulations, and meaningful financial 

14 penalties for failure to comply, shall be a mate15 rial term in any new contract, memorandum of 

16 agreement, or any renegotiation, modification, 

17 or renewal of an existing contract or agreement, 

18 including fee negotiations, executed with deten19 tion facilities. 

20 (B) EXISTING AGREEMENTS.—Not later 

21 than 180 days after the date of the enactment 

22 of this Act, the Secretary shall secure a modi23 fication incorporating these terms for any exist24 ing contracts or agreements that will not be re25 negotiated, renewed, or otherwise modified. 


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1 (C) CANCELLATION OF AGREEMENTS.— 

2 Unless the Secretary provides a reasonable ex3 tension to a specific detention facility that is 

4 negotiating in good faith, contracts or agree5 ments with detention facilities that are not 

6 modified within 1 year of the date of the enact7 ment of this Act will be cancelled. 

8 (D) PROVISION OF INFORMATION.—In 

9 making modifications under this paragraph, the 

10 Secretary shall require that detention facilities 

11 provide to the Secretary all contracts, memo12 randa of agreement, evaluations, and reviews 

13 regarding the facility on a regular basis. The 

14 Secretary shall make these materials publicly 

15 available. 

16 (2) FINANCIAL PENALTIES.— 

17 (A) REQUIREMENT TO IMPOSE.—Subject 

18 to subparagraph (C), the Secretary shall impose 

19 meaningful financial penalties upon facilities 

20 that fail to comply with applicable detention 

21 standards issued by the Secretary and other ap22 plicable regulations. 

23 (B) TIMING OF IMPOSITION.—Financial 

24 penalties imposed under subparagraph (A) shall 

25 be imposed immediately after a facility fails to 


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1 achieve an adequate or the equivalent median 

2 score in any performance evaluation. 

3 (C) WAIVER.—The requirements of sub4 paragraph (A) may be waived if the facility cor5 rects the noted deficiencies and receives an ade6 quate score in not more than 90 days. 

7 (D) MULTIPLE OFFENDERS.—In cases of 

8 persistent and substantial noncompliance, in9 cluding scoring less than adequate or the equiv10 alent median score in 2 consecutive inspections, 

11 the Secretary shall terminate contracts or 

12 agreements with such facilities within 60 days, 

13 or in the case of facilities operated by the Sec14 retary, such facilities shall be closed within 90 

15 days. 

16 (e) REPORTING REQUIREMENTS.— 

17 (1) OBJECTIVES.—Not later than June 30 of 

18 each year, the Secretary shall prepare and submit to 

19 the Committee on the Judiciary of the Senate and 

20 the Committee on the Judiciary of the House of 

21 Representatives a report on inspection and oversight 

22 activities of detention facilities. 

23 (2) CONTENTS.—Each report submitted under 

24 paragraph (1) shall include— 


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1 (A) a description of each detention facility 

2 found to be in noncompliance with applicable 

3 detention standards issued by the Department 

4 and other applicable regulations; 

5 (B) a description of the actions taken by 

6 the Department to remedy any findings of non7 compliance or other identified problems, includ8 ing financial penalties, contract or agreement 

9 termination, or facility closure; and 

10 (C) information regarding whether the ac11 tions described in subparagraph (B) resulted in 

12 compliance with applicable detention standards 

13 and regulations. 

14 SEC. 3717. PROCEDURES FOR BOND HEARINGS AND FILING 

15 OF NOTICES TO APPEAR. 

16 (a) ALIENS IN CUSTODY.—Section 236 (8 U.S.C. 

17 1226) is amended by adding at the end the following: 

18 ‘‘(f) PROCEDURES FOR CUSTODY HEARINGS.—For 

19 any alien taken into custody under any provision of this 

20 Act, with the exception of minors being transferred to or 

21 in the custody of the Office of Refugee Resettlement, the 

22 following shall apply: 

23 ‘‘(1) The Secretary of Homeland Security shall, 

24 without unnecessary delay and not later than 72 

25 hours after the alien is taken into custody, file the 


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1 Notice to Appear or other relevant charging docu2 ment with the immigration court having jurisdiction 

3 over the location where the alien was apprehended, 

4 and serve such notice on the alien. 

5 ‘‘(2) The Secretary shall immediately determine 

6 whether the alien shall remain in custody or be re7 leased and, without unnecessary delay and not later 

8 than 72 hours after the alien was taken into cus9 tody, serve upon the alien the custody decision speci10 fying the reasons for continued custody and the 

11 amount of bond if any. 

12 ‘‘(3) The Attorney General shall ensure the 

13 alien has the opportunity to appear before an immi14 gration judge for a custody determination hearing 

15 promptly after service of the Secretary’s custody de16 cision. The immigration judge may, on the Sec17 retary’s motion and upon a showing of good cause, 

18 postpone a custody redetermination hearing for no 

19 more than 72 hours after service of the custody deci20 sion, except that in no case shall the hearing occur 

21 more than 6 days (including weekends and holidays) 

22 after the alien was taken into custody. 

23 ‘‘(4) The immigration judge shall advise the 

24 alien of the right to postpone the custody determina25 tion hearing and shall, on the oral or written request 


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1 of the individual, postpone the custody determina2 tion hearing for a period of not more than 14 days. 

3 ‘‘(5) Except for aliens that the immigration 

4 judge has determined are deportable under section 

5 236(c) or certified under section 236A, the immigra6 tion judge shall review the custody determination de 

7 novo and may continue to detain the alien only if the 

8 Secretary demonstrates that no conditions, including 

9 the use of alternatives to detention that maintain 

10 custody over the alien, will reasonably assure the ap11 pearance of the alien as required and the safety of 

12 any other person and the community. For aliens 

13 whom the immigration judge has determined are de14 portable under section 236(c), the immigration judge 

15 may review the custody determination if the Sec16 retary agrees the alien is not a danger to the com17 munity, and alternatives to detention exist that en18 sure the appearance of the alien, as required, and 

19 the safety of any other person and the community. 

20 ‘‘(6) In the case of any alien remaining in cus21 tody after a custody determination, the Attorney 

22 General shall provide de novo custody determination 

23 hearings before an immigration judge every 90 days 

24 so long as the alien remains in custody. An alien 


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1 may also obtain a de novo custody redetermination 

2 hearing at any time upon a showing of good cause. 

3 ‘‘(7) The Secretary shall inform the alien of his 

4 or her rights under this paragraph at the time the 

5 alien is first taken into custody.’’. 

6 (b) LIMITATIONS ON SOLITARY CONFINEMENT.— 

7 (1) IN GENERAL.—Section 236(d) (8 U.S.C. 

8 1226(d)) is amended by adding at the end the fol9 lowing: 

10 ‘‘(3) NATURE OF DETENTION.— 

11 ‘‘(A) DEFINITIONS.—In this paragraph: 

12 ‘‘(i) ADMINISTRATIVE SEGREGA13 TION.—The term ‘administrative segrega14 tion’ means a nonpunitive form of solitary 

15 confinement for administrative reasons. 

16 ‘‘(ii) DISCIPLINARY SEGREGATION.— 

17 The term ‘disciplinary segregation’ means 

18 a punitive form of solitary confinement for 

19 disciplinary reasons. 

20 ‘‘(iii) SERIOUS MENTAL ILLNESS.— 

21 The term ‘serious mental illness’ means a 

22 substantial disorder of thought or mood 

23 that significantly impairs judgment, behav24 ior, capacity to recognize reality, or ability 

25 to cope with the ordinary demands of life. 


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1 ‘‘(iv) SOLITARY CONFINEMENT.—The 

2 term ‘solitary confinement’ means cell con3 finement of 22 hours or more per day. 

4 ‘‘(B) LIMITATIONS ON SOLITARY CONFINE5 MENT.— 

6 ‘‘(i) IN GENERAL.—The use of soli7 tary confinement of an alien in custody 

8 pursuant to this section, section 235, or 

9 section 241 shall be limited to situations in 

10 which such confinement— 

11 ‘‘(I) is necessary— 

12 ‘‘(aa) to control a threat to 

13 detainees, staff, or the security of 

14 the facility; 

15 ‘‘(bb) to discipline the alien 

16 for a serious disciplinary infrac17 tion if alternative sanctions 

18 would not adequately regulate 

19 the alien’s behavior; or 

20 ‘‘(cc) for good order during 

21 the last 24 hours before an alien 

22 is released, removed, or trans23 ferred from the facility; 

24 ‘‘(II) is limited to the briefest 

25 term and under the least restrictive 


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1 conditions practicable and consistent 

2 with the rationale for placement and 

3 with the progress achieved by the 

4 alien; and 

5 ‘‘(III) complies with the require6 ments set forth in this subparagraph. 

7 ‘‘(ii) CHILDREN.—Children who are 

8 younger than 18 years of age may not be 

9 placed in solitary confinement. 

10 ‘‘(iii) SERIOUS MENTAL ILLNESS.— 

11 ‘‘(I) IN GENERAL.—An alien with 

12 a serious mental illness may not be 

13 placed in involuntary solitary confine14 ment due to mental illness unless— 

15 ‘‘(aa) such confinement is 

16 necessary for the alien’s own pro17 tection; or 

18 ‘‘(bb) if the alien requires 

19 emergency stabilization or poses 

20 a significant threat to staff or 

21 others in general population. 

22 ‘‘(II) MAXIMUM PERIOD.—An 

23 alien diagnosed with serious mental 

24 illness may not be placed in solitary 

25 confinement for more than 15 days 


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1 unless the Secretary of Homeland Se2 curity determines that— 

3 ‘‘(aa) any less restrictive al4 ternative is more likely than not 

5 to cause greater harm to the 

6 alien than the solitary confine7 ment period imposed; or 

8 ‘‘(bb) the likely harm to the 

9 alien is not substantial and the 

10 period of solitary confinement is 

11 the least restrictive alternative 

12 necessary to protect the alien, 

13 other detainees, or others. 

14 ‘‘(iv) OWN PROTECTION.— 

15 ‘‘(I) IN GENERAL.—Involuntary 

16 solitary confinement for an alien’s 

17 own protection may be used only for 

18 the least amount of time practicable 

19 and if no readily available and less re20 strictive alternative will maintain the 

21 alien’s safety. 

22 ‘‘(II) MAXIMUM PERIOD.—An 

23 alien may not be placed in involuntary 

24 solitary confinement for the alien’s 

25 own protection for longer than 15 


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1 days unless the Secretary of Home2 land Security determines that any less 

3 restrictive alternative is more likely 

4 than not to cause greater harm to the 

5 alien than the solitary confinement pe6 riod imposed. 

7 ‘‘(III) PROHIBITED FACTORS.— 

8 The Secretary of Homeland Security 

9 may not rely solely on an alien’s age, 

10 physical disability, sexual orientation, 

11 gender identity, race, or religion. The 

12 Secretary shall make an individualized 

13 assessment in each case. 

14 ‘‘(v) MEDICAL CARE.—An alien placed 

15 in solitary confinement— 

16 ‘‘(I) shall be visited by a medical 

17 professional at least 3 times each 

18 week; 

19 ‘‘(II) shall receive at least weekly 

20 mental health monitoring by a li21 censed mental health clinician; and 

22 ‘‘(III) shall be removed from soli23 tary confinement if— 

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1 tion is having a significant nega2 tive impact on the alien’s mental 

3 health; and 

4 ‘‘(bb) an appropriate alter5 native is available. 

6 ‘‘(vi) NOTIFICATION; ACCESS TO

7 COUNSEL.—If an alien is placed in solitary 

8 confinement, the alien— 

9 ‘‘(I) shall be informed verbally, 

10 and in writing, of the reason for such 

11 confinement and the intended dura12 tion of such confinement, if specified 

13 at the time of initial placement; and 

14 ‘‘(II) shall be offered access to 

15 counsel on the same basis as detainees 

16 in the general population. 

17 ‘‘(vii) LONGER SOLITARY CONFINE18 MENT PERIODS.—If an alien has been sub19 ject to involuntary solitary confinement for 

20 more than 14 consecutive days, the Sec21 retary of Homeland Security shall conduct 

22 a timely review to determine whether con23 tinued placement is justified by an extreme 

24 disciplinary infraction or is the least re25 strictive means of protecting the alien or 


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1 others. Any alien held in solitary confine2 ment for more than 7 days shall be given 

3 a reasonable opportunity to challenge such 

4 placement with the detention facility ad5 ministrator, which will promptly respond to 

6 such challenge in writing. 

7 ‘‘(viii) OVERSIGHT.—The Secretary of 

8 Homeland Security shall ensure that— 

9 ‘‘(I) he or she is regularly in10 formed about the use of solitary con11 finement in all facilities at which 

12 aliens are detained; and 

13 ‘‘(II) the Department fully com14 plies with the provisions under this 

15 paragraph. 

16 ‘‘(C) DISCIPLINARY SEGREGATION.—Dis17 ciplinary segregation is authorized only pursu18 ant to the order of a facility disciplinary panel 

19 following a hearing in which the detainee is de20 termined to have violated a facility rule. 

21 ‘‘(D) ADMINISTRATIVE SEGREGATION.— 

22 Administrative segregation is authorized only as 

23 necessary to ensure the safety of the detainee 

24 or others, the protection of property, or the se25 curity or good order of the facility. Detainees in 


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1 administrative segregation shall be offered pro2 gramming opportunities and privileges con3 sistent with those available in the general popu4 lation, except where precluded by safety or se5 curity concerns.’’. 

6 (2) ANNUAL REPORT.—The Secretary shall— 

7 (A) collect and compile information regard8 ing the prevalence, reasons for, and duration of 

9 solitary confinement in all facilities described in 

10 paragraph (3); 

11 (B) submit an annual report containing 

12 the information described in subparagraph (A) 

13 to Congress not later than 30 days after the 

14 end of the reporting period; and 

15 (C) make the data contained in the report 

16 submitted under subparagraph (B) publicly 

17 available. 

18 (3) RULEMAKING.—The Secretary shall adopt 

19 regulations or policies to carry out section 236(d)(3) 

20 of the Immigration and Nationality Act, as amended 

21 by paragraph (1), at all facilities at which aliens are 

22 detained pursuant to section 235, 236, or 241 of 

23 such Act. 

24 (c) STIPULATED REMOVAL.—Section 240(d) (8 

25 U.S.C. 1229a) is amended to read as follows: 


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1 ‘‘(d) STIPULATED REMOVAL.—The Attorney General 

2 shall provide by regulation for the entry by an immigration 

3 judge of an order of removal stipulated to by the alien 

4 (or the alien’s representative) and the Service. An immi5 gration judge may enter a stipulated removal order only 

6 upon a finding at an in-person hearing that the stipulation 

7 is voluntary, knowing, and intelligent. A stipulated order 

8 shall constitute a conclusive determination of the alien’s 

9 removability from the United States.’’. 

10 SEC. 3718. SANCTIONS FOR COUNTRIES THAT DELAY OR 

11 PREVENT REPATRIATION OF THEIR NATION12 ALS. 

13 Section 243(d) (8 U.S.C. 1253(d)) is amended to 

14 read as follows: 

15 ‘‘(d) DISCONTINUING GRANTING VISAS TO NATION16 ALS OF COUNTRIES THAT DENY OR DELAY ACCEPTING

17 ALIENS.—Notwithstanding section 221(c), if the Sec18 retary of Homeland Security determines, in consultation 

19 with the Secretary of State, that the government of a for20 eign country denies or unreasonably delays accepting 

21 aliens who are citizens, subjects, nationals, or residents 

22 of that country after the Secretary asks whether the gov23 ernment will accept an alien under this section, or after 

24 a determination that the alien is inadmissible under para25 graph (6) or (7) of section 212(a), the Secretary of State 


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1 shall order consular officers in that foreign country to dis2 continue granting visas, or classes of visas, until the Sec3 retary of Homeland Security notifies the Secretary of 

4 State that the country has accepted the aliens.’’. 

5 SEC. 3719. GROSS VIOLATIONS OF HUMAN RIGHTS. 

6 (a) INADMISSIBILITY OF CERTAIN ALIENS.—Section 

7 212(a)(3)(E) (8 U.S.C. 1182(a)(3)(E)) is amended by 

8 striking clause (iii) and inserting the following: 

9 ‘‘(iii) COMMISSION OF ACTS OF TOR10 TURE, EXTRAJUDICIAL KILLINGS, WAR

11 CRIMES, OR WIDESPREAD OR SYSTEMATIC

12 ATTACKS ON CIVILIANS.—Any alien who 

13 planned, ordered, assisted, aided and abet14 ted, committed, or otherwise participated, 

15 including through command responsibility, 

16 in the commission of— 

17 ‘‘(I) any act of torture (as de18 fined in section 2340 of title 18, 

19 United States Code); 

20 ‘‘(II) any extrajudicial killing (as 

21 defined in section 3(a) of the Torture 

22 Victim Protection Act of 1991 (28 

23 U.S.C. 1350 note)) under color of law 

24 of any foreign nation; 


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1 ‘‘(III) a war crime (as defined in 

2 section 2441 of title 18, United States 

3 Code); or 

4 ‘‘(IV) any of the following acts as 

5 a part of a widespread or systematic 

6 attack directed against a civilian pop7 ulation, with knowledge of the attack: 

8 murder, extermination, enslavement, 

9 forcible transfer of population, arbi10 trary detention, rape, sexual slavery, 

11 enforced prostitution, forced preg12 nancy, enforced sterilization, or any 

13 other form of sexual violence of com14 parable gravity; persecution on polit15 ical racial, national, ethnic, cultural, 

16 religious, or gender grounds; enforced 

17 disappearance of persons; or other in18 humane acts of a similar character in19 tentionally causing great suffering or 

20 serious bodily or mental injury, 

21 is inadmissible. 

22 ‘‘(iv) LIMITATION.—Clause (iii) shall 

23 not apply to an alien if the Secretary of 

24 Homeland Security or the Attorney Gen25 eral determine that the actions giving rise 


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1 to the alien’s inadmissibility under such 

2 clause were committed under duress. In 

3 determining whether the alien was subject 

4 to duress, the Secretary may consider, 

5 among relevant factors, the age of the 

6 alien at the time such actions were com7 mitted.’’. 

8 (b) DENYING SAFE HAVEN TO FOREIGN HUMAN

9 RIGHTS VIOLATORS.—Section 2(a)(2) of the Torture Vic10 tim Protection Act of 1991 (28 U.S.C. 1350 note) is 

11 amended— 

12 (1) by inserting after ‘‘killing’’ the following: ‘‘, 

13 a war crime (as defined in subsections (c) and (d) 

14 of section 2441 of title 18, United States Code), a 

15 widespread or systematic attack on civilians (as de16 fined in section 212(a)(3)(E)(iii)(IV) of the Immi17 gration and Nationality Act), or genocide (as defined 

18 in section 1091(a) of such title 18)’’; and 

19 (2) by striking ‘‘to the individual’s legal rep20 resentative’’ and inserting ‘‘to that individual or to 

21 that individual’s legal representative’’. 

22 (c) NONAPPLICABILITY OF CONFIDENTIALITY RE23 QUIREMENT WITH RESPECT TO VISA RECORDS.—The 

24 President may make public, without regard to the require25 ments under section 222(f) of the Immigration and NaVerDate Mar 15 2010 00:25 Oct 04, 2013 Jkt 039200 PO 00000 Frm 00809 Fmt 6652 Sfmt 6201 E:\BILLS\H15.IH H15

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1 tionality Act (8 U.S.C. 1202(f)), with respect to confiden2 tiality of records pertaining to the issuance or refusal of 

3 visas or permits to enter the United States, the names 

4 of aliens deemed inadmissible on the basis of section 

5 212(a)(3)(E)(iii) of such Act, as amended by subsection 

6 (a). 

7 SEC. 3720. REPORTING AND RECORDKEEPING REQUIRE8 MENTS RELATING TO THE DETENTION OF 

9 ALIENS. 

10 (a) IN GENERAL.—In order for Congress and the 

11 public to assess the full costs of apprehending, detaining, 

12 processing, supervising, and removing aliens, and how the 

13 money Congress appropriates for detention is allocated by 

14 Federal agencies, the Assistant Secretary for Immigration 

15 and Customs and Enforcement (referred to in this section 

16 as the ‘‘Assistant Secretary’’), the Director of the Execu17 tive Office of Immigration Review, and the Commissioner 

18 responsible for U.S. Customs and Border Protection (re19 ferred to in this section as the ‘‘Commissioner’’) shall— 

20 (1) maintain the information required under 

21 subsections (b), (c), and (d); and 

22 (2) submit reports on that information to Con23 gress and make that information available to the 

24 public in accordance with subsection (e). 


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1 (b) MAINTENANCE OF INFORMATION BY U.S. IMMI2 GRATION AND CUSTOMS ENFORCEMENT.—The Assistant 

3 Secretary shall record and maintain, in the database of 

4 U.S. Immigration and Customs Enforcement relating to 

5 detained aliens, the following information with respect to 

6 each alien detained pursuant to the Immigration and Na7 tionality Act (8 U.S.C. 1101 et seq.): 

8 (1) The provision of law that provides specific 

9 authority for the alien’s detention and the beginning 

10 and end dates of the alien’s detention pursuant to 

11 that authority. If the alien’s detention is authorized 

12 by different provisions of law during different peri13 ods of time, the Assistant Secretary shall record and 

14 maintain the provision of law that provides authority 

15 for the alien’s detention during each such period. 

16 (2) The place where the alien was apprehended 

17 or where U.S. Immigration and Customs Enforce18 ment assumed custody of the alien. 

19 (3) Each location where U.S. Immigration and 

20 Customs Enforcement detains the alien until the 

21 alien is released from custody or removed from the 

22 United States, including any period of redetention. 

23 (4) The gender and age of each detained alien 

24 in the custody of U.S. Immigration and Customs 

25 Enforcement. 


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1 (5) The number of days the alien is detained, 

2 including the number of days spent in any given de3 tention facility and the total amount of time spent 

4 in detention. 

5 (6) The immigration charges that are the basis 

6 for the alien’s removal proceedings. 

7 (7) The status of the alien’s removal pro8 ceedings and each date on which those proceedings 

9 progress from 1 stage of proceeding to another. 

10 (8) The length of time the alien was detained 

11 following a final administrative order of removal and 

12 the reasons for the continued detention. 

13 (9) The initial custody determination or review 

14 made by U.S. Immigration and Customs Enforce15 ment, including whether the alien received notice of 

16 a custody determination or review and when the cus17 tody determination or review took place. 

18 (10) The risk assessment results for the alien, 

19 including if the alien is subject to mandatory cus20 tody or detention. 

21 (11) The reason for the alien’s release from de22 tention and the conditions of release imposed on the 

23 alien, if applicable. 

24 (c) MAINTENANCE OF INFORMATION BY EXECUTIVE

25 OFFICE OF IMMIGRATION REVIEW.—The Director of the 


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1 Executive Office of Immigration Review shall record and 

2 maintain, in the database of the Executive Office of Immi3 gration Review relating to detained aliens in removal pro4 ceedings, the following information with respect to each 

5 such alien: 

6 (1) The immigration charges that are the basis 

7 for the alien’s removal proceedings, including any re8 vision of the immigration charges and the date of 

9 each such revision. 

10 (2) The gender and age of the alien. 

11 (3) The status of the alien’s removal pro12 ceedings and each date on which those proceedings 

13 progress from one stage of proceeding to another. 

14 (4) The statutory basis for any bond hearing 

15 conducted and the outcomes of the bond hearing. 

16 (5) Whether each court hearing is conducted in 

17 person, by audio link, or by video conferencing. 

18 (6) The date of each attorney entry of appear19 ance before an immigration judge using Form 

20 EOIR–28 and the scope of the appearance to which 

21 the form related. 

22 (d) MAINTENANCE OF INFORMATION BY U.S. CUS23 TOMS AND BORDER PROTECTION.—The Commissioner 

24 shall record and maintain in the database of U.S. Customs 

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1 lowing information with respect to each alien detained 

2 pursuant to the Immigration and Nationality Act (8 

3 U.S.C. 1101 et seq.): 

4 (1) The provision of law that provides specific 

5 authority for the alien’s detention and the beginning 

6 and end dates of the alien’s detention. 

7 (2) The place where the alien was apprehended. 

8 (3) The gender and age of the alien. 

9 (4) Each location where U.S. Customs and Bor10 der Protection detains the alien until the alien is re11 leased from custody or removed from the United 

12 States, including any period of redetention. 

13 (5) The number of days that the alien is de14 tained in the custody of U.S. Customs and Border 

15 Protection. 

16 (6) The immigration charges that are the basis 

17 for the alien’s removal proceedings while the alien is 

18 in the custody of U.S. Customs and Border Protec19 tion. 

20 (7) The initial custody determination by U.S. 

21 Customs and Border Protection, including whether 

22 the alien received notice of a custody determination 

23 or review, when the custody determination or review 

24 took place, and whether U.S. Customs and Border 


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1 Protection offered the option of stipulated removal 

2 to a detained alien. 

3 (8) The reason for the alien’s release from de4 tention and the conditions of release to detention im5 posed on the alien, if applicable. 

6 (e) REPORTING REQUIREMENTS.— 

7 (1) PERIODIC REPORTS.—The Assistant Sec8 retary, the Director of the Executive Office of Immi9 gration Review, and the Commissioner shall periodi10 cally, but not less frequently than annually, submit 

11 to Congress a report containing a summary of the 

12 information required to be maintained by this sec13 tion. Each such report shall include summaries of 

14 national-level data as well as summaries of the infor15 mation required by this section by State and county. 

16 (2) OTHER REPORTS.—The Assistant Secretary 

17 shall report to Congress not less frequently than an18 nually on— 

19 (A) the number of aliens detained for more 

20 than 3 months, 6 months, 1 year, and 2 years; 

21 and 

22 (B) the average period of detention before 

23 receipt of a final administrative order of re24 moval and after receipt of such an order. 


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1 (3) AVAILABILITY TO PUBLIC.—The reports re2 quired under this subsection and the information for 

3 each alien on which the reports are based shall be 

4 made available to the public without the need to sub5 mit a request under section 552 of title 5, United 

6 States Code (commonly referred to as the ‘‘Freedom 

7 of Information Act’’). 

8 (4) PRIVACY PROTECTIONS.—No alien’s identity 

9 may be disclosed when information described in 

10 paragraph (3) is made publicly available. 

11 (f) DEFINITIONS.—In this section: 

12 (1) CASE OUTCOME.—The term ‘‘case outcome’’ 

13 includes a grant of relief from deportation under 

14 section 240A of the Immigration and Nationality 

15 Act (8 U.S.C. 1229b), voluntary departure pursuant 

16 to section 240B of that Act (8 U.S.C. 1229c), re17 moval pursuant to section 238 of that Act (8 U.S.C. 

18 1228), judicial termination of proceedings, termi19 nation of proceedings by U.S. Immigration and Cus20 toms Enforcement, cancellation of the notice to ap21 pear, or permission to withdraw application for ad22 mission without any removal order being issued. 

23 (2) PLACE WHERE THE ALIEN WAS APPRE24 HENDED.—The term ‘‘place where the alien was apVerDate Mar 15 2010 00:25 Oct 04, 2013 Jkt 039200 PO 00000 Frm 00816 Fmt 6652 Sfmt 6201 E:\BILLS\H15.IH H15

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1 prehended’’ refers to the city, county, and State 

2 where an alien is apprehended. 

3 (3) REASON FOR THE ALIEN’S RELEASE FROM

4 DETENTION.—The term ‘‘reason for the alien’s re5 lease from detention’’ refers to release on bond, on 

6 an alien’s own recognizance, on humanitarian 

7 grounds, after grant of relief, or due to termination 

8 of proceedings or removal. 

9 (4) REMOVAL PROCEEDINGS.—The term ‘‘re10 moval proceedings’’ refers to a removal case of any 

11 kind, including expedited removal, administrative re12 moval, stipulated removal, reinstatement, and vol13 untary removal and removals in which an applicant 

14 is permitted to withdraw his or her application for 

15 admission. 

16 (5) STAGE.—The term ‘‘stage’’, with respect to 

17 a proceeding, refers to whether the alien is in pro18 ceedings before an immigration judge, the Board of 

19 Immigration Appeals, a United States court of ap20 peals, or on remand from a United States court of 

21 appeals. 

22 SEC. 3721. POWERS OF IMMIGRATION OFFICERS AND EM23 PLOYEES AT SENSITIVE LOCATIONS. 

24 Section 287 (8 U.S.C. 1357) is amended by adding 

25 at the end the following: 


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1 ‘‘(i)(1) In order to ensure individuals’ access to sen2 sitive locations, this subsection applies to enforcement ac3 tions by officers and agents of U.S. Immigration and Cus4 toms Enforcement and officers and agents of U.S. Cus5 toms and Border Protection. 

6 ‘‘(2)(A) An enforcement action may not take place 

7 at, or be focused on, a sensitive location, except as follows: 

8 ‘‘(i) Under exigent circumstances. 

9 ‘‘(ii) If prior approval is obtained. 

10 ‘‘(B) If an enforcement action is taking place pursu11 ant to subparagraph (A) and the condition permitting the 

12 enforcement action ceases, the enforcement action shall 

13 cease. 

14 ‘‘(3)(A) When proceeding with an enforcement action 

15 at or near a sensitive location, officers and agents referred 

16 to in paragraph (1) shall conduct themselves as discreetly 

17 as possible, consistent with officer and public safety, and 

18 make every effort to limit the time at or focused on the 

19 sensitive location. 

20 ‘‘(B) If, in the course of an enforcement action that 

21 is not initiated at or focused on a sensitive location, offi22 cers or agents are led to or near a sensitive location, and 

23 no exigent circumstance exists, such officers or agents 

24 shall conduct themselves in a discreet manner, maintain 

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1 fore taking any further enforcement action, in order to 

2 determine whether such action should be discontinued. 

3 ‘‘(C) This section not apply to the transportation of 

4 an individual apprehended at or near a land or sea border 

5 to a hospital or healthcare provider for the purpose of pro6 viding such individual medical care. 

7 ‘‘(4)(A) Each official specified in subparagraph (B) 

8 shall ensure that the employees under the supervision of 

9 such official receive annual training on compliance with 

10 the requirements of this subsection in enforcement actions 

11 at or focused on sensitive locations and enforcement ac12 tions that lead officers or agents to or near a sensitive 

13 location. 

14 ‘‘(B) The officials specified in ths subparagraph are 

15 the following: 

16 ‘‘(i) The Chief Counsel of U.S. Immigration 

17 and Customs Enforcement. 

18 ‘‘(ii) The Field Office Directors of U.S. Immi19 gration and Customs Enforcement. 

20 ‘‘(iii) Each Special Agent in Charge of U.S. Im21 migration and Customs Enforcement. 

22 ‘‘(iv) Each Chief Patrol Agent of U.S. Customs 

23 and Border Protection. 

24 ‘‘(v) The Director of Field Operations of U.S. 

25 Customs and Border Protection. 


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1 ‘‘(vi) The Director of Air and Marine Oper2 ations of U.S. Customs and Border Protection. 

3 ‘‘(vii) The Internal Affairs Special Agent in 

4 Charge of U.S. Customs and Border Protection. 

5 ‘‘(5)(A) The Director of U.S. Immigration and Cus6 toms Enforcement and the Commissioner of U.S. Customs 

7 and Border Protection shall each submit to the appro8 priate committees of Congress each year a report on the 

9 enforcement actions undertaken by U.S. Immigration and 

10 Customs Enforcement and U.S. Customs and Border Pro11 tection, respectively, during the preceding year that were 

12 covered by this subsection. 

13 ‘‘(B) Each report on an agency for a year under this 

14 paragraph shall set forth the following: 

15 ‘‘(i) The number of enforcement actions at or 

16 focused on a sensitive location. 

17 ‘‘(ii) The number of enforcement actions where 

18 officers or agents were subsequently led to or near 

19 a sensitive location. 

20 ‘‘(iii) The date, site, and State, city, and county 

21 in which each enforcement action covered by clause 

22 (i) or (ii) occurred. 

23 ‘‘(iv) The component of the agency responsible 

24 for each such enforcement action. 


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1 ‘‘(v) A description of the intended target of 

2 each such enforcement action. 

3 ‘‘(vi) The number of individuals, if any, ar4 rested or taken into custody through each such en5 forcement action. 

6 ‘‘(vii) The number of collateral arrests, if any, 

7 from each such enforcement action and the reasons 

8 for each such arrest. 

9 ‘‘(viii) A certification of whether the location 

10 administrator was contacted prior to, during, or 

11 after each such enforcement action. 

12 ‘‘(C) Each report under this paragraph shall be made 

13 available to the public without the need to submit a re14 quest under section 552 of title 5, United States Code 

15 (commonly referred to as the ‘Freedom of Information 

16 Act’). 

17 ‘‘(6) In this subsection: 

18 ‘‘(A) The term ‘appropriate committees of Con19 gress’ means— 

20 ‘‘(i) the Committee on Homeland Security 

21 and Governmental Affairs of the Senate; 

22 ‘‘(ii) the Committee on the Judiciary of the 

23 Senate; 

24 ‘‘(iii) the Committee on Homeland Security 

25 of the House of Representatives; and 


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1 ‘‘(iv) the Committee on the Judiciary of 

2 the House of Representatives. 

3 ‘‘(B) The term ‘enforcement action’ means an 

4 arrest, interview, search, or surveillance for the pur5 poses of immigration enforcement, and includes an 

6 enforcement action at, or focused on, a sensitive lo7 cation that is part of a joint case led by another law 

8 enforcement agency. 

9 ‘‘(C) The term ‘exigent circumstances’ means a 

10 situation involving the following: 

11 ‘‘(i) The imminent risk of death, violence, 

12 or physical harm to any person, including a sit13 uation implicating terrorism or the national se14 curity of the United States in some other man15 ner. 

16 ‘‘(ii) The immediate arrest or pursuit of a 

17 dangerous felon, terrorist suspect, or other indi18 vidual presenting an imminent danger or public 

19 safety risk. 

20 ‘‘(iii) The imminent risk of destruction of 

21 evidence that is material to an ongoing criminal 

22 case. 

23 ‘‘(D) The term ‘prior approval’ means the fol24 lowing: 


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1 ‘‘(i) In the case of officers and agents of 

2 U.S. Immigration and Customs Enforcement, 

3 prior written approval for a specific, targeted 

4 operation from one of the following officials: 

5 ‘‘(I) The Assistant Director of Oper6 ations, Homeland Security Investigations. 

7 ‘‘(II) The Executive Associate Direc8 tor of Homeland Security Investigations. 

9 ‘‘(III) The Assistant Director for 

10 Field Operations, Enforcement, and Re11 moval Operations. 

12 ‘‘(IV) The Executive Associate Direc13 tor for Field Operations, Enforcement, and 

14 Removal Operations. 

15 ‘‘(ii) In the case of officers and agents of 

16 U.S. Customs and Border Protection, prior 

17 written approval for a specific, targeted oper18 ation from one of the following officials: 

19 ‘‘(I) A Chief Patrol Agent. 

20 ‘‘(II) The Director of Field Oper21 ations. 

22 ‘‘(III) The Director of Air and Marine 

23 Operations 

24 ‘‘(IV) The Internal Affairs Special 

25 Agent in Charge. 


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1 ‘‘(E) The term ‘sensitive location’ includes the 

2 following: 

3 ‘‘(i) Hospitals and health clinics. 

4 ‘‘(ii) Public and private schools (including 

5 pre-schools, primary schools, secondary schools, 

6 postsecondary schools (including colleges and 

7 universities), and other institutions of learning 

8 such as vocational or trade schools). 

9 ‘‘(iii) Organizations assisting children, 

10 pregnant women, victims of crime or abuse, or 

11 individuals with mental or physical disabilities. 

12 ‘‘(iv) Churches, synagogues, mosques, and 

13 other places of worship, such as buildings 

14 rented for the purpose of religious services. 

15 ‘‘(v) Such other locations as the Secretary 

16 of Homeland Security shall specify for purposes 

17 of this subsection.’’. 

18 Subtitle H—Protection of Children 

19 Affected by Immigration En20 forcement 

21 SEC. 3801. SHORT TITLE. 

22 This subtitle may be cited as the ‘‘Humane Enforce23 ment and Legal Protections for Separated Children Act’’ 

24 or the ‘‘HELP Separated Children Act’’. 


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1 SEC. 3802. DEFINITIONS. 

2 In this subtitle: 

3 (1) APPREHENSION.—The term ‘‘apprehension’’ 

4 means the detention or arrest by officials of the De5 partment or cooperating entities. 

6 (2) CHILD.—The term ‘‘child’’ means an indi7 vidual who has not attained 18 years of age. 

8 (3) CHILD WELFARE AGENCY.—The term 

9 ‘‘child welfare agency’’ means a State or local agen10 cy responsible for child welfare services under sub11 titles B and E of title IV of the Social Security Act 

12 (42 U.S.C. 601 et seq.). 

13 (4) COOPERATING ENTITY.—The term ‘‘cooper14 ating entity’’ means a State or local entity acting 

15 under agreement with the Secretary. 

16 (5) DETENTION FACILITY.—The term ‘‘deten17 tion facility’’ means a Federal, State, or local gov18 ernment facility, or a privately owned and operated 

19 facility, that is used, in whole or in part, to hold in20 dividuals under the authority of the Director of U.S. 

21 Immigration and Customs Enforcement, including 

22 facilities that hold such individuals under a contract 

23 or agreement with the Director. 

24 (6) IMMIGRATION ENFORCEMENT ACTION.—The 

25 term ‘‘immigration enforcement action’’ means the 

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1 partment has reason to believe are removable from 

2 the United States by the Secretary or a cooperating 

3 entity. 

4 (7) PARENT.—The term ‘‘parent’’ means a bio5 logical or adoptive parent of a child, whose parental 

6 rights have not been relinquished or terminated 

7 under State law or the law of a foreign country, or 

8 a legal guardian under State law or the law of a for9 eign country. 

10 SEC. 3803. APPREHENSION PROCEDURES FOR IMMIGRA11 TION ENFORCEMENT-RELATED ACTIVITIES. 

12 (a) APPREHENSION PROCEDURES.—In any immigra13 tion enforcement action, the Secretary and cooperating en14 tities shall— 

15 (1) as soon as possible, but generally not later 

16 than 2 hours after an immigration enforcement ac17 tion, inquire whether an individual is a parent or 

18 primary caregiver of a child in the United States 

19 and provide any such individuals with— 

20 (A) the opportunity to make a minimum of 

21 2 telephone calls to arrange for the care of such 

22 child in the individual’s absence; and 

23 (B) contact information for— 


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1 (i) child welfare agencies and family 

2 courts in the same jurisdiction as the child; 

3 and 

4 (ii) consulates, attorneys, and legal 

5 service providers capable of providing free 

6 legal advice or representation regarding 

7 child welfare, child custody determinations, 

8 and immigration matters; 

9 (2) notify the child welfare agency with jurisdic10 tion over the child if the child’s parent or primary 

11 caregiver is unable to make care arrangements for 

12 the child or if the child is in imminent risk of seri13 ous harm; 

14 (3) ensure that personnel of the Department 

15 and cooperating entities do not, absent medical ne16 cessity or extraordinary circumstances, compel or re17 quest children to interpret or translate for interviews 

18 of their parents or of other individuals who are en19 countered as part of an immigration enforcement ac20 tion; and 

21 (4) ensure that any parent or primary caregiver 

22 of a child in the United States— 

23 (A) absent medical necessity or extraor24 dinary circumstances, is not transferred from 


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1 his or her area of apprehension until the indi2 vidual— 

3 (i) has made arrangements for the 

4 care of such child; or 

5 (ii) if such arrangements are unavail6 able or the individual is unable to make 

7 such arrangements, is informed of the care 

8 arrangements made for the child and of a 

9 means to maintain communication with the 

10 child; 

11 (B) absent medical necessity or extraor12 dinary circumstances, and to the extent prac13 ticable, is placed in a detention facility either— 

14 (i) proximate to the location of appre15 hension; or 

16 (ii) proximate to the individual’s ha17 bitual place of residence; and 

18 (C) receives due consideration of the best 

19 interests of such child in any decision or action 

20 relating to his or her detention, release, or 

21 transfer between detention facilities. 

22 (b) REQUESTS TO STATE AND LOCAL ENTITIES.— 

23 If the Secretary requests a State or local entity to hold 

24 in custody an individual whom the Department has reason 

25 to believe is removable pending transfer of that individual 


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1 to the custody of the Secretary or to a detention facility, 

2 the Secretary shall also request that the State or local en3 tity provide the individual the protections specified in 

4 paragraphs (1) and (2) of subsection (a), if that individual 

5 is found to be the parent or primary caregiver of a child 

6 in the United States. 

7 (c) PROTECTIONS AGAINST TRAFFICKING PRE8 SERVED.—The provisions of this section shall not be con9 strued to impede, delay, or in any way limit the obligations 

10 of the Secretary, the Attorney General, or the Secretary 

11 of Health and Human Services under section 235 of the 

12 William Wilberforce Trafficking Victims Protection Reau13 thorization Act of 2008 (8 U.S.C. 1232) or section 462 

14 of the Homeland Security Act of 2002 (6 U.S.C. 279). 

15 SEC. 3804. ACCESS TO CHILDREN, STATE AND LOCAL 

16 COURTS, CHILD WELFARE AGENCIES, AND 

17 CONSULAR OFFICIALS. 

18 At all detention facilities, the Secretary shall— 

19 (1) prominently post in a manner accessible to 

20 detainees and visitors and include in detainee hand21 books information on the protections of this subtitle 

22 as well as information on potential eligibility for pa23 role or release; 

24 (2) absent extraordinary circumstances, ensure 

25 that individuals who are detained by the Department 


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1 and are parents of children in the United States 

2 are— 

3 (A) permitted regular phone calls and con4 tact visits with their children; 

5 (B) provided with contact information for 

6 child welfare agencies and family courts in the 

7 relevant jurisdictions; 

8 (C) able to participate fully and, to the ex9 tent possible, in person in all family court pro10 ceedings and any other proceedings that may 

11 impact their right to custody of their children; 

12 (D) granted free and confidential telephone 

13 calls to relevant child welfare agencies and fam14 ily courts as often as is necessary to ensure 

15 that the best interest of their children, includ16 ing a preference for family unity whenever ap17 propriate, can be considered in child welfare 

18 agency or family court proceedings; 

19 (E) able to fully comply with all family 

20 court or child welfare agency orders impacting 

21 custody of their children; 

22 (F) provided access to United States pass23 port applications or other relevant travel docu24 ment applications for the purpose of obtaining 

25 travel documents for their children; 


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1 (G) afforded timely access to a notary pub2 lic for the purpose of applying for a passport 

3 for their children or executing guardianship or 

4 other agreements to ensure the safety of their 

5 children; and 

6 (H) granted adequate time before removal 

7 to obtain passports, apostilled birth certificates, 

8 travel documents, and other necessary records 

9 on behalf of their children if such children will 

10 accompany them on their return to their coun11 try of origin or join them in their country of or12 igin; and 

13 (3) where doing so would not impact public 

14 safety or national security, facilitate the ability of 

15 detained alien parents and primary caregivers to 

16 share information regarding travel arrangements 

17 with their consulate, children, child welfare agencies, 

18 or other caregivers in advance of the detained alien 

19 individual’s departure from the United States. 

20 SEC. 3805. MANDATORY TRAINING. 

21 The Secretary, in consultation with the Secretary of 

22 Health and Human Services, the Secretary of State, the 

23 Attorney General, and independent child welfare and fam24 ily law experts, shall develop and provide training on the 

25 protections required under sections 3803 and 3804 to all 


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1 personnel of the Department, cooperating entities, and de2 tention facilities operated by or under agreement with the 

3 Department who regularly engage in immigration enforce4 ment actions and in the course of such actions come into 

5 contact with individuals who are parents or primary care6 givers of children in the United States. 

7 SEC. 3806. RULEMAKING. 

8 Not later than 180 days after the date of the enact9 ment of this Act, the Secretary shall promulgate regula10 tions to implement sections 3803 and 3804 of this Act. 

11 SEC. 3807. SEVERABILITY. 

12 If any provision of this subtitle or amendment made 

13 by this subtitle, or the application of a provision or amend14 ment to any person or circumstance, is held to be uncon15 stitutional, the remainder of this subtitle and amendments 

16 made by this subtitle, and the application of the provisions 

17 and amendment to any person or circumstance, shall not 

18 be affected by the holding. 

19 TITLE IV—REFORMS TO NON20 IMMIGRANT VISA PROGRAMS 

21 Subtitle A—Employment-Based 

22 Nonimmigrant Visas 

23 SEC. 4101. MARKET-BASED H–1B VISA LIMITS. 

24 (a) IN GENERAL.—Section 214(g) (8 U.S.C. 

25 1184(g)) is amended— 


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1 (1) in paragraph (1)— 

2 (A) in the matter preceding subparagraph 

3 (A), by striking ‘‘(beginning with fiscal year 

4 1992)’’; and 

5 (B) by amending subparagraph (A) to read 

6 as follows: 

7 ‘‘(A) under section 101(a)(15)(H)(i)(b) 

8 may not exceed the sum of— 

9 ‘‘(i) the base allocation calculated 

10 under paragraph (9)(A); and 

11 ‘‘(ii) the allocation adjustment cal12 culated under paragraph (9)(B); and’’; 

13 (2) by redesignating paragraph (10) as sub14 paragraph (D) of paragraph (9); 

15 (3) by redesignating paragraph (9) as para16 graph (10); and 

17 (4) by inserting after paragraph (8) the fol18 lowing: 

19 ‘‘(9)(A) Except as provided in subparagraph (C), the 

20 base allocation of nonimmigrant visas under section 

21 101(a)(15)(H)(i)(b) for each fiscal year shall be equal 

22 to— 

23 ‘‘(i) the sum of— 

24 ‘‘(I) the base allocation for the most re25 cently completed fiscal year; and 


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1 ‘‘(II) the allocation adjustment under sub2 paragraph (B) for the most recently completed 

3 fiscal year; 

4 ‘‘(ii) if the number calculated under clause (i) 

5 is less than 115,000, 115,000; or 

6 ‘‘(iii) if the number calculated under clause (i) 

7 is more than 180,000, 180,000. 

8 ‘‘(B)(i) If the number of cap-subject nonimmigrant 

9 visa petitions accepted for filing under section 

10 101(a)(15)(H)(i)(b) during the first 45 days petitions may 

11 be filed for a fiscal year is equal to the base allocation 

12 for such fiscal year, an additional 20,000 such visas shall 

13 be made available beginning on the 46th day on which pe14 titions may be filed for such fiscal year. 

15 ‘‘(ii) If the base allocation of cap-subject non16 immigrant visa petitions accepted for filing under section 

17 101(a)(15)(H)(i)(b) for a fiscal year is reached during the 

18 15-day period ending on the 60th day on which petitions 

19 may be filed for such fiscal year, an additional 15,000 

20 such visas shall be made available beginning on the 61st 

21 day on which petitions may be filed for such fiscal year. 

22 ‘‘(iii) If the base allocation of cap-subject non23 immigrant visa petitions accepted for filing under section 

24 101(a)(15)(H)(i)(b) for a fiscal year is reached during the 

25 30-day period ending on the 90th day on which petitions 


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1 may be filed for such fiscal year, an additional 10,000 

2 such visas shall be made available beginning on the 91st 

3 day on which petitions may be filed for such fiscal year. 

4 ‘‘(iv) If the base allocation of cap-subject non5 immigrant visa petitions accepted for filing under section 

6 101(a)(15)(H)(i)(b) for a fiscal year is reached during the 

7 185-day period ending on the 275th day on which peti8 tions may be filed for such fiscal year, an additional 5,000 

9 such visas shall be made available beginning on the date 

10 on which such allocation is reached. 

11 ‘‘(v) If the number of cap-subject nonimmigrant visa 

12 petitions accepted for filing under section 

13 101(a)(15)(H)(i)(b) for a fiscal year is at least 5,000 

14 fewer than the base allocation, but is not more than 9,999 

15 fewer than the base allocation, the allocation adjustment 

16 for the following fiscal year shall be ¥5,000. 

17 ‘‘(vi) If the number of cap-subject nonimmigrant visa 

18 petitions accepted for filing under section 

19 101(a)(15)(H)(i)(b) for a fiscal year is at least 10,000 

20 fewer than the base allocation, but not more than 14,999 

21 fewer than the base allocation, the allocation adjustment 

22 for the following fiscal year shall be ¥10,000. 

23 ‘‘(vii) If the number of cap-subject nonimmigrant visa 

24 petitions accepted for filing under section 

25 101(a)(15)(H)(i)(b) for a fiscal year is at least 15,000 


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1 fewer than the base allocation, but not more than 19,999 

2 fewer than the base allocation, the allocation adjustment 

3 for the following fiscal year shall be ¥15,000. 

4 ‘‘(viii) If the number of cap-subject nonimmigrant 

5 visa petitions accepted for filing under section 

6 101(a)(15)(H)(i)(b) for a fiscal year is at least 20,000 

7 fewer than the base allocation, the allocation adjustment 

8 for the following fiscal year shall be ¥20,000. 

9 ‘‘(C) An allocation adjustment under clause (i), (ii), 

10 (iii), or (iv) of subparagraph (B)— 

11 ‘‘(i) may not increase the total number of non12 immigrant visas available for any fiscal year under 

13 section 101(a)(15)(H)(i)9b) above 180,000; and 

14 ‘‘(ii) may not take place to make additional 

15 nonimmigrant visas available for any fiscal year in 

16 which the national occupational unemployment rate 

17 for ‘Management, Professional, and Related Occupa18 tions’, as published by the Bureau of Labor Statis19 tics each month, averages 4.5 percent or greater 

20 over the 12-month period preceding the date of the 

21 Secretary’s determination of whether the cap should 

22 be increased or decreased.’’. 

23 (b) INCREASE IN ALLOCATION FOR STEM NON24 IMMIGRANTS.—Section 214(g)(5)(C) (8 U.S.C. 

25 1184(g)(5)(C)) is amended to read as follows: 


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1 ‘‘(C) has earned a master’s or higher degree, in 

2 a field of science, technology, engineering, or math 

3 included in the Department of Education’s Classi4 fication of Instructional Programs taxonomy within 

5 the summary groups of computer and information 

6 sciences and support services, engineering, mathe7 matics and statistics, biological and biomedical 

8 sciences, and physical sciences, from a United States 

9 institution of higher education (as defined in section 

10 101(a) of the Higher Education Act of 1965 (20 

11 U.S.C. 1001(a)) until the number of aliens who are 

12 exempted from such numerical limitation during 

13 such year exceed 25,000.’’. 

14 (c) PUBLICATION.— 

15 (1) DATA SUMMARIZING PETITIONS.—The Sec16 retary shall timely upload to a public website data 

17 that summarizes the adjudication of nonimmigrant 

18 petitions under section 101(a)(15)(H)(i)(b) of the 

19 Immigration and Nationality Act (8 U.S.C. 

20 1101(a)(15)(H)(i)(b)) during each fiscal year. 

21 (2) ANNUAL NUMERICAL LIMITATION.—As soon 

22 as practicable and no later than March 2 of each fis23 cal year, the Secretary shall publish in the Federal 

24 Register the numerical limitation determined under 

25 section 214(g)(1)(A) for such fiscal year. 


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1 (d) EFFECTIVE DATE AND APPLICATION.—The 

2 amendments made by subsection (a) shall take effect on 

3 the first day of the first fiscal year beginning after the 

4 date of the enactment of this Act and apply to applications 

5 for nonimmigrant visas under section 101(a)(15)(H)(i)(b) 

6 of the Immigration and Nationality Act (8 U.S.C. 

7 1101(a)(15)(H)(i)(b)) for such fiscal year. 

8 SEC. 4102. EMPLOYMENT AUTHORIZATION FOR DEPEND9 ENTS OF EMPLOYMENT-BASED NON10 IMMIGRANTS. 

11 Section 214(c) (8 U.S.C. 1184(c)) is amended— 

12 (1) by striking ‘‘Attorney General’’ each place 

13 such term appears and inserting ‘‘Secretary of 

14 Homeland Security’’; and 

15 (2) in paragraph (2), by amending subpara16 graph (E) to read as follows: 

17 ‘‘(E)(i) In the case of an alien spouse admitted under 

18 section 101(a)(15)(L), who is accompanying or following 

19 to join a principal alien admitted under such section, the 

20 Secretary of Homeland Security shall— 

21 ‘‘(I) authorize the alien spouse to engage in em22 ployment in the United States; and 

23 ‘‘(II) provide the spouse with an ‘employment 

24 authorized’ endorsement or other appropriate work 

25 permit. 


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1 ‘‘(ii) In the case of an alien spouse admitted under 

2 section 101(a)(15)(H)(i)(b), who is accompanying or fol3 lowing to join a principal alien admitted under such sec4 tion, the Secretary of Homeland Security shall— 

5 ‘‘(I) authorize the alien spouse to engage in em6 ployment in the United States; and 

7 ‘‘(II) provide such a spouse with an ‘employ8 ment authorized’ endorsement or other appropriate 

9 work permit, if appropriate. 

10 ‘‘(iii)(I) Upon the request of the Secretary of State, 

11 the Secretary of Homeland Security may suspend employ12 ment authorizations under clause (ii) to nationals of a for13 eign country that does not permit reciprocal employment 

14 to nationals of the United States who are accompanying 

15 or following to join the employment-based nonimmigrant 

16 husband or wife of such spouse to be employed in such 

17 foreign country based on that status. 

18 ‘‘(II) In subclause (I), the term ‘employment-based 

19 nonimmigrant’ means an individual who is admitted to a 

20 foreign country to perform employment similar to the em21 ployment described in section 101(a)(15)(H)(i)(b).’’. 


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1 SEC. 4103. ELIMINATING IMPEDIMENTS TO WORKER MO2 BILITY. 

3 (a) DEFERENCE TO PRIOR APPROVALS.—Section 

4 214(c) (8 U.S.C. 1184(c)), as amended by section 4102, 

5 is further amended by adding at the end the following: 

6 ‘‘(15) Subject to paragraph (2)(D) and subsection (g) 

7 and section 104(c) and subsections (a) and (b) of section 

8 106 of the American Competitiveness in the Twenty-first 

9 Century Act of 2000 (Public Law 106–313; 8 U.S.C. 1184 

10 note), the Secretary of Homeland Security shall give def11 erence to a prior approval of a petition in reviewing a peti12 tion to extend the status of a nonimmigrant admitted 

13 under subparagraph (H)(i)(b) or (L) of section 101(a)(15) 

14 if the petition involves the same alien and petitioner unless 

15 the Secretary determines that— 

16 ‘‘(A) there was a material error with regard to 

17 the previous petition approval; 

18 ‘‘(B) a substantial change in circumstances has 

19 taken place; 

20 ‘‘(C) new material information has been discov21 ered that adversely impacts the eligibility of the em22 ployer or the nonimmigrant; or 

23 ‘‘(D) in the Secretary’s discretion, such exten24 sion should not be approved.’’. 


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1 (b) EFFECT OF EMPLOYMENT TERMINATION.—Sec2 tion 214(n) (8 U.S.C. 1184(n)) is amended by adding at 

3 the end the following: 

4 ‘‘(3) A nonimmigrant admitted under section 

5 101(a)(15)(H)(i)(b) whose employment relationship termi6 nates before the expiration of the nonimmigrant’s period 

7 of authorized admission shall be deemed to have retained 

8 such legal status throughout the entire 60-day period be9 ginning on the date such employment is terminated. A 

10 nonimmigrant who files a petition to extend, change, or 

11 adjust their status at any point during such period shall 

12 be deemed to have lawful status under section 

13 101(a)(15)(H)(i)(b) while that petition is pending.’’. 

14 (c) VISA REVALIDATION.—Section 222(c) (8 U.S.C. 

15 1202(c)) is amended— 

16 (1) by inserting ‘‘(1)’’ before ‘‘Every alien’’; 

17 and 

18 (2) by adding at the end the following: 

19 ‘‘(2) The Secretary of State may, at the Secretary’s 

20 discretion, renew in the United States the visa of an alien 

21 admitted under subparagraph (A), (E), (G), (H), (I), (L), 

22 (N), (O), (P), (R), or (W) of section 101(a)(15) if the 

23 alien has remained eligible for such status and qualifies 

24 for a waiver of interview as provided for in subsection 

25 (h)(1)(D).’’. 


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1 (d) INTERVIEW WAIVERS FOR LOW RISK VISA AP2 PLICANTS.—Section 222(h)(1) (8 U.S.C. 1202(h)(1)) is 

3 amended— 

4 (1) in subparagraph (B)(iv), by striking ‘‘or’’ at 

5 the end; 

6 (2) in subparagraph (C)(ii), by striking ‘‘and’’ 

7 at the end and inserting ‘‘or’’; and 

8 (3) by adding at the end the following: 

9 ‘‘(D) by the Secretary of State, in con10 sultation with the Secretary of Homeland Secu11 rity, for such aliens or classes of aliens— 

12 ‘‘(i) that the Secretary determines 

13 generally represent a low security risk; 

14 ‘‘(ii) for which an in-person interview 

15 would not add material benefit to the adju16 dication process; 

17 ‘‘(iii) unless the Secretary of State, 

18 after a review of all standard database and 

19 biometric checks, the visa application, and 

20 other supporting documents, determines 

21 that an interview is unlikely to reveal de22 rogatory information; and 

23 ‘‘(iv) except that in every case, the 

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1 quire an applicant to appear for an inter2 view; and’’. 

3 SEC. 4104. STEM EDUCATION AND TRAINING. 

4 (a) FEE.—Section 212(a)(5)(A) (8 U.S.C. 

5 1182(a)(5)(A)) is amended by adding at the end the fol6 lowing: 

7 ‘‘(v) FEE.—An employer shall submit, 

8 along with an application for a certification 

9 under this subparagraph, a fee of $1,000, 

10 which shall be deposited in the STEM 

11 Education and Training Account estab12 lished under section 286(w).’’. 

13 (b) H–1B NONIMMIGRANT PETITIONER ACCOUNT.— 

14 Section 286(s) (8 U.S.C. 1356(s)) is amended by striking 

15 paragraphs (3) and (4) and inserting the following: 

16 ‘‘(3) LOW-INCOME STEM SCHOLARSHIP PRO17 GRAM.— 

18 ‘‘(A) IN GENERAL.—Thirty percent of the 

19 amounts deposited into the H–1B Non20 immigrant Petitioner Account shall remain 

21 available to the Director of the National Science 

22 Foundation until expended for scholarships de23 scribed in section 414(d) of the American Com24 petitiveness and Workforce Improvement Act of 

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1 dents enrolled in a program of study leading to 

2 a degree in science, technology, engineering, or 

3 mathematics. 

4 ‘‘(B) STEM EDUCATION FOR UNDERREP5 RESENTED.—The Director shall work in con6 sultation with, or direct scholarship funds 

7 through, national nonprofit organizations that 

8 primarily focus on science, technology, engineer9 ing, or mathematics education for underrep10 resented groups, such as women and minorities. 

11 ‘‘(C) LOAN FORGIVENESS.—The Director 

12 may expend funds from the Account for pur13 poses of loan forgiveness or repayment of stu14 dent loans which led to a low-income student 

15 obtaining a degree in science, technology, engi16 neering, mathematics, or other high demand 

17 fields. 

18 ‘‘(4) NATIONAL SCIENCE FOUNDATION GRANT

19 PROGRAM FOR K–12 SCIENCE, TECHNOLOGY, ENGI20 NEERING, AND MATHEMATICS EDUCATION.— 

21 ‘‘(A) IN GENERAL.—Ten percent of the 

22 amounts deposited into the H–1B Non23 immigrant Petitioner Account shall remain 

24 available to the Director of the National Science 

25 Foundation until expended to carry out a direct 


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1 or matching grant program to support improve2 ment in K–12 education, including through pri3 vate-public partnerships. Grants awarded pur4 suant to this paragraph shall include formula 

5 based grants that target lower income popu6 lations with a focus on reaching women and mi7 norities. 

8 ‘‘(B) TYPES OF PROGRAMS COVERED.— 

9 The Director shall award grants to programs 

10 that— 

11 ‘‘(i) support the development and im12 plementation of standards-based instruc13 tional materials models and related student 

14 assessments that enable K–12 students to 

15 acquire an understanding of science, tech16 nology, engineering, and mathematics, and 

17 to develop critical thinking skills; 

18 ‘‘(ii) provide systemic improvement in 

19 training K–12 teachers and education for 

20 students in science, technology, engineer21 ing, and mathematics, including by sup22 porting efforts to promote gender-equality 

23 among students receiving such instruction; 

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1 neering, and mathematics teachers in the 

2 use of technology in the classroom; 

3 ‘‘(iv) stimulate systemwide K–12 re4 form of science, technology, engineering, 

5 and mathematics in urban, rural, and eco6 nomically disadvantaged regions of the 

7 United States; 

8 ‘‘(v) provide externships and other op9 portunities for students to increase their 

10 appreciation and understanding of science, 

11 technology, engineering, and mathematics 

12 (including summer institutes sponsored by 

13 an institution of higher education for stu14 dents in grades 7 through 12 that provide 

15 instruction in such fields); 

16 ‘‘(vi) involve partnerships of industry, 

17 educational institutions, and national or 

18 regional community based organizations 

19 with demonstrated experience addressing 

20 the educational needs of disadvantaged 

21 communities; 

22 ‘‘(vii) provide college preparatory sup23 port to expose and prepare students for ca24 reers in science, technology, engineering, 

25 and mathematics; or 


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1 ‘‘(viii) provide for carrying out sys2 temic reform activities under section 

3 3(a)(1) of the National Science Foundation 

4 Act of 1950 (42 U.S.C. 1862(a)(1)).’’. 

5 (c) USE OF FEE.—Section 286 (8 U.S.C. 1356) is 

6 amended by adding at the end the following: 

7 ‘‘(w) STEM EDUCATION AND TRAINING ACCOUNT.— 

8 ‘‘(1) IN GENERAL.—There is established in the 

9 general fund of the Treasury a separate account, 

10 which shall be known as the ‘STEM Education and 

11 Training Account’. Notwithstanding any other sec12 tion of this title, there shall be deposited as offset13 ting receipts into the Account all of the fees col14 lected under section 212(a)(5)(A)(v). 

15 ‘‘(2) PURPOSES.— 

16 ‘‘(A) IN GENERAL.—The purposes of the 

17 STEM Education and Training Account are to 

18 enhance the economic competitiveness of the 

19 United States by— 

20 ‘‘(i) strengthening STEM education, 

21 including in computer science, at all levels; 

22 ‘‘(ii) ensuring that schools have access 

23 to well-trained and effective STEM teach24 ers; 


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1 ‘‘(iii) supporting efforts to strengthen 

2 the elementary and secondary curriculum, 

3 including efforts to make courses in com4 puter science more broadly available; and 

5 ‘‘(iv) helping colleges and universities 

6 produce more graduates in fields needed by 

7 American employers. 

8 ‘‘(B) DEFINED TERM.—In this paragraph, 

9 the term ‘STEM education’ means instruction 

10 in a field of science, technology, engineering or 

11 math included in the Department of Edu12 cation’s Classification of Instructional Pro13 grams taxonomy within the summary groups of 

14 computer and information sciences and support 

15 services, engineering, mathematics and statis16 tics, biological and biomedical sciences, and 

17 physical sciences. 

18 ‘‘(3) ALLOCATIONS TO STATES AND TERRI19 TORIES.— 

20 ‘‘(A) IN GENERAL.—Subject to subpara21 graph (B), the Secretary of Education shall 

22 proportionately allocate 70 percent of the 

23 amounts deposited into the STEM Education 

24 and Training Account each fiscal year to the 50 

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1 wealth of Puerto Rico, Guam, the United States 

2 Virgin Islands, American Samoa, and the 

3 Northern Mariana Islands in an amount that 

4 bears the same relationship as the proportion 

5 the State, district, or territory received under 

6 subpart 2 of part A of title I of the Elementary 

7 and Secondary Education Act of 1965 (20 

8 U.S.C. 6331 et seq.) for the preceding fiscal 

9 year bears to the amount all States and terri10 tories received under that subpart for the pre11 ceding fiscal year. 

12 ‘‘(B) MINIMUM ALLOCATIONS.—No State 

13 or territory shall receive less than an amount 

14 equal to 0.5 percent of the total amount made 

15 available to all States from the STEM Edu16 cation and Training Account. If a State or ter17 ritory does not request an allocation from the 

18 Account for a fiscal year, the Secretary shall re19 allocate the State’s allocation to the remaining 

20 States and territories in accordance with this 

21 paragraph. 

22 ‘‘(C) USE OF FUNDS.—Amounts allocated 

23 pursuant to this paragraph may be used for the 

24 activities described in section 4104(c) of the 


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1 Border Security, Economic Opportunity, and 

2 Immigration Modernization Act. 

3 ‘‘(4) STEM CAPACITY BUILDING AT MINORITY4 SERVING INSTITUTIONS.— 

5 ‘‘(A) IN GENERAL.—The Secretary of Edu6 cation shall allocate 20 percent of the amounts 

7 deposited into the STEM Education and Train8 ing Account to establish or expand programs to 

9 award grants to institutions described in sub10 paragraph (C)— 

11 ‘‘(i) to enhance the quality of under12 graduate science, technology, engineering, 

13 and mathematics education at such institu14 tions; and 

15 ‘‘(ii) to increase the retention and 

16 graduation rates of students pursuing de17 grees in such fields at such institutions. 

18 ‘‘(B) TYPES OF PROGRAMS COVERED.— 

19 Grants awarded under this paragraph shall be 

20 awarded to— 

21 ‘‘(i) minority-serving institutions of 

22 higher education for— 

23 ‘‘(I) activities to improve courses 

24 and curriculum in science, technology, 

25 engineering, and mathematics; 


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1 ‘‘(II) efforts to promote gender 

2 equality among students enrolled in 

3 such courses; 

4 ‘‘(III) faculty development; 

5 ‘‘(IV) stipends for undergraduate 

6 students participating in research; 

7 and 

8 ‘‘(V) other activities consistent 

9 with subparagraph (A), as determined 

10 by the Secretary of Education; and 

11 ‘‘(ii) to other institutions of higher 

12 education to partner with the institutions 

13 described in clause (i) for— 

14 ‘‘(I) faculty and student develop15 ment and exchange; 

16 ‘‘(II) research infrastructure de17 velopment; 

18 ‘‘(III) joint research projects; 

19 and 

20 ‘‘(IV) identification and develop21 ment of minority and low-income can22 didates for graduate studies in 

23 science, technology, engineering, and 

24 mathematics degree programs. 


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1 ‘‘(C) INSTITUTIONS INCLUDED.—In this 

2 paragraph, the term ‘institutions’ shall in3 clude— 

4 ‘‘(i) colleges eligible to receive funds 

5 under the Act of August 30, 1890 (7 

6 U.S.C. 321–326a and 328), including 

7 Tuskegee University; 

8 ‘‘(ii) 1994 Institutions, as defined in 

9 section 532 of the Equity in Educational 

10 Land-Grant Status Act of 1994 (7 U.S.C. 

11 301 note); 

12 ‘‘(iii) part B institutions (as defined 

13 in section 322 of the Higher Education 

14 Act of 1965 (20 U.S.C. 1061)); and 

15 ‘‘(iv) Hispanic-serving institutions, as 

16 defined in section 502(a)(5) of the Higher 

17 Education Act of 1965 (20 U.S.C. 

18 1101a(a)(5)). 

19 ‘‘(D) GRANTING OF BONDING AUTHOR20 ITY.—A recipient of a grant awarded under this 

21 paragraph is authorized to utilize such funds 

22 for the issuance of bonds to fund research in23 frastructure development. 

24 ‘‘(E) LOAN FORGIVENESS.—The Director 

25 may expend funds from the allocation under 


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1 this paragraph for purposes of loan forgiveness 

2 or repayment of student loans which led to a 

3 low-income student obtaining a degree in 

4 science, technology, engineering, mathematics, 

5 or other high demand fields. 

6 ‘‘(5) WORKFORCE INVESTMENT.—The Sec7 retary of Education shall allocate 5 percent of the 

8 amounts deposited into the STEM Education and 

9 Training Account to the Secretary of Labor until ex10 pended for statewide workforce investment activities 

11 that may also benefit veterans and their spouses, in12 cluding youth activities and statewide employment 

13 and training and activities for adults and dislocated 

14 workers described in section 128(a) of the Workforce 

15 Investment Act of 1998 (29 U.S.C. 2853(a)), and 

16 the development of licensing and credentialing pro17 grams. 

18 ‘‘(6) AMERICAN DREAM ACCOUNTS.—The Sec19 retary of Education shall allocate 3 percent of the 

20 amounts deposited into the STEM Education and 

21 Training Account to award grants, on a competitive 

22 basis, to eligible entities to enable such eligible enti23 ties to establish and administer American Dream 

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1 gration Reform and Immigrant Responsibility Act of 

2 1996. 

3 ‘‘(7) ADMINISTRATION EXPENSES.—The Sec4 retary of Education may expend up to 2 percent of 

5 the amounts deposited into the STEM Education 

6 and Training Account for administrative expenses, 

7 including conducting an annual evaluation of the im8 plementation and impact of the activities funded by 

9 the STEM Education and Training Account as re10 quired under section 4104(c)(3) of the Border Secu11 rity, Economic Opportunity, and Immigration Mod12 ernization Act.’’. 

13 (d) STEM EDUCATION GRANTS.— 

14 (1) APPLICATION PROCESS.— 

15 (A) IN GENERAL.—Each Governor and 

16 Chief State School Officer desiring an allocation 

17 from the STEM Education and Training Ac18 count under section 286(w)(3) of the Immigra19 tion and Nationality Act, as added by sub20 section (b), shall jointly submit a plan, includ21 ing a proposed budget, signed by the Governor 

22 and Chief State School Officer, to the Secretary 

23 of Education at such time, in such form, and 

24 including such information as the Secretary of 

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1 graph (B). The plan shall describe how the 

2 State plans to improve STEM education to 

3 meet the needs of students and employers in 

4 the State. 

5 (B) RULEMAKING.—The Secretary of Edu6 cation shall issue a rule, through a rulemaking 

7 procedure that complies with section 553 of 

8 title 5, United States Code, prescribing the in9 formation that should be included in the State 

10 plans submitted under subparagraph (A). 

11 (2) ALLOWABLE ACTIVITIES.—A State, district, 

12 or territory that receives funding from the STEM 

13 Education and Training Account may use such 

14 funding to develop and implement science, tech15 nology, engineering, and mathematics (STEM) ac16 tivities to serve students, including students of 

17 underrepresented groups such as minorities, eco18 nomically disadvantaged, and females by— 

19 (A) strengthening the State’s STEM aca20 demic achievement standards; 

21 (B) implementing strategies for the re22 cruitment, training, placement, and retention of 

23 teachers in STEM fields, including computer 

24 science; 


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1 (C) carrying out initiatives designed to as2 sist students in succeeding and graduating from 

3 postsecondary STEM programs; 

4 (D) improving the availability and access 

5 to STEM-related worker training programs, in6 cluding community college courses and pro7 grams; 

8 (E) forming partnerships with higher edu9 cation, economic development, workforce, indus10 try, and local educational agencies; or 

11 (F) engaging in other activities, as deter12 mined by the State, in consultation with busi13 nesses and State agencies, to improve STEM 

14 education. 

15 (3) NATIONAL EVALUATION.— 

16 (A) IN GENERAL.—Using amounts allo17 cated under section 286(w)(7) of the Immigra18 tion and Nationality Act, as added by sub19 section (b), the Secretary of Education shall 

20 conduct, directly or through a grant or con21 tract, an annual evaluation of the implementa22 tion and impact of the activities funded by the 

23 STEM Education and Training Account. 

24 (B) ANNUAL REPORT.—The Secretary 

25 shall submit a report describing the results of 


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1 each evaluation conducted under subparagraph 

2 (A) to— 

3 (i) the President; 

4 (ii) the Committee on the Judiciary of 

5 the Senate; 

6 (iii) the Committee on the Judiciary 

7 of the House of Representatives; 

8 (iv) the Committee on Health, Edu9 cation, Labor, and Pensions of the Senate; 

10 and 

11 (v) the Committee on Education and 

12 the Workforce of the House of Representa13 tives. 

14 (C) DISSEMINATION.—The Secretary shall 

15 make the findings of the evaluation widely 

16 available to educators, the business community, 

17 and the public. 

18 (4) RULE OF CONSTRUCTION.—Nothing in this 

19 subsection may be construed to permit the Secretary 

20 of Education or any other Federal official to approve 

21 the content or academic achievement standards of a 

22 State. 

23 (e) AMERICAN DREAM ACCOUNTS.— 

24 (1) DEFINITIONS.—In this subsection: 


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1 (A) AMERICAN DREAM ACCOUNT.—The 

2 term ‘‘American Dream Account’’ means a per3 sonal online account for low-income students 

4 that monitors higher education readiness and 

5 includes a college savings account. 

6 (B) APPROPRIATE COMMITTEES OF CON7 GRESS.—The term ‘‘appropriate committees of 

8 Congress’’ means— 

9 (i) the Committee on Health, Edu10 cation, Labor, and Pensions of the Senate; 

11 (ii) the Committee on Appropriations 

12 of the Senate; 

13 (iii) the Committee on Finance of the 

14 Senate; 

15 (iv) the Committee on Education and 

16 the Workforce of the House of Representa17 tives; 

18 (v) the Committee on Appropriations 

19 of the House of Representatives; 

20 (vi) the Committee on Ways and 

21 Means of the House of Representatives; 

22 and 

23 (vii) any other committee of the Sen24 ate or House of Representatives that the 

25 Secretary determines appropriate. 


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1 (C) COLLEGE SAVINGS ACCOUNT.—The 

2 term ‘‘college savings account’’ means a savings 

3 account that— 

4 (i) provides some tax-preferred accu5 mulation; 

6 (ii) is widely available (such as Quali7 fied Tuition Programs under section 529 

8 of the Internal Revenue Code of 1986 or 

9 Coverdell Education Savings Accounts 

10 under section 530 of the Internal Revenue 

11 Code of 1986); and 

12 (iii) contains funds that may be used 

13 only for the costs associated with attending 

14 an institution of higher education, includ15 ing— 

16 (I) tuition and fees; 

17 (II) room and board; 

18 (III) textbooks; 

19 (IV) supplies and equipment; and 

20 (V) Internet access. 

21 (D) DUAL ENROLLMENT PROGRAM.—The 

22 term ‘‘dual enrollment program’’ means an aca23 demic program through which a secondary 

24 school student is able simultaneously to earn 


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1 credit toward a secondary school diploma and a 

2 postsecondary degree or credential. 

3 (E) ELIGIBLE ENTITY.—The term ‘‘eligible 

4 entity’’ means— 

5 (i) a State educational agency; 

6 (ii) a local educational agency; 

7 (iii) a charter school or charter man8 agement organization; 

9 (iv) an institution of higher education; 

10 (v) a nonprofit organization; 

11 (vi) an entity with demonstrated expe12 rience in educational savings or in assist13 ing low-income students to prepare for, 

14 and attend, an institution of higher edu15 cation; or 

16 (vii) a consortium of 2 or more of the 

17 entities described in clause (i) through (vi). 

18 (F) ESEA DEFINITIONS.—The terms 

19 ‘‘local educational agency’’, ‘‘parent’’, and 

20 ‘‘State educational agency’’ have the meanings 

21 given the terms in section 9101 of the Elemen22 tary and Secondary Education Act of 1965 (20 

23 U.S.C. 7801) and the term ‘‘charter school’’ 

24 has the meaning given the term in section 5210 

25 of such Act. 


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1 (G) INSTITUTION OF HIGHER EDU2 CATION.—The term ‘‘institution of higher edu3 cation’’ has the meaning given the term in sec4 tion 101(a) of the Higher Education Act of 

5 1965 (20 U.S.C. 1001(a)). 

6 (H) LOW-INCOME STUDENT.—The term 

7 ‘‘low-income student’’ means a student who is 

8 eligible to receive a free or reduced price lunch 

9 under the Richard B. Russell National School 

10 Lunch Act (42 U.S.C. 1751 et seq.). 

11 (2) GRANT PROGRAM.— 

12 (A) PROGRAM AUTHORIZED.—The Sec13 retary of Education is authorized to award 

14 grants, on a competitive basis, to eligible enti15 ties to enable such eligible entities to establish 

16 and administer American Dream Accounts for a 

17 group of low-income students. 

18 (B) RESERVATION.—From the amount 

19 made available each fiscal year to carry out this 

20 section under section 286(w)(6) of the Immi21 gration and Nationality Act, the Secretary of 

22 Education shall reserve not more than 5 per23 cent of such amount to carry out the evaluation 

24 activities described in paragraph (5)(A). 


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1 (C) DURATION.—A grant awarded under 

2 this subsection shall be for a period of not more 

3 than 3 years. The Secretary of Education may 

4 extend such grant for an additional 2-year pe5 riod if the Secretary of Education determines 

6 that the eligible entity has demonstrated signifi7 cant progress, based on the factors described in 

8 paragraph (3)(B)(xi). 

9 (3) APPLICATIONS; PRIORITY.— 

10 (A) IN GENERAL.—Each eligible entity de11 siring a grant under this subsection shall sub12 mit an application to the Secretary of Edu13 cation at such time, in such manner, and con14 taining such information as the Secretary of 

15 Education may require. 

16 (B) CONTENTS.—The application de17 scribed in subparagraph (A) shall include— 

18 (i) a description of the characteristics 

19 of a group of not less than 30 low-income 

20 public school students who— 

21 (I) are, at the time of the appli22 cation, attending a grade not higher 

23 than grade 9; and 

24 (II) will, under the grant, receive 

25 an American Dream Account; 


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1 (ii) a description of how the eligible 

2 entity will engage, and provide support 

3 (such as tutoring and mentoring for stu4 dents, and training for teachers and other 

5 stakeholders) either online or in person, 

6 to— 

7 (I) the students in the group de8 scribed in clause (i); 

9 (II) the family members and 

10 teachers of such students; and 

11 (III) other stakeholders such as 

12 school administrators and school 

13 counselors; 

14 (iii) an identification of partners who 

15 will assist the eligible entity in establishing 

16 and sustaining American Dream Accounts; 

17 (iv) a description of what experience 

18 the eligible entity or the eligible entity’s 

19 partners have in managing college savings 

20 accounts, preparing low-income students 

21 for postsecondary education, managing on22 line systems, and teaching financial lit23 eracy; 

24 (v) a description of how the eligible 

25 entity will help increase the value of the 


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1 college savings account portion of each 

2 American Dream Account, such as by pro3 viding matching funds or incentives for 

4 academic achievement; 

5 (vi) a description of how the eligible 

6 entity will notify each participating student 

7 in the group described in subparagraph 

8 (A), on a semiannual basis, of the current 

9 balance and status of the student’s college 

10 savings account portion of the student’s 

11 American Dream Account; 

12 (vii) a plan that describes how the eli13 gible entity will monitor participating stu14 dents in the group described in clause (i) 

15 to ensure that each student’s American 

16 Dream Account will be maintained if a stu17 dent in such group changes schools before 

18 graduating from secondary school; 

19 (viii) a plan that describes how the 

20 American Dream Accounts will be man21 aged for not less than 1 year after a ma22 jority of the students in the group de23 scribed in clause (i) graduate from sec24 ondary school; 


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1 (ix) a description of how the eligible 

2 entity will encourage students in the group 

3 described in clause (i) who fail to graduate 

4 from secondary school to continue their 

5 education; 

6 (x) a description of how the eligible 

7 entity will evaluate the grant program, in8 cluding by collecting, as applicable, data 

9 about the students in the group described 

10 in clause (i) during the grant period, and, 

11 if sufficient grant funds are available, after 

12 the grant period, including 

13 (I) attendance rates; 

14 (II) progress reports; 

15 (III) grades and course selec16 tions; 

17 (IV) the student graduation rate 

18 (as defined in section 1111 

19 (b)(2)(C)(vi) of the Elementary and 

20 Secondary Education Act of 1965 (20 

21 U.S.C. 6311(b)(2)(C)(vi))); 

22 (V) rates of student completion 

23 of the Free Application for Federal 

24 Student Aid described in section 483 


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1 of the Higher Education Act of 1965 

2 (20 U.S.C. 1090); 

3 (VI) rates of enrollment in an in4 stitution of higher education; and 

5 (VII) rates of completion at an 

6 institution of higher education; 

7 (xi) a description of what will happen 

8 to the funds in the college savings account 

9 portion of the American Dream Accounts 

10 that are dedicated to participating stu11 dents described in clause (i) who have not 

12 matriculated at an institution of higher 

13 education at the time of the conclusion of 

14 the period of American Dream Account 

15 management described in clause (viii); 

16 (xii) a description of how the eligible 

17 entity will ensure that funds in the college 

18 savings account portion of the American 

19 Dream Accounts will not make families in20 eligible for public assistance; and 

21 (xiii) a description of how the eligible 

22 entity will ensure that participating stu23 dents described in clause (i) will have ac24 cess to the Internet; 


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1 (C) PRIORITY.—In awarding grants under 

2 this subsection, the Secretary of Education 

3 shall give priority to applications from eligible 

4 entities that— 

5 (i) are described in paragraph 

6 (1)(E)(vii); 

7 (ii) serve the largest number of low-in8 come students; 

9 (iii) emphasize preparing students to 

10 pursue careers in science, technology, engi11 neering, or mathematics; or 

12 (iv) in the case of an eligible entity 

13 described in clause (i) or (ii) of paragraph 

14 (1)(E), provide opportunities for partici15 pating students described in clause (i) to 

16 participate in a dual enrollment program 

17 at no cost to the student. 

18 (4) AUTHORIZED ACTIVITIES.— 

19 (A) IN GENERAL.—An eligible entity that 

20 receives a grant under this subsection shall use 

21 such grant funds to establish an American 

22 Dream Account for each participating student 

23 described in paragraph (3)(B)(i), which will be 

24 used to— 


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1 (i) open a college savings account for 

2 such student; 

3 (ii) monitor the progress of such stu4 dent online, which— 

5 (I) shall include monitoring stu6 dent data relating to— 

7 (aa) grades and course se8 lections; 

9 (bb) progress reports; and 

10 (cc) attendance and discipli11 nary records; and 

12 (II) may also include monitoring 

13 student data relating to a broad range 

14 of information, provided by teachers 

15 and family members, related to post16 secondary education readiness, access, 

17 and completion; 

18 (iii) provide opportunities for such 

19 students, either online or in person, to 

20 learn about financial literacy, including 

21 by— 

22 (I) assisting such students in fi23 nancial planning for enrollment in an 

24 institution of higher education; and 


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1 (II) assisting such students in 

2 identifying and applying for financial 

3 aid (such as loans, grants, and schol4 arships) for an institution of higher 

5 education; 

6 (iv) provide opportunities for such 

7 students, either online or in person, to 

8 learn about preparing for enrollment in an 

9 institution of higher education, including 

10 by providing instruction to students 

11 about— 

12 (I) choosing the appropriate 

13 courses to prepare for postsecondary 

14 education; 

15 (II) applying to an institution of 

16 higher education; 

17 (III) building a student portfolio, 

18 which may be used when applying to 

19 an institution of higher education; 

20 (IV) selecting an institution of 

21 higher education; 

22 (V) choosing a major for the stu23 dent’s postsecondary program of edu24 cation or a career path, including spe25 cific instruction on pursuing science, 


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1 technology, engineering, and mathe2 matics majors; and 

3 (VI) adapting to life at an insti4 tution of higher education; and 

5 (v) provide opportunities for such stu6 dents, either online or in person, to iden7 tify skills or interests, including career in8 terests. 

9 (B) ACCESS TO AMERICAN DREAM AC10 COUNT.— 

11 (i) IN GENERAL.—Subject to clause 

12 (iii) and (iv), and in accordance with appli13 cable Federal laws and regulations relating 

14 to privacy of information and the privacy 

15 of children, an eligible entity that receives 

16 a grant under this subsection shall allow 

17 vested stakeholders described in clause (ii), 

18 to have secure access, through the Inter19 net, to an American Dream Account. 

20 (ii) VESTED STAKEHOLDERS.—The 

21 vested stakeholders that an eligible entity 

22 shall permit to access an American Dream 

23 Account are individuals (such as the stu24 dent’s teachers, school counselors, coun25 selors at an institution of higher education, 


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1 school administrators, or other individuals) 

2 that are designated, in accordance with the 

3 Family Educational Rights and Privacy 

4 Act of 1974 (20 U.S.C. 1232g), by the 

5 parent of a participating student in whose 

6 name such American Dream Account is 

7 held, as having permission to access the 

8 account. A student’s parent may withdraw 

9 such designation from an individual at any 

10 time. 

11 (iii) EXCEPTION FOR COLLEGE SAV12 INGS ACCOUNT.—An eligible entity that re13 ceives a grant under this subsection shall 

14 not be required to give vested stakeholders 

15 described in clause (ii), access to the col16 lege savings account portion of a student’s 

17 American Dream Account. 

18 (iv) ADULT STUDENTS.—Notwith19 standing clause (i) through (iii), if a par20 ticipating student is age 18 or older, an el21 igible entity that receives a grant under 

22 this subsection shall not provide access to 

23 such participating student’s American 

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1 cational Rights and Privacy Act of 1974 

2 (20 U.S.C. 1232g). 

3 (v) INPUT OF STUDENT INFORMA4 TION.—Student data collected pursuant to 

5 subparagraph (A)(ii)(I) may only be en6 tered into an American Dream Account by 

7 a school administrator or such administra8 tor’s designee. 

9 (C) PROHIBITION ON USE OF STUDENT IN10 FORMATION.—An eligible entity that receives a 

11 grant under this subsection may not use any 

12 student-level information or data for the pur13 pose of soliciting, advertising, or marketing any 

14 financial or nonfinancial consumer product or 

15 service that is offered by such eligible entity, or 

16 on behalf of any other person. 

17 (D) LIMITATION ON THE USE OF GRANT

18 FUNDS.—An eligible entity shall not use more 

19 than 25 percent of the grant funds provided 

20 under this subsection to provide the initial de21 posit into a college savings account portion of 

22 a student’s American Dream Account. 

23 (5) REPORTS AND EVALUATIONS.— 

24 (A) IN GENERAL.—Not later than 1 year 

25 after the Secretary of Education has disbursed 


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1 grants under this subsection, and annually 

2 thereafter, the Secretary of Education shall pre3 pare and submit a report to the appropriate 

4 committees of Congress that includes an evalua5 tion of the effectiveness of the grant program 

6 established under this subsection. 

7 (B) CONTENTS.—The report described in 

8 subparagraph (A) shall— 

9 (i) list the grants that have been 

10 awarded under paragraph (2)(A); 

11 (ii) include the number of students 

12 who have an American Dream Account es13 tablished through a grant awarded under 

14 paragraph (2)(A); 

15 (iii) provide data (including the inter16 est accrued on college savings accounts 

17 that are part of an American Dream Ac18 count) in the aggregate, regarding stu19 dents who have an American Dream Ac20 count established through a grant awarded 

21 under paragraph (2)(A), as compared to 

22 similarly situated students who do not have 

23 an American Dream Account; 


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1 (iv) identify best practices developed 

2 by the eligible entities receiving grants 

3 under this subsection; 

4 (v) identify any issues related to stu5 dent privacy and stakeholder accessibility 

6 to American Dream Accounts; 

7 (vi) provide feedback from partici8 pating students and the parents of such 

9 students about the grant program, includ10 ing— 

11 (I) the impact of the program; 

12 (II) aspects of the program that 

13 are successful; 

14 (III) aspects of the program that 

15 are not successful; and 

16 (IV) any other data required by 

17 the Secretary of Education; and 

18 (vii) provide recommendations for ex19 panding the American Dream Accounts 

20 program. 

21 (6) ELIGIBILITY TO RECEIVE FEDERAL STU22 DENT FINANCIAL AID.—Notwithstanding any other 

23 provision of law, any funds that are in the college 

24 savings account portion of a student’s American 

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1 bility to receive Federal student financial aid, includ2 ing any Federal student financial aid under the 

3 Higher Education Act of 1965 (20 U.S.C. 1001), 

4 and shall not be considered in determining the 

5 amount of any such Federal student aid. 

6 (f) CONFORMING AMENDMENT.—Section 480(j) of 

7 the Higher Education Act of 1965 (20 U.S.C. 1087vv(j)) 

8 is amended by adding at the end the following: 

9 ‘‘(5) Notwithstanding paragraph (1), amounts 

10 made available under the college savings account 

11 portion of an American Dream Account under sec12 tion 4105(e)(4) of the Illegal Immigration Reform 

13 and Immigrant Responsibility Act of 1996 shall not 

14 be treated as estimated financial assistance for pur15 poses of section 471(3).’’. 

16 SEC. 4105. H–1B AND L VISA FEES. 

17 Section 281 (8 U.S.C. 1351) is amended— 

18 (1) by striking ‘‘The fees’’ and inserting the fol19 lowing: 

20 ‘‘(a) IN GENERAL.—The fees’’; 

21 (2) by striking ‘‘: Provided, That nonimmigrant 

22 visas’’ and inserting the following: ‘‘. 

23 ‘‘(b) UNITED NATIONS VISITORS.—Nonimmigrant 

24 visas’’; 


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1 (3) by striking ‘‘Subject to’’ and inserting the 

2 following: 

3 ‘‘(c) FEE WAIVERS OR REDUCTIONS.—Subject to’’; 

4 and 

5 (4) by adding at the end the following: 

6 ‘‘(d) H–1B AND L VISA FEES.—In addition to the 

7 fees authorized under subsection (a), the Secretary of 

8 Homeland Security shall collect, from each employer (ex9 cept for nonprofit research institutions and nonprofit edu10 cational institutions) filing a petition to hire non11 immigrants described in subparagraph (H)(i)(B) or (L) 

12 of section 101(a)(15), a fee in an amount equal to— 

13 ‘‘(1) $1,250 for each such petition filed by any 

14 employer with not more than 25 full-time equivalent 

15 employees in the United States; and 

16 ‘‘(2) $2,500 for each such petition filed by any 

17 employer with more than 25 such employees.’’. 

18 Subtitle B—H–1B Visa Fraud and 

19 Abuse Protections 

20 CHAPTER 1—H–1B EMPLOYER 

21 APPLICATION REQUIREMENTS 

22 SEC. 4211. MODIFICATION OF APPLICATION REQUIRE23 MENTS. 

24 (a) GENERAL APPLICATION REQUIREMENTS.— 


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1 (1) WAGE RATES.—Section 212(n)(1)(A) (8 

2 U.S.C. 1182(n)(1)(A)) is amended— 

3 (A) in clause (i)— 

4 (i) in the matter preceding subclause 

5 (I), by inserting ‘‘if the employer is not an 

6 H–1B-dependent employer,’’ before ‘‘is of7 fering’’; 

8 (ii) in subclause (I), by striking 

9 ‘‘question, or’’ and inserting ‘‘question; 

10 or’’; 

11 (iii) in subclause (II), by striking 

12 ‘‘employment,’’ and inserting ‘‘employ13 ment;’’ and 

14 (iv) in the undesignated material fol15 lowing subclause (II), by striking ‘‘applica16 tion, and’’ and inserting ‘‘application;’’; 

17 and 

18 (B) by striking clause (ii) and inserting the 

19 following: 

20 ‘‘(ii) if the employer is an H–1B-dependent 

21 employer, is offering and will offer to H–1B 

22 nonimmigrants, during the period of authorized 

23 employment for each H–1B nonimmigrant, 

24 wages that are not less than the level 2 wages 

25 set out in subsection (p); and 


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1 ‘‘(iii) will provide working conditions for 

2 H–1B nonimmigrants that will not adversely af3 fect the working conditions of other workers 

4 similarly employed.’’. 

5 (2) STRENGTHENING THE PREVAILING WAGE

6 SYSTEM.—Section 212(p) (8 U.S.C. 1182(p)) is 

7 amended to read as follows: 

8 ‘‘(p) COMPUTATION OF PREVAILING WAGE LEVEL.— 

9 ‘‘(1) IN GENERAL.— 

10 ‘‘(A) SURVEYS.—For employers of non11 immigrants admitted pursuant to section 

12 101(a)(15)(H)(i)(b), the Secretary of Labor 

13 shall make available to employers a govern14 mental survey to determine the prevailing wage 

15 for each occupational classification by metro16 politan statistical area in the United States. 

17 Such survey, or other survey approved by the 

18 Secretary of Labor, shall provide 3 levels of 

19 wages commensurate with experience, edu20 cation, and level of supervision. Such wage lev21 els shall be determined as follows: 

22 ‘‘(i) The first level shall be the mean 

23 of the lowest two-thirds of wages surveyed, 

24 but in no case less than 80 percent of the 

25 mean of the wages surveyed. 


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1 ‘‘(ii) The second level shall be the 

2 mean of wages surveyed. 

3 ‘‘(iii) The third level shall be the 

4 mean of the highest two-thirds of wages 

5 surveyed. 

6 ‘‘(B) EDUCATIONAL, NONPROFIT, RE7 SEARCH, AND GOVERNMENTAL ENTITIES.—In 

8 computing the prevailing wage level for an occu9 pational classification in an area of employment 

10 for purposes of section 203(b)(1)(D) and sub11 sections (a)(5)(A), (n)(1)(A)(i)(II), and 

12 (t)(1)(A)(i)(II) of this section in the case of an 

13 employee of— 

14 ‘‘(i) an institution of higher education, 

15 or a related or affiliated nonprofit entity; 

16 or 

17 ‘‘(ii) a nonprofit research organization 

18 or a governmental research organization; 

19 the prevailing wage level shall only take into ac20 count employees at such institutions and orga21 nizations in the area of employment. 

22 ‘‘(2) PAYMENT OF PREVAILING WAGE.—The 

23 prevailing wage level required to be paid pursuant to 

24 section 203(b)(1)(D) and subsections (a)(5)(A), 

25 (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) of this section 


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1 shall be 100 percent of the wage level determined 

2 pursuant to those sections. 

3 ‘‘(3) PROFESSIONAL ATHLETE.—With respect 

4 to a professional athlete (as defined in subsection 

5 (a)(5)(A)(iii)(II)) when the job opportunity is cov6 ered by professional sports league rules or regula7 tions, the wage set forth in those rules or regula8 tions shall be considered as not adversely affecting 

9 the wages of United States workers similarly em10 ployed and shall be considered the prevailing wage. 

11 ‘‘(4) WAGES FOR H–2B EMPLOYEES.— 

12 ‘‘(A) IN GENERAL.—The wages paid to H– 

13 2B nonimmigrants employed by the employer 

14 will be the greater of— 

15 ‘‘(i) the actual wage level paid by the 

16 employer to other employees with similar 

17 experience and qualifications for such posi18 tion; or 

19 ‘‘(ii) the prevailing wage level for the 

20 occupational classification of the position 

21 in the geographic area of the employment, 

22 based on the best information available as 

23 of the time of filing the application. 

24 ‘‘(B) BEST INFORMATION AVAILABLE.—In 

25 subparagraph (A), the term ‘best information 


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1 available’, with respect to determining the pre2 vailing wage for a position, means— 

3 ‘‘(i) a controlling collective bargaining 

4 agreement or Federal contract wage, if ap5 plicable; 

6 ‘‘(ii) if there is no applicable wage 

7 under clause (i), the wage level commensu8 rate with the experience, training, and su9 pervision required for the job based on Bu10 reau of Labor Statistics data; or 

11 ‘‘(iii) if the data referred to in clause 

12 (ii) is not available, a legitimate and recent 

13 private survey of the wages paid for such 

14 positions in the metropolitan statistical 

15 area.’’. 

16 (3) WAGES FOR EDUCATIONAL, NONPROFIT, 

17 RESEARCH, AND GOVERNMENTAL ENTITIES.—Sec18 tion 212 (8 U.S.C. 1182), as amended by sections 

19 2312 and 2313, is further amended by adding at the 

20 end the following: 

21 ‘‘(x) DETERMINATION OF PREVAILING WAGE.—In 

22 the case of a nonprofit institution of higher education (as 

23 defined in section 101(a) of the Higher Education Act of 

24 1965 (20 U.S.C. 1001(a))), a related or affiliated non25 profit entity, a nonprofit research organization, or a govVerDate Mar 15 2010 02:25 Oct 04, 2013 Jkt 039200 PO 00000 Frm 00881 Fmt 6652 Sfmt 6201 E:\BILLS\H15.IH H15

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1 ernmental research organization, the Secretary of Labor 

2 shall determine such wage levels as follows: 

3 ‘‘(1) If the Secretary of Labor uses, or makes 

4 available to employers, a governmental survey to de5 termine the prevailing wage, such survey shall pro6 vide at least 4 levels of wages commensurate with 

7 experience, education, and the level of supervision. 

8 ‘‘(2) If an existing government survey has only 

9 2 levels, 2 intermediate levels may be created by di10 viding by 3, the difference between the 2 levels of11 fered, adding the quotient thus obtained to the first 

12 level and subtracting that quotient from the second 

13 level. 

14 ‘‘(3) For institutions of higher education, only 

15 teaching positions and research positions may be 

16 paid using this special educational wage level. 

17 ‘‘(4) In computing the prevailing wage level for 

18 an occupational classification in an area of employ19 ment for purposes of subsections (a)(5)(A), 

20 (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) and section 

21 203(b)(1)(D) for an employee of an institution of 

22 higher education, or a related or affiliated nonprofit 

23 entity or a nonprofit research organization or a gov24 ernmental research organization, the prevailing wage 

25 level shall only take into account employees at such 


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1 institutions and organizations in the area of employ2 ment.’’. 

3 (b) INTERNET POSTING REQUIREMENT.—Section 

4 212(n)(1)(C) (8 U.S.C. 1182(n)(1)(C)) is amended— 

5 (1) by redesignating clause (ii) as subclause 

6 (II); 

7 (2) by striking ‘‘(i) has provided’’ and inserting 

8 the following: 

9 ‘‘(ii)(I) has provided’’; 

10 (3) by striking ‘‘sought, or’’ and inserting 

11 ‘‘sought; or’’; and 

12 (4) by inserting before clause (ii), as redesig13 nated by paragraph (2), the following: 

14 ‘‘(i) has advertised on the Internet website 

15 maintained by the Secretary of Labor for the 

16 purpose of such advertising, for at least 30 cal17 endar days, a detailed description of each posi18 tion for which a nonimmigrant is sought that 

19 includes a description of— 

20 ‘‘(I) the wage ranges and other terms 

21 and conditions of employment; 

22 ‘‘(II) the minimum education, train23 ing, experience, and other requirements for 

24 the position; 


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1 ‘‘(III) the process for applying for the 

2 position; 

3 ‘‘(IV) the title and description of the 

4 position, including the location where the 

5 work will be performed; and 

6 ‘‘(V) the name, city, and zip code of 

7 the employer; and’’. 

8 (c) APPLICATION OF REQUIREMENTS TO ALL EM9 PLOYERS.— 

10 (1) NONDISPLACEMENT.—Section 212(n)(1)(E) 

11 (8 U.S.C. 1182(n)(1)(E)) is amended to read as fol12 lows: 

13 ‘‘(E)(i)(I) In the case of an application filed by 

14 an employer that is an H–1B skilled worker depend15 ent employer, and is not an H–1B dependent em16 ployer, the employer did not displace and will not 

17 displace a United States worker employed by the 

18 employer during the period beginning 90 days before 

19 the date on which a visa petition supported by the 

20 application is filed and ending 90 days after such fil21 ing. 

22 ‘‘(II) An employer that is not an H–1B skilled 

23 worker dependent employer shall not be subject to 

24 subclause (I) unless— 


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1 ‘‘(aa) the employer is filing the H–1B peti2 tion with the intent or purpose of displacing a 

3 specific United States worker from the position 

4 to be occupied by the beneficiary of the petition; 

5 or 

6 ‘‘(bb) workers are displaced who— 

7 ‘‘(AA) provide services, in whole or in 

8 part, at 1 or more worksites owned, oper9 ated, or controlled by a Federal, State, or 

10 local government entity, other than a pub11 lic institution of higher education, that di12 rects and controls the work of the H–1B 

13 worker; or 

14 ‘‘(BB) are employed as public school 

15 kindergarten, elementary, middle school, or 

16 secondary school teachers. 

17 ‘‘(ii)(I) In the case of an application filed by an 

18 H–1B-dependent employer, the employer did not dis19 place and will not displace a United States worker 

20 employed by the employer within the period begin21 ning 180 days before the date on which a visa peti22 tion supported by the application is filed and ending 

23 180 days after such filing. 

24 ‘‘(II) An application described in this clause is 

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1 tions are first promulgated to carry out this sub2 paragraph, and before by an H–1B-dependent em3 ployer (as defined in paragraph (3)) or by an em4 ployer that has been found, on or after the date of 

5 the enactment of the American Competitiveness and 

6 Workforce Improvement Act of 1998, under para7 graph (2)(C) or (5) to have committed a willful fail8 ure or misrepresentation during the 5-year period 

9 preceding the filing of the application. 

10 ‘‘(iii) In this subparagraph, the term ‘job zone’ 

11 means a zone assigned to an occupation by— 

12 ‘‘(I) the Occupational Information Network 

13 Database (O*NET) on the date of the enact14 ment of this Act; or 

15 ‘‘(II) such database or a similar successor 

16 database, as designated by the Secretary of 

17 Labor, after the date of the enactment of Bor18 der Security, Economic Opportunity, and Immi19 gration Modernization Act.’’. 

20 (2) RECRUITMENT.—Section 212(n)(1)(G) (8 

21 U.S.C. 1182(n)(1)(G)) is amended to read as fol22 lows: 

23 ‘‘(G) An employer, prior to filing the applica24 tion— 


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1 ‘‘(i) has taken good faith steps to recruit 

2 United States workers for the occupational clas3 sification for which the nonimmigrant or non4 immigrants is or are sought, using procedures 

5 that meet industry-wide standards and offering 

6 compensation that is at least as great as that 

7 required to be offered to H–1B nonimmigrants 

8 under subparagraph (A); 

9 ‘‘(ii) has advertised the job on an Internet 

10 website maintained by the Secretary of Labor 

11 for the purpose of such advertising; and 

12 ‘‘(iii) if the employer is an H–1B skilled 

13 worker dependent employer, has offered the job 

14 to any United States worker who applies and is 

15 equally or better qualified for the job for which 

16 the nonimmigrant or nonimmigrants is or are 

17 sought.’’. 

18 (d) OUTPLACEMENT.—Section 212(n)(1)(F) (8 

19 U.S.C. 1182(n)(1)(F)) is amended to read as follows: 

20 ‘‘(F)(i) An H–1B-dependent employer may 

21 not place, outsource, lease, or otherwise con22 tract for the services or placement of an H–1B 

23 nonimmigrant employee. 

24 ‘‘(ii) An employer that is not an H–1B-de25 pendent employer and not described in paraVerDate Mar 15 2010 02:25 Oct 04, 2013 Jkt 039200 PO 00000 Frm 00887 Fmt 6652 Sfmt 6201 E:\BILLS\H15.IH H15

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1 graph (3)(A)(i) may not place, outsource, lease, 

2 or otherwise contract for the services or place3 ment of an H–1B nonimmigrant employee un4 less the employer pays a fee of $500 per 

5 outplaced worker. 

6 ‘‘(iii) A fee collected under clause (ii) shall 

7 be deposited in the Comprehensive Immigration 

8 Reform Trust Fund established under section 9 

9 of the Border Security, Economic Opportunity, 

10 and Immigration Modernization Act. 

11 ‘‘(iv) An H–1B dependent employer shall 

12 be exempt from the prohibition on outplacement 

13 under clause (i) if the employer is a nonprofit 

14 institution of higher education, a nonprofit re15 search organization, or primarily a health care 

16 business and is petitioning for a physician, a 

17 nurse, or a physical therapist or a substantially 

18 equivalent health care occupation. Such em19 ployer shall be subject to the fee set forth in 

20 clause (ii).’’. 

21 (e) H–1B-DEPENDENT EMPLOYER DEFINED.—Sec22 tion 212(n)(3) (8 U.S.C. 1182(n)(3)) is amended to read 

23 as follows: 


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1 ‘‘(3)(A) The term ‘H–1B-dependent employer’ means 

2 an employer (other than nonprofit education and research 

3 institutions) that— 

4 ‘‘(i) in the case of an employer that has 25 or 

5 fewer full-time equivalent employees who are em6 ployed in the United States, employs more than 7 

7 H–1B nonimmigrants; 

8 ‘‘(ii) in the case of an employer that has at 

9 least 26 but not more than 50 full-time equivalent 

10 employees who are employed in the United States, 

11 employs more than 12 H–1B nonimmigrants; or 

12 ‘‘(iii) in the case of an employer that has at 

13 least 51 full-time equivalent employees who are em14 ployed in the United States, employs H–1B non15 immigrants in a number that is equal to at least 15 

16 percent of the number of such full-time equivalent 

17 employees. 

18 ‘‘(B) In determining the number of employees who 

19 are H–1B nonimmigrants under subparagraph (A)(ii), an 

20 intending immigrant employee shall not count toward such 

21 number.’’. 

22 (f) H–1B SKILLED WORKER DEPENDENT DE23 FINED.—Section 212(n)(3) (8 U.S.C. 1182(n)(3)) is 

24 amended— 


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1 (1) by redesignating subparagraph (B) as sub2 paragraph (D); and 

3 (2) by inserting after subparagraph (A) the fol4 lowing: 

5 ‘‘(B)(i) For purposes of this subsection, an ‘H–1B 

6 skilled worker dependent employer’ means an employer 

7 (other than nonprofit education and research institutions) 

8 that employs H–1B nonimmigrants in the United States 

9 in a number that in total is equal to at least 15 percent 

10 of the number of its full-time equivalent employees in the 

11 United States employed in occupations contained within 

12 Occupational Information Network Database (O*NET) 

13 Job Zone 4 and Job Zone 5. 

14 ‘‘(ii) An H–1B nonimmigrant who is an intending im15 migrant shall be counted as a United States worker in 

16 making a determination under clause (i).’’. 

17 (g) INTENDING IMMIGRANTS DEFINED.—Section 

18 101(a) (8 U.S.C. 1101(a)), as amended by section 

19 3504(a), is further amended by adding at the end the fol20 lowing: 

21 ‘‘(54)(A) The term ‘intending immigrant’ 

22 means, with respect to the number of aliens em23 ployed by an employer, an alien who intends to work 

24 and reside permanently in the United States, as evi25 denced by— 


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1 ‘‘(i) a pending or approved application for 

2 a labor certification filed for such alien by a 

3 covered employer; or 

4 ‘‘(ii) a pending or approved immigrant sta5 tus petition filed for such alien by a covered 

6 employer. 

7 ‘‘(B) In this paragraph: 

8 ‘‘(i) The term ‘covered employer’ means an 

9 employer that has filed immigrant status peti10 tions for not less than 90 percent of current 

11 employees who were the beneficiaries of applica12 tions for labor certification that were approved 

13 during the 1-year period ending 6 months be14 fore the filing of an application or petition for 

15 which the number of intending immigrants is 

16 relevant. 

17 ‘‘(ii) The term ‘immigrant status petition’ 

18 means a petition filed under paragraph (1), (2), 

19 or (3) of section 203(b). 

20 ‘‘(iii) The term ‘labor certification’ means 

21 an employment certification under section 

22 212(a)(5)(A). 

23 ‘‘(C) Notwithstanding any other provision of 

24 law— 


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1 ‘‘(i) for all calculations under this Act, of 

2 the number of aliens admitted pursuant to sub3 paragraph (H)(i)(b) or (L) of paragraph (15), 

4 an intending immigrant shall be counted as an 

5 alien lawfully admitted for permanent residence 

6 and shall not be counted as an employee admit7 ted pursuant to such a subparagraph; and 

8 ‘‘(ii) for all determinations of the number 

9 of employees or United States workers em10 ployed by an employer, all of the employees in 

11 any group treated as a single employer under 

12 subsection (b), (c), (m), or (o) of section 414 of 

13 the Internal Revenue Code of 1986 shall be 

14 counted.’’. 

15 SEC. 4212. REQUIREMENTS FOR ADMISSION OF NON16 IMMIGRANT NURSES IN HEALTH PROFES17 SIONAL SHORTAGE AREAS. 

18 (a) EXTENSION OF PERIOD OF AUTHORIZED ADMIS19 SION.—Section 212(m)(3) (8 U.S.C. 1182(m)(3)) is 

20 amended to read as follows: 

21 ‘‘(3) The initial period of authorized admission as a 

22 nonimmigrant under section 101(a)(15)(H)(i)(c) shall be 

23 3 years, and may be extended once for an additional 3- 

24 year period.’’. 


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1 (b) NUMBER OF VISAS.—Section 212(m)(4) (8 

2 U.S.C. 1182(m)(4)) is amended by striking ‘‘500.’’ and 

3 inserting ‘‘300.’’. 

4 (c) PORTABILITY.—Section 214(n) (8 U.S.C. 

5 1184(n)), as amended by section 4103(b), is further 

6 amended by adding at the end the following: 

7 ‘‘(4)(A) A nonimmigrant alien described in subpara8 graph (B) who was previously issued a visa or otherwise 

9 provided nonimmigrant status under section 

10 101(a)(15)(H)(i)(c) is authorized to accept new employ11 ment performing services as a registered nurse for a facil12 ity described in section 212(m)(6) upon the filing by the 

13 prospective employer of a new petition on behalf of such 

14 nonimmigrant as provided under subsection (c). Employ15 ment authorization shall continue for such alien until the 

16 new petition is adjudicated. If the new petition is denied, 

17 such authorization shall cease. 

18 ‘‘(B) A nonimmigrant alien described in this para19 graph is a nonimmigrant alien— 

20 ‘‘(i) who has been lawfully admitted into the 

21 United States; 

22 ‘‘(ii) on whose behalf an employer has filed a 

23 nonfrivolous petition for new employment before the 

24 date of expiration of the period of stay authorized by 

25 the Secretary of Homeland Security, except that, if 


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1 a nonimmigrant described in section 

2 101(a)(15)(H)(i)(c) is terminated or laid off by the 

3 nonimmigrant’s employer, or otherwise ceases em4 ployment with the employer, such petition for new 

5 employment shall be filed during the 60-day period 

6 beginning on the date of such termination, lay off, 

7 or cessation; and 

8 ‘‘(iii) who, subsequent to such lawful admission, 

9 has not been employed without authorization in the 

10 United States before the filing of such petition.’’. 

11 (d) APPLICABILITY.— 

12 (1) IN GENERAL.—Beginning on the commence13 ment date described in paragraph (2), the amend14 ments made by section 2 of the Nursing Relief for 

15 Disadvantaged Areas Act of 1999 (Public Law 106– 

16 95; 113 Stat. 1313), and the amendments made by 

17 this section, shall apply to classification petitions 

18 filed for nonimmigrant status. This period shall be 

19 in addition to the period described in section 2(e) of 

20 the Nursing Relief for Disadvantaged Areas Act of 

21 1999 (8 U.S.C. 1182 note). 

22 (2) COMMENCEMENT DATE.—Not later than 60 

23 days after the date of the enactment of this Act, the 

24 Secretary shall determine whether regulations are 

25 necessary to implement the amendments made by 


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1 this section. If the Secretary determines that no 

2 such regulations are necessary, the commencement 

3 date described in this paragraph shall be the date of 

4 such determination. If the Secretary determines that 

5 regulations are necessary to implement any amend6 ment made by this section, the commencement date 

7 described in this paragraph shall be the date on 

8 which such regulations (in final form) take effect. 

9 SEC. 4213. NEW APPLICATION REQUIREMENTS. 

10 Section 212(n)(1) (8 U.S.C. 1182(n)(1)) is amended 

11 by inserting after clause (iii) of subparagraph (G), as 

12 amended by section 4211(c)(2), the following: 

13 ‘‘(H)(i) The employer has not advertised any 

14 available position specified in the application in an 

15 advertisement that states or indicates that— 

16 ‘‘(I) such position is only available to an 

17 individual who is or will be an H–1B non18 immigrant or an alien participating in optional 

19 practical training pursuant to section 

20 101(a)(15)(F)(i); or 

21 ‘‘(II) an individual who is or will be an H– 

22 1B nonimmigrant or participant in such op23 tional practical training shall receive priority or 

24 a preference in the hiring process for such posi25 tion. 


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1 ‘‘(ii) The employer has not solely recruited indi2 viduals who are or who will be H–1B nonimmigrants 

3 or participants in optional practical training pursu4 ant to section 101(a)(15)(F)(i) to fill such position. 

5 ‘‘(I)(i) If the employer (other than an edu6 cational or research employer) employs 50 or more 

7 employees in the United States, the sum of the num8 ber of such employees who are H–1B nonimmigrants 

9 plus the number of such employees who are non10 immigrants described in section 101(a)(15)(L) may 

11 not exceed— 

12 ‘‘(I) 75 percent of the total number of em13 ployees, for fiscal year 2015; 

14 ‘‘(II) 65 percent of the total number of 

15 employees, for fiscal year 2016; and 

16 ‘‘(III) 50 percent of the total number of 

17 employees, for each fiscal year after fiscal year 

18 2016. 

19 ‘‘(ii) In this subparagraph: 

20 ‘‘(I) The term ‘educational or research em21 ployer’ means an employer that is a nonprofit 

22 institution of higher education or a nonprofit 

23 research organization described in section 

24 501(c)(3) of the Internal Revenue Code of 1986 


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1 and exempt from taxation under 501(a) of that 

2 Code. 

3 ‘‘(II) The term ‘H–1B nonimmigrant’ 

4 means an alien admitted as a nonimmigrant 

5 pursuant to section 101(a)(15)(H)(i)(b). 

6 ‘‘(III) The term ‘L nonimmigrant’ means 

7 an alien admitted as a nonimmigrant pursuant 

8 to section 101(a)(15)(L) to provide services to 

9 his or her employer involving specialized knowl10 edge. 

11 ‘‘(iii) In determining the percentage of employ12 ees of an employer that are H–1B nonimmigrants or 

13 L nonimmigrants under clause (i), an intending im14 migrant employee shall not count toward such per15 centage. 

16 ‘‘(J) The employer shall submit to the Sec17 retary of Homeland Security an annual report that 

18 includes the Internal Revenue Service Form W–2 

19 Wage and Tax Statement filed by the employer for 

20 each H–1B nonimmigrant employed by the employer 

21 during the previous year.’’. 

22 SEC. 4214. APPLICATION REVIEW REQUIREMENTS. 

23 (a) TECHNICAL AMENDMENT.—Section 212(n)(1) (8 

24 U.S.C. 1182(n)(1)), as amended by section 4213, is furVerDate Mar 15 2010 02:25 Oct 04, 2013 Jkt 039200 PO 00000 Frm 00897 Fmt 6652 Sfmt 6201 E:\BILLS\H15.IH H15

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1 ther amended in the undesignated paragraph at the end, 

2 by striking ‘‘The employer’’ and inserting the following: 

3 ‘‘(K) The employer’’. 

4 (b) APPLICATION REVIEW REQUIREMENTS.—Sub5 paragraph (K) of such section 212(n)(1), as designated 

6 by subsection (a), is amended— 

7 (1) by inserting ‘‘and through the Department 

8 of Labor’s website, without charge.’’ after ‘‘D.C.’’; 

9 (2) by striking ‘‘only for completeness’’ and in10 serting ‘‘for completeness and evidence of fraud or 

11 misrepresentation of material fact,’’; 

12 (3) by striking ‘‘or obviously inaccurate’’ and 

13 inserting ‘‘, presents evidence of fraud or misrepre14 sentation of material fact, or is obviously inac15 curate’’; 

16 (4) by striking ‘‘within 7 days of the’’ and in17 serting ‘‘not later than 14 days after’’; and 

18 (5) by adding at the end the following: ‘‘If the 

19 Secretary’s review of an application identifies evi20 dence of fraud or misrepresentation of material fact, 

21 the Secretary may conduct an investigation and 

22 hearing in accordance with paragraph (2).’’. 

23 (c) FILING OF PETITION FOR NONIMMIGRANT

24 WORKER.—Section 212(n)(1) (8 U.S.C. 1182(n)(1)), as 


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1 amended by section 4213, is further amended by adding 

2 at the end the following: 

3 ‘‘(L) An I–129 Petition for Nonimmigrant 

4 Worker (or similar successor form)— 

5 ‘‘(i) may be filed by an employer with the 

6 Secretary of Homeland Security prior to the 

7 date the employer receives an approved certifi8 cation described in section 101(a)(15)(H)(i)(b) 

9 from the Secretary of Labor; and 

10 ‘‘(ii) may not be approved by the Secretary 

11 of Homeland Security until the date such cer12 tification is approved.’’. 

13 CHAPTER 2—INVESTIGATION AND DIS14 POSITION OF COMPLAINTS AGAINST 

15 H–1B EMPLOYERS 

16 SEC. 4221. GENERAL MODIFICATION OF PROCEDURES FOR 

17 INVESTIGATION AND DISPOSITION. 

18 Section 212(n) (8 U.S.C. 1182(n)) is amended— 

19 (1) in paragraph (2)(A)— 

20 (A) by striking ‘‘(A) Subject’’ and insert21 ing ‘‘(A)(i) Subject’’; 

22 (B) by inserting after the first sentence 

23 the following: ‘‘Such process shall include publi24 cizing a dedicated toll-free number and publicly 


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1 available Internet website for the submission of 

2 such complaints.’’; 

3 (C) by striking ‘‘12 months’’ and inserting 

4 ‘‘24 months’’; 

5 (D) by striking the last sentence and in6 serting the following: ‘‘The Secretary shall issue 

7 regulations requiring that employers that em8 ploy H–1B nonimmigrants, other than non9 profit institutions of higher education and non10 profit research organizations, through posting 

11 of notices or other appropriate means, inform 

12 their employees of such toll-free number and 

13 Internet website and of their right to file com14 plaints pursuant to this paragraph.’’; and 

15 (E) by adding at the end the following: 

16 ‘‘(ii)(I) Upon the receipt of such a com17 plaint, the Secretary may initiate an investiga18 tion to determine if such a failure or misrepre19 sentation has occurred. 

20 ‘‘(II) The Secretary may conduct voluntary 

21 surveys of the degree to which employers com22 ply with the requirements of this subsection. 

23 ‘‘(III) The Secretary shall— 

24 ‘‘(aa) conduct annual compliance au25 dits of each employer with more than 100 


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1 employees who work in the United States 

2 if more than 15 percent of such employees 

3 are H–1B nonimmigrants; and 

4 ‘‘(bb) make available to the public an 

5 executive summary or report describing the 

6 general findings of the audits carried out 

7 pursuant to this subclause.’’; and 

8 (2) by adding at the end the following new 

9 paragraph: 

10 ‘‘(6) REPORT REQUIRED.—Not later than 1 

11 year after the date of the enactment of the Border 

12 Security, Economic Opportunity, and Immigration 

13 Modernization Act, and every 5 years thereafter, the 

14 Inspector General of the Department of Labor shall 

15 submit a report regarding the Secretary’s enforce16 ment of the requirements of this section to the Com17 mittee on the Judiciary and the Committee on 

18 Health, Education, Labor, and Pensions of the Sen19 ate and the Committee on the Judiciary and the 

20 Committee on Education and the Workforce of the 

21 House of Representatives.’’. 

22 SEC. 4222. INVESTIGATION, WORKING CONDITIONS, AND 

23 PENALTIES. 

24 Subparagraph (C) of section 212(n)(2) (8 U.S.C. 

25 1182(n)(2)) is amended— 


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1 (1) in clause (i)— 

2 (A) in the matter preceding subclause 

3 (I)— 

4 (i) by striking ‘‘a condition of para5 graph (1)(B), (1)(E), or (1)(F)’’ and in6 serting ‘‘a condition under subparagraph 

7 (A), (B), (C)(i), (E), (F), (G), (H), (I), or 

8 (J) of paragraph (1)’’; and 

9 (ii) by striking ‘‘(1)(C)’’ and inserting 

10 ‘‘(1)(C)(ii)’’; 

11 (B) in subclause (I)— 

12 (i) by striking ‘‘$1,000’’ and inserting 

13 ‘‘$2,000’’; and 

14 (ii) by striking ‘‘and’’ at the end; 

15 (C) in subclause (II), by striking the pe16 riod at the end and inserting a semicolon and 

17 ‘‘and’’; and 

18 (D) by adding at the end the following: 

19 ‘‘(III) an employer that violates such subpara20 graph (A) shall be liable to any employee harmed by 

21 such violations for lost wages and benefits.’’; and 

22 (2) in clause (ii)— 

23 (A) in subclause (I)— 

24 (i) by striking ‘‘may’’ and inserting 

25 ‘‘shall’’; and 


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1 (ii) by striking ‘‘$5,000’’ and insert2 ing ‘‘$10,000’’; 

3 (B) in subclause (II), by striking the pe4 riod at the end and inserting a semicolon and 

5 ‘‘and’’; and 

6 (C) by adding at the end the following: 

7 ‘‘(III) an employer that violates such subpara8 graph (A) shall be liable to any employee harmed by 

9 such violations for lost wages and benefits.’’; 

10 (3) in clause (iii)— 

11 (A) in the matter preceding subclause (I), 

12 by striking ‘‘90 days’’ both places it appears 

13 and inserting ‘‘180 days’’; 

14 (B) in subclause (I)— 

15 (i) by striking ‘‘may’’ and inserting 

16 ‘‘shall’’; and 

17 (ii) by striking ‘‘and’’ at the end; 

18 (C) in subclause (II), by striking the pe19 riod at the end and inserting a semicolon and 

20 ‘‘and’’; and 

21 (D) by adding at the end the following: 

22 ‘‘(III) an employer that violates subparagraph 

23 (A) of such paragraph shall be liable to any em24 ployee harmed by such violations for lost wages and 

25 benefits.’’; 


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1 (4) in clause (iv)— 

2 (A) by inserting ‘‘to take, or threaten to 

3 take, a personnel action, or’’ before ‘‘to intimi4 date’’; 

5 (B) by inserting ‘‘(I)’’ after ‘‘(iv)’’; and 

6 (C) by adding at the end the following: 

7 ‘‘(II) An employer that violates this clause shall 

8 be liable to any employee harmed by such violation 

9 for lost wages and benefits.’’; and 

10 (5) in clause (vi)— 

11 (A) by amending subclause (I) to read as 

12 follows: 

13 ‘‘(I) It is a violation of this clause for an em14 ployer who has filed an application under this sub15 section— 

16 ‘‘(aa) to require an H–1B nonimmigrant to 

17 pay a penalty for ceasing employment with the 

18 employer prior to a date agreed to by the non19 immigrant and the employer (the Secretary 

20 shall determine whether a required payment is 

21 a penalty, and not liquidated damages, pursu22 ant to relevant State law); and 

23 ‘‘(bb) to fail to offer to an H–1B non24 immigrant, during the nonimmigrant’s period of 

25 authorized employment, on the same basis, and 


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1 in accordance with the same criteria, as the em2 ployer offers to similarly situated United States 

3 workers, benefits and eligibility for benefits, in4 cluding— 

5 ‘‘(AA) the opportunity to participate 

6 in health, life, disability, and other insur7 ance plans; 

8 ‘‘(BB) the opportunity to participate 

9 in retirement and savings plans; and 

10 ‘‘(CC) cash bonuses and noncash com11 pensation, such as stock options (whether 

12 or not based on performance).’’; and 

13 (B) in subclause (III), by striking 

14 ‘‘$1,000’’ and inserting ‘‘$2,000’’. 

15 SEC. 4223. INITIATION OF INVESTIGATIONS. 

16 Subparagraph (G) of section 212(n)(2) (8 U.S.C. 

17 1182(n)(2)) is amended— 

18 (1) in clause (i), by striking ‘‘if the Secretary’’ 

19 and all that follows and inserting ‘‘with regard to 

20 the employer’s compliance with the requirements of 

21 this subsection.’’; 

22 (2) in clause (ii), by striking ‘‘and whose iden23 tity’’ and all that follows through ‘‘failure or fail24 ures.’’ and inserting ‘‘the Secretary of Labor may 


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1 conduct an investigation into the employer’s compli2 ance with the requirements of this subsection.’’; 

3 (3) in clause (iii), by striking the last sentence; 

4 (4) by striking clauses (iv) and (v); 

5 (5) by redesignating clauses (vi), (vii), and (viii) 

6 as clauses (iv), (v), and (vi), respectively; 

7 (6) in clause (iv), as so redesignated, by strik8 ing ‘‘meet a condition described in clause (ii), unless 

9 the Secretary of Labor receives the information not 

10 later than 12 months’’ and inserting ‘‘comply with 

11 the requirements under this subsection, unless the 

12 Secretary of Labor receives the information not later 

13 than 24 months’’; 

14 (7) by amending clause (v), as so redesignated, 

15 to read as follows: 

16 ‘‘(v) The Secretary of Labor shall provide no17 tice to an employer of the intent to conduct an in18 vestigation. The notice shall be provided in such a 

19 manner, and shall contain sufficient detail, to permit 

20 the employer to respond to the allegations before an 

21 investigation is commenced. The Secretary is not re22 quired to comply with this clause if the Secretary de23 termines that such compliance would interfere with 

24 an effort by the Secretary to investigate or secure 

25 compliance by the employer with the requirements of 


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1 this subsection. A determination by the Secretary 

2 under this clause shall not be subject to judicial re3 view.’’; 

4 (8) in clause (vi), as so redesignated, by strik5 ing ‘‘An investigation’’ and all that follows through 

6 ‘‘the determination.’’ and inserting ‘‘If the Secretary 

7 of Labor, after an investigation under clause (i) or 

8 (ii), determines that a reasonable basis exists to 

9 make a finding that the employer has failed to com10 ply with the requirements under this subsection, the 

11 Secretary shall provide interested parties with notice 

12 of such determination and an opportunity for a 

13 hearing in accordance with section 556 of title 5, 

14 United States Code, not later than 120 days after 

15 the date of such determination.’’; and 

16 (9) by adding at the end the following: 

17 ‘‘(vii) If the Secretary of Labor, after a hear18 ing, finds a reasonable basis to believe that the em19 ployer has violated the requirements under this sub20 section, the Secretary shall impose a penalty under 

21 subparagraph (C).’’. 

22 SEC. 4224. INFORMATION SHARING. 

23 Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as amended 

24 by sections 4222 and 4223, is further amended by adding 

25 at the end the following: 


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1 ‘‘(J) The Director of U.S. Citizenship and Immigra2 tion Services shall provide the Secretary of Labor with any 

3 information contained in the materials submitted by em4 ployers of H–1B nonimmigrants as part of the adjudica5 tion process that indicates that the employer is not com6 plying with visa program requirements for H–1B non7 immigrants. The Secretary of Labor may initiate and con8 duct an investigation related to H–1B nonimmigrants and 

9 a hearing under this paragraph after receiving information 

10 of noncompliance under this subparagraph. This subpara11 graph may not be construed to prevent the Secretary of 

12 Labor from taking action related to wage and hour and 

13 workplace safety laws. 

14 ‘‘(K) The Secretary of Labor shall facilitate the post15 ing of the descriptions described in paragraph (1)(C)(i) 

16 on the Internet website of the State labor or workforce 

17 agency for the State in which the position will be primarily 

18 located during the same period as the posting under para19 graph (1)(C)(i).’’. 

20 SEC. 4225. TRANSPARENCY OF HIGH-SKILLED IMMIGRA21 TION PROGRAMS. 

22 Section 416(c) of the American Competitiveness and 

23 Workforce Improvement Act of 1998 (8 U.S.C. 1184 note) 

24 is amended— 


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1 (1) by amending paragraph (2) to read as fol2 lows: 

3 ‘‘(2) ANNUAL H–1B NONIMMIGRANT CHARAC4 TERISTICS REPORT.—The Bureau of Immigration 

5 and Labor Market Research shall submit an annual 

6 report to the Committee on the Judiciary of the 

7 Senate and the Committee on the Judiciary of the 

8 House of Representatives that contains— 

9 ‘‘(A) information on the countries of origin 

10 of, occupations of, educational levels attained 

11 by, and compensation paid to, aliens who were 

12 issued visas or otherwise provided non13 immigrant status under section 

14 101(a)(15)(H)(i)(b) of the Immigration and 

15 Nationality Act (8 U.S.C. 

16 1101(a)(15)(H)(i)(b)) during the previous fiscal 

17 year; 

18 ‘‘(B) a list of all employers who petition 

19 for H–1B visas, the number of such petitions 

20 filed and approved for each such employer, the 

21 occupational classifications for the approved po22 sitions, and the number of H–1B non23 immigrants for whom each such employer files 

24 for adjustment to permanent resident status; 


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1 ‘‘(C) the number of immigrant status peti2 tions filed during the prior year on behalf of H– 

3 1B nonimmigrants; 

4 ‘‘(D) a list of all employers who are H–1B5 dependent employers; 

6 ‘‘(E) a list of all employers who are H–1B 

7 skilled worker dependent employers; 

8 ‘‘(F) a list of all employers for whom more 

9 than 30 percent of their United States work10 force is H–1B or L–1 nonimmigrants; 

11 ‘‘(G) a list of all employers for whom more 

12 than 50 percent of their United States work13 force is H–1B or L–1 nonimmigrants; 

14 ‘‘(H) a gender breakdown by occupation 

15 and by country of H–1B nonimmigrants; 

16 ‘‘(I) a list of all employers who have been 

17 approved to conduct outplacement of H–1B 

18 nonimmigrants; and 

19 ‘‘(J) the number of H–1B nonimmigrants 

20 categorized by their highest level of education 

21 and whether such education was obtained in the 

22 United States or in a foreign country.’’; 

23 (2) by redesignating paragraph (3) as para24 graph (5); 


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1 (3) by inserting after paragraph (2) the fol2 lowing: 

3 ‘‘(3) ANNUAL L–1 NONIMMIGRANT CHARACTER4 ISTICS REPORT.—The Bureau of Immigration and 

5 Labor Market Research shall submit an annual re6 port to the Committee on the Judiciary of the Sen7 ate and the Committee on the Judiciary of the 

8 House of Representatives that contains— 

9 ‘‘(A) information on the countries of origin 

10 of, occupations of, educational levels attained 

11 by, and compensation paid to, aliens who were 

12 issued visas or otherwise provided –non13 immigrant status under section 101(a)(15)(L) 

14 of the Immigration and Nationality Act (8 

15 U.S.C. 1101(a)(15)(L)) during the previous fis16 cal year; 

17 ‘‘(B) a list of all employers who petition 

18 for L–1 visas, the number of such petitions 

19 filed and approved for each such employer, the 

20 occupational classifications for the approved po21 sitions, and the number of L–1 nonimmigrants 

22 for whom each such employer files for adjust23 ment to permanent resident status; 


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1 ‘‘(C) the number of immigrant status peti2 tions filed during the prior year on behalf of L– 

3 1 nonimmigrants; 

4 ‘‘(D) a list of all employers who are L–1 

5 dependent employers; 

6 ‘‘(E) a gender breakdown by occupation 

7 and by country of L–1 nonimmigrants; 

8 ‘‘(F) a list of all employers who have been 

9 approved to conduct outplacement of L–1 non10 immigrants; and 

11 ‘‘(G) the number of L–1 nonimmigrants 

12 categorized by their highest level of education 

13 and whether such education was obtained in the 

14 United States or in a foreign country. 

15 ‘‘(4) ANNUAL EMPLOYER SURVEY.—The Bu16 reau of Immigration and Labor Market Research 

17 shall— 

18 ‘‘(A) conduct an annual survey of employ19 ers hiring foreign nationals under the L–1 visa 

20 program; and 

21 ‘‘(B) shall issue an annual report that— 

22 ‘‘(i) describes the methods employers 

23 are using to meet the requirement of tak24 ing good faith steps to recruit United 

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1 fication for which the nonimmigrants are 

2 sought, using procedures that meet indus3 try-wide standards; 

4 ‘‘(ii) describes the best practices for 

5 recruiting among employers; and 

6 ‘‘(iii) contains recommendations on 

7 which recruiting steps employers can take 

8 to maximize the likelihood of hiring Amer9 ican workers.’’; and 

10 (4) in paragraph (5), as redesignated, by strik11 ing ‘‘paragraph (2)’’ and inserting ‘‘paragraphs (2) 

12 and (3)’’. 

13 CHAPTER 3—OTHER PROTECTIONS 

14 SEC. 4231. POSTING AVAILABLE POSITIONS THROUGH THE 

15 DEPARTMENT OF LABOR. 

16 (a) DEPARTMENT OF LABOR WEBSITE.—Section 

17 212(n) (8 U.S.C. 1182(n)), as amended by section 

18 4221(2), is further amended by adding at the end fol19 lowing: 

20 ‘‘(7)(A) Not later than 90 days after the date of the 

21 enactment of the Border Security, Economic Opportunity, 

22 and Immigration Modernization Act, the Secretary of 

23 Labor shall establish a searchable Internet website for 

24 posting positions as required by paragraph (1)(C). Such 

25 website shall be available to the public without charge. 


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1 ‘‘(B) The Secretary may work with private companies 

2 or nonprofit organizations to develop and operate the 

3 Internet website described in subparagraph (A). 

4 ‘‘(C) The Secretary may promulgate rules, after no5 tice and a period for comment, to carry out the require6 ments of this paragraph.’’. 

7 (b) REQUIREMENT FOR PUBLICATION.—The Sec8 retary of Labor shall submit to Congress and publish in 

9 the Federal Register and other appropriate media a notice 

10 of the date that the Internet website required by para11 graph (6) of section 212(n) of the Immigration and Na12 tionality Act, as amended by subsection (a), will be oper13 ational. 

14 (c) APPLICATION.—The amendments made by sub15 section (a) shall apply to an application filed on or after 

16 the date that is 30 days after the date described in sub17 section (b). 

18 SEC. 4232. REQUIREMENTS FOR INFORMATION FOR H–1B 

19 AND L NONIMMIGRANTS. 

20 (a) IN GENERAL.—Section 214 (8 U.S.C. 1184), as 

21 amended by section 3608, is further amended by adding 

22 at the end the following: 

23 ‘‘(t) REQUIREMENTS FOR INFORMATION FOR H–1B 

24 AND L NONIMMIGRANTS.— 


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1 ‘‘(1) IN GENERAL.—Upon issuing a visa to an 

2 applicant for nonimmigrant status pursuant to sub3 paragraph (H)(i)(b) or (L) of section 101(a)(15) 

4 who is outside the United States, the issuing office 

5 shall provide the applicant with— 

6 ‘‘(A) a brochure outlining the obligations 

7 of the applicant’s employer and the rights of 

8 the applicant with regard to employment under 

9 Federal law, including labor and wage protec10 tions; and 

11 ‘‘(B) the contact information for appro12 priate Federal agencies or departments that 

13 offer additional information or assistance in 

14 clarifying such obligations and rights. 

15 ‘‘(2) PROVISION OF MATERIAL.—Upon the ap16 proval of an application of an applicant referred to 

17 in paragraph (1), the applicant shall be provided 

18 with the material described in subparagraphs (A) 

19 and (B) of paragraph (1)— 

20 ‘‘(A) by the issuing officer of the Depart21 ment of Homeland Security, if the applicant is 

22 inside the United States; or 

23 ‘‘(B) by the appropriate official of the De24 partment of State, if the applicant is outside 

25 the United States. 


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1 ‘‘(3) EMPLOYER TO PROVIDE IMMIGRATION PA2 PERWORK EXCHANGED WITH FEDERAL AGENCIES.— 

3 ‘‘(A) IN GENERAL.—Not later than 30 

4 days after a labor condition application is filed 

5 under section 212(n)(1), an employer shall pro6 vide an employee or beneficiary of such applica7 tion who is or seeking nonimmigrant status 

8 under subparagraph (H)(i)(b) or (L) of section 

9 101(a)(15) with a copy the original of all appli10 cations and petitions filed by the employer with 

11 the Department of Labor or the Department of 

12 Homeland Security for such employee or bene13 ficiary. 

14 ‘‘(B) WITHHOLDING OF FINANCIAL OR

15 PROPRIETARY INFORMATION.—If a document 

16 required to be provided to an employee or bene17 ficiary under subparagraph (A) includes any fi18 nancial or propriety information of the em19 ployer, the employer may redact such informa20 tion from the copies provided to such employee 

21 or beneficiary.’’. 

22 (b) REPORT ON JOB CLASSIFICATION AND WAGE

23 DETERMINATIONS.—Not later than 1 year after the date 

24 of the enactment of this Act, the Comptroller General of 

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1 curacy and effectiveness of the Secretary of Labor’s cur2 rent job classification and wage determination system. The 

3 report shall— 

4 (1) specifically address whether the systems in 

5 place accurately reflect the complexity of current job 

6 types as well as geographic wage differences; and 

7 (2) make recommendations concerning nec8 essary updates and modifications. 

9 SEC. 4233. FILING FEE FOR H–1B-DEPENDENT EMPLOYERS. 

10 (a) IN GENERAL.—Notwithstanding any other provi11 sion of law, there shall be a fee required to be submitted 

12 by an employer with an application for admission of an 

13 H–1B nonimmigrant as follows: 

14 (1) For each fiscal year beginning in fiscal year 

15 2015, $5,000 for applicants that employ 50 or more 

16 employees in the United States if more than 30 per17 cent and less than 50 percent of the applicant’s em18 ployees are H–1B nonimmigrants or L non19 immigrants. 

20 (2) For each of the fiscal years 2015 through 

21 2017, $10,000 for applicants that employ 50 or 

22 more employees in the United States if more than 

23 50 percent and less than 75 percent of the appli24 cant’s employees are H–1B nonimmigrants or L 

25 nonimmigrants. Fees collected under this paragraph 


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1 shall be deposited in the Comprehensive Immigration 

2 Reform Trust Fund established under section 

3 9(a)(1). 

4 (b) DEFINITIONS.—In this section: 

5 (1) EMPLOYER.—The term ‘‘employer’’— 

6 (A) means any entity or entities treated as 

7 a single employer under subsection (b), (c), 

8 (m), or (o) of section 414 of the Internal Rev9 enue Code of 1986; and 

10 (B) does not include a nonprofit institution 

11 of higher education or a nonprofit research or12 ganization described in section 501(c)(3) of the 

13 Internal Revenue Code of 1986 and exempt 

14 from taxation under 501(a) of that Code that 

15 is— 

16 (i) an institution of higher education 

17 (as defined in section 101(a) of the Higher 

18 Education Act of 1965 (20 U.S.C. 

19 1001(a))); or 

20 (ii) a research organization. 

21 (2) H–1B NONIMMIGRANT.—The term ‘‘H–1B 

22 nonimmigrant’’ means an alien admitted as a non23 immigrant pursuant to section 101(a)(15)(H)(i)(b) 

24 of the Immigration and Nationality Act (8 U.S.C. 

25 1101(a)(15)(H)(i)(b)). 


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1 (3) INTENDING IMMIGRANT.—The term ‘‘in2 tending immigrant’’ has the meaning given that 

3 term in paragraph (54)(A) of section 101(a)(54)(A) 

4 of the Immigration and Nationality Act (8 U.S.C. 

5 1101(a)). 

6 (4) L NONIMMIGRANT.—The term ‘‘L non7 immigrant’’ means an alien admitted as a non8 immigrant pursuant to section 101(a)(15)(L) of the 

9 Immigration and Nationality Act (8 U.S.C. 

10 1101(a)(15)(L)) to provide services to the alien’s 

11 employer involving specialized knowledge. 

12 (c) EXCEPTION FOR INTENDING IMMIGRANTS.—In 

13 determining the percentage of employees of an employer 

14 that are H–1B nonimmigrants or L nonimmigrants under 

15 subsection (a), an intending immigrant employee shall not 

16 count toward such percentage. 

17 (d) CONFORMING AMENDMENT.—Section 402 of the 

18 Act entitled ‘‘An Act making emergency supplemental ap19 propriations for border security for the fiscal year ending 

20 September 30, 2010, and for other purposes’’, approved 

21 August 13, 2010 (Public Law 111–230; 8 U.S.C. 1101 

22 note) is amended by striking subsection (b). 


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1 SEC. 4234. PROVIDING PREMIUM PROCESSING OF EMPLOY2 MENT-BASED VISA PETITIONS. 

3 Pursuant to section 286(u) of the Immigration and 

4 Nationality Act (8 U.S.C. 1356(u)), the Secretary shall 

5 establish and collect— 

6 (1) a fee for premium processing of employ7 ment-based immigrant petitions; and 

8 (2) a fee for premium processing of an adminis9 trative appeal of any decision on a permanent em10 ployment-based immigrant petition. 

11 SEC. 4235. TECHNICAL CORRECTION. 

12 Section 212 (8 U.S.C. 1182) is amended by redesig13 nating the second subsection (t), as added by section 

14 1(b)(2)(B) of the Act entitled ‘‘An Act to amend and ex15 tend the Irish Peace Process Cultural and Training Pro16 gram Act of 1998’’ (Public Law 108–449 (118 Stat. 

17 3470)), as subsection (u). 

18 SEC. 4236. APPLICATION. 

19 (a) IN GENERAL.—Except as otherwise specifically 

20 provided, the amendments made by this subtitle shall 

21 apply to applications filed on or after the date of the en22 actment of this Act. 

23 (b) SPECIAL REQUIREMENTS.—Notwithstanding any 

24 other provision of law, the amendments made by section 

25 4211(c) shall not apply to any application or petition filed 

26 by an employer on behalf of an existing employee. 


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1 SEC. 4237. PORTABILITY FOR BENEFICIARIES OF IMMI2 GRANT PETITIONS. 

3 (a) INCREASED PORTABILITY.—Section 204(j) (8 

4 U.S.C. 1154(j)) is amended— 

5 (1) by amending the subsection heading to read 

6 as follows: 

7 ‘‘(j) INCREASED PORTABILITY.—’’; 

8 (2) by striking ‘‘A petition’’ and inserting the 

9 following: 

10 ‘‘(1) LONG DELAYED APPLICANTS FOR ADJUST11 MENT OF STATUS.—A petition’’; and 

12 (3) by adding at the end the following: 

13 ‘‘(2) PORTABILITY FOR BENEFICIARIES OF IM14 MIGRANT PETITIONS.—Regardless of whether an em15 ployer withdraws a petition approved under para16 graph (1), (2), or (3) of section 203(b)— 

17 ‘‘(A) the petition shall remain valid with 

18 respect to a new job if— 

19 ‘‘(i) the beneficiary changes jobs or 

20 employers after the petition is approved; 

21 and 

22 ‘‘(ii) the new job is in the same or a 

23 similar occupational classification as the 

24 job for which the petition was approved; 

25 and 


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1 ‘‘(B) the employer’s legal obligations with 

2 respect to the petition shall terminate at the 

3 time the beneficiary changes jobs or employers. 

4 ‘‘(3) DOCUMENTATION.—The Secretary of 

5 Labor shall develop a mechanism to provide the ben6 eficiary or prospective employer with sufficient infor7 mation to determine whether a new position or job 

8 is in the same or similar occupation as the job for 

9 which the petition was approved. The Secretary of 

10 Labor shall provide confirmation of application ap11 proval if required for eligibility under this sub12 section. The Secretary of Homeland Security shall 

13 provide confirmation of petition approval if required 

14 for eligibility under this subsection.’’. 

15 (b) ADJUSTMENT OF STATUS FOR EMPLOYMENT16 BASED IMMIGRANTS.—Section 245 of the Immigration 

17 and Nationality Act (8 U.S.C. 1255) is amended by add18 ing at the end the following: 

19 ‘‘(n) ADJUSTMENT OF STATUS FOR EMPLOYMENT20 BASED IMMIGRANTS.— 

21 ‘‘(1) PETITION.—An alien, and any eligible de22 pendents of such alien, who has filed a petition for 

23 immigrant status, may concurrently, or at any time 

24 thereafter, file an application with the Secretary of 

25 Homeland Security for adjustment of status if such 


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1 petition is pending or has been approved, regardless 

2 of whether an immigrant visa is immediately avail3 able at the time the application is filed. 

4 ‘‘(2) SUPPLEMENTAL FEE.—If a visa is not im5 mediately available at the time an application is filed 

6 under paragraph (1), the beneficiary of such applica7 tion shall pay a supplemental fee of $500, which 

8 shall be deposited in the STEM Education and 

9 Training Account established under section 286(w). 

10 This fee shall not be collected from any dependent 

11 accompanying or following to join such beneficiary. 

12 ‘‘(3) AVAILABILITY.—An application filed pur13 suant to paragraph (2) may not be approved until 

14 the date on which an immigrant visa becomes avail15 able.’’. 

16 Subtitle C—L Visa Fraud and 

17 Abuse Protections 

18 SEC. 4301. PROHIBITION ON OUTPLACEMENT OF L NON19 IMMIGRANTS. 

20 Section 214(c)(2)(F) (8 U.S.C. 1184(c)(2)(F)) is 

21 amended to read as follows: 

22 ‘‘(F)(i) An employer who employs L–1 non23 immigrants in a number that is equal to at least 15 per24 cent of the total number of full-time equivalent employees 

25 employed by the employer shall not place, outsource, lease, 


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1 or otherwise contract for the services or placement of such 

2 alien with another employer. In determining the number 

3 of employees who are L–1 nonimmigrants, an intending 

4 immigrant shall count as a United States worker. 

5 ‘‘(ii) The employer of an alien described in section 

6 101(a)(15)(L) shall not place, outsource, lease, or other7 wise contract for the services or placement of such alien 

8 with another employer unless— 

9 ‘‘(I) such alien will not be controlled or super10 vised principally by the employer with whom such 

11 alien would be placed; 

12 ‘‘(II) the placement of such alien at the work13 site of the other employer is not essentially an ar14 rangement to provide labor for hire for the other 

15 employer; and 

16 ‘‘(III) the employer of such alien pays a fee of 

17 $500, which shall be deposited in the STEM Edu18 cation and Training Account established under sec19 tion 286(w).’’. 

20 SEC. 4302. L EMPLOYER PETITION REQUIREMENTS FOR 

21 EMPLOYMENT AT NEW OFFICES. 

22 Section 214(c)(2) (8 U.S.C. 1184(c)(2)) is amended 

23 by adding at the end the following: 

24 ‘‘(G)(i) If the beneficiary of a petition under this 

25 paragraph is coming to the United States to open, or be 


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1 employed in, a new office, the petition may be approved 

2 for up to 12 months only if— 

3 ‘‘(I) the alien has not been the beneficiary of 2 

4 or more petitions under this subparagraph during 

5 the immediately preceding 2 years; and 

6 ‘‘(II) the employer operating the new office 

7 has— 

8 ‘‘(aa) an adequate business plan; 

9 ‘‘(bb) sufficient physical premises to carry 

10 out the proposed business activities; and 

11 ‘‘(cc) the financial ability to commence 

12 doing business immediately upon the approval 

13 of the petition. 

14 ‘‘(ii) An extension of the approval period under clause 

15 (i) may not be granted until the importing employer sub16 mits an application to the Secretary of Homeland Security 

17 that contains— 

18 ‘‘(I) evidence that the importing employer 

19 meets the requirements of this subsection; 

20 ‘‘(II) evidence that the beneficiary of the peti21 tion is eligible for nonimmigrant status under sec22 tion 101(a)(15)(L); 

23 ‘‘(III) a statement summarizing the original pe24 tition; 


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1 ‘‘(IV) evidence that the importing employer has 

2 complied with the business plan submitted under 

3 clause (i)(I); 

4 ‘‘(V) evidence of the truthfulness of any rep5 resentations made in connection with the filing of 

6 the original petition; 

7 ‘‘(VI) evidence that the importing employer has 

8 been doing business at the new office through reg9 ular, systematic, and continuous provision of goods 

10 and services; 

11 ‘‘(VII) a statement of the duties the beneficiary 

12 has performed at the new office during the approval 

13 period under clause (i) and the duties the beneficiary 

14 will perform at the new office during the extension 

15 period granted under this clause; 

16 ‘‘(VIII) a statement describing the staffing at 

17 the new office, including the number of employees 

18 and the types of positions held by such employees; 

19 ‘‘(IX) evidence of wages paid to employees; 

20 ‘‘(X) evidence of the financial status of the new 

21 office; and 

22 ‘‘(XI) any other evidence or data prescribed by 

23 the Secretary. 

24 ‘‘(iii) A new office employing the beneficiary of an 

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1 ness only through regular, systematic, and continuous pro2 vision of goods and services. 

3 ‘‘(iv) Notwithstanding clause (ii), and subject to the 

4 maximum period of authorized admission set forth in sub5 paragraph (D), the Secretary of Homeland Security, in 

6 the Secretary’s discretion, may approve a subsequently 

7 filed petition on behalf of the beneficiary to continue em8 ployment at the office described in this subparagraph for 

9 a period beyond the initially granted 12-month period if 

10 the importing employer has been doing business at the 

11 new office through regular, systematic, and continuous 

12 provision of goods and services for the 6 months imme13 diately preceding the date of extension of petition filing 

14 and demonstrates that the failure to satisfy any of the 

15 requirements described in those subclauses was directly 

16 caused by extraordinary circumstances, as determined by 

17 the Secretary in the Secretary’s discretion.’’. 

18 SEC. 4303. COOPERATION WITH SECRETARY OF STATE. 

19 Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended 

20 by section 4302, is further amended by adding at the end 

21 the following: 

22 ‘‘(H) For purposes of approving petitions under this 

23 paragraph, the Secretary of Homeland Security shall work 

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1 istence or continued existence of a company or office in 

2 the United States or in a foreign country.’’. 

3 SEC. 4304. LIMITATION ON EMPLOYMENT OF L NON4 IMMIGRANTS. 

5 Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended 

6 by sections 4302 and 4303, is further amended by adding 

7 at the end the following: 

8 ‘‘(I)(i) If the employer employs 50 or more employees 

9 in the United States, the sum of the number of such em10 ployees who are H–1B nonimmigrants plus the number 

11 of such employees who are L nonimmigrants may not ex12 ceed— 

13 ‘‘(I) 75 percent of the total number of employ14 ees, for fiscal year 2015; 

15 ‘‘(II) 65 percent of the total number of employ16 ees, for fiscal year 2016; and 

17 ‘‘(III) 50 percent of the total number of em18 ployees, for each fiscal year after fiscal year 2016. 

19 ‘‘(ii) In this subparagraph: 

20 ‘‘(I) The term ‘employer’ does not include a 

21 nonprofit institution of higher education or a non22 profit research organization described in section 

23 501(c)(3) of the Internal Revenue Code of 1986 and 

24 exempt from taxation under 501(a) of that Code 

25 that is— 


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1 ‘‘(aa) an institution of higher education (as 

2 defined in section 101(a) of the Higher Edu3 cation Act of 1965 (20 U.S.C. 1001(a))); or 

4 ‘‘(bb) a research organization. 

5 ‘‘(II) The term ‘H–1B nonimmigrant’ means an 

6 alien admitted as a nonimmigrant pursuant to sec7 tion 101(a)(15)(H)(i)(b). 

8 ‘‘(III) The term ‘L nonimmigrant’ means an 

9 alien admitted as a nonimmigrant pursuant to sec10 tion 101(a)(15)(L) to provide services to the alien’s 

11 employer involving specialized knowledge. 

12 ‘‘(iii) In determining the percentage of employees of 

13 an employer that are H–1B nonimmigrants or L non14 immigrants under clause (i), an intending immigrant em15 ployee shall not count toward such percentage.’’. 

16 SEC. 4305. FILING FEE FOR L NONIMMIGRANTS. 

17 (a) IN GENERAL.—Notwithstanding any other provi18 sion of law, the filing fee for an application for admission 

19 of an L nonimmigrant shall be as follows: 

20 (1) For each of the fiscal years beginning in fis21 cal year 2014, $5,000 for applicants that employ 50 

22 or more employees in the United States if more than 

23 30 percent and less than 50 percent of the appli24 cant’s employees are H–1B nonimmigrants or L 

25 nonimmigrants. 


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1 (2) For each of the fiscal years 2014 through 

2 2017, $10,000 for applicants that employ 50 or 

3 more employees in the United States if more than 

4 50 percent and less than 75 percent of the appli5 cant’s employees are H–1B nonimmigrants or L 

6 nonimmigrants. Fees collected under this paragraph 

7 shall be deposited in the Comprehensive Immigration 

8 Reform Trust Fund established under section 

9 9(a)(1). 

10 (b) DEFINITIONS.—In this section: 

11 (1) EMPLOYER.—The term ‘‘employer’’ does 

12 not include a nonprofit institution of higher edu13 cation or a nonprofit research organization described 

14 in section 501(c)(3) of the Internal Revenue Code of 

15 1986 and exempt from taxation under 501(a) of 

16 that Code that is— 

17 (A) an institution of higher education (as 

18 defined in section 101(a) of the Higher Edu19 cation Act of 1965 (20 U.S.C. 1001(a))); or 

20 (B) a research organization. 

21 (2) H–1B NONIMMIGRANT.—The term ‘‘H–1B 

22 nonimmigrant’’ means an alien admitted as a non23 immigrant pursuant to section 101(a)(15)(H)(i)(b) 

24 of the Immigration and Nationality Act (8 U.S.C. 

25 1101(a)(15)(H)(i)(b)). 


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1 (3) L NONIMMIGRANT.—The term ‘‘L non2 immigrant’’ means an alien admitted as a non3 immigrant pursuant to section 101(a)(15)(L) of the 

4 Immigration and Nationality Act (8 U.S.C. 

5 1101(a)(15)(L)) to provide services to the alien’s 

6 employer involving specialized knowledge. 

7 (c) EXCEPTION FOR INTENDING IMMIGRANTS.—In 

8 determining the percentage of employees of an employer 

9 that are H–1B nonimmigrants or L nonimmigrants under 

10 subsection (a), an intending immigrant employee (as de11 fined in section 101(a)(54)(A) of the Immigration and Na12 tionality Act shall not count toward such percentage. 

13 (d) CONFORMING AMENDMENT.—Section 402 of the 

14 Act entitled ‘‘An Act making emergency supplemental ap15 propriations for border security for the fiscal year ending 

16 September 30, 2010, and for other purposes’’, approved 

17 August 13, 2010 (Public Law 111–230; 8 U.S.C. 1101 

18 note), as amended by section 4233(d), is further amended 

19 by striking subsections (a) and (c). 

20 SEC. 4306. INVESTIGATION AND DISPOSITION OF COM21 PLAINTS AGAINST L NONIMMIGRANT EM22 PLOYERS. 

23 Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended 

24 by sections 4302, 4303, and 4304 is further amended by 

25 adding at the end the following: 


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1 ‘‘(J)(i) The Secretary of Homeland Security may ini2 tiate an investigation of any employer that employs non3 immigrants described in section 101(a)(15)(L) with re4 gard to the employer’s compliance with the requirements 

5 of this subsection. 

6 ‘‘(ii)(I) If the Secretary receives specific credible in7 formation from a source who is likely to have knowledge 

8 of an employer’s practices, employment conditions, or 

9 compliance with the requirements under this subsection, 

10 the Secretary may conduct an investigation into the em11 ployer’s compliance with the requirements of this sub12 section. 

13 ‘‘(II) The Secretary may withhold the identity of a 

14 source referred to in subclause (I) from an employer and 

15 the identity of such source shall not be subject to disclo16 sure under section 552 of title 5, United States Code. 

17 ‘‘(iii) The Secretary shall establish a procedure for 

18 any person desiring to provide to the Secretary informa19 tion described in clause (ii)(I) that may be used, in whole 

20 or in part, as the basis for the commencement of an inves21 tigation described in such clause, to provide the informa22 tion in writing on a form developed and provided by the 

23 Secretary and completed by or on behalf of the person. 

24 ‘‘(iv) No investigation described in clause (ii)(I) (or 

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1 tion) may be conducted with respect to information about 

2 a failure to comply with the requirements under this sub3 section, unless the Secretary receives the information not 

4 later than 24 months after the date of the alleged failure. 

5 ‘‘(v)(I) Subject to subclause (III), before commencing 

6 an investigation of an employer under clause (i) or (ii), 

7 the Secretary shall provide notice to the employer of the 

8 intent to conduct such investigation. 

9 ‘‘(II) The notice required by subclause (I) shall be 

10 provided in such a manner, and shall contain sufficient 

11 detail, to permit the employer to respond to the allegations 

12 before an investigation is commenced. 

13 ‘‘(III) The Secretary is not required to comply with 

14 this clause if the Secretary determines that to do so would 

15 interfere with an effort by the Secretary to investigate or 

16 secure compliance by the employer with the requirements 

17 of this subsection. 

18 ‘‘(IV) There shall be no judicial review of a deter19 mination by the Secretary under this clause. 

20 ‘‘(vi) If the Secretary, after an investigation under 

21 clause (i) or (ii), determines that a reasonable basis exists 

22 to make a finding that the employer has failed to comply 

23 with the requirements under this subsection, the Secretary 

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1 ance with section 556 of title 5, United States Code, not 

2 later than 120 days after the date of such determination. 

3 If such a hearing is requested, the Secretary shall make 

4 a finding concerning the matter by not later than 120 days 

5 after the date of the hearing. 

6 ‘‘(vii) If the Secretary, after a hearing, finds a rea7 sonable basis to believe that the employer has violated the 

8 requirements under this subsection, the Secretary shall 

9 impose a penalty under subparagraph (K). 

10 ‘‘(viii)(I) The Secretary may conduct voluntary sur11 veys of the degree to which employers comply with the re12 quirements under this section. 

13 ‘‘(II) The Secretary shall— 

14 ‘‘(aa) conduct annual compliance audits of each 

15 employer with more than 100 employees who work 

16 in the United States if more than 15 percent of such 

17 employees are nonimmigrants described in 

18 101(a)(15)(L); and 

19 ‘‘(bb) make available to the public an executive 

20 summary or report describing the general findings of 

21 the audits carried out pursuant to this subclause.’’. 

22 SEC. 4307. PENALTIES. 

23 Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended 

24 by sections 4302, 4303, 4304, and 4306, is further 

25 amended by adding at the end the following: 


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1 ‘‘(K)(i) If the Secretary of Homeland Security finds, 

2 after notice and an opportunity for a hearing, a failure 

3 by an employer to meet a condition under subparagraph 

4 (F), (G), or (L) or a misrepresentation of material fact 

5 in a petition to employ 1 or more aliens as nonimmigrants 

6 described in section 101(a)(15)(L)— 

7 ‘‘(I) the Secretary shall impose such adminis8 trative remedies (including civil monetary penalties 

9 in an amount not to exceed $2,000 per violation) as 

10 the Secretary determines to be appropriate; 

11 ‘‘(II) the Secretary may not, during a period of 

12 at least 1 year, approve a petition for that employer 

13 to employ 1 or more aliens as such nonimmigrants; 

14 and 

15 ‘‘(III) in the case of a violation of subparagraph 

16 (J), the employer shall be liable to the employees 

17 harmed by such violation for lost wages and benefits. 

18 ‘‘(ii) If the Secretary finds, after notice and an oppor19 tunity for a hearing, a willful failure by an employer to 

20 meet a condition under subparagraph (F), (G), or (L) or 

21 a willful misrepresentation of material fact in a petition 

22 to employ 1 or more aliens as nonimmigrants described 

23 in section 101(a)(15)(L)— 

24 ‘‘(I) the Secretary shall impose such adminis25 trative remedies (including civil monetary penalties 


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1 in an amount not to exceed $10,000 per violation) 

2 as the Secretary determines to be appropriate; 

3 ‘‘(II) the Secretary may not, during a period of 

4 at least 2 years, approve a petition filed for that em5 ployer to employ 1 or more aliens as such non6 immigrants; and 

7 ‘‘(III) in the case of a violation of subparagraph 

8 (J), the employer shall be liable to the employees 

9 harmed by such violation for lost wages and bene10 fits.’’. 

11 SEC. 4308. PROHIBITION ON RETALIATION AGAINST L NON12 IMMIGRANTS. 

13 Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended 

14 by sections 4302, 4303, 4303, 4306, and 4307, is further 

15 amended by adding at the end the following: 

16 ‘‘(L)(i) It is a violation of this subparagraph for an 

17 employer who has filed a petition to import 1 or more 

18 aliens as nonimmigrants described in section 

19 101(a)(15)(L) to take, fail to take, or threaten to take 

20 or fail to take, a personnel action, or to intimidate, threat21 en, restrain, coerce, blacklist, discharge, or discriminate 

22 in any other manner against an employee because the em23 ployee— 

24 ‘‘(I) has disclosed information that the em25 ployee reasonably believes evidences a violation of 


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1 this subsection, or any rule or regulation pertaining 

2 to this subsection; or 

3 ‘‘(II) cooperates or seeks to cooperate with the 

4 requirements of this subsection, or any rule or regu5 lation pertaining to this subsection. 

6 ‘‘(ii) In this subparagraph, the term ‘employee’ in7 cludes— 

8 ‘‘(I) a current employee; 

9 ‘‘(II) a former employee; and 

10 ‘‘(III) an applicant for employment.’’. 

11 SEC. 4309. REPORTS ON L NONIMMIGRANTS. 

12 Section 214(c)(8) (8 U.S.C. 1184(c)(8)) is amended 

13 by inserting ‘‘(L),’’ after ‘‘(H),’’. 

14 SEC. 4310. APPLICATION. 

15 The amendments made by this subtitle shall apply to 

16 applications filed on or after the date of the enactment 

17 of this Act. 

18 SEC. 4311. REPORT ON L BLANKET PETITION PROCESS. 

19 Not later than 6 months after the date of the enact20 ment of this Act, the Inspector General of the Department 

21 shall submit to the Committee on the Judiciary of the Sen22 ate and the Committee on the Judiciary of the House of 

23 Representatives a report regarding the use of blanket peti24 tions under section 214(c)(2)(A) of the Immigration and 

25 Nationality Act (8 U.S.C. 1184(c)(2)(A)). Such report 


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1 shall assess the efficiency and reliability of the process for 

2 reviewing such blanket petitions, including whether the 

3 process includes adequate safeguards against fraud and 

4 abuse. 

5 Subtitle D—Other Nonimmigrant 

6 Visas 

7 SEC. 4401. NONIMMIGRANT VISAS FOR STUDENTS. 

8 (a) AUTHORIZATION OF DUAL INTENT FOR F NON9 IMMIGRANTS SEEKING BACHELOR’S OR GRADUATE DE10 GREES.—Section 101(a)(15)(F) (8 U.S.C. 

11 1101(a)(15)(F)) is amended to read as follows: 

12 ‘‘(F)(i) an alien having a residence in a 

13 foreign country who is a bona fide student 

14 qualified to pursue a full course of study and 

15 who seeks to enter the United States tempo16 rarily and solely for the purpose of pursuing 

17 such a course of study consistent with section 

18 214(m) at an accredited college, university, or 

19 language training program, or at an established 

20 seminary, conservatory, academic high school, 

21 elementary school, or other academic institution 

22 in the United States, particularly designated by 

23 the alien and approved by the Secretary of 

24 Homeland Security after consultation with the 

25 Secretary of Education, which institution or 


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1 place of study shall have agreed to report to the 

2 Secretary of Homeland Security the termination 

3 of attendance of each nonimmigrant student, 

4 and if any such institution of learning or place 

5 of study fails to make reports promptly the ap6 proval shall be withdrawn, except that such an 

7 alien who is not seeking to pursue a degree that 

8 is a bachelor’s degree or a graduate degree shall 

9 have a residence in a foreign country that the 

10 alien has no intention of abandoning; 

11 ‘‘(ii) the alien spouse and minor children of 

12 any alien described in clause (i) if accom13 panying or following to join such an alien; and 

14 ‘‘(iii) an alien who is a national of Canada 

15 or Mexico, who maintains actual residence and 

16 place of abode in the country of nationality, 

17 who is described in clause (i) except that the 

18 alien’s qualifications for and actual course of 

19 study may be full or part-time, and who com20 mutes to the United States institution or place 

21 of study from Canada or Mexico.’’. 

22 (b) DUAL INTENT.—Section 214(h) (8 U.S.C. 

23 1184(h)) is amended to read as follows: 

24 ‘‘(h) DUAL INTENT.—The fact that an alien is, or 

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1 erence status filed under section 204, seeks a change or 

2 adjustment of status after completing a legitimate period 

3 of nonimmigrant stay, or has otherwise sought permanent 

4 residence in the United States shall not constitute evi5 dence of intent to abandon a foreign residence that would 

6 preclude the alien from obtaining or maintaining— 

7 ‘‘(1) a visa or admission as a nonimmigrant de8 scribed in subparagraph (E), (F)(i), (F)(ii), 

9 (H)(i)(b), (H)(i)(c), (L), (O), (P), (V), or (W) of 

10 section 101(a)(15); or 

11 ‘‘(2) the status of a nonimmigrant described in 

12 any such subparagraph.’’. 

13 (c) REQUIREMENT OF STUDENT VISA DATA TRANS14 FER AND CERTIFICATION.— 

15 (1) IN GENERAL.—The Secretary shall imple16 ment real-time transmission of data from the Stu17 dent and Exchange Visitor Information System to 

18 databases used by U.S. Customs and Border Protec19 tion. 

20 (2) CERTIFICATION.— 

21 (A) IN GENERAL.—Not later than 120 

22 days after the date of the enactment of this 

23 Act, the Secretary shall certify to Congress that 

24 the transmission of data referred to in para25 graph (1) has been implemented. 


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1 (B) TEMPORARY SUSPENSION OF VISA

2 ISSUANCE.—If the Secretary has not made the 

3 certification referred to in subparagraph (A) 

4 during the 120-day period, the Secretary shall 

5 suspend issuance of visas under subparagraphs 

6 (F) and (M) of section 101(a)(15) of the Immi7 gration and Nationality Act (8 U.S.C. 

8 1101(a)(15)) until the certification is made. 

9 SEC. 4402. CLASSIFICATION FOR SPECIALTY OCCUPATION 

10 WORKERS FROM FREE TRADE COUNTRIES. 

11 (a) NONIMMIGRANT STATUS.—Section 

12 101(a)(15)(E) (8 U.S.C. 1101(a)(15)(E)) is amended— 

13 (1) in the matter preceding clause (i), by insert14 ing ‘‘, bilateral investment treaty, or free trade 

15 agreement’’ after ‘‘treaty of commerce and naviga16 tion’’; 

17 (2) in clause (ii), by striking ‘‘or’’ at the end; 

18 and 

19 (3) by adding at the end the following: 

20 ‘‘(iv) solely to perform services in a 

21 specialty occupation in the United States if 

22 the alien is a national of a country, other 

23 than Chile, Singapore, or Australia, with 

24 which the United States has entered into a 

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1 er such an agreement is a treaty of com2 merce and navigation) and with respect to 

3 whom the Secretary of Labor determines 

4 and certifies to the Secretary of Homeland 

5 Security and the Secretary of State that 

6 the intending employer has filed with the 

7 Secretary of Labor an attestation under 

8 section 212(t); 

9 ‘‘(v) solely to perform services in a 

10 specialty occupation in the United States if 

11 the alien is a national of the Republic of 

12 Korea and with respect to whom the Sec13 retary of Labor determines and certifies to 

14 the Secretary of Homeland Security and 

15 the Secretary of State that the intending 

16 employer has filed with the Secretary of 

17 Labor an attestation under section 212(t); 

18 or 

19 ‘‘(vi) solely to perform services as an 

20 employee and who has at least a high 

21 school education or its equivalent, or has, 

22 during the most recent 5-year period, at 

23 least 2 years of work experience in an oc24 cupation which requires at least 2 years of 


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1 training or experience if the alien is a na2 tional of a country— 

3 ‘‘(I) designated as an eligible 

4 sub-Saharan African country under 

5 section 104 of the African Growth 

6 and Opportunity Act (19 U.S.C. 

7 3703); or 

8 ‘‘(II) designated as a beneficiary 

9 country for purposes of the Caribbean 

10 Basin Economic Recovery Act (19 

11 U.S.C. 2701 et seq.);’’. 

12 (b) NUMERICAL LIMITATION.—Section 214(g)(11) (8 

13 U.S.C. 1184(g)(11)) is amended— 

14 (1) in subparagraph (A), by striking ‘‘section 

15 101(a)(15)(E)(iii)’’ and inserting ‘‘clauses (iii) and 

16 (vi) of section 101(a)(15)(E)’’; and 

17 (2) by amending subparagraph (B) to read as 

18 follows: 

19 ‘‘(B) The applicable numerical limitation 

20 referred to in subparagraph (A) for each fiscal 

21 year is— 

22 ‘‘(i) 10,500 for each of the nationali23 ties identified in clause (iii) of section 

24 101(a)(15)(E); and 


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1 ‘‘(ii) 10,500 for all aliens described in 

2 clause (vi) of such section.’’. 

3 (c) FREE TRADE AGREEMENTS.—Section 214(g) (8 

4 U.S.C. 1184(g)) is amended by adding at the end the fol5 lowing: 

6 ‘‘(12)(A) The free trade agreements referred to in 

7 section 101(a)(15)(E)(iv) are defined as any free trade 

8 agreement designated by the Secretary of Homeland Secu9 rity with the concurrence of the United States Trade Rep10 resentative and the Secretary of State. 

11 ‘‘(B) The Secretary of State may not approve a num12 ber of initial applications submitted for aliens described 

13 in clause (iv) or (v) of section 101(a)(15)(E) that is more 

14 than 5,000 per fiscal year for each country with which 

15 the United States has entered into a Free Trade Agree16 ment. 

17 ‘‘(C) The applicable numerical limitation referred to 

18 in subparagraph (A) shall apply only to principal aliens 

19 and not to the spouses or children of such aliens.’’. 

20 (d) NONIMMIGRANT PROFESSIONALS.—Section 

21 212(t) (8 U.S.C. 1182(t)) is amended by striking ‘‘section 

22 101(a)(15)(E)(iii)’’ each place that term appears and in23 serting ‘‘clause (iv) or (v) of section 101(a)(15)(E)’’. 


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1 SEC. 4403. E-VISA REFORM. 

2 (a) NONIMMIGRANT CATEGORY.—Section 

3 101(a)(15)(E)(iii) (8 U.S.C. 1101(a)(15)(E)(iii)) is 

4 amended by inserting ‘‘, or solely to perform services as 

5 an employee and who has at least a high school education 

6 or its equivalent, or has, within 5 years, at least 2 years 

7 of work experience in an occupation which requires at least 

8 2 years of training or experience if the alien is a national 

9 of the Republic of Ireland,’’ after ‘‘Australia’’. 

10 (b) TEMPORARY ADMISSION.—Section 212(d)(3)(A) 

11 (8 U.S.C. 1182(d)(3)(A)) is amended to read as follows: 

12 ‘‘(A) Except as otherwise provided in this sub13 section— 

14 ‘‘(i) an alien who is applying for a non15 immigrant visa and who the consular officer 

16 knows or believes to be ineligible for such visa 

17 under subsection (a) (other than subparagraphs 

18 (A)(i)(I), (A)(ii), (A)(iii), (C), (E)(i), and 

19 (E)(ii) of paragraph (3) of such subsection)— 

20 ‘‘(I) after approval by the Secretary of 

21 Homeland Security of a recommendation 

22 by the Secretary of State or by the con23 sular officer that the alien be admitted 

24 temporarily despite the alien’s inadmis25 sibility, may be granted such a visa and 

26 may be admitted into the United States 


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1 temporarily as a nonimmigrant, in the dis2 cretion of the Secretary of Homeland Secu3 rity; or 

4 ‘‘(II) absent such recommendation 

5 and approval, be granted a nonimmigrant 

6 visa pursuant to section 101(a)(15)(E) if 

7 such ineligibility is based solely on conduct 

8 in violation of paragraph (6), (7), or (9) of 

9 section 212(a) that occurred before the 

10 date of the enactment of the Border Secu11 rity, Economic Opportunity, and Immigra12 tion Modernization Act; and 

13 ‘‘(ii) an alien who is inadmissible under 

14 subsection (a) (other than subparagraphs 

15 (A)(i)(I), (A)(ii), (A)(iii), (C), (E)(i), and 

16 (E)(ii) of paragraph (3) of such subsection), is 

17 in possession of appropriate documents or was 

18 granted a waiver from such document require19 ment, and is seeking admission, may be admit20 ted into the United States temporarily as a 

21 nonimmigrant, in the discretion of the Sec22 retary of Homeland Security, who shall pre23 scribe conditions, including exaction of such 

24 bonds as may be necessary, to control and regu25 late the admission and return of inadmissible 


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1 aliens applying for temporary admission under 

2 this paragraph.’’. 

3 (c) NUMERICAL LIMITATION.—Section 

4 214(g)(11)(B) (8 U.S.C. 1184(g)(11)(B)) is amended by 

5 striking the period at the end and inserting ‘‘for each of 

6 the nationalities identified under section 

7 101(a)(15)(E)(iii).’’. 

8 SEC. 4404. OTHER CHANGES TO NONIMMIGRANT VISAS. 

9 (a) PORTABILITY.—Paragraphs (1) and (2) of sec10 tion 214(n) (8 U.S.C. 1184(n)) are amended to read as 

11 follows: 

12 ‘‘(1) A nonimmigrant alien described in paragraph 

13 (2) who was previously issued a visa or otherwise provided 

14 nonimmigrant status under section 101(a)(15)(H)(i)(b) or 

15 101(a)(15)(O)(i) is authorized to accept new employment 

16 pursuant to such section upon the filing by the prospective 

17 employer of a new petition on behalf of such nonimmigrant 

18 as provided under subsection (a). Employment authoriza19 tion shall continue for such alien until the new petition 

20 is adjudicated. If the new petition is denied, such author21 ization shall cease. 

22 ‘‘(2) A nonimmigrant alien described in this para23 graph is a nonimmigrant alien— 

24 ‘‘(A) who has been lawfully admitted into the 

25 United States; 


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1 ‘‘(B) on whose behalf an employer has filed a 

2 nonfrivolous petition for new employment before the 

3 date of expiration of the period of stay authorized by 

4 the Secretary of Homeland Security; and 

5 ‘‘(C) who, subsequent to such lawful admission, 

6 has not been employed without authorization in the 

7 United States before the filing of such petition.’’. 

8 (b) WAIVER.—The undesignated material at the end 

9 of section 214(c)(3) (8 U.S.C. 1184(c)(3)) is amended to 

10 read as follows: 

11 ‘‘The Secretary of Homeland Security shall provide by 

12 regulation for the waiver of the consultation requirement 

13 under subparagraph (A) in the case of aliens who have 

14 been admitted as nonimmigrants under section 

15 101(a)(15)(O)(i) because of extraordinary ability in the 

16 arts or extraordinary achievement in motion picture or tel17 evision production and who seek readmission to perform 

18 similar services within 3 years after the date of a consulta19 tion under such subparagraph provided that, in the case 

20 of aliens admitted because of extraordinary achievement 

21 in motion picture or television production, such waiver 

22 shall apply only if the prior consultations by the appro23 priate union and management organization were favorable 

24 or raised no objection to the approval of the petition. Not 

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1 retary shall forward a copy of the petition and all sup2 porting documentation to the national office of an appro3 priate labor organization. In the case of an alien seeking 

4 entry for a motion picture or television production (i) any 

5 opinion under the previous sentence shall only be advisory; 

6 (ii) any such opinion that recommends denial must be in 

7 writing; (iii) in making the decision the Attorney General 

8 shall consider the exigencies and scheduling of the produc9 tion; (iv) the Attorney General shall append to the decision 

10 any such opinion; and (v) upon making the decision, the 

11 Attorney General shall immediately provide a copy of the 

12 decision to the consulting labor and management organi13 zations.’’. 

14 SEC. 4405. TREATMENT OF NONIMMIGRANTS DURING AD15 JUDICATION OF APPLICATION. 

16 Section 214 (8 U.S.C. 1184), as amended by sections 

17 3609 and 4233, is further amended by adding at the end 

18 the following: 

19 ‘‘(u) TREATMENT OF NONIMMIGRANTS DURING AD20 JUDICATION OF APPLICATION.—A nonimmigrant alien 

21 granted employment authorization pursuant to sections 

22 101(a)(15)(A), 101(a)(15)(E), 101(a)(15)(G), 

23 101(a)(15)(H), 101(a)(15)(I), 101(a)(15)(J), 

24 101(a)(15)(L), 101(a)(15)(O), 101(a)(15)(P), 

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1 tions as the Secretary of Homeland Security may by regu2 lations prescribe whose status has expired but who has, 

3 or whose sponsoring employer or authorized agent has, 

4 filed a timely application or petition for an extension of 

5 such employment authorization and nonimmigrant status 

6 as provided under subsection (a) is authorized to continue 

7 employment with the same employer until the application 

8 or petition is adjudicated. Such authorization shall be sub9 ject to the same conditions and limitations as the initial 

10 grant of employment authorization.’’. 

11 SEC. 4406. NONIMMIGRANT ELEMENTARY AND SECONDARY 

12 SCHOOL STUDENTS. 

13 Section 214(m)(1)(B) (8 U.S.C. 1184(m)(1)(B)) is 

14 amended striking ‘‘unless—’’ and all that follows through 

15 ‘‘(ii)’’ and inserting ‘‘unless’’. 

16 SEC. 4407. J–1 SUMMER WORK TRAVEL VISA EXCHANGE VIS17 ITOR PROGRAM FEE. 

18 Section 281 (8 U.S.C. 1351), as amended by section 

19 4105, is further amended by adding at the end the fol20 lowing: 

21 ‘‘(e) J–1 VISA EXCHANGE VISITOR PROGRAM FEE.— 

22 ‘‘(1) IN GENERAL.—In addition to the fees au23 thorized under subsection (a), the Secretary of State 

24 shall collect from designated program sponsors, a 

25 $500 fee for each nonimmigrant entering under the 


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1 Summer Work Travel program conducted by the 

2 Secretary of State pursuant to the Foreign Affairs 

3 Reform and Restructuring Act of 1998 (division G 

4 of Public Law 105–277; 112 Stat. 2681–761). Fees 

5 collected under this subsection shall be deposited 

6 into the Comprehensive Immigration Reform Trust 

7 Fund established under section 9(a)(1) of the Bor8 der Security, Economic Opportunity, and Immigra9 tion Modernization Act. 

10 ‘‘(2) REGULATIONS AND LIMITATIONS.—The 

11 Secretary of Homeland Security, in conjunction with 

12 the Secretary of State, shall promulgate regulations 

13 ensuring that a fee required by paragraph (1) is 

14 paid on behalf of all summer work travel non15 immigrants under section 101(a)(15)(J) seeking 

16 entry into the United States. A fee related to the 

17 hiring of such a summer work travel nonimmigrant 

18 shall be paid by the designated program sponsor and 

19 may not be charged to such summer work travel 

20 nonimmigrant. There shall not be more than 1 fee 

21 collected per such summer work travel non22 immigrant.’’. 


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1 SEC. 4408. J VISA ELIGIBILITY FOR SPEAKERS OF CERTAIN 

2 FOREIGN LANGUAGES. 

3 (a) IN GENERAL.—Section 101(a)(15)(J) (8 U.S.C. 

4 1101(a)(15)(J)) is amended to read as follows: 

5 ‘‘(J) an alien having a residence in a for6 eign country which he has no intention of aban7 doning who— 

8 ‘‘(i) is a bona fide student, scholar, 

9 trainee, teacher, professor, research assist10 ant, specialist, or leader in a field of spe11 cialized knowledge or skill, or other person 

12 of similar description, who is coming tem13 porarily to the United States as a partici14 pant in a program designated by the Di15 rector of the United States Information 

16 Agency, for the purpose of teaching, in17 structing or lecturing, studying, observing, 

18 conducting research, consulting, dem19 onstrating special skills, or receiving train20 ing and who, if such alien is coming to the 

21 United States to participate in a program 

22 under which such alien will receive grad23 uate medical education or training, also 

24 meets the requirements of section 212(j), 

25 and the alien spouse and minor children of 


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1 any such alien if accompanying such alien 

2 or following to join such alien; or 

3 ‘‘(ii) is coming to the United States to 

4 perform work involving specialized knowl5 edge or skill, including teaching on a full6 time or part-time basis, that requires pro7 ficiency of languages spoken as a native 

8 language in countries of which fewer than 

9 5,000 nationals were lawfully admitted for 

10 permanent residence in the United States 

11 in the previous year;’’. 

12 (b) REQUIREMENT FOR ANNUAL LIST OF COUN13 TRIES.—The Secretary of State shall publish an annual 

14 list of the countries described in clause (ii) of section 

15 101(a)(15)(J) of the Immigration and Nationality Act (8 

16 U.S.C. 1101(a)(15)(J)), as added by subsection (a). 

17 SEC. 4409. F–1 VISA FEE. 

18 Section 281 (8 U.S.C. 1351), as amended by sections 

19 4105 and 4407, is further amended by adding at the end 

20 the following: 

21 ‘‘(f) F–1 VISA FEE.— 

22 ‘‘(1) IN GENERAL.—In addition to the fees au23 thorized under subsection (a), the Secretary of 

24 Homeland Security shall collect a $100 fee from 

25 each nonimmigrant admitted under section 


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1 101(a)(15)(F)(i). Fees collected under this sub2 section shall be deposited into the Comprehensive 

3 Immigration Reform Trust Fund established under 

4 section 9(a)(1) of the Border Security, Economic 

5 Opportunity, and Immigration Modernization Act. 

6 ‘‘(2) RULEMAKING.—The Secretary of Home7 land Security, in conjunction with the Secretary of 

8 State, shall promulgate regulations to ensure that— 

9 ‘‘(A) the fee authorized under paragraph 

10 (1) is paid on behalf of all J–1 nonimmigrants 

11 seeking entry into the United States; 

12 ‘‘(B) a fee related to the hiring of a J–1 

13 nonimmigrant is not deducted from the wages 

14 or other compensation paid to the J–1 non15 immigrant; and 

16 ‘‘(C) not more than 1 fee is collected per 

17 J–1 nonimmigrant.’’. 

18 SEC. 4410. PILOT PROGRAM FOR REMOTE B NON19 IMMIGRANT VISA INTERVIEWS. 

20 Section 222 (8 U.S.C. 1202) is amended by adding 

21 at the end the following: 

22 ‘‘(i)(1) Except as provided in paragraph (3), the Sec23 retary of State— 

24 ‘‘(A) shall develop and conduct a pilot program 

25 for processing visas under section 101(a)(15)(B) 


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1 using secure remote videoconferencing technology as 

2 a method for conducting any required in person 

3 interview of applicants; and 

4 ‘‘(B) in consultation with the heads of other 

5 Federal agencies that use such secure communica6 tions, shall help ensure the security of the 

7 videoconferencing transmission and encryption con8 ducted under subparagraph (A). 

9 ‘‘(2) Not later than 90 days after the termination of 

10 the pilot program authorized under paragraph (1), the 

11 Secretary of State shall submit to the appropriate commit12 tees of Congress a report that contains— 

13 ‘‘(A) a detailed description of the results of 

14 such program, including an assessment of the effi15 cacy, efficiency, and security of the remote 

16 videoconferencing technology as a method for con17 ducting visa interviews of applicants; and 

18 ‘‘(B) recommendations for whether such pro19 gram should be continued, broadened, or modified. 

20 ‘‘(3) The pilot program authorized under paragraph 

21 (1) may not be conducted if the Secretary of State deter22 mines that such program— 

23 ‘‘(A) poses an undue security risk; and 

24 ‘‘(B) cannot be conducted in a manner con25 sistent with maintaining security controls. 


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1 ‘‘(4) If the Secretary of State makes a determination 

2 under paragraph (3), the Secretary shall submit a report 

3 to the appropriate committees of Congress that describes 

4 the reasons for such determination. 

5 ‘‘(5) In this subsection: 

6 ‘‘(A) The term ‘appropriate committees of Con7 gress’ means— 

8 ‘‘(i) the Committee on the Judiciary, the 

9 Committee on Foreign Relations, and the Com10 mittee on Appropriations of the Senate; and 

11 ‘‘(ii) the Committee on the Judiciary, the 

12 Committee on Foreign Affairs, and the Com13 mittee on Appropriations of the House of Rep14 resentatives. 

15 ‘‘(B) The term ‘in person interview’ includes 

16 interviews conducted using remote video tech17 nology.’’. 

18 SEC. 4411. PROVIDING CONSULAR OFFICERS WITH ACCESS 

19 TO ALL TERRORIST DATABASES AND REQUIR20 ING HEIGHTENED SCRUTINY OF APPLICA21 TIONS FOR ADMISSION FROM PERSONS LIST22 ED ON TERRORIST DATABASES. 

23 Section 222 (8 U.S.C. 1202), as amended by section 

24 4410, is further amended by adding at the end the fol25 lowing: 


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1 ‘‘(j) PROVIDING CONSULAR OFFICERS WITH ACCESS

2 TO ALL TERRORIST DATABASES AND REQUIRING

3 HEIGHTENED SCRUTINY OF APPLICATIONS FOR ADMIS4 SION FROM PERSONS LISTED ON TERRORIST DATA5 BASES.— 

6 ‘‘(1) ACCESS TO THE SECRETARY OF STATE.— 

7 ‘‘(A) IN GENERAL.—Except as provided in 

8 subparagraph (B), the Secretary of State shall 

9 have access to all terrorism records and data10 bases maintained by any agency or department 

11 of the United States for the purposes of deter12 mining whether an applicant for admission 

13 poses a security threat to the United States. 

14 ‘‘(B) EXCEPTION.—The head of such an 

15 agency or department may only withhold access 

16 to terrorism records and databases from the 

17 Secretary of State if such head is able to articu18 late that withholding is necessary to prevent the 

19 unauthorized disclosure of information that 

20 clearly identifies, or would reasonably permit 

21 ready identification of, intelligence or sensitive 

22 law enforcement sources, methods, or activities. 

23 ‘‘(2) BIOGRAPHIC AND BIOMETRIC SCREEN24 ING.— 


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1 ‘‘(A) REQUIREMENT FOR BIOGRAPHIC AND

2 BIOMETRIC SCREENING.—Notwithstanding any 

3 other provision of this Act, the Secretary of 

4 State shall require every alien applying for ad5 mission to the United States to submit to bio6 graphic and biometric screening to determine 

7 whether the alien’s name or biometric informa8 tion is listed in any terrorist watch list or data9 base maintained by any agency or department 

10 of the United States. 

11 ‘‘(B) EXCLUSIONS.—No alien applying for 

12 a visa to the United States shall be granted 

13 such visa by a consular officer if the alien’s 

14 name or biometric information is listed in any 

15 terrorist watch list or database referred to in 

16 subparagraph (A) unless— 

17 ‘‘(i) screening of the alien’s visa appli18 cation against interagency counterter19 rorism screening systems which compare 

20 the applicant’s information against data in 

21 all counterterrorism watch lists and data22 bases reveals no potentially pertinent links 

23 to terrorism; 

24 ‘‘(ii) the consular officer submits the 

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1 retary of State and the heads of other rel2 evant agencies, including the Secretary of 

3 Homeland Security and the Director of 

4 National Intelligence; and 

5 ‘‘(iii) the Secretary of State, after 

6 consultation with the Secretary of Home7 land Security, the Director of National In8 telligence, and the heads of other relevant 

9 agencies, certifies that the alien is admis10 sible to the United States.’’. 

11 SEC. 4412. VISA REVOCATION INFORMATION. 

12 Section 428 of the Homeland Security Act of 2002 

13 (6 U.S.C. 236) is amended by adding at the end the fol14 lowing: 

15 ‘‘(j) VISA REVOCATION INFORMATION.—If the Sec16 retary of State or the Secretary of Homeland Security re17 voke a visa— 

18 ‘‘(1) the fact of the revocation shall be imme19 diately provided to the relevant consular officers, law 

20 enforcement, and terrorist screening databases; and 

21 ‘‘(2) a notice of such revocation shall be posted 

22 to all Department of Homeland Security port inspec23 tors and to all consular officers.’’. 


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1 SEC. 4413. STATUS FOR CERTAIN BATTERED SPOUSES AND 

2 CHILDREN. 

3 (a) NONIMMIGRANT STATUS FOR CERTAIN BAT4 TERED SPOUSES AND CHILDREN.—Section 101(a)(51) (8 

5 U.S.C. 1101(a)(51)), as amended by section 

6 2305(d)(6)(B)(i)(III), is further amended— 

7 (1) in subparagraph (E), by striking ‘‘or’’ at 

8 the end; 

9 (2) in subparagraph (F), by striking the period 

10 at the end and inserting ‘‘; or’’; and 

11 (3) by adding at the end the following: 

12 ‘‘(G) section 106 as an abused derivative 

13 alien.’’. 

14 (b) RELIEF FOR ABUSED DERIVATIVE ALIENS.— 

15 (1) IN GENERAL.—Section 106 (8 U.S.C. 

16 1105a) is amended to read as follows: 

17 ‘‘SEC. 106. RELIEF FOR ABUSED DERIVATIVE ALIENS. 

18 ‘‘(a) ABUSED DERIVATIVE ALIEN DEFINED.—In this 

19 section, the term ‘abused derivative alien’ means an alien 

20 who— 

21 ‘‘(1) is the spouse or child admitted under sec22 tion 101(a)(15) or pursuant to a blue card status 

23 granted under section 2211 of the Border Security, 

24 Economic Opportunity, and Immigration Moderniza25 tion Act; 


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1 ‘‘(2) is accompanying or following to join a 

2 principal alien admitted under such a section; and 

3 ‘‘(3) has been subjected to battery or extreme 

4 cruelty by such principal alien. 

5 ‘‘(b) RELIEF FOR ABUSED DERIVATIVE ALIENS.— 

6 The Secretary of Homeland Security— 

7 ‘‘(1) shall grant or extend the status of admis8 sion of an abused derivative alien under section 

9 101(a)(15) or section 2211 of the Border Security, 

10 Economic Opportunity, and Immigration Moderniza11 tion Act under which the principal alien was admit12 ted for the longer of— 

13 ‘‘(A) the same period for which the prin14 cipal was initially admitted; or 

15 ‘‘(B) a period of 3 years; 

16 ‘‘(2) may renew a grant or extension of status 

17 made under paragraph (1); 

18 ‘‘(3) shall grant employment authorization to 

19 an abused derivative alien; and 

20 ‘‘(4) may adjust the status of the abused deriv21 ative alien to that of an alien lawfully admitted for 

22 permanent residence if— 

23 ‘‘(A) the alien is admissible under section 

24 212(a) or the Secretary of Homeland Security 

25 finds the alien’s continued presence in the 


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1 United States is justified on humanitarian 

2 grounds, to ensure family unity, or is otherwise 

3 in the public interest; and 

4 ‘‘(B) the status under which the principal 

5 alien was admitted to the United States would 

6 have potentially allowed for eventual adjustment 

7 of status. 

8 ‘‘(c) EFFECT OF TERMINATION OF RELATIONSHIP.— 

9 Termination of the relationship with principal alien shall 

10 not affect the status of an abused derivative alien under 

11 this section if battery or extreme cruelty by the principal 

12 alien was 1 central reason for termination of the relation13 ship. 

14 ‘‘(d) PROCEDURES.—Requests for relief under this 

15 section shall be handled under the procedures that apply 

16 to aliens seeking relief under section 204(a)(1)(C).’’. 

17 (2) TABLE OF CONTENTS AMENDMENT.—The 

18 table of contents in the first section is amended by 

19 striking the item relating to section 106 and insert20 ing the following: 

‘‘Sec. 106. Relief for abused derivative aliens.’’. 

21 SEC. 4414. NONIMMIGRANT CREWMEN LANDING TEMPO22 RARILY IN HAWAII. 

23 (a) IN GENERAL.—Section 101(a)(15)(D)(ii) (8 

24 U.S.C. 1101(a)(15)(D)(ii)) is amended— 


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1 (1) by striking ‘‘Guam’’ both places that term 

2 appears and inserting ‘‘Hawaii, Guam,’’; and 

3 (2) by striking the semicolon at the end and in4 serting ‘‘or some other vessel or aircraft;’’. 

5 (b) TREATMENT OF DEPARTURES.—In the adminis6 tration of section 101(a)(15)(D)(ii) of the Immigration 

7 and Nationality Act (8 U.S.C. 1101(a)(15)(D)(ii)), an 

8 alien crewman shall be considered to have departed from 

9 Hawaii, Guam, or the Commonwealth of the Northern 

10 Mariana Islands after leaving the territorial waters of Ha11 waii, Guam, or the Commonwealth of the Northern Mar12 iana Islands, respectively, without regard to whether the 

13 alien arrives in a foreign state before returning to Hawaii, 

14 Guam, or the Commonwealth of the Northern Mariana Is15 lands. 

16 (c) CONFORMING AMENDMENT.—The Act entitled 

17 ‘‘An Act to amend the Immigration and Nationality Act 

18 to permit nonimmigrant alien crewmen on fishing vessels 

19 to stop temporarily at ports in Guam’’, approved October 

20 21, 1986 (Public Law 99–505; 8 U.S.C. 1101 note) is 

21 amended by striking section 2. 

22 SEC. 4415. TREATMENT OF COMPACT OF FREE ASSOCIA23 TION MIGRANTS. 

24 (a) IN GENERAL.—Title II (8 U.S.C. 1151 et seq.) 

25 is amended by inserting after section 214 the following: 


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1 ‘‘SEC. 214A. TREATMENT OF COMPACT OF FREE ASSOCIA2 TION MIGRANTS. 

3 ‘‘Notwithstanding any other provision of law, with re4 spect to eligibility for benefits for the Federal program 

5 defined in 402(b)(3)(C) of the Personal Responsibility and 

6 Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 

7 1612(b)(3)(C)) (relating to the Medicaid program), sec8 tions 401(a), 402(b)(1), and 403(a) of the Personal Re9 sponsibility and Work Opportunity Reconciliation Act of 

10 1996 (8 U.S.C. 1611(a), 1612(b)(1), 1613(a)) shall not 

11 apply to any individual who lawfully resides in the United 

12 States in accordance with the Compacts of Free Associa13 tion between the Government of the United States and 

14 the Governments of the Federated States of Micronesia, 

15 the Republic of the Marshall Islands, and the Republic of 

16 Palau. Any individual to which the preceding sentence ap17 plies shall be considered to be a qualified alien for pur18 poses of title IV of the Personal Responsibility and Work 

19 Opportunity Reconciliation Act of 1996 (8 U.S.C. 1601 

20 et seq.), but only with respect to the designated Federal 

21 program defined in section 402(b)(3)(C) of such Act (re22 lating to the Medicaid program) (8 U.S.C. 

23 1612(b)(3)(C)).’’. 

24 (b) CONFORMING AMENDMENTS.—Section 1108 of 

25 the Social Security Act (42 U.S.C. 1308) is amended— 


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1 (1) in subsection (f), in the matter preceding 

2 paragraph (1), by striking ‘‘subsection (g)’’ and in3 serting ‘‘subsections (g) and (h)’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(h) The limitations of subsections (f) and (g) shall 

6 not apply with respect to medical assistance provided to 

7 an individual described in section 214A of the Immigra8 tion and Nationality Act.’’. 

9 (c) EFFECTIVE DATE.—The amendments made by 

10 this section shall apply to benefits for items and services 

11 furnished on or after the date of the enactment of this 

12 Act. 

13 Subtitle E—JOLT Act 

14 SEC. 4501. SHORT TITLES. 

15 This subtitle may be cited as the ‘‘Jobs Originated 

16 through Launching Travel Act of 2013’’ or the ‘‘JOLT 

17 Act of 2013’’. 

18 SEC. 4502. PREMIUM PROCESSING. 

19 Section 221 (8 U.S.C. 1201) is amended by inserting 

20 at the end the following: 

21 ‘‘(j) PREMIUM PROCESSING.— 

22 ‘‘(1) PILOT PROCESSING SERVICE.—Recog23 nizing that the best solution for expedited processing 

24 is low interview wait times for all applicants, the 

25 Secretary of State shall nevertheless establish, on a 


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1 limited, pilot basis only, a fee-based premium proc2 essing service to expedite interview appointments. In 

3 establishing a pilot processing service, the Secretary 

4 may— 

5 ‘‘(A) determine the consular posts at which 

6 the pilot service will be available; 

7 ‘‘(B) establish the duration of the pilot 

8 service; 

9 ‘‘(C) define the terms and conditions of the 

10 pilot service, with the goal of expediting visa 

11 appointments and the interview process for 

12 those electing to pay said fee for the service; 

13 and 

14 ‘‘(D) resources permitting, during the pilot 

15 service, consider the addition of consulates in 

16 locations advantageous to foreign policy objec17 tives or in highly populated locales. 

18 ‘‘(2) FEES.— 

19 ‘‘(A) AUTHORITY TO COLLECT.—The Sec20 retary of State is authorized to collect, and set 

21 the amount of, a fee imposed for the premium 

22 processing service. The Secretary of State shall 

23 set the fee based on all relevant considerations 

24 including, the cost of expedited service. 


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1 ‘‘(B) USE OF FEES.—Fees collected under 

2 the authority of subparagraph (A) shall be de3 posited as an offsetting collection to any De4 partment of State appropriation, to recover the 

5 costs of providing consular services. Such fees 

6 shall remain available for obligation until ex7 pended. 

8 ‘‘(C) RELATIONSHIP TO OTHER FEES.— 

9 Such fee is in addition to any existing fee cur10 rently being collected by the Department of 

11 State. 

12 ‘‘(D) NONREFUNDABLE.—Such fee will be 

13 nonrefundable to the applicant. 

14 ‘‘(3) DESCRIPTION OF PREMIUM PROC15 ESSING.—Premium processing pertains solely to the 

16 expedited scheduling of a visa interview. Utilizing 

17 the premium processing service for an expedited 

18 interview appointment does not establish the appli19 cant’s eligibility for a visa. The Secretary of State 

20 shall, if possible, inform applicants utilizing the pre21 mium processing of potential delays in visa issuance 

22 due to additional screening requirements, including 

23 necessary security-related checks and clearances. 

24 ‘‘(4) REPORT TO CONGRESS.— 


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1 ‘‘(A) REQUIREMENT FOR REPORT.—Not 

2 later than 18 months after the date of the en3 actment of the JOLT Act of 2013, the Sec4 retary of State shall submit to the appropriate 

5 committees of Congress a report on the results 

6 of the pilot service carried out under this sec7 tion. 

8 ‘‘(B) APPROPRIATE COMMITTEES OF CON9 GRESS DEFINED.—In this paragraph, the term 

10 ‘appropriate committees of Congress’ means— 

11 ‘‘(i) the Committee on the Judiciary, 

12 the Committee on Foreign Relations, and 

13 the Committee on Appropriations of the 

14 Senate; and 

15 ‘‘(ii) the Committee on the Judiciary, 

16 the Committee on Foreign Affairs, and the 

17 Committee on Appropriations of the House 

18 of Representatives.’’. 

19 SEC. 4503. ENCOURAGING CANADIAN TOURISM TO THE 

20 UNITED STATES. 

21 Section 214 (8 U.S.C. 1184), as amended by sections 

22 3609, 4233, and 4405, is further amended by adding at 

23 the end the following: 

24 ‘‘(v) CANADIAN RETIREES.— 


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1 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

2 Security may admit as a visitor for pleasure as de3 scribed in section 101(a)(15)(B) any alien for a pe4 riod not to exceed 240 days, if the alien dem5 onstrates, to the satisfaction of the Secretary, that 

6 the alien— 

7 ‘‘(A) is a citizen of Canada; 

8 ‘‘(B) is at least 55 years of age; 

9 ‘‘(C) maintains a residence in Canada; 

10 ‘‘(D) owns a residence in the United States 

11 or has signed a rental agreement for accom12 modations in the United States for the duration 

13 of the alien’s stay in the United States; 

14 ‘‘(E) is not inadmissible under section 212; 

15 ‘‘(F) is not described in any ground of de16 portability under section 237; 

17 ‘‘(G) will not engage in employment or 

18 labor for hire in the United States; and 

19 ‘‘(H) will not seek any form of assistance 

20 or benefit described in section 403(a) of the 

21 Personal Responsibility and Work Opportunity 

22 Reconciliation Act of 1996 (8 U.S.C. 1613(a)). 

23 ‘‘(2) SPOUSE.—The spouse of an alien de24 scribed in paragraph (1) may be admitted under the 

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1 fies the requirements of paragraph (1), other than 

2 subparagraphs (B) and (D). 

3 ‘‘(3) IMMIGRANT INTENT.—In determining eli4 gibility for admission under this subsection, mainte5 nance of a residence in the United States shall not 

6 be considered evidence of intent by the alien to 

7 abandon the alien’s residence in Canada. 

8 ‘‘(4) PERIOD OF ADMISSION.—During any sin9 gle 365-day period, an alien may be admitted as de10 scribed in section 101(a)(15)(B) pursuant to this 

11 subsection for a period not to exceed 240 days, be12 ginning on the date of admission. Unless an exten13 sion is approved by the Secretary, periods of time 

14 spent outside the United States during such 240-day 

15 period shall not toll the expiration of such 240-day 

16 period.’’. 

17 SEC. 4504. RETIREE VISA. 

18 (a) NONIMMIGRANT STATUS.—Section 101(a)(15), 

19 as amended, is further amended by inserting after sub20 paragraph (X) the following: 

21 ‘‘(Y) subject to section 214(w), an alien 

22 who, after the date of the enactment of the 

23 JOLT Act of 2013— 

24 ‘‘(i)(I) uses at least $500,000 in cash 

25 to purchase 1 or more residences in the 


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1 United States, which each sold for more 

2 than 100 percent of the most recent ap3 praised value of such residence, as deter4 mined by the property assessor in the city 

5 or county in which the residence is located; 

6 ‘‘(II) maintains ownership of residen7 tial property in the United States worth at 

8 least $500,000 during the entire period the 

9 alien remains in the United States as a 

10 nonimmigrant described in this subpara11 graph; and 

12 ‘‘(III) resides for more than 180 days 

13 per year in a residence in the United 

14 States that is worth at least $250,000; and 

15 ‘‘(ii) the alien spouse and children of 

16 the alien described in clause (i) if accom17 panying or following to join the alien.’’. 

18 (b) VISA APPLICATION PROCEDURES.—Section 214 

19 (8 U.S.C. 1184), as amended by sections 3609, 4233, 

20 4405, and 4503, is further amended by adding at the end 

21 the following: 

22 ‘‘(w) VISAS OF NONIMMIGRANTS DESCRIBED IN SEC23 TION 101(a)(15)(Y).— 

24 ‘‘(1) The Secretary of Homeland Security shall 

25 authorize the issuance of a nonimmigrant visa to 


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1 any alien described in section 101(a)(15)(Y) who 

2 submits a petition to the Secretary that— 

3 ‘‘(A) demonstrates, to the satisfaction of 

4 the Secretary, that the alien— 

5 ‘‘(i) has purchased a residence in the 

6 United States that meets the criteria set 

7 forth in section 101(a)(15)(Y)(i); 

8 ‘‘(ii) is at least 55 years of age; 

9 ‘‘(iii) possesses health insurance cov10 erage; 

11 ‘‘(iv) is not inadmissible under section 

12 212; and 

13 ‘‘(v) will comply with the terms set 

14 forth in paragraph (2); and 

15 ‘‘(B) includes payment of a fee in an 

16 amount equal to $1,000. 

17 ‘‘(2) An alien who is issued a visa under this 

18 subsection— 

19 ‘‘(A) shall reside in the United States at a 

20 residence that meets the criteria set forth in 

21 section 101(a)(15)(Y)(i) for more than 180 

22 days per year; 

23 ‘‘(B) is not authorized to engage in em24 ployment in the United States, except for em25 ployment that is directly related to the manageVerDate Mar 15 2010 02:25 Oct 04, 2013 Jkt 039200 PO 00000 Frm 00972 Fmt 6652 Sfmt 6201 E:\BILLS\H15.IH H15

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1 ment of the residential property described in 

2 section 101(Y)(i)(II); 

3 ‘‘(C) is not eligible for any form of assist4 ance or benefit described in section 403(a) of 

5 the Personal Responsibility and Work Oppor6 tunity Reconciliation Act of 1996 (8 U.S.C. 

7 1613(a)); and 

8 ‘‘(D) may renew such visa every 3 years 

9 under the same terms and conditions.’’. 

10 (c) USE OF FEE.—Fees collected under section 

11 214(w)(1)(B) of the Immigration and Nationality Act, as 

12 added by subsection (b), shall be deposited in the Com13 prehensive Immigration Reform Trust Fund established 

14 under section 9(a)(1). 

15 SEC. 4505. INCENTIVES FOR FOREIGN VISITORS VISITING 

16 THE UNITED STATES DURING LOW PEAK SEA17 SONS. 

18 The Secretary of State shall make publically avail19 able, on a monthly basis, historical data, for the previous 

20 2 years, regarding the availability of visa appointments for 

21 each visa processing post, to allow applicants to identify 

22 periods of low demand, when wait times tend to be lower. 


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1 SEC. 4506. VISA WAIVER PROGRAM ENHANCED SECURITY 

2 AND REFORM. 

3 (a) DEFINITIONS.—Section 217(c)(1) (8 U.S.C. 

4 1187(c)(1)) is amended to read as follows: 

5 ‘‘(1) AUTHORITY TO DESIGNATE; DEFINI6 TIONS.— 

7 ‘‘(A) AUTHORITY TO DESIGNATE.—The 

8 Secretary of Homeland Security, in consultation 

9 with the Secretary of State, may designate any 

10 country as a program country if that country 

11 meets the requirements under paragraph (2). 

12 ‘‘(B) DEFINITIONS.—In this subsection: 

13 ‘‘(i) APPROPRIATE CONGRESSIONAL

14 COMMITTEES.—The term ‘appropriate con15 gressional committees’ means— 

16 ‘‘(I) the Committee on Foreign 

17 Relations, the Committee on Home18 land Security and Governmental Af19 fairs, and the Committee on the Judi20 ciary of the Senate; and 

21 ‘‘(II) the Committee on Foreign 

22 Affairs, the Committee on Homeland 

23 Security, and the Committee on the 

24 Judiciary of the House of Representa25 tives. 

26 ‘‘(ii) OVERSTAY RATE.— 


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1 ‘‘(I) INITIAL DESIGNATION.—The 

2 term ‘overstay rate’ means, with re3 spect to a country being considered 

4 for designation in the program, the 

5 ratio of— 

6 ‘‘(aa) the number of nation7 als of that country who were ad8 mitted to the United States on 

9 the basis of a nonimmigrant visa 

10 under section 101(a)(15)(B) 

11 whose periods of authorized stay 

12 ended during a fiscal year but 

13 who remained unlawfully in the 

14 United States beyond such peri15 ods; to 

16 ‘‘(bb) the number of nation17 als of that country who were ad18 mitted to the United States on 

19 the basis of a nonimmigrant visa 

20 under section 101(a)(15)(B) 

21 whose periods of authorized stay 

22 ended during that fiscal year. 

23 ‘‘(II) CONTINUING DESIGNA24 TION.—The term ‘overstay rate’ 

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1 tial designation under this section 

2 with respect to a country, the ratio 

3 of— 

4 ‘‘(aa) the number of nation5 als of that country who were ad6 mitted to the United States 

7 under this section or on the basis 

8 of a nonimmigrant visa under 

9 section 101(a)(15)(B) whose pe10 riods of authorized stay ended 

11 during a fiscal year but who re12 mained unlawfully in the United 

13 States beyond such periods; to 

14 ‘‘(bb) the number of nation15 als of that country who were ad16 mitted to the United States 

17 under this section or on the basis 

18 of a nonimmigrant visa under 

19 section 101(a)(15)(B) whose pe20 riods of authorized stay ended 

21 during that fiscal year. 

22 ‘‘(III) COMPUTATION OF OVER23 STAY RATE.—In determining the over24 stay rate for a country, the Secretary 

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1 formation from any available data2 bases to ensure the accuracy of such 

3 rate. 

4 ‘‘(iii) PROGRAM COUNTRY.—The term 

5 ‘program country’ means a country des6 ignated as a program country under sub7 paragraph (A).’’. 

8 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

9 Section 217 (8 U.S.C. 1187) is amended— 

10 (1) by striking ‘‘Attorney General’’ each place 

11 the term appears (except in subsection (c)(11)(B)) 

12 and inserting ‘‘Secretary of Homeland Security’’; 

13 and 

14 (2) in subsection (c)— 

15 (A) in paragraph (2)(C)(iii), by striking 

16 ‘‘Committee on the Judiciary and the Com17 mittee on International Relations of the House 

18 of Representatives and the Committee on the 

19 Judiciary and the Committee on Foreign Rela20 tions of the Senate’’ and inserting ‘‘appropriate 

21 congressional committees’’; 

22 (B) in paragraph (5)(A)(i)(III), by striking 

23 ‘‘Committee on the Judiciary, the Committee on 

24 Foreign Affairs, and the Committee on Home25 land Security, of the House of Representatives 


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1 and the Committee on the Judiciary, the Com2 mittee on Foreign Relations, and the Com3 mittee on Homeland Security and Govern4 mental Affairs of the Senate’’ and inserting 

5 ‘‘appropriate congressional committees’’; and 

6 (C) in paragraph (7), by striking subpara7 graph (E). 

8 (c) DESIGNATION OF PROGRAM COUNTRIES BASED

9 ON OVERSTAY RATES.— 

10 (1) IN GENERAL.—Section 217(c)(2)(A) (8 

11 U.S.C. 1187(c)(2)(A)) is amended to read as fol12 lows: 

13 ‘‘(A) GENERAL NUMERICAL LIMITA14 TIONS.— 

15 ‘‘(i) LOW NONIMMIGRANT VISA RE16 FUSAL RATE.—The percentage of nationals 

17 of that country refused nonimmigrant visas 

18 under section 101(a)(15)(B) during the 

19 previous full fiscal year was not more than 

20 3 percent of the total number of nationals 

21 of that country who were granted or re22 fused nonimmigrant visas under such sec23 tion during such year. 

24 ‘‘(ii) LOW NONIMMIGRANT OVERSTAY

25 RATE.—The overstay rate for that country 


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1 was not more than 3 percent during the 

2 previous fiscal year.’’. 

3 (2) QUALIFICATION CRITERIA.—Section 

4 217(c)(3) (8 U.S.C. 1187(c)(3)) is amended to read 

5 as follows: 

6 ‘‘(3) QUALIFICATION CRITERIA.—After designa7 tion as a program country under section 217(c)(2), 

8 a country may not continue to be designated as a 

9 program country unless the Secretary of Homeland 

10 Security, in consultation with the Secretary of State, 

11 determines, pursuant to the requirements under 

12 paragraph (5), that the designation will be contin13 ued.’’. 

14 (3) INITIAL PERIOD.—Section 217(c) (8 U.S.C. 

15 1187(c)) is amended by striking paragraph (4). 

16 (4) CONTINUING DESIGNATION.—Section 

17 217(c)(5)(A)(i)(II) (8 U.S.C. 1187(c)(5)(A)(i)(II)) is 

18 amended to read as follows: 

19 ‘‘(II) shall determine, 

20 based upon the evaluation in 

21 subclause (I), whether any 

22 such designation under sub23 section (d) or (f), or proba24 tion under subsection (f), 


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1 ought to be continued or ter2 minated;’’. 

3 (5) COMPUTATION OF VISA REFUSAL RATES; 

4 JUDICIAL REVIEW.—Section 217(c)(6) (8 U.S.C. 

5 1187(c)(6)) is amended to read as follows: 

6 ‘‘(6) COMPUTATION OF VISA REFUSAL RATES

7 AND JUDICIAL REVIEW.— 

8 ‘‘(A) COMPUTATION OF VISA REFUSAL

9 RATES.—For purposes of determining the eligi10 bility of a country to be designated as a pro11 gram country, the calculation of visa refusal 

12 rates shall not include any visa refusals which 

13 incorporate any procedures based on, or are 

14 otherwise based on, race, sex, or disability, un15 less otherwise specifically authorized by law or 

16 regulation. 

17 ‘‘(B) JUDICIAL REVIEW.—No court shall 

18 have jurisdiction under this section to review 

19 any visa refusal, the Secretary of State’s com20 putation of a visa refusal rate, the Secretary of 

21 Homeland Security’s computation of an over22 stay rate, or the designation or nondesignation 

23 of a country as a program country.’’. 


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1 (6) VISA WAIVER INFORMATION.—Section 

2 217(c)(7) (8 U.S.C. 1187(c)(7)), as amended by 

3 subsection (b)(2)(C), is further amended— 

4 (A) by striking subparagraphs (B) through 

5 (D); and 

6 (B) by striking ‘‘WAIVER INFORMATION.— 

7 ’’ and all that follows through ‘‘In refusing’’ 

8 and inserting ‘‘WAIVER INFORMATION.—In re9 fusing’’. 

10 (7) WAIVER AUTHORITY.—Section 217(c)(8) (8 

11 U.S.C. 1187(c)(8)) is amended to read as follows: 

12 ‘‘(8) WAIVER AUTHORITY.—The Secretary of 

13 Homeland Security, in consultation with the Sec14 retary of State, may waive the application of para15 graph (2)(A)(i) for a country if— 

16 ‘‘(A) the country meets all other require17 ments of paragraph (2); 

18 ‘‘(B) the Secretary of Homeland Security 

19 determines that the totality of the country’s se20 curity risk mitigation measures provide assur21 ance that the country’s participation in the pro22 gram would not compromise the law enforce23 ment, security interests, or enforcement of the 

24 immigration laws of the United States; 


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1 ‘‘(C) there has been a general downward 

2 trend in the percentage of nationals of the 

3 country refused nonimmigrant visas under sec4 tion 101(a)(15)(B); 

5 ‘‘(D) the country consistently cooperated 

6 with the Government of the United States on 

7 counterterrorism initiatives, information shar8 ing, preventing terrorist travel, and extradition 

9 to the United States of individuals (including 

10 the country’s own nationals) who commit 

11 crimes that violate United States law before the 

12 date of its designation as a program country, 

13 and the Secretary of Homeland Security and 

14 the Secretary of State assess that such coopera15 tion is likely to continue; and 

16 ‘‘(E) the percentage of nationals of the 

17 country refused a nonimmigrant visa under sec18 tion 101(a)(15)(B) during the previous full fis19 cal year was not more than 10 percent of the 

20 total number of nationals of that country who 

21 were granted or refused such nonimmigrant 

22 visas.’’. 

23 (d) TERMINATION OF DESIGNATION; PROBATION.— 

24 Section 217(f) (8 U.S.C. 1187(f)) is amended to read as 

25 follows: 


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1 ‘‘(f) TERMINATION OF DESIGNATION; PROBATION.— 

2 ‘‘(1) DEFINITIONS.—In this subsection: 

3 ‘‘(A) PROBATIONARY PERIOD.—The term 

4 ‘probationary period’ means the fiscal year in 

5 which a probationary country is placed in pro6 bationary status under this subsection. 

7 ‘‘(B) PROGRAM COUNTRY.—The term ‘pro8 gram country’ has the meaning given that term 

9 in subsection (c)(1)(B). 

10 ‘‘(2) DETERMINATION, NOTICE, AND INITIAL

11 PROBATIONARY PERIOD.— 

12 ‘‘(A) DETERMINATION OF PROBATIONARY

13 STATUS AND NOTICE OF NONCOMPLIANCE.—As 

14 part of each program country’s periodic evalua15 tion required by subsection (c)(5)(A), the Sec16 retary of Homeland Security shall determine 

17 whether a program country is in compliance 

18 with the program requirements under subpara19 graphs (A)(ii) through (F) of subsection (c)(2). 

20 ‘‘(B) INITIAL PROBATIONARY PERIOD.—If 

21 the Secretary of Homeland Security determines 

22 that a program country is not in compliance 

23 with the program requirements under subpara24 graphs (A)(ii) through (F) of subsection (c)(2), 

25 the Secretary of Homeland Security shall place 


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1 the program country in probationary status for 

2 the fiscal year following the fiscal year in which 

3 the periodic evaluation is completed. 

4 ‘‘(3) ACTIONS AT THE END OF THE INITIAL

5 PROBATIONARY PERIOD.—At the end of the initial 

6 probationary period of a country under paragraph 

7 (2)(B), the Secretary of Homeland Security shall 

8 take 1 of the following actions: 

9 ‘‘(A) COMPLIANCE DURING INITIAL PROBA10 TIONARY PERIOD.—If the Secretary determines 

11 that all instances of noncompliance with the 

12 program requirements under subparagraphs 

13 (A)(ii) through (F) of subsection (c)(2) that 

14 were identified in the latest periodic evaluation 

15 have been remedied by the end of the initial 

16 probationary period, the Secretary shall end the 

17 country’s probationary period. 

18 ‘‘(B) NONCOMPLIANCE DURING INITIAL

19 PROBATIONARY PERIOD.—If the Secretary de20 termines that any instance of noncompliance 

21 with the program requirements under subpara22 graphs (A)(ii) through (F) of subsection (c)(2) 

23 that were identified in the latest periodic eval24 uation has not been remedied by the end of the 

25 initial probationary period— 


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1 ‘‘(i) the Secretary may terminate the 

2 country’s participation in the program; or 

3 ‘‘(ii) on an annual basis, the Secretary 

4 may continue the country’s probationary 

5 status if the Secretary, in consultation 

6 with the Secretary of State, determines 

7 that the country’s continued participation 

8 in the program is in the national interest 

9 of the United States. 

10 ‘‘(4) ACTIONS AT THE END OF ADDITIONAL

11 PROBATIONARY PERIODS.—At the end of all proba12 tionary periods granted to a country pursuant to 

13 paragraph (3)(B)(ii), the Secretary shall take 1 of 

14 the following actions: 

15 ‘‘(A) COMPLIANCE DURING ADDITIONAL

16 PERIOD.—The Secretary shall end the country’s 

17 probationary status if the Secretary determines 

18 during the latest periodic evaluation required by 

19 subsection (c)(5)(A) that the country is in com20 pliance with the program requirements under 

21 subparagraphs (A)(ii) through (F) of subsection 

22 (c)(2). 

23 ‘‘(B) NONCOMPLIANCE DURING ADDI24 TIONAL PERIODS.—The Secretary shall termi25 nate the country’s participation in the program 


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1 if the Secretary determines during the latest 

2 periodic evaluation required by subsection 

3 (c)(5)(A) that the program country continues to 

4 be in noncompliance with the program require5 ments under subparagraphs (A)(ii) through (F) 

6 of subsection (c)(2). 

7 ‘‘(5) EFFECTIVE DATE.—The termination of a 

8 country’s participation in the program under para9 graph (3)(B) or (4)(B) shall take effect on the first 

10 day of the first fiscal year following the fiscal year 

11 in which the Secretary determines that such partici12 pation shall be terminated. Until such date, nation13 als of the country shall remain eligible for a waiver 

14 under subsection (a). 

15 ‘‘(6) TREATMENT OF NATIONALS AFTER TERMI16 NATION.—For purposes of this subsection and sub17 section (d)— 

18 ‘‘(A) nationals of a country whose designa19 tion is terminated under paragraph (3) or (4) 

20 shall remain eligible for a waiver under sub21 section (a) until the effective date of such ter22 mination; and 

23 ‘‘(B) a waiver under this section that is 

24 provided to such a national for a period de25 scribed in subsection (a)(1) shall not, by such 


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1 termination, be deemed to have been rescinded 

2 or otherwise rendered invalid, if the waiver is 

3 granted prior to such termination. 

4 ‘‘(7) CONSULTATIVE ROLE OF THE SECRETARY

5 OF STATE.—In this subsection, references to sub6 paragraphs (A)(ii) through (F) of subsection (c)(2) 

7 and subsection (c)(5)(A) carry with them the con8 sultative role of the Secretary of State as provided 

9 in those provisions.’’. 

10 (e) REVIEW OF OVERSTAY TRACKING METHOD11 OLOGY.—Not later than 180 days after the date of the 

12 enactment of this Act, the Comptroller General of the 

13 United States shall conduct a review of the methods used 

14 by the Secretary— 

15 (1) to track aliens entering and exiting the 

16 United States; and 

17 (2) to detect any such alien who stays longer 

18 than such alien’s period of authorized admission. 

19 (f) EVALUATION OF ELECTRONIC SYSTEM FOR

20 TRAVEL AUTHORIZATION.—Not later than 90 days after 

21 the date of the enactment of this Act, the Secretary shall 

22 submit to Congress— 

23 (1) an evaluation of the security risks of aliens 

24 who enter the United States without an approved 


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1 Electronic System for Travel Authorization 

2 verification; and 

3 (2) a description of any improvements needed 

4 to minimize the number of aliens who enter the 

5 United States without the verification described in 

6 paragraph (1). 

7 (g) SENSE OF CONGRESS ON PRIORITY FOR REVIEW

8 OF PROGRAM COUNTRIES.—It is the sense of Congress 

9 that the Secretary, in the process of conducting evalua10 tions of countries participating in the visa waiver program 

11 under section 217 of the Immigration and Nationality Act 

12 (8 U.S.C. 1187), should prioritize the reviews of countries 

13 in which circumstances indicate that such a review is nec14 essary or desirable. 

15 (h) ELIGIBILITY OF HONG KONG SPECIAL ADMINIS16 TRATIVE REGION FOR DESIGNATION FOR PARTICIPATION

17 IN VISA WAIVER PROGRAM FOR CERTAIN VISITORS TO

18 THE UNITED STATES.—Section 217(c) (8 U.S.C. 

19 1187(c)) is amended by adding at the end the following 

20 new paragraph: 

21 ‘‘(12) ELIGIBILITY OF CERTAIN REGION FOR

22 DESIGNATION AS PROGRAM COUNTRY.—The Hong 

23 Kong Special Administrative Region of the People’s 

24 Republic of China— 


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1 ‘‘(A) shall be eligible for designation as a 

2 program country for purposes of this sub3 section; and 

4 ‘‘(B) may be designated as a program 

5 country for purposes of this subsection if such 

6 region meets requirements applicable for such 

7 designation in this subsection.’’. 

8 SEC. 4507. EXPEDITING ENTRY FOR PRIORITY VISITORS. 

9 Section 7208(k)(4) of the Intelligence Reform and 

10 Terrorism Prevention Act of 2004 (8 U.S.C. 1365b(k)(4)) 

11 is amended to read as follows: 

12 ‘‘(4) EXPEDITING ENTRY FOR PRIORITY VISI13 TORS.— 

14 ‘‘(A) IN GENERAL.—The Secretary of 

15 Homeland Security may expand the enrollment 

16 across registered traveler programs to include 

17 eligible individuals employed by international 

18 organizations, selected by the Secretary, which 

19 maintain strong working relationships with the 

20 United States. 

21 ‘‘(B) REQUIREMENTS.—An individual may 

22 not be enrolled in a registered traveler program 

23 unless— 


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1 ‘‘(i) the individual is sponsored by an 

2 international organization selected by the 

3 Secretary under subparagraph (A); and 

4 ‘‘(ii) the government that issued the 

5 passport that the individual is using has 

6 entered into a Trusted Traveler Arrange7 ment with the Department of Homeland 

8 Security to participate in a registered trav9 eler program. 

10 ‘‘(C) SECURITY REQUIREMENTS.—An indi11 vidual may not be enrolled in a registered trav12 eler program unless the individual has success13 fully completed all applicable security require14 ments established by the Secretary, including 

15 cooperation from the applicable foreign govern16 ment, to ensure that the individual does not 

17 pose a risk to the United States. 

18 ‘‘(D) DISCRETION.—Except as provided in 

19 subparagraph (E), the Secretary shall retain 

20 unreviewable discretion to offer or revoke en21 rollment in a registered traveler program to any 

22 individual. 

23 ‘‘(E) INELIGIBLE TRAVELERS.—An indi24 vidual who is a citizen of a state sponsor of ter25 rorism (as defined in section 301(13) of the 


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1 Comprehensive Iran Sanctions, Accountability, 

2 and Divestment Act of 2010 (22 U.S.C. 

3 8541(13)) may not be enrolled in a registered 

4 traveler program.’’. 

5 SEC. 4508. VISA PROCESSING. 

6 (a) IN GENERAL.—Notwithstanding any other provi7 sion of law and not later than 90 days after the date of 

8 the enactment of this Act, the Secretary of State shall— 

9 (1) require United States diplomatic and con10 sular missions— 

11 (A) to conduct visa interviews for non12 immigrant visa applications determined to re13 quire a consular interview in an expeditious 

14 manner, consistent with national security re15 quirements, and in recognition of resource allo16 cation considerations, such as the need to en17 sure provision of consular services to citizens of 

18 the United States; 

19 (B) to set a goal of interviewing 80 percent 

20 of all nonimmigrant visa applicants, worldwide, 

21 within 3 weeks of receipt of application, subject 

22 to the conditions outlined in subparagraph (A); 

23 and 

24 (C) to explore expanding visa processing 

25 capacity in China and Brazil, with the goal of 


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1 maintaining interview wait times under 15 work 

2 days on a consistent, year-round basis, recog3 nizing that demand can spike suddenly and un4 predictably and that the first priority of United 

5 States missions abroad is the protection of citi6 zens of the United States; and 

7 (2) submit to the appropriate committees of 

8 Congress a detailed strategic plan that describes the 

9 resources needed to carry out paragraph (1)(A). 

10 (b) APPROPRIATE COMMITTEES OF CONGRESS.—In 

11 this section, the term ‘‘appropriate committees of Con12 gress’’ means— 

13 (1) the Committee on the Judiciary, the Com14 mittee on Foreign Relations, and the Committee on 

15 Appropriations of the Senate; and 

16 (2) the Committee on the Judiciary, the Com17 mittee on Foreign Affairs, and the Committee on 

18 Appropriations of the House of Representatives. 

19 (c) SEMI-ANNUAL REPORT.—Not later than 30 days 

20 after the end of the first 6 months after the implementa21 tion of subsection (a), and not later than 30 days after 

22 the end of each subsequent quarter, the Secretary of State 

23 shall submit to the appropriate committees of Congress 

24 a report that provides— 


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1 (1) data substantiating the efforts of the Sec2 retary of State to meet the requirements and goals 

3 described in subsection (a); 

4 (2) any factors that have negatively impacted 

5 the efforts of the Secretary to meet such require6 ments and goals; and 

7 (3) any measures that the Secretary plans to 

8 implement to meet such requirements and goals. 

9 (d) SAVINGS PROVISION.— 

10 (1) IN GENERAL.—Nothing in subsection (a) 

11 may be construed to affect a consular officer’s au12 thority— 

13 (A) to deny a visa application under sec14 tion 221(g) of the Immigration and Nationality 

15 Act (8 U.S.C. 1201(g)); or 

16 (B) to initiate any necessary or appro17 priate security-related check or clearance. 

18 (2) SECURITY CHECKS.—The completion of a 

19 security-related check or clearance shall not be sub20 ject to the time limits set out in subsection (a). 

21 SEC. 4509. B VISA FEE. 

22 Section 281 (8 U.S.C. 1351), as amended by sections 

23 4105, 4407, and 4408, is further amended by adding at 

24 the end the following: 


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1 ‘‘(g) B VISA FEE.—In addition to the fees authorized 

2 under subsection (a), the Secretary of Homeland Security 

3 shall collect a $5 fee from each nonimmigrant admitted 

4 under section 101(a)(15)(B). Fees collected under this 

5 subsection shall be deposited into the Comprehensive Im6 migration Reform Trust Fund established under section 

7 9(a)(1) of the Border Security, Economic Opportunity, 

8 and Immigration Modernization Act.’’. 

9 Subtitle F—Reforms to the H–2B 

10 Visa Program 

11 SEC. 4601. EXTENSION OF RETURNING WORKER EXEMP12 TION TO H–2B NUMERICAL LIMITATION. 

13 (a) IN GENERAL.— 

14 (1) IN GENERAL.—Subparagraph (A) of para15 graph (10) of section 214(g) (8 U.S.C. 1184(g)), as 

16 redesignated by section 4101(a)(3), is amended by 

17 striking ‘‘fiscal year 2004, 2005, or 2006 shall not 

18 again be counted toward such limitation during fis19 cal year 2007.’’ and inserting ‘‘fiscal year 2013 shall 

20 not again be counted toward such limitation during 

21 fiscal years 2014 through 2018.’’. 

22 (2) EFFECTIVE PERIOD.—The amendment 

23 made by paragraph (1) shall be effective during the 

24 period beginning on the effective date described in 

25 subsection (c) and ending on September 30, 2018. 


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1 (b) TECHNICAL AND CLARIFYING AMENDMENTS.— 

2 (1) NONIMMIGRANT STATUS.—Section 

3 101(a)(15)(P) (8 U.S.C. 1101(a)(15)(P)) is amend4 ed— 

5 (A) in clause (iii), by striking ‘‘or’’ at the 

6 end; 

7 (B) in clause (iv), by striking ‘‘clause (i), 

8 (ii), or (iii),’’ and inserting ‘‘clause (i), (ii), (iii), 

9 or (iv)’’; 

10 (C) by redesignating clause (iv) as clause 

11 (v); and 

12 (D) by inserting after clause (iii) the fol13 lowing: 

14 ‘‘(iv) is a ski instructor, who has been 

15 certified as a level I, II, or III ski and 

16 snowboard instructor by the Professional 

17 Ski Instructors of America or the Amer18 ican Association of Snowboard Instructors, 

19 or received an equivalent certification in 

20 the alien’s country of origin, and is seeking 

21 to enter the United States temporarily to 

22 perform instructing services; or’’. 

23 (2) AUTHORIZED PERIOD OF STAY; NUMERICAL

24 LIMITATION.—Section 214(a)(2)(B) (8 U.S.C. 

25 1184(a)(2)(B)) is amended in the second sentence— 


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1 (A) by inserting ‘‘or ski instructors’’ after 

2 ‘‘athletes’’; and 

3 (B) by inserting ‘‘or ski instructor’’ after 

4 ‘‘athlete’’. 

5 (3) CONSTRUCTION.—Nothing in the amend6 ments made by this subsection may be construed as 

7 preventing an alien who is a ski instructor from ob8 taining nonimmigrant status under section 

9 101(a)(15)(H)(ii)(b) of the Immigration and Nation10 ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) if such 

11 alien is otherwise qualified for such status. 

12 (c) EFFECTIVE DATE.—The amendment made by 

13 subsection (a) shall take effect as if enacted on January 

14 1, 2013. 

15 SEC. 4602. OTHER REQUIREMENTS FOR H–2B EMPLOYERS. 

16 Section 214 (8 U.S.C. 1184), as amended by sections 

17 3609, 4233, 4405, 4503, and 4504, is further amended 

18 by adding at the end the following: 

19 ‘‘(x) REQUIREMENTS FOR H–2B EMPLOYERS.— 

20 ‘‘(1) H–2B NONIMMIGRANT DEFINED.—In this 

21 subsection the term ‘H–2B nonimmigrant’ means an 

22 alien admitted to the United States pursuant to sec23 tion 101(a)(15)(H)(ii)(B). 

24 ‘‘(2) NON-DISPLACEMENT OF UNITED STATES

25 WORKERS.—An employer who seeks to employ an 


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1 H–2B nonimmigrant admitted in an occupational 

2 classification shall certify and attest that the em3 ployer did not displace and will not displace a 

4 United States worker employed by the employer in 

5 the same metropolitan statistical area where such 

6 nonimmigrant will be hired within the period begin7 ning 90 days before the start date and ending on the 

8 end date for which the employer is seeking the serv9 ices of such nonimmigrant as specified on an appli10 cation for labor certification under this Act. 

11 ‘‘(3) TRANSPORTATION COSTS.—The employer 

12 shall pay the transportation costs, including reason13 able subsistence costs during the period of travel, for 

14 an H–2B nonimmigrant hired by the employer— 

15 ‘‘(A) from the place of recruitment to the 

16 place of such nonimmigrant’s employment; and 

17 ‘‘(B) from the place of employment to such 

18 nonimmigrant’s place of permanent residence or 

19 a subsequent worksite. 

20 ‘‘(4) PAYMENT OF FEES.—A fee related to the 

21 hiring of an H–2B nonimmigrant required to be 

22 paid by an employer under this Act shall be paid by 

23 the employer and may not be deducted from the 

24 wages or other compensation paid to an H–2B non25 immigrant. 


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1 ‘‘(5) H–2B NONIMMIGRANT LABOR CERTIFI2 CATION APPLICATION FEE.— 

3 ‘‘(A) IN GENERAL.—To recover costs of 

4 carrying out labor certification activities under 

5 the H–2B program, the Secretary of Labor 

6 shall impose a $500 fee on an employer that 

7 submits an application for an employment cer8 tification for aliens granted H–2B non9 immigrant status to the Secretary of Labor 

10 under this subparagraph on or after the date 

11 that is 30 days after the date of the enactment 

12 of the Illegal Immigration Reform and Immi13 grant Responsibility Act of 1996.’’. 

14 ‘‘(B) USE OF FEES.—The fees collected 

15 under subparagraph (A) shall be deposited in 

16 the Comprehensive Immigration Reform Trust 

17 Fund established under section 9 of the Border 

18 Security, Economic Opportunity, and Immigra19 tion Modernization Act.’’. 

20 SEC. 4603. EXECUTIVES AND MANAGERS. 

21 Section 214(a)(1) (8 U.S.C. 1184(a)(1)) is amended 

22 by adding at the end the following: ‘‘Aliens admitted under 

23 section 101(a)(15) should include— 

24 ‘‘(A) executives and managers employed by a 

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1 iate or subsidiary thereof who are principally sta2 tioned abroad and who seek to enter the United 

3 States for periods of 90 days or less to oversee and 

4 observe the United States operations of their related 

5 companies, and establish strategic objectives when 

6 needed; or 

7 ‘‘(B) employees of multinational corporations 

8 who enter the United States to observe the oper9 ations of a related United States company and par10 ticipate in select leadership and development train11 ing activities, whether or not the activity is part of 

12 a formal or classroom training program for a period 

13 not to exceed 180 days. 

14 Nonimmigrant aliens admitted pursuant to section 

15 101(a)(15) and engaged in the activities described in 

16 the subparagraph (A) or (B) may not receive a sal17 ary from a United States source, except for inci18 dental expenses for meals, travel, lodging and other 

19 basic services.’’. 

20 SEC. 4604. HONORARIA. 

21 Section 212(q) (8 U.S.C. 1182(q)) is amended to 

22 read as follows: 

23 ‘‘(q)(1) Any alien admitted under section 

24 101(a)(15)(B) may accept an honorarium payment and 

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1 ity or activities (lasting not longer than 9 days at any sin2 gle institution), as defined by the Attorney General in con3 sultation with the Secretary of Education, or for a per4 formance, appearance and participation in United States 

5 based programming, including scripted or unscripted pro6 gramming (with services not rendered for more than 60 

7 days in a 6 month period) if the alien has received a letter 

8 of invitation from the institution, organization, or media 

9 outlet, such payment is offered by an institution, organiza10 tion, or media outlet described in paragraph (2) and is 

11 made for services conducted for the benefit of that institu12 tion, entity or media outlet and if the alien has not accept13 ed such payment or expenses from more than 5 institu14 tions, organizations, or media outlets in the previous 6- 

15 month period. Any alien who is admitted under section 

16 101(a)(15)(B) or any other valid visa may perform serv17 ices under this section without reentering the United 

18 States and without a letter of invitation, if the alien does 

19 not receive any remuneration including an honorarium 

20 payment or incidental expenses, but may receive prize 

21 money. 

22 ‘‘(2) An institution, organization, or media outlet de23 scribed in this paragraph— 

24 ‘‘(A) an institution of higher education (as de25 fined in section 101(a) of the Higher Education Act 


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1 of 1965 (20 U.S.C. 1001(a))) or a related or affili2 ated nonprofit entity; 

3 ‘‘(B) a nonprofit research organization or a 

4 governmental research organization; and 

5 ‘‘(C) a broadcast network, cable entity, produc6 tion company, new media, Internet and mobile based 

7 companies, who create or distribute programming 

8 content.’’. 

9 SEC. 4605. NONIMMIGRANTS PARTICIPATING IN RELIEF OP10 ERATIONS. 

11 Section 214 (8 U.S.C. 1184), as amended by sections 

12 3609, 4233, 4405, 4503, 4504, and 4602, is further 

13 amended by adding at the end following: 

14 ‘‘(y) NONIMMIGRANTS PARTICIPATING IN RELIEF

15 OPERATIONS.— 

16 ‘‘(1) IN GENERAL.—An alien coming individ17 ually, or aliens coming as a group, to participate in 

18 relief operations, including critical infrastructure re19 pairs or improvements, needed in response to a Fed20 eral or State declared emergency or disaster, may be 

21 admitted to the United States pursuant to section 

22 101(a)(15)(B) for a period of not more than 90 days 

23 if each such alien has been employed in a foreign 

24 country by 1 employer for not less than 1 year prior 

25 to the date the alien is so admitted. 


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1 ‘‘(2) PROHIBITION ON DIRECT PAYMENTS FROM

2 A UNITED STATES SOURCE.—During a period of ad3 mission pursuant to paragraph (1), an alien may not 

4 receive direct payments from a United States source, 

5 except for incidental expenses for meals, travel, lodg6 ing, and other basic services.’’. 

7 SEC. 4606. NONIMMIGRANTS PERFORMING MAINTENANCE 

8 ON COMMON CARRIERS. 

9 Section 214 (8 U.S.C. 1184), as amended by sections 

10 3609, 4233, 4405, 4503, 4504, 4602, and 4603, is further 

11 amended by adding at the end following: 

12 ‘‘(z) NONIMMIGRANTS PERFORMING MAINTENANCE

13 ON COMMON CARRIER.— 

14 ‘‘(1) IN GENERAL.—An alien coming individ15 ually, or aliens coming as a group, who possess spe16 cialized knowledge to perform maintenance or re17 pairs for common carriers, including to airlines, 

18 cruise lines, and railways, if such maintenance or re19 pairs are occurring to equipment or machinery man20 ufactured outside of the United States and are need21 ed for purposes relating to life, health, and safety, 

22 may be admitted to the United States pursuant to 

23 section 101(a)(15)(B) for a period of not more than 

24 90 days if each such alien has been employed in a 


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1 foreign country by 1 employer for not less than 1 

2 year prior to the date the alien is so admitted. 

3 ‘‘(2) PROHIBITION ON INCOME FROM A UNITED

4 STATES SOURCE.—During a period of admission 

5 pursuant to paragraph (1), an alien may not receive 

6 income from a United States source, except for inci7 dental expenses for meals, travel, lodging, and other 

8 basic services. 

9 ‘‘(3) FEE.— 

10 ‘‘(A) IN GENERAL.—An alien admitted 

11 pursuant to paragraph (1) shall pay a fee of 

12 $500 in addition to any fee assessed to cover 

13 the costs to process an application under this 

14 subsection. 

15 ‘‘(B) USE OF FEE.—The fees collected 

16 under subparagraph (A) shall be deposited in 

17 the Comprehensive Immigration Reform Trust 

18 Fund established under section 9(a)(1) of the 

19 Border Security, Economic Opportunity, and 

20 Immigration Modernization Act.’’. 

21 SEC. 4607. AMERICAN JOBS IN AMERICAN FORESTS. 

22 (a) SHORT TITLE.—This section may be cited as the 

23 ‘‘American Jobs in American Forests Act of 2013’’. 

24 (b) DEFINITIONS.—In this section: 

25 (1) FORESTRY.—The term ‘‘forestry’’ means— 


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1 (A) propagating, protecting, and managing 

2 forest tracts; 

3 (B) felling trees and cutting them into 

4 logs; 

5 (C) using hand tools or operating heavy 

6 powered equipment to perform activities such as 

7 preparing sites for planting, tending crop trees, 

8 reducing competing vegetation, moving logs, pil9 ing brush, and yarding and trucking logs from 

10 the forest; and 

11 (D) planting seedlings and trees. 

12 (2) H–2B NONIMMIGRANT.—The term ‘‘H–2B 

13 nonimmigrant’’ means a nonimmigrant described in 

14 section 101(a)(15)(H)(ii)(b) of the Immigration and 

15 Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)). 

16 (3) PROSPECTIVE H–2B EMPLOYER.—The term 

17 ‘‘prospective H–2B employer’’ means a United 

18 States business that is considering employing 1 or 

19 more nonimmigrants described in section 

20 101(a)(15)(H)(ii)(b) of the Immigration and Nation21 ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)). 

22 (4) STATE WORKFORCE AGENCY.—Except as 

23 used in subsection (c), the term ‘‘State workforce 

24 agency’’ means the workforce agency of the State in 


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1 which the prospective H–2B employer intends to em2 ploy H–2B nonimmigrants. 

3 (c) DEPARTMENT OF LABOR.— 

4 (1) RECRUITMENT.—As a component of the 

5 labor certification process required before H–2B 

6 nonimmigrants are offered forestry employment in 

7 the United States, the Secretary of Labor shall re8 quire all prospective H–2B employers, before they 

9 submit a petition to hire H–2B nonimmigrants to 

10 work in forestry, to conduct a robust effort to re11 cruit United States workers, including, to the extent 

12 the State workforce agency considers appropriate— 

13 (A) advertising at employment or job14 placement events, such as job fairs; 

15 (B) advertising with State or local work16 force agencies, nonprofit organizations, or other 

17 appropriate entities, and working with such en18 tities to identify potential employees; 

19 (C) advertising in appropriate media, in20 cluding local radio stations and commonly used, 

21 reputable Internet job-search sites; and 

22 (D) such other recruitment strategies as 

23 the State workforce agency considers appro24 priate for the sector or positions for which H– 

25 2B nonimmigrants would be considered. 


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1 (2) SEPARATE PETITIONS.—A prospective H– 

2 2B employer shall submit a separate petition for 

3 each State in which the employer plans to employ 

4 H–2B nonimmigrants in forestry for a period of 7 

5 days or longer. 

6 (d) STATE WORKFORCE AGENCIES.—The Secretary 

7 of Labor may not grant a temporary labor certification 

8 to a prospective H–2B employer seeking to employ H–2B 

9 nonimmigrants in forestry until after the Director of the 

10 State workforce agency— 

11 (1) has, after formally consulting with the 

12 workforce agency director of each contiguous State 

13 listed on the prospective H–2B employer’s applica14 tion, determined that— 

15 (A) the employer has complied with all re16 cruitment requirements set forth in subsection 

17 (c) and there is a legitimate demand for the 

18 employment of H–2B nonimmigrants in each of 

19 those States; or 

20 (B) the employer has amended the applica21 tion by removing or making appropriate modi22 fications with respect to the States in which the 

23 criteria set forth in subparagraph (A) have not 

24 been met; 


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1 (2) certifies that the prospective H–2B em2 ployer has complied with all recruitment require3 ments set forth in subsection (c) or any other appli4 cable provision of law; and 

5 (3) makes a formal determination that nation6 als of the United States are not qualified or avail7 able to fill the employment opportunities offered by 

8 the prospective H–2B employer. 

9 Subtitle G—W Nonimmigrant Visas 

10 SEC. 4701. BUREAU OF IMMIGRATION AND LABOR MARKET 

11 RESEARCH. 

12 (a) DEFINITIONS.—In this section: 

13 (1) BUREAU.—Except as otherwise specifically 

14 provided, the term ‘‘Bureau’’ means the Bureau of 

15 Immigration and Labor Market Research established 

16 under subsection (b). 

17 (2) COMMISSIONER.—The term ‘‘Commis18 sioner’’ means the Commissioner of the Bureau. 

19 (3) CONSTRUCTION OCCUPATION.—The term 

20 ‘‘construction occupation’’ means an occupation clas21 sified by the Bureau of Labor Statistics as being 

22 within the construction industry for the purposes of 

23 publishing the Bureau’s workforce statistics. 

24 (4) METROPOLITAN STATISTICAL AREA.—The 

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1 graphic area designated as a metropolitan statistical 

2 area by the Director of the Office of Management 

3 and Budget. 

4 (5) SHORTAGE OCCUPATION.—The term ‘‘short5 age occupation’’ means an occupation that the Com6 missioner determines is experiencing a shortage of 

7 labor— 

8 (A) throughout the United States; or 

9 (B) in a specific metropolitan statistical 

10 area. 

11 (6) W VISA PROGRAM.—The term ‘‘W Visa Pro12 gram’’ means the program for the admission of non13 immigrant aliens described in subparagraph (W)(i) 

14 of section 101(a)(15) of the Immigration and Na15 tionality Act (8 U.S.C. 1101(a)(15)), as added by 

16 section 4702. 

17 (7) ZONE 1 OCCUPATION.—The term ‘‘zone 1 

18 occupation’’ means an occupation that requires little 

19 or no preparation and is classified as a zone 1 occu20 pation on— 

21 (A) the Occupational Information Network 

22 Database (O*NET) on the date of the enact23 ment of this Act; or 

24 (B) such Database or a similar successor 

25 database, as designated by the Secretary of 


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1 Labor, after the date of the enactment of this 

2 Act. 

3 (8) ZONE 2 OCCUPATION.—The term ‘‘zone 2 

4 occupation’’ means an occupation that requires some 

5 preparation and is classified as a zone 2 occupation 

6 on— 

7 (A) the Occupational Information Network 

8 Database (O*NET) on the date of the enact9 ment of this Act; or 

10 (B) such Database or a similar successor 

11 database, as designated by the Secretary of 

12 Labor, after the date of the enactment of this 

13 Act. 

14 (9) ZONE 3 OCCUPATION.—The term ‘‘zone 3 

15 occupation’’ means an occupation that requires me16 dium preparation and is classified as a zone 3 occu17 pation on— 

18 (A) the Occupational Information Network 

19 Database (O*NET) on the date of the enact20 ment of this Act; or 

21 (B) such Database or a similar successor 

22 database, as designated by the Secretary of 

23 Labor, after the date of the enactment of this 

24 Act. 


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1 (b) ESTABLISHMENT.—There is established a Bureau 

2 of Immigration and Labor Market Research as an inde3 pendent statistical agency within U.S. Citizenship and Im4 migration Services. 

5 (c) COMMISSIONER.—The head of the Bureau of Im6 migration and Labor Market Research is the Commis7 sioner, who shall be appointed by the President, by and 

8 with the advice and consent of the Senate. 

9 (d) DUTIES.—The duties of the Commissioner are 

10 limited to the following: 

11 (1) To devise a methodology subject to publica12 tion in the Federal Register and an opportunity for 

13 public comment regarding the calculation for the 

14 index referred to in section 220(g)(2)(C) of the Im15 migration and Nationality Act, as added by section 

16 4703. 

17 (2) To determine and to publish in the Federal 

18 Register the annual change to the numerical limita19 tion for nonimmigrant aliens described in subpara20 graph (W)(i) of section 101(a)(15) of the Immigra21 tion and Nationality Act (8 U.S.C. 1101(a)(15)), as 

22 added by section 4702. 

23 (3) With respect to the W Visa Program, to 

24 supplement the recruitment methods employers may 


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1 use to attract United States workers and current 

2 nonimmigrant aliens described in paragraph (2). 

3 (4) With respect to the W Visa Program, to de4 vise a methodology subject to publication in the Fed5 eral Register and an opportunity for public comment 

6 to designate shortage occupations in zone 1 occupa7 tions, zone 2 occupations, and zone 3 occupations. 

8 (5) With respect to the W Visa Program, to 

9 designate shortage occupations in any zone 1 occu10 pation, zone 2 occupation, or zone 3 occupation and 

11 publish such occupations in the Federal Register. 

12 (6) With respect to the W Visa Program, to 

13 conduct a survey once every 3 months of the unem14 ployment rate of zone 1 occupations, zone 2 occupa15 tions, or zone 3 occupations that are construction 

16 occupations in each metropolitan statistical area. 

17 (7) To study and report to Congress on employ18 ment-based immigrant and nonimmigrant visa pro19 grams in the United States and to make annual rec20 ommendations to improve such programs. 

21 (8) To carry out any functions required to per22 form the duties described in paragraphs (1) through 

23 (7). 

24 (e) DETERMINATION OF CHANGES TO NUMERICAL

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1 section (d)(1) shall be published in the Federal Register 

2 not later than 18 months after the date of the enactment 

3 of this Act. 

4 (f) DESIGNATION OF SHORTAGE OCCUPATIONS.— 

5 (1) METHODS TO DETERMINE.—The Commis6 sioner shall— 

7 (A) establish the methodology to designate 

8 shortage occupations under subsection (d)(4); 

9 and 

10 (B) publish such methodology in the Fed11 eral Register not later than 18 months after the 

12 date of the enactment of this Act. 

13 (2) PETITION BY EMPLOYER.—The method14 ology established under paragraph (1) shall permit 

15 an employer to petition the Commissioner for a de16 termination that a particular occupation in a par17 ticular metropolitan statistical area is a shortage oc18 cupation. 

19 (3) REQUIREMENT FOR NOTICE AND COM20 MENT.—The methodology established under para21 graph (1) shall be effective only after publication in 

22 the Federal Register and an opportunity for public 

23 comment. 

24 (g) EMPLOYEE EXPERTISE.—The employees of the 

25 Bureau shall have the expertise necessary to identify labor 


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1 shortages in the United States and make recommenda2 tions to the Commissioner on the impact of immigrant and 

3 nonimmigrant aliens on labor markets in the United 

4 States, including expertise in economics, labor markets, 

5 demographics and methods of recruitment of United 

6 States workers. 

7 (h) INTERAGENCY COOPERATION.—At the request of 

8 the Commissioner, the Secretary of Commerce, the Direc9 tor of the Bureau of the Census, the Secretary of Labor, 

10 and the Commissioner of the Bureau of Labor Statistics 

11 shall— 

12 (1) provide data to the Commissioner; 

13 (2) conduct appropriate surveys; and 

14 (3) assist the Commissioner in preparing the 

15 recommendations referred to subsection (d)(5). 

16 (i) BUDGET.— 

17 (1) REPORT.—Not later than 1 year after the 

18 date of the enactment of this Act, the Director of 

19 U.S. Citizenship and Immigration Services shall sub20 mit to Congress a report of the estimated budget 

21 that the Bureau will need to carry out the duties de22 scribed in subsection (d). 

23 (2) AUDIT.—The Comptroller General of the 

24 United States shall submit to Congress a report that 


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1 is an audit of the budget prepared by the Director 

2 under paragraph (1). 

3 (j) FUNDING.— 

4 (1) APPROPRIATION OF FUNDS.—There is here5 by appropriated, out of any money in the Treasury 

6 not otherwise appropriated, $20,000,000 to establish 

7 the Bureau. 

8 (2) USE OF W NONIMMIGRANT FEES.—The 

9 amounts collected for fees under section 

10 220(e)(6)(B) of the Immigration and Nationality 

11 Act, as added by section 4703, shall be used to es12 tablish and fund the Bureau. 

13 (3) OTHER FEES.—The Secretary may establish 

14 other fees for the sole purpose of funding the W 

15 Visa Program, including the Bureau, that are re16 lated to the hiring of alien workers. 

17 SEC. 4702. NONIMMIGRANT CLASSIFICATION FOR W NON18 IMMIGRANTS. 

19 Section 101(a)(15)(W), as added by section 2211, is 

20 amended by inserting before clause (iii) the following: 

21 ‘‘(i) to perform services or labor for a 

22 registered nonagricultural employer in a 

23 registered position (as those terms are de24 fined in section 220(a)) in accordance with 

25 the requirements under section 220; 


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1 ‘‘(ii) to accompany or follow to join 

2 such an alien described in clause (i) as the 

3 spouse or child of such alien;’’. 

4 SEC. 4703. ADMISSION OF W NONIMMIGRANT WORKERS. 

5 (a) IN GENERAL.—Chapter 2 of title II (8 U.S.C. 

6 1181 et seq.) is amended by adding at the end the fol7 lowing: 

8 ‘‘SEC. 220. ADMISSION OF W NONIMMIGRANT WORKERS. 

9 ‘‘(a) DEFINITIONS.—In this section: 

10 ‘‘(1) BUREAU.—The term ‘Bureau’ means the 

11 Bureau of Immigration and Labor Market Research 

12 established by section 4701 of the Illegal Immigra13 tion Reform and Immigrant Responsibility Act of 

14 1996. 

15 ‘‘(2) CERTIFIED ALIEN.—The term ‘certified 

16 alien’ means an alien that the Secretary of State has 

17 certified is eligible to be a W nonimmigrant if the 

18 alien is hired by a registered employer for a reg19 istered position. 

20 ‘‘(3) COMMISSIONER.—The term ‘Commis21 sioner’ means the Commissioner of the Bureau. 

22 ‘‘(4) CONSTRUCTION OCCUPATION.—The term 

23 ‘construction occupation’ means an occupation de24 fined by the Bureau of Labor Statistics as being 


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1 within the construction industry for the purposes of 

2 publishing the Bureau’s workforce statistics. 

3 ‘‘(5) DEPARTMENT.—Except as otherwise pro4 vided, the term ‘Department’ means the Department 

5 of Homeland Security. 

6 ‘‘(6) ELIGIBLE OCCUPATION.—The term ‘eligi7 ble occupation’ means an eligible occupation de8 scribed in subsection (e)(3). 

9 ‘‘(7) EMPLOYER.— 

10 ‘‘(A) IN GENERAL.—The term ‘employer’ 

11 means any person or entity hiring an individual 

12 for employment in the United States. 

13 ‘‘(B) TREATMENT OF SINGLE EM14 PLOYER.—For purposes of determining the 

15 number of employees or United States workers 

16 employed by an employer, a single entity shall 

17 be treated as 1 employer. 

18 ‘‘(8) EXCLUDED GEOGRAPHIC LOCATION.—The 

19 term ‘excluded geographic location’ means an ex20 cluded geographic location described in subsection 

21 (f). 

22 ‘‘(9) INITIAL W NONIMMIGRANT.—The term 

23 ‘initial W nonimmigrant’ means a certified alien 

24 issued a W nonimmigrant visa by the Secretary of 

25 State pursuant to section 101(a)(15)(W)(i) in order 


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1 to seek initial admission to the United States to 

2 commence employment for a registered employer in 

3 a registered position subject to the numerical limit 

4 at section 220(g). 

5 ‘‘(10) METROPOLITAN STATISTICAL AREA.— 

6 The term ‘metropolitan statistical area’ means a ge7 ographic area designated as a metropolitan statis8 tical area by the Director of the Office of Manage9 ment and Budget. 

10 ‘‘(11) REGISTERED EMPLOYER.—The term 

11 ‘registered employer’ means a nonagricultural em12 ployer that the Secretary has designated as a reg13 istered employer under subsection (d). 

14 ‘‘(12) SECRETARY.—Except as otherwise spe15 cifically provided, the term ‘Secretary’ means the 

16 Secretary of Homeland Security. 

17 ‘‘(13) SINGLE ENTITY.—The term ‘single enti18 ty’ means any group treated as a single employer 

19 under subsection (b), (c), (m), or (o) of section 414 

20 of the Internal Revenue Code of 1986. 

21 ‘‘(14) SHORTAGE OCCUPATION.—The term 

22 ‘shortage occupation’ means a shortage occupation 

23 designated by the Commissioner pursuant to section 

24 4701(d)(4) of the Illegal Immigration Reform and 

25 Immigrant Responsibility Act of 1996. 


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1 ‘‘(15) SMALL BUSINESS.—The term ‘small busi2 ness’ means an employer that employs 25 or fewer 

3 full-time equivalent employees. 

4 ‘‘(16) UNITED STATES WORKER.—The term 

5 ‘United States worker’ means an individual who is— 

6 ‘‘(A) employed or seeking employment in 

7 the United States; and 

8 ‘‘(B)(i) a national of the United States; 

9 ‘‘(ii) an alien lawfully admitted for perma10 nent residence; 

11 ‘‘(iii) an alien in Registered Provisional 

12 Immigrant Status; or 

13 ‘‘(iv) any other alien authorized to work in 

14 the United States with no limitation as to the 

15 alien’s employer. 

16 ‘‘(17) W NONIMMIGRANT.—The term ‘W non17 immigrant’ means an alien admitted as a non18 immigrant pursuant to section 101(a)(15)(W)(i). 

19 ‘‘(18) W NONIMMIGRANT VISA.—The term ‘W 

20 nonimmigrant visa’ means a visa issued to a cer21 tified alien by the Secretary of State pursuant to 

22 section 101(a)(15)(W)(i). 

23 ‘‘(19) W VISA PROGRAM.—The term ‘W Visa 

24 Program’ means the program for the admission of 


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1 nonimmigrant aliens described in section 

2 101(a)(15)(W)(i). 

3 ‘‘(20) ZONE 1 OCCUPATION.—The term ‘zone 1 

4 occupation’ means an occupation that requires little 

5 or no preparation and is classified as a zone 1 occu6 pation on— 

7 ‘‘(A) the Occupational Information Net8 work Database (O*NET) on the date of the en9 actment of the Illegal Immigration Reform and 

10 Immigrant Responsibility Act of 1996; or 

11 ‘‘(B) such Database or a similar successor 

12 database, as designated by the Secretary of 

13 Labor, after the date of the enactment of the 

14 Illegal Immigration Reform and Immigrant Re15 sponsibility Act of 1996. 

16 ‘‘(21) ZONE 2 OCCUPATION.—The term ‘zone 2 

17 occupation’ means an occupation that requires some 

18 preparation and is classified as a zone 2 occupation 

19 on— 

20 ‘‘(A) the Occupational Information Net21 work Database (O*NET) on the date of the en22 actment of the Illegal Immigration Reform and 

23 Immigrant Responsibility Act of 1996; or 

24 ‘‘(B) such Database or a similar successor 

25 database, as designated by the Secretary of 


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1 Labor, after the date of the enactment of the 

2 Illegal Immigration Reform and Immigrant Re3 sponsibility Act of 1996. 

4 ‘‘(22) ZONE 3 OCCUPATION.—The term ‘zone 3 

5 occupation’ means an occupation that requires me6 dium preparation and is classified as a zone 3 occu7 pation on— 

8 ‘‘(A) the Occupational Information Net9 work Database (O*NET) on the date of the en10 actment of the Illegal Immigration Reform and 

11 Immigrant Responsibility Act of 1996; or 

12 ‘‘(B) such Database or a similar successor 

13 database, as designated by the Secretary of 

14 Labor, after the date of the enactment of the 

15 Illegal Immigration Reform and Immigrant Re16 sponsibility Act of 1996. 

17 ‘‘(b) ADMISSION INTO THE UNITED STATES.— 

18 ‘‘(1) W NONIMMIGRANTS.—Subject to this sec19 tion, a certified alien is eligible to be admitted to the 

20 United States as a W nonimmigrant if the alien is 

21 hired by a registered employer for employment in a 

22 registered position in a location that is not an ex23 cluded geographic location. 

24 ‘‘(2) SPOUSE AND MINOR CHILDREN.—The— 


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1 ‘‘(A) alien spouse and minor children of a 

2 W nonimmigrant may be admitted to the 

3 United States pursuant to clause (ii) of section 

4 101(a)(15)(W) during the period of the prin5 cipal W nonimmigrant’s admission; and 

6 ‘‘(B) such alien spouse shall be— 

7 ‘‘(i) authorized to engage in employ8 ment in the United States during such pe9 riod of admission; and 

10 ‘‘(ii) provided with an employment au11 thorization document, stamp, or other ap12 propriate work permit. 

13 ‘‘(c) W NONIMMIGRANTS.— 

14 ‘‘(1) CERTIFIED ALIEN.— 

15 ‘‘(A) APPLICATION.—An alien seeking to 

16 be a W nonimmigrant shall apply to the Sec17 retary of State at a United States embassy or 

18 consulate in a foreign country to be a certified 

19 alien. 

20 ‘‘(B) CRITERIA.—An alien is eligible to be 

21 a certified alien if the alien— 

22 ‘‘(i) is not inadmissible under this 

23 Act; 

24 ‘‘(ii) passes a criminal background 

25 check; 


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1 ‘‘(iii) agrees to accept only registered 

2 positions in the United States; and 

3 ‘‘(iv) meets other criteria as estab4 lished by the Secretary. 

5 ‘‘(2) W NONIMMIGRANT STATUS.—Only an alien 

6 that is a certified alien may be admitted to the 

7 United States as a W nonimmigrant. 

8 ‘‘(3) INITIAL EMPLOYMENT.—A W non9 immigrant shall report to such nonimmigrant’s ini10 tial employment in a registered position not later 

11 than 14 days after such nonimmigrant is admitted 

12 to the United States. 

13 ‘‘(4) TERM OF ADMISSION.— 

14 ‘‘(A) INITIAL TERM.—A certified alien may 

15 be granted W nonimmigrant status for an ini16 tial period of 3 years. 

17 ‘‘(B) RENEWAL.—A W nonimmigrant may 

18 renew his or her status as a W nonimmigrant 

19 for additional 3-year periods. Such a renewal 

20 may be made while the W nonimmigrant is in 

21 the United States and shall not require the 

22 alien to depart the United States. 

23 ‘‘(5) PERIODS OF UNEMPLOYMENT.—A W non24 immigrant— 


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1 ‘‘(A) may be unemployed for a period of 

2 not more than 60 consecutive days; and 

3 ‘‘(B) shall depart the United States if such 

4 W nonimmigrant is unable to obtain employ5 ment during such period. 

6 ‘‘(6) TRAVEL.—A W nonimmigrant may travel 

7 outside the United States and be readmitted to the 

8 United States. Such travel may not extend the pe9 riod of authorized admission of such W non10 immigrant. 

11 ‘‘(d) REGISTERED EMPLOYER.— 

12 ‘‘(1) APPLICATION.—An employer seeking to be 

13 a registered employer shall submit an application to 

14 the Secretary. Each such application shall include 

15 the following: 

16 ‘‘(A) Documentation to establish that the 

17 employer is a bona-fide employer. 

18 ‘‘(B) The employer’s Federal tax identi19 fication number or employer identification num20 ber issued by the Internal Revenue Service. 

21 ‘‘(C) The number of W nonimmigrants the 

22 employer estimates it will seek to employ annu23 ally. 

24 ‘‘(2) REFERRAL FOR FRAUD INVESTIGATION.— 

25 The Secretary may refer an application submitted 


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1 under paragraph (1) or subsection (e)(1)(A) to the 

2 Fraud Detection and National Security Directorate 

3 of U.S. Citizenship and Immigration Services if 

4 there is evidence of fraud for potential investigation. 

5 ‘‘(3) INELIGIBLE EMPLOYERS.— 

6 ‘‘(A) IN GENERAL.—Notwithstanding any 

7 other applicable penalties under law, the Sec8 retary may deny an employer’s application to be 

9 a registered employer if the Secretary deter10 mines, after notice and an opportunity for a 

11 hearing, that the employer submitting such ap12 plication— 

13 ‘‘(i) has, with respect to the applica14 tion required under paragraph (1), includ15 ing any attestations required by law— 

16 ‘‘(I) knowingly misrepresented a 

17 material fact; 

18 ‘‘(II) knowingly made a fraudu19 lent statement; or 

20 ‘‘(III) knowingly failed to comply 

21 with the terms of such attestations; or 

22 ‘‘(ii) failed to cooperate in the audit 

23 process in accordance with regulations pro24 mulgated by the Secretary; 


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1 ‘‘(iii) has been convicted of an offense 

2 set out in chapter 77 of title 18, United 

3 States Code, or any conspiracy to commit 

4 such offenses, or any human trafficking of5 fense under State or territorial law; 

6 ‘‘(iv) has, within 2 years prior to the 

7 date of application— 

8 ‘‘(I) received a final adjudication 

9 of having committed any hazardous 

10 occupation orders violation resulting 

11 in injury or death under the child 

12 labor provisions contained in section 

13 12 of the Fair Labor Standards Act 

14 of 1938 (29 U.S.C. 211) and any per15 tinent regulation; 

16 ‘‘(II) received a final adjudication 

17 assessing a civil money penalty for 

18 any repeated or willful violation of the 

19 minimum wage provisions of section 6 

20 of the Fair Labor Standards Act of 

21 1938 (29 U.S.C. 206); or 

22 ‘‘(III) received a final adjudica23 tion assessing a civil money penalty 

24 for any willful violation of the over25 time provisions of section 7 of the 


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1 Fair Labor Standards Act of 1938 or 

2 any regulations thereunder; or 

3 ‘‘(v) has, within 2 years prior to the 

4 date of application, received a final adju5 dication for a willful violation or repeated 

6 serious violations involving injury or 

7 death— 

8 ‘‘(I) of section 5 of the Occupa9 tional Safety and Health Act of 1970 

10 (29 U.S.C. 654); 

11 ‘‘(II) of any standard, rule, or 

12 order promulgated pursuant to section 

13 6 of the Occupational Safety and 

14 Health Act of 1970 (29 U.S.C. 655); 

15 or 

16 ‘‘(III) of a plan approved under 

17 section 18 of the Occupational Safety 

18 and Health Act of 1970 (29 U.S.C. 

19 667). 

20 ‘‘(B) LENGTH OF INELIGIBILITY.— 

21 ‘‘(i) TEMPORARY INELIGIBILITY.—An 

22 employer described in subparagraph (A) 

23 may be ineligible to be a registered em24 ployer for a period that is not less than the 


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1 time period determined by the Secretary 

2 and not more than 3 years. 

3 ‘‘(ii) PERMANENT INELIGIBILITY.— 

4 An employer who has been convicted of 

5 any offense set out in chapter 77 of title 

6 18, United States Code, or any conspiracy 

7 to commit such offenses, or any human 

8 trafficking offense under State or terri9 torial law shall be permanently ineligible to 

10 be a registered employer. 

11 ‘‘(4) TERM OF REGISTRATION.—The Secretary 

12 shall approve applications meeting the criteria of 

13 this subsection for a term of 3 years. 

14 ‘‘(5) RENEWAL.—An employer may submit an 

15 application to renew the employer’s status as a reg16 istered employer for additional 3-year periods. 

17 ‘‘(6) FEE.—At the time an employer’s applica18 tion to be a registered employer or to renew such 

19 status is approved, such employer shall pay a fee in 

20 an amount determined by the Secretary to be suffi21 cient to cover the costs of the registry of such em22 ployers. 

23 ‘‘(7) CONTINUED ELIGIBILITY.—Each reg24 istered employer shall submit to the Secretary an 

25 annual report that demonstrates that the registered 


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1 employer has provided the wages and working condi2 tions the registered employer agreed to provide to its 

3 employees. 

4 ‘‘(e) REGISTERED POSITIONS.— 

5 ‘‘(1) IN GENERAL.— 

6 ‘‘(A) APPLICATION.—Each registered em7 ployer shall submit to the Secretary an applica8 tion to designate a position for which the em9 ployer is seeking a W nonimmigrant as a reg10 istered position. The Secretary is authorized to 

11 determine if the wage to be paid by the em12 ployer complies with subparagraph (B)(iv). 

13 Each such application shall include a descrip14 tion of each such position. 

15 ‘‘(B) ATTESTATION.—An application sub16 mitted under subparagraph (A) shall include an 

17 attestation of the following: 

18 ‘‘(i) The number of full-time equiva19 lent employees of the employer. 

20 ‘‘(ii) The occupational category, as 

21 classified by the Secretary of Labor, for 

22 which the registered position is sought. 

23 ‘‘(iii) Whether the occupation for 

24 which the registered position is sought is a 

25 shortage occupation. 


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1 ‘‘(iv) Except as provided in subsection 

2 (g)(4)(C)(i), the wages to be paid to W 

3 nonimmigrants employed by the employer 

4 in the registered position, including a posi5 tion in a shortage occupation, will be the 

6 greater of— 

7 ‘‘(I) the actual wage level paid by 

8 the employer to other employees with 

9 similar experience and qualifications 

10 for such position; or 

11 ‘‘(II) the prevailing wage level for 

12 the occupational classification of the 

13 position in the metropolitan statistical 

14 area of the employment, as deter15 mined by the Secretary, based on the 

16 best information available as of the 

17 time of filing the application. 

18 ‘‘(v) The working conditions for W 

19 nonimmigrants will not adversely affect the 

20 working conditions of other workers em21 ployed in similar positions. 

22 ‘‘(vi) The employer has carried out 

23 the recruiting activities required by para24 graph (2)(B). 


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1 ‘‘(vii) There is no qualified United 

2 States worker who has applied for the po3 sition and who is ready, willing, and able 

4 to fill such position pursuant to the re5 quirements in subparagraphs (B) and (C) 

6 of paragraph (2). 

7 ‘‘(viii) There is not a strike, lockout, 

8 or work stoppage in the course of a labor 

9 dispute in the occupation at the place of 

10 employment at which the W nonimmigrant 

11 will be employed. If such strike, lockout, or 

12 work stoppage occurs following submission 

13 of the application, the employer will pro14 vide notification in accordance with all ap15 plicable regulations. 

16 ‘‘(ix)(I) The employer has not laid off 

17 and will not layoff a United States worker 

18 during the period beginning 90 days prior 

19 to and ending 90 days after the date the 

20 employer files an application for designa21 tion of a position for which the W non22 immigrant is sought or hires such W non23 immigrant, unless the employer has noti24 fied such United States worker of the posi25 tion and documented the legitimate reaVerDate Mar 15 2010 02:25 Oct 04, 2013 Jkt 039200 PO 00000 Frm 01030 Fmt 6652 Sfmt 6201 E:\BILLS\H15.IH H15

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1 sons that such United States worker is not 

2 qualified or available for the position. 

3 ‘‘(II) A United States worker is not 

4 laid off for purposes of this subparagraph 

5 if, at the time such worker’s employment is 

6 terminated, such worker is not employed in 

7 the same occupation and in the same met8 ropolitan statistical area where the reg9 istered position referred to in subclause (I) 

10 is located. 

11 ‘‘(C) BEST INFORMATION AVAILABLE.—In 

12 subparagraph (B)(iv)(II), the term ‘best infor13 mation available’, with respect to determining 

14 the prevailing wage for a position, means— 

15 ‘‘(i) a controlling collective bargaining 

16 agreement or Federal contract wage, if ap17 plicable; 

18 ‘‘(ii) if there is no applicable wage 

19 under clause (i), the wage level commensu20 rate with the experience, training, and su21 pervision required for the job based on Bu22 reau of Labor Statistics data; or 

23 ‘‘(iii) if the data referred to in clause 

24 (ii) is not available, a legitimate and recent 

25 private survey of the wages paid for such 


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1 positions in the metropolitan statistical 

2 area. 

3 ‘‘(D) PERMIT.—The Secretary shall pro4 vide each registered employer whose application 

5 submitted under subparagraph (A) is approved 

6 with a permit that includes the number and de7 scription of such employer’s approved registered 

8 positions. 

9 ‘‘(E) TERM OF REGISTRATION.—The ap10 proval of a registered position under subpara11 graph (A) is for a term that begins on the date 

12 of such approval and ends on the earlier of— 

13 ‘‘(i) the date the employer’s status as 

14 a registered employer is terminated; 

15 ‘‘(ii) 3 years after the date of such ap16 proval; or 

17 ‘‘(iii) upon proper termination of the 

18 registered position by the employer. 

19 ‘‘(F) REGISTRY OF REGISTERED POSI20 TIONS.— 

21 ‘‘(i) MAINTENANCE OF REGISTRY.— 

22 The Secretary shall develop and maintain 

23 a registry of approved registered positions 

24 for which the Secretary has issued a per25 mit under subparagraph (D). 


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1 ‘‘(ii) AVAILABILITY ON WEBSITE.— 

2 The registry required by clause (i) shall be 

3 accessible on a website maintained by the 

4 Secretary. 

5 ‘‘(iii) AVAILABILITY ON STATE WORK6 FORCE AGENCY WEBSITES.—Each State 

7 workforce agency shall be linked to such 

8 registry and provide access to such registry 

9 through the website maintained by such 

10 agency. 

11 ‘‘(iv) CONDITIONS OF AVAILABILITY

12 ON WEBSITE.— 

13 ‘‘(I) IN GENERAL.—Each ap14 proved registered position for which 

15 the Secretary has issued a permit 

16 shall be included in the registry of 

17 registered positions maintained by the 

18 Secretary and shall remain available 

19 for viewing on such registry through20 out the term of registration referred 

21 to in subparagraph (E) or paragraph 

22 (5). 

23 ‘‘(II) INDICATION OF VACANCY.— 

24 The Secretary shall ensure that such 

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1 proved registered position in the reg2 istry is filled or unfilled. 

3 ‘‘(III) REQUIREMENT FOR 10-DAY

4 POSTING.—If a W nonimmigrant’s 

5 employment in a registered position 

6 ends, either voluntarily or involun7 tarily, the Secretary shall ensure that 

8 such registry indicates that the reg9 istered position is unfilled for a period 

10 of 10 calendar days, unless such reg11 istered position is filled by a United 

12 States worker. 

13 ‘‘(2) REQUIREMENTS.— 

14 ‘‘(A) ELIGIBLE OCCUPATION.—Each reg15 istered position shall be for a position in an eli16 gible occupation as described in paragraph (3). 

17 ‘‘(B) RECRUITMENT OF UNITED STATES

18 WORKERS.— 

19 ‘‘(i) REQUIREMENTS.—A position may 

20 not be a registered position unless the reg21 istered employer— 

22 ‘‘(I) advertises the position for a 

23 period of 30 days, including the wage 

24 range, location, and proposed start 

25 date— 


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1 ‘‘(aa) on the Internet 

2 website maintained by the Sec3 retary of Labor for the purpose 

4 of such advertising; and 

5 ‘‘(bb) with the workforce 

6 agency of the State where the po7 sition will be located; and 

8 ‘‘(II) except as provided for in 

9 subsection (g)(4)(B)(i), carries out 

10 not less than 3 of the recruiting ac11 tivities described in subparagraph (C). 

12 ‘‘(ii) DURATION OF ADVERTISING.— 

13 The 30-day periods required by item (aa) 

14 or (bb) of clause (i)(I) may occur at the 

15 same time. 

16 ‘‘(C) RECRUITING ACTIVITIES.—The re17 cruiting activities described in this subpara18 graph, with respect to a position for which the 

19 employer is seeking a W nonimmigrant, shall 

20 consist of any combination of the following as 

21 defined by the Secretary of Homeland Security: 

22 ‘‘(i) Advertising such position at job 

23 fairs. 

24 ‘‘(ii) Advertising such position on the 

25 employer’s external website. 


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1 ‘‘(iii) Advertising such position on job 

2 search Internet websites. 

3 ‘‘(iv) Advertising such position using 

4 presentations or postings at vocational, ca5 reer technical schools, community colleges, 

6 high schools, or other educational or train7 ing sites. 

8 ‘‘(v) Posting such position with trade 

9 associations. 

10 ‘‘(vi) Utilizing a search firm to seek 

11 applicants for such position. 

12 ‘‘(vii) Advertising such position 

13 through recruitment programs with place14 ment offices at vocational schools, career 

15 technical schools, community colleges, high 

16 schools, or other educational or training 

17 sites. 

18 ‘‘(viii) Advertising such position 

19 through advertising or postings with local 

20 libraries, journals, or newspapers. 

21 ‘‘(ix) Seeking a candidate for such po22 sition through an employee referral pro23 gram with incentives. 

24 ‘‘(x) Advertising such position on 

25 radio or television. 


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1 ‘‘(xi) Advertising such position 

2 through advertising, postings, or presen3 tations with newspapers, Internet websites, 

4 job fairs, or community events targeted to 

5 constituencies designed to increase em6 ployee diversity. 

7 ‘‘(xii) Advertising such position 

8 through career day presentations at local 

9 high schools or community organizations. 

10 ‘‘(xiii) Providing in-house training. 

11 ‘‘(xiv) Providing third-party training. 

12 ‘‘(xv) Advertising such position 

13 through recruitment, educational, or other 

14 cooperative programs offered by the em15 ployer and a local economic development 

16 authority. 

17 ‘‘(xvi) Advertising such position twice 

18 in the Sunday ads in the primary daily cir19 culation newspaper in the area. 

20 ‘‘(xvii) Any other recruitment activi21 ties determined to be appropriate to be 

22 added by the Commissioner. 

23 ‘‘(3) ELIGIBLE OCCUPATION.— 

24 ‘‘(A) IN GENERAL.—An occupation is an 

25 eligible occupation if the occupation— 


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1 ‘‘(i) is a zone 1 occupation, a zone 2 

2 occupation, or zone 3 occupation; and 

3 ‘‘(ii) is not an excluded occupation 

4 under subparagraph (B). 

5 ‘‘(B) EXCLUDED OCCUPATIONS.— 

6 ‘‘(i) OCCUPATIONS REQUIRING COL7 LEGE DEGREES.—An occupation that is 

8 listed in the Occupational Outlook Hand9 book published by the Bureau of Labor 

10 Statistics (or similar successor publication) 

11 that is classified as requiring an individual 

12 with a bachelor’s degree or higher level of 

13 education may not be an eligible occupa14 tion. 

15 ‘‘(ii) COMPUTER OCCUPATIONS.—An 

16 occupation in the field of computer oper17 ation, computer programming, or computer 

18 repair may not be an eligible occupation. 

19 ‘‘(C) PUBLICATION.—The Secretary of 

20 Labor shall publish the eligible occupations, 

21 designated as zone 1 occupations, zone 2 occu22 pations, or zone 3 occupations, on an on-going 

23 basis on a publicly available website. 


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1 ‘‘(4) FILLING OF VACANCIES.—If a W non2 immigrant’s employment in a registered position 

3 ends, such employer may fill that vacancy— 

4 ‘‘(A) by hiring a United States worker; or 

5 ‘‘(B) after the 10 calendar day posting pe6 riod in subsection (e)(1)(F)(iv)(III) by hiring— 

7 ‘‘(i) a W nonimmigrant; or 

8 ‘‘(ii) if available under subsection 

9 (g)(4), a certified alien. 

10 ‘‘(5) PERIOD OF APPROVAL.— 

11 ‘‘(A) IN GENERAL.—Except as provided in 

12 subparagraph (B), a registered position shall be 

13 approved by the Secretary for a period of 3 

14 years. 

15 ‘‘(B) RETURNING W NONIMMIGRANTS.— 

16 ‘‘(i) EXTENSION OF PERIOD.—A reg17 istered position shall continue to be a reg18 istered position at the end of the 3-year 

19 period referred to in subparagraph (A) if 

20 the W nonimmigrant hired for such posi21 tion is the beneficiary of a petition for im22 migrant status filed by the registered em23 ployer pursuant to this Act or is returning 

24 to the same registered employer. 


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1 ‘‘(ii) TERMINATION OF PERIOD.—The 

2 term of a registration position extended 

3 under clause (i) shall terminate on the 

4 date that is the earlier of— 

5 ‘‘(I) the date an application or 

6 petition by or for a W nonimmigrant 

7 to obtain immigrant status is ap8 proved or denied by the Secretary; or 

9 ‘‘(II) the date of the termination 

10 of such W nonimmigrant’s employ11 ment with the registered employer. 

12 ‘‘(6) FEES.— 

13 ‘‘(A) REGISTRATION FEE.— 

14 ‘‘(i) IN GENERAL.—At the time a W 

15 nonimmigrant commences employment in 

16 the registered position for a registered em17 ployer, such employer shall pay a registra18 tion fee in an amount determined by the 

19 Secretary. 

20 ‘‘(ii) USE OF FEE.—A fee collected 

21 under clause (i) shall be used to fund any 

22 aspect of the operation of the W Visa Pro23 gram. 

24 ‘‘(B) ADDITIONAL FEE.— 


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1 ‘‘(i) IN GENERAL.—In addition to the 

2 fee required by subparagraph (A), a reg3 istered employer, at the time a W non4 immigrant commences employment in the 

5 registered position for the registered em6 ployer, shall pay an additional fee for each 

7 such approved registered position as fol8 lows: 

9 ‘‘(I) A fee of $1,750 for the reg10 istered position if the registered em11 ployer, at the time of filing the appli12 cation for the registered position, is a 

13 small business and more than 50 per14 cent and less than 75 percent of the 

15 employees of the registered employer 

16 are not United States workers. 

17 ‘‘(II) A fee of $3,500 for the reg18 istered position if the registered em19 ployer, at the time of filing the appli20 cation for the registered position, is a 

21 small business and more than 75 per22 cent of the employees of the registered 

23 employer are not United States work24 ers. 


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1 ‘‘(III) A fee of $3,500 for the 

2 registered position if the registered 

3 employer, at the time of filing the ap4 plication for the registered position, is 

5 not a small business and more than 

6 15 percent and less than 30 percent 

7 of the employees of the registered em8 ployer are not United States workers. 

9 ‘‘(ii) USE OF FEE.—A fee collected 

10 under clause (i) shall be used to fund the 

11 operations of the Bureau. 

12 ‘‘(C) PROHIBITION ON OTHER FEES.—A 

13 registered employer may not be required to pay 

14 an additional fee other than any fees specified 

15 in this Act if the registered employer is a small 

16 business. 

17 ‘‘(7) PROHIBITION ON REGISTERED POSITIONS

18 FOR CERTAIN EMPLOYERS.—The Secretary may not 

19 approve an application for a registered position for 

20 an employer if the employer is not a small business 

21 and 30 percent or more of the employees of the em22 ployer are not United States workers. 

23 ‘‘(f) EXCLUDED GEOGRAPHIC LOCATION.—No appli24 cation for a registered position filed by a registered em25 ployer for an eligible occupation may be approved if the 


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1 registered position is located in a metropolitan statistical 

2 area that has an unemployment rate that is more than 

81 3 ⁄2 percent as reported in the most recent month pre4 ceding the date that the application is submitted to the 

5 Secretary unless— 

6 ‘‘(1) the Commissioner has identified the eligi7 ble occupation as a shortage occupation; or 

8 ‘‘(2) the Secretary approves the registered posi9 tion under subsection (g)(4). 

10 ‘‘(g) NUMERICAL LIMITATION.— 

11 ‘‘(1) REGISTERED POSITIONS.— 

12 ‘‘(A) IN GENERAL.—Subject to paragraphs 

13 (3) and (4), the maximum number of registered 

14 positions that may be approved by the Sec15 retary for a year is as follows: 

16 ‘‘(i) For the first year aliens are ad17 mitted as W nonimmigrants, 20,000. 

18 ‘‘(ii) For the second such year, 

19 35,000. 

20 ‘‘(iii) For the third such year, 55,000. 

21 ‘‘(iv) For the fourth such year, 

22 75,000. 

23 ‘‘(v) For each year after the fourth 

24 such year, the level calculated for that year 

25 under paragraph (2). 


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1 ‘‘(B) DATES.—The first year referred to in 

2 subparagraph (A)(i) shall begin on April 1, 

3 2015, and end on March 31, 2016, unless the 

4 Secretary determines that such first year shall 

5 begin on October 1, 2015, and end on Sep6 tember 30, 2016. 

7 ‘‘(2) YEARS AFTER YEAR 4.— 

8 ‘‘(A) CURRENT YEAR AND PRECEDING

9 YEAR.—In this paragraph— 

10 ‘‘(i) the term ‘current year’ shall refer 

11 to the 12-month period for which the cal12 culation of the numerical limits under this 

13 paragraph is being performed; and 

14 ‘‘(ii) the term ‘preceding year’ shall 

15 refer to the 12-month period immediately 

16 preceding the current year. 

17 ‘‘(B) NUMERICAL LIMITATION.—Subject to 

18 subparagraph (D), the number of registered po19 sitions that may be approved by the Secretary 

20 for a year after the fourth year referred to in 

21 paragraph (1)(A)(iv) shall be equal to the sum 

22 of— 

23 ‘‘(i) the number of such registered po24 sitions available under this paragraph for 

25 the preceding year; and 


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1 ‘‘(ii) the product of— 

2 ‘‘(I) the number of such reg3 istered positions available under this 

4 paragraph for the preceding year; 

5 multiplied by 

6 ‘‘(II) the index for the current 

7 year calculated under subparagraph 

8 (C). 

9 ‘‘(C) INDEX.—The index calculated under 

10 this subparagraph for a current year equals the 

11 sum of— 

12 ‘‘(i) one-fifth of a fraction— 

13 ‘‘(I) the numerator of which is 

14 the number of registered positions 

15 that registered employers applied to 

16 have approved under subsection (e)(1) 

17 for the preceding year minus the 

18 number of registered positions ap19 proved under subsection (e) for the 

20 preceding year; and 

21 ‘‘(II) the denominator of which is 

22 the number of registered positions ap23 proved under subsection (e) for the 

24 preceding year; 

25 ‘‘(ii) one-fifth of a fraction— 


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1 ‘‘(I) the numerator of which is 

2 the number of registered positions the 

3 Commissioner recommends be avail4 able under this subparagraph for the 

5 current year minus the number of 

6 registered positions available under 

7 this subsection for the preceding year; 

8 and 

9 ‘‘(II) the denominator of which is 

10 the number of registered positions 

11 available under this subsection for the 

12 preceding year; 

13 ‘‘(iii) three-tenths of a fraction— 

14 ‘‘(I) the numerator of which is 

15 the number of unemployed United 

16 States workers for the preceding year 

17 minus the number of unemployed 

18 United States workers for the current 

19 year; and 

20 ‘‘(II) the denominator of which is 

21 the number of unemployed United 

22 States workers for the preceding year; 

23 and 

24 ‘‘(iv) three-tenths of a fraction— 


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1 ‘‘(I) the numerator of which is 

2 the number of job openings as set out 

3 in the Job Openings and Labor Turn4 over Survey of the Bureau of Labor 

5 Statistics for the current year minus 

6 such number of job openings for the 

7 preceding year; and 

8 ‘‘(II) the denominator of which is 

9 the number of such job openings for 

10 the preceding year; 

11 ‘‘(D) MINIMUM AND MAXIMUM LEVELS.— 

12 The number of registered positions calculated 

13 under subparagraph (B) for a 12-month period 

14 may not be less than 20,000 nor more than 

15 200,000. 

16 ‘‘(3) ADDITIONAL REGISTERED POSITIONS FOR

17 SHORTAGE OCCUPATIONS.—In addition to the num18 ber of registered positions made available for a year 

19 under paragraph (1), the Secretary shall make avail20 able for a year an additional number of registered 

21 positions for shortage occupations in a particular 

22 metropolitan statistical area. 

23 ‘‘(4) SPECIAL ALLOCATIONS OF REGISTERED

24 POSITIONS.— 


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1 ‘‘(A) AUTHORITY TO MAKE AVAILABLE.— 

2 In addition to the number of registered posi3 tions made available for a year under para4 graph (1) or (3), the Secretary shall make addi5 tional registered positions available for the year 

6 for a specific registered employer as described 

7 in this paragraph, if— 

8 ‘‘(i) the maximum number of reg9 istered positions available under paragraph 

10 (1) have been approved for the year and 

11 none remain available for allocation; or 

12 ‘‘(ii) such registered employer is lo13 cated in a metropolitan statistical area 

14 that has an unemployment rate that is 

more than 81 15 ⁄2 percent as reported in the 

16 most recent month preceding the date that 

17 the application is submitted to the Sec18 retary. 

19 ‘‘(B) RECRUITMENT.— 

20 ‘‘(i) IN GENERAL.—Except as pro21 vided in clause (ii), an initial W non22 immigrant may only enter the United 

23 States for initial employment pursuant to 

24 a special allocation under this paragraph if 

25 the registered employer has carried out at 


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1 least 7 of the recruiting activities described 

2 in subsection (e)(2)(C). 

3 ‘‘(ii) REQUIREMENT TO RECRUIT W

4 NONIMMIGRANTS IN THE UNITED

5 STATES.—A registered employer may reg6 ister a position pursuant to a special allo7 cation under this paragraph by conducting 

8 at least 3 of the recruiting activities de9 scribed in subsection (e)(2)(C), however a 

10 position registered pursuant to this clause 

11 may not be filled by an initial W non12 immigrant entering the United States for 

13 initial employment. 

14 ‘‘(iii) 30-DAY POSTING.— 

15 ‘‘(I) REQUIREMENT.—Any reg16 istered employer registering any posi17 tion under the special allocation au18 thority shall post the position, includ19 ing the wage range, location, and ini20 tial date of employment, for not less 

21 than 30 days— 

22 ‘‘(aa) on the Internet 

23 website maintained by the Sec24 retary of Labor for the purpose 

25 of such advertising; and 


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1 ‘‘(bb) with the workforce 

2 agency of the State where the po3 sition will be located. 

4 ‘‘(II) CONTEMPORANEOUS POST5 ING.—The 30-day periods required by 

6 items (aa) and (bb) of subclause (I) 

7 may occur at the same time. 

8 ‘‘(C) WAGES.— 

9 ‘‘(i) INITIAL W NONIMMIGRANTS.—An 

10 initial W nonimmigrant entering the 

11 United States for initial employment pur12 suant to a registered position made avail13 able under this paragraph may not be paid 

14 less than the greater of— 

15 ‘‘(I) the level 4 wage set out in 

16 the Foreign Labor Certification Data 

17 Center Online Wage Library (or simi18 lar successor website) maintained by 

19 the Secretary of Labor for such occu20 pation in that metropolitan statistical 

21 area; or 

22 ‘‘(II) the mean of the highest 

23 two-thirds of wages surveyed for such 

24 occupation in that metropolitan statis25 tical area. 


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1 ‘‘(ii) OTHER W NONIMMIGRANTS.—A 

2 W nonimmigrant employed in a registered 

3 position referred to in subsection 

4 (g)(4)(B)(ii) may not be paid less than the 

5 wages required under subsection 

6 (e)(1)(B)(iv). 

7 ‘‘(D) REDUCTION OF FUTURE REGISTERED

8 POSITIONS.—Each registered position made 

9 available for a year subject to the wage condi10 tions of subparagraph (C)(i) shall reduce by 1 

11 the number of registered positions made avail12 able under paragraph (g)(1) for the following 

13 year or the earliest possible year for which a 

14 registered position is available. The limitation 

15 contained in subsection (h)(4) shall not be re16 duced by any registered position made available 

17 under this paragraph. 

18 ‘‘(h) ALLOCATION OF REGISTERED POSITIONS.— 

19 ‘‘(1) IN GENERAL.— 

20 ‘‘(A) FIRST 6-MONTH PERIOD.—The num21 ber of registered positions available for the 6- 

22 month period beginning on the first day of a 

23 year is 50 percent of the maximum number of 

24 registered positions available for such year 

25 under paragraph (1) or (2) of subsection (g). 


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1 Such registered positions shall be allocated as 

2 described in this subsection. 

3 ‘‘(B) SECOND 6-MONTH PERIOD.—The 

4 number of registered positions available for the 

5 6-month period ending on the last day of a year 

6 is the maximum number of registered positions 

7 available for such year under paragraph (1) or 

8 (2) of subsection (g) minus the number of reg9 istered positions approved during the 6-month 

10 period referred to in subsection (A). Such reg11 istered positions shall be allocated as described 

12 in this subsection. 

13 ‘‘(2) SHORTAGE OCCUPATIONS.— 

14 ‘‘(A) IN GENERAL.—For the first month of 

15 each 6-month period referred to in subpara16 graph (A) or (B) of paragraph (1) a registered 

17 position may not be created in an occupation 

18 that is not a shortage occupation. 

19 ‘‘(B) INITIAL DESIGNATIONS.—Subpara20 graph (A) shall not apply in any period for 

21 which the Commissioner has not designated any 

22 shortage occupations. 

23 ‘‘(3) SMALL BUSINESSES.—During the second, 

24 third, and fourth months of each 6-month period re25 ferred to in subparagraph (A) or (B) of paragraph 


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1 (1), one-third of the number of registered positions 

2 allocated for such period shall be approved only for 

3 a registered employer that is a small business. Any 

4 such registered positions not approved for such 

5 small businesses during such months shall be avail6 able for any registered employer during the last 2 

7 months of each such 6-month period. 

8 ‘‘(4) ANIMAL PRODUCTION SUBSECTORS.—In 

9 addition to the number of registered positions made 

10 available for a year under paragraph (1) or (3) of 

11 such section (g), the Secretary shall make additional 

12 registered positions available for the year for occupa13 tions designated by the Secretary of Labor as Ani14 mal Production Subsectors. The numerical limitation 

15 for such additional registered positions shall be no 

16 more than 10 percent of the annual numerical limi17 tation provided for in such paragraph (1). 

18 ‘‘(5) LIMITATION FOR CONSTRUCTION OCCUPA19 TIONS.— 

20 ‘‘(A) IN GENERAL.—Subject to subpara21 graph (B), not more than 33 percent of the reg22 istered positions made available under para23 graph (1) or (2) of subsection (g) for a year 

24 may be granted to perform work in a construc25 tion occupation. 


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1 ‘‘(B) MAXIMUM LEVEL.—Notwithstanding 

2 subparagraph (A), the number of registered po3 sitions granted to perform work in a construc4 tion occupation under subsection (g)(1) may 

5 not exceed 15,000 for a year and 7,500 for any 

6 6-month period. 

7 ‘‘(C) PROHIBITION FOR OCCUPATIONS

8 WITH HIGH UNEMPLOYMENT.— 

9 ‘‘(i) IN GENERAL.—A registered em10 ployer may not hire a certified alien for a 

11 registered position to perform work in a 

12 construction occupation if the unemploy13 ment rate for construction occupations in 

14 the corresponding occupational job zone in 

15 that metropolitan statistical area was more 

than 81 16 ⁄2 percent. 

17 ‘‘(ii) DETERMINATION OF UNEMPLOY18 MENT RATE.—The unemployment rate 

19 used in clause (i) shall be determined— 

20 ‘‘(I) using the most recent survey 

21 taken by the Bureau; or 

22 ‘‘(II) if a survey referred to in 

23 subclause (I) is not available, using a 

24 recent and legitimate private survey. 


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1 ‘‘(i) PORTABILITY.—A W nonimmigrant who is ad2 mitted to the United States for employment by a reg3 istered employer may— 

4 ‘‘(1) terminate such employment for any rea5 son; and 

6 ‘‘(2) seek and accept employment with another 

7 registered employer in any other registered position 

8 within the terms and conditions of the W non9 immigrant’s visa. 

10 ‘‘(j) PROMOTION.—A registered employer may pro11 mote a W nonimmigrant if the W nonimmigrant has been 

12 employed with that employer for a period of not less than 

13 12 months. Such a promotion shall not increase the total 

14 number of registered positions available to that employer. 

15 ‘‘(k) PROHIBITION ON OUTPLACEMENT.—A reg16 istered employer may not place, outsource, lease, or other17 wise contract for the services or placement of a W non18 immigrant employee with another employer if more than 

19 15 percent of the employees of the registered employer are 

20 W nonimmigrants. 

21 ‘‘(l) W NONIMMIGRANT PROTECTIONS.— 

22 ‘‘(1) APPLICABILITY OF LAWS.—A W non23 immigrant shall not be denied any right or any rem24 edy under Federal, State, or local labor or employ25 ment law that would be applicable to a United 


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1 States worker employed in a similar position with 

2 the employer because of the alien’s status as a non3 immigrant worker. 

4 ‘‘(2) WAIVER OF RIGHTS PROHIBITED.— 

5 ‘‘(A) IN GENERAL.—A W nonimmigrant 

6 may not be required to waive any substantive 

7 rights or protections under this Act. 

8 ‘‘(B) CONSTRUCTION.—Nothing under this 

9 paragraph may be construed to affect the inter10 pretation of any other law. 

11 ‘‘(3) PROHIBITION ON TREATMENT AS INDE12 PENDENT CONTRACTORS.— 

13 ‘‘(A) IN GENERAL.—Notwithstanding any 

14 other provision of law— 

15 ‘‘(i) a W nonimmigrant is prohibited 

16 from being treated as an independent con17 tractor under any Federal or State law; 

18 and 

19 ‘‘(ii) no person, including an employer 

20 or labor contractor and any persons who 

21 are affiliated with or contract with an em22 ployer or labor contractor, may treat a W 

23 nonimmigrant as an independent con24 tractor. 


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1 ‘‘(B) CONSTRUCTION.—Subparagraph (A) 

2 may not be construed to prevent registered em3 ployers who operate as independent contractors 

4 from employing W nonimmigrants. 

5 ‘‘(4) PAYMENT OF FEES.— 

6 ‘‘(A) IN GENERAL.—A fee related to the 

7 hiring of a W nonimmigrant required to be paid 

8 by an employer under this Act shall be paid by 

9 the employer and may not be deducted from the 

10 wages or other compensation paid to a W non11 immigrant. 

12 ‘‘(B) EXCLUDED COSTS.—The cost of 

13 round trip transportation from a certified 

14 alien’s home to the location of a registered posi15 tion and the cost of obtaining a foreign pass16 port are not fees required to be paid by the em17 ployer. 

18 ‘‘(5) TAX RESPONSIBILITIES.—An employer 

19 shall comply with all applicable Federal, State, and 

20 local tax laws with respect to each W nonimmigrant 

21 employed by the employer. 

22 ‘‘(6) PROHIBITED ACTIVITIES.—It shall be un23 lawful for an employer of a W nonimmigrant to in24 timidate, threaten, restrain, coerce, retaliate, dis25 charge, or in any other manner, discriminate against 


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1 an employee or former employee because the em2 ployee or former employee— 

3 ‘‘(A) discloses information to the employer 

4 or any other person that the employee or 

5 former employee reasonably believes dem6 onstrates a violation of this section; or 

7 ‘‘(B) cooperates or seeks to cooperate in an 

8 investigation or other proceeding concerning 

9 compliance with the requirements of this sec10 tion. 

11 ‘‘(m) COMPLAINT PROCESS.—The Secretary shall es12 tablish a process for the receipt, investigation, and disposi13 tion of complaints by an aggrieved applicant, employee, 

14 or nonimmigrant (or a person acting on behalf of such 

15 applicant, employee, or nonimmigrant) with respect to— 

16 ‘‘(1) the failure of a registered employer to 

17 meet a condition of this section; or 

18 ‘‘(2) the lay off or nonhiring of a United States 

19 worker as prohibited under this section. 

20 ‘‘(n) ENFORCEMENT.— 

21 ‘‘(1) IN GENERAL.—The Secretary shall pro22 mulgate regulations for the receipt, investigation, 

23 and disposition of complaints by an aggrieved W 

24 nonimmigrant respecting a violation of this section. 


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1 ‘‘(2) FILING DEADLINE.—No investigation or 

2 hearing shall be conducted on a complaint con3 cerning a violation under this section unless the 

4 complaint was filed not later than 6 months after 

5 the date of such violation. 

6 ‘‘(3) REASONABLE BASIS.—The Secretary shall 

7 conduct an investigation under this subsection if 

8 there is reasonable basis to believe that a violation 

9 of this section has occurred. The process established 

10 under this subsection shall provide that, not later 

11 than 30 days after a complaint is filed, the Sec12 retary shall determine if there is reasonable cause to 

13 find such a violation. 

14 ‘‘(4) NOTICE AND HEARING.— 

15 ‘‘(A) IN GENERAL.—Not later than 60 

16 days after the Secretary makes a determination 

17 of reasonable basis under paragraph (3), the 

18 Secretary shall issue a notice to the interested 

19 parties and offer an opportunity for a hearing 

20 on the complaint, in accordance with section 

21 556 of title 5, United States Code. 

22 ‘‘(B) HEARING DEADLINE.—Not later than 

23 60 days after the date of a hearing under this 

24 paragraph, the Secretary shall make a finding 

25 on the matter. 


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1 ‘‘(5) ATTORNEY’S FEES.— 

2 ‘‘(A) AWARD.—A complainant who prevails 

3 in an action under this subsection with respect 

4 to a claim related to wages or compensation for 

5 employment, or a claim for a violation of sub6 section (l) or (m), shall be entitled to an award 

7 of reasonable attorney’s fees and costs. 

8 ‘‘(B) FRIVOLOUS COMPLAINTS.—A com9 plainant who files a frivolous complaint for an 

10 improper purpose under this subsection shall be 

11 liable for the reasonable attorney’s fees and 

12 costs of the person named in the complaint. 

13 ‘‘(6) POWER OF THE SECRETARY.—The Sec14 retary may bring an action in any court of com15 petent jurisdiction— 

16 ‘‘(A) to seek remedial action, including in17 junctive relief; 

18 ‘‘(B) to recover the damages described in 

19 this subsection and subsection (o); or 

20 ‘‘(C) to ensure compliance with terms and 

21 conditions described in subsection (l)(6). 

22 ‘‘(7) OTHER RIGHTS OF EMPLOYEES.—The 

23 rights and remedies provided to W nonimmigrants 

24 under this section are in addition to any other con25 tractual or statutory rights and remedies of the 


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1 workers, and are not intended to alter or affect such 

2 rights and remedies. 

3 ‘‘(o) PENALTIES.— 

4 ‘‘(1) IN GENERAL.—If, after notice and an op5 portunity for a hearing, the Secretary finds a viola6 tion of this section, the Secretary may impose ad7 ministrative remedies and penalties, including— 

8 ‘‘(A) back wages; 

9 ‘‘(B) benefits; and 

10 ‘‘(C) civil monetary penalties. 

11 ‘‘(2) CIVIL PENALTIES.—The Secretary may 

12 impose, as a civil penalty— 

13 ‘‘(A) for a violation of this subsection— 

14 ‘‘(i) a fine in an amount not more 

15 than $2,000 per violation per affected 

16 worker and $4,000 per violation per af17 fected worker for each subsequent viola18 tion; 

19 ‘‘(ii) if the violation was willful, a fine 

20 in an amount not more than $5,000 per 

21 violation per affected worker; and 

22 ‘‘(iii) if the violation was willful and if 

23 in the course of such violation a United 

24 States worker was harmed, a fine in an 


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1 amount not more than $25,000 per viola2 tion per affected worker; or 

3 ‘‘(B) for knowingly failing to materially 

4 comply with the terms of representations made 

5 in petitions, applications, certifications, or at6 testations under this section— 

7 ‘‘(i) a fine in an amount not more 

8 than $4,000 per aggrieved worker; and 

9 ‘‘(ii) upon the occasion of a third of10 fense of failure to comply with representa11 tions, a fine in an amount not to exceed 

12 $5,000 per affected worker and designa13 tion as an ineligible employer, recruiter, or 

14 broker for purposes of any immigrant or 

15 nonimmigrant program. 

16 ‘‘(3) CRIMINAL PENALTY.—Any person who 

17 knowingly misrepresents the number of full-time 

18 equivalent employees of an employer or the number 

19 of employees of a person who are United States 

20 workers for the purpose of reducing a fee under sub21 section (e)(6) or avoiding the limitation in sub22 section (e)(7), shall be fined in accordance with title 

23 18, United States Code, in an amount up to 

24 $25,000 or imprisoned not more than 1 year, or 

25 both. 


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1 ‘‘(p) MONITORING.— 

2 ‘‘(1) REQUIREMENT TO MONITOR.—The Sec3 retary shall monitor the movement of W non4 immigrants in registered positions through— 

5 ‘‘(A) the Employment Verification System 

6 described in section 274A(d); and 

7 ‘‘(B) the electronic monitoring system de8 scribed in paragraph (2). 

9 ‘‘(2) ELECTRONIC MONITORING SYSTEM.— 

10 ‘‘(A) REQUIREMENT FOR SYSTEM.—The 

11 Secretary, through U.S. Citizenship and Immi12 gration Services, shall implement an electronic 

13 monitoring system to monitor presence and em14 ployment of W nonimmigrants, including a re15 quirement that registered employers update the 

16 system when W nonimmigrants start and end 

17 employment in registered positions. 

18 ‘‘(B) SYSTEM DESCRIPTION.—Such system 

19 shall be modeled on the Student and Exchange 

20 Visitor Information System (SEVIS) and 

21 SEVIS II tracking system of U.S. Immigration 

22 and Customs Enforcement. 

23 ‘‘(C) INTERACTION WITH REGISTRY.— 

24 Such system shall interact with the registry re25 ferred to in subsection (e)(1)(F) to ensure that 


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1 the Secretary designates and updates approved 

2 registered positions as being filled or unfilled.’’. 

3 (b) TABLE OF CONTENTS AMENDMENT.—The table 

4 of contents in the first section (8 U.S.C. 1101 et seq.) 

5 is amended by adding after the item relating to section 

6 219 the following: 

‘‘Sec. 220. Admission of W nonimmigrant workers.’’. 

7 Subtitle H—Investing in New Ven8 ture, Entrepreneurial Startups, 

9 and Technologies 

10 SEC. 4801. NONIMMIGRANT INVEST VISAS. 

11 (a) INVEST NONIMMIGRANT CATEGORY.—Section 

12 101(a)(15) (8 U.S.C. 1101(a)(15)), as amended by sec13 tions 2231, 2308, 2309, 3201, 4402, 4504, 4601, and 

14 4702, is further amended by inserting after subparagraph 

15 (W) the following: 

16 ‘‘(X) in accordance with the definitions in 

17 section 203(b)(6)(A), a qualified entrepreneur 

18 who has demonstrated that, during the 3-year 

19 period ending on the date on which the alien 

20 filed an initial petition for nonimmigrant status 

21 described in this clause— 

22 ‘‘(i) a qualified venture capitalist, a 

23 qualified super angel investor, a qualified 

24 government entity, a qualified community 

25 development financial institution, qualified 


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1 startup accelerator, or such other type of 

2 entity or investors, as determined by the 

3 Secretary, or any combination of such enti4 ties or investors, has made a qualified in5 vestment or combination of qualified in6 vestments of not less than $100,000 in 

7 total in the alien’s United States business 

8 entity; or 

9 ‘‘(ii) the alien’s United States busi10 ness entity has created no fewer than 3 

11 qualified jobs and during the 2-year period 

12 ending on such date has generated not less 

13 than $250,000 in annual revenue arising 

14 from business conducted in the United 

15 States; or’’. 

16 (b) ADMISSION OF INVEST NONIMMIGRANTS.—Sec17 tion 214 (8 U.S.C. 1184), as amended by sections 3608, 

18 4232, 4405, 4503, 4504, 4602, 4605, and 4606, is further 

19 amended by adding at the end the following: 

20 ‘‘(aa) INVEST NONIMMIGRANT VISAS.— 

21 ‘‘(1) DEFINITIONS.—The definitions in section 

22 203(b)(6)(A) apply to this subsection. 

23 ‘‘(2) INITIAL PERIOD OF AUTHORIZED ADMIS24 SION.—The initial period of authorized status as a 


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1 nonimmigrant described in section 101(a)(15)(X) 

2 shall be for an initial 3-year period. 

3 ‘‘(3) RENEWAL OF ADMISSION.—Subject to 

4 paragraph (4), the initial period of authorized non5 immigrant status described in paragraph (2) may be 

6 renewed for additional 3-year periods if during the 

7 most recent 3-year period that the alien was granted 

8 such status— 

9 ‘‘(A) the alien’s United States business en10 tity has created no fewer than 3 qualified jobs 

11 and a qualified venture capitalist, a qualified 

12 super angel investor, a qualified government en13 tity, a qualified community development finan14 cial institution, qualified startup accelerator, or 

15 such other type of entity or investors, as deter16 mined by the Secretary, or any combination of 

17 such entities or investors, has made a qualified 

18 investment or combination of qualified invest19 ments of not less than $250,000 in total to the 

20 alien’s United States business entity; or 

21 ‘‘(B) the alien’s United States business en22 tity has created no fewer than 3 qualified jobs 

23 and, during the 2-year period ending on the 

24 date that the alien petitioned for an extension, 

25 has generated not less than $250,000 in annual 


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1 revenue arising from business conducted within 

2 the United States. 

3 ‘‘(4) WAIVER OF RENEWAL REQUIREMENTS.— 

4 The Secretary may renew an alien’s status as a non5 immigrant described in section 101(a)(15)(X) for 

6 not more than 1 year at a time, up to an aggregate 

7 of 2 years if the alien— 

8 ‘‘(A) does not meet the criteria under 

9 paragraph (3); and 

10 ‘‘(B) meets the criteria established by the 

11 Secretary, in consultation with the Secretary of 

12 Commerce, for approving renewals under this 

13 subsection, which shall include a finding that— 

14 ‘‘(i) the alien has made substantial 

15 progress in meeting such criteria; and 

16 ‘‘(ii) such renewal is economically ben17 eficial to the United States. 

18 ‘‘(5) ATTESTATION.—The Secretary may re19 quire an alien seeking status as a nonimmigrant de20 scribed in section 101(a)(15)(X) to attest, under 

21 penalty of perjury, that the alien meets the applica22 tion criteria. 

23 ‘‘(6) X–1 VISA FEE.—In addition to processing 

24 fees, the Secretary shall collect a $1,000 fee from 

25 each nonimmigrant admitted under section 


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1 101(a)(15)(X). Fees collected under this paragraph 

2 shall be deposited into the Comprehensive Immigra3 tion Reform Trust Fund established under section 

4 9(a)(1) of the Border Security, Economic Oppor5 tunity, and Immigration Modernization Act.’’. 

6 SEC. 4802. INVEST IMMIGRANT VISA. 

7 Section 203(b) (8 U.S.C. 1153(b)) is amended— 

8 (1) by redesignating paragraph (6) as para9 graph (7); and 

10 (2) by inserting after paragraph (5) the fol11 lowing: 

12 ‘‘(6) INVEST IMMIGRANTS.— 

13 ‘‘(A) DEFINITIONS.—In this paragraph, 

14 section 101(a)(15)(X), and section 214(s): 

15 ‘‘(i) QUALIFIED COMMUNITY DEVEL16 OPMENT FINANCIAL INSTITUTION.—The 

17 term ‘qualified community development fi18 nancial institution’ is defined as provided 

19 under section 1805.201 45D(c) of title 12, 

20 Code of Federal Regulations, or any simi21 lar successor regulations. 

22 ‘‘(ii) QUALIFIED ENTREPRENEUR.— 

23 The term ‘qualified entrepreneur’ means 

24 an individual who— 


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1 ‘‘(I) has a significant ownership 

2 interest, which need not constitute a 

3 majority interest, in a United States 

4 business entity; 

5 ‘‘(II) is employed in a senior ex6 ecutive position of such United States 

7 business entity; 

8 ‘‘(III) submits a business plan to 

9 U.S. Citizenship and Immigration 

10 Services; and 

11 ‘‘(IV) had a substantial role in 

12 the founding or early-stage growth 

13 and development of such United 

14 States business entity. 

15 ‘‘(iii) QUALIFIED GOVERNMENT ENTI16 TY.—The term ‘qualified government enti17 ty’ means an agency or instrumentality of 

18 the United States or of a State, local, or 

19 tribal government. 

20 ‘‘(iv) QUALIFIED INVESTMENT.—The 

21 term ‘qualified investment’— 

22 ‘‘(I) means an investment in a 

23 qualified entrepreneur’s United States 

24 business entity that is— 


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1 ‘‘(aa) a purchase from the 

2 United States business entity or 

3 equity or convertible debt issued 

4 by such entity; 

5 ‘‘(bb) a secured loan; 

6 ‘‘(cc) a convertible debt 

7 note; 

8 ‘‘(dd) a public securities of9 fering; 

10 ‘‘(ee) a research and devel11 opment award from a qualified 

12 government entity to the United 

13 States entity; 

14 ‘‘(ff) other investment deter15 mined appropriate by the Sec16 retary; or 

17 ‘‘(gg) a combination of the 

18 investments described in items 

19 (aa) through (ff); and 

20 ‘‘(II) may not include an invest21 ment from such qualified entre22 preneur, the parents, spouse, son, or 

23 daughter of such qualified entre24 preneur, or from any corporation, 

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1 ship, society, or joint stock company 

2 over which such qualified entre3 preneur has a substantial ownership 

4 interest. 

5 ‘‘(v) QUALIFIED JOB.—The term 

6 ‘qualified job’ means a full-time position of 

7 a United States business entity owned by 

8 a qualified entrepreneur that— 

9 ‘‘(I) is located in the United 

10 States; 

11 ‘‘(II) has been filled for at least 

12 2 years by an individual who is not 

13 the qualified entrepreneur or the 

14 spouse, son, or daughter of the quali15 fied entrepreneur; and 

16 ‘‘(III) pays a wage that is not 

17 less than 250 percent of the Federal 

18 minimum wage. 

19 ‘‘(vi) QUALIFIED STARTUP ACCEL20 ERATOR.—The term ‘qualified startup ac21 celerator’ means a corporation, company, 

22 association, firm, partnership, society, or 

23 joint stock company that— 

24 ‘‘(I) is organized under the laws 

25 of the United States or any State and 


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1 conducts business in the United 

2 States; 

3 ‘‘(II) in the ordinary course of 

4 business, provides a program of train5 ing, mentorship, and logistical support 

6 to assist entrepreneurs in growing 

7 their businesses; 

8 ‘‘(III) is managed by individuals, 

9 the majority of whom are citizens of 

10 the United States or aliens lawfully 

11 admitted for permanent residence; 

12 ‘‘(IV)(aa) regularly acquires an 

13 equity interest in companies that par14 ticipate in its programs, where the 

15 majority of the capital so invested is 

16 committed from individuals who are 

17 United States citizens or aliens law18 fully admitted for permanent resi19 dence, or from entities organized 

20 under the laws of the United States 

21 or any State; or 

22 ‘‘(bb) is an entity that has re23 ceived not less than $250,000 in fund24 ing from a qualified government entity 

25 or entities during the previous 5 years 


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1 and regularly makes grants to compa2 nies that participate in its programs 

3 (in which case, such grant shall be 

4 treated as a qualified investment for 

5 purposes of clause (iv)); 

6 ‘‘(V) during the previous 5 years, 

7 has acquired an equity interest in, or, 

8 in the case of an entity described in 

9 subclause (IV)(bb), regularly made 

10 grants to, not fewer than 10 United 

11 States business entities that have par12 ticipated in its programs and that 

13 have— 

14 ‘‘(aa) each secured at least 

15 $100,000 in initial investments; 

16 or 

17 ‘‘(bb) during any 2-year pe18 riod following the date of such 

19 acquisition, generated not less 

20 than $500,000 in aggregate an21 nual revenue within the United 

22 States; 

23 ‘‘(VI) has its primary location in 

24 the United States; and 


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1 ‘‘(VII) satisfies such other cri2 teria as may be established by the 

3 Secretary. 

4 ‘‘(vii) QUALIFIED SUPER ANGEL IN5 VESTOR.—The term ‘qualified super angel 

6 investor’ means an individual or organized 

7 group of individuals investing directly or 

8 through a legal entity— 

9 ‘‘(I) each of whom is an accred10 ited investor, as defined in section 

11 230.501(a) of title 17, Code of Fed12 eral Regulations, or any similar suc13 cessor regulation, investing the funds 

14 owned by such individual or organized 

15 group in a qualified entrepreneur’s 

16 United States business entity; 

17 ‘‘(II)(aa) if an individual, is a cit18 izen of the United States or an alien 

19 lawfully admitted for permanent resi20 dence; or 

21 ‘‘(bb) if an organized group or 

22 legal entity, a majority of the individ23 uals investing through such group or 

24 entity are citizens of the United 


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1 States or aliens lawfully admitted for 

2 permanent residence; and 

3 ‘‘(III) each of whom in the pre4 vious 3 years has made qualified in5 vestments in a total amount deter6 mined to be appropriate by the Sec7 retary, that is not less than $50,000, 

8 in United States business entities 

9 which are less than 5 years old. 

10 ‘‘(viii) QUALIFIED VENTURE CAPI11 TALIST.—The term ‘qualified venture capi12 talist’ means an entity— 

13 ‘‘(I) that— 

14 ‘‘(aa) is a venture capital 

15 operating company (as defined in 

16 section 2510.3–101(d) of title 29, 

17 Code of Federal Regulations (or 

18 any successor to such regula19 tion)); or 

20 ‘‘(bb) has management 

21 rights, as defined in, and to the 

22 extent required by, such section 

23 2510.3–101(d) (or successor reg24 ulation), in its portfolio compa25 nies; 


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1 ‘‘(II) that has capital commit2 ments of not less than $10,000,000; 

3 and 

4 ‘‘(III) the investment adviser, 

5 that is registered under the Invest6 ment Advisers Act of 1940 (15 U.S.C. 

7 80b–2), for which— 

8 ‘‘(aa) has its primary office 

9 location in the United States; 

10 ‘‘(bb) is owned, directly or 

11 indirectly, by individuals, the ma12 jority of whom are citizens of the 

13 United States or aliens lawfully 

14 admitted for permanent residence 

15 in the United States; 

16 ‘‘(cc) has been advising such 

17 entity or other similar funds or 

18 entities for at least 2 years; and 

19 ‘‘(dd) has advised such enti20 ty or a similar fund or entity 

21 with respect to at least 2 invest22 ments of not less than $500,000 

23 made by such entity or similar 

24 fund or entity during each of the 

25 most recent 2 years. 


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1 ‘‘(ix) SECRETARY.—Except as other2 wise specifically provided, the term ‘Sec3 retary’ means the Secretary of Homeland 

4 Security. 

5 ‘‘(x) SENIOR EXECUTIVE POSITION.— 

6 The term ‘senior executive position’ in7 cludes the position of chief executive offi8 cer, chief technology officer, and chief op9 erating officer. 

10 ‘‘(xi) UNITED STATES BUSINESS EN11 TITY.—The term ‘United States business 

12 entity’ means any corporation, company, 

13 association, firm, partnership, society, or 

14 joint stock company that is organized 

15 under the laws of the United States or any 

16 State and that conducts business in the 

17 United States that is not— 

18 ‘‘(I) a private fund, as defined in 

19 202(a) of the Investment Advisers Act 

20 of 1940 (15 U.S.C. 80b–2); 

21 ‘‘(II) a commodity pool, as de22 fined in section 1a of the Commodity 

23 Exchange Act (7 U.S.C. 1a); 

24 ‘‘(III) an investment company, as 

25 defined in section 3 of the Investment 


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1 Company Act of 1940 (15 U.S.C. 

2 80a–3); or 

3 ‘‘(IV) an issuer that would be an 

4 investment company but for an ex5 emption provided in— 

6 ‘‘(aa) section 3(c) of the In7 vestment Company Act of 1940 

8 (15 U.S.C. 80a–3(c); or 

9 ‘‘(bb) section 270.3a–7 of 

10 title 17 of the Code of Federal 

11 Regulations or any similar suc12 cessor regulation. 

13 ‘‘(B) IN GENERAL.—Visas shall be avail14 able, in a number not to exceed 10,000 for each 

15 fiscal year, to qualified immigrants seeking to 

16 enter the United States for the purpose of cre17 ating new businesses, as described in this para18 graph. 

19 ‘‘(C) ELIGIBILITY.—An alien is eligible for 

20 a visa under this paragraph if— 

21 ‘‘(i)(I) the alien is a qualified entre22 preneur; 

23 ‘‘(II) the alien maintained valid non24 immigrant status in the United States for 

25 at least 2 years; 


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1 ‘‘(III) during the 3-year period ending 

2 on the date the alien files an initial peti3 tion for such status under this section— 

4 ‘‘(aa)(AA) the alien has a signifi5 cant ownership in a United States 

6 business entity that has created no 

7 fewer than 5 qualified jobs; and 

8 ‘‘(BB) a qualified venture capi9 talist, a qualified super angel investor, 

10 a qualified government entity, a quali11 fied community development financial 

12 institution, qualified startup accel13 erator, or such other entity or type of 

14 investors, as determined by the Sec15 retary, or any combination of such en16 tities or investors, has devoted a 

17 qualified investment or combination of 

18 qualified investments of not less than 

19 $500,000 in total to the alien’s 

20 United States business entity; or 

21 ‘‘(bb)(AA) the alien has a signifi22 cant ownership interest in a United 

23 States business entity that has cre24 ated no fewer than 5 qualified jobs; 

25 and 


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1 ‘‘(BB) during the 2-year period 

2 ending on such date has generated not 

3 less than $750,000 in annual revenue 

4 within the United States; and 

5 ‘‘(IV) no more than 2 other aliens 

6 have received nonimmigrant status under 

7 this section on the basis of an alien’s own8 ership of such United States business enti9 ty; 

10 ‘‘(ii)(I) the alien is a qualified entre11 preneur; 

12 ‘‘(II) the alien maintained valid non13 immigrant status in the United States for 

14 at least 3 years prior to the date of filing 

15 an application for such status; 

16 ‘‘(III) the alien holds an advanced de17 gree in a field of science, technology, engi18 neering, or mathematics, approved by the 

19 Secretary; and 

20 ‘‘(IV) during the 3-year period ending 

21 on the date the alien files an initial peti22 tion for such status under this section— 

23 ‘‘(aa)(AA) the alien has a signifi24 cant ownership interest in a United 

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1 ated no fewer than 4 qualified jobs; 

2 and 

3 ‘‘(BB) a qualified venture capi4 talist, a qualified super angel investor, 

5 a qualified government entity, a quali6 fied community development financial 

7 institution, qualified startup accel8 erator, or such other entity or type of 

9 investors, as determined by the Sec10 retary, or any combination of such en11 tities or investors, has devoted a 

12 qualified investment or combination of 

13 qualified investments of not less than 

14 $500,000 in total to the alien’s 

15 United States business entity; or 

16 ‘‘(bb)(AA) the alien has a signifi17 cant ownership interest in a United 

18 States business entity that has cre19 ated no fewer than 3 qualified jobs; 

20 and 

21 ‘‘(BB) during the 2-year period 

22 ending on such date has generated not 

23 less than $500,000 in annual revenue 

24 within the United States; and 


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1 ‘‘(V) no more than 3 other aliens have 

2 received nonimmigrant status under this 

3 section on the basis of an alien’s ownership 

4 of such United States business entity. 

5 ‘‘(D) ATTESTATION.—The Secretary may 

6 require an alien seeking a visa under this para7 graph to attest, under penalties of perjury, to 

8 the alien’s qualifications.’’. 

9 SEC. 4803. ADMINISTRATION AND OVERSIGHT. 

10 (a) REGULATIONS.—Not later than 16 months after 

11 the date of the enactment of this Act, the Secretary, in 

12 consultation with the Secretary of Commerce, the Admin13 istrator of the Small Business Administration, and other 

14 heads of other relevant Federal agencies and departments, 

15 shall promulgate regulations to carry out the amendments 

16 made by this subtitle. Such regulations shall ensure that 

17 such amendments are implemented in a manner that is 

18 consistent with the protection of national security and pro19 motion of United States economic growth, job creation, 

20 and competitiveness. 

21 (b) MODIFICATION OF DOLLAR AMOUNTS.— 

22 (1) IN GENERAL.—The Secretary may from 

23 time to time prescribe regulations increasing or de24 creasing any dollar amount specified in section 

25 203(b)(6) of the Immigration and Nationality Act, 


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1 as added by section 4802, section 101(a)(15)(X) of 

2 such Act, as added by section 4801, or section 

3 214(s), as added by section 4801. 

4 (2) AUTOMATIC ADJUSTMENT.—Unless a dollar 

5 amount referred to in paragraph (1) is adjusted by 

6 the Secretary under paragraph (1), such dollar 

7 amount shall automatically adjust on January 1, 

8 2016, by the percentage change in the Consumer 

9 Price Index (CPI–U) during fiscal year 2015, and 

10 on every fifth subsequent January 1 by the percent11 age change in the CPI–U during the previous 5 fis12 cal years, for any petition filed to classify an alien 

13 under this paragraph on or after the date of each 

14 automatic adjustment. 

15 (c) OTHER AUTHORITY.—The Secretary, in the Sec16 retary’s unreviewable discretion, may deny or revoke the 

17 approval of a petition seeking classification of an alien 

18 under paragraph (6) of section 203(b) of the Immigration 

19 and Nationality Act, as added by section 4802, or any 

20 other petition, application, or benefit based upon the pre21 vious or concurrent filing or approval of a petition for clas22 sification of an alien under such paragraph (6), if the Sec23 retary determines, in the Secretary’s sole and 

24 unreviewable discretion, that the approval or continuation 

25 of such petition, application, or benefit is contrary to the 


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1 national interest of the United States or for other good 

2 cause. 

3 (d) REPORTS.—Once every 3 years, the Secretary 

4 shall submit to Congress a report on this subtitle and the 

5 amendments made by this subtitle. Each such report shall 

6 include— 

7 (1) the number and percentage of entrepreneurs 

8 able to meet thresholds for nonimmigrant renewal 

9 and adjustment to green card status under the 

10 amendments made by this subtitle; 

11 (2) an analysis of the program’s economic im12 pact including job and revenue creation, increased 

13 investments and growth within business sectors and 

14 regions; 

15 (3) a description and breakdown of types of 

16 businesses that entrepreneurs granted nonimmigrant 

17 or immigrant status are creating; 

18 (4) for each report following the Secretary’s ini19 tial report submitted under this subsection, a de20 scription of the percentage of the businesses initially 

21 created by the entrepreneurs granted immigrant and 

22 nonimmigrant status under this subtitle and the 

23 amendments made by this subtitle, that are still in 

24 operation; and 


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1 (5) any recommendations for improving the 

2 program established by this subtitle and the amend3 ments made by this subtitle. 

4 SEC. 4804. PERMANENT AUTHORIZATION OF EB–5 RE5 GIONAL CENTER PROGRAM. 

6 (a) REPEAL.—Section 610 of the Departments of 

7 Commerce, Justice, and State, the Judiciary, and Related 

8 Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) 

9 is repealed. 

10 (b) AUTHORIZATION.—Section 203(b)(5) (8 U.S.C. 

11 1153(b)(5)) is amended by adding at the end the fol12 lowing: 

13 ‘‘(E) REGIONAL CENTER PROGRAM.— 

14 ‘‘(i) IN GENERAL.—Visas under this 

15 paragraph shall be made available to quali16 fied immigrants participating in a program 

17 implementing this paragraph that involves 

18 a regional center in the United States, 

19 which has been designated by the Sec20 retary of Homeland Security, in consulta21 tion with the Secretary of Commerce, on 

22 the basis of a general proposal for the pro23 motion of economic growth, including— 

24 ‘‘(I) increased export sales; 


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1 ‘‘(II) improved regional produc2 tivity; 

3 ‘‘(III) job creation; or 

4 ‘‘(IV) increased domestic capital 

5 investment. 

6 ‘‘(ii) ESTABLISHMENT OF A REGIONAL

7 CENTER.—A regional center shall have ju8 risdiction over a defined geographic area, 

9 which shall be described in the proposal 

10 and consistent with the purpose of concen11 trating pooled investment in defined eco12 nomic zones. The establishment of a re13 gional center may be based on general pre14 dictions, contained in the proposal, con15 cerning— 

16 ‘‘(I) the kinds of commercial en17 terprises that will receive investments 

18 from aliens; 

19 ‘‘(II) the jobs that will be created 

20 directly or indirectly as a result of 

21 such investments; and 

22 ‘‘(III) other positive economic ef23 fects such investments will have. 

24 ‘‘(iii) COMPLIANCE.—In determining 

25 compliance with subparagraph (A)(ii), the 


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1 Secretary of Homeland Security shall per2 mit aliens admitted under the program de3 scribed in this subparagraph to establish 

4 reasonable methodologies for determining 

5 the number of jobs created by the pro6 gram, including jobs estimated to have 

7 been created indirectly through— 

8 ‘‘(I) revenues generated from in9 creased exports, improved regional 

10 productivity, job creation; or 

11 ‘‘(II) increased domestic capital 

12 investment resulting from the pro13 gram, including jobs created outside 

14 of the geographic boundary of the re15 gional center as a result of the immi16 grant’s investment in regional center17 affiliated commercial enterprises. 

18 ‘‘(iv) INDIRECT JOB CREATION.—The 

19 Secretary shall permit immigrants admit20 ted under this paragraph to satisfy the re21 quirements under subparagraph (A)(ii) 

22 with jobs that are estimated to be created 

23 indirectly through investment under this 

24 paragraph in accordance with this sub25 paragraph. 


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1 ‘‘(F) PREAPPROVAL OF BUSINESS PLANS

2 FOR REGIONAL CENTER INVESTMENTS.— 

3 ‘‘(i) PETITION.—Before the filing of a 

4 petition under this subparagraph by an 

5 alien investor, a commercial enterprise af6 filiated with a regional center may file a 

7 petition with the Secretary of Homeland 

8 Security to preapprove a particular invest9 ment in the commercial enterprise, as pro10 vided in— 

11 ‘‘(I) a business plan for a specific 

12 capital investment project; 

13 ‘‘(II) investment documents, such 

14 as subscription, investment, partner15 ship, and operating agreements; and 

16 ‘‘(III) a credible economic anal17 ysis regarding estimated job creation 

18 that is based upon reasonable meth19 odologies. 

20 ‘‘(ii) PREAPPROVAL PROCEDURE.— 

21 The Secretary shall establish a process to 

22 facilitate the preapproval of business plans 

23 under this subparagraph related to invest24 ment in a regional center commercial en25 terprise, which shall include an opportunity 


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1 for the applicant to address and cure any 

2 deficiencies identified by the Secretary in 

3 the applicant’s business plan, investment 

4 documents, or statement regarding job cre5 ation prior to a final determination. The 

6 Secretary shall impose a fee for the use of 

7 the process described in this clause suffi8 cient to recover the costs of its administra9 tion. 

10 ‘‘(iii) EFFECT OF PREAPPROVAL OF

11 BUSINESS PLAN FOR INVESTMENT IN RE12 GIONAL CENTER COMMERCIAL ENTER13 PRISE.—The preapproval of a petition 

14 under this subparagraph shall be binding 

15 for purposes of the adjudication of peti16 tions filed under this subparagraph by im17 migrants investing in the commercial en18 terprise unless the Secretary determines 

19 that there is evidence of fraud, misrepre20 sentation, criminal misuse, a threat to na21 tional security, or other evidence affecting 

22 program eligibility that was not disclosed 

23 by the petitioner during the preapproval 

24 process. 


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1 ‘‘(iv) EXPEDITED PROCESSING OPTION

2 FOR ALIEN INVESTOR PETITIONS AFFILI3 ATED WITH PREAPPROVED BUSINESS

4 PLANS.—The Secretary may establish a 

5 premium processing option for alien inves6 tors who are investing in a commercial en7 terprise that has received preapproval 

8 under this subparagraph and may impose 

9 a fee for the use of that option sufficient 

10 to recover all costs of the option. 

11 ‘‘(v) CONSIDERATION OF CRIMINAL

12 ACTIVITY IN ESTABLISHING ELIGIBILITY

13 CRITERIA.—The Secretary shall consider 

14 the potential for fraud, misrepresentation, 

15 criminal misuse, and threats to national 

16 security in establishing eligibility criteria 

17 for any program the Secretary may estab18 lish under this subparagraph. 

19 ‘‘(G) REGIONAL CENTER FINANCIAL

20 STATEMENTS.— 

21 ‘‘(i) IN GENERAL.—Each regional cen22 ter designated under subparagraph (E) 

23 shall annually submit, to the Director of 

24 U.S. Citizenship and Immigration Services 

25 (referred to in this subparagraph as the 


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1 ‘Director’), in a manner prescribed by the 

2 Secretary of Homeland Security, financial 

3 statements, including— 

4 ‘‘(I) an accounting of all foreign 

5 investor money invested through the 

6 regional center; and 

7 ‘‘(II) for each capital investment 

8 project— 

9 ‘‘(aa) an accounting of the 

10 aggregate capital invested 

11 through the regional center or af12 filiated commercial enterprises by 

13 immigrants under this para14 graph; 

15 ‘‘(bb) a description of how 

16 such funds are being used to exe17 cute the approved business plan; 

18 ‘‘(cc) evidence that 100 per19 cent of such investor funds have 

20 been dedicated to the project; 

21 ‘‘(dd) detailed evidence of 

22 the progress made toward the 

23 completion of the project; 


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1 ‘‘(ee) an accounting of the 

2 aggregate direct and indirect jobs 

3 created or preserved; and 

4 ‘‘(ff) a certification by the 

5 regional center that such state6 ments are accurate. 

7 ‘‘(ii) AMENDMENT OF FINANCIAL

8 STATEMENTS.—If the Director determines 

9 that a financial statement required under 

10 clause (i) is deficient, the Director may re11 quire the regional center to amend or sup12 plement such financial statement. 

13 ‘‘(iii) SANCTIONS.— 

14 ‘‘(I) EFFECT OF VIOLATION.—If 

15 the Director determines, after review16 ing the financial statements submitted 

17 under clause (i), that a regional cen18 ter, director, or other individual in19 volved with a regional center (other 

20 than an alien investor) has violated 

21 any requirement under clause (i) or 

22 that the regional center is conducting 

23 itself in a manner inconsistent with its 

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1 tion the violating entity or individual 

2 under subclause (II). 

3 ‘‘(II) AUTHORIZED SANCTIONS.— 

4 The Director shall establish a grad5 uated set of sanctions for violations 

6 referred to in subclause (I), includ7 ing— 

8 ‘‘(aa) fines equal to not 

9 more than 5 percent of the total 

10 capital invested by immigrant in11 vestors in the commercial enter12 prise’s approved business plan; 

13 ‘‘(bb) temporary suspension 

14 from participation in the pro15 gram described in subparagraph 

16 (E), which may be lifted by the 

17 Director if the individual or enti18 ty cures the alleged violation 

19 after being provided such an op20 portunity by the Director; 

21 ‘‘(cc) permanent bar from 

22 program participation for 1 or 

23 more individuals affiliated with 

24 the regional center; and 


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1 ‘‘(dd) termination of re2 gional center status. 

3 ‘‘(H) BONA FIDES OF PERSONS INVOLVED

4 IN REGIONAL CENTERS.— 

5 ‘‘(i) IN GENERAL.—No person shall be 

6 permitted by any regional center to be in7 volved with the regional center as its prin8 cipal, representative, administrator, owner, 

9 officer, board member, manager, executive, 

10 general partner, fiduciary, marketer, pro11 moter, or other similar position of sub12 stantive authority for the operations, man13 agement or promotion of the regional cen14 ter if the Secretary of Homeland Secu15 rity— 

16 ‘‘(I) determines such person has 

17 been found liable within the previous 

18 5 years for any criminal or civil viola19 tion of any law relating to fraud or 

20 deceit, or at any time if such violation 

21 involved a criminal conviction with a 

22 term of imprisonment of at least 1 

23 year or a criminal or civil violation of 

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1 nection with the purchase or sale of a 

2 security; or 

3 ‘‘(II) knows or has reasonable 

4 cause to believe that the person is en5 gaged in, has ever been engaged in, or 

6 seeks to engage in any— 

7 ‘‘(aa) illicit trafficking in 

8 any controlled substance; 

9 ‘‘(bb) activity relating to es10 pionage or sabotage; 

11 ‘‘(cc) activity related to 

12 money laundering (as described 

13 in section 1956 or 1957 of title 

14 18, United States Code); 

15 ‘‘(dd) terrorist activity (as 

16 defined in clauses (iii) and (iv) of 

17 section 212(a)(3)(B)); 

18 ‘‘(ee) human trafficking or 

19 human rights offense; or 

20 ‘‘(ff) violation of any stat21 ute, regulation, or Executive 

22 Order regarding foreign financial 

23 transactions or foreign asset con24 trol. 


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1 ‘‘(ii) INFORMATION REQUIRED.—The 

2 Secretary shall require such attestations 

3 and information, including, the submission 

4 of fingerprints to the Federal Bureau of 

5 Investigation, and shall perform such 

6 criminal record checks and other back7 ground checks with respect to a regional 

8 center, and persons involved in a regional 

9 center as described in clause (i), as the 

10 Secretary considers appropriate to deter11 mine whether the regional center is in com12 pliance with clause (i). The Secretary may 

13 require the information and attestations 

14 described in this clause from such regional 

15 center, and any person involved in the re16 gional center, at any time on or after the 

17 date of the enactment of the Border Secu18 rity, Economic Opportunity, and Immigra19 tion Modernization Act. 

20 ‘‘(iii) TERMINATION.—The Secretary 

21 is authorized, in his or her unreviewable 

22 discretion, to terminate any regional center 

23 from the program under this paragraph if 

24 he or she determines that— 


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1 ‘‘(I) the regional center is in vio2 lation of clause (i); 

3 ‘‘(II) the regional center or any 

4 person involved with the regional cen5 ter has provided any false attestation 

6 or information under clause (ii); 

7 ‘‘(III) the regional center or any 

8 person involved with the regional cen9 ter fails to provide an attestation or 

10 information requested by the Sec11 retary under clause (ii); or 

12 ‘‘(IV) the regional center or any 

13 person involved with the regional cen14 ter is engaged in fraud, misrepresen15 tation, criminal misuse, or threats to 

16 national security. 

17 ‘‘(I) REGIONAL CENTER COMPLIANCE

18 WITH SECURITIES LAWS.— 

19 ‘‘(i) CERTIFICATION REQUIRED.—The 

20 Secretary of Homeland Security shall not 

21 approve an application for regional center 

22 designation or regional center amendment 

23 that does not certify that the regional cen24 ter and, to the best knowledge of the appli25 cant, all parties to the regional center are 


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1 in, and will maintain, compliance with the 

2 securities laws of the United States. 

3 ‘‘(ii) TERMINATION OR SUSPEN4 SION.—The Secretary shall terminate the 

5 designation of any regional center that 

6 does not provide the certification described 

7 in subclause (i) on an annual basis. In ad8 dition to any other authority provided to 

9 the Secretary regarding the regional center 

10 program described in subparagraph (E), 

11 the Secretary may, in his or her 

12 unreviewable discretion, suspend or termi13 nate the designation of any regional center 

14 if he or she determines that the regional 

15 center or any party to the regional cen16 ter— 

17 ‘‘(I) is permanently or tempo18 rarily enjoined by order, judgment, or 

19 decree of any court of competent ju20 risdiction in connection with the pur21 chase or sale of a security; 

22 ‘‘(II) is subject to any final order 

23 of the Securities and Exchange Com24 mission that— 


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1 ‘‘(aa) bars such person from 

2 association with an entity regu3 lated by the Securities and Ex4 change Commission; or 

5 ‘‘(bb) constitutes a final 

6 order based on violations in con7 nection with the purchase or sale 

8 of a security; or 

9 ‘‘(III) knowingly submitted or 

10 caused to be submitted a certification 

11 described in clause (i) that contained 

12 an untrue statement of a material fact 

13 or omitted to state a material fact 

14 necessary in order to make the state15 ments made, in the light of the cir16 cumstances under which they were 

17 made, not misleading. 

18 ‘‘(iii) SAVINGS PROVISION.—Nothing 

19 in this subparagraph may be construed to 

20 impair or limit the authority of the Securi21 ties and Exchange Commission under the 

22 Federal securities laws. 

23 ‘‘(iv) DEFINED TERM.—For the pur24 pose of this subparagraph, the term ‘party 

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1 gional center, its agents, employees, and 

2 attorneys, and any persons in active con3 cert or participation with the regional cen4 ter. 

5 ‘‘(J) DENIAL OR REVOCATION.—If the Sec6 retary of Homeland Security determines, in his 

7 or her unreviewable discretion, that the ap8 proval of a petition, application, or benefit de9 scribed in this subparagraph is contrary to the 

10 national interest of the United States for rea11 sons relating to fraud, misrepresentation, crimi12 nal misuse, or threats to national security, the 

13 Secretary may deny or revoke the approval of— 

14 ‘‘(i) a petition seeking classification of 

15 an alien as an alien investor under this 

16 paragraph; 

17 ‘‘(ii) a petition to remove conditions 

18 under section 216A before granting lawful 

19 permanent resident status or any other pe20 tition, application, or benefit based upon 

21 the previous or concurrent filing or ap22 proval of a petition for classification of an 

23 alien under this paragraph; or 

24 ‘‘(iii) an application for designation as 

25 a regional center.’’. 


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1 (c) ASSISTANCE BY THE SECRETARY OF COM2 MERCE.— 

3 (1) IN GENERAL.—The Secretary of Commerce, 

4 upon the request of the Secretary, shall provide con5 sultation assistance for determining whether— 

6 (A) a proposed regional center should be 

7 designated, terminated, or subject to other ad8 judicative action; or 

9 (B) a petitioner or applicant for a benefit 

10 under section 203(b)(5) of the Immigration and 

11 Nationality Act, as amended by subsection (b), 

12 has met the requirements under such paragraph 

13 with respect to job creation. 

14 (2) RULEMAKING.—The Secretary and the Sec15 retary of Commerce may each adopt such rules and 

16 regulations as are necessary to carry out the con17 sultation process provided for in paragraph (1). 

18 (3) SAVINGS PROVISION.—Nothing in this sub19 section shall be construed to require consultation 

20 with the Secretary of Commerce to continue the des21 ignation of a regional center approved before the 

22 date of the enactment of this Act. 

23 (d) EFFECTIVE DATE.—The amendments made by 

24 this section— 


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1 (1) shall be effective upon the enactment of this 

2 Act; and 

3 (2) shall apply to— 

4 (A) any application to designate a regional 

5 center, and any person involved with the re6 gional center, that is pending or approved on or 

7 after the date of the enactment of this Act; and 

8 (B) any regional center approved before 

9 the date of the enactment of this Act, on or 

10 after a delayed effective date that is 1 year 

11 after such date of enactment with respect to 

12 any person involved in the regional center on or 

13 after such delayed effective date. 

14 SEC. 4805. CONDITIONAL PERMANENT RESIDENT STATUS 

15 FOR CERTAIN EMPLOYMENT-BASED IMMI16 GRANTS, SPOUSES, AND CHILDREN. 

17 (a) IN GENERAL.—Section 216A (8 U.S.C. 1186b) 

18 is amended to read as follows: 

19 ‘‘SEC. 216A. CONDITIONAL PERMANENT RESIDENT STATUS 

20 FOR CERTAIN EMPLOYMENT-BASED IMMI21 GRANTS, SPOUSES, AND CHILDREN. 

22 ‘‘(a) IN GENERAL.— 

23 ‘‘(1) CONDITIONAL BASIS FOR STATUS.—Not24 withstanding any other provision of this Act, em25 ployment-based immigrants (as defined in subsection 


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1 (f) (1) or (2)), alien spouses, and alien children (as 

2 defined in subsection (f)(3)) shall be considered, at 

3 the time of obtaining the status of an alien lawfully 

4 admitted for permanent residence, to have obtained 

5 such status on a conditional basis subject to the pro6 visions of this section. 

7 ‘‘(2) NOTICE OF REQUIREMENTS.— 

8 ‘‘(A) AT TIME OF OBTAINING PERMANENT

9 RESIDENCE.—At the time an employment-based 

10 immigrant, alien spouse, or alien child obtains 

11 permanent resident status on a conditional 

12 basis under paragraph (1), the Secretary of 

13 Homeland Security shall provide for notice to 

14 the alien, spouse, or child respecting the provi15 sions of this section and the requirements of 

16 subsection (c)(1) to have the conditional basis 

17 of such status removed. 

18 ‘‘(B) AT TIME OF REQUIRED PETITION.— 

19 In addition, the Secretary of Homeland Secu20 rity shall attempt to provide notice to an em21 ployment-based immigrant, alien spouse, or 

22 alien child, at or about the beginning of the 90- 

23 day period described in subsection (d)(3), of the 

24 requirements of subsection (c)(1). 


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1 ‘‘(C) EFFECT OF FAILURE TO PROVIDE

2 NOTICE.—The failure of the Secretary of 

3 Homeland Security to provide a notice under 

4 this paragraph shall not affect the enforcement 

5 of the provisions of this section with respect to 

6 an employment-based immigrant, alien spouse, 

7 or alien child. 

8 ‘‘(b) TERMINATION OF STATUS IF FINDING THAT

9 QUALIFYING EMPLOYMENT IMPROPER.— 

10 ‘‘(1) ALIEN INVESTOR.—In the case of an alien 

11 investor with permanent resident status on a condi12 tional basis under subsection (a), if the Secretary of 

13 Homeland Security determines, before the second 

14 anniversary of the alien’s obtaining the status of 

15 lawful admission for permanent residence, that— 

16 ‘‘(A) the investment in the commercial en17 terprise was intended as a means of evading the 

18 immigration laws of the United States; 

19 ‘‘(B)(i) the alien did not invest, or was not 

20 actively in the process of investing, the requisite 

21 capital; or 

22 ‘‘(ii) the alien was not sustaining the ac23 tions described in clause (i) throughout the pe24 riod of the alien’s residence in the United 

25 States; or 


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1 ‘‘(C) subject to the exception in subsection 

2 (d)(4), the alien was otherwise not conforming 

3 to the requirements under section 203(b)(5), 

4 the Secretary shall so notify the alien investor and, 

5 subject to paragraph (3), shall terminate the perma6 nent resident status of the alien (and the alien 

7 spouse and alien child) involved as of the date of the 

8 determination. 

9 ‘‘(2) EMPLOYEE OF A FEDERAL NATIONAL SE10 CURITY, SCIENCE, AND TECHNOLOGY LABORATORY, 

11 CENTER OR AGENCY.—In the case of an employee of 

12 a Federal national security, science, and technology 

13 laboratory, center, or agency (as defined pursuant to 

14 section 203(b)(2)(C)) with permanent resident sta15 tus on a conditional basis under subsection (a), if 

16 the Secretary of Homeland Security, in consultation 

17 with the relevant employing department or agency, 

18 determines, before the first anniversary of the alien’s 

19 obtaining the status of lawful admission for perma20 nent residence, that— 

21 ‘‘(A) the qualifying employment was in22 tended as a means of evading the immigration 

23 laws of the United States; 


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1 ‘‘(B) the alien has not completed or is not 

2 likely to complete 12 months of qualifying con3 tinuous employment; or 

4 ‘‘(C) the alien did not otherwise conform 

5 with the requirements of section 203(b)(2), 

6 the Secretary shall so notify the alien involved and, 

7 subject to paragraph (3), shall terminate the perma8 nent resident status of the alien (and the alien 

9 spouse and alien child) involved as of the date of the 

10 determination. 

11 ‘‘(3) HEARING IN REMOVAL PROCEEDING.—Any 

12 alien whose permanent resident status is terminated 

13 under paragraph (1) or (2) may request a review of 

14 such determination in a proceeding to remove the 

15 alien. In such proceeding, the burden of proof shall 

16 be on the Secretary of Homeland Security to estab17 lish, by a preponderance of the evidence, that a con18 dition described in paragraph (1) or (2), as appro19 priate, is met. 

20 ‘‘(c) REQUIREMENTS OF TIMELY PETITION AND

21 INTERVIEW FOR REMOVAL OF CONDITION.— 

22 ‘‘(1) IN GENERAL.— 

23 ‘‘(A) PETITION AND INTERVIEW.—In order 

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1 section (a) for an employment-based immigrant, 

2 alien spouse, or alien child to be removed— 

3 ‘‘(i) the employment-based immigrant 

4 shall submit to the Secretary of Homeland 

5 Security, during the period described in 

6 subsection (d)(3), a petition which requests 

7 the removal of such conditional basis and 

8 which states, under penalty of perjury, the 

9 facts and information described in para10 graph (1) or (2) of subsection (d), as ap11 propriate; and 

12 ‘‘(ii) in accordance with subsection 

13 (d)(3), the employment-based immigrant 

14 must appear for a personal interview be15 fore an officer or employee of U.S. Citizen16 ship and Immigration Services respecting 

17 such facts and information. 

18 ‘‘(B) SEPARATE PETITION NOT RE19 QUIRED.—An alien spouse or alien child shall 

20 not be required to file separate petitions under 

21 subparagraph (A)(i) if the employment-based 

22 immigrant’s petition includes such alien spouse 

23 or alien child. 

24 ‘‘(C) EFFECT ON SPOUSE OR CHILD.—If 

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1 nent residence on a conditional basis after the 

2 employment-based immigrant files a petition 

3 under subparagraph (A)(i)— 

4 ‘‘(i) the conditional basis of the per5 manent residence of the alien spouse or 

6 alien child shall be removed upon approval 

7 of the employment-based immigrant’s peti8 tion under this subsection; 

9 ‘‘(ii) the permanent residence of the 

10 alien spouse or alien child shall be uncon11 ditional if— 

12 ‘‘(I) the employment-based immi13 grant’s petition is approved before the 

14 date on which the spouse or child ob15 tains permanent residence; or 

16 ‘‘(II) the employment-based im17 migrant dies after the approval of a 

18 petition under section 203(b)(5); and 

19 ‘‘(iii) the alien child shall not be 

20 deemed ineligible for approval under sec21 tion 203(b)(5) or removal of conditions 

22 under this section if the alien child reaches 

23 21 years of age during— 


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1 ‘‘(I) the pendency of the employ2 ment-based immigrant’s petition 

3 under section 203(b)(5); or 

4 ‘‘(II) conditional residency under 

5 such section. 

6 ‘‘(D) ADDITIONAL FEE.—Notwithstanding 

7 any other provision under this section, the Sec8 retary may require the employment-based immi9 grant to pay an additional fee for a petition 

10 filed under subparagraph (A)(i) that includes 

11 the alien’s spouse and child or children. 

12 ‘‘(2) TERMINATION OF PERMANENT RESIDENT

13 STATUS FOR FAILURE TO FILE PETITION OR HAVE

14 PERSONAL INTERVIEW.— 

15 ‘‘(A) IN GENERAL.—In the case of an alien 

16 with permanent resident status on a conditional 

17 basis under subsection (a), if— 

18 ‘‘(i) no petition is filed with respect to 

19 the alien in accordance with the provisions 

20 of paragraph (1)(A); or 

21 ‘‘(ii) unless there is good cause shown, 

22 the employment-based immigrant fails to 

23 appear at the interview described in para24 graph (1)(B) (if required under subsection 

25 (d)(4)), 


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1 the Secretary of Homeland Security shall termi2 nate the permanent resident status of the alien 

3 (and the alien’s spouse and children if it was 

4 obtained on a conditional basis under this sec5 tion or section 216) as of the second anniver6 sary of the alien’s lawful admission for perma7 nent residence. 

8 ‘‘(B) HEARING IN REMOVAL PRO9 CEEDING.—In any removal proceeding with re10 spect to an alien whose permanent resident sta11 tus is terminated under subparagraph (A), the 

12 burden of proof shall be on the alien to estab13 lish compliance with the conditions of para14 graphs (1)(A) and (1)(B). 

15 ‘‘(3) DETERMINATION AFTER PETITION AND

16 INTERVIEW.— 

17 ‘‘(A) IN GENERAL.—If— 

18 ‘‘(i) a petition is filed in accordance 

19 with the provisions of paragraph (1)(A); 

20 and 

21 ‘‘(ii) the employment-based immigrant 

22 appears at any interview described in para23 graph (1)(B), 

24 the Secretary of Homeland Security shall make 

25 a determination, not later than 90 days after 


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1 the date of such filing or interview (whichever 

2 is later), as to whether the facts and informa3 tion described in paragraph (1) or (2) of sub4 section (d), as appropriate, and alleged in the 

5 petition are true. 

6 ‘‘(B) REMOVAL OF CONDITIONAL BASIS IF

7 FAVORABLE DETERMINATION.— 

8 ‘‘(i) HEADER.—If the Secretary of 

9 Homeland Security determines with re10 spect to a petition filed by an alien inves11 tor that such facts and information are 

12 true, the Secretary shall so notify the alien 

13 investor and shall remove the conditional 

14 basis of the alien’s status effective as of 

15 the second anniversary of the alien’s lawful 

16 admission for permanent residence. 

17 ‘‘(ii) REMOVAL OF CONDITIONAL

18 BASIS FOR EMPLOYEE OF A FEDERAL NA19 TIONAL SECURITY, SCIENCE, AND TECH20 NOLOGY LABORATORY, CENTER OR AGEN21 CY.—If the Secretary of Homeland Secu22 rity determines with respect to a petition 

23 filed by an employee of a Federal national 

24 security, science, and technology labora25 tory, center, or agency that such facts and 


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1 information are true, the Secretary shall so 

2 notify the alien and shall remove the condi3 tional basis of the alien’s status effective 

4 as of the first anniversary of the alien’s 

5 lawful admission for permanent residence. 

6 ‘‘(C) TERMINATION IF ADVERSE DETER7 MINATION.—If the Secretary of Homeland Se8 curity determines that such facts and informa9 tion are not true, the Secretary shall so notify 

10 the alien involved and, subject to subparagraph 

11 (D), shall terminate the permanent resident 

12 status of an employment-based immigrant, alien 

13 spouse, or alien child as of the date of the de14 termination. 

15 ‘‘(D) HEARING IN REMOVAL PRO16 CEEDING.—Any alien whose permanent resident 

17 status is terminated under subparagraph (C) 

18 may request a review of such determination in 

19 a proceeding to remove the alien. In such pro20 ceeding, the burden of proof shall be on the 

21 Secretary of Homeland Security to establish, by 

22 a preponderance of the evidence, that the facts 

23 and information described in subsection (d)(1) 

24 and alleged in the petition are not true. 

25 ‘‘(d) DETAILS OF PETITION AND INTERVIEW.— 


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1 ‘‘(1) CONTENTS OF PETITION BY ALIEN INVES2 TOR.—Each petition filed by an alien investor under 

3 section (c)(1)(A) shall contain facts and information 

4 demonstrating that the alien— 

5 ‘‘(A)(i) invested, or is actively in the proc6 ess of investing, the requisite capital; and 

7 ‘‘(ii) sustained the actions described in 

8 clause (i) throughout the period of the alien’s 

9 residence in the United States; and 

10 ‘‘(B) except as provided in paragraph (4), 

11 is otherwise conforming to the requirements 

12 under section 203(b)(5). 

13 ‘‘(2) CONTENTS OF PETITION BY EMPLOYEE OF

14 A FEDERAL NATIONAL SECURITY, SCIENCE, AND

15 TECHNOLOGY LABORATORY, CENTER, OR AGENCY.— 

16 Each petition under subsection (c)(1)(A) filed by an 

17 employee of a Federal national security, science, and 

18 technology laboratory, center, or agency shall con19 tain facts and information demonstrating that the 

20 alien is conforming to the requirements of section 

21 203(b)(2). 

22 ‘‘(3) PERIOD FOR FILING PETITION.— 

23 ‘‘(A) 90-DAY PERIOD BEFORE ANNIVER24 SARY.—Except as provided in subparagraph 


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1 (B), the petition under subsection (c)(1)(A) 

2 must be filed as follows: 

3 ‘‘(i) In the case of an alien investor, 

4 during the 90-day period before the second 

5 anniversary of the alien’s lawful admission 

6 for permanent residence. 

7 ‘‘(ii) In the case of an employee of a 

8 Federal national security, science, and 

9 technology laboratory, center, or agency, 

10 during the 90-day period before the first 

11 anniversary of the alien’s lawful admission 

12 for permanent residence. 

13 ‘‘(B) LATE PETITIONS.—Such a petition 

14 may be considered if filed after such date, but 

15 only if the alien establishes to the satisfaction 

16 of the Secretary of Homeland Security good 

17 cause and extenuating circumstances for failure 

18 to file the petition during the period described 

19 in subparagraph (A). 

20 ‘‘(C) FILING OF PETITIONS DURING RE21 MOVAL.—In the case of an alien who is the sub22 ject of removal hearings as a result of failure 

23 to file a petition on a timely basis in accordance 

24 with subparagraph (A), the Secretary of Home25 land Security may stay such removal proVerDate Mar 15 2010 02:25 Oct 04, 2013 Jkt 039200 PO 00000 Frm 01114 Fmt 6652 Sfmt 6201 E:\BILLS\H15.IH H15

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1 ceedings against an alien pending the filing of 

2 the petition under subparagraph (B). 

3 ‘‘(4) PERSONAL INTERVIEW.—The interview 

4 under subsection (c)(1)(B) shall be conducted within 

5 90 days after the date of submitting a petition under 

6 subsection (c)(1)(A) and at a local office of U.S. 

7 Citizenship and Immigration Services, designated by 

8 the Secretary of Homeland Security, which is con9 venient to the parties involved. The Secretary, in the 

10 discretion of the Secretary, may waive the deadline 

11 for such an interview or the requirement for such an 

12 interview in such cases as may be appropriate. 

13 ‘‘(5) SPECIAL RULE FOR ALIEN INVESTORS IN

14 A REGIONAL CENTER.—Each petition under sub15 section (c)(1)(A) filed by an alien investor who in16 vests in accordance with section 203(b)(5)(E) shall 

17 contain facts and information demonstrating that 

18 the alien is complying with the requirements under 

19 section 203(b)(5), except— 

20 ‘‘(A) the alien shall not be subject to the 

21 requirements under section 203(b)(5)(A)(ii); 

22 and 

23 ‘‘(B) the petition shall contain the most re24 cent financial statement filed by the regional 


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1 center in which the alien has invested in accord2 ance with section 203(b)(5)(G). 

3 ‘‘(e) TREATMENT OF PERIOD FOR PURPOSES OF

4 NATURALIZATION.—For purposes of title III, in the case 

5 of an alien who is in the United States as a lawful perma6 nent resident on a conditional basis under this section, the 

7 alien shall be considered to have been admitted as an alien 

8 lawfully admitted for permanent residence and to be in 

9 the United States as an alien lawfully admitted to the 

10 United States for permanent residence, if the alien has 

11 had the conditional basis removed pursuant to this section. 

12 ‘‘(f) FRAUD, MISREPRESENTATION, CRIMINAL MIS13 USE, OR THREATS TO THE PUBLIC SAFETY OR NATIONAL

14 SECURITY.—If the Secretary of Homeland Security deter15 mines, in his or her sole and unreviewable discretion, that 

16 the conditional permanent resident status granted to an 

17 employment-based immigrant under subsection (a), or to 

18 an alien researcher described in section 203(b)(2)(A)(ii) 

19 is contrary to the national interest of the United States 

20 for reasons relating to fraud, misrepresentation, criminal 

21 misuse, or threats to national security, the Secretary 

22 shall— 

23 ‘‘(1) notify the immigrant involved of such de24 termination; and 


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1 ‘‘(2) terminate the permanent resident status of 

2 the immigrant involved (and the alien spouse and 

3 alien children of such immigrant) as of the date of 

4 such determination. 

5 ‘‘(g) DEFINITIONS.—In this section: 

6 ‘‘(1) The term ‘alien investor’ means an alien 

7 who obtains the status of an alien lawfully admitted 

8 for permanent residence (whether on a conditional 

9 basis or otherwise) under section 203(b)(5). 

10 ‘‘(2) The term ‘alien spouse’ and the term ‘alien 

11 child’ mean an alien who obtains the status of an 

12 alien lawfully admitted for permanent residence 

13 (whether on a conditional basis or otherwise) by vir14 tue of being the spouse or child, respectively, of an 

15 alien investor or an employee of a Federal national 

16 security, science, and technology laboratory, center, 

17 or agency. 

18 ‘‘(3) The term ‘commercial enterprise’ includes 

19 a limited partnership. 

20 ‘‘(4) The term ‘employment-based immigrant’ 

21 means an alien described in paragraph (1) or (5). 

22 ‘‘(5) The term ‘employee of a Federal national 

23 security, science, and technology laboratory, center, 

24 or agency’ means an alien who obtains the status of 

25 an alien lawfully admitted for permanent residence 


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1 (whether on a conditional basis or otherwise) under 

2 section 203(b)(2)(A)(ii).’’. 

3 (b) CONFORMING AMENDMENT.—Section 216(e) (8 

4 U.S.C. 1186a(e)) is amended by inserting before the pe5 riod at the end the following: ‘‘, if the alien has had the 

6 conditional basis removed pursuant to this section’’. 

7 (c) CLERICAL AMENDMENT.—The table of contents 

8 is amended by striking the item relating to section 216A 

9 and inserting the following: 

‘‘Sec. 216A. Conditional permanent resident status for certain employmentbased immigrants, spouses, and children.’’. 

10 SEC. 4806. EB–5 VISA REFORMS. 

11 (a) ALIENS NOT SUBJECT TO DIRECT NUMERICAL

12 LIMITATION.—Section 201(b)(1) (8 U.S.C. 1151(b)(1)), 

13 as amended by sections 2103(c)(2), 2212(d)(2), 2307(b), 

14 and 2402, is further amended by adding at the end the 

15 following: 

16 ‘‘(P) Aliens who are the spouse or a child of an 

17 alien admitted as an employment-based immigrant 

18 under section 203(b)(5).’’. 

19 (b) TECHNICAL AMENDMENT.—Section 203(b)(5), as 

20 amended by this Act, is further amended by striking ‘‘At21 torney General’’ each place it appears and inserting ‘‘Sec22 retary of Homeland Security’’. 

23 (c) TARGETED EMPLOYMENT AREAS.— 


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1 (1) IN GENERAL.—Section 203(b)(5)(B) (8 

2 U.S.C. 1153(b)(5)(B)) is amended to read as fol3 lows: 

4 ‘‘(B) SET-ASIDE FOR TARGETED EMPLOY5 MENT AREAS.— 

6 ‘‘(i) IN GENERAL.—Not fewer than 

7 5,000 of the visas made available under 

8 this paragraph in each fiscal year shall be 

9 reserved for qualified immigrants who in10 vest in a new commercial enterprise de11 scribed in subparagraph (A), which— 

12 ‘‘(I) is investing such capital in a 

13 targeted employment area; and 

14 ‘‘(II) will create employment in 

15 such targeted employment area. 

16 ‘‘(ii) DURATION OF HIGH UNEMPLOY17 MENT AND POVERTY AREA DESIGNA18 TION.—A designation of a high unemploy19 ment or poverty area as a targeted employ20 ment area shall be valid for 5 years and 

21 may be renewed for additional 5-year peri22 ods if the area continues to meet the defi23 nition of a high unemployment or poverty 

24 area. An investor who has made the re25 quired amount of investment in such a tarVerDate Mar 15 2010 02:25 Oct 04, 2013 Jkt 039200 PO 00000 Frm 01119 Fmt 6652 Sfmt 6201 E:\BILLS\H15.IH H15

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1 geted employment area during its period of 

2 designation shall not be required to in3 crease the amount of investment based 

4 upon expiration of the designation.’’. 

5 (d) ADJUSTMENT OF MINIMUM EB–5 INVESTMENT

6 AMOUNT.—Section 203(b)(5)(C)(i) (8 U.S.C. 

7 1153(b)(5)(C)(i)) is amended— 

8 (1) by striking ‘‘The Attorney General’’ and in9 serting ‘‘The Secretary of Commerce’’; 

10 (2) by striking ‘‘Secretary of State’’ and insert11 ing ‘‘Secretary of Homeland Security’’; and 

12 (3) by adding at the end the following: ‘‘Unless 

13 adjusted by the Secretary of Commerce, the amount 

14 specified in this clause shall automatically adjust, on 

15 January 1, 2016, by the percentage change in the 

16 Consumer Price Index (CPI–U) during fiscal year 

17 2015, and on every fifth subsequent January 1 by 

18 the cumulative percentage change in the CPI–U dur19 ing the previous 5 fiscal years, for any petition filed 

20 to classify an alien under this paragraph on or after 

21 the date of each automatic adjustment.’’. 

22 (e) DEFINITIONS.— 

23 (1) IN GENERAL.—Section 203(b)(5) (8 U.S.C. 

24 1153(b)(5)), as amended by subsections (b) and (c) 

25 and section 4804, is further amended— 


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1 (A) by striking subparagraph (D) and in2 serting following: 

3 ‘‘(D) CALCULATION OF FULL-TIME EM4 PLOYMENT.—Job creation under this paragraph 

5 may consist of employment measured in full6 time equivalents, such as intermittent or sea7 sonal employment opportunities and construc8 tion jobs. A full-time employment position is 

9 not a requirement for indirect job creation.’’; 

10 and 

11 (B) by adding at the end the following: 

12 ‘‘(K) DEFINITIONS.—In this paragraph: 

13 ‘‘(i) The term ‘capital’ means all real, 

14 personal, or mixed assets, whether tangible 

15 or intangible, owned or controlled by the 

16 investor, or held in trust for the benefit of 

17 the investor, to which the investor has un18 restricted access, which shall be valued at 

19 fair market value in United States dollars, 

20 in accordance with Generally Accepted Ac21 counting Principles, at the time it is in22 vested under this paragraph. 

23 ‘‘(ii) The term ‘full-time employment’ 

24 means employment in a position that re25 quires at least 35 hours of service per 


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1 week, regardless of how many employees 

2 fill the position. 

3 ‘‘(iii) The term ‘high unemployment 

4 and poverty area’ means— 

5 ‘‘(I) an area consisting of a cen6 sus tract or contiguous census tracts 

7 that has an unemployment rate that 

8 is at least 150 percent of the national 

9 average unemployment rate and in10 cludes at least 1 census tract with 20 

11 percent of its residents living below 

12 the poverty level as determined by the 

13 Bureau of the Census; or 

14 ‘‘(II) an area that is within the 

15 boundaries established for purposes of 

16 a Federal or State economic develop17 ment incentive program, including 

18 areas defined as Enterprise Zones, 

19 Renewal Communities, Promise 

20 Zones, and Empowerment Zones. 

21 ‘‘(iv) The term ‘rural area’ means— 

22 ‘‘(I) any area other than an area 

23 within a metropolitan statistical area 

24 or within the outer boundary of any 

25 city or town having a population of 


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1 20,000 or more (based on the most 

2 recent decennial census of the United 

3 States); or 

4 ‘‘(II) any city or town having a 

5 population of fewer than 20,000 

6 (based on the most recent decennial 

7 census of the United States) that is 

8 located within a State having a popu9 lation of fewer than 1,500,000 (based 

10 on the most recent decennial census of 

11 the United States). 

12 ‘‘(v) The term ‘targeted employment 

13 area’ means a rural area or a high unem14 ployment and poverty area.’’. 

15 (2) EFFECTIVE DATE.—The amendment made 

16 by paragraph (1) shall apply to any application for 

17 a visa under section 203(b)(5) of the Immigration 

18 and Nationality Act that is filed on or after the date 

19 that is 1 year after the date of the enactment of this 

20 Act. 

21 (f) AGE DETERMINATION FOR CHILDREN OF ALIEN

22 INVESTORS.—Section 203(h) (8 U.S.C. 1153(h)) is 

23 amended by adding at the end the following: 

24 ‘‘(5) AGE DETERMINATION FOR CHILDREN OF

25 ALIEN INVESTORS.—An alien admitted under subVerDate Mar 15 2010 02:25 Oct 04, 2013 Jkt 039200 PO 00000 Frm 01123 Fmt 6652 Sfmt 6201 E:\BILLS\H15.IH H15

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1 section (d) as a lawful permanent resident on a con2 ditional basis as the child of an alien lawfully admit3 ted for permanent residence under subsection (b)(5), 

4 whose lawful permanent resident status on a condi5 tional basis is terminated under section 216A, shall 

6 continue to be considered a child of the principal 

7 alien for the purpose of a subsequent immigrant pe8 tition by such alien under subsection (b)(5) if the 

9 alien remains unmarried and the subsequent petition 

10 is filed by the principal alien not later than 1 year 

11 after the termination of conditional lawful perma12 nent resident status. No alien shall be considered a 

13 child under this paragraph with respect to more 

14 than 1 petition filed after the alien’s 21st birth15 day.’’. 

16 (g) ENHANCED PAY SCALE FOR CERTAIN FEDERAL

17 EMPLOYEES ADMINISTERING THE EB–5 PROGRAM.—The 

18 Secretary may establish, fix the compensation of, and ap19 point individuals to, designated critical administrative, 

20 technical, and professional positions needed to administer 

21 sections 203(b)(5) and 216A of the Immigration and Na22 tionality Act (8 U.S.C. 1153(b)(5) and 1186b). 

23 (h) DELEGATION OF CERTAIN EB–5 AUTHORITY.— 

24 (1) IN GENERAL.—The Secretary of Homeland 

25 Security may delegate to the Secretary of Commerce 


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1 authority and responsibility for determinations 

2 under sections 203(b)(5) and 216A (with respect to 

3 alien entrepreneurs) of the Immigration and Nation4 ality Act (8 U.S.C. 1153(b)(5) and 1186a), includ5 ing determining whether an alien has met employ6 ment creation requirements. 

7 (2) REGULATIONS.—The Secretary of Home8 land Security and the Secretary of Commerce may 

9 each adopt such rules and regulations as are nec10 essary to carry out the delegation authorized under 

11 paragraph (1), including regulations governing the 

12 eligibility criteria for obtaining benefits pursuant to 

13 the amendments made by this section. 

14 (3) USE OF FEES.—Adjudication fees described 

15 in section 286(m) of the Immigration and Nation16 ality Act (8 U.S.C. 1356(m)) shall remain available 

17 until expended to reimburse the Secretary of Com18 merce for the costs of any determinations made by 

19 the Secretary of Commerce under paragraph (1). 

20 (i) CONCURRENT FILING OF EB–5 PETITIONS AND

21 APPLICATIONS FOR ADJUSTMENT OF STATUS.—Section 

22 245 (8 U.S.C. 1255), as amended by section 4237(b), is 

23 further amended— 


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1 (1) in subsection (k), in the matter preceding 

2 paragraph (1), by striking ‘‘or (3)’’ and inserting 

3 ‘‘(3), (5), or (7)’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(o) At the time a petition is filed for classification 

6 under section 203(b)(5), if the approval of such petition 

7 would make a visa immediately available to the alien bene8 ficiary, the alien beneficiary’s application for adjustment 

9 of status under this section shall be considered to be prop10 erly filed whether the application is submitted concur11 rently with, or subsequent to, the visa petition.’’. 

12 SEC. 4807. AUTHORIZATION OF APPROPRIATIONS. 

13 (a) FUNDING.—There are authorized to be appro14 priated from the Trust Fund established under section 

15 9(a) such sums as may be necessary to carry out sections 

16 1110, 2101, 2104, 2212, 2213, 2221, 2232, 3301, 3501, 

17 3502, 3503, 3504, 3505, 3506, 3605, 3610, 4221, and 

18 4401 of this Act. 

19 (b) AVAILABILITY OF FUNDS.—Amounts appro20 priated pursuant to this section shall remain available 

21 until expended unless otherwise specified in this Act. 


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1 Subtitle I—Student and Exchange 

2 Visitor Programs 

3 SEC. 4901. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Student Visa In5 tegrity Act’’. 

6 SEC. 4902. SEVIS AND SEVP DEFINED. 

7 In this subtitle: 

8 (1) SEVIS.—The term ‘‘SEVIS’’ means the 

9 Student and Exchange Visitor Information System 

10 of the Department of Homeland Security. 

11 (2) SEVP.—The term ‘‘SEVP’’ means the Stu12 dent and Exchange Visitor Program of the Depart13 ment of Homeland Security. 

14 SEC. 4903. INCREASED CRIMINAL PENALTIES. 

15 Section 1546(a) of title 18, United States Code, is 

16 amended by striking ‘‘10 years’’ and inserting ‘‘15 years 

17 (if the offense was committed by an owner, official, em18 ployee, or agent of an educational institution with respect 

19 to such institution’s participation in the Student and Ex20 change Visitor Program), 10 years’’. 

21 SEC. 4904. ACCREDITATION REQUIREMENT. 

22 Section 101(a)(52) (8 U.S.C. 1101(a)(52)) is amend23 ed to read as follows: 

24 ‘‘(52) Except as provided in section 214(m)(4), the 

25 term ‘accredited college, university, or language training 


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1 program’ means a college, university, or language training 

2 program that is accredited by an accrediting agency recog3 nized by the Secretary of Education.’’. 

4 SEC. 4905. OTHER ACADEMIC INSTITUTIONS. 

5 Section 214(m) (8 U.S.C. 1184(m)) is amended by 

6 adding at the end the following: 

7 ‘‘(3) The Secretary of Homeland Security shall re8 quire accreditation of an academic institution (except for 

9 seminaries or other religious institutions) for purposes of 

10 section 101(a)(15)(F) if— 

11 ‘‘(A) that institution is not already required to 

12 be accredited under section 101(a)(15)(F)(i); and 

13 ‘‘(B) an appropriate accrediting agency recog14 nized by the Secretary of Education is able to pro15 vide such accreditation. 

16 ‘‘(4) The Secretary of Homeland Security, in the Sec17 retary’s discretion, may waive the accreditation require18 ment in section 101(a)(15)(F)(i) with respect to an ac19 credited college, university, or language training program 

20 if the academic institution— 

21 ‘‘(A) is otherwise in compliance with the re22 quirements of such section; and 

23 ‘‘(B) is, on the date of the enactment of the Il24 legal Immigration Reform and Immigrant Responsi25 bility Act of 1996, a candidate for accreditation or, 


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1 after such date, has been a candidate for accredita2 tion for at least 1 year and continues to progress to3 ward accreditation by an accreditation agency recog4 nized by the Secretary of Education.’’. 

5 SEC. 4906. PENALTIES FOR FAILURE TO COMPLY WITH 

6 SEVIS REPORTING REQUIREMENTS. 

7 Section 641 of the Illegal Immigration Reform and 

8 Immigrant Responsibility Act of 1996 (8 U.S.C. 1372) is 

9 amended— 

10 (1) in subsection (c)(1)— 

11 (A) by striking ‘‘institution,,’’ each place it 

12 appears and inserting ‘‘institution,’’; and 

13 (B) in subparagraph (D), by striking 

14 ‘‘and’’ at the end; 

15 (2) in subsection (d)(2), by striking ‘‘fails to 

16 provide the specified information’’ and all that fol17 lows and inserting ‘‘does not comply with the report18 ing requirements set forth in this section, the Sec19 retary of Homeland Security may— 

20 ‘‘(A) impose a monetary fine on such insti21 tution in an amount to be determined by the 

22 Secretary; and 

23 ‘‘(B) suspend the authority of such institu24 tion to issue a Form I–20 to any alien.’’. 


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1 SEC. 4907. VISA FRAUD. 

2 (a) IMMEDIATE WITHDRAWAL OF SEVP CERTIFI3 CATION.—Section 641(d) of the Illegal Immigration Re4 form and Immigrant Responsibility Act of 1996 (8 U.S.C. 

5 1372(d)) is amended— 

6 (1) in paragraph (1)(A), by striking ‘‘institu7 tion,,’’ and inserting ‘‘institution,’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(3) EFFECT OF REASONABLE SUSPICION OF

10 FRAUD.—If the Secretary of Homeland Security has 

11 reasonable suspicion that an owner of, or a des12 ignated school official at, an approved institution of 

13 higher education, an other approved educational in14 stitution, or a designated exchange visitor program 

15 has committed fraud or attempted to commit fraud 

16 relating to any aspect of the Student and Exchange 

17 Visitor Program, or if such owner or designated 

18 school official is indicted for such fraud, the Sec19 retary may immediately— 

20 ‘‘(A) suspend such certification without 

21 prior notification; and 

22 ‘‘(B) suspend such official’s or such 

23 school’s access to the Student and Exchange 

24 Visitor Information System (SEVIS).’’. 

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1 grant Responsibility Act of 1996, as amended by sub2 section (a), is further amended by adding at the end the 

3 following: 

4 ‘‘(5) PERMANENT DISQUALIFICATION FOR

5 FRAUD.—A designated school official at, or an owner 

6 of, an approved institution of higher education, an 

7 other approved educational institution, or a des8 ignated exchange visitor program who is convicted 

9 for fraud relating to any aspect of the Student and 

10 Exchange Visitor Program shall be permanently dis11 qualified from filing future petitions and from hav12 ing an ownership interest or a management role (in13 cluding serving as a principal, owner, officer, board 

14 member, general partner, designated school official, 

15 or any other position of substantive authority for the 

16 operations or management of the institution) in any 

17 United States educational institution that enrolls 

18 nonimmigrant alien students described in subpara19 graph (F) or (M) of section 101(a)(15) of the Immi20 gration and Nationality Act (8 U.S.C. 

21 1101(a)(15)).’’. 

22 SEC. 4908. BACKGROUND CHECKS. 

23 (a) IN GENERAL.—Section 641(d) of the Illegal Im24 migration Reform and Immigrant Responsibility Act of 

25 1996 (8 U.S.C. 1372(d)), as amended by section 4907 of 


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1 this Act, is further amended by adding at the end the fol2 lowing: 

3 ‘‘(6) BACKGROUND CHECK REQUIREMENT.— 

4 ‘‘(A) IN GENERAL.—An individual may not 

5 serve as a designated school official or be grant6 ed access to SEVIS unless the individual is a 

7 national of the United States or an alien law8 fully admitted for permanent residence and dur9 ing the most recent 3-year period— 

10 ‘‘(i) the Secretary of Homeland Secu11 rity has— 

12 ‘‘(I) conducted a thorough back13 ground check on the individual, in14 cluding a review of the individual’s 

15 criminal and sex offender history and 

16 the verification of the individual’s im17 migration status; and 

18 ‘‘(II) determined that the indi19 vidual— 

20 ‘‘(aa) has not been convicted 

21 of any violation of United States 

22 immigration law; and 

23 ‘‘(bb) is not a risk to the na24 tional security of the United 

25 States; and 


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1 ‘‘(ii) the individual has successfully 

2 completed an on-line training course on 

3 SEVP and SEVIS, which has been devel4 oped by the Secretary. 

5 ‘‘(B) INTERIM DESIGNATED SCHOOL OFFI6 CIAL.— 

7 ‘‘(i) IN GENERAL.—An individual may 

8 serve as an interim designated school offi9 cial during the period that the Secretary is 

10 conducting the background check required 

11 by subparagraph (A)(i)(I). 

12 ‘‘(ii) REVIEWS BY THE SECRETARY.— 

13 If an individual serving as an interim des14 ignated school official under clause (i) does 

15 not successfully complete the background 

16 check required by subparagraph (A)(i)(I), 

17 the Secretary shall review each Form I–20 

18 issued by such interim designated school 

19 official. 

20 ‘‘(7) FEE.—The Secretary is authorized to col21 lect a fee from an approved school for each back22 ground check conducted under paragraph (6)(A)(i). 

23 The amount of such fee shall be equal to the average 

24 amount expended by the Secretary to conduct such 

25 background checks.’’. 


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1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) shall take effect on the date that is 1 year 

3 after the date of the enactment of this Act. 

4 SEC. 4909. REVOCATION OF AUTHORITY TO ISSUE FORM I– 

5 20 OF FLIGHT SCHOOLS NOT CERTIFIED BY 

6 THE FEDERAL AVIATION ADMINISTRATION. 

7 Immediately upon the enactment of this Act, the Sec8 retary shall prohibit any flight school in the United States 

9 from accessing SEVIS or issuing a Form I–20 to an alien 

10 seeking a student visa pursuant to subparagraph (F)(i) 

11 or (M)(i) of section 101(a)(15) of the Immigration and 

12 Nationality Act (8 U.S.C. 1101(a)(15)) if the flight school 

13 has not been certified to the satisfaction of the Secretary 

14 and by the Federal Aviation Administration pursuant to 

15 part 141 or part 142 of title 14, Code of Federal Regula16 tions (or similar successor regulations). 

17 SEC. 4910. REVOCATION OF ACCREDITATION. 

18 At the time an accrediting agency or association is 

19 required to notify the Secretary of Education and the ap20 propriate State licensing or authorizing agency of the final 

21 denial, withdrawal, suspension, or termination of accredi22 tation of an institution pursuant to section 496 of the 

23 Higher Education Act of 1965 (20 U.S.C. 1099b), such 

24 accrediting agency or association shall notify the Secretary 

25 of Homeland Security of such determination and the SecVerDate Mar 15 2010 02:25 Oct 04, 2013 Jkt 039200 PO 00000 Frm 01134 Fmt 6652 Sfmt 6201 E:\BILLS\H15.IH H15

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1 retary of Homeland Security shall immediately withdraw 

2 the school from the SEVP and prohibit the school from 

3 accessing SEVIS. 

4 SEC. 4911. REPORT ON RISK ASSESSMENT. 

5 Not later than 180 days after the date of the enact6 ment of this Act, the Secretary shall submit to the Com7 mittee on the Judiciary of the Senate and the Committee 

8 on the Judiciary of the House of Representatives a report 

9 that contains the risk assessment strategy that will be em10 ployed by the Secretary to identify, investigate, and take 

11 appropriate action against schools and school officials that 

12 are facilitating the issuance of Form I–20 and the mainte13 nance of student visa status in violation of the immigra14 tion laws of the United States. 

15 SEC. 4912. IMPLEMENTATION OF GAO RECOMMENDATIONS. 

16 Not later than 180 days after the date of the enact17 ment of this Act, the Secretary shall submit to the Com18 mittee on the Judiciary of the Senate and the Committee 

19 on the Judiciary of the House of Representatives a report 

20 that describes— 

21 (1) the process in place to identify and assess 

22 risks in the SEVP; 

23 (2) a risk assessment process to allocate 

24 SEVP’s resources based on risk; 


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1 (3) the procedures in place for consistently en2 suring a school’s eligibility, including consistently 

3 verifying in lieu of letters; 

4 (4) how SEVP identified and addressed missing 

5 school case files; 

6 (5) a plan to develop and implement a process 

7 to monitor State licensing and accreditation status 

8 of all SEVP-certified schools; 

9 (6) whether all flight schools that have not been 

10 certified to the satisfaction of the Secretary and by 

11 the Federal Aviation Administration have been re12 moved from the program and have been restricted 

13 from accessing SEVIS; 

14 (7) the standard operating procedures that gov15 ern coordination among SEVP, Counterterrorism 

16 and Criminal Exploitation Unit, and U.S. Immigra17 tion and Customs Enforcement field offices; and 

18 (8) the established criteria for referring cases of 

19 a potentially criminal nature from SEVP to the 

20 counterterrorism and intelligence community. 

21 SEC. 4913. IMPLEMENTATION OF SEVIS II. 

22 Not later than 2 years after the date of the enact23 ment of this Act, the Secretary shall complete the deploy24 ment of both phases of the second generation Student and 


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1 Exchange Visitor Information System (commonly known 

2 as ‘‘SEVIS II’’). 

Æ 


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