II 

109TH CONGRESS 

1ST SESSION S. 1033 

To improve border security and immigration. 

IN THE SENATE OF THE UNITED STATES 

MAY 12, 2005 

Mr. MCCAIN (for himself, Mr. KENNEDY, Mr. BROWNBACK, Mr. LIEBERMAN, 

Mr. GRAHAM, and Mr. SALAZAR) introduced the following bill; which was 

read twice and referred to the Committee on the Judiciary 

A BILL 

To improve border security and immigration. 

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 ‘‘Secure America and Orderly Immigration Act’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

TITLE I—BORDER SECURITY 

Sec. 101. Definitions. 

SUBTITLE A—BORDER SECURITY STRATEGIC PLANNING

Sec. 111. National Strategy for Border Security. 
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Sec. 112. Reports to Congress. 

Sec. 113. Authorization of appropriations. 

SUBTITLE B—BORDER INFRASTRUCTURE, TECHNOLOGY INTEGRATION, AND

SECURITY ENHANCEMENT

Sec. 121. Border security coordination plan. 

Sec. 122. Border security advisory committee. 

Sec. 123. Programs on the use of technologies for border security. 

Sec. 124. Combating human smuggling. 

Sec. 125. Savings clause. 

SUBTITLE C—INTERNATIONAL BORDER ENFORCEMENT

Sec. 131. North American Security Initiative. 

Sec. 132. Information sharing agreements. 

Sec. 133. Improving the security of Mexico’s southern border. 

TITLE II—STATE CRIMINAL ALIEN ASSISTANCE 

Sec. 201. State criminal alien assistance program authorization of appropriations. 

Sec. 202. Reimbursement of States for indirect costs relating to the incarceration of illegal aliens. 

Sec. 203. Reimbursement of States for pre-conviction costs relating to the incarceration of illegal aliens. 

TITLE III—ESSENTIAL WORKER VISA PROGRAM 

Sec. 301. Essential workers. 

Sec. 302. Admission of essential workers. 

Sec. 303. Employer obligations. 

Sec. 304. Protection for workers. 

Sec. 305. Market-based numerical limitations. 

Sec. 306. Adjustment to lawful permanent resident status. 

Sec. 307. Essential Worker Visa Program Task Force. 

Sec. 308. Willing worker-willing employer electronic job registry. 

Sec. 309. Authorization of appropriations. 

TITLE IV—ENFORCEMENT 

Sec. 401. Document and visa requirements. 

Sec. 402. Employment Eligibility Confirmation System. 

Sec. 403. Improved entry and exit data system. 

Sec. 404. Department of labor investigative authorities. 

Sec. 405. Protection of employment rights. 

Sec. 406. Increased fines for prohibited behavior. 

TITLE V—PROMOTING CIRCULAR MIGRATION PATTERNS 

Sec. 501. Labor migration facilitation programs. 

Sec. 502. Bilateral efforts with Mexico to reduce migration pressures and costs. 

TITLE VI—FAMILY UNITY AND BACKLOG REDUCTION 

Sec. 601. Elimination of existing backlogs. 

Sec. 602. Country limits. 

Sec. 603. Allocation of immigrant visas. 
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Sec. 604. Relief for children and widows. 

Sec. 605. Amending the affidavit of support requirements. 

Sec. 606. Discretionary authority. 

Sec. 607. Family unity. 

TITLE VII—H–5B NONIMMIGRANTS 

Sec. 701. H–5B nonimmigrants. 

Sec. 702. Adjustment of status for H–5B nonimmigrants. 

Sec. 703. Aliens not subject to direct numerical limitations. 

Sec. 704. Employer protections. 

Sec. 705. Authorization of appropriations. 

TITLE VIII—PROTECTION AGAINST IMMIGRATION FRAUD 

Sec. 801. Right to qualified representation. 

Sec. 802. Protection of witness testimony. 

TITLE IX—CIVICS INTEGRATION 

Sec. 901. Funding for the Office of Citizenship. 

Sec. 902. Civics integration grant program. 

TITLE X—PROMOTING ACCESS TO HEALTH CARE 

Sec. 1001. Federal reimbursement of emergency health services furnished to 

undocumented aliens. 

Sec. 1002. Prohibition against offset of certain Medicare and Medicaid payments. 

Sec. 1003. Prohibition against discrimination against aliens on the basis of employment in hospital-based versus nonhospital-based sites. 

Sec. 1004. Binational public health infrastructure and health insurance. 

TITLE XI—MISCELLANEOUS 

Sec. 1101. Submission to Congress of information regarding H–5A nonimmigrants. 

Sec. 1102. H–5 nonimmigrant petitioner account. 

Sec. 1103. Anti-discrimination protections. 

Sec. 1104. Women and children at risk of harm. 

Sec. 1105. Expansion of S visa. 

Sec. 1106. Volunteers. 

1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) The Government of the United States has 

4 an obligation to its citizens to secure its borders and 

5 ensure the rule of law in its communities. 

6 (2) The Government of the United States must 

7 strengthen international border security efforts by 
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1 dedicating adequate and significant resources for 

2 technology, personnel, and training for border region 

3 enforcement. 

4 (3) Federal immigration policies must adhere to 

5 the United States tradition as a nation of immi6 grants and reaffirm this Nation’s commitment to 

7 family unity, economic opportunity, and humane 

8 treatment. 

9 (4) Immigrants have contributed significantly 

10 to the strength and economic prosperity of the 

11 United States and action must be taken to ensure 

12 their fair treatment by employers and protection 

13 against fraud and abuse. 

14 (5) Current immigration laws and the enforce15 ment of such laws are ineffective and do not serve 

16 the people of the United States, the national security 

17 interests of the United States, or the economic pros18 perity of the United States. 

19 (6) The United States cannot effectively carry 

20 out its national security policies unless the United 

21 States identifies undocumented immigrants and en22 courages them to come forward and participate le23 gally in the economy of the United States. 

24 (7) Illegal immigration fosters other illegal ac25 tivity, including human smuggling, trafficking, and 
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1 document fraud, all of which undermine the national 

2 security interests of the United States. 

3 (8) Illegal immigration burdens States and local 

4 communities with hundreds of millions of dollars in 

5 uncompensated expenses for law enforcement, health 

6 care, and other essential services. 

7 (9) Illegal immigration creates an underclass of 

8 workers who are vulnerable to fraud and exploi9 tation. 

10 (10) Fixing the broken immigration system re11 quires a comprehensive approach that provides for 

12 adequate legal channels for immigration and strong 

13 enforcement of immigration laws which will serve the 

14 economic, social, and security interests of the United 

15 States. 

16 (11) Foreign governments, particularly those 

17 that share an international border with the United 

18 States, must play a critical role in securing inter19 national borders and deterring illegal entry of for20 eign nationals into the United States. 

21 (12) Federal immigration policy should foster 

22 economic growth by allowing willing workers to be 

23 matched with willing employers when no United 

24 States worker is available to take a job. 
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1 (13) Immigration reform is a key component to 

2 achieving effective enforcement and will allow for the 

3 best use of security and enforcement resources to be 

4 focused on the greatest risks. 

5 (14) Comprehensive immigration reform and 

6 strong enforcement of immigration laws will encour7 age legal immigration, deter illegal immigration, and 

8 promote the economic and national security interests 

9 of the United States. 

10 TITLE I—BORDER SECURITY 

11 SEC. 101. DEFINITIONS. 

12 In this title: 

13 (1) APPROPRIATE CONGRESSIONAL COMMIT14 TEES.—The term ‘‘appropriate congressional com15 mittees’’ means— 

16 (A) the Committee on Homeland Security 

17 and Governmental Affairs of the Senate; 

18 (B) the Committee on the Judiciary of the 

19 Senate; 

20 (C) the Committee on Homeland Security 

21 of the House of Representatives; and 

22 (D) the Committee on the Judiciary of the 

23 House of Representatives. 

24 (2) INTERNATIONAL BORDER OF THE UNITED

25 STATES.—The term ‘‘international border of the 
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1 United States’’ means the international border be2 tween the United States and Canada and the inter3 national border between the United States and Mex4 ico, including points of entry along such inter5 national borders. 

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

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

9 (4) SECURITY PLAN.—The term ‘‘security plan’’ 

10 means a security plan developed as part of the Na11 tional Strategy for Border Security set forth under 

12 section 111(a) for the Border Patrol and the field 

13 offices of the Bureau of Customs and Border Pro14 tection of the Department of Homeland Security 

15 that has responsibility for the security of any portion 

16 of the international border of the United States. 

17 Subtitle A—Border Security 

18 Strategic Planning 

19 SEC. 111. NATIONAL STRATEGY FOR BORDER SECURITY. 

20 (a) IN GENERAL.—In conjunction with strategic 

21 homeland security planning efforts, the Secretary shall de22 velop, implement, and update, as needed, a National 

23 Strategy for Border Security that includes a security plan 

24 for the Border Patrol and the field offices of the Bureau 

25 of Customs and Border Protection of the Department of 
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1 Homeland Security that has responsibility for the security 

2 of any portion of the international border of the United 

3 States. 

4 (b) CONTENTS.—The National Strategy for Border 

5 Security shall include— 

6 (1) the identification and evaluation of the 

7 points of entry and all portions of the international 

8 border of the United States that, in the interests of 

9 national security and enforcement, must be pro10 tected from illegal transit; 

11 (2) a description of the most appropriate, prac12 tical, and cost-effective means of defending the inter13 national border of the United States against threats 

14 to security and illegal transit, including intelligence 

15 capacities, technology, equipment, personnel, and 

16 training needed to address security vulnerabilities 

17 within the United States for the Border Patrol and 

18 the field offices of the Bureau of Customs and Bor19 der Protection that have responsibility for any por20 tion of the international border of the United States; 

21 (3) risk-based priorities for assuring border se22 curity and realistic deadlines for addressing security 

23 and enforcement needs identified in paragraphs (1) 

24 and (2); 
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1 (4) a strategic plan that sets out agreed upon 

2 roles and missions of Federal, State, regional, local, 

3 and tribal authorities, including appropriate coordi4 nation among such authorities, to enable security en5 forcement and border lands management to be car6 ried out in an efficient and effective manner; 

7 (5) a prioritization of research and development 

8 objectives to enhance the security of the inter9 national border of the United States and enforce10 ment needs to promote such security consistent with 

11 the provisions of subtitle B; 

12 (6) an update of the 2001 Port of Entry Infra13 structure Assessment Study conducted by the 

14 United States Customs Service, in consultation with 

15 the General Services Administration; 

16 (7) strategic interior enforcement coordination 

17 plans with personnel of Immigration and Customs 

18 Enforcement; 

19 (8) strategic enforcement coordination plans 

20 with overseas personnel of the Department of Home21 land Security and the Department of State to end 

22 human smuggling and trafficking activities; 

23 (9) any other infrastructure or security plan or 

24 report that the Secretary determines appropriate for 

25 inclusion; 
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1 (10) the identification of low-risk travelers and 

2 how such identification would facilitate cross-border 

3 travel; and 

4 (11) ways to ensure that the trade and com5 merce of the United States is not diminished by ef6 forts, activities, and programs aimed at securing the 

7 homeland. 

8 (c) PRIORITY OF NATIONAL STRATEGY.—The Na9 tional Strategy for Border Security shall be the governing 

10 document for Federal security and enforcement efforts re11 lated to securing the international border of the United 

12 States. 

13 SEC. 112. REPORTS TO CONGRESS. 

14 (a) NATIONAL STRATEGY.— 

15 (1) INITIAL SUBMISSION.—Not later than 1 

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

17 Secretary shall submit the National Strategy for 

18 Border Security, including each security plan, to the 

19 appropriate congressional committees. Such plans 

20 shall include estimated costs of implementation and 

21 training from a fiscal and personnel perspective and 

22 a cost-benefit analysis of any technological security 

23 implementations. 

24 (2) SUBSEQUENT SUBMISSIONS.—After the 

25 submission required under paragraph (1), the Sec-
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1 retary shall submit to the appropriate congressional 

2 committees any revisions to the National Strategy 

3 for Border Security, including any revisions to a se4 curity plan, not less frequently than April 1 of each 

5 odd-numbered year. The plan shall include estimated 

6 costs for implementation and training and a cost7 benefit analysis of technological security implemen8 tations that take place during the time frame under 

9 evaluation. 

10 (b) PERIODIC PROGRESS REPORTS.— 

11 (1) REQUIREMENT FOR REPORT.—Each year, 

12 in conjunction with the submission of the budget to 

13 Congress under section 1105(a) of title 31, United 

14 States Code, the Secretary shall submit to the ap15 propriate congressional committees an assessment of 

16 the progress made on implementing the National 

17 Strategy for Border Security, including each security 

18 plan. 

19 (2) CONTENT.—Each progress report submitted 

20 under this subsection shall include any recommenda21 tions for improving and implementing the National 

22 Strategy for Border Security, including any rec23 ommendations for improving and implementing a se24 curity plan. 

25 (c) CLASSIFIED MATERIAL.— 
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1 (1) IN GENERAL.—Any material included in the 

2 National Strategy for Border Security, including 

3 each security plan, that includes information that is 

4 properly classified under criteria established by Ex5 ecutive order shall be submitted to the appropriate 

6 congressional committees in a classified form. 

7 (2) UNCLASSIFIED VERSION.—As appropriate, 

8 an unclassified version of the material described in 

9 paragraph (1) shall be provided to the appropriate 

10 congressional committees. 

11 SEC. 113. AUTHORIZATION OF APPROPRIATIONS. 

12 There are authorized to be appropriated to the Sec13 retary such sums as may be necessary to carry out this 

14 subtitle for each of the 5 fiscal years beginning with the 

15 fiscal year after the fiscal year in which this Act was en16 acted. 

17 Subtitle B—Border Infrastructure, 

18 Technology Integration, and Se19 curity Enhancement 

20 SEC. 121. BORDER SECURITY COORDINATION PLAN. 

21 (a) IN GENERAL.—The Secretary shall coordinate 

22 with Federal, State, local, and tribal authorities on law 

23 enforcement, emergency response, and security-related re24 sponsibilities with regard to the international border of the 

25 United States to develop and implement a plan to ensure 
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1 that the security of such international border is not com2 promised— 

3 (1) when the jurisdiction for providing such se4 curity changes from one such authority to another 

5 such authority; 

6 (2) in areas where such jurisdiction is shared 

7 by more than one such authority; or 

8 (3) by one such authority relinquishing such ju9 risdiction to another such authority pursuant to a 

10 memorandum of understanding. 

11 (b) ELEMENTS OF PLAN.—In developing the plan, 

12 the Secretary shall consider methods to— 

13 (1) coordinate emergency responses; 

14 (2) improve data-sharing, communications, and 

15 technology among the appropriate agencies; 

16 (3) promote research and development relating 

17 to the activities described in paragraphs (1) and (2); 

18 and 

19 (4) combine personnel and resource assets when 

20 practicable. 

21 (c) REPORT.—Not later than 1 year after imple22 menting the plan developed under subsection (a), the Sec23 retary shall transmit a report to the appropriate congres24 sional committees on the development and implementation 

25 of such plan. 
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1 SEC. 122. BORDER SECURITY ADVISORY COMMITTEE. 

2 (a) ESTABLISHMENT.—The Secretary is authorized 

3 to establish a Border Security Advisory Committee (re4 ferred to in this section as the ‘‘Advisory Committee’’) to 

5 provide advice and recommendations to the Secretary on 

6 border security and enforcement issues. 

7 (b) COMPOSITION.— 

8 (1) IN GENERAL.—The members of the Advi9 sory Committee shall be appointed by the Secretary 

10 and shall include representatives of— 

11 (A) States that are adjacent to the inter12 national border of the United States; 

13 (B) local law enforcement agencies; com14 munity officials, and tribal authorities of such 

15 States; and 

16 (C) other interested parties. 

17 (2) MEMBERSHIP.—The Advisory Committee 

18 shall be comprised of members who represent a 

19 broad cross section of perspectives. 

20 SEC. 123. PROGRAMS ON THE USE OF TECHNOLOGIES FOR 

21 BORDER SECURITY. 

22 (a) AERIAL SURVEILLANCE TECHNOLOGIES PRO23 GRAM.— 

24 (1) IN GENERAL.—In conjunction with the bor25 der surveillance plan developed under section 5201 

26 of the Intelligence Reform and Terrorism Prevention 
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1 Act of 2004 (Public Law 108–458), the Secretary, 

2 not later than 60 days after the date of enactment 

3 of this Act, shall develop and implement a program 

4 to fully integrate aerial surveillance technologies to 

5 enhance the border security of the United States. 

6 (2) ASSESSMENT AND CONSULTATION REQUIRE7 MENTS.—In developing the program under this sub8 section, the Secretary shall— 

9 (A) consider current and proposed aerial 

10 surveillance technologies; 

11 (B) assess the feasibility and advisability 

12 of utilizing such technologies to address border 

13 threats, including an assessment of the tech14 nologies considered best suited to address re15 spective threats; 

16 (C) consult with the Secretary of Defense 

17 regarding any technologies or equipment, which 

18 the Secretary may deploy along the inter19 national border of the United States; and 

20 (D) consult with the Administrator of the 

21 Federal Aviation Administration regarding safe22 ty, airspace coordination and regulation, and 

23 any other issues necessary for implementation 

24 of the program. 

25 (3) ADDITIONAL REQUIREMENTS.— 
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1 (A) IN GENERAL.—The program developed 

2 under this subsection shall include the utiliza3 tion of a variety of aerial surveillance tech4 nologies in a variety of topographies and areas, 

5 including populated and unpopulated areas lo6 cated on or near the international border of the 

7 United States, in order to evaluate, for a range 

8 of circumstances— 

9 (i) the significance of previous experi10 ences with such technologies in border se11 curity or critical infrastructure protection; 

12 (ii) the cost and effectiveness of var13 ious technologies for border security, in14 cluding varying levels of technical com15 plexity; and 

16 (iii) liability, safety, and privacy con17 cerns relating to the utilization of such 

18 technologies for border security. 

19 (B) USE OF UNMANNED AERIAL VEHI20 CLES.—The aerial surveillance technologies uti21 lized in the program shall include unmanned 

22 aerial vehicles. 

23 (4) CONTINUED USE OF AERIAL SURVEILLANCE

24 TECHNOLOGIES.—The Secretary may continue the 

25 operation of aerial surveillance technologies while as-
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1 sessing the effectiveness of their utilization and until 

2 such time the Secretary determines appropriate. 

3 (5) REPORT.— 

4 (A) REQUIREMENT.—Not later than 1 

5 year after implementing the program under this 

6 subsection, the Secretary shall submit a report 

7 on such program to the appropriate congres8 sional committees. 

9 (B) CONTENT.—The Secretary shall in10 clude in the report required by subparagraph 

11 (A) a description of the program together with 

12 such recommendations as the Secretary finds 

13 appropriate for enhancing the program. 

14 (b) DEMONSTRATION PROGRAMS.—The Secretary is 

15 authorized, as part of the development and implementa16 tion of the National Strategy for Border Security, to es17 tablish and carry out demonstration programs to strength18 en communication, information sharing, technology, secu19 rity, intelligence benefits, and enforcement activities that 

20 will protect the international border of the United States 

21 without diminishing international trade and commerce. 

22 (c) INSERT CONTINUED USE OF GROUND 

23 SURVEILLANCE TECHNOLOGIES.— 
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1 SEC. 124. COMBATING HUMAN SMUGGLING. 

2 (a) REQUIREMENT FOR PLAN.—The Secretary shall 

3 develop and implement a plan to improve coordination be4 tween the Bureau of Immigration and Customs Enforce5 ment and the Bureau of Customs and Border Protection 

6 of the Department of Homeland Security and any other 

7 Federal, State, local, or tribal authorities, as determined 

8 appropriate by the Secretary, to improve coordination ef9 forts to combat human smuggling. 

10 (b) CONTENT.—In developing the plan required by 

11 subsection (a), the Secretary shall consider— 

12 (1) the interoperability of databases utilized to 

13 prevent human smuggling; 

14 (2) adequate and effective personnel training; 

15 (3) methods and programs to effectively target 

16 networks that engage in such smuggling; 

17 (4) effective utilization of— 

18 (A) visas for victims of trafficking and 

19 other crimes; and 

20 (B) investigatory techniques, equipment, 

21 and procedures that prevent, detect, and pros22 ecute international money laundering and other 

23 operations that are utilized in smuggling; 

24 (5) joint measures, with the Secretary of State, 

25 to enhance intelligence sharing and cooperation with 
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1 foreign governments whose citizens are preyed on by 

2 human smugglers; and 

3 (6) other measures that the Secretary considers 

4 appropriate to combating human smuggling. 

5 (c) REPORT.—Not later than 1 year after imple6 menting the plan described in subsection (a), the Sec7 retary shall submit to Congress a report on such plan, in8 cluding any recommendations for legislative action to im9 prove efforts to combating human smuggling. 

10 SEC. 125. SAVINGS CLAUSE. 

11 Nothing in this subtitle or subtitle A may be con12 strued to provide to any State or local entity any addi13 tional authority to enforce Federal immigration laws. 

14 Subtitle C—International Border 

15 Enforcement 

16 SEC. 131. NORTH AMERICAN SECURITY INITIATIVE. 

17 (a) IN GENERAL.—The Secretary of State shall en18 hance the mutual security and safety of the United States, 

19 Canada, and Mexico by providing a framework for better 

20 management, communication, and coordination between 

21 the Governments of North America. 

22 (b) RESPONSIBILITIES.—In implementing the provi23 sions of this subtitle, the Secretary of State shall carry 

24 out all of the activities described in this subtitle. 
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1 SEC. 132. INFORMATION SHARING AGREEMENTS. 

2 The Secretary of State, in coordination with the Sec3 retary of Homeland Security and the Government of Mex4 ico, is authorized to negotiate an agreement with Mexico 

5 to— 

6 (1) cooperate in the screening of third-country 

7 nationals using Mexico as a transit corridor for 

8 entry into the United States; and 

9 (2) provide technical assistance to support 

10 stronger immigration control at the border with 

11 Mexico. 

12 SEC. 133. IMPROVING THE SECURITY OF MEXICO’S SOUTH13 ERN BORDER. 

14 (a) TECHNICAL ASSISTANCE.—The Secretary of 

15 State, in coordination with the Secretary of Homeland Se16 curity, the Canadian Department of Foreign Affairs, and 

17 the Government of Mexico, shall establish a program to— 

18 (1) assess the specific needs of the governments 

19 of Central American countries in maintaining the se20 curity of the borders of such countries; 

21 (2) use the assessment made under paragraph 

22 (1) to determine the financial and technical support 

23 needed by the governments of Central American 

24 countries from Canada, Mexico, and the United 

25 States to meet such needs; 
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1 (3) provide technical assistance to the govern2 ments of Central American countries to secure 

3 issuance of passports and travel documents by such 

4 countries; and 

5 (4) encourage the governments of Central 

6 American countries to— 

7 (A) control alien smuggling and traf8 ficking; 

9 (B) prevent the use and manufacture of 

10 fraudulent travel documents; and 

11 (C) share relevant information with Mex12 ico, Canada, and the United States. 

13 (b) IMMIGRATION.—The Secretary of Homeland Se14 curity, in consultation with the Secretary of State and ap15 propriate officials of the governments of Central American 

16 countries shall provide robust law enforcement assistance 

17 to such governments that specifically addresses migratory 

18 issues to increase the ability of such governments to dis19 mantle human smuggling organizations and gain tighter 

20 control over the border. 

21 (c) BORDER SECURITY BETWEEN MEXICO AND GUA22 TEMALA OR BELIZE.—The Secretary of State, in consulta23 tion with the Secretary of Homeland Security, the Govern24 ment of Mexico, and appropriate officials of the Govern25 ments of Guatemala, Belize, and neighboring contiguous 
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1 countries, shall establish a program to provide needed 

2 equipment, technical assistance, and vehicles to manage, 

3 regulate, and patrol the international border between Mex4 ico and Guatemala and between Mexico and Belize. 

5 (d) TRACKING CENTRAL AMERICAN GANGS.—The 

6 Secretary of State, in coordination with the Secretary of 

7 Homeland Security, the Director of the Federal Bureau 

8 of Investigation, the Government of Mexico, and appro9 priate officials of the governments of Central American 

10 countries, shall— 

11 (1) assess the direct and indirect impact on the 

12 United States and Central America on deporting vio13 lent criminal aliens; 

14 (2) establish a program and database to track 

15 Central American gang activities, focusing on the 

16 identification of returning criminal deportees; 

17 (3) devise an agreed-upon mechanism for notifi18 cation applied prior to deportation and for support 

19 for reintegration of these deportees; and 

20 (4) devise an agreement to share all relevant in21 formation with the appropriate agencies of Mexico 

22 and other Central American countries. 
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1 TITLE II—STATE CRIMINAL 

2 ALIEN ASSISTANCE 

3 SEC. 201. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM 

4 AUTHORIZATION OF APPROPRIATIONS. 

5 Section 241(i) of the Immigration and Nationality 

6 Act (8 U.S.C. 1231(i)) is amended by striking paragraphs 

7 (5) and (6) and inserting the following: 

8 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

9 ‘‘(A) IN GENERAL.—There are authorized 

10 to be appropriated to carry out this sub11 section— 

12 ‘‘(i) such sums as may be necessary 

13 for fiscal year 2005; 

14 ‘‘(ii) $750,000,000 for fiscal year 

15 2006; 

16 ‘‘(iii) $850,000,000 for fiscal year 

17 2007; and 

18 ‘‘(iv) $950,000,000 for each of the fis19 cal years 2008 through 2011. 

20 ‘‘(B) LIMITATION ON USE OF FUNDS.— 

21 Amounts appropriated pursuant to subpara22 graph (A) that are distributed to a State or po23 litical subdivision of a State, including a mu24 nicipality, may be used only for correctional 

25 purposes.’’. 
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1 SEC. 202. REIMBURSEMENT OF STATES FOR INDIRECT 

2 COSTS RELATING TO THE INCARCERATION 

3 OF ILLEGAL ALIENS. 

4 Section 501 of the Immigration Reform and Control 

5 Act of 1986 (8 U.S.C. 1365) is amended— 

6 (1) in subsection (a)— 

7 (A) by striking ‘‘for the costs’’ and insert8 ing the following: ‘‘for— 

9 ‘‘(1) the costs’’; and 

10 (B) by striking ‘‘such State.’’ and inserting 

11 the following: ‘‘such State; and 

12 ‘‘(2) the indirect costs related to the imprison13 ment described in paragraph (1).’’; and 

14 (2) by striking subsections (c) through (e) and 

15 inserting the following: 

16 ‘‘(c) MANNER OF ALLOTMENT OF REIMBURSE17 MENTS.—Reimbursements under this section shall be al18 lotted in a manner that gives special consideration for any 

19 State that— 

20 ‘‘(1) shares a border with Mexico or Canada; or 

21 ‘‘(2) includes within the State an area in which 

22 a large number of undocumented aliens reside rel23 ative to the general population of that area. 

24 ‘‘(d) DEFINITIONS.—As used in this section: 

25 ‘‘(1) INDIRECT COSTS.—The term ‘indirect 

26 costs’ includes— 
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1 ‘‘(A) court costs, county attorney costs, de2 tention costs, and criminal proceedings expendi3 tures that do not involve going to trial; 

4 ‘‘(B) indigent defense costs; and 

5 ‘‘(C) unsupervised probation costs. 

6 ‘‘(2) STATE.—The term ‘State’ has the mean7 ing given such term in section 101(a)(36) of the Im8 migration and Nationality Act. 

9 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated $200,000,000 for each 

11 of the fiscal years 2005 through 2011 to carry out sub12 section (a)(2).’’. 

13 SEC. 203. REIMBURSEMENT OF STATES FOR PRE-CONVIC14 TION COSTS RELATING TO THE INCARCER15 ATION OF ILLEGAL ALIENS. 

16 Section 241(i)(3)(A) of the Immigration and Nation17 ality Act (8 U.S.C. 1231(i)(3)(a) is amended by inserting 

18 ‘‘charged with or’’ before ‘‘convicted.’’ 

19 TITLE III—ESSENTIAL WORKER 

20 VISA PROGRAM 

21 SEC. 301. ESSENTIAL WORKERS. 

22 Section 101(a)(15)(H) of the Immigration and Na23 tionality Act (8 U.S.C. 1101(a)(15)(H)) is amended— 

24 (1) by striking ‘‘(H) an alien (i)(b)’’ and insert25 ing the following: 
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1 ‘‘(H) an alien— 

2 ‘‘(i)(b)’’; 

3 (2) by striking ‘‘or (ii)(a)’’ and inserting the 

4 following: 

5 ‘‘(ii)(a)’’; 

6 (3) by striking ‘‘or (iii)’’ and inserting the fol7 lowing: 

8 ‘‘(iii)’’; and 

9 (4) by adding at the end the following: 

10 ‘‘(v)(a) subject to section 218A, hav11 ing residence in a foreign country, which 

12 the alien has no intention of abandoning, 

13 who is coming temporarily to the United 

14 States to initially perform labor or services 

15 (other than those occupation classifications 

16 covered under the provisions of clause 

17 (i)(b) or (ii)(a) or subparagraph (L), (O), 

18 (P), or (R)); or.’’. 

19 SEC. 302. ADMISSION OF ESSENTIAL WORKERS. 

20 (a) IN GENERAL.—Chapter 2 of title II of the Immi21 gration and Nationality Act (8 U.S.C. 1181 et seq.) is 

22 amended by inserting after section 218 the following: 

23 ‘‘ADMISSION OF TEMPORARY H–5A WORKERS

24 ‘‘SEC. 218A. (a) The Secretary of State may grant 

25 a temporary visa to a nonimmigrant described in section 

26 101(a)(15)(H)(v)(a) who demonstrates an intent to per-
27 

•S 1033 IS

1 form labor or services in the United States (other than 

2 those occupational classifications covered under the provi3 sions of clause (i)(b) or (ii)(a) of section 101(a)(15)(H) 

4 or subparagraph (L), (O), (P), or (R)) of section 

5 101(a)(15). 

6 ‘‘(b) REQUIREMENTS FOR ADMISSION.—In order to 

7 be eligible for nonimmigrant status under section 

8 101(a)(15)(H)(v)(a), an alien shall meet the following re9 quirements: 

10 ‘‘(1) ELIGIBILITY TO WORK.—The alien shall 

11 establish that the alien is capable of performing the 

12 labor or services required for an occupation under 

13 section 101(a)(15)(H)(v). 

14 ‘‘(2) EVIDENCE OF EMPLOYMENT.—The alien’s 

15 evidence of employment shall be provided through 

16 the Employment Eligibility Confirmation System es17 tablished under section 274E or in accordance with 

18 requirements issued by the Secretary of State, in 

19 consultation with the Secretary of Homeland Secu20 rity. In carrying out this paragraph, the Secretary 

21 may consider evidence from employers, employer as22 sociations, and labor representatives. 

23 ‘‘(3) FEE.—The alien shall pay a $500 applica24 tion fee to apply for the visa in addition to the cost 

25 of processing and adjudicating such application. 
28 

•S 1033 IS

1 Nothing in this paragraph shall be construed to af2 fect consular procedures for charging reciprocal fees. 

3 ‘‘(4) MEDICAL EXAMINATION.—The alien shall 

4 undergo a medical examination (including a deter5 mination of immunization status) at the alien’s ex6 pense, that conforms to generally accepted standards 

7 of medical practice. 

8 ‘‘(c) GROUNDS OF INADMISSIBILITY.— 

9 ‘‘(1) IN GENERAL.—In determining an alien’s 

10 admissibility as a nonimmigrant under section 

11 101(a)(15)(H)(v)(a)— 

12 ‘‘(A) paragraphs (5), (6) (except for sub13 paragraph (E)), (7), (9), and (10)(B) of section 

14 212(a) may be waived for conduct that occurred 

15 before the date on which the Secure America 

16 and Orderly Immigration Act was introduced; 

17 ‘‘(B) the Secretary of Homeland Security 

18 may not waive— 

19 ‘‘(i) subparagraph (A), (B), (C), (E), 

20 (G), (H), or (I) of section 212(a)(2) (relat21 ing to criminals); 

22 ‘‘(ii) section 212(a)(3) (relating to se23 curity and related grounds); or 
29 

•S 1033 IS

1 ‘‘(iii) subparagraph (A) or (C) of sec2 tion 212(a)(10) (relating to polygamists 

3 and child abductors); 

4 ‘‘(C) for conduct that occurred before the 

5 date on which the Secure America and Orderly 

6 Immigration Act was introduced, the Secretary 

7 of Homeland Security may waive the applica8 tion of any provision of section 212(a) not list9 ed in subparagraph (B) on behalf of an indi10 vidual alien for humanitarian purposes, to en11 sure family unity, or when such waiver is other12 wise in the public interest; and 

13 ‘‘(D) nothing in this paragraph shall be 

14 construed as affecting the authority of the Sec15 retary of Homeland Security to waive the provi16 sions of section 212(a). 

17 ‘‘(2) WAIVER FINE.—An alien who is granted a 

18 waiver under subparagraph (1) shall pay a $1,500 

19 fine upon approval of the alien’s visa application. 

20 ‘‘(3) APPLICABILITY OF OTHER PROVISIONS.— 

21 Sections 240B(d) and 241(a)(5) shall not apply to 

22 an alien who initially seeks admission as a non23 immigrant under section 101(a)(15)(H)(v)(a). 

24 ‘‘(4) RENEWAL OF AUTHORIZED ADMISSION

25 AND SUBSEQUENT ADMISSIONS.—An alien seeking 
30 

•S 1033 IS

1 renewal of authorized admission or subsequent ad2 mission as a nonimmigrant under section 

3 101(a)(15)(H)(v)(a) shall establish that the alien is 

4 not inadmissible under section 212(a). 

5 ‘‘(d) PERIOD OF AUTHORIZED ADMISSION.— 

6 ‘‘(1) INITIAL PERIOD.—The initial period of au7 thorized admission as a nonimmigrant described in 

8 section 101(a)(15)(H)(v)(a) shall be 3 years. 

9 ‘‘(2) RENEWALS.—The alien may seek an ex10 tension of the period described in paragraph (1) for 

11 1 additional 3-year period. 

12 ‘‘(3) LOSS OF EMPLOYMENT.— 

13 ‘‘(A) IN GENERAL.—Subject to subsection 

14 (c), the period of authorized admission of a 

15 nonimmigrant alien under section 

16 101(a)(15)(H)(v)(a) shall terminate if the non17 immigrant is unemployed for 45 or more con18 secutive days. 

19 ‘‘(B) RETURN TO FOREIGN RESIDENCE.— 

20 Any alien whose period of authorized admission 

21 terminates under subparagraph (A) shall be re22 quired to return to the country of the alien’s 

23 nationality or last residence. 

24 ‘‘(C) PERIOD OF VISA VALIDITY.—Any 

25 alien, whose period of authorized admission ter-
31 

•S 1033 IS

1 minates under subparagraph (A), who returns 

2 to the country of the alien’s nationality or last 

3 residence under subparagraph (B), may reenter 

4 the United States on the basis of the same visa 

5 to work for an employer, if the alien has com6 plied with the requirements of subsection 

7 (b)(1). 

8 ‘‘(4) VISITS OUTSIDE UNITED STATES.— 

9 ‘‘(A) IN GENERAL.—Under regulations es10 tablished by the Secretary of Homeland Secu11 rity, a nonimmigrant alien under section 

12 101(a)(15)(H)(v)(a)— 

13 ‘‘(i) may travel outside of the United 

14 States; and 

15 ‘‘(ii) may be readmitted without hav16 ing to obtain a new visa if the period of 

17 authorized admission has not expired. 

18 ‘‘(B) EFFECT ON PERIOD OF AUTHORIZED

19 ADMISSION.—Time spent outside the United 

20 States under subparagraph (A) shall not extend 

21 the period of authorized admission in the 

22 United States. 

23 ‘‘(e) PORTABILITY.—A nonimmigrant alien described 

24 in this section, who was previously issued a visa or other25 wise provided nonimmigrant status under section 
32 

•S 1033 IS

1 101(a)(15)(H)(v)(a), may accept new employment with a 

2 subsequent employer. 

3 ‘‘(f) WAIVER OF RIGHTS PROHIBITED.—A non4 immigrant alien described in section 101(a)(15)(H)(v)(a) 

5 may not be required to waive any rights or protections 

6 under the Secure America and Orderly Immigration Act. 

7 ‘‘(g) CHANGE OF ADDRESS.—An alien having non8 immigrant status described in section 101(a)(15)(H)(v)(a) 

9 shall comply by either electronic or paper notification with 

10 the change of address reporting requirements under sec11 tion 265. 

12 ‘‘(h) BAR TO FUTURE VISAS FOR VIOLATIONS.— 

13 ‘‘(1) IN GENERAL.—Any alien having the non14 immigrant status described in section 

15 101(a)(15)(H)(v)(a) shall not be eligible to renew 

16 such nonimmigrant status if the alien willfully vio17 lates any material term or condition of such status. 

18 ‘‘(2) WAIVER.—The alien may apply for a waiv19 er of the application of subparagraph (A) for tech20 nical violations, inadvertent errors, or violations for 

21 which the alien was not at fault. 

22 ‘‘(i) COLLECTION OF FEES.—All fees collected under 

23 this section shall be deposited in the Treasury in accord24 ance with section 286(w).’’. 
33 

•S 1033 IS

1 (b) CONFORMING AMENDMENT REGARDING PRE2 SUMPTION OF NONIMMIGRANT STATUS.—Section 214(b) 

3 of the Immigration and Nationality Act (8 U.S.C. 

4 1184(b)) is amended by inserting ‘‘(H)(v)(a),’’ after 

5 ‘‘(H)(i),’’. 

6 (c) CLERICAL AMENDMENT.—The table of contents 

7 for the Immigration and Nationality Act (8 U.S.C. 1101 

8 et seq.) is amended by inserting after the item relating 

9 to section 218 the following: 

‘‘Sec. 218A. Admission of temporary H–5A workers.’’. 

10 SEC. 303. EMPLOYER OBLIGATIONS. 

11 Employers employing a nonimmigrant described in 

12 section 101(a)(15)(H)(v)(a) of the Immigration and Na13 tionality Act, as added by section 301, shall comply with 

14 all applicable Federal, State, and local laws, including— 

15 (1) laws affecting migrant and seasonal agricul16 tural workers; and 

17 (2) the requirements under section 274E of 

18 such Act, as added by section 402. 

19 SEC. 304. PROTECTION FOR WORKERS. 

20 Section 218A of the Immigration and Nationality 

21 Act, as added by section 302, is amended by adding at 

22 the end the following: 

23 ‘‘(h) APPLICATION OF LABOR AND OTHER LAWS.— 

24 ‘‘(1) DEFINITIONS.—As used in this subsection 

25 and in subsections (i) through (k): 
34 

•S 1033 IS

1 ‘‘(A) EMPLOY; EMPLOYEE; EMPLOYER.— 

2 The terms ‘employ’, ‘employee’, and ‘employer’ 

3 have the meanings given such terms in section 

4 3 of the Fair Labor Standards Act of 1938 (29 

5 U.S.C. 203). 

6 ‘‘(B) FOREIGN LABOR CONTRACTOR.—The 

7 term ‘foreign labor contractor’ means any per8 son who for any compensation or other valuable 

9 consideration paid or promised to be paid, per10 forms any foreign labor contracting activity. 

11 ‘‘(C) FOREIGN LABOR CONTRACTING AC12 TIVITY.—The term ‘foreign labor contracting 

13 activity’ means recruiting, soliciting, hiring, em14 ploying, or furnishing, an individual who resides 

15 outside of the United States for employment in 

16 the United States as a nonimmigrant alien de17 scribed in section 101(a)(15)(H)(v)(a). 

18 ‘‘(2) COVERAGE.—Notwithstanding any other 

19 provision of law— 

20 ‘‘(A) a nonimmigrant alien described in 

21 section 101(a)(15)(H)(v)(a) is prohibited from 

22 being treated as an independent contractor; and 

23 ‘‘(B) no person may treat a nonimmigrant 

24 alien described in section 101(a)(15)(H)(v)(a) 

25 as an independent contractor. 
35 

•S 1033 IS

1 ‘‘(3) APPLICABILITY OF LAWS.—A non2 immigrant alien described in section 

3 101(a)(15)(H)(v)(a) shall not be denied any right or 

4 any remedy under Federal, State, or local labor or 

5 employment law that would be applicable to a 

6 United States worker employed in a similar position 

7 with the employer because of the alien’s status as a 

8 nonimmigrant worker. 

9 ‘‘(4) TAX RESPONSIBILITIES.—With respect to 

10 each employed nonimmigrant alien described in sec11 tion 101(a)(15)(H)(v)(a), an employer shall comply 

12 with all applicable Federal, State, and local tax and 

13 revenue laws. 

14 ‘‘(5) NONDISCRIMINATION IN EMPLOYMENT.— 

15 An employer shall provide nonimmigrants issued a 

16 visa under this section with the same wages, bene17 fits, and working conditions that are provided by the 

18 employer to United States workers similarly em19 ployed in the same occupation and the same place of 

20 employment. 

21 ‘‘(6) NO REPLACEMENT OF STRIKING EMPLOY22 EES.—An employer may not hire a nonimmigrant 

23 alien described in section 101(a)(15)(H)(v)(a) as a 

24 replacement worker if there is a strike or lockout in 
36 

•S 1033 IS

1 the course of a labor dispute in the occupational 

2 classification at the place of employment. 

3 ‘‘(7) WAIVER OF RIGHTS PROHIBITED.—A non4 immigrant alien described in section 

5 101(a)(15)(H)(v)(a) may not be required to waive 

6 any rights or protections under the Secure America 

7 and Orderly Immigration Act. Nothing under this 

8 provision shall be construed to affect the interpreta9 tion of other laws. 

10 ‘‘(8) NO THREATENING OF EMPLOYEES.—It 

11 shall be a violation of this section for an employer 

12 who has filed a petition under section 203(b) to 

13 threaten the alien beneficiary of such a petition with 

14 withdrawal of the application, or to withdraw such 

15 a petition in retaliation for the beneficiary’s exercise 

16 of a right protected by the Secure America and Or17 derly Immigration Act. 

18 ‘‘(9) WHISTLEBLOWER PROTECTION.—It shall 

19 be unlawful for an employer or a labor contractor of 

20 a nonimmigrant alien described in section 

21 101(a)(15)(H)(v)(a) to intimidate, threaten, re22 strain, coerce, retaliate, discharge, or in any other 

23 manner, discriminate against an employee or former 

24 employee because the employee or former em25 ployee— 
37 

•S 1033 IS

1 ‘‘(A) discloses information to the employer 

2 or any other person that the employee or 

3 former employee reasonably believes dem4 onstrates a violation of Secure America and Or5 derly Immigration Act. 

6 ‘‘(B) cooperates or seeks to cooperate in an 

7 investigation or other proceeding concerning 

8 compliance with the requirements of the Secure 

9 America and Orderly Immigration Act. 

10 ‘‘(i) LABOR RECRUITERS.— 

11 ‘‘(1) IN GENERAL.—Each employer that en12 gages in foreign labor contracting activity and each 

13 foreign labor contractor shall ascertain and disclose 

14 to each such worker who is recruited for employment 

15 the following information at the time of the worker’s 

16 recruitment: 

17 ‘‘(A) The place of employment. 

18 ‘‘(B) The compensation for the employ19 ment. 

20 ‘‘(C) A description of employment activi21 ties. 

22 ‘‘(D) The period of employment. 

23 ‘‘(E) Any other employee benefit to be pro24 vided and any costs to be charged for each ben25 efit. 
38 

•S 1033 IS

1 ‘‘(F) Any travel or transportation expenses 

2 to be assessed. 

3 ‘‘(G) The existence of any labor organizing 

4 effort, strike, lockout, or other labor dispute at 

5 the place of employment. 

6 ‘‘(H) The existence of any arrangement 

7 with any owner, employer, foreign contractor, 

8 or its agent where such person receives a com9 mission from the provision of items or services 

10 to workers. 

11 ‘‘(I) The extent to which workers will be 

12 compensated through workers’ compensation, 

13 private insurance, or otherwise for injuries or 

14 death, including work related injuries and 

15 death, during the period of employment and, if 

16 so, the name of the State workers’ compensa17 tion insurance carrier or the name of the policy18 holder of the private insurance, the name and 

19 the telephone number of each person who must 

20 be notified of an injury or death, and the time 

21 period within which such notice must be given. 

22 ‘‘(J) Any education or training to be pro23 vided or required, including the nature and cost 

24 of such training, who will pay such costs, and 

25 whether the training is a condition of employ-
39 

•S 1033 IS

1 ment, continued employment, or future employ2 ment. 

3 ‘‘(K) A statement, in a form specified by 

4 the Secretary of Labor, describing the protec5 tions of this Act for workers recruited abroad. 

6 ‘‘(2) FALSE OR MISLEADING INFORMATION.— 

7 No foreign labor contractor or employer who en8 gages in foreign labor contracting activity shall 

9 knowingly provide material false or misleading infor10 mation to any worker concerning any matter re11 quired to be disclosed in paragraph (1). 

12 ‘‘(3) LANGUAGES.—The information required to 

13 be disclosed under paragraph (1) shall be provided 

14 in writing in English or, as necessary and reason15 able, in the language of the worker being recruited. 

16 The Department of Labor shall make forms avail17 able in English, Spanish, and other languages, as 

18 necessary, which may be used in providing workers 

19 with information required under this section. 

20 ‘‘(4) FEES.—A person conducting a foreign 

21 labor contracting activity shall not assess any fee to 

22 a worker for such foreign labor contracting activity. 

23 ‘‘(5) TERMS.—No employer or foreign labor 

24 contractor shall, without justification, violate the 
40 

•S 1033 IS

1 terms of any agreement made by that contractor or 

2 employer regarding employment under this program. 

3 ‘‘(6) TRAVEL COSTS.—If the foreign labor con4 tractor or employer charges the employee for trans5 portation such transportation costs shall be reason6 able. 

7 ‘‘(7) OTHER WORKER PROTECTIONS.— 

8 ‘‘(A) NOTIFICATION.—Every 2 years, each 

9 employer shall notify the Secretary of Labor of 

10 the identity of any foreign labor contractor en11 gaged by the employer in any foreign labor con12 tractor activity for or on behalf of the employer. 

13 ‘‘(B) REGISTRATION OF FOREIGN LABOR

14 CONTRACTORS.— 

15 ‘‘(i) IN GENERAL.—No person shall 

16 engage in foreign labor recruiting activity 

17 unless such person has a certificate of reg18 istration from the Secretary of Labor 

19 specifying the activities that such person is 

20 authorized to perform. An employer who 

21 retains the services of a foreign labor con22 tractor shall only use those foreign labor 

23 contractors who are registered under this 

24 subparagraph. 
41 

•S 1033 IS

1 ‘‘(ii) ISSUANCE.—The Secretary shall 

2 promulgate regulations to establish an effi3 cient electronic process for the investiga4 tion and approval of an application for a 

5 certificate of registration of foreign labor 

6 contractors not later than 14 days after 

7 such application is filed. Such process shall 

8 include requirements under paragraphs 

9 (1), (4), and (5) of section 1812 of title 

10 29, United States Code, an expeditious 

11 means to update registrations and renew 

12 certificates and any other requirements the 

13 Secretary may prescribe. 

14 ‘‘(iii) TERM.—Unless suspended or re15 voked, a certificate under this subpara16 graph shall be valid for 2 years. 

17 ‘‘(iv) REFUSAL TO ISSUE; REVOCA18 TION; SUSPENSION.—In accordance with 

19 regulations promulgated by the Secretary 

20 of Labor, the Secretary may refuse to issue 

21 or renew, or may suspend or revoke, a cer22 tificate of registration under this subpara23 graph. The justification for such refusal, 

24 suspension, or revocation may include the 

25 following: 
42 

•S 1033 IS

1 ‘‘(I) The application or holder of 

2 the certification has knowingly made a 

3 material misrepresentation in the ap4 plication for such certificate. 

5 ‘‘(II) The applicant for or holder 

6 of the certification is not the real 

7 party in interest in the application or 

8 certificate of registration and the real 

9 party in interest is a person who has 

10 been refused issuance or renewal of a 

11 certificate, has had a certificate sus12 pended or revoked, or does not qualify 

13 for a certificate under this paragraph. 

14 ‘‘(III) The applicant for or holder 

15 of the certification has failed to com16 ply with the Secure America and Or17 derly Immigration Act. 

18 ‘‘(C) REMEDY FOR VIOLATIONS.—An em19 ployer engaging in foreign labor contracting ac20 tivity and a foreign labor contractor that vio21 lates the provisions of this subsection shall be 

22 subject to remedies for foreign labor contractor 

23 violations under subsections (j) and (k). If a 

24 foreign labor contractor acting as an agent of 

25 an employer violates any provision of this sub-
43 

•S 1033 IS

1 section, the employer shall also be subject to 

2 remedies under subsections (j) and (k). An em3 ployer that violates a provision of this sub4 section relating to employer obligations shall be 

5 subject to remedies under this subsections (j) 

6 and (k). 

7 ‘‘(D) EMPLOYER NOTIFICATION.—An em8 ployer shall notify the Secretary of Labor any 

9 time the employer becomes aware of a violation 

10 of this subsection by a foreign labor recruiter. 

11 ‘‘(E) WRITTEN AGREEMENTS.—No foreign 

12 labor contractor shall violate the terms of any 

13 written agreements made with an employer re14 lating to any contracting activity or worker pro15 tection under this subsection. 

16 ‘‘(F) BONDING REQUIREMENT.—The Sec17 retary of Labor may require a foreign labor 

18 contractor under this subsection to post a bond 

19 in an amount sufficient to ensure the protection 

20 of individuals recruited by the foreign labor 

21 contractor. The Secretary may consider the ex22 tent to which the foreign labor contractor has 

23 sufficient ties to the United States to ade24 quately enforce this subsection. 

25 ‘‘(j) ENFORCEMENT.— 
44 

•S 1033 IS

1 ‘‘(1) IN GENERAL.—The Secretary of Labor 

2 shall prescribe regulations for the receipt, investiga3 tion, and disposition of complaints by an aggrieved 

4 person respecting a violation of this section. 

5 ‘‘(2) DEFINITION.—As used in this subsection, 

6 an ‘aggrieved person’ is a person adversely affected 

7 by the alleged violation, including— 

8 ‘‘(A) a worker whose job, wages, or work9 ing conditions are adversely affected by the vio10 lation; and 

11 ‘‘(B) a representative for workers whose 

12 jobs, wages, or working conditions are adversely 

13 affected by the violation who brings a complaint 

14 on behalf of such worker. 

15 ‘‘(3) FILING DEADLINE.—No investigation or 

16 hearing shall be conducted on a complaint con17 cerning a violation under this section unless the 

18 complaint was filed not later than 12 months after 

19 the date of such violation. 

20 ‘‘(4) REASONABLE CAUSE.—The Secretary of 

21 Labor shall conduct an investigation under this sub22 section if there is reasonable cause to believe that a 

23 violation of this section has occurred. The process 

24 established under this subsection shall provide that, 

25 not later than 30 days after a complaint is filed, the 
45 

•S 1033 IS

1 Secretary shall determine if there is reasonable 

2 cause to find such a violation. 

3 ‘‘(5) NOTICE AND HEARING.— 

4 ‘‘(A) IN GENERAL.—Not later than 60 

5 days after the Secretary of Labor makes a de6 termination of reasonable cause under para7 graph (4), the Secretary shall issue a notice to 

8 the interested parties and offer an opportunity 

9 for a hearing on the complaint, in accordance 

10 with section 556 of title 5, United States Code. 

11 ‘‘(B) COMPLAINT.—If the Secretary of 

12 Labor, after receiving a complaint under this 

13 subsection, does not offer the aggrieved party 

14 or organization an opportunity for a hearing 

15 under subparagraph (A), the Secretary shall no16 tify the aggrieved party or organization of such 

17 determination and the aggrieved party or orga18 nization may seek a hearing on the complaint 

19 in accordance with such section 556. 

20 ‘‘(C) HEARING DEADLINE.—Not later than 

21 60 days after the date of a hearing under this 

22 paragraph, the Secretary of Labor shall make a 

23 finding on the matter in accordance with para24 graph (6). 
46 

•S 1033 IS

1 ‘‘(6) ATTORNEYS’ FEES.—A complainant who 

2 prevails with respect to a claim under this sub3 section shall be entitled to an award of reasonable 

4 attorneys’ fees and costs. 

5 ‘‘(7) POWER OF THE SECRETARY.—The Sec6 retary may bring an action in any court of com7 petent jurisdiction— 

8 ‘‘(A) to seek remedial action, including in9 junctive relief; 

10 ‘‘(B) to recover the damages described in 

11 subsection (k); or 

12 ‘‘(C) to ensure compliance with terms and 

13 conditions described in subsection (i). 

14 ‘‘(8) SOLICITOR OF LABOR.—Except as pro15 vided in section 518(a) of title 28, United States 

16 Code, the Solicitor of Labor may appear for and rep17 resent the Secretary of Labor in any civil litigation 

18 brought under this subsection. All such litigation 

19 shall be subject to the direction and control of the 

20 Attorney General. 

21 ‘‘(9) PROCEDURES IN ADDITION TO OTHER

22 RIGHTS OF EMPLOYEES.—The rights and remedies 

23 provided to workers under this section are in addi24 tion to, and not in lieu of, any other contractual or 

25 statutory rights and remedies of the workers, and 
47 

•S 1033 IS

1 are not intended to alter or affect such rights and 

2 remedies. 

3 ‘‘(k) PENALTIES.— 

4 ‘‘(1) IN GENERAL.—If, after notice and an op5 portunity for a hearing, the Secretary of Labor finds 

6 a violation of subsection (h) or (i), the Secretary 

7 may impose administrative remedies and penalties, 

8 including— 

9 ‘‘(A) back wages; 

10 ‘‘(B) fringe benefits; and 

11 ‘‘(C) civil monetary penalties. 

12 ‘‘(2) CIVIL PENALTIES.—The Secretary of 

13 Labor may impose, as a civil penalty— 

14 ‘‘(A) for a violation of subsection (h)— 

15 ‘‘(i) a fine in an amount not to exceed 

16 $2,000 per violation per affected worker; 

17 ‘‘(ii) if the violation was willful viola18 tion, a fine in an amount not to exceed 

19 $5,000 per violation per affected worker; 

20 ‘‘(iii) if the violation was willful and if 

21 in the course of such violation a United 

22 States worker was harmed, a fine in an 

23 amount not to exceed $25,000 per viola24 tion per affected worker; and 

25 ‘‘(B) for a violation of subsection (i)— 
48 

•S 1033 IS

1 ‘‘(i) a fine in an amount not less than 

2 $500 and not more than $4,000 per viola3 tion per affected worker; 

4 ‘‘(ii) if the violation was willful, a fine 

5 in an amount not less than $2,000 and not 

6 more than $5,000 per violation per af7 fected worker; and 

8 ‘‘(iii) if the violation was willful and if 

9 in the course of such violation a United 

10 States worker was harmed, a fine in an 

11 amount not less than $6,000 and not more 

12 than $35,000 per violation per affected 

13 worker. 

14 ‘‘(3) USE OF CIVIL PENALTIES.—All penalties 

15 collected under this subsection shall be deposited in 

16 the Treasury in accordance with section 286(w). 

17 ‘‘(4) CRIMINAL PENALTIES.—If a willful and 

18 knowing violation of subsection (i) causes extreme 

19 physical or financial harm to an individual, the per20 son in violation of such subsection may be impris21 oned for not more than 6 months, fined not more 

22 than $35,000 fine, or both.’’. 

23 SEC. 305. MARKET-BASED NUMERICAL LIMITATIONS. 

24 Section 214(g) of the Immigration and Nationality 

25 Act (8 U.S.C. 1184(g)) is amended— 
49 

•S 1033 IS

1 (1) in paragraph (1)— 

2 (A) by striking ‘‘(beginning with fiscal year 

3 1992)’’; 

4 (B) in subparagraph (B), by striking the 

5 period at the end and inserting ‘‘; and’’; and 

6 (C) by adding at the end the following: 

7 ‘‘(C) under section 101(a)(15)(H)(v)(a), 

8 may not exceed— 

9 ‘‘(i) 400,000 for the first fiscal year 

10 in which the program is implemented; 

11 ‘‘(ii) in any subsequent fiscal year— 

12 ‘‘(I) if the total number of visas 

13 allocated for that fiscal year are allot14 ted within the first quarter of that fis15 cal year, then an additional 20 per16 cent of the allocated number shall be 

17 made available immediately and the 

18 allocated amount for the following fis19 cal year shall increase by 20 percent 

20 of the original allocated amount in the 

21 prior fiscal year; 

22 ‘‘(II) if the total number of visas 

23 allocated for that fiscal year are allot24 ted within the second quarter of that 

25 fiscal year, then an additional 15 per-
50 

•S 1033 IS

1 cent of the allocated number shall be 

2 made available immediately and the 

3 allocated amount for the following fis4 cal year shall increase by 15 percent 

5 of the original allocated amount in the 

6 prior fiscal year; 

7 ‘‘(III) if the total number of visas 

8 allocated for that fiscal year are allot9 ted within the third quarter of that 

10 fiscal year, then an additional 10 per11 cent of the allocated number shall be 

12 made available immediately and the 

13 allocated amount for the following fis14 cal year shall increase by 10 percent 

15 of the original allocated amount in the 

16 prior fiscal year; 

17 ‘‘(IV) if the total number of visas 

18 allocated for that fiscal year are allot19 ted within the last quarter of that fis20 cal year, then the allocated amount 

21 for the following fiscal year shall in22 crease by 10 percent of the original 

23 allocated amount in the prior fiscal 

24 year; and 
51 

•S 1033 IS

1 ‘‘(V) with the exception of the 

2 first subsequent fiscal year to the fis3 cal year in which the program is im4 plemented, if fewer visas were allotted 

5 the previous fiscal year than the num6 ber of visas allocated for that year 

7 and the reason was not due to proc8 essing delays or delays in promul9 gating regulations, then the allocated 

10 amount for the following fiscal year 

11 shall decrease by 10 percent of the al12 located amount in the prior fiscal 

13 year.’’; and 

14 (2) by adding at the end the following: 

15 ‘‘(9)(A) Of the total number of visas allocated 

16 for each fiscal year under paragraph (1)(C)— 

17 ‘‘(i) 50,000 visas shall be allocated to 

18 qualifying counties; and 

19 ‘‘(ii) any of the visas allocated under 

20 clause (i) that are not issued by June 30 of 

21 such fiscal year, may be made available to any 

22 qualified applicant. 

23 ‘‘(B) In this paragraph, the term ‘qualifying 

24 county’ means any county that— 
52 

•S 1033 IS

1 ‘‘(i) that is outside a metropolitan statis2 tical area; and 

3 ‘‘(ii) during the 20-year-period ending on 

4 the last day of the calendar year preceding the 

5 date of enactment of the Secure America and 

6 Orderly Immigration Act, experienced a net 

7 out-migration of inhabitants from the county of 

8 at least 10 percent of the population of the 

9 county at the beginning of such period. 

10 ‘‘(10) In allocating visas under this subsection, 

11 the Secretary of State may take any additional 

12 measures necessary to deter illegal immigration.’’. 

13 SEC. 306. ADJUSTMENT TO LAWFUL PERMANENT RESIDENT 

14 STATUS. 

15 Section 245 of the Immigration and Nationality Act 

16 (8 U.S.C. 1255) is amended by adding at the end the fol17 lowing: 

18 ‘‘(n)(1) For purposes of adjustment of status under 

19 subsection (a), employment-based immigrant visas shall be 

20 made available to an alien having nonimmigrant status de21 scribed in section 101(a)(15)(H)(v)(a) upon the filing of 

22 a petition for such a visa— 

23 ‘‘(A) by the alien’s employer; or 
53 

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1 ‘‘(B) by the alien, if the alien has maintained 

2 such nonimmigrant status in the United States for 

3 a cumulative total of 4 years. 

4 ‘‘(2) An alien having nonimmigrant status described 

5 in section 101(a)(15)(H)(v)(a) may not apply for adjust6 ment of status under this section unless the alien— 

7 ‘‘(A) is physically present in the United States; 

8 and 

9 ‘‘(B) the alien establishes that the alien— 

10 ‘‘(i) meets the requirements of section 312; 

11 or 

12 ‘‘(ii) is satisfactorily pursuing a course of 

13 study to achieve such an understanding of 

14 English and knowledge and understanding of 

15 the history and government of the United 

16 States. 

17 ‘‘(3) An alien who demonstrates that the alien meets 

18 the requirements of section 312 may be considered to have 

19 satisfied the requirements of that section for purposes of 

20 becoming naturalized as a citizen of the United States 

21 under title III. 

22 ‘‘(4) Filing a petition under paragraph (1) on behalf 

23 of an alien or otherwise seeking permanent residence in 

24 the United States for such alien shall not constitute evi-
54 

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1 dence of the alien’s ineligibility for nonimmigrant status 

2 under section 101(a)(15)(H)(v)(a). 

3 ‘‘(5) The limitation under section 302(d) regarding 

4 the period of authorized stay shall not apply to any alien 

5 having nonimmigrant status under section 

6 101(a)(15)(H)(v)(a) if— 

7 ‘‘(A) a labor certification petition filed under 

8 section 203(b) on behalf of such alien is pending; or 

9 ‘‘(B) an immigrant visa petition filed under sec10 tion 204(b) on behalf of such alien is pending. 

11 ‘‘(6) The Secretary of Homeland Security shall ex12 tend the stay of an alien who qualifies for an exemption 

13 under paragraph (5) in 1-year increments until a final de14 cision is made on the alien’s lawful permanent residence. 

15 ‘‘(7) Nothing in this subsection shall be construed to 

16 prevent an alien having nonimmigrant status described in 

17 section 101(a)(15)(H)(v)(a) from filing an application for 

18 adjustment of status under this section in accordance with 

19 any other provision of law.’’. 

20 SEC. 307. ESSENTIAL WORKER VISA PROGRAM TASK 

21 FORCE. 

22 (a) ESTABLISHMENT OF TASK FORCE.— 

23 (1) IN GENERAL.—There is established a task 

24 force to be known as the Essential Worker Visa Pro-
55 

•S 1033 IS

1 gram Task Force (referred to in this section as the 

2 ‘‘Task Force’’). 

3 (2) PURPOSES.—The purposes of the Task 

4 Force are— 

5 (A) to study the Essential Worker Visa 

6 Program (referred to in this section as the 

7 ‘‘Program’’) established under this title; and 

8 (B) to make recommendations to Congress 

9 with respect to such program. 

10 (3) MEMBERSHIP.—The Task Force shall be 

11 composed of 10 members, of whom— 

12 (A) 1 shall be appointed by the President 

13 and shall serve as chairman of the Task Force; 

14 (B) 1 shall be appointed by the leader of 

15 the Democratic Party in the Senate, in con16 sultation with the leader of the Democratic 

17 Party in the House of Representatives, and 

18 shall serve as vice chairman of the Task Force; 

19 (C) 2 shall be appointed by the majority 

20 leader of the Senate; 

21 (D) 2 shall be appointed by the minority 

22 leader of the Senate; 

23 (E) 2 shall be appointed by the Speaker of 

24 the House of Representatives; and 
56 

•S 1033 IS

1 (F) 2 shall be appointed by the minority 

2 leader of the House of Representatives. 

3 (4) QUALIFICATIONS.— 

4 (A) IN GENERAL.—Members of the Task 

5 Force shall be— 

6 (i) individuals with expertise in eco7 nomics, demography, labor, business, or 

8 immigration or other pertinent qualifica9 tions or experience; and 

10 (ii) representative of a broad cross11 section of perspectives within the United 

12 States, including the public and private 

13 sectors and academia; 

14 (B) POLITICAL AFFILIATION.—Not more 

15 than 5 members of the Task Force may be 

16 members of the same political party. 

17 (C) NONGOVERNMENTAL APPOINTEES.— 

18 An individual appointed to the Task Force may 

19 not be an officer or employee of the Federal 

20 Government or of any State or local govern21 ment. 

22 (5) DEADLINE FOR APPOINTMENT.—All mem23 bers of the Task Force shall be appointed not later 

24 than 6 months after the Program has been imple25 mented. 
57 

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1 (6) VACANCIES.—Any vacancy in the Task 

2 Force shall not affect its powers, but shall be filled 

3 in the same manner in which the original appoint4 ment was made. 

5 (7) MEETINGS.— 

6 (A) INITIAL MEETING.—The Task Force 

7 shall meet and begin the operations of the Task 

8 Force as soon as practicable. 

9 (B) SUBSEQUENT MEETINGS.—After its 

10 initial meeting, the Task Force shall meet upon 

11 the call of the chairman or a majority of its 

12 members. 

13 (8) QUORUM.—Six members of the Task Force 

14 shall constitute a quorum. 

15 (b) DUTIES.—The Task Force shall examine and 

16 make recommendations regarding the Program, including 

17 recommendations regarding— 

18 (1) the development and implementation of the 

19 Program; 

20 (2) the criteria for the admission of temporary 

21 workers under the Program; 

22 (3) the formula for determining the yearly nu23 merical limitations of the Program; 

24 (4) the impact of the Program on immigration; 
58 

•S 1033 IS

1 (5) the impact of the Program on the United 

2 States workforce and United States businesses; and 

3 (6) any other matters regarding the Program 

4 that the Task Force considers appropriate. 

5 (c) INFORMATION AND ASSISTANCE FROM FEDERAL

6 AGENCIES.— 

7 (1) INFORMATION FROM FEDERAL AGENCIES.— 

8 The Task Force may seek directly from any Federal 

9 department or agency such information, including 

10 suggestions, estimates, and statistics, as the Task 

11 Force considers necessary to carry out the provisions 

12 of this section. Upon request of the Task Force, the 

13 head of such department or agency shall furnish 

14 such information to the Task Force. 

15 (2) ASSISTANCE FROM FEDERAL AGENCIES.— 

16 The Administrator of General Services shall, on a 

17 reimbursable base, provide the Task Force with ad18 ministrative support and other services for the per19 formance of the Task Force’s functions. The depart20 ments and agencies of the United States may pro21 vide the Task Force with such services, funds, facili22 ties, staff, and other support services as they deter23 mine advisable and as authorized by law. 

24 (d) REPORTS.— 
59 

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1 (1) INITIAL REPORT.—Not later than 2 years 

2 after the Program has been implemented, the Task 

3 Force shall submit a report to Congress, the Sec4 retary of State, the Secretary of Labor, and the Sec5 retary of Homeland Security that contains— 

6 (A) findings with respect to the duties of 

7 the Task Force; 

8 (B) recommendations for improving the 

9 Program; and 

10 (C) suggestions for legislative or adminis11 trative action to implement the Task Force rec12 ommendations. 

13 (2) FINAL REPORT.—Not later than 4 years 

14 after the submission of the initial report under para15 graph (1), the Task Force shall submit a final re16 port to Congress, the Secretary of State, the Sec17 retary of Labor, and the Secretary of Homeland Se18 curity that contains additional findings, rec19 ommendations, and suggestions, as described in 

20 paragraph (1). 

21 SEC. 308. WILLING WORKER-WILLING EMPLOYER ELEC22 TRONIC JOB REGISTRY. 

23 (a) ESTABLISHMENT.—The Secretary of Labor shall 

24 direct the coordination and modification of the national 

25 system of public labor exchange services (commonly known 
60 

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1 as ‘‘America’s Job Bank’’) in existence on the date of en2 actment of this Act to provide information on essential 

3 worker employment opportunities available to United 

4 States workers and nonimmigrant workers under section 

5 101(a)(15)(H)(v)(a) of the Immigration and Nationality 

6 Act, as added by this Act. 

7 (b) RECRUITMENT OF UNITED STATES WORKERS.— 

8 Before the completion of evidence of employment for a po9 tential nonimmigrant worker under section 

10 101(a)(15)(H)(v)(a) of the Immigration and Nationality 

11 Act (8 U.S.C. 1101(a)(15)(H)(v)(a), an employer shall at12 test that the employer has posted in the Job Registry for 

13 not less than 30 days in order to recruit United States 

14 workers. An employer shall maintain records for not less 

15 than 1 year demonstrating why United States workers 

16 who applied were not hired. 

17 (c) OVERSIGHT AND MAINTENANCE OF RECORDS.— 

18 The Secretary of Labor shall maintain electronic job reg19 istry records, as established by regulation, for the purpose 

20 of audit or investigation. 

21 (d) ACCESS TO JOB REGISTRY.— 

22 (1) CIRCULATION IN INTERSTATE EMPLOYMENT

23 SERVICE SYSTEM.—The Secretary of Labor shall en24 sure that job opportunities advertised on the elec25 tronic job registry established under this section are 
61 

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1 accessible by the State workforce agencies, which 

2 may further disseminate job opportunity information 

3 to other interested parties. 

4 (2) INTERNET.—The Secretary of Labor shall 

5 ensure that the Internet-based electronic job registry 

6 established or approved under this section may be 

7 accessed by workers, employers, labor organizations, 

8 and other interested parties. 

9 SEC. 309. AUTHORIZATION OF APPROPRIATIONS. 

10 There are authorized to be appropriated to the Sec11 retary of State such sums as may be necessary to carry 

12 out this title and the amendments made by this title for 

13 the period beginning on the date of enactment of this Act 

14 and ending on the last day of the sixth fiscal year begin15 ning after the effective date of the regulations promul16 gated by the Secretary to implement this title. 

17 TITLE IV—ENFORCEMENT 

18 SEC. 401. DOCUMENT AND VISA REQUIREMENTS. 

19 (a) IN GENERAL.—Section 221(a) of the Immigra20 tion and Nationality Act (8 U.S.C. 1201(a)) is amended 

21 by adding at the end the following: 

22 ‘‘(3) VISAS AND IMMIGRATION RELATED DOCUMENT

23 REQUIREMENTS.— 

24 ‘‘(A) Visas issued by the Secretary of State and 

25 immigration related documents issued by the Sec-
62 

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1 retary of State or the Secretary of Homeland Secu2 rity shall comply with authentication and biometric 

3 standards recognized by domestic and international 

4 standards organizations. 

5 ‘‘(B) Such visas and documents shall— 

6 ‘‘(i) be machine-readable and tamper-re7 sistant; 

8 ‘‘(ii) use biometric identifiers that are con9 sistent with the requirements of section 303 of 

10 the Enhanced Border Security and Visa Entry 

11 Reform Act of 2002 (8 U.S.C. 1732), and rep12 resent the benefits and status set forth in such 

13 section; 

14 ‘‘(iii) comply with the biometric and docu15 ment identifying standards established by the 

16 International Civil Aviation Organization; and 

17 ‘‘(iv) be compatible with the United States 

18 Visitor and Immigrant Status Indicator Tech19 nology and the employment verification system 

20 established under section 274E. 

21 ‘‘(C) The information contained on the visas or 

22 immigration related documents described in subpara23 graph (B) shall include— 
63 

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1 ‘‘(i) the alien’s name, date and place of 

2 birth, alien registration or visa number, and, if 

3 applicable, social security number; 

4 ‘‘(ii) the alien’s citizenship and immigra5 tion status in the United States; and 

6 ‘‘(iii) the date that such alien’s authoriza7 tion to work in the United States expires, if ap8 propriate.’’. 

9 (b) EFFECTIVE DATE.—The amendment made by 

10 subsection (a) shall take effect on the date that is 6 

11 months after the date of enactment of this Act. 

12 SEC. 402. EMPLOYMENT ELIGIBILITY CONFIRMATION SYS13 TEM. 

14 (a) IN GENERAL.—Chapter 8 of title II of the Immi15 gration and Nationality Act (8 U.S.C. 1321 et seq.) is 

16 amended by inserting after section 274D the following: 

17 ‘‘EMPLOYMENT ELIGIBILITY

18 ‘‘SEC. 274E. (a) EMPLOYMENT ELIGIBILITY CON19 FIRMATION SYSTEM.— 

20 ‘‘(1) IN GENERAL.—The Commissioner of So21 cial Security, in consultation and coordination with 

22 the Secretary of Homeland Security, shall establish 

23 an Employment Eligibility Confirmation System (re24 ferred to in this section as the ‘System’) through 

25 which the Commissioner responds to inquiries made 

26 by employers who have hired individuals concerning 
64 

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1 each individual’s identity and employment authoriza2 tion. 

3 ‘‘(2) MAINTENANCE OF RECORDS.—The Com4 missioner shall electronically maintain records by 

5 which compliance under the System may be verified. 

6 ‘‘(3) OBJECTIVES OF THE SYSTEM.—The Sys7 tem shall— 

8 ‘‘(A) facilitate the eventual transition for 

9 all businesses from the employer verification 

10 system established in section 274A with the 

11 System; 

12 ‘‘(B) utilize, as a central feature of the 

13 System, machine-readable documents that con14 tain encrypted electronic information to verify 

15 employment eligibility; and 

16 ‘‘(C) provide for the evidence of employ17 ment required under section 218A. 

18 ‘‘(4) INITIAL RESPONSE.—The System shall 

19 provide— 

20 ‘‘(A) confirmation or a tentative noncon21 firmation of an individual’s identity and em22 ployment eligibility not later than 1 working 

23 day after the initial inquiry; and 

24 ‘‘(B) an appropriate code indicating such 

25 confirmation or tentative nonconfirmation. 
65 

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1 ‘‘(5) SECONDARY VERIFICATION PROCESS IN

2 CASE OF TENTATIVE NONCONFIRMATION.— 

3 ‘‘(A) ESTABLISHMENT.—For cases of ten4 tative nonconfirmation, the Commissioner of 

5 Social Security, in consultation and coordina6 tion with the Secretary of Homeland Security, 

7 shall establish a secondary verification process. 

8 The employer shall make the secondary 

9 verification inquiry not later than 10 days after 

10 receiving a tentative nonconfirmation. 

11 ‘‘(B) DISCREPANCIES.—If an employee 

12 chooses to contest a secondary nonconfirmation, 

13 the employer shall provide the employee with a 

14 referral letter and instruct the employee to visit 

15 an office of the Department of Homeland Secu16 rity or the Social Security Administration to re17 solve the discrepancy not later than 10 working 

18 days after the receipt of such referral letter in 

19 order to obtain confirmation. 

20 ‘‘(C) FAILURE TO CONTEST.—An individ21 ual’s failure to contest a confirmation shall not 

22 constitute knowledge (as defined in section 

23 274a.1(l) of title 8, Code of Federal Regula24 tions. 
66 

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1 ‘‘(6) DESIGN AND OPERATION OF SYSTEM.— 

2 The System shall be designed, implemented, and op3 erated— 

4 ‘‘(A) to maximize its reliability and ease of 

5 use consistent with protecting the privacy and 

6 security of the underlying information through 

7 technical and physical safeguards; 

8 ‘‘(B) to allow employers to verify that a 

9 newly hired individual is authorized to be em10 ployed; 

11 ‘‘(C) to permit individuals to— 

12 ‘‘(i) view their own records in order to 

13 ensure the accuracy of such records; and 

14 ‘‘(ii) contact the appropriate agency to 

15 correct any errors through an expedited 

16 process established by the Commissioner of 

17 Social Security, in consultation and coordi18 nation with the Secretary of Homeland Se19 curity; and 

20 ‘‘(D) to prevent discrimination based on 

21 national origin or citizenship status under sec22 tion 274B. 

23 ‘‘(7) UNLAWFUL USES OF SYSTEM.—It shall be 

24 an unlawful immigration-related employment prac25 tice— 
67 

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1 ‘‘(A) for employers or other third parties 

2 to use the System selectively or without author3 ization; 

4 ‘‘(B) to use the System prior to an offer 

5 of employment; 

6 ‘‘(C) to use the System to exclude certain 

7 individuals from consideration for employment 

8 as a result of a perceived likelihood that addi9 tional verification will be required, beyond what 

10 is required for most job applicants; 

11 ‘‘(D) to use the System to deny certain 

12 employment benefits, otherwise interfere with 

13 the labor rights of employees, or any other un14 lawful employment practice; or 

15 ‘‘(E) to take adverse action against any 

16 person, including terminating or suspending an 

17 employee who has received a tentative noncon18 firmation. 

19 ‘‘(b) EMPLOYMENT ELIGIBILITY DATABASE.— 

20 ‘‘(1) REQUIREMENT.—The Commissioner of So21 cial Security, in consultation and coordination with 

22 the Secretary of Homeland Security and other ap23 propriate agencies, shall design, implement, and 

24 maintain an Employment Eligibility Database (re-
68 

•S 1033 IS

1 ferred to in this section as the ‘Database’) as de2 scribed in this subsection. 

3 ‘‘(2) DATA.—The Database shall include, for 

4 each individual who is not a citizen or national of 

5 the United States, but is authorized or seeking au6 thorization to be employed in the United States, the 

7 individual’s— 

8 ‘‘(A) country of origin; 

9 ‘‘(B) immigration status; 

10 ‘‘(C) employment eligibility; 

11 ‘‘(D) occupation; 

12 ‘‘(E) metropolitan statistical area of em13 ployment; 

14 ‘‘(F) annual compensation paid; 

15 ‘‘(G) period of employment eligibility; 

16 ‘‘(H) employment commencement date; 

17 and 

18 ‘‘(I) employment termination date. 

19 ‘‘(3) REVERIFICATION OF EMPLOYMENT ELIGI20 BILITY.—The Commissioner of Social Security shall 

21 prescribe, by regulation, a system to annually 

22 reverify the employment eligibility of each individual 

23 described in this section— 

24 ‘‘(A) by utilizing the machine-readable doc25 uments described in section 221(a)(3); or 
69 

•S 1033 IS

1 ‘‘(B) if machine-readable documents are 

2 not available, by telephonic or electronic com3 munication. 

4 ‘‘(4) CONFIDENTIALITY.— 

5 ‘‘(A) ACCESS TO DATABASE.—No officer or 

6 employee of any agency or department of the 

7 United States, other than individuals respon8 sible for the verification of employment eligi9 bility or for the evaluation of the employment 

10 verification program at the Social Security Ad11 ministration, the Department of Homeland Se12 curity, and the Department of Labor, may have 

13 access to any information contained in the 

14 Database. 

15 ‘‘(B) PROTECTION FROM UNAUTHORIZED

16 DISCLOSURE.—Information in the Database 

17 shall be adequately protected against unauthor18 ized disclosure for other purposes, as provided 

19 in regulations established by the Commissioner 

20 of Social Security, in consultation with the Sec21 retary of Homeland Security and the Secretary 

22 of Labor. 

23 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

24 There are authorized to be appropriated such sums 
70 

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1 as may be necessary to design, implement, and 

2 maintain the Database. 

3 ‘‘(c) GRADUAL IMPLEMENTATION.—The Commis4 sioner of Social Security, in coordination with the Sec5 retary of Homeland Security and the Secretary of Labor 

6 shall develop a plan to phase all workers into the Database 

7 and phase out the employer verification system established 

8 in section 274A over a period of time that the Commis9 sioner determines to be appropriate. 

10 ‘‘(d) EMPLOYER RESPONSIBILITIES.—Each employer 

11 shall— 

12 ‘‘(1) notify employees and prospective employ13 ees of the use of the System and that the System 

14 may be used for immigration enforcement purposes; 

15 ‘‘(2) verify the identification and employment 

16 authorization status for newly hired individuals de17 scribed in section 101(a)(15)(H)(v)(a) not later than 

18 3 days after the date of hire; 

19 ‘‘(3) use— 

20 ‘‘(A) a machine-readable document de21 scribed in subsection (a)(3)(B); or 

22 ‘‘(B) the telephonic or electronic system to 

23 access the Database; 
71 

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1 ‘‘(4) provide, for each employer hired, the occu2 pation, metropolitan statistical area of employment, 

3 and annual compensation paid; 

4 ‘‘(5) retain the code received indicating con5 firmation or nonconfirmation, for use in investiga6 tions described in section 212(n)(2); and 

7 ‘‘(6) provide a copy of the employment 

8 verification receipt to such employees. 

9 ‘‘(e) GOOD-FAITH COMPLIANCE.— 

10 ‘‘(1) AFFIRMATIVE DEFENSE.—A person or en11 tity that establishes good faith compliance with the 

12 requirements of this section with respect to the em13 ployment of an individual in the United States has 

14 established an affirmative defense that the person or 

15 entity has not violated this section. 

16 ‘‘(2) LIMITATION.—Paragraph (1) shall not 

17 apply if a person or entity engages in an unlawful 

18 immigration-related employment practice described 

19 in subsection (a)(7).’’. 

20 (b) INTERIM DIRECTIVE.—Before the implementa21 tion of the Employment Eligibility Confirmation System 

22 (referred to in this section as the ‘‘System’’) established 

23 under section 274E of the Immigration and Nationality 

24 Act, as added by subsection (a), the Commissioner of So25 cial Security, in coordination with the Secretary of Home-
72 

•S 1033 IS

1 land Security, shall, to the maximum extent practicable, 

2 implement an interim system to confirm employment eligi3 bility that is consistent with the provisions of such section. 

4 (c) REPORTS.— 

5 (1) IN GENERAL.—Not later than 3 months 

6 after the last day of the second year and of the third 

7 year that the System is in effect, the Comptroller 

8 General of the United States shall submit to the 

9 Committee on the Judiciary of the Senate and the 

10 Committee on the Judiciary of the House of Rep11 resentatives a report on the System. 

12 (2) CONTENTS.—Each report submitted under 

13 paragraph (1) shall include— 

14 (A) an assessment of the impact of the 

15 System on the employment of unauthorized 

16 workers; 

17 (B) an assessment of the accuracy of the 

18 Employment Eligibility Database maintained by 

19 the Department of Homeland Security and So20 cial Security Administration databases, and 

21 timeliness and accuracy of responses from the 

22 Department of Homeland Security and the So23 cial Security Administration to employers; 

24 (C) an assessment of the privacy, confiden25 tiality, and system security of the System; 
73 

•S 1033 IS

1 (D) assess whether the System is being im2 plemented in a nondiscriminatory manner; and 

3 (E) include recommendations on whether 

4 or not the System should be modified. 

5 SEC. 403. IMPROVED ENTRY AND EXIT DATA SYSTEM. 

6 Section 110 of the Illegal Immigration Reform and 

7 Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a) 

8 is amended— 

9 (1) by striking ‘‘Attorney General’’ each place 

10 it appears and inserting ‘‘Secretary of Homeland Se11 curity’’; 

12 (2) in subsection (b)— 

13 (A) in paragraph (1)(C), by striking ‘‘Jus14 tice’’ and inserting ‘‘Homeland Security’’; 

15 (B) in paragraph (4), by striking ‘‘and’’ at 

16 the end; 

17 (C) in paragraph (5), by striking the pe18 riod at the end and inserting ‘‘; and’’; and 

19 (D) by adding at the end the following: 

20 ‘‘(6) collects the biometric machine-readable in21 formation from an alien’s visa or immigration-re22 lated document described in section 221(a)(3) of the 

23 Immigration and Nationality Act (8 U.S.C. 

24 1201(a)(3) at the time an alien arrives in the United 

25 States and at the time an alien departs from the 
74 

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1 United States to determine if such alien is entering, 

2 or is present in, the United States unlawfully.’’; and 

3 (3) in subsection (f)(1), by striking ‘‘Depart4 ments of Justice and State’’ and inserting ‘‘Depart5 ment of Homeland Security and the Department of 

6 State’’. 

7 SEC. 404. DEPARTMENT OF LABOR INVESTIGATIVE AU8 THORITIES. 

9 Section 212(n)(2) of the Immigration and Nationality 

10 Act (8 U.S.C. 1182(n)(2)) is amended— 

11 (1) by redesignating subparagraph (H) as sub12 paragraph (J); and 

13 (2) by inserting after subparagraph (G) the fol14 lowing: 

15 ‘‘(H)(i) The Secretary of Labor may initiate an 

16 investigation of any employer that employs non17 immigrants described in section 101(a)(15)(H)(v)(a) 

18 if the Secretary, or the Secretary’s designee— 

19 ‘‘(I) certifies that reasonable cause exists 

20 to believe that the employer is out of compli21 ance with the Secure America and Orderly Im22 migration Act or section 274E; and 

23 ‘‘(II) approves the commencement of the 

24 investigation. 
75 

•S 1033 IS

1 ‘‘(ii) In determining whether reasonable cause 

2 exists to initiate an investigation under this section, 

3 the Secretary shall— 

4 ‘‘(I) monitor the Willing Worker-Willing 

5 Employer Electronic Job Registry; 

6 ‘‘(II) monitor the Employment Eligibility 

7 Confirmation System, taking into consideration 

8 whether— 

9 ‘‘(aa) an employer’s submissions to 

10 the System generate a high volume of ten11 tative nonconfirmation responses relative 

12 to other comparable employers; 

13 ‘‘(bb) an employer rarely or never 

14 screens hired individuals; 

15 ‘‘(cc) individuals employed by an em16 ployer rarely or never pursue a secondary 

17 verification process as established in sec18 tion 274E; or 

19 ‘‘(dd) any other indicators of illicit, 

20 inappropriate or discriminatory use of the 

21 System, especially those described in sec22 tion 274E(a)(6)(D), exist; and 

23 ‘‘(III) consider any additional evidence 

24 that the Secretary determines appropriate. 
76 

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1 ‘‘(iii) Absent other evidence of noncompliance, 

2 an investigation under this subparagraph should not 

3 be initiated for lack of completeness or obvious inac4 curacies by the employer in complying with section 

5 101(a)(15)(H)(v)(a).’’. 

6 SEC. 405. PROTECTION OF EMPLOYMENT RIGHTS. 

7 The Secretary and the Secretary of Homeland Secu8 rity shall establish a process under which a nonimmigrant 

9 worker described in clause (ii)(b) or (v)(a) of section 

10 101(a)(15)(H) of the Immigration and Nationality Act (8 

11 U.S.C. 1101(a)(15)(H)) who files a nonfrivolous com12 plaint regarding a violation of this section and is otherwise 

13 eligible to remain and work in the United States may be 

14 allowed to seek other appropriate employment in the 

15 United States with an employer for a period not to exceed 

16 the maximum period of stay authorized for that non17 immigrant classification. 

18 SEC. 406. INCREASED FINES FOR PROHIBITED BEHAVIOR. 

19 Section 274B(g)(2)(B)(iv) of the Immigration and 

20 Nationality Act (8 U.S.C. 1324b(g)(2)(B)(iv)) is amend21 ed— 

22 (1) in subclause (I), by striking ‘‘not less than 

23 $250 and not more than $2,000’’ and inserting ‘‘not 

24 less than $500 and not more than $4,000’’; 
77 

•S 1033 IS

1 (2) in subclause (II), by striking ‘‘not less than 

2 $2,000 and not more than $5,000’’ and inserting 

3 ‘‘not less than $4,000 and not more than $10,000’’; 

4 and 

5 (3) in subclause (III), by striking ‘‘not less than 

6 $3,000 and not more than $10,000’’ and inserting 

7 ‘‘not less than $6,000 and not more than $20,000’’. 

8 TITLE V—PROMOTING CIR9 CULAR MIGRATION PAT10 TERNS 

11 SEC. 501. LABOR MIGRATION FACILITATION PROGRAMS. 

12 (a) AUTHORITY FOR PROGRAM.— 

13 (1) IN GENERAL.—The Secretary of State is 

14 authorized to enter into an agreement to establish 

15 and administer a labor migration facilitation pro16 gram jointly with the appropriate official of a for17 eign government whose citizens participate in the 

18 temporary worker program authorized under section 

19 101(a)(15)(H)(v)(a) of the Immigration and Nation20 ality Act (8 U.S.C. 1101(a)(15)(H)(v)(a)). 

21 (2) PRIORITY.—In establishing programs under 

22 subsection (a), the Secretary of State shall place a 

23 priority on establishing such programs with foreign 

24 governments that have a large number of nationals 

25 working as temporary workers in the United States 
78 

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1 under such section 101(a)(15)(H)(v)(a). The Sec2 retary shall enter into such agreements not later 

3 than 3 months after the date of enactment of this 

4 Act or as soon thereafter as is practicable. 

5 (3) ELEMENTS OF PROGRAM.—A program es6 tablished under paragraph (1) may provide for— 

7 (A) the Secretary of State, in conjunction 

8 with the Secretary of Homeland Security and 

9 the Secretary of Labor, to confer with a foreign 

10 government— 

11 (i) to establish and implement a pro12 gram to assist temporary workers from 

13 such a country to obtain nonimmigrant 

14 status under such section 

15 101(a)(15)(H)(v)(a); 

16 (ii) to establish programs to create 

17 economic incentives for aliens to return to 

18 their home country; 

19 (B) the foreign government to monitor the 

20 participation of its nationals in such a tem21 porary worker program, including departure 

22 from and return to a foreign country; 

23 (C) the foreign government to develop and 

24 promote a reintegration program available to 
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•S 1033 IS

1 such individuals upon their return from the 

2 United States; 

3 (D) the foreign government to promote or 

4 facilitate travel of such individuals between the 

5 country of origin and the United States; and 

6 (E) any other matters that the foreign gov7 ernment and United States find appropriate to 

8 enable such individuals to maintain strong ties 

9 to their country of origin. 

10 SEC. 502. BILATERAL EFFORTS WITH MEXICO TO REDUCE 

11 MIGRATION PRESSURES AND COSTS. 

12 (a) FINDINGS.—Congress makes the following find13 ings: 

14 (1) Migration from Mexico to the United States 

15 is directly linked to the degree of economic oppor16 tunity and the standard of living in Mexico. 

17 (2) Mexico comprises a prime source of migra18 tion to the United States. 

19 (3) Remittances from Mexican citizens working 

20 in the United States reached a record high of nearly 

21 $17,000,000,000 in 2004. 

22 (4) Migration patterns may be reduced from 

23 Mexico to the United States by addressing the de24 gree of economic opportunity available to Mexican 

25 citizens. 
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•S 1033 IS

1 (5) Many Mexican assets are held extra-legally 

2 and cannot be readily used as collateral for loans. 

3 (6) A majority of Mexican businesses are small 

4 or medium size with limited access to financial cap5 ital. 

6 (7) These factors constitute a major impedi7 ment to broad-based economic growth in Mexico. 

8 (8) Approximately 20 percent of Mexico’s popu9 lation works in agriculture, with the majority of this 

10 population working on small farms and few on large 

11 commercial enterprises. 

12 (9) The Partnership for Prosperity is a bilateral 

13 initiative launched jointly by the President of the 

14 United States and the President of Mexico in 2001, 

15 which aims to boost the social and economic stand16 ards of Mexican citizens, particularly in regions 

17 where economic growth has lagged and emigration 

18 has increased. 

19 (10) The Presidents of Mexico and the United 

20 States and the Prime Minister of Canada, at their 

21 trilateral summit on March 23, 2005, agreed to pro22 mote economic growth, competitiveness, and quality 

23 of life in the agreement on Security and Prosperity 

24 Partnership of North America. 
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•S 1033 IS

1 (b) SENSE OF CONGRESS REGARDING PARTNERSHIP

2 FOR PROSPERITY.—It is the sense of Congress that the 

3 United States and Mexico should accelerate the implemen4 tation of the Partnership for Prosperity to help generate 

5 economic growth and improve the standard of living in 

6 Mexico, which will lead to reduced migration, by— 

7 (1) increasing access for poor and under served 

8 populations in Mexico to the financial services sec9 tor, including credit unions; 

10 (2) assisting Mexican efforts to formalize its 

11 extra-legal sector, including the issuance of formal 

12 land titles, to enable Mexican citizens to use their 

13 assets to procure capital; 

14 (3) facilitating Mexican efforts to establish an 

15 effective rural lending system for small- and me16 dium-sized farmers that will— 

17 (A) provide long term credit to borrowers; 

18 (B) develop a viable network of regional 

19 and local intermediary lending institutions; and 

20 (C) extend financing for alternative rural 

21 economic activities beyond direct agricultural 

22 production; 

23 (4) expanding efforts to reduce the transaction 

24 costs of remittance flows in order to increase the 
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•S 1033 IS

1 pool of savings available to help finance domestic in2 vestment in Mexico; 

3 (5) encouraging Mexican corporations to adopt 

4 internationally recognized corporate governance 

5 practices, including anti-corruption and transparency 

6 principles; 

7 (6) enhancing Mexican efforts to strengthen 

8 governance at all levels, including efforts to improve 

9 transparency and accountability, and to eliminate 

10 corruption, which is the single biggest obstacle to de11 velopment; 

12 (7) assisting the Government of Mexico in im13 plementing all provisions of the Inter-American Con14 vention Against Corruption (ratified by Mexico on 

15 May 27, 1997) and urging the Government of Mex16 ico to participate fully in the Convention’s formal 

17 implementation monitoring mechanism; 

18 (8) helping the Government of Mexico to 

19 strengthen education and training opportunities 

20 throughout the country, with a particular emphasis 

21 on improving rural education; and 

22 (9) encouraging the Government of Mexico to 

23 create incentives for persons who have migrated to 

24 the United States to return to Mexico. 
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•S 1033 IS

1 (c) SENSE OF CONGRESS REGARDING BILATERAL

2 PARTNERSHIP ON HEALTH CARE.—It is the sense of Con3 gress that the Government of the United States and the 

4 Government of Mexico should enter into a partnership to 

5 examine uncompensated and burdensome health care costs 

6 incurred by the United States due to legal and illegal im7 migration, including— 

8 (1) increasing health care access for poor and 

9 under served populations in Mexico; 

10 (2) assisting Mexico in increasing its emergency 

11 and trauma health care facilities along the border, 

12 with emphasis on expanding prenatal care in the 

13 United States–Mexico border region; 

14 (3) facilitating the return of stable, incapaci15 tated workers temporarily employed in the United 

16 States to Mexico in order to receive extended, long17 term care in their home country; and 

18 (4) helping the Government of Mexico to estab19 lish a program with the private sector to cover the 

20 health care needs of Mexican nationals temporarily 

21 employed in the United States. 
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1 TITLE VI—FAMILY UNITY AND 

2 BACKLOG REDUCTION 

3 SEC. 601. ELIMINATION OF EXISTING BACKLOGS. 

4 (a) FAMILY-SPONSORED IMMIGRANTS.—Section 

5 201(c) of the Immigration and Nationality Act (8 U.S.C. 

6 1151(c)) is amended to read as follows: 

7 ‘‘(c) WORLDWIDE LEVEL OF FAMILY-SPONSORED

8 IMMIGRANTS.—The worldwide level of family-sponsored 

9 immigrants under this subsection for a fiscal year is equal 

10 to the sum of— 

11 ‘‘(1) 480,000; 

12 ‘‘(2) the difference between the maximum num13 ber of visas authorized to be issued under this sub14 section during the previous fiscal year and the num15 ber of visas issued during the previous fiscal year; 

16 and 

17 ‘‘(3) the difference between— 

18 ‘‘(A) the maximum number of visas au19 thorized to be issued under this subsection dur20 ing fiscal years 2001 through 2005 minus the 

21 number of visas issued under this subsection 

22 during those years; and 

23 ‘‘(B) the number of visas described in sub24 paragraph (A) that were issued after fiscal year 

25 2005.’’. 
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•S 1033 IS

1 (b) EMPLOYMENT-BASED IMMIGRANTS.—Section 

2 201(d) of the Immigration and Nationality Act (8 U.S.C. 

3 1151(d)) is amended to read as follows: 

4 ‘‘(d) WORLDWIDE LEVEL OF EMPLOYMENT-BASED

5 IMMIGRANTS.—The worldwide level of employment-based 

6 immigrants under this subsection for a fiscal year is equal 

7 to the sum of— 

8 ‘‘(1) 290,000; 

9 ‘‘(2) the difference between the maximum num10 ber of visas authorized to be issued under this sub11 section during the previous fiscal year and the num12 ber of visas issued during the previous fiscal year; 

13 and 

14 ‘‘(3) the difference between— 

15 ‘‘(A) the maximum number of visas au16 thorized to be issued under this subsection dur17 ing fiscal years 2001 through 2005 and the 

18 number of visa numbers issued under this sub19 section during those years; and 

20 ‘‘(B) the number of visas described in sub21 paragraph (A) that were issued after fiscal year 

22 2005.’’. 

23 SEC. 602. COUNTRY LIMITS. 

24 Section 202(a) of the Immigration and Nationality 

25 Act (8 U.S.C. 1152(a)) is amended— 
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•S 1033 IS

1 (1) in paragraph (2)— 

2 (A) by striking ‘‘, (4), and (5)’’ and insert3 ing ‘‘and (4)’’; and 

4 (B) by striking ‘‘7 percent (in the case of 

5 a single foreign state) or 2 percent’’ and insert6 ing ‘‘10 percent (in the case of a single foreign 

7 state) or 5 percent’’; and 

8 (2) by striking paragraph (5). 

9 SEC. 603. ALLOCATION OF IMMIGRANT VISAS. 

10 (a) PREFERENCE ALLOCATION FOR FAMILY-SPON11 SORED IMMIGRANTS.—Section 203(a) of the Immigration 

12 and Nationality Act (8 U.S.C. 1153(a)) is amended to 

13 read as follows: 

14 ‘‘(a) PREFERENCE ALLOCATIONS FOR FAMILY-SPON15 SORED IMMIGRANTS.—Aliens subject to the worldwide 

16 level specified in section 201(c) for family-sponsored immi17 grants shall be allocated visas as follows: 

18 ‘‘(1) UNMARRIED SONS AND DAUGHTERS OF

19 CITIZENS.—Qualified immigrants who are the un20 married sons or daughters of citizens of the United 

21 States shall be allocated visas in a quantity not to 

22 exceed 10 percent of such worldwide level plus any 

23 visas not required for the class specified in para24 graph (4). 
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•S 1033 IS

1 ‘‘(2) SPOUSES AND UNMARRIED SONS AND

2 DAUGHTERS OF PERMANENT RESIDENT ALIENS.— 

3 Visas in a quantity not to exceed 50 percent of such 

4 worldwide level plus any visas not required for the 

5 class specified in paragraph (1) shall be allocated to 

6 qualified immigrants— 

7 ‘‘(A) who are the spouses or children of an 

8 alien lawfully admitted for permanent residence, 

9 which visas shall constitute not less than 77 

10 percent of the visas allocated under this para11 graph; or 

12 ‘‘(B) who are the unmarried sons or 

13 daughters of an alien lawfully admitted for per14 manent residence. 

15 ‘‘(3) MARRIED SONS AND DAUGHTERS OF CITI16 ZENS.—Qualified immigrants who are the married 

17 sons and daughters of citizens of the United States 

18 shall be allocated visas in a quantity not to exceed 

19 10 percent of such worldwide level plus any visas not 

20 required for the classes specified in paragraphs (1) 

21 and (2). 

22 ‘‘(4) BROTHERS AND SISTERS OF CITIZENS.— 

23 Qualified immigrants who are the brothers or sisters 

24 of citizens of the United States who are at least 21 

25 years of age shall be allocated visas in a quantity 
88 

•S 1033 IS

1 not to exceed 30 percent of the worldwide level plus 

2 any visas not required for the classes specified in 

3 paragraphs (1) through (3).’’. 

4 (b) PREFERENCE ALLOCATION FOR EMPLOYMENT5 BASED IMMIGRANTS.—Section 203(b) of the Immigration 

6 and Nationality Act (8 U.S.C. 1153(b)) is amended— 

7 (1) in paragraph (1), by striking ‘‘28.6 per8 cent’’ and inserting ‘‘20 percent’’; 

9 (2) in paragraph (2)(A), by striking ‘‘28.6 per10 cent’’ and inserting ‘‘20 percent’’; 

11 (3) in paragraph (3)(A)— 

12 (A) by striking ‘‘28.6 percent’’ and insert13 ing ‘‘35 percent’’; and 

14 (B) by striking clause (iii); 

15 (4) by striking paragraph (4); 

16 (5) by redesignating paragraph (5) as para17 graph (4); 

18 (6) in paragraph (4)(A), as redesignated, by 

19 striking ‘‘7.1 percent’’ and inserting ‘‘5 percent’’; 

20 (7) by inserting after paragraph (4), as redesig21 nated, the following: 

22 ‘‘(5) OTHER WORKERS.—Visas shall be made 

23 available, in a number not to exceed 30 percent of 

24 such worldwide level, plus any visa numbers not re25 quired for the classes specified in paragraphs (1) 
89 

•S 1033 IS

1 through (4), to qualified immigrants who are capa2 ble, at the time of petitioning for classification under 

3 this paragraph, of performing unskilled labor that is 

4 not of a temporary or seasonal nature, for which 

5 qualified workers are determined to be unavailable in 

6 the United States, or to nonimmigrants under sec7 tion 101(a)(15)(H)(v)(a).’’; and 

8 (8) by striking paragraph (6). 

9 (c) CONFORMING AMENDMENTS.— 

10 (1) DEFINITION OF SPECIAL IMMIGRANT.—Sec11 tion 101(a)(27)(M) of the Immigration and Nation12 ality Act (8 U.S.C. 1101(a)(27)(M)) is amended by 

13 striking ‘‘subject to the numerical limitations of sec14 tion 203(b)(4),’’. 

15 (2) REPEAL OF TEMPORARY REDUCTION IN

16 WORKERS’ VISAS.—Section 203(e) of the Nicaraguan 

17 Adjustment and Central American Relief Act (8 

18 U.S.C. 1153 note) is repealed. 

19 SEC. 604. RELIEF FOR CHILDREN AND WIDOWS. 

20 (a) IN GENERAL.—Section 201(b)(2)(A)(i) of the Im21 migration and Nationality Act (8 U.S.C. 

22 1151(b)(2)(A)(i)) is amended by striking ‘‘spouses, and 

23 parents of a citizen of the United States’’ and inserting 

24 ‘‘(and their children who are accompanying or following 

25 to join them), the spouses (and their children who are ac-
90 

•S 1033 IS

1 companying or following to join them), and the parents 

2 of a citizen of the United States (and their children who 

3 are accompanying or following to join them)’’. 

4 (b) PETITION.—Section 204(a)(1)(A)(ii) of the Im5 migration and Nationality Act (8 U.S.C. 1154 

6 (a)(1)(A)(ii) is amended by inserting ‘‘or an alien child 

7 or alien parent described in the third sentence of section 

8 201(b)(2)(A)(i)’’ after ‘‘section 201(b)(2)(A)(i)’’. 

9 (c) ADJUSTMENT OF STATUS.—Section 245 of the 

10 Immigration and Nationality Act (8 U.S.C. 1255) is 

11 amended by adding at the end the following: 

12 ‘‘(n) APPLICATIONS FOR ADJUSTMENT OF STATUS

13 BY SURVIVING SPOUSES, CHILDREN, AND PARENTS.— 

14 ‘‘(1) IN GENERAL.—Notwithstanding sub15 sections (a) and (c) (except subsection (c)(6)), any 

16 alien described in paragraph (2) who applied for ad17 justment of status prior to the death of the quali18 fying relative, may have such application adjudicated 

19 as if such death had not occurred. 

20 ‘‘(2) ALIEN DESCRIBED.—An alien described in 

21 this paragraph is an alien who— 

22 ‘‘(A) is an immediate relative (as defined 

23 in section 201(b)(2)(A)(i)); 
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•S 1033 IS

1 ‘‘(B) is a family-sponsored immigrant (as 

2 described in subsection (a) or (d) of section 

3 203); 

4 ‘‘(C) is a derivative beneficiary of an em5 ployment-based immigrant under section 

6 203(b), as described in section 203(d); or 

7 ‘‘(D) is a derivative beneficiary of a diver8 sity immigrant (as described in section 

9 203(c)).’’. 

10 (d) TRANSITION PERIOD.—Notwithstanding a denial 

11 of an application for adjustment of status not more than 

12 2 years before the date of enactment of this Act, in the 

13 case of an alien whose qualifying relative died before the 

14 date of enactment of this Act, such application may be 

15 renewed by the alien through a motion to reopen, without 

16 fee, filed not later than 1 year after the date of enactment 

17 of this Act. 

18 SEC. 605. AMENDING THE AFFIDAVIT OF SUPPORT RE19 QUIREMENTS. 

20 Section 213A of the Immigration and Nationality Act 

21 (8 U.S.C. 1183a) is amended— 

22 (1) in subsection (a)(1)(A), by striking ‘‘125’’ 

23 and inserting ‘‘100’’; and 

24 (2) in subsection (f), by striking ‘‘125’’ each 

25 place it appears and inserting ‘‘100’’. 
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•S 1033 IS

1 SEC. 606. DISCRETIONARY AUTHORITY. 

2 Section 212(i) of the Immigration and Nationality 

3 Act (8 U.S.C. 1182(i)) is amended— 

4 (1) by redesignating paragraph (2) as para5 graph (3); and 

6 (2) by inserting after paragraph (1) the fol7 lowing: 

8 ‘‘(2)(A) The Secretary of Homeland Security 

9 may waive the application of subsection (a)(6)(C)— 

10 ‘‘(i) in the case of an immigrant who is the 

11 spouse, parent, son, or daughter of a United 

12 States citizen or of an alien lawfully admitted 

13 for permanent residence, if the Secretary of 

14 Homeland Security determines that the refusal 

15 of admission to the United States of such immi16 grant alien would result in extreme hardship to 

17 the citizen or lawfully resident spouse, child, 

18 son, daughter, or parent of such an alien; or 

19 ‘‘(ii) in the case of an alien granted classi20 fication under clause (iii) or (iv) of section 

21 204(a)(1)(A) or clause (ii) or (iii) of section 

22 204(a)(1)(B), the alien demonstrates extreme 

23 hardship to the alien or the alien’s parent or 

24 child if, such parent or child is a United States 

25 citizen, a lawful permanent resident, or a quali26 fied alien. 
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•S 1033 IS

1 ‘‘(B) An alien who is granted a waiver under 

2 subparagraph (A) shall pay a $2,000 fine.’’. 

3 SEC. 607. FAMILY UNITY. 

4 Section 212(a)(9) of the Immigration and Nationality 

5 Act (8 U.S.C. 1182(a)(9)) is amended— 

6 (1) in subparagraph (B)(iii)(I), by striking 

7 ‘‘18’’ and inserting ‘‘21’’; and 

8 (2) in subparagraph (C)(ii)— 

9 (A) by redesignating subclauses (1) and 

10 (2) as subclauses (I) and (II); and 

11 (B) in subclause (II), as redesignated, by 

12 redesignating items (A), (B), (C), and (D) as 

13 items (aa), (bb), (cc), and (dd); and 

14 (3) by adding at the end the following: 

15 ‘‘(D) WAIVER.— 

16 ‘‘(i) IN GENERAL.—The Secretary 

17 may waive the application of subpara18 graphs (B) and (C) for an alien who is a 

19 beneficiary of a petition filed under sec20 tions 201 and 203 if such petition was 

21 filed on or before the date of introduction 

22 of Secure America and Orderly Immigra23 tion Act. 
94 

•S 1033 IS

1 ‘‘(ii) FINE.—An alien who is granted 

2 a waiver under clause (i) shall pay a 

3 $2,000 fine.’’. 

4 TITLE VII—H–5B 

5 NONIMMIGRANTS 

6 SEC. 701. H–5B NONIMMIGRANTS. 

7 (a) IN GENERAL.—Chapter 5 of title II of the Immi8 gration and Nationality Act (8 U.S.C. 1255 et seq.) is 

9 amended by adding after section 250 the following: 

10 ‘‘H–5B NONIMMIGRANTS

11 ‘‘SEC. 250A. (a) IN GENERAL.—The Secretary of 

12 Homeland Security shall adjust the status of an alien to 

13 that of a nonimmigrant under section 101(a)(15)(H)(v)(b) 

14 if the alien— 

15 ‘‘(1) submits an application for such adjust16 ment; and 

17 ‘‘(2) meets the requirements of this section. 

18 ‘‘(b) PRESENCE IN THE UNITED STATES.—The alien 

19 shall establish that the alien— 

20 ‘‘(1) was present in the United States before 

21 the date on which the Secure America and Orderly 

22 Immigration Act was introduced, and has been con23 tinuously in the United States since such date; and 

24 ‘‘(2) was not legally present in the United 

25 States on the date on which the Secure America and 
95 

•S 1033 IS

1 Orderly Immigration Act was introduced under any 

2 classification set forth in section 101(a)(15). 

3 ‘‘(c) SPOUSES AND CHILDREN.—Notwithstanding 

4 any other provision of law, the Secretary of Homeland Se5 curity shall, if the person is otherwise eligible under sub6 section (b)— 

7 ‘‘(1) adjust the status to that of a non8 immigrant under section 101(a)(15)(H)(v)(b) for, or 

9 provide a nonimmigrant visa to, the spouse or child 

10 of an alien who is provided nonimmigrant status 

11 under section 101(a)(15)(H)(v)(b); or 

12 ‘‘(2) adjust the status to that of a non13 immigrant under section 101(a)(15)(H)(v)(b) for an 

14 alien who, before the date on which the Secure 

15 America and Orderly Immigration Act was intro16 duced in Congress, was the spouse or child of an 

17 alien who is provided nonimmigrant status under 

18 section 101(a)(15)(H)(v)(b), or is eligible for such 

19 status, if— 

20 ‘‘(A) the termination of the qualifying rela21 tionship was connected to domestic violence; 

22 and 

23 ‘‘(B) the spouse or child has been battered 

24 or subjected to extreme cruelty by the spouse or 
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•S 1033 IS

1 parent alien who is provided nonimmigrant sta2 tus under section 101(a)(15)(H)(v)(b). 

3 ‘‘(d) OTHER CRITERIA.— 

4 ‘‘(1) IN GENERAL.—An alien may be granted 

5 nonimmigrant status under section 

6 101(a)(15)(H)(v)(b), or granted status as the spouse 

7 or child of an alien eligible for such status under 

8 subsection (c), if the alien establishes that the 

9 alien— 

10 ‘‘(A) is not inadmissible to the United 

11 States under section 212(a), except as provided 

12 in paragraph (2); or 

13 ‘‘(B) has not ordered, incited, assisted, or 

14 otherwise participated in the persecution of any 

15 person on account of race, religion, nationality, 

16 membership in a particular social group, or po17 litical opinion. 

18 ‘‘(2) GROUNDS OF INADMISSIBILITY.—In deter19 mining an alien’s admissibility under paragraph 

20 (1)(A)— 

21 ‘‘(A) paragraphs (5), (6)(A), (6)(B), 

22 (6)(C), (6)(F), (6)(G), (7), (9), and (10)(B) of 

23 section 212(a) shall not apply for conduct that 

24 occurred before the date on which the Secure 
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•S 1033 IS

1 America and Orderly Immigration Act was in2 troduced; 

3 ‘‘(B) the Secretary of Homeland Security 

4 may not waive— 

5 ‘‘(i) subparagraph (A), (B), (C), (E), 

6 (G), (H), or (I) of section 212(a)(2) (relat7 ing to criminals); 

8 ‘‘(ii) section 212(a)(3) (relating to se9 curity and related grounds); or 

10 ‘‘(iii) subparagraph (A) or (C) of sec11 tion 212(a)(10) (relating to polygamists 

12 and child abductors); 

13 ‘‘(C) for conduct that occurred before the 

14 date on which the Secure America and Orderly 

15 Immigration Act was introduced, the Secretary 

16 of Homeland Security may waive the applica17 tion of any provision of section 212(a) not list18 ed in subparagraph (B) on behalf of an indi19 vidual alien for humanitarian purposes, to en20 sure family unity, or when such waiver is other21 wise in the public interest; and 

22 ‘‘(D) nothing in this paragraph shall be 

23 construed as affecting the authority of the Sec24 retary of Homeland Security other than under 
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•S 1033 IS

1 this paragraph to waive the provisions of sec2 tion 212(a). 

3 ‘‘(3) APPLICABILITY OF OTHER PROVISIONS.— 

4 Sections 240B(d) and 241(a)(5) shall not apply to 

5 an alien who is applying for adjustment of status in 

6 accordance with this title for conduct that occurred 

7 before the date on which the Secure America and 

8 Orderly Immigration Act was introduced. 

9 ‘‘(e) EMPLOYMENT.— 

10 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

11 Security may not adjust the status of an alien to 

12 that of a nonimmigrant under section 

13 101(a)(15)(H)(v)(b) unless the alien establishes that 

14 the alien— 

15 ‘‘(A) was employed in the United States, 

16 whether full time, part time, seasonally, or self17 employed, before the date on which the Secure 

18 America and Orderly Immigration Act was in19 troduced; and 

20 ‘‘(B) has been employed in the United 

21 States since that date. 

22 ‘‘(2) EVIDENCE OF EMPLOYMENT.— 

23 ‘‘(A) CONCLUSIVE DOCUMENTS.—An alien 

24 may conclusively establish employment status in 

25 compliance with paragraph (1) by submitting to 
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•S 1033 IS

1 the Secretary of Homeland Security records 

2 demonstrating such employment maintained 

3 by— 

4 ‘‘(i) the Social Security Administra5 tion, Internal Revenue Service, or by any 

6 other Federal, State, or local government 

7 agency; 

8 ‘‘(ii) an employer; or 

9 ‘‘(iii) a labor union, day labor center, 

10 or an organization that assists workers in 

11 matters related to employment. 

12 ‘‘(B) OTHER DOCUMENTS.—An alien who 

13 is unable to submit a document described in 

14 clauses (i) through (iii) of subparagraph (A) 

15 may satisfy the requirement in paragraph (1) 

16 by submitting to the Secretary at least 2 other 

17 types of reliable documents that provide evi18 dence of employment, including— 

19 ‘‘(i) bank records; 

20 ‘‘(ii) business records; 

21 ‘‘(iii) sworn affidavits from nonrel22 atives who have direct knowledge of the 

23 alien’s work; or 

24 ‘‘(iv) remittance records. 
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•S 1033 IS

1 ‘‘(3) INTENT OF CONGRESS.—It is the intent of 

2 Congress that the requirement in this subsection be 

3 interpreted and implemented in a manner that rec4 ognizes and takes into account the difficulties en5 countered by aliens in obtaining evidence of employ6 ment due to the undocumented status of the alien. 

7 ‘‘(4) BURDEN OF PROOF.—An alien described 

8 in paragraph (1) who is applying for adjustment of 

9 status under this section has the burden of proving 

10 by a preponderance of the evidence that the alien 

11 has satisfied the requirements of this subsection. An 

12 alien may meet such burden of proof by producing 

13 sufficient evidence to demonstrate such employment 

14 as a matter of reasonable inference. 

15 ‘‘(f) SPECIAL RULES FOR MINORS AND INDIVIDUALS

16 WHO ENTERED AS MINORS.—The employment require17 ments under this section shall not apply to any alien under 

18 21 years of age. 

19 ‘‘(g) EDUCATION PERMITTED.—An alien may satisfy 

20 the employment requirements under this section, in whole 

21 or in part, by full-time attendance at— 

22 ‘‘(1) an institution of higher education (as de23 fined in section 101 of the Higher Education Act of 

24 1965 (20 U.S.C. 1001)); or 
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•S 1033 IS

1 ‘‘(2) a secondary school (as defined in section 

2 9101 of the Elementary and Secondary Education 

3 Act of 1965 (20 U.S.C. 7801)). 

4 ‘‘(h) SECURITY AND LAW ENFORCEMENT BACK5 GROUND CHECKS.— 

6 ‘‘(1) SUBMISSION OF FINGERPRINTS.—An alien 

7 may not be granted nonimmigrant status under sec8 tion 101(a)(15)(H)(v)(b), or granted status as the 

9 spouse or child of an alien eligible for such status 

10 under subsection (c), unless the alien submits finger11 prints in accordance with procedures established by 

12 the Secretary of Homeland Security. 

13 ‘‘(2) BACKGROUND CHECKS.—The Secretary of 

14 Homeland Security shall utilize fingerprints and 

15 other data provided by the alien to conduct a back16 ground check of such alien relating to criminal, na17 tional security, or other law enforcement actions 

18 that would render the alien ineligible for adjustment 

19 of status as described in this section. 

20 ‘‘(3) EXPEDITIOUS PROCESSING.—The back21 ground checks required under paragraph (2) shall be 

22 conducted as expeditiously as possible. 

23 ‘‘(i) PERIOD OF AUTHORIZED STAY AND APPLICA24 TION FEE AND FINE.— 

25 ‘‘(1) PERIOD OF AUTHORIZED STAY.— 
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1 ‘‘(A) IN GENERAL.—The period of author2 ized stay for a nonimmigrant described in sec3 tion 101(a)(15)(H)(v)(b) shall be 6 years. 

4 ‘‘(B) LIMITATION.—The Secretary of 

5 Homeland Security may not authorize a change 

6 from such nonimmigrant classification to any 

7 other immigrant or nonimmigrant classification 

8 until the termination of the 6-year period de9 scribed in subparagraph (A). The Secretary 

10 may only extend such period to accommodate 

11 the processing of an application for adjustment 

12 of status under section 245B. 

13 ‘‘(2) APPLICATION FEE.—The Secretary of 

14 Homeland Security shall impose a fee for filing an 

15 application for adjustment of status under this sec16 tion. Such fee shall be sufficient to cover the admin17 istrative and other expenses incurred in connection 

18 with the review of such applications. 

19 ‘‘(3) FINES.— 

20 ‘‘(A) IN GENERAL.—In addition to the fee 

21 required under paragraph (2), the Secretary of 

22 Homeland Security may accept an application 

23 for adjustment of status under this section only 

24 if the alien pays a $1,000 fine. 
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1 ‘‘(B) EXCEPTION.—Fines paid under this 

2 paragraph shall not be required from an alien 

3 under the age of 21. 

4 ‘‘(4) COLLECTION OF FEES AND FINES.—All 

5 fees and fines collected under this section shall be 

6 deposited in the Treasury in accordance with section 

7 286(w). 

8 ‘‘(j) TREATMENT OF APPLICANTS.— 

9 ‘‘(1) IN GENERAL.—An alien who files an appli10 cation under this section, including the alien’s 

11 spouse or child— 

12 ‘‘(A) shall be granted employment author13 ization pending final adjudication of the alien’s 

14 application for adjustment of status; 

15 ‘‘(B) shall be granted permission to travel 

16 abroad; 

17 ‘‘(C) may not be detained, determined in18 admissible or deportable, or removed pending 

19 final adjudication of the alien’s application for 

20 adjustment of status, unless the alien, through 

21 conduct or criminal conviction, becomes ineli22 gible for such adjustment of status; and 

23 ‘‘(D) may not be considered an unauthor24 ized alien (as defined in section 274A(h)(3)) 
104 

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1 until employment authorization under subpara2 graph (A) is denied. 

3 ‘‘(2) BEFORE APPLICATION PERIOD.—If an 

4 alien is apprehended after the date of enactment of 

5 this section, but before the promulgation of regula6 tions pursuant to this section, and the alien can es7 tablish prima facie eligibility as a nonimmigrant 

8 under section 101(a)(15)(H)(v)(b), the Secretary of 

9 Homeland Security shall provide the alien with a 

10 reasonable opportunity, after promulgation of regu11 lations, to file an application for adjustment. 

12 ‘‘(3) DURING CERTAIN PROCEEDINGS.—Not13 withstanding any provision of this Act, an alien who 

14 is in removal proceedings shall have an opportunity 

15 to apply for adjustment of status under this title un16 less a final administrative determination has been 

17 made. 

18 ‘‘(4) RELATIONSHIPS OF APPLICATION TO CER19 TAIN ORDERS.—An alien who is present in the 

20 United States and has been ordered excluded, de21 ported, removed, or ordered to depart voluntarily 

22 from the United States under any provision of this 

23 Act may, notwithstanding such order, apply for ad24 justment of status in accordance with this section. 

25 Such an alien shall not be required to file a separate 
105 

•S 1033 IS

1 motion to reopen, reconsider, or vacate the exclu2 sion, deportation, removal, or voluntary departure 

3 order. If the Secretary of Homeland Security grants 

4 the application, the Secretary shall cancel such 

5 order. If the Secretary of Homeland Security ren6 ders a final administrative decision to deny the ap7 plication, such order shall be effective and enforce8 able to the same extent as if the application had not 

9 been made. 

10 ‘‘(k) ADMINISTRATIVE AND JUDICIAL REVIEW.— 

11 ‘‘(1) ADMINISTRATIVE REVIEW.— 

12 ‘‘(A) SINGLE LEVEL OF ADMINISTRATIVE

13 APPELLATE REVIEW.—The Secretary of Home14 land Security shall establish an appellate au15 thority within the United States Citizenship 

16 and Immigration Services to provide for a sin17 gle level of administrative appellate review of a 

18 determination respecting an application for ad19 justment of status under this section. 

20 ‘‘(B) STANDARD FOR REVIEW.—Adminis21 trative appellate review referred to in subpara22 graph (A) shall be based solely upon the admin23 istrative record established at the time of the 

24 determination on the application and upon the 
106 

•S 1033 IS

1 presentation of additional or newly discovered 

2 evidence during the time of the pending appeal. 

3 ‘‘(2) JUDICIAL REVIEW.— 

4 ‘‘(A) IN GENERAL.—There shall be judicial 

5 review in the Federal courts of appeal of the de6 nial of an application for adjustment of status 

7 under this section. Notwithstanding any other 

8 provision of law, the standard for review of 

9 such a denial shall be governed by subpara10 graph (B). 

11 ‘‘(B) STANDARD FOR JUDICIAL REVIEW.— 

12 Judicial review of a denial of an application 

13 under this section shall be based solely upon the 

14 administrative record established at the time of 

15 the review. The findings of fact and other de16 terminations contained in the record shall be 

17 conclusive unless the applicant can establish 

18 abuse of discretion or that the findings are di19 rectly contrary to clear and convincing facts 

20 contained in the record, considered as a whole. 

21 ‘‘(C) JURISDICTION OF COURTS.— 

22 ‘‘(i) IN GENERAL.—Notwithstanding 

23 any other provision of law, the district 

24 courts of the United States shall have ju25 risdiction over any cause or claim arising 
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•S 1033 IS

1 from a pattern or practice of the Secretary 

2 of Homeland Security in the operation or 

3 implementation of this section that is arbi4 trary, capricious, or otherwise contrary to 

5 law, and may order any appropriate relief. 

6 ‘‘(ii) REMEDIES.—A district court 

7 may order any appropriate relief under 

8 clause (i) if the court determines that reso9 lution of such cause or claim will serve ju10 dicial and administrative efficiency or that 

11 a remedy would otherwise not be reason12 ably available or practicable. 

13 ‘‘(3) STAY OF REMOVAL.—Aliens seeking ad14 ministrative or judicial review under this subsection 

15 shall not be removed from the United States until a 

16 final decision is rendered establishing ineligibility 

17 under this section. 

18 ‘‘(l) CONFIDENTIALITY OF INFORMATION.— 

19 ‘‘(1) IN GENERAL.—Except as otherwise pro20 vided in this subsection, no Federal agency or bu21 reau, nor any officer, employee, or agent of such 

22 agency or bureau, may— 

23 ‘‘(A) use the information furnished by the 

24 applicant pursuant to an application filed under 
108 

•S 1033 IS

1 this section for any purpose other than to make 

2 a determination on the application; 

3 ‘‘(B) make any publication through which 

4 the information furnished by any particular ap5 plicant can be identified; or 

6 ‘‘(C) permit anyone other than the sworn 

7 officers and employees of such agency or bureau 

8 to examine individual applications. 

9 ‘‘(2) REQUIRED DISCLOSURES.—The Secretary 

10 of Homeland Security shall provide the information 

11 furnished pursuant to an application filed under this 

12 section, and any other information derived from 

13 such furnished information, to a duly recognized law 

14 enforcement entity in connection with a criminal in15 vestigation or prosecution or a national security in16 vestigation or prosecution, in each instance about an 

17 individual suspect or group of suspects, when such 

18 information is requested in writing by such entity. 

19 ‘‘(3) CRIMINAL PENALTY.—Any person who 

20 knowingly uses, publishes, or permits information to 

21 be examined in violation of this subsection shall be 

22 fined not more than $10,000. 

23 ‘‘(m) PENALTIES FOR FALSE STATEMENTS IN AP24 PLICATIONS.— 

25 ‘‘(1) CRIMINAL PENALTY.— 
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1 ‘‘(A) VIOLATION.—It shall be unlawful for 

2 any person— 

3 ‘‘(i) to file or assist in filing an appli4 cation for adjustment of status under this 

5 section and knowingly and willfully falsify, 

6 misrepresent, conceal, or cover up a mate7 rial fact or make any false, fictitious, or 

8 fraudulent statements or representations, 

9 or make or use any false writing or docu10 ment knowing the same to contain any 

11 false, fictitious, or fraudulent statement or 

12 entry; or 

13 ‘‘(ii) to create or supply a false writ14 ing or document for use in making such an 

15 application. 

16 ‘‘(B) PENALTY.—Any person who violates 

17 subparagraph (A) shall be fined in accordance 

18 with title 18, United States Code, imprisoned 

19 not more than 5 years, or both. 

20 ‘‘(2) INADMISSIBILITY.—An alien who is con21 victed of a crime under paragraph (1) shall be con22 sidered to be inadmissible to the United States on 

23 the ground described in section 212(a)(6)(C)(i). 

24 ‘‘(3) EXCEPTION.—Notwithstanding paragraphs 

25 (1) and (2), any alien or other entity (including an 
110 

•S 1033 IS

1 employer or union) that submits an employment 

2 record that contains incorrect data that the alien 

3 used in order to obtain such employment before the 

4 date on which the Secure America and Orderly Im5 migration Act is introduced, shall not, on that 

6 ground, be determined to have violated this sec7 tion.’’. 

8 (b) CLERICAL AMENDMENT.—The table of contents 

9 for the Immigration and Nationality Act (8 U.S.C. 1101 

10 et seq.) is amended by inserting after the item relating 

11 to section 250 the following: 

‘‘Sec. 250A. H–5B nonimmigrants.’’. 

12 SEC. 702. ADJUSTMENT OF STATUS FOR H–5B NON13 IMMIGRANTS. 

14 (a) IN GENERAL.—Chapter 5 of title II of the Immi15 gration and Nationality Act (8 U.S.C. 1255 et seq.) is 

16 amended by inserting after section 245A the following: 

17 ‘‘ADJUSTMENT OF STATUS OF FORMER H–5B NON18 IMMIGRANT TO THAT OF PERSON ADMITTED FOR

19 LAWFUL PERMANENT RESIDENCE

20 ‘‘SEC. 245B. (a) REQUIREMENTS.—The Secretary 

21 shall adjust the status of an alien from nonimmigrant sta22 tus under section 101(a)(15)(H)(v)(b) to that of an alien 

23 lawfully admitted for permanent residence under this sec24 tion if the alien satisfies the following requirements: 
111 

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1 ‘‘(1) COMPLETION OF EMPLOYMENT OR EDU2 CATION REQUIREMENT.—The alien establishes that 

3 the alien has been employed in the United States, ei4 ther full time, part time, seasonally, or self-em5 ployed, or has met the education requirements of 

6 subsection (f) or (g) of section 250A during the pe7 riod required by section 250A(e). 

8 ‘‘(2) RULEMAKING.—The Secretary shall estab9 lish regulations for the timely filing and processing 

10 of applications for adjustment of status for non11 immigrants under section 101(a)(15)(H)(v)(b). 

12 ‘‘(3) APPLICATION AND FEE.—The alien who 

13 applies for adjustment of status under this section 

14 shall pay the following: 

15 ‘‘(A) APPLICATION FEE.—An alien who 

16 files an application under section 245B of the 

17 Immigration and Nationality Act, shall pay an 

18 application fee, set by the Secretary. 

19 ‘‘(B) ADDITIONAL FINE.—Before the adju20 dication of an application for adjustment of sta21 tus filed under this section, an alien who is at 

22 least 21 years of age shall pay a fine of $1,000. 

23 ‘‘(4) ADMISSIBLE UNDER IMMIGRATION

24 LAWS.—The alien establishes that the alien is not 

25 inadmissible under section 212(a), except for any 
112 

•S 1033 IS

1 provision of that section that is not applicable or 

2 waived under section 250A(d)(2). 

3 ‘‘(5) MEDICAL EXAMINATION.—The alien shall 

4 undergo, at the alien’s expense, an appropriate med5 ical examination (including a determination of im6 munization status) that conforms to generally ac7 cepted professional standards of medical practice. 

8 ‘‘(6) PAYMENT OF INCOME TAXES.— 

9 ‘‘(A) IN GENERAL.—Not later than the 

10 date on which status is adjusted under this sec11 tion, the alien shall establish the payment of all 

12 Federal income taxes owed for employment dur13 ing the period of employment required by sec14 tion 250A(e) by establishing that— 

15 ‘‘(i) no such tax liability exists; 

16 ‘‘(ii) all outstanding liabilities have 

17 been met; or 

18 ‘‘(iii) the alien has entered into an 

19 agreement for payment of all outstanding 

20 liabilities with the Internal Revenue Serv21 ice. 

22 ‘‘(B) IRS COOPERATION.—The Commis23 sioner of Internal Revenue shall provide docu24 mentation to an alien upon request to establish 
113 

•S 1033 IS

1 the payment of all income taxes required by 

2 this paragraph. 

3 ‘‘(7) BASIC CITIZENSHIP SKILLS.— 

4 ‘‘(A) IN GENERAL.—Except as provided in 

5 subparagraph (B), the alien shall establish that 

6 the alien— 

7 ‘‘(i) meets the requirements of section 

8 312; or 

9 ‘‘(ii) is satisfactorily pursuing a 

10 course of study to achieve such an under11 standing of English and knowledge and 

12 understanding of the history and govern13 ment of the United States. 

14 ‘‘(B) RELATION TO NATURALIZATION EX15 AMINATION.—An alien who demonstrates that 

16 the alien meets the requirements of section 312 

17 may be considered to have satisfied the require18 ments of that section for purposes of becoming 

19 naturalized as a citizen of the United States 

20 under title III. 

21 ‘‘(8) SECURITY AND LAW ENFORCEMENT BACK22 GROUND CHECKS.—The Secretary shall conduct a 

23 security and law enforcement background check in 

24 accordance with procedures described in section 

25 250A(h). 
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1 ‘‘(9) MILITARY SELECTIVE SERVICE.—The alien 

2 shall establish that if the alien is within the age pe3 riod required under the Military Selective Service 

4 Act (50 U.S.C. App. 451 et seq.), that such alien 

5 has registered under that Act. 

6 ‘‘(b) TREATMENT OF SPOUSES AND CHILDREN.— 

7 ‘‘(1) ADJUSTMENT OF STATUS.—Notwith8 standing any other provision of law, the Secretary of 

9 Homeland Security shall— 

10 ‘‘(A) adjust the status to that of a lawful 

11 permanent resident under this section, or pro12 vide an immigrant visa to the spouse or child 

13 of an alien who adjusts status to that of a per14 manent resident under this section; or 

15 ‘‘(B) adjust the status to that of a lawful 

16 permanent resident under this section for an 

17 alien who was the spouse or child of an alien 

18 who adjusts status or is eligible to adjust status 

19 to that of a permanent resident under section 

20 245B in accordance with subsection (a), if— 

21 ‘‘(i) the termination of the qualifying 

22 relationship was connected to domestic vio23 lence; and 

24 ‘‘(ii) the spouse or child has been bat25 tered or subjected to extreme cruelty by 
115 

•S 1033 IS

1 the spouse or parent who adjusts status to 

2 that of a permanent resident under this 

3 section. 

4 ‘‘(2) APPLICATION OF OTHER LAW.—In acting 

5 on applications filed under this subsection with re6 spect to aliens who have been battered or subjected 

7 to extreme cruelty, the Secretary of Homeland Secu8 rity shall apply the provisions of section 

9 204(a)(1)(J) and the protections, prohibitions, and 

10 penalties under section 384 of the Illegal Immigra11 tion Reform and Immigrant Responsibility Act of 

12 1996 (8 U.S.C. 1367). 

13 ‘‘(c) JUDICIAL REVIEW; CONFIDENTIALITY; PEN14 ALTIES.—Subsections (n), (o), and (p) of section 250A 

15 shall apply to this section.’’. 

16 (b) CLERICAL AMENDMENT.—The table of contents 

17 for the Immigration and Nationality Act (8 U.S.C. 1101 

18 et seq.) is amended by inserting after the item relating 

19 to section 245A the following: 

‘‘Sec. 245B. Adjustment of status of former H–5B nonimmigrant to that of 

person admitted for lawful permanent residence.’’. 

20 SEC. 703. ALIENS NOT SUBJECT TO DIRECT NUMERICAL 

21 LIMITATIONS. 

22 Section 201(b)(1) of the Immigration and Nationality 

23 Act (8 U.S.C. 1151(b)(1)) is amended— 
116 

•S 1033 IS

1 (1) in subparagraph (A), by striking ‘‘subpara2 graph (A) or (B) of’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(F) Aliens whose status is adjusted from the 

5 status described in section 101(a)(15)(H)(v)(b).’’. 

6 SEC. 704. EMPLOYER PROTECTIONS. 

7 (a) IMMIGRATION STATUS OF ALIEN.—Employers of 

8 aliens applying for adjustment of status under section 

9 245B or 250A of the Immigration and Nationality Act, 

10 as added by this title, shall not be subject to civil and 

11 criminal tax liability relating directly to the employment 

12 of such alien prior to such alien receiving employment au13 thorization under this title. 

14 (b) PROVISION OF EMPLOYMENT RECORDS.—Em15 ployers that provide unauthorized aliens with copies of em16 ployment records or other evidence of employment pursu17 ant to an application for adjustment of status under sec18 tion 245B or 250A of the Immigration and Nationality 

19 Act or any other application or petition pursuant to any 

20 other immigration law, shall not be subject to civil and 

21 criminal liability under section 274A of such Act for em22 ploying such unauthorized aliens. 

23 (c) APPLICABILITY OF OTHER LAW.—Nothing in this 

24 section may be used to shield an employer from liability 

25 under section 274B of the Immigration and Nationality 
117 

•S 1033 IS

1 Act (8 U.S.C. 1324b) or any other labor or employment 

2 law. 

3 SEC. 705. AUTHORIZATION OF APPROPRIATIONS. 

4 (a) IN GENERAL.—There are authorized to be appro5 priated to the Secretary of Homeland Security such sums 

6 as may be necessary to carry out this title and the amend7 ments made by this title. 

8 (b) AVAILABILITY OF FUNDS.—Funds appropriated 

9 pursuant subsection (a) shall remain available until ex10 pended. 

11 (c) SENSE OF CONGRESS.—It is the sense of Con12 gress that funds authorized to be appropriated under sub13 section (a) should be directly appropriated so as to facili14 tate the orderly and timely commencement of the proc15 essing of applications filed under sections 245B and 250A 

16 of the Immigration and Nationality Act, as added by this 

17 Act. 

18 TITLE VIII—PROTECTION 

19 AGAINST IMMIGRATION FRAUD 

20 SEC. 801. RIGHT TO QUALIFIED REPRESENTATION. 

21 Section 292 of the Immigration and Nationality Act 

22 (8 U.S.C. 1362) is amended to read as follows: 

23 ‘‘RIGHT TO QUALIFIED REPRESENTATION IN

24 IMMIGRATION MATTERS

25 ‘‘SEC. 292. (a) AUTHORIZED REPRESENTATIVES IN

26 IMMIGRATION MATTERS.—Only the following individuals 
118 

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1 are authorized to represent an individual in an immigra2 tion matter before any Federal agency or entity: 

3 ‘‘(1) An attorney. 

4 ‘‘(2) A law student who is enrolled in an ac5 credited law school, or a graduate of an accredited 

6 law school who is not admitted to the bar, if— 

7 ‘‘(A) the law student or graduate is ap8 pearing at the request of the individual to be 

9 represented; 

10 ‘‘(B) in the case of a law student, the law 

11 student has filed a statement that the law stu12 dent is participating, under the direct super13 vision of a faculty member, attorney, or accred14 ited representative, in a legal aid program or 

15 clinic conducted by a law school or nonprofit or16 ganization, and that the law student is appear17 ing without direct or indirect remuneration 

18 from the individual the law student represents; 

19 ‘‘(C) in the case of a graduate, the grad20 uate has filed a statement that the graduate is 

21 appearing under the supervision of an attorney 

22 or accredited representative and that the grad23 uate is appearing without direct or indirect re24 muneration from the individual the graduate 

25 represents; and 
119 

•S 1033 IS

1 ‘‘(D) the law student’s or graduate’s ap2 pearance is— 

3 ‘‘(i) permitted by the official before 

4 whom the law student or graduate wishes 

5 to appear; and 

6 ‘‘(ii) accompanied by the supervising 

7 faculty member, attorney, or accredited 

8 representative, to the extent required by 

9 such official. 

10 ‘‘(3) Any reputable individual, if— 

11 ‘‘(A) the individual is appearing on an in12 dividual case basis, at the request of the indi13 vidual to be represented; 

14 ‘‘(B) the individual is appearing without 

15 direct or indirect remuneration and the indi16 vidual files a written declaration to that effect, 

17 except as described in subparagraph (D); 

18 ‘‘(C) the individual has a pre-existing rela19 tionship or connection with the individual enti20 tled to representation, such as a relative, neigh21 bor, clergyman, business associate, or personal 

22 friend, except that this requirement may be 

23 waived, as a matter of administrative discretion, 

24 in cases where adequate representation would 

25 not otherwise be available; and 
120 

•S 1033 IS

1 ‘‘(D) if making a personal appearance on 

2 behalf of another individual, the appearance is 

3 permitted by the official before whom the indi4 vidual wishes to appear, except that such per5 mission shall not be granted with respect to any 

6 individual who regularly engages in immigration 

7 and naturalization practice or preparation, or 

8 holds himself or herself out to the public as 

9 qualified to do so. 

10 ‘‘(4) An individual representing a recognized or11 ganization (as described in subsection (f)) who has 

12 been approved to serve as an accredited representa13 tive by the Board of Immigration Appeals under 

14 subsection (f)(2). 

15 ‘‘(5) An accredited official, in the United 

16 States, of the government to which an alien owes al17 legiance, if the official appears solely in his or her 

18 official capacity and with the consent of the person 

19 to be represented. 

20 ‘‘(6) An individual who is licensed to practice 

21 law and is in good standing in a court of general ju22 risdiction of the country in which the individual re23 sides and who is engaged in such practice, if the 

24 person represents persons only in matters outside 

25 the United States and that the official before whom 
121 

•S 1033 IS

1 such person wishes to appear allows such represen2 tation, as a matter of discretion. 

3 ‘‘(7) An attorney, or an organization rep4 resented by an attorney, may appear, on a case-by5 case basis, as amicus curiae, if the Board of Immi6 gration Appeals grants such permission and the pub7 lic interest will be served by such appearance. 

8 ‘‘(b) FORMER EMPLOYEES.—No individual pre9 viously employed by the Department of Justice, Depart10 ment of State, Department of Labor, or Department of 

11 Homeland Security may be permitted to act as an author12 ized representative under this section, if such authoriza13 tion would violate any other applicable provision of Fed14 eral law or regulation. In addition, any application for 

15 such authorization must disclose any prior employment by 

16 or contract with such agencies for services of any nature. 

17 ‘‘(c) ADVERTISING.—Only an attorney or an indi18 vidual approved under subsection (f)(2) as an accredited 

19 representative may advertise or otherwise hold themselves 

20 out as being able to provide representation in an immigra21 tion matter. This provision shall in no way be deemed to 

22 diminish any Federal or State law to regulate, control, or 

23 enforce laws regarding such advertisement, solicitation, or 

24 offer of representation. 
122 

•S 1033 IS

1 ‘‘(d) REMOVAL PROCEEDINGS.—In any proceeding 

2 for the removal of an individual from the United States 

3 and in any appeal proceedings from such proceeding, the 

4 individual shall have the privilege, as the individual shall 

5 choose, of being represented (at no expense to the Govern6 ment) by an individual described in subsection (a). Rep7 resentation by an individual other than a person described 

8 in subsection (a) may cause the representative to be sub9 ject to civil penalties or such other penalties as may be 

10 applicable. 

11 ‘‘(e) BENEFITS FILINGS.—In any filing or submis12 sion for an immigration related benefit or a determination 

13 related to the immigration status of an individual made 

14 to the Department of Homeland Security, the Department 

15 of Labor, or the Department of State, the individual shall 

16 have the privilege, as the individual shall choose, of being 

17 represented (at no expense to the Government) by an indi18 vidual described in subsection (a). Representation by an 

19 individual other than an individual described in subsection 

20 (a) is cause for the representative to be subject to civil 

21 or criminal penalties, as may be applicable. 

22 ‘‘(f) RECOGNIZED ORGANIZATIONS AND ACCREDITED

23 REPRESENTATIVES.— 

24 ‘‘(1) RECOGNIZED ORGANIZATIONS.— 
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•S 1033 IS

1 ‘‘(A) IN GENERAL.—The Board of Immi2 gration Appeals may determine that a person is 

3 a recognized organization if such person— 

4 ‘‘(i) is a nonprofit religious, chari5 table, social service, or similar organization 

6 established in the United States that— 

7 ‘‘(I) is recognized by the Board 

8 of Immigration Appeals; and 

9 ‘‘(II) is authorized to designate a 

10 representative to appear in an immi11 gration matter before the Department 

12 of Homeland Security or the Execu13 tive Office for Immigration Review of 

14 the Department of Justice; and 

15 ‘‘(ii) demonstrates to the Board that 

16 such person— 

17 ‘‘(I) makes only nominal charges 

18 and assesses no excessive membership 

19 dues for individuals given assistance; 

20 and 

21 ‘‘(II) has at its disposal adequate 

22 knowledge, information, and experi23 ence. 
124 

•S 1033 IS

1 ‘‘(B) BONDING.—The Board, in its discre2 tion, may impose a bond requirement on new 

3 organizations seeking recognition. 

4 ‘‘(C) REPORTING OBLIGATIONS.—Recog5 nized organizations shall promptly notify the 

6 Board when the organization no longer meets 

7 the requirements for recognition or when an ac8 credited representative employed by the recog9 nized organization ceases to be employed by the 

10 recognized organization. 

11 ‘‘(2) ACCREDITED REPRESENTATIVES.—The 

12 Board of Immigration Appeals shall approve any 

13 qualified individual designated by a recognized orga14 nization to serve as an accredited representative. 

15 Such individual must be employed by the recognized 

16 organization and must meet all requirements set 

17 forth in this section and in the accompanying regu18 lations to be authorized to represent individuals in 

19 an immigration matter. Accredited representatives, 

20 through their recognized organizations, must certify 

21 their continuing eligibility for accreditation every 3 

22 years with the Board of Immigration Appeals. Ac23 credited representatives who fail to comply with 

24 these requirements shall not have authority to rep-
125 

•S 1033 IS

1 resent persons in an immigration matter for the rec2 ognized organization. 

3 ‘‘(g) PROHIBITED ACTS.—An individual, other than 

4 an individual authorized to represent an individual under 

5 this section, may not— 

6 ‘‘(1) directly or indirectly provide or offer rep7 resentation regarding an immigration matter for 

8 compensation or contribution; 

9 ‘‘(2) advertise or solicit representation in an im10 migration matter; 

11 ‘‘(3) retain any compensation provided for a 

12 prohibited act described in paragraph (1) or (2), re13 gardless of whether any petition, application, or 

14 other document was filed with any government agen15 cy or entity and regardless of whether a petition, ap16 plication, or other document was prepared or rep17 resented to have been prepared by such individual; 

18 ‘‘(4) represent directly or indirectly that the in19 dividual is an attorney or supervised by or affiliated 

20 with an attorney, when such representation is false; 

21 or 

22 ‘‘(5) violate any applicable civil or criminal stat23 ute or regulation of a State regarding the provision 

24 of representation by providing or offering to provide 
126 

•S 1033 IS

1 immigration or immigration-related assistance ref2 erenced in this subsection. 

3 ‘‘(h) CIVIL ENFORCEMENT.— 

4 ‘‘(1) IN GENERAL.—Any person, or any entity 

5 acting for the interests of itself, its members, or the 

6 general public (including a Federal law enforcement 

7 official or agency or law enforcement official or 

8 agency of any State or political subdivision of a 

9 State), that has reason to believe that any person is 

10 being or has been injured by reason of a violation of 

11 subsection (g) may commence a civil action in any 

12 court of competent jurisdiction. 

13 ‘‘(2) REMEDIES.— 

14 ‘‘(A) DAMAGES.—In any civil action 

15 brought under this subsection, if the court finds 

16 that the defendant has violated subsection (g), 

17 it shall award actual damages, plus the greater 

18 of— 

19 ‘‘(i) an amount treble the amount of 

20 actual damages; or 

21 ‘‘(ii) $1,000 per violation. 

22 ‘‘(B) INJUNCTIVE RELIEF.—The court 

23 may award appropriate injunctive relief, includ24 ing temporary, preliminary, or permanent in25 junctive relief, and restitution. Injunctive relief 
127 

•S 1033 IS

1 may include, where appropriate, an order tem2 porarily or permanently enjoining the defendant 

3 from providing any service to any person in any 

4 immigration matter. The court may make such 

5 orders or judgments, including the appointment 

6 of a receiver, as may be necessary to prevent 

7 the commission of any act described in sub8 section (g). 

9 ‘‘(C) ATTORNEY’S FEES.—The court shall 

10 also grant a prevailing plaintiff reasonable at11 torney’s fees and costs, including expert witness 

12 fees. 

13 ‘‘(D) CIVIL PENALTIES.—The court may 

14 also assess a civil penalty not exceeding 

15 $50,000 for a first violation, and not exceeding 

16 $100,000 for subsequent violations. 

17 ‘‘(E) CUMULATIVE REMEDIES.—Unless 

18 otherwise expressly provided, the remedies or 

19 penalties provided under this paragraph are cu20 mulative to each other and to the remedies or 

21 penalties available under all other Federal laws 

22 or laws of the jurisdiction where the violation 

23 occurred. 

24 ‘‘(3) NONPREEMPTION.—Nothing in this sub25 section shall be construed to preempt any other pri-
128 

•S 1033 IS

1 vate right of action or any right of action pursuant 

2 to the laws of any jurisdiction. 

3 ‘‘(4) DISCOVERY.—Information obtained 

4 through discovery in a civil action under this sub5 section shall not be used in any criminal action. 

6 Upon the request of any party to a civil action under 

7 this subsection, any part of the court file that makes 

8 reference to information discovered in a civil action 

9 under this subsection may be sealed. 

10 ‘‘(i) NONPREEMPTION OF MORE PROTECTIVE STATE

11 AND LOCAL LAWS.—The provisions of this section super12 sede laws, regulations, and municipal ordinances of any 

13 State only to the extent such laws, regulations, and munic14 ipal ordinances impede the application of any provision of 

15 this section. Any State or political subdivision of a State 

16 may impose requirements supplementing those imposed by 

17 this section. 

18 ‘‘(j) DEFINITIONS.—As used in this section— 

19 ‘‘(1) the term ‘attorney’ means a person who— 

20 ‘‘(A) is a member in good standing of the 

21 bar of the highest court of a State; and 

22 ‘‘(B) is not under any order of any court 

23 suspending, enjoining, restraining, disbarring, 

24 or otherwise restricting such person in the prac25 tice of law; 
129 

•S 1033 IS

1 ‘‘(2) the term ‘compensation’ means money, 

2 property, labor, promise of payment, or any other 

3 consideration provided directly or indirectly to an in4 dividual 

5 ‘‘(3) the term ‘immigration matter’ means any 

6 proceeding, filing, or action affecting the immigra7 tion or citizenship status of any person, which arises 

8 under any immigration or nationality law, Executive 

9 order, Presidential proclamation, or action of any 

10 Federal agency; 

11 ‘‘(4) the term ‘representation’, when used with 

12 respect to the representation of a person, includes— 

13 ‘‘(A) the appearance, either in person or 

14 through the preparation or filing of any brief or 

15 other document, paper, application, or petition 

16 on behalf of another person or client, before any 

17 Federal agency or officer; and 

18 ‘‘(B) the study of the facts of a case and 

19 the applicable laws, coupled with the giving of 

20 advice and auxiliary activities, including the in21 cidental preparation of papers; and 

22 ‘‘(5) the term ‘State’ includes a State or an 

23 outlying possession of the United States.’’. 
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1 SEC. 802. PROTECTION OF WITNESS TESTIMONY. 

2 (a) DEFINITION.—Section 101(a)(15)(U)(i) of the 

3 Immigration and Nationality Act (8 U.S.C. 

4 1101(a)(15)(i)) is amended— 

5 (1) by inserting in subclause (I) after the 

6 phrase ‘‘clause (iii)’’ the following: ‘‘or has suffered 

7 substantial financial, physical, or mental harm as 

8 the result of a prohibited act described in section 

9 292;’’ 

10 (2) by inserting in subclause (II) after the 

11 phrase ‘‘clause (iii)’’ the following: ‘‘or section 292’’; 

12 (3) by inserting in subclause (III) after the 

13 phrase ‘‘clause (iii)’’ the following: ‘‘or section 292’’; 

14 and 

15 (4) by inserting in subclause (IV) after the 

16 phrase ‘‘clause (iii)’’ the following: ‘‘or section 292’’. 

17 (b) ADMISSION OF NONIMMIGRANTS.—Section 

18 214(p) of the Immigration and Nationality Act of (8 

19 U.S.C. 1184(p)) is amended— 

20 (1) in paragraph (1), by inserting ‘‘or section 

21 274E’’ after ‘‘section 101(a)(15)(U)(iii)’’ each place 

22 it appears; and 

23 (2) in paragraph (2)(A), by striking ‘‘10,000’’ 

24 and inserting ‘‘15,000’’. 
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1 TITLE IX—CIVICS INTEGRATION 

2 SEC. 901. FUNDING FOR THE OFFICE OF CITIZENSHIP. 

3 (a) AUTHORIZATION.—The Secretary of Homeland 

4 Security, acting through the Director of the Bureau of 

5 Citizenship and Immigration Services, is authorized to es6 tablish the United States Citizenship Foundation (referred 

7 to in this section as the ‘‘Foundation’’), an organization 

8 duly incorporated in the District of Columbia, exclusively 

9 for charitable and educational purposes to support the 

10 functions of the Office of Citizenship (as described in sec11 tion 451(f)(2) of the Homeland Security Act of 2002 (6 

12 U.S.C. 271(f)(2)). 

13 (b) GIFTS.— 

14 (1) TO FOUNDATION.—The Foundation may so15 licit, accept, and make gifts of money and other 

16 property in accordance with section 501(c)(3) of the 

17 Internal Revenue Code of 1986. 

18 (2) FROM FOUNDATION.—The Office of Citizen19 ship may accept gifts from the Foundation to sup20 port the functions of the Office. 

21 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated such sums as may be 

23 necessary to carry out the mission of the Office of Citizen24 ship. 
132 

•S 1033 IS

1 SEC. 902. CIVICS INTEGRATION GRANT PROGRAM. 

2 (a) IN GENERAL.—The Secretary of Homeland Secu3 rity shall establish a competitive grant program to fund— 

4 (1) efforts by entities certified by the Office of 

5 Citizenship to provide civics and English as a second 

6 language courses; or 

7 (2) other activities approved by the Secretary to 

8 promote civics and English as a second language. 

9 (b) ACCEPTANCE OF GIFTS.—The Secretary may ac10 cept and use gifts from the United States Citizenship 

11 Foundation for grants under this section. 

12 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated such sums as may be 

14 necessary to carry out this section. 

15 TITLE X—PROMOTING ACCESS 

16 TO HEALTH CARE 

17 SEC. 1001. FEDERAL REIMBURSEMENT OF EMERGENCY 

18 HEALTH SERVICES FURNISHED TO UNDOCU19 MENTED ALIENS. 

20 Section 1011 of the Medicare Prescription Drug, Im21 provement, and Modernization Act of 2003 (42 U.S.C. 

22 1395dd note) is amended— 

23 (1) by striking ‘‘2008’’ and inserting ‘‘2011’’; 

24 and 

25 (2) in subsection (c)(5), by adding at the end 

26 the following: 
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•S 1033 IS

1 ‘‘(D) Nonimmigrants described in section 

2 101(a)(15)(H)(v) of the Immigration and Na3 tionality Act (8 U.S.C. 1101(a)(15)(H)(v)’’. 

4 SEC. 1002. PROHIBITION AGAINST OFFSET OF CERTAIN 

5 MEDICARE AND MEDICAID PAYMENTS. 

6 Payments made under section 1011 of the Medicare 

7 Prescription Drug, Improvement, and Modernization Act 

8 of 2003 (42 U.S.C. 1395dd note)— 

9 (1) shall not be considered ‘‘third party cov10 erage’’ for the purposes of section 1923 of the Social 

11 Security Act (42 U.S.C. 1396r–4); and 

12 (2) shall not impact payments made under such 

13 section of the Social Security Act. 

14 SEC. 1003. PROHIBITION AGAINST DISCRIMINATION 

15 AGAINST ALIENS ON THE BASIS OF EMPLOY16 MENT IN HOSPITAL-BASED VERSUS NONHOS17 PITAL-BASED SITES. 

18 Section 214(l)(1)(C) of the Immigrant and Nation19 ality Act (8 U.S.C. 1184(l)(1)(C) is amended— 

20 (1) in clause (i), by striking ‘‘and’’ at the end; 

21 and 

22 (2) by adding at the end the following: 

23 ‘‘(iii) such interested Federal agency 

24 or interested State agency, in determining 

25 which aliens will be eligible for such waiv-
134 

•S 1033 IS

1 ers, does not utilize selection criteria, other 

2 than as described in this subsection, that 

3 discriminate on the basis of the alien’s em4 ployment in a hospital-based versus non5 hospital-based facility or organization; 

6 and’’. 

7 SEC. 1004. BINATIONAL PUBLIC HEALTH INFRASTRUCTURE 

8 AND HEALTH INSURANCE. 

9 (a) STUDY.— 

10 (1) IN GENERAL.—The Secretary of Health and 

11 Human Services shall contract with the Institute of 

12 Medicine of the National Academies (referred to in 

13 this section as the ‘‘Institute’’) to study binational 

14 public health infrastructure and health insurance ef15 forts. 

16 (2) INPUT.—In conducting the study under 

17 paragraph (1), the Institute shall solicit input from 

18 border health experts and health insurance compa19 nies. 

20 (b) REPORT.— 

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

22 the date on which the Secretary of Health and 

23 Human Services enters into a contract under sub24 section (a), the Institute shall submit a report con25 cerning the study conducted under subsection (a) to 
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•S 1033 IS

1 the Secretary of Health and Human Services and 

2 the appropriate committees of Congress. 

3 (2) CONTENTS.—The report submitted under 

4 paragraph (1) shall include the recommendations of 

5 the Institute on ways to expand or improve bina6 tional public health infrastructure and health insur7 ance efforts. 

8 TITLE XI—MISCELLANEOUS 

9 SEC. 1101. SUBMISSION TO CONGRESS OF INFORMATION 

10 REGARDING H–5A NONIMMIGRANTS. 

11 (a) ENSURING ACCURATE COUNT.—The Secretary of 

12 State and the Secretary of Homeland Security shall main13 tain an accurate count of the number of aliens subject to 

14 the numerical limitations under section 214(g)(1)(C) of 

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

16 1184(g)(1)(C)) who are issued visas or otherwise provided 

17 nonimmigrant status. 

18 (b) PROVISION OF INFORMATION.— 

19 (1) QUARTERLY NOTIFICATION.—Beginning 

20 with the first fiscal year after regulations are pro21 mulgated to implement this Act, the Secretary of 

22 State and the Secretary of Homeland Security shall 

23 submit quarterly reports to the Committee on the 

24 Judiciary of the Senate and the Committee on the 

25 Judiciary of the House of Representatives containing 
136 

•S 1033 IS

1 the numbers of aliens who were issued visas or oth2 erwise provided nonimmigrant status under section 

3 101(a)(15)(H)(v)(a) of the Immigrant and Nation4 ality Act (8 U.S.C. 1101(a)(15)(H)(v)(a)) during 

5 the preceding 3-month period. 

6 (2) ANNUAL SUBMISSION.—Beginning with the 

7 first fiscal year after regulations are promulgated to 

8 implement this Act, the Secretary of Homeland Se9 curity shall submit annual reports to the Committee 

10 on the Judiciary of the Senate and the Committee 

11 on the Judiciary of the House of Representatives, 

12 containing information on the countries of origin 

13 and occupations of, geographic area of employment 

14 in the United States, and compensation paid to, 

15 aliens who were issued visas or otherwise provided 

16 nonimmigrant status under such section 

17 101(a)(15)(H)(v)(a). The Secretary shall compile 

18 such reports based on the data reported by employ19 ers to the Employment Eligibility Confirmation Sys20 tem established in section 402. 

21 SEC. 1102. H–5 NONIMMIGRANT PETITIONER ACCOUNT. 

22 Section 286 of the Immigration and Nationality Act 

23 (8 U.S.C. 1356) is amended by adding at the end the fol24 lowing: 
137 

•S 1033 IS

1 ‘‘(w)(1) There is established in the general fund of 

2 the Treasury of the United States an account, which shall 

3 be known as the ‘H–5 Nonimmigrant Petitioner Account’. 

4 ‘‘(2) There shall be deposited as offsetting receipts 

5 into the H–5 Nonimmigrant Petitioners Account— 

6 ‘‘(A) all fees collected under section 218A; and 

7 ‘‘(B) all fines collected under section 

8 212(n)(2)(I). 

9 ‘‘(3) Of the fees and fines deposited into the H–5 

10 Nonimmigrant Petitioner Account— 

11 ‘‘(A) 53 percent shall remain available to the 

12 Secretary of Homeland Security for efforts related 

13 to the adjudication and implementation of the H–5 

14 visa programs described in sections 221(a) and 

15 250A and any other efforts necessary to carry out 

16 the provisions of the Secure America and Orderly 

17 Immigration Act and the amendments made by such 

18 Act, of which the Secretary shall allocate— 

19 ‘‘(i) 10 percent shall remain available to 

20 the Secretary of Homeland Security for the bor21 der security efforts described in title I of the 

22 Secure America and Orderly Immigration Act. 

23 ‘‘(ii) not more than 1 percent to promote 

24 public awareness of the H–5 visa program, to 

25 protect migrants from fraud, and to combat the 
138 

•S 1033 IS

1 unauthorized practice of law described in title 

2 III of the Secure America and Orderly Immi3 gration Act; 

4 ‘‘(iii) not more than 1 percent to the Office 

5 of Citizenship to promote civics integration ac6 tivities described in section 901 of the Secure 

7 America and Orderly Immigration Act; and 

8 ‘‘(iv) 2 percent for the Civics Integration 

9 Grant Program under section 902 of the Secure 

10 America and Orderly Immigration Act. 

11 ‘‘(B) 15 percent shall remain available to the 

12 Secretary of Labor for the enforcement of labor 

13 standards in those geographic and occupational 

14 areas in which H–5A visa holders are likely to be 

15 employed and for other enforcement efforts under 

16 the Secure America and Orderly Immigration Act; 

17 ‘‘(C) 15 percent shall remain available to the 

18 Commissioner of Social Security for the creation and 

19 maintenance of the Employment Eligibility Con20 firmation System described in section 402 of the Se21 cure America and Orderly Immigration Act; 

22 ‘‘(D) 15 percent shall remain available to the 

23 Secretary of State to carry out any necessary provi24 sions of the Secure America and Orderly Immigra25 tion Act; and 
139 

•S 1033 IS

1 ‘‘(E) 2 percent shall remain available to the 

2 Secretary of Health and Human Services for the re3 imbursement of hospitals serving individuals working 

4 under programs established in this Act.’’. 

5 SEC. 1103. ANTI-DISCRIMINATION PROTECTIONS. 

6 Section 274B(a)(3)(B) of the Immigration and Na7 tionality Act (8 U.S.C. 1324b(a)(3)(B)) is amended to 

8 read as follows: 

9 ‘‘(B) is an alien who is— 

10 ‘‘(i) lawfully admitted for permanent 

11 residence; 

12 ‘‘(ii) granted the status of an alien 

13 lawfully admitted for temporary residence 

14 under section 210(a) or 245(a)(1); 

15 ‘‘(iii) admitted as a refugee under sec16 tion 207; 

17 ‘‘(iv) granted asylum under section 

18 208; or 

19 ‘‘(v) granted the status of non20 immigrant under section 

21 101(a)(15)(H)(v).’’. 

22 SEC. 1104. WOMEN AND CHILDREN AT RISK OF HARM. 

23 (a) CERTAIN CHILDREN AND WOMEN AT RISK OF

24 HARM.—Section 101(a)(27) of the Immigration and Na25 tionality Act (8 U.S.C. 1101(a)(27)) is amended— 
140 

•S 1033 IS

1 (1) in subparagraph (L), by inserting a semi2 colon at the end; 

3 (2) in subparagraph (M), by striking the period 

4 at the end and inserting ‘‘; or’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(N) subject to subsection (j), an immi7 grant who is not present in the United States— 

8 ‘‘(i) who is— 

9 ‘‘(I) referred to a consular, immi10 gration, or other designated official by 

11 a United States Government agency, 

12 an international organization, or rec13 ognized nongovernmental entity des14 ignated by the Secretary of State for 

15 purposes of such referrals; and 

16 ‘‘(II) determined by such official 

17 to be a minor under 18 years of age 

18 (as determined under subsection 

19 (j)(5))— 

20 ‘‘(aa) for whom no parent or 

21 legal guardian is able to provide 

22 adequate care; 

23 ‘‘(bb) who faces a credible 

24 fear of harm related to his or her 

25 age; 
141 

•S 1033 IS

1 ‘‘(cc) who lacks adequate 

2 protection from such harm; and 

3 ‘‘(dd) for whom it has been 

4 determined to be in his or her 

5 best interests to be admitted to 

6 the United States; or 

7 ‘‘(ii) who is— 

8 ‘‘(I) referred to a consular or im9 migration official by a United States 

10 Government agency, an international 

11 organization or recognized nongovern12 mental entity designated by the Sec13 retary of State for purposes of such 

14 referrals; and 

15 ‘‘(II) determined by such official 

16 to be a female who has— 

17 ‘‘(aa) a credible fear of 

18 harm related to her sex; and 

19 ‘‘(bb) a lack of adequate 

20 protection from such harm.’’. 

21 (b) STATUTORY CONSTRUCTION.—Section 101 of the 

22 Immigration and Nationality Act (8 U.S.C. 1101) is 

23 amended by adding at the end the following: 

24 ‘‘(j)(1) No natural parent or prior adoptive parent 

25 of any alien provided special immigrant status under sub-
142 

•S 1033 IS

1 section (a)(27)(N)(i) shall thereafter, by virtue of such 

2 parentage, be accorded any right, privilege, or status 

3 under this Act. 

4 ‘‘(2)(A) No alien who qualifies for a special immi5 grant visa under subsection (a)(27)(N)(ii) may apply for 

6 derivative status or petition for any spouse who is rep7 resented by the alien as missing, deceased, or the source 

8 of harm at the time of the alien’s application and admis9 sion. The Secretary of Homeland Security may waive this 

10 requirement for an alien who demonstrates that the alien’s 

11 representations regarding the spouse were bona fide. 

12 ‘‘(B) An alien who qualifies for a special immigrant 

13 visa under subsection (a)(27)(N) may apply for derivative 

14 status or petition for any sibling under the age of 18 years 

15 or children under the age of 18 years of any such alien, 

16 if accompanying or following to join the alien. For pur17 poses of this subparagraph, a determination of age shall 

18 be made using the age of the alien on the date the petition 

19 is filed with the Department of Homeland Security. 

20 ‘‘(3) An alien who qualifies for a special immigrant 

21 visa under subsection (a)(27)(N) shall be treated in the 

22 same manner as a refugee solely for purposes of section 

23 412. 

24 ‘‘(4) The provisions of paragraphs (4), (5), and 

25 (7)(A) of section 212(a) shall not be applicable to any 
143 

•S 1033 IS

1 alien seeking admission to the United States under sub2 section (a)(27)(N), and the Secretary of Homeland Secu3 rity may waive any other provision of such section (other 

4 than paragraph (2)(C) or subparagraph (A), (B), (C), or 

5 (E) of paragraph (3)) with respect to such an alien for 

6 humanitarian purposes, to assure family unity, or when 

7 it is otherwise in the public interest. Any such waiver by 

8 the Secretary of Homeland Security shall be in writing 

9 and shall be granted only on an individual basis following 

10 an investigation. The Secretary of Homeland Security 

11 shall provide for the annual reporting to Congress of the 

12 number of waivers granted under this paragraph in the 

13 previous fiscal year and a summary of the reasons for 

14 granting such waivers. 

15 ‘‘(5) For purposes of subsection (a)(27)(N)(i)(II), a 

16 determination of age shall be made using the age of the 

17 alien on the date on which the alien was referred to the 

18 consular, immigration, or other designated official. 

19 ‘‘(6) The Secretary of Homeland Security shall waive 

20 any application fee for a special immigrant visa for an 

21 alien described in section 101(a)(27)(N).’’. 

22 (c) ALLOCATION OF SPECIAL IMMIGRANT VISAS.— 

23 Section 203(b)(4) of the Immigration Nationality Act (8 

24 U.S.C. 1153(b)(4)) is amended by striking ‘‘(A) or (B) 

25 thereof’’ and inserting ‘‘(A), (B), or (N) of such section’’. 
144 

•S 1033 IS

1 (d) EXPEDITED PROCESS.—Not later than 45 days 

2 after the date of referral to a consular, immigration, or 

3 other designated official as described in section 

4 101(a)(27)(N) of the Immigration and Nationality Act, as 

5 added by subsection (a), special immigrant status shall be 

6 adjudicated and, if granted, the alien shall be— 

7 (1) paroled to the United States pursuant to 

8 section 212(d)(5) of that Act (8 U.S.C. 1182(d)(5)); 

9 and 

10 (2) allowed to apply for adjustment of status to 

11 permanent residence under section 245 of that Act 

12 (8 U.S.C. 1255) not later than 1 year after the 

13 alien’s arrival in the United States. 

14 (e) REQUIREMENT PRIOR TO ENTRY INTO THE UN15 TIED STATES.— 

16 (1) DATABASE SEARCH.—An alien may not be 

17 admitted to the United States under this section or 

18 an amendment made by this section until the Sec19 retary of Homeland Security has ensured that a 

20 search of each database maintained by an agency or 

21 department of the United States has been conducted 

22 to determine whether such alien is ineligible to be 

23 admitted to the Untied States on criminal, security, 

24 or related grounds. 
145 

•S 1033 IS

1 (2) COOPERATION AND SCHEDULE.—The Sec2 retary of Homeland Security and the head of each 

3 appropriate agency or department of the United 

4 States shall work cooperatively to ensure that each 

5 database search required by paragraph (1) is com6 pleted not later than 45 days after the date on 

7 which an alien files a petition seeking a special im8 migration visa under section 101(a)(27)(N) of the 

9 Immigration and Nationality Act, as added by sub10 section (a). 

11 (f) REQUIREMENT AFTER ENTRY INTO THE UNITED

12 STATES.— 

13 (1) REQUIREMENT TO SUBMIT FINGER14 PRINTS.— 

15 (A) IN GENERAL.—Not later than 30 days 

16 after the date that an alien enters the United 

17 States under this section or an amendment 

18 made by this section, the alien shall be 

19 fingerprinted and submit to the Secretary of 

20 Homeland Security such fingerprints and any 

21 other personal biometric data required by the 

22 Secretary. 

23 (B) OTHER REQUIREMENTS.—The Sec24 retary of Homeland Security may prescribe reg25 ulations that permit fingerprints submitted by 
146 

•S 1033 IS

1 an alien under section 262 of the Immigration 

2 and Nationality Act (8 U.S.C. 1302) or any 

3 other provision of law to satisfy the requirement 

4 to submit fingerprints under subparagraph (A). 

5 (2) DATABASE SEARCH.—The Secretary of 

6 Homeland Security shall ensure that a search of 

7 each database that contains fingerprints that is 

8 maintained by an agency or department of the 

9 United States be conducted to determine whether 

10 such alien is ineligible for an adjustment of status 

11 under any provision of the Immigration and Nation12 ality Act (8 U.S.C. 1101 et seq.) on criminal, secu13 rity, or related grounds. 

14 (3) COOPERATION AND SCHEDULE.—The Sec15 retary of Homeland Security and the head of each 

16 appropriate agency or department of the United 

17 States shall work cooperatively to ensure that each 

18 database search required under paragraph (2) is 

19 completed not later than 180 days after the date on 

20 which the alien enters the United States. 

21 (4) ADMINISTRATIVE AND JUDICIAL REVIEW.— 

22 (A) ADMINISTRATIVE REVIEW.—An alien 

23 who is admitted to the United States under this 

24 section or an amendment made by this section 

25 who is determined to be ineligible for an adjust-
147 

•S 1033 IS

1 ment of status pursuant to section 212 of the 

2 Immigration and Nationality Act (8 U.S.C. 

3 1182) may appeal such a determination 

4 through the Administrative Appeals Office of 

5 the Bureau of Citizenship and Immigration 

6 Services of the Department of Homeland Secu7 rity. The Secretary of Homeland Security shall 

8 ensure that a determination on such appeal is 

9 made not later than 60 days after the date on 

10 which the appeal is filed. 

11 (B) JUDICIAL REVIEW.—Nothing in this 

12 section, or in an amendment made by this sec13 tion, may preclude application of section 

14 242(a)(2)(B) of the Immigration and Nation15 ality Act (8 U.S.C. 1252(a)(2)(B)). 

16 (g) REPORT TO CONGRESS.—Not later than 1 year 

17 after the date of enactment of this Act, the Secretary of 

18 Homeland Security shall report to the Committee on the 

19 Judiciary of the Senate and the Committee on the Judici20 ary of the House of Representatives on the progress of 

21 the implementation of this section and the amendments 

22 made by this section, including— 

23 (1) data related to the implementation of this 

24 section and the amendments made by this section; 
148 

•S 1033 IS

1 (2) data regarding the number of placements of 

2 females and children who faces a credible fear of 

3 harm as referred to in section 101(a)(27)(N) of the 

4 Immigration and Nationality Act, as added by sub5 section (a); and 

6 (3) any other information that the Secretary of 

7 Homeland Security determines to be appropriate. 

8 (h) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated such sums as may be 

10 necessary to carry out this section and the amendments 

11 made by this section. 

12 SEC. 1105. EXPANSION OF S VISA. 

13 (a) EXPANSION OF S VISA CLASSIFICATION.—Sec14 tion 101(a)(15)(S) of the Immigration and Nationality 

15 Act (8 U.S.C. 1101(a)(15)(S)) is amended— 

16 (1) in clause (i)— 

17 (A) by striking ‘‘Attorney General’’ each 

18 place that term appears and inserting ‘‘Sec19 retary of Homeland Security’’; and 

20 (B) by striking ‘‘or’’ at the end; and 

21 (2) in clause (ii)— 

22 (A) by striking ‘‘Attorney General’’ and in23 serting ‘‘Secretary of Homeland Security’’; and 
149 

•S 1033 IS

1 (B) by striking ‘‘1956,’’ and all that fol2 lows through ‘‘the alien;’’ and inserting the fol3 lowing: ‘‘1956; or 

4 ‘‘(iii) who the Secretary of Homeland Se5 curity and the Secretary of State, in consulta6 tion with the Director of Central Intelligence, 

7 jointly determine— 

8 ‘‘(I) is in possession of critical reliable 

9 information concerning the activities of 

10 governments or organizations, or their 

11 agents, representatives, or officials, with 

12 respect to weapons of mass destruction 

13 and related delivery systems, if such gov14 ernments or organizations are at risk of 

15 developing, selling, or transferring such 

16 weapons or related delivery systems; and 

17 ‘‘(II) is willing to supply or has sup18 plied, fully and in good faith, information 

19 described in subclause (I) to appropriate 

20 persons within the United States Govern21 ment; 

22 and, if the Secretary of Homeland Security (or with re23 spect to clause (ii), the Secretary of State and the Sec24 retary of Homeland Security jointly) considers it to be ap25 propriate, the spouse, married and unmarried sons and 
150 

•S 1033 IS

1 daughters, and parents of an alien described in clause (i), 

2 (ii), or (iii) if accompanying, or following to join, the 

3 alien;’’. 

4 (b) NUMERICAL LIMITATION.—Section 214(k)(1) of 

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

6 1184(k)(1)) is amended to read as follows: 

7 ‘‘(1) The number of aliens who may be provided 

8 a visa as nonimmigrants under section 

9 101(a)(15)(S) in any fiscal year may not exceed 

10 3,500.’’. 

11 SEC. 1106. VOLUNTEERS. 

12 It is not a violation of clauses (ii), (iii), or (iv) of 

13 subparagraph (A) for a religious denomination described 

14 in section 101(a)(27)(C)(i) or an affiliated religious orga15 nization described in section 101(a)(27)(C)(ii)(III), or 

16 their agents or officers, to encourage, invite, call, allow, 

17 or enable an alien, who is already present in the United 

18 States in violation of law to carry on the violation de19 scribed in section 101(a)(27)(C)(ii)(I), as a volunteer who 

20 is not compensated as an employee, notwithstanding the 

21 provision of room, board, travel, and other basic living ex22 penses. 

Æ